COLUMBIA LAW SCHOOL Magazine Summer 2011 News Events

Fromthe Dean

On May 16, family, friends, and faculty gathered in Morningside Heights to celebrate Columbia Law School’s graduating Class of 2011. Prior to the commencement keynote address by United States Department of the Treasury General Counsel George W. Madison ’80,

David M. Schizer, Dean and the Lucy G. Moses Professor of Law, welcomed the graduates and their guests. An excerpt of those remarks follows.

Great societies look to the future. They are willing to make I don’t mean to suggest that there is only one way to solve sacrifices today in order to make the world better tomorrow. these problems. A number of approaches to taxes and gov- That spirit helped to create the freedom and prosperity that ernment spending could address these issues, and reasonable we now enjoy. people can disagree about which are best. And we need to keep it going. You are doing exactly what What is essential, though, is for us all to recognize that you are supposed to do. You have made sacrifices to get an what’s at stake is not—and cannot be—the comfort of current education. You have invested in the future, developing profes- generations only. We need to protect the interests of people sional skills that will stay with you for the rest of your life. who are not yet old enough to vote. Generations before us But I worry that not enough people are doing what you are have sacrificed to give us the extraordinary opportunities doing. I worry that the spirit of forward-looking sacrifice is that we have today, and we owe it to future generations to do waning. Too many people have bought homes that they could the same. not afford. Too many are abusing credit cards as a way to buy I say this to you because, in a sense, it is your turn now. . . . things they don’t really need. And, of course, governments at [Y]ou are well trained to be stewards of the future. You grad- all levels—all over the world—have taken on significant levels uate today and soon—much sooner than you realize—you of debt. will find yourselves in positions of significant responsibility. If I walked up to a 3-year-old child who was eating a To me, that is inspiring. Because I know how exceptionally cupcake, and I took it out of her hands and popped it in my gifted you are. It gives me great hope to know that you will mouth, you would think I was a terrible person. (And, of help to define our collective future. We need your talent, your course, you would be right.) Well, if we do the same thing energy, and your commitment. I know you will continue to through an organized political process, the conduct is every make us proud. bit as reprehensible. Living above our means at the expense of our children is wrong. We should be thinking about how to help them, not how to live off them. This is not a partisan issue. There is enough responsibility to go around, and I am not looking to allocate it today. Also,

LAW.COLUMBIA.EDU/MAGAZINE 1 Tableof Contents:

14 departments

4 14 18 19 20 EX POST FACTO SEE ALSO SETTING THE BAR FACULTY FOCUS PROFILES IN Surya Binoy, Governance and Constitutional Theory, SCHOLARSHIP 5 Mitchell Hendy, Globalization, Jamal Greene Suzanne B. Goldberg NEWS & EVENTS Elizabeth Broomfield, Katharina Pistor Christodoulos Kaoutzanis

48 ALUMNI PROFILES 52 Maximum Utility 56 Handshake Deals BY Andrew Clark By Alex Raskolnikov As a longtime leader Informal agreements in Head of the Class in the energy industry, the form of relational BY Alexander Paul Evanson ’66 tax planning cost the Zaitchik knows that with government billions of Robert L. Lieff ’61 has built power comes great dollars in lost revenues. a well-deserved reputa- responsibility. tion as one of the top 58 class-action litigators in 54 CLASS NOTES the nation. AT ISSUE ESSAYS 76 54 Campaign Finance IN MEMORIAM Law 50 Planting Seeds BY Richard Briffault 80 BY Andrea The Supreme Court’s QUESTIONS Thompson campaign finance law PRESENTED After spending time doctrine is a hodge- Jack B. Weinstein ’48 doing volunteer work in podge of unworkable Afghanistan, Yael Julie rules and illogical results. Fischer ’10 continues to expand her legacy of public service. 48 32

features

22 32 The Game connecting Changer the circuits By Farhad Manjoo BY Peter Coy As online privacy Law School professors continues to decline, Ronald Gilson, Charles Professor Eben Moglen Sabel, and Robert Scott is taking matters into have joined together his own hands. With for groundbreaking the development and research and scholarship act II production of what he on how companies BY Peter Kiefer calls the Freedom Box, like Apple use creative For many firm lawyers, Moglen hopes to forever contracting techniques transitioning into retirement at change the way we use to help encourage a relatively early age means an the Internet. In the product innovation. opportunity to embark on a second process, he may also career, engage in meaningful change the world. 38 philanthropy, and pursue other Foreclosure endeavors that may have otherwise 26 Nation been out of reach. Building Up BY Amy Feldman BY Lila Byock The nation’s mortgage In an age of fast-paced foreclosure crisis seems technological advancement to get more serious and and increased globaliza- complicated by the day, tion, attorneys representing and it has become clear every variety of corpora- that tried and true fixes tion have seen the nature are not doing the trick. of their work change. Columbia Law School 42 Four Law School gradu- and Business School ates working as in-house professors are working counsels discuss what’s together on innovative new, and how they have ideas that might help adapted with the times. turn the tide.

LAW.COLUMBIA.EDU/MAGAZINE 3 Columbia Law School Magazine

Dean david m. schizer Associate Dean for Development and Alumni Relations bruno m. santonocito Executive Director of Communications and Public Affairs elizabeth schmalz Editor matthew j.x. malady Managing Editor joy y. wang Assistant Editor mary johnson Photography Director peter freed Copy Editor lauren pavlakovich Design and Art Direction the barnett group Printing maar printing service, inc.

Columbia Law School Magazine is published twice annually for alumni and friends of Columbia Law School by the Office of Development and Alumni Relations.

Opinions expressed in Columbia Law School Magazine do not necessarily reflect the Fall Issue 2010 views of Columbia Law School or Columbia University.

This magazine is printed on FSC certified paper. Ex Post Facto

appeared on page 22 just don’t realize what Charging Forward was averted. We may be Change of address information should be sent to: Reader Poll Results in for a long period of columbia law school The new financial stagnation and decline if 435 West 116 Street, Box A-2 reform law should have little more is done. New York, NY 10027 done more to prevent –James McRitchie Attn: Office of Alumni Relations future crises: 45% alumni office It is too early to tell appeared on page 28 212-854-2680 if this law was the A Drop in the Bucket magazine notices proper response to Whatever one thinks of 212-854-2650 the crisis: 34% the merits of Citizens [email protected] The new law is an United, the case makes Copyright 2011, The Trustees of Columbia University in the City of New York appropriate response clear that substantial All rights reserved. to the crisis: 13% corporate resources The new law goes too will continue to be far in its attempts to spent on politics. When address the crisis: 8% deciding whether and how corporate money find us online! should be spent on Visit law.columbia.edu/magazine 45% political speech, the THROUGHOUT THE MAGAZINE, ICONS ALLOW YOU TO SAY, DO, SEE, AND LEARN MORE. 34% interests of directors 13% and executives may be very different from 8% those of shareholders. Yet corporate law treats Join the news & events appeared on page 22 the decision to spend on Conversation Go Beyond Tell us what Explore Charging Forward politics like an ordinary you think in our PROFESSOR JACK GREENBERG interactives THE Law School AMERICAN LAWYER related to comments section MAGAZINE HONORS At least we’re slightly business decision, Receives Grant JACK GREENBERG articles to Study This past fall, Columbia Law School professor and renowned civil ahead in our response giving executives near- rights lawyer Jack Greenberg ’48 O Globalization received The American CITIGROUP AND THE CITI FOUNDATION RECENTLY AWARDED A Lawyer magazine’s GRANT TO COLUMBIA LAW SCHOOL AND COLUMBIA BUSINESS Am Law Lifetime SCHOOL TO FUND THE STUDY OF GLOBALIZATION. Achievement Award. The publication than were our plenary authority and Citigroup’s Financial Insights Project will provide as much as $25 million over selected Greenberg the next five years to a number of leading universities, including Columbia. in part because of his The goal of the initiative is to encourage innovative research examining the work with the NAACP changing international economic landscape. Legal Defense and With funding from the grant, Law School Professors Ronald J. Gilson and Educational Fund, for Charles F. Sabel will team with Business School Professor Patrick Bolton to which the professor predecessors after shareholders no special study the relationship between global and local product innovation, as well won 35 of the 40 cases as risk management and regulation post-financial crisis. The team will also he argued before the focus on global governance with relation to China and India. U.S. Supreme Court. “We are witnessing the still early stages in the creation of new structures The magazine also for governing global finance and economic markets,” said Columbia recognized Greenberg University President and Law School Professor Lee C. Bollinger about the for his efforts in project. “The resources being made available will support research and establishing Human the Great Depression. protections. Citizens scholarship for better understanding the enormous changes brought on by Rights Watch, the globalization, including ways to help mitigate future financial crises.” Legal Resources Gilson, Sabel, and Bolton seek to promote both theoretical and practical Centre in South Africa, View More understanding of globalization and its increasingly important role in the and the Law School’s world. Thanks to the grant, the group’s work will add to the Law School’s first human rights prominent role as a leader in scholarship centered at the intersection of internship program. • I’m hoping we’ll have United makes the Watch videos and business, finance, and law. • browse slideshows

another substantial need for governance GRAETZ ANALYZES ENERGY POLICY In his new book The End of Energy (MIT Press: 2011), Michael J. Graetz, the Isidor and Seville Sulzbacher Professor of Law and Columbia Alumni Professor of Tax Law, traces four decades of poorly managed energy policy—from the OPEC oil embargo during the 1970s to recent debates over “cap-and-trade” round of legislation proposals. The book, published in April, examines the sources of fuel used in rules that ensure that the U.S. and explains how flawed oil policy has compromised the environment, as well as the country’s independence and security. • Web

web exclusive Read a sample from Professor Graetz’s book. after the Financial Crisis corporate speech PROFESSOR MICHAEL J. GRAETZ law.columbia.edu/mag/graetz-energy Exclusives LAW.COLUMBIA.EDU/MAGAZINE 7 Read additional Inquiry Commission’s is consistent with web-only profiles report. However, an even shareholders’ interests and articles greater split in Congress more acute than ever. Listen In and Tea Party wins could –Professor Robert J. Download podcasts forestall progress. People Jackson Jr. of Law School Events

Send comments, letters, or class notes to [email protected]. Comment on articles online at law.columbia.edu/magazine. Letters and class notes may be edited for length and clarity.

4 COLUMBIA LAW SCHOOL MAGAZINe Summer 2011 News Events:

professor abbe R. gluck Professor Gluck Hosts Legislation Roundtable Richard Paul Richman Center Highlights Intersection of In April, Professor Abbe R. Gluck joined Business and Law Adjunct Professor of Law William “The complex challenges in public Match, also established The Rich- Eskridge Jr. to host policy need to be informed by the ard Paul Richman Professorship of the inaugural Works in pragmatic perspectives of both Law, as well as a similar professor- Progress Roundtable at Columbia Law business and law,” said Richard P. ship at the Business School. Rich- School. The event Richman ’72 J.D., ’73 M.B.A. “Colum- man serves on the Dean’s Council brought together 30 bia’s intellectual capital in these two at the Law School and is chairman experts in the field of disciplines is unparalleled.” of The Richman Group. The com- legislation to discuss “The complex new scholarship and challenges in This past winter, Columbia Uni- pany is one of the largest owners emerging research. public policy versity announced the formation of and developers of rental property in Gluck hailed the the Richard Paul Richman Center the nation, and it is involved in the gathering as evidence need to be for Business, Law, and Public Policy, building of approximately 10 per- of the exciting work informed by the being done in the a new institution that highlights the cent of the affordable housing in the area of legislation, pragmatic strong, ongoing relationship between U.S. every year. and she expects the perspectives of Columbia Law School and Columbia In addition to supporting the Law roundtable to further solidify Columbia both business Business School. School’s faculty, the center also seeks Law School as a and law.” Made possible by a gift from the to inspire future generations of stu- leader in the field. richard p. richman ’72 Richard Paul and Ellen S. Richman dents to pursue careers that combine “We’re hoping to Private Family Foundation, the center business, law, and public policy. start a tradition and deepen the sense of “brings together legal and business “The vision and generosity of the community among expertise to bear on some of the most Richman family will have a last- legislation scholars,” pressing problems of our time,” said ing impact on Columbia and on the Gluck said. • David M. Schizer, Dean and the Lucy worlds of business and law,” said G. Moses Professor of Law. “The result University President and Law School will be valuable public policy initia- Professor Lee C. Bollinger ’71. “[T]he 30 tives and also unparalleled educa- Richman Center will undoubtedly be legislation tional opportunities for our students.” a valuable source of innovative schol- experts The grant, combined with a gift arship and real-world solutions in the visit Law School from the H.F. Lenfest Professorship years ahead.” •

Read more about the new center. web exclusive law.columbia.edu/mag/richman-info

“Nuclear power in the U.S. was already facing numerous challenges, and the Fukushima disaster has added another problem—renewed worries about safety. The nuclear renaissance in the United States is teetering on the edge of a cliff.” —Professor Michael B. Gerrard

LAW.COLUMBIA.EDU/MAGAZINE 5 news & events

Bhagwati Leads Trade Reform Panel

British Prime Minister David Cameron and German Chancellor Angela Merkel recently selected Professor stephen h. case ’68 and max w. berger ’71 with dean david m. schizer Jagdish Bhagwati to lead a panel of experts in examining options for boosting world trade. The Max Berger ’71 group, also sponsored by the governments of Indonesia and Turkey, will analyze and Stephen Case ’68 the current global marketplace and offer recommendations on tariff revisions and Awarded Medal for regulatory changes. “The world trade system needs to Excellence strengthen defense against protectionism Columbia Law School awarded Max W. Berger ’71 and Stephen H. Case ’68 and find creative ways the Medal for Excellence, the Law School’s highest honor, during the to liberalize trade,” 62nd annual Winter Luncheon. Bhagwati said about the group’s aim. “The Max Berger is a founding part- mative impact of the education funded groundbreaking work post-war prosperity in ner of Bernstein Litowitz Berger he received at the Law School. by Professors Richard Briffault, both developing and developed countries & Grossmann. At the Law School, “[Columbia Law School trains] Tim Wu, Clarisa Long, Kather- owed considerably to where Berger serves on the Dean’s students so that each of us has ine Franke, and Philip Genty.” increasing openness Council, he and his wife, Dale, the confidence to be our own As the luncheon drew to a in the world economy. established a fellowship that person and not fit into any par- close, Case expressed his humble We should not forget that lesson.” • supports students pursuing ticular mold,” he said. appreciation for being selected public interest careers. He also Berger’s fellow honoree, helped secure funding from his Stephen Case, serves as the Bhagwati spoke on global trade at the firm to establish the Bernstein managing director and general Litowitz Berger & Grossmann counsel of Emerald Development view more 2011 LLP Fellowship, which is Managers. As a member of the Browse a gallery of world awarded to graduates involved Law School’s Dean’s Council and photos from the event. economic law.columbia.edu/ forum in anti-discrimination work. a Columbia University trustee mag/2011-excellence “Max has earned a reputa- for more than a decade, Case tion as a first-rate litigator,” said helped spearhead the Davis Polk to receive the Medal for Excel- Dean David M. Schizer. “Less & Wardwell Scholarship, which lence. “The greatest strength of well-known, though, is his has benefited numerous Law Columbia Law School is rep- generous support of education School students. resented right here,” Case said. and youth programs. Max is “Steve’s philanthropy at “[T]o paraphrase a familiar instrumental in the develop- Columbia Law School has cliché: There is no one out there ment of promising young men helped finance the studies who is better to eat with, drink and women each year.” of countless students,” Dean with, or fight with than my In accepting the medal, Schizer said, “and his support brother and sister graduates of Berger reflected on the transfor- of faculty scholarship has the Law School.” •

“Although the SEC’s new rules governing the independence of public-company directors are an important step forward, they leave many of the hardest choices to the securities exchanges, which now must promulgate their own standards.” —Professor Robert J. Jackson Jr.

6 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 news & events

Professor JACK GREENBERG The Law School American Lawyer magazine honors Receives Grant Jack Greenberg to Study This past fall, Columbia Law School professor and renowned civil rights lawyer Jack Greenberg ’48 O Globalization received The American Citigroup and the Citi Foundation recently awarded a Lawyer magazine’s grant to Columbia Law School and Columbia Business Am Law Lifetime School to fund the study of globalization. Achievement Award. The publication Citigroup’s Financial Insights Project will provide as much as $25 million over selected Greenberg the next five years to a number of leading universities, including Columbia. in part because of his The goal of the initiative is to encourage innovative research examining the work with the NAACP changing international economic landscape. Legal Defense and With funding from the grant, Law School Professors Ronald J. Gilson and Educational Fund, for Charles F. Sabel will team with Business School Professor Patrick Bolton to which the professor study the relationship between global and local product innovation, as well won 35 of the 40 cases as risk management and regulation post–financial crisis. The team will also he argued before the focus on global governance with regards to China and India. U.S. Supreme Court. “We are witnessing the still early stages in the creation of new structures The magazine also for governing global finance and economic markets,” said Columbia recognized Greenberg University President and Law School Professor Lee C. Bollinger about the for his efforts in project. “The resources being made available will support research and establishing Human scholarship for better understanding the enormous changes brought on by Rights Watch, the globalization, including ways to help mitigate future financial crises.” Legal Resources Gilson, Sabel, and Bolton seek to promote both theoretical and practical Centre in South Africa, understanding of globalization and its increasingly important role in the and the Law School’s world. Thanks to the grant, the group’s work will add to the Law School’s first human rights prominent role as a leader in scholarship centered at the intersection of internship program. • business, finance, and law. •

Graetz Analyzes Energy Policy

In his new book The End of Energy (MIT Press: 2011), Michael J. Graetz, the Isidor and Seville Sulzbacher Professor of Law and Columbia Alumni Professor of Tax Law, traces four decades of poorly managed energy policy—from the OPEC oil embargo during the 1970s to recent debates over “cap-and-trade” proposals. The book, published in April, examines the sources of fuel used in the U.S. and explains how flawed oil policy has compromised the environment, as well as the country’s independence and security. •

Read a sample from Professor Graetz’s book. professor michael J. graetz web exclusive law.columbia.edu/mag/graetz-energy

LAW.COLUMBIA.EDU/MAGAZINE 7 news & events

Law School Announces New Three-Year J.D./M.B.A. Program Columbia Law School introduced a new joint degree professor curtis J. milhaupt program that will enable students to earn a J.D. from the Law School and an M.B.A. from Columbia Experts Business School in a total of three years. examine Japanese The Columbia Three-Year J.D./M.B.A. The new dual degree offering has Immigration Program enhances the Law School’s fostered the creation of multiple inter- Laws current roster of joint degree offer- disciplinary courses that are jointly ings, which includes an existing taught by faculty from both the Law Professor Curtis four-year J.D./M.B.A. curriculum. School and the Business School. Those J. Milhaupt ’89, Although the four-year program innovative courses will be available the director of the will remain available, the new joint- to all students enrolled in either insti- Center for Japanese Legal Studies at degree opportunity provides an tution, thus providing an academic the Law School, accelerated alternative that allows windfall to those intrigued by the recently partnered interested students to enter the intersection of law and business. with the Business workforce one year earlier. To earn both degrees within three School’s Center on Japanese Economy Dean David M. Schizer empha- years, participants will complete the and Business to sized the benefits of combining standard first-year Law School and host a private a rigorous legal thought process Business School curricula during workshop dedicated with skills honed in business the first two years, developing strong to analyzing the pros and cons of school, such as quantitative analysis foundations in both business and Japan’s relatively and teamwork. law. Then, in the third and final closed stance toward “Lawyers better serve their clients year, students register for advanced immigration. A when they have a deep understand- courses at both institutions. The diverse group of scholars, government ing of business practice and policy, program also offers ample time officials, business particularly in today’s regulatory and during the summer months for leaders, and activists multi-national environment,” said internships and other professional discussed the country’s immigration Dean Schizer. “A J.D.-M.B.A. from development activities, and exten- laws from a variety Columbia affords students a unique sive career counseling is available to of perspectives, educational experience, the quality maximize students’ post-graduation addressing issues of which is unparalleled.” employment opportunities. • related to Japan’s demographics and the legal treatment of web exclusive Learn more about the program. foreign residents. • law.columbia.edu/mag/3-year-jd-mba

Bermann and Pistor offer insights at Comparative Law Conference

Professors George A. Bermann and Katharina Pistor recently took part in the 28th International Congress of Comparative Law, hosted by American University’s Washington College of Law. The event brought together renowned legal experts and scholars from around the world to analyze comparative law in the context of pressing legal issues such as surrogate motherhood, corporate liability, and climate change. Pistor served on a panel discussing the role of comparative law in stimulating economic growth and social welfare in developing countries. Bermann participated in the closing professor George A. Bermann presentation, which offered a look at the future of the field. •

8 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 news & events

Hertog speaker series hosts 9 leading scholars

professor tim wu New Program Features Tim Wu Named Renowned National Adviser to FTC Security Experts This past fall, Columbia Law School launched the Professor Tim Wu Roger Hertog Program on Law and National Security. recently was named a Students senior adviser to the Led by Professors Trevor W. Morrison ’98, Matthew Waxman, and Federal Trade Commis- Celebrate D.C. Philip C. Bobbitt, the program has already helped spur the creation of three new courses dealing with issues related to national security law sion (FTC). Wu, who Externship and policy. In addition, the program funds academic research and invites is now working in the noted scholars and practitioners to the Law School to present lectures on FTC’s Office of Policy national security law topics. Planning, is tasked with “The goal of the program is to expose students and others to real- This past fall, Columbia world challenges and dilemmas facing government officials, to enrich our analyzing consumer Law School hosted study of both the law and the role of lawyers inside government,” said protection and competi- a reception at the Waxman, a widely recognized expert on the international legal aspects of tion issues that affect Washington, D.C., combating terrorism. the Internet and mobile office of Epstein In the inaugural year of the program, Columbia Law School offered Becker Green to national security law and policy courses taught by both Morrison (who markets. “The Internet recognize students recently returned from a year at the White House, where he served as platform has given rise who participated in the associate counsel to the president) and Waxman. to new and hard prob- Law School’s newly The program’s fall speaker series featured several high-ranking legal and minted Externship policy experts, including David S. Kris, the assistant attorney general for lems of privacy, data on the Federal national security in the Justice Department. Kris spoke about counterter- retention, deceptive Government in D.C. rorism strategy and described how law enforce- advertising, billing prac- Dean David M. Schizer ment can be an effective tool in the war on terror. tices, standard-setting, congratulated the nine The State Department’s legal adviser, Harold third-year students Hongju Koh, presented a talk on the Obama and vertical foreclosure, who completed administration’s approach to international law and just to name a few,” Wu externships at federal national security. And Brigadier General Mark S. said. “The FTC is the agencies, including Martins examined the legal issues involved in agency at the front line the departments of modern military operations. State, Justice, Treasury, Near the end of the fall semester, the of these issues, which Education, and Health program organized presentations by Jeh have such obvious effects and Human Services. Charles Johnson ’82, general counsel for on how we live our William Kopit ’64 the U.S. Defense Department, and Robert lives.” Wu’s well-received and Zaid Zaid ’07 S. Litt, general counsel for the Office of the helped host the event, Director of National Intelligence. This spring, recent book, The Master and adjunct professor Waxman helped host the Charles Fabrikant Switch (Knopf: 2010), Michael Shenkman, Colloquium in National Security Law and explains how the history who led the program in Policy, which welcomed numerous national of television, radio, and D.C., was also on hand security law scholars and practitioners to for the celebration. • Jerome Greene Hall. • jeh charles johnson ’82 the telephone offer cru- cial clues as to how the Internet will continue Visit the new program’s website. web exclusive law.columbia.edu/mag/hertog-program to develop. •

“The rejection of the Google Books settlement leaves open many questions [about copyright and legislation surrounding ‘orphaned works’]. And while we await the answers, Google continues to scan and store vast numbers of books every day—without permission.” —Professor Jane C. Ginsburg

LAW.COLUMBIA.EDU/MAGAZINE 9 news & events

professor nathaniel persily New Course Teaches

Judge Denny Chin, Justice Sonia Sotomayor, and Judge Debra a. Livingston Students How to Map otomayor Congressional S Joins Districts Livingston and Chin

Law School Professor Nathaniel on Moot Court Bench Persily has created Hosts National a new course that This spring, U.S. Supreme Court Associate Justice Sonia Sotomayor Moot Court teaches students returned to Columbia Law School to serve as a judge for the final how to map round of the Harlan Fiske Stone Moot Court Competition. Prior to Competition “legally defensible” her Supreme Court appointment, Sotomayor spent nearly 10 years congressional districts as an instructor at the Law School, where she co-taught a federal using an innovative appellate externship course. computer program. This winter, Columbia The nonpartisan Professor Debra A. Livingston and Denny Chin, both of whom Law School hosted redistricting maps are serve on the 2nd Circuit Court of Appeals, joined Sotomayor in the 2011 National then posted online hearing arguments from the moot court finalists. Livingston, who Native American at DrawCongress.org currently oversees the federal appellate externship class, is also Law Students so states across the the Paul J. Kellner Professor of Law. Association Moot country can put them The moot court, a three-round elimination competition, Court Competition. to use. The event drew 66 “This has never focuses on appellate advocacy. Finalists Anjali Bhat ’11, Prashanth teams from 28 schools been done before,” Chennakesavan ’11, Matthew F. Kuhn ’11, and Paul E. Smith ’12 across the country to said Persily, a noted presented arguments for a case written by Evie Spanos ’11, a present briefs and oral election law expert. previous finalist who served as this year’s competition director. arguments dealing with “There are many places The fictional appeal involved a mentally disabled individual who a mock case about that offer election law claimed to have been wrongfully sentenced to life without parole. the scope of tribal courses and talk about Sotomayor, Livingston, and Chin challenged the finalists with a court jurisdiction. Law redistricting, but no School student Amy place where students salvo of questions, eventually presenting Smith with the Lawrence Conners ’13 won first get their hands S. Greenbaum Prize for best oral presentation. The second-year place for best oralist in dirty and learn student represented the respondent in the case. • the competition. • the technology.” •

Center Creates Model Green Building Ordinance

The Columbia Law School Center for Climate easily adaptable to jurisdictions outside New Change Law recently released a model green York as well, explained Professor Michael B. building ordinance that would regulate Gerrard, the director of the Center for Climate go construction of both new and renovated Change Law. “Our vision,” he added, “is for beyond structures. Municipalities across New York municipal governing bodies to see this model Explore students’ state will be able to use the ordinance to ordinance as a valuable resource.” This spring, redistricting maps ensure that building projects adhere to certain Gerrard hosted a conference at the Law School and submit your own. standards regarding efficient use of energy, addressing the threat climate change and rising law.columbia.edu/ water, and building materials. The ordinance is sea levels pose to small island nations. • mag/draw-congress

“Whatever the Supreme Court holds in Dukes v. Wal-Mart, the public discourse surrounding the case shows that there is a need for greater understanding of the dynamics producing bias and the systems-level changes needed to eliminate it.” —Professor Susan P. Sturm

10 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 news & events

More than

70 Judge Wilfred Feinberg years of Columbia service reception for Sovern and honors Livingston Judge Wilfred Feinberg ’43 Livingston and Sovern Columbia Law School recently hosted a reception Receive Wien Prize to celebrate a new student scholarship established in honor of Judge Wilfred Feinberg ’43 of the 2nd Circuit Court of Appeals. Roughly 100 of Feinberg’s former clerks donated to help create the fund, which Professor will support students Anthoine ’49 based on academic achievement and Turns 90 financial need. “[Judge Feinberg has] an aura around him dean david m. schizer with professors debra a. livingston and michael i. sovern of integrity,” said Alan This past fall, Columbia Law School awarded the In June, longtime Vickery ’83, a partner Lawrence A. Wien Prize for Social Responsibility to Columbia Law in the New York Debra A. Livingston and Michael I. Sovern ’55. School Professor City office of Boies, Robert Anthoine ’49 Schiller & Flexner, Nearly 200 graduates and guests attended a celebratory luncheon celebrated his 90th and one of the at The Pierre hotel in Manhattan. Livingston, the Paul J. Kellner birthday. Anthoine, many former clerks Professor of Law and a judge on the 2nd Circuit Court of Appeals, a renowned tax law who attended the has been a member of the Law School faculty for nearly 20 years. expert, joined the reception. “His level of ethics is the Sovern has been a powerful presence in Morningside Heights for faculty in 1952, only three years after highest imaginable.” • more than 50 years. During that time, he has served as dean of graduating from the the Law School, as president of the University, and now as the Law School. He fondly Chancellor Kent Professor of Law. • recalls serving on the admissions committee that welcomed Ruth view more New Course Focuses on Bader Ginsburg ’59 See photo coverage to Columbia and from the reception. Improving Public Schools continues to meet law.columbia.edu/mag/ with former students feinberg-event Law School students in Professor Professors Charles F. Sabel and he inspired during his James S. Liebman’s new Public William H. Simon’s Deals: Public- time on the faculty. Sector Structural Change course Sector Problem Solving class. Anthoine stopped addressed the real-world problems Students were pushed to use teaching at the Law currently facing grade-school their skills in law, business, and School in 1990 after education on the city, state, and quantitative research to suggest an impactful four- national levels. The spring course solutions to challenges faced by decade career in was held in conjunction with public schools. • legal education. •

LAW.COLUMBIA.EDU/MAGAZINE 11 news & events

professor benjamin l. liebman Legal Experts Discuss Global Press Freedoms Clinic to Celebrate Columbia University President Lee C. 30 Years of Bollinger ’71 recently partnered with Columbia Law School, Child Advocacy the Graduate School of Journalism, and the Graduate Nearly 30 years after it was founded, the Child School of International Advocacy Clinic at Columbia Law School continues and Public Affairs to Named to mold its students into powerful advocates for produce a conference Attorney New York City’s underserved youths. titled “A Free Press for a Global Society.” General In the first panel Led by Professor Jane of two former students in Kenya discussion of the M. Spinak, the clinic and assembled an two-day event, Law Githu Muigai ’86 has focused for the past instructional pam- School Professor LL.M. was recently several years on young phlet explaining how Benjamin L. Liebman appointed to serve led a conversation people who are aging foster children who as the attorney about the role of the general for Kenya. out of the foster care attend college can press in modern-day Muigai is an associate system. Clinic students continue receiving China and discussed professor of public have helped clients government benefits common myths about law at the University Chinese media. “More of Nairobi School of navigate issues ranging until they complete information is available Law. He also serves as from identity theft to their education. in China today than in a managing partner paternity, and, recently, “Our students do professor jane M. spinak any point in Chinese in the Kenyan law several participants a tremendous job,” history,” Liebman said. firm of Mohammed The rest of the panel Muigai Advocates, conducted training Spinak said. “It is good In other clinic news, largely agreed, but the where he specializes in sessions to enhance for them to realize that the Prisoners and Fam- participants also stated commercial litigation financial literacy among being both a problem ilies Clinic led by Pro- that much needs to be done in order to and arbitration, as well youths. In addition, solver and a counselor fessor Philip M. Genty as in constitutional further enhance press and administrative law. clinic fellow Zac Soto ’10 to the client are really celebrates 15 years of freedoms in China. Since 2008, Muigai has has built on the work important legal skills.” advocacy in 2011. • Liebman also worked in the Office recently spoke at a of the United Nations panel discussion held High Commissioner Students Help Draft Law Benefitting by the Asia Society in for Human Rights as Same-Sex Couples New York that analyzed the special rapporteur the changing media on contemporary Thanks largely to students in the Pennsylvania Diversity Network landscape in China. • forms of racism, Professor Suzanne B. Goldberg’s and Allentown officials. racial discrimination, Sexuality and Gender Law Clinic, city The law, which was unanimously xenophobia, and employees in Allentown, Penn., can approved by Allentown’s City Council related intolerance. • now share employment benefits with and then formalized by Mayor Ed same-sex domestic partners. Larra Pawlowski in January, applies to view more Morris ’11, Jennifer Simcovitch ’11, the city’s 1,000 employees and Watch a video of the and Swathi Sukumar ’10 started ensures that same-sex partners panel discussion on media in China. drafting a new ordinance for the have access to health care, among law.columbia.edu/ town last spring, at the request of other benefits. • mag/china-panel

12 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 news & events

professor arthur W. murphy Professor Arthur Murphy ’48

Professor John c. coffee jr., judge jed s. rakoff, and theodore v. wells jr. Retires from Teaching

This past December, Seminar Offers Arthur W. Murphy ’48, the Joseph Solomon Professor Emeritus Inside Look at in Wills, Trusts, and Estates, taught his final class at Columbia Law School before Major Corporate officially retiring from academia. Murphy has been a member of the Cases Law School faculty since 1963 and has In a recent meeting of his Corporations in Court taught Legal Method, seminar, Professor John C. Coffee Jr. welcomed Trusts and Estates, several attorneys, as well as a district court judge, to discuss their work on a multibillion-dollar Administrative Law, lawsuit involving Terra Firma Capital Partners Ltd. and Torts throughout and Citigroup Inc. his tenure. Murphy authored a legal The class’ guests included: Judge Jed S. Rakoff of the U.S. District method casebook, among other noted Court for the Southern District of New York; Christopher Duffy, a publications. He also partner in the New York City office of Boies, Schiller & Flexner who devoted a good deal represented Terra Firma in the case; and Theodore V. Wells Jr. and Professor Murphy of intellectual energy Jay Cohen, partners in the New York City office of Paul, Weiss, served on the to the intersection of Rifkind, Wharton & Garrison, who represented Citigroup. faculty for science and the law. Terra Firma Chairman Guy Hands initially brought the suit, At various points in his career, Murphy served alleging that Citigroup had tricked him into inflating his bid to on the Atomic Safety acquire EMI Group Ltd. in 2007. The jury in the case ultimately 48 and Licensing Board years rejected that claim and decided in favor of Citigroup. • of the Atomic Energy Commission, the New York State Atomic and Space Development Law School Hosts Leading Authority, and the Presidential Tax Scholars and Economists Commission on Catastrophic Nuclear This June, Columbia Law School hosted a small and economic taxation. Dean David M. Schizer Accidents, among gathering of leading tax professors and public was among the participants, many of whom other committees finance economists. Organized by Professor Alex traveled from around the country to attend. and organizations. • Raskolnikov, the invitation-only event served as The two-day event included scholars a workshop-type environment for fewer than from Harvard Business School, Yale, Boston 20 leading scholars, each of whom presented a University, Northwestern, and the University of working paper on an issue related to tax policy California, Irvine, among others. •

“The Republican proposal to effectively privatize Medicare jeopardizes health security for all of us and rests on the faulty assumption that the health market works like any other market. Nothing could be further from the case.” —Professor Abbe R. Gluck

LAW.COLUMBIA.EDU/MAGAZINE 13 SeeColumbia Law School students excel outside the classroomAlso: BY MARY JOHNSON & JOY Y. WANG Surya Binoy Opportunities Abound

When Surya Binoy ’11 LL.M. contemplate a career outside graduated from the National the classroom. At the Law Law University, Jodphur, in School, Binoy joined the 2009, she had decided to staff of the Columbia Journal pursue a career in academia. of Transnational Law and Then she landed a clerkship completed a comprehensive with the Supreme Court of student note. Faculty India—the first of several members with wide-ranging opportunities that would careers inspired her, and prompt her to change her New York City exposed her plans dramatically. to a plethora of international As a law clerk, Binoy organizations and law firms helped draft opinions performing cutting-edge that would affect not only legal work. the lives of those directly Although she may still involved in the cases, but teach one day, Binoy Indian society as a whole. is currently exploring a The experience, she says, number of different career was formative. options, including trade “[The justice] would litigation and policy work. pose a question to me and “After coming to the Law say, ‘You find the answer,’” School, I realized there are recalls Binoy, who is the many more opportunities,” first recipient of the Jagdish she notes. “Perhaps I can Bhagwati Fellowship, a Law have a more direct impact School scholarship funded on people’s lives.” by the Indian government. “I felt strengthened by the confidence he gave me.” It wasn’t until Binoy arrived in Morningside Heights this past fall that she began to seriously

14 COLUMBIA LAW SCHOOL MAGAZINe Summer 2011 PHOTOGRAPHED BY DAVID YELLEN Mitchell Hendy taking the lead

Mitchell Hendy ’11 says he felt at home at Columbia Law School before he even started attending classes. Hendy, an Ohio native and recent co-president of Columbia’s OutLaws chapter, remembers his first visit to the Law School as an admitted student. The warm welcome made a lasting impression, influencing his decision to undertake various mentoring roles while studying law. Early on, Hendy volun- teered to serve as a Law School student ambassa- dor. This past semester, he worked as Professor Robert E. Scott’s teaching assistant, helping first-year law students understand complicated contract law issues. “I loved interacting with students every week because they asked questions that inevitably stumped me,” says Hendy, who also regularly devoted numerous hours to his responsibilities as a managing editor of the Columbia Law Review. In addition, Hendy’s leadership role with OutLaws, a Law School LGBT student association, allowed him to work on behalf of a cause he cares deeply about. Hendy, along with the organization’s dedicated members, planned this past year’s Out in the Workplace dinner, which brought together Law School students with openly gay and lesbian practicing lawyers. “It was an effort to help young professionals feel comfort- able maintaining an important aspect of their identity in a traditional work environment,” he explains. Hendy’s experience both in the classroom and beyond will serve him well this year when he begins a clerkship with 2nd Circuit Court of Appeals Judge Amalya Kearse. Eventually, Hendy hopes to return to legal academia. “Teaching really forces you to engage with the material,” he says. “There’s nothing like it.”

LAW.COLUMBIA.EDU/MAGAZINE 15 Elizabeth Broomfield LEGAL ENGINEER

As an electrical engineering major in college, Elizabeth Broomfield ’11 studied nano- technology and space policy. Three years and countless hours of study later, Broom- field is drafting a master’s thesis on capital control regulation to complete the Law School’s J.D./LL.M. program. While molecular manipulation and monetary policy may seem widely disparate, the Long Island native notes that both subjects require an ana- lytical perspective and attention to detail. “I’ve always wanted to understand how things work; that’s my engineer’s mind,” says Broom- field, who spent her third year of Law School studying overseas as part of the J.D./ LL.M. London Program at the London School of Economics. “When it comes to finance law, even when a little thing changes, billions of dollars are at stake. A single word can make a huge difference.” During her two years of legal study in Morningside Heights, Broomfield served as president of the Columbia Business and Law Associa- tion. Under her leadership, the association hosted an array of influential speakers, including the White House’s former special master for compensation, Kenneth Fein- berg, and Goldman Sachs Executive Vice President Esta Stecher ’82—towering figures who regularly define the borders of business law and finance. “This is a really interesting time to be studying these issues,” Broomfield says. “So much is changing.” Broomfield, a James Kent Scholar, divided her time abroad between classes, traveling, and work as a part-time law clerk at Cleary Gottlieb Steen & Hamilton’s London office. She previously assisted on investment and financial regulation projects for the firm as a summer associate and will begin working full time in Cleary’s New York City office this fall.

16 COLUMBIA LAW SCHOOL MAGAZINe Summer 2011 Christodoulos Kaoutzanis Change Agent

For 10 hot, humid weeks after of Lefkosia, Cyprus, and a his first year at Columbia Law former Cypriot Navy Seal, School, Christodoulos Kaou- he served as a staff editor tzanis ’11 immersed himself in for the Columbia Journal the confidential investigation of Transnational Law and of Case 002 in Cambodia. His the Columbia Journal of research—which Kaoutzanis European Law. He is also has since been authorized pursuing a joint LL.M. to discuss—focused on a degree from the University criminal suit brought by the of Amsterdam Law School U.N.–sanctioned Extraordi- through the J.D./LL.M. nary Chambers at the Courts Program in International of Cambodia (ECCC) against Criminal Law. former Khmer Rouge leaders. Kaoutzanis, who begins As an ECCC intern, a Ph.D. program in politi- Kaoutzanis read through cal theory at Columbia stacks of victim petitions University’s Department of that accused the country’s Political Science next year, onetime rulers of commit- hopes to one day work ting horrific crimes. The for the institutions he has work was heart-wrenching, studied. “I know it sounds but Kaoutzanis believed trite,” he says, “but I want that the process of seek- to effect change.” ing justice, even decades after the alleged atrocities occurred, was vitally important. Ultimately, the team he worked for determined that roughly 2,000 victims could join Case 002. “I saw how international institutions can affect the lives of victims who just want some sort of closure,” he recalls. Since completing his internship, Kaoutzanis has continued to study the work of organizations like the United Nations. A native

LAW.COLUMBIA.EDU/MAGAZINE 17 setting the bar Columbia Law School Innovations

Global Impact a new law school center led by professor katharina pistor focuses on areas where governance and globalization overlap

By peter kiefer in 1988, when the first cracks markets to function more autono- in the communist regime’s facade mously, a whole host of non-state were becoming apparent, Katharina organizations—from the Institute Pistor was just starting out in aca- for International Finance to private demia, and the downfall of that socio- arbiters and non-governmental political order became a focal point organizations—began to assume for her research and scholarship. a greater role in world affairs. The Now, more than 20 years later, as the center, under Pistor’s leadership, Michael I. Sovern Professor of Law will stake its claim in this area at Columbia Law School, the trans- where the functions of the nation formation of another socio-political state meet the activities of private order is consuming Pistor’s work: stakeholder organizations. western market economies. The CGLT plans to harness the Last year, Pistor received grant energies of interdisciplinary experts clearance for the creation of the and scholars—from sociologists to Center on Global Legal Transformation (CGLT), which examines historians to economists and practicing lawyers—and organize the transformative effects of globalization on law and legal systems. colloquia, conferences, and workshops. It is launching collaborative But when Pistor speaks about this new endeavor—which, she research projects and sponsoring post-doctorate fellows special- fully admits, does not lend itself to a 20-second elevator pitch—it izing in the field. Three substantive issues Pistor is focusing on are immediately becomes clear that the center’s mission is greater than the relation between finance and law, globalizing property rights, simply to analyze globalization. What Pistor and the CGLT will do and governing interdependencies. is map the contours of our increasingly connected global landscape “The institution of private property has become a universal form and lay the framework for a global dialogue on how best to exist in of social ordering—whether for discoveries and inventions, the terms this new world order where the concepts of the sovereign nation on which foreign investments operate in different countries, or the state are becoming more and more blurred. protection of the environment through privately held carbon emission “In an increasingly interdependent world with a lot of gover- rights,” Pistor says. “What does this particular mode of thinking and nance being delegated and taken up by non-state actors, how we mode of practice really mean for resolving some of these big issues?” order social economics has changed a lot,” says Pistor, surrounded One might think that an expert in both the capitulation of com- by stacks of books and manuscripts in her office. “It is not the munism and the current existential crisis afflicting capitalism classic Westphalian state system anymore. Just as in the time before would be somewhat jaded about the long-term state of human the nation states, we have either explicitly delegated or allowed affairs. Not Pistor. For now, she remains agnostic on the moral and particular legal orders to emerge. This is about understanding ethical implications of globalization. emergent order from overlapping legal regimes.” “I’m not saying it is good or bad,” Pistor notes. “But we have to The global financial crisis was the primary spark behind the think about what it means for global legal ordering.” center’s creation, but the initial spurs date back to the 1980s, when the Reagan and Thatcher revolutions ushered in an era of deregu- peter kiefer is a New York–based journalist who has written for lation. As the traditional Western nation states retreated to allow the Rome bureau of The New York Times.

18 COLUMBIA LAW SCHOOL MAGAZINe s ummer 2011 illustration by imagezoo illustration faculty focus constitutional theory

A Close Reading professor jamal greene takes a measured approach to examining public opinion of the constitution

By joy y. wang earlier this year, when lawmakers chose to read the Con- [Supreme Court justice] confirmation process invites the public stitution out loud for the first time in Congress, Professor Jamal into the conversation about judicial philosophy and leads to more Greene applauded the action. But he also took to the editorial page populist understandings of originalism.” of the New York Daily News to explain why such an apparently Greene anticipates spending the next few months examining simple practice may not have been all that it seemed. why originalist thinking seems to conflict with African-American “Many Tea Partiers hope that reading the Constitution will make identity. As with many of the thorny topics he takes on, the answer clear that the framers shared their vision of limited government, is neither simple nor one-dimensional. “A lot of people think robust gun rights and purple mountains dotted with miniature the reason African-Americans might distance themselves from American flags,” Greene wrote. “They will be disappointed. It’s not originalist thinking is because they were not represented by the that the framers would not have shared the policy views of the Tea Constitution [in its original form],” Greene says. “But that’s not a Party. Some probably would have, others not. It’s more that the satisfying answer. The problem of representation is a problem we Constitution doesn’t tell us one way or the other.” all have.” He goes on to note that modern Americans are no longer Greene’s measured the same people the framers of the Constitution sought to represent perspective is grounded hundreds of years ago. in constitutional theory, Greene’s levelheaded explanations seem uninfluenced by the fact which he has taught at that originalism is an unpopular concept with some in the legal Columbia Law School academy. He notes that many professors “believe the meaning of the since 2008. For Greene, Constitution does and should change,” but Greene is not interested studying the Constitu- in taking sides on the issue. He describes originalism as “elegant,” tion is not merely an much in the way a genetic scientist might describe a strand of DNA exercise in legal schol- as beautiful. Greene carefully explains that his scholarship is “nei- arship, as his work also ther opposed [to] nor in favor” of originalism. Instead, he is more draws from sociology interested in studying why so many Americans support the concept. and political science. Greene’s ability to approach a topic from numerous angles while He uses a combination maintaining a balanced perspective can be traced back to his pre- of the three fields in his vious career as a reporter for Sports Illustrated. He welcomed the ongoing analysis of originalism—the theory that the Constitution chance to join the legal academy, in part, so that he could write exten- should be interpreted strictly according to the original understand- sively about topics with substantial and lasting meaning. “I wanted to ings of the founding fathers. be able to spend time thinking about something that I cared about,” “Originalism is a product of social and political movements,” he says. “I really liked that I could say what I wanted to without space explains Greene. “Americans really valorize our framers, whereas constraints. When you come from journalism, it was liberating to go most countries repudiate the people who made laws in 1787. Our to a field where the norm is[ to write] 30,000 words.” Greene is not interested in taking sides on originalism. He describes the concept as “elegant,” much in the way a genetic scientist might describe a strand of DNA as beautiful.

illustration by Zack Blanton LAW.COLUMBIA.EDU/MAGAZINE 19 profiles in scholarship suzanne B. goldberg

Liberty and Justice professor suzanne b. goldberg has a long history of facing up to discrimination and driving for change

by joy y. wang

As a 9-year-old, Professor Suzanne B. Goldberg After returning to the United States, Goldberg desperately wanted to play Little League base- earned her law degree with honors at Harvard ball in her hometown of White Plains, N.Y. and clerked for Justice Marie Garibaldi ’59 at Teams in the area only accepted boys at the time, the New Jersey Supreme Court. She spent the but that didn’t stop the intrepid fourth grader next decade as a senior attorney with Lambda from signing up. “I didn’t have to litigate, which Legal Defense and Education Fund. “I always a lot of girls did in the 1970s,” says Goldberg, wanted to use law as a means for achieving who became the first girl to play on a White social justice,” Goldberg says. Plains Little League team, “but it was a forma- During her time at Lambda, Goldberg served tive experience and fostered independence.” She as co-counsel on two landmark U.S. Supreme also adds with a wide grin that “being a decent Court cases: Romer v. Evans, which invali- baseball player” probably helped her secure a dated a Colorado constitutional amendment spot on the team. that blocked LGBT individuals from receiving In the years since playing center field in West- anti-discrimination protection, and Lawrence v. chester, Goldberg has crafted a career as one of Texas, which struck down that state’s anti-sod- the country’s leading experts in gender and sexuality law. The LeGaL omy law. Soon after, Goldberg chose to turn to academia. “After 10 Foundation, a lesbian, gay, bisexual, and transgender law organization years of full-time practice, I wanted an opportunity to step back and in greater New York, recently honored her with a Community Vision reflect more deeply and critically on a broader set of issues,” she says. award in recognition of her service to the LGBT community. “I am inter- As part of the Law School faculty, Goldberg has honed her skills ested in barriers to equality based on many aspects of identity, includ- as an instructor, and she earned the Willis L.M. Reese Prize for ing the barriers that prevent sexual orientation from being treated as a Excellence in Teaching in 2009. “That meant a lot to me,” she benign variation among people,” says Goldberg. She joined the faculty recalls. “I really love engaging with students about their ideas and in 2006 and currently serves as a director of the Law School’s Center giving them a chance to get their sea legs as lawyers-to-be.” for Gender and Sexuality Law and as head of its Sexuality “I always wanted to use law as a means for achieving and Gender Law Clinic. Goldberg’s office in Jerome social justice.” — Professor Suzanne b. Goldberg Greene Hall is less than 30 miles from her childhood home, but the path that led her to Morning- In between teaching classes and leading the Law School’s Sexuality side Heights has taken her around the world. After graduating with and Gender Law Clinic, Goldberg has amassed an impressive body honors from Brown University, she was awarded a Fulbright fellowship of work addressing inequities in the law. Earlier this year, The Yale to study at the National University of Singapore. While abroad, Gold- Law Journal published her article “Discrimination by Comparison.” berg authored a major paper on how Singapore’s affirmative action pol- “My aim is to find new ways to challenge and undermine dis- icy—which sought to integrate more women into the workforce—con- crimination,” says Goldberg, who often writes late into the night, flicted with the government’s failure to provide childcare options. She after her two children are asleep. “One other aim—perhaps even also rowed for the university’s dragon boat team and, on a lark, learned harder to achieve—is to find more than 24 hours in the day to write to throw the javelin, winning a silver medal in a regional competition. about it all.”

20 COLUMBIA LAW SCHOOL MAGAZINe s ummer 2011 illustration by stephen gardner Leave a Living Legacy Consider a planned gift to Columbia Law School

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To see how your goals can be met with our planned giving strategies, including trusts, annuities, and bequests, please contact Carly McKeeman at 212-854-2680, or email [email protected]. Will Professor Eben Moglen’s Freedom Box Revolutionize the Way We Use the Internet? the GAME

CHANGERby Farhad Manjoo

rofessor Eben Moglen between you and the Internet. From there, have embraced Facebook, Google, Twitter, makesP speeches. He gives talks every few it safeguards your privacy against online and other systems that seek to profit by weeks, across the globe, to critics and the monitoring, helps you reach past censor- monitoring and cataloging our actions in like-minded, in large groups and small. ship on the Web, replaces Facebook and centralized servers far beyond our grasp. Moglen, who serves as director of the Soft- other social-networking services with alter- “You now live in a network which surveils ware Freedom Law Center, does many natives that give you more control over your you more deeply; which knows more about other things, too—he organizes legal and personal information, and securely backs you; and which renders the knowledge about financial support for programmers; he up your data, among other functions. With you more dangerously accessible to those creates community groups to advance the Moglen’s prodding, a group of program- who wish to modify your behavior than any rights of free software projects—but if you mers are aiming to mass produce Free- one of the 20th-century political systems we ask people in tech-legal circles what stands dom Boxes within the next couple of years. refer to as totalitarian,” he said at the Open out most about Moglen, it is the speeches Moglen calls the device the culmination of World Forum in Paris last fall. everyone cites. And if you ask them to name everything he has been working on since Moglen concedes that these systems have one speech in particular, they will point to the 1980s. “Our plan,” he says, “is to make been beneficial; over the past few months, the talk he gave to the Internet Society in freedom, share freedom, put freedom inside many of the services he demonizes have February of 2010. There, Moglen intro- everything. Then we turn freedom on.” propelled revolutions in Tunisia, Egypt, duced the world to an idea he had been The world needs the Freedom Box, Libya, Bahrain, and across the Arab world. mulling over for some time. He calls it the Moglen says, because the Internet has gone But Moglen considers these benefits as Freedom Box. In its most basic incarnation, rogue. More specifically, he notes that hun- temporary. Over the long term, the power the Freedom Box is a tiny computer that sits dreds of millions of people around the world that Internet giants have accumulated will

freedom box photographed on its side (left page) and from front (above) by peter freed LAW.COLUMBIA.EDU/MAGAZINE 23 corrupt, he says. “We need to fix this,” he cally or technically feasible to try to catch up said in Brussels in February. “The more we with us,” he says of the free software move- don’t fix this, the more we are becoming The Freedom Box ment) that it is hard not to get the sense that part of a system which will bring about a he is underestimating the difficulty of the tragedy soon.” Moglen described the prob- is a tiny computer that task ahead. To appreciate the enormity of his lem more starkly last year, when discussing sits between you and the project, it helps to understand how most of Mark Zuckerberg, the wunderkind founder the major services on the Web actually work. of Facebook, during his acclaimed 2010 Internet. It safeguards In geek-speak, Facebook, Gmail, Twitter, and Internet Society speech: “Mr. Zuckerberg your privacy against other sites use a “client-server” model. You has attained an unenviable record,” he said. are the client, and Facebook is the server. “He has done more harm to the human race online monitoring, helps The server keeps all the data—Facebook’s than anybody else his age.” you reach past censorship “cloud” of thousands of computers spread For more than two decades, Moglen has around the planet store terabytes of informa- been one of the leading thinkers in the free on the Web, replaces tion that you and your friends have entered. software movement—a band of program- Facebook and other When you update your status, your computer mers and legal theorists who argue that the sends a message to Facebook’s servers; when laws governing what we can do with our com- social-networking services your friends check Facebook, the company’s puters actually restrict many more far-rang- with alternatives that servers send them your new status. ing freedoms. During the 1990s, according There is an obvious advantage to this to Moglen, that movement’s main rival was give you more control system: You do not have to worry about Microsoft, a company whose enormous for- over your personal maintaining the data yourself. If your com- tune was built by installing its code—mainly puter crashes, or if you are away from your Windows and Office—on nearly every PC in information, and securely computer, everything you have entered the world. At one point, Microsoft looked backs up your data. into Facebook will still be accessible to you unbeatable, but around the turn of the cen- from any other machine connected to the tury, its star suddenly dimmed. The Internet Internet. But there are obvious disadvan- had replaced the PC as the central technol- tages, too. You are giving up control of your ogy of our lives—and the Internet, unlike the data to Facebook, and the company is free PC, was powered by free software. Many of But Moglen stresses that this is just one of to change the terms with which it handles the world’s servers, databases, browsers, and many hardware configurations; the Free- your information anytime it wants. mobile operating systems are based on open- dom Box’s main ingredient is software, Moglen’s Freedom Box would guarantee source code. Free software has also helped not hardware, and the code inside it will freedom, he says, by upending the client- launch a new breed of tech giants; Facebook find its way into many different devices. server model. Rather than storing your data and Google nominally embrace the free soft- In the U.S. and other western countries, in the cloud, the Freedom Box would store ware movement’s tenets and build many of Freedom Boxes could sell as prepackaged your data locally—encrypted on your own their systems on open-source code. goods—you’ll buy one for $30 or so, plug it Box, and those of other people you trust. You would suspect, then, that Moglen in, and instantly remake your relationship Technically, it is more complex to build Web and others in the free software movement with the Internet and the companies that services that store data locally rather than might be feeling a sense of relief over their dominate it. In repressive regimes, Moglen centrally, but it is not impossible. Many apparent victory. But to Moglen, fending imagines people passing around Freedom parts of the Internet are already based on off Microsoft was the easy part. Now comes Box software to squirrel into all kinds of this kind of peer-to-peer architecture, and something more difficult: freeing the world devices—cable TV boxes, netbook PCs, and there is no reason why social-network- from the centralized networks that are other small computers. Installing the soft- ing can’t be, too, Moglen says. (Indeed, capturing the Internet. “Everybody’s talk- ware would surreptitiously “build freedom” Moglen’s 2010 speech at the Internet ing about Internet freedom,” Moglen says. into their machines, Moglen says. In some Society inspired four college students to “We’re doing it.” versions, home brew Freedom Boxes could build just such a thing; an early version of In February, Moglen created the Free- wirelessly “mesh” together, allowing people their decentralized social-network, called dom Box Foundation, a nonprofit group to communicate with one another even after DIASPORA*, was released in September.) that will coordinate the development of authorities have shut down the Internet. Moglen sees this as the first of many decen- the gadget he hopes will rebuild the Inter- If this sounds a bit dreamy, even far- tralized services that the Freedom Box will net. In early prototypes, the box looks like fetched, it should. Moglen has conscripted make possible—and which, in time, will a small cell-phone an army of open- rid us of the scourge of centralized data. “If charger, a little source developers anybody wants to know what’s happening unit that plugs to build the Free- in your server, they can get a search war- into the wall and view more dom Box, but he rant,” he told a crowd in New York last year. disappears among Watch a video of Professor Moglen’s speaks with such But the biggest hurdles Moglen’s idea all the other elec- 2010 Internet Society speech. world-changing faces aren’t technical—they are social. law.columbia.edu/mag/ tronic doodads lit- internet-society-video confidence (“It is When he first unveiled the concept of the tering your house. no longer economi- Freedom Box last year, Facebook had 400

24 COLUMBIA LAW SCHOOL MAGAZINe Summer 2011 “Everybody’s talking about Internet freedom. We’re doing it.” —Professor Eben Moglen

million active users around the world. Now biggest tech companies—Google, Apple, hope that others can join and help refine his it has more than 500 million. And although and Yahoo, for starters—have failed to build effort to make for a freer ecosystem, espe- Facebook has received withering criticism compelling social sites to take on Facebook, cially in light of recent events in the Middle for the way it handles people’s private data, so it may be expecting too much to suggest East, where control over the Internet was few people quit the site. In fact, every day, a open-source developers can do better. not just a theoretical debate.” few hundred thousand more sign up. So it Another problem might be the techni- And Moglen himself is not lacking in con- appears that the things Moglen fears about cal and legal barriers that companies and fidence. He gives Facebook 10 years to live, Facebook—its centralization, its susceptibil- governments place in front of the Freedom at most: “The basic secret of 21st-century ity to government Box. What if the activity is disintermediation,” Moglen says. control, the way it Chinese govern- “Facebook is an unnecessary intermediary. It automates “spy- ment forces all will go away the same way that travel agen- ing”—may not mat- manufacturers of cies and The New York Times will go away.” ter enough to most web exclusive set-top boxes to Within 18 months—in a best-case sce- Learn more about the people to outweigh Freedom Box Foundation and the make their devices nario, 12 months—the first Freedom Boxes the fun and conve- Software Freedom Law Center. inhospitable to will be ready for purchase, Moglen predicts. law.columbia.edu/mag/ nience of the site. freedom-box Freedom Box And with that, the world changes. “If we Developers work- software? Or what make it, it will make freedom, and people ing on the Freedom Box say they are aiming if more gadget companies take a page from will use it,” he says. “It will move faster, go for simplicity. “We’re trying to make it so Apple, which has locked down its iPhones farther, and do more than anything that that ordinary people can grab these things and iPads against software that it has not competes with it on a capitalist basis.” As in large numbers and go use them,” says vetted? Free software hackers are quite for Moglen’s role in the process, he prefers Thomas Lord, a Freedom Box volunteer skilled at getting around such strictures, but to deflect credit, labeling himself merely a in Berkeley, Calif. Certainly free software can they make it easy enough for the dispos- “spark plug” for the Freedom Box project: “I has experienced its successes with non- sessed hordes of the world to do so, too? am the guy who gives some speeches, raises geeks. (The open-source browser Firefox, If anyone can realize this dream, the some money, and watches a community do for instance, has proved adept at convinc- Freedom Box’s supporters say, it is Moglen. a wonderful thing for the world.” ing people to ditch Microsoft’s Internet “Eben’s a truly visionary person,” says Jona- Explorer.) But building social networks that than Zittrain, the co-founder of Harvard’s Farhad Manjoo is the technology colum- catch on is not easy. Some of the world’s Berkman Center for Internet & Society. “I nist for Slate and Fast Company.

P hotographed by richard perry LAW.COLUMBIA.EDU/MAGAZINE 25 As in-house counsels to Warner Music Group, the Jacksonville Jaguars, Habitat for Humanity International, and Campbell Soup, Columbia Law School graduates are adjusting to modern challenges while shepherding corporate legacies into the 21st century

Elizabeth Blake ’77 travels the globe visiting building sites as general counsel at Habitat for Humanity International. BuildingBy Lila Byock Up

PPhhotogotogrraaphpheded by by A dandyvid F yellenreeberg At Warner Music Group, Tucker McCrady ’01 grapples with music piracy issues and works to protect the company’s interests in the digital era.

n 1999, not long after Tucker McCrady ’01 with piracy has become the background to absolutely abandoned a thriving acting career to enroll everything we do.” at Columbia Law School, an Internet ser- McCrady’s situation is emblematic of the larger vice called Napster debuted. By the time changes facing corporate counsels in the 21st cen- McCrady graduated, Napster was already tury. In-house lawyers are the first line of defense facing its demise. But during its brief life, for every kind of legal problem their organizations the peer-to-peer file-sharing company encounter, and the explosion in intellectual prop- sparked a global revolution in the music erty issues, coupled with staggering technological industry. Back then, McCrady paid little advancements and increasing globalization, make attention to things like MP3s and illegal their jobs both more challenging and more essential Isong downloading. (As a freshly minted litigation than ever. “The extent to which lawyers are required associate, he did not have time.) But since 2006, going forward,” McCrady says, “can only increase.” when he joined Warner Music Group as an in-house In olden times (also known as the 1990s), when counsel, he has spent more time a company like Warner sent a thinking about those issues than batch of CDs to a record store, the all but a handful of individuals on store would sell a certain quantity the planet. “Piracy,” he says, “has a view more and return the rest. The business major and debilitating impact on Browse a slideshow of was transacted more or less on a our industry.” For McCrady and his more photos. handshake. “There weren’t really law.columbia.edu/mag/ legal colleagues, “trying to compete inhouse-gallery intensive legal contracts,” McCrady

28 COLUMBIA LAW SCHOOL MAGAZINe Summe r 2011 Photographed by Peter freed notes. Not so in the digital era. of professional football teams maintained general Now, he says, any company that counsels on staff. Eighteen years later, many teams— wants to distribute Warner’s including the Jaguars—have two. And to a very large music online through stream- extent, Vance says, “that is due to the complications of ing or download services needs protecting and maximizing intellectual property.” to receive a perfect copy of Vance grew up as an athlete and a sports fan in everything the company pro- upstate New York. His hometown had a minor duces. That changes everything. league baseball team, and he remembers the hand- “When you’re handing some- scrawled signs local shop owners used to hang in one the keys to the lifeblood of their windows on game days to attract fans. Indeed, your company on a couple of as recently as 20 years ago, selling ads in a game- hard drives,” he says, “the agree- day program may have constituted the majority of ments and the arrangements a professional sports team’s sponsorship activities. that you need to have in place are Today’s teams maintain dozens, if not hundreds, of a lot more extensive. In a way, it’s created a position; it’s not just that there were physical record In-house lawyers are the first line of defense for every attorneys and now there are digi- kind of legal problem their organizations encounter, tal record attorneys—there were no contracts before, and now and the explosion in intellectual property issues, there have to be.” coupled with staggering technological advancements Working in the music busi- and increasing globalization, make their jobs both more ness might seem glamorous, and McCrady does enjoy perks challenging and more essential than ever. like in-house performances by breaking artists. But he insists that the real thrill of the job is in “identifying a potential light at the end of the tunnel for the music industry,” and then sponsors, and it is not uncommon to see numerous figuring out how, from a tech- different corporate logos adorning the practice facil- nological and legal standpoint, ity, the stadium, and the entry gate. “Keeping track to switch it on. “People come of rights granted so that we do not grant rights that into our offices every week with are too broad or that overlap is the job of the general ideas about what’s going to get counsel,” Vance says. consumers excited about paying After graduation, Vance spent more than 20 years for music again,” McCrady says. at Cummings & Lockwood in Stamford, Conn. “In “In some ways, my whole job private practice,” Vance says, “you tend to work in the last few years has been in a relatively narrow area of the law, whether it’s trying to support businesses that have ideas about litigation or corporate or tax. When you become a how to create new offerings that people will really like, general counsel, especially in a smaller organization and that will hopefully get us on a path to growth.” like this one: The guy that was sitting in the litigation Having spent five years working exclusively on digi- seat, the guy that was sitting in the corporate seat, tal legal affairs, McCrady was recently promoted to and the guy that was sitting in the tax seat—that’s all head Warner’s litigation department. Litigation, of one guy.” Within weeks of joining the Jaguars, Vance course, is one weapon in the anti-piracy arsenal, but, was negotiating sponsorship deals and employment as McCrady readily acknowledges, “it’s not going to contracts, wading through Florida health care laws, be the [answer] by itself that solves things for us.” In drafting a stadium construction contract, and bat- other words, there needs to be a carrot on the end of tling a major trademark infringement suit brought the stick, and as technology and consumer behavior by Jaguar Cars. He did not have much experience evolve, the music industry will be striving to keep pace. in any of these areas, he says, but a general counsel needs to be, by definition, a generalist. In Vance’s Paul Vance ’73 is more concerned with Raiders than words, “It’s where the legal buck stops.” pirates. Vance is the general counsel of the Jackson- During his first eight years with the Jaguars, his ville Jaguars. He began working for the team when it involvement with the actual game of football was was just a twinkle in the eye of wealthy shoe magnate limited to ensuring compliance with NFL regula- Wayne Weaver, who enlisted Vance’s help in present- tions, but in 2001 Vance added a new title to his ing a winning bid to be part of the NFL’s expansion in résumé: senior vice president of football operations. 1993. At that time, according to Vance, only a fraction He is now in charge of the team’s salary cap strategy, as

LAW.COLUMBIA.EDU/MAGAZINE 29 During his 18 years with the NFL’s Jacksonville Jaguars, Paul Vance ’73 has witnessed a massive increase in intellectual property work and sponsorship-related matters.

well as negotiations with players and their agents. In a in 50 states and more than 80 countries, and takes typical week, he might pivot from drafting a naming- in $1.3 billion a year. Blake says that her experience rights deal to meeting with a free agent in an attempt to in the global marketplace was ideal preparation for convince the player to join the team and raise his family her current position. “The fact that it’s a nonprofit in Jacksonville. In other words: His work is no longer doesn’t change much of the legal work,” Blake says. simply business. “You’re dealing with people’s lives,” “We try to run as fine an organization from a compli- Vance says. “The human side of it is very important.” ance perspective as when I was at General Electric.” Blake attributes the organization’s success to the fact For Elizabeth Blake ’77, the human side is everything. In that it is a “hand up” for those attempting to lift them- 2006, after running legal departments at two of Amer- selves out of poverty, as opposed to a handout. Habitat ica’s largest corporations, General Electric and US Air- is now the number-one private home builder in the U.S., ways (which she led through a Chapter 11 bankruptcy), with a very low single-digit mortgage default rate and a Blake became general counsel of one of America’s larg- brand valuation that rivals Starbucks. “It’s an incredible est philanthropies: Habitat for Humanity International. blessing to have a brand that strong,” says Blake. “How- “Habitat attracts people who are willing to take enor- ever, like anybody else, you have to protect your brand.” mous pay cuts and to work exceedingly hard,” Blake says. Habitat has come a long way since its grassroots “They do so because they have passion for the mission.” days, when the relationship between the organiza- That mission—the construction of affordable tion’s headquarters and its affiliates could be as infor- housing for and with families in need—is pursued mal as that between a record company and a record store. When Blake took over as general counsel, one of her first pri- As general counsel with Habitat for Humanity International, orities was to negotiate a standard Elizabeth Blake ’77 must be an expert in international law, license agreement to govern the use partnership arrangements, real estate development, of the Habitat trademark by its more than 1,500 U.S. partners. “Someone ethics and compliance, and a host of other fields. very aptly described it as trying to put a pre-nuptial agreement in place 20 years into a marriage,” she notes. It was a laborious, two-year process,

30 COLUMBIA LAW SCHOOL MAGAZINe Summe r 2011 Photographed by Ryan Ketterman but Blake says the provisions she helped install “allow quickly. “It was just a question of what kind of a recall us to work together more effectively.” we were going to execute, how quickly we were going Blake spends much of her time on the road, getting a to execute it, and what was the most effective and first-hand look at building sites and occasionally swing- appropriate way of communicating that to our con- ing a hammer herself. In the past year alone, she has sumers.” Taking advantage of the speed of the 21st visited Egypt, Costa Rica, Mexico, and Haiti. One of century news cycle, the recall was announced within the projects she is most excited about is the construc- hours of the time the decision was made. “We took tion of a mixed-use, mixed-income development just that step in order to protect our consumers, and that’s outside of Port-au-Prince, where Habitat’s role includes something we’re all very proud of,” Armstrong says. work on land rights for poor families resettled following the 2010 earthquake. Habitat has been active in Haiti for nearly 30 years. However, there is no reli- able legal registration system in place to support land titles and transfers. To make matters worse, many of the records that did exist were destroyed when government buildings collapsed in the earthquake. “We’re going back to the very basics,” she notes. The Port-au- Prince development is a project, Blake says, that incor- porates the whole range of responsibilities she grapples with as general counsel: international law, partnership arrangements, real estate development, ethics and compliance, grant writing and fundraising, regulatory issues, and construction approvals. “It’s a pleasure and a challenge,” Blake says. “And it’s very rewarding to try to make just a teeny, tiny, little bit of difference.”

Steve Armstrong ’90 finds that one of the best ways to make a difference in people’s lives is by improving Steve Armstrong ’90 is helping Campbell Soup expand its presence in foreign the products that they use every day. Like millions of markets such as China and Russia. other Americans, Armstrong was raised on grilled cheese sandwiches and Campbell’s tomato soup. Now he serves as a guardian of that iconic American “When you’re [an in-house counsel], you don’t get brand as an in-house counsel at Campbell’s Camden, N.J., headquarters, where he works with another anything that’s filtered. It just lands on your desk and Law School graduate, Campbell’s chief legal officer you have to figure out not only what the legal Ellen Oran Kaden ’77. Armstrong specializes in food question is, but ‘what kind of problem is this?’” safety, product labeling, and crisis management. It is the culmination of a career that has included Steve Armstrong ’90 stints as a reporter and editor at the Miami Herald, a general practice associate at Townley & Updike, and in-house counsel to Colgate-Palmolive, Unilever, and Schick-Wilkinson Sword. “Right now, I’m all foods,” Armstrong says happily. That passion for the brand-consumer symbiosis is As someone with 20 years of experience in con- what got Armstrong into the business to begin with. sumer products, Armstrong is philosophical about “It’s a continuous source of fascination to me to think the role of an in-house counsel in the industry today. about the personal relationships people have with the “You’re a business lawyer, but you’re also a business products that they choose to bring into their homes,” he person,” he says. “When you’re working in a firm, you says. And it’s not only American kids who are growing receive things that have been filtered. I can promise up on Campbell’s foods anymore. Armstrong is par- you, when you’re at a business you don’t get anything ticularly invested in the company’s overseas campaigns, that’s filtered. It just lands on your desk and you have and he frequently spends his evening hours conferenc- to figure out not only what the legal question is, but ing with colleagues in Asia. “It’s very interesting to be ‘what kind of problem is this?’” part of an effort to introduce soup into a market like Last year, Armstrong was alerted by food safety China or Russia,” he says, “and to perhaps help con- and manufacturing experts within the company that sumers understand new ways of consuming and enjoy- a quantity of SpaghettiOs with Meatballs may have ing soups that might make their lives a little easier.” been under processed. Despite the fact that there had been no complaints or reports of injury or illness, Lila Byock has contributed to The New Yorker, Mother Armstrong and his crisis management team reacted Jones, and other publications.

Photographed by dave moser LAW.COLUMBIA.EDU/MAGAZINE 31 c o n n e c t i n g t h e c i rc u i t s

By uncovering and dissecting a creative new way companies use business contracts to spur commercial innovation, three Law School professors are at the leading edge of what might be the most influential contract law development in decades

b y p e t e r c oy

32 COLUMBIA LAW SCHOOL MAGAZINe Summer 2011 Anomalies fuel science. countable trove of documents initiated a quest that just might It was the odd motion of Mars reshape the way that legal scholars and judges think about across the night sky that forced commercial contracting in the 21st century. Johannes Kepler to the radical “The puzzle was that these contracts seemed to be neither fish conclusion that planets’ orbits must be elliptical, not circular. nor fowl,” says Scott, the Alfred McCormack Professor of Law, For Columbia Law School Professors Ronald J. Gilson, Charles in his seventh floor office in Jerome Greene Hall. “They were F. Sabel, and Robert E. Scott, a recent curiosity-fueling anomaly radically incomplete. There were often no commitments as to an appeared, like Chinese food at a French restaurant, in a data- end product. But, on the other hand, they were not solely what we base of commercial contracts maintained by the Securities and would call relational contracts with no legal structure. They had a Exchange Commission. Efforts to account for a seemingly unac- very formal governance structure.” ill ustration by ken orvidas LAW.COLUMBIA.EDU/MAGAZINE 33 What the Law School team had stumbled on was a new way “collaborative co-design,” including information sharing, penal- of doing business—one that judges and law professors had some- ties for breaches, and other rules to make sure neither side ripped how overlooked. The companies concocting these contracts, such off the other. as John Deere, Apple, and Bristol-Myers Squibb, were formu- In other words, while Steve Jobs may be the creative genius of lating productive new ways of dealing with each other under Apple, the company’s lawyers deserve some credit, too. conditions of uncertainty—ways that did not comport with Contracts for innovation govern processes, not outcomes. theory, legal precedent, or judges’ assumptions. The professors Typically, they specify procedures for how two companies will dubbed it “contracting for innovation,” a hybrid of formal cooperate toward developing a product or service that still can’t contracting and informal relationship building. be fully imagined, whether it’s an iPad or a Boeing 787. They Case in point: iPads may be “designed by Apple in California,” also set up an internal mechanism for resolving disputes without as noted on each shiny new model, but their display, memory lawsuits—a “referee,” to use Scott’s terminology. This framework chips, and brain come from Samsung. Apple needs the South gives both parties the confidence to make costly investments in Korean electronics giant to innovate on its behalf. Complicat- their joint project, quickly building trust and leading to innova- ing matters is the fact that Samsung makes its own tablet com- tions that otherwise might not have occurred. puter, so it is as much a rival of Apple as a partner—a “frenemy,” The effort to understand contracting for innovation, and to in Silicon Valley lingo. A standard contract dealing with specs, develop a concept for how these contracts should be treated by volumes, and prices could not possibly handle such a fraught the courts, has led the three professors on an exhilarating intel- relationship. In the course of their research, the Law School lectual journey that is not over yet. “I think all of us would count professors dissected a predecessor to the Apple-Samsung it among the highlights of our scholarly careers,” says Scott. The deal—a contract from 1996 between Apple and the outsourcing three-way collaboration “is what universities are supposed to manufacturer SCI. The key to it was a detailed procedure for be about,” adds Sabel, the Maurice T. Moore Professor of Law.

34 COLUMBIA LAW SCHOOL MAGAZINe Summer 2011 photograhed by david wentworth Gilson, the Marc and Eva Stern Professor of Law and Business, party has the right to commercialize the product under various says simply that the trio’s work hit the “sweet spot” where legal conditions. The “braiding” of formal and informal contracts into practice leaves off and legal theory kicks in. a single relationship “is something nobody contemplated,” says Professor Charles Sabel. Like small mammals scurrying between the legs of dinosaurs, Contracting for innovation does not jibe with standard law the new contracts evolved to cope with a new business environ- and economics theory, which holds that companies can either ment of speed and uncertainty. An example that Gilson, Sabel, and have formal contracts with each other, or have informal collabo- Scott cite is a 1997 collaboration and licensing agreement between rations, but cannot have both at once. The formal “crowds out” Bristol-Myers Squibb and a smaller, research-oriented company the informal, it is said. named Pharmacopeia Inc. During the early stage of the drug Theorists like to tell the true story of an Israeli day-care center companies’ work together, when uncertainty is high, the collabo- that relied on informal social pressure to get parents to pick up ration is governed by a research steering committee that reports their children on time. When the day-care center added the formal to the heads of both com- sanction of fines, lateness actually increased. Parents panies while doing its best started feeling that it was acceptable to be late, as long to promote information as they paid the fine. exchanges and eliminate But Gilson, Sabel, and Scott say that the Israeli day- misunderstandings. Later, care center experience does not prove that crowding when a product is invented out must always occur. They say formal and informal and the uncertainty is dis- measures can actually reinforce each other as long as pelled, a standard contract each governs its own sphere. “The metaphor for me is kicks in, spelling out which a Picasso line drawing,” says Professor Ronald Gilson.

Above: After an unexpected discovery by his research assistant, Professor Charles F. Sabel initiated the group’s work. Left: Professor Ronald J. Gilson brought an expertise on Silicon Valley innovation to the project.

iPads may be “designed by Apple in California,” but their display, memory chips, and brain come from Samsung. So Apple needs the South Korean electronics giant to innovate on its behalf. Steve Jobs may be the creative genius of Apple, but the company’s lawyers deserve some credit, too.

LAW.COLUMBIA.EDU/MAGAZINE 35 “Picasso draws one line and somehow that one line organizes “ all of the empty space and how you see something. The formal I think all of us element gives structure through which the uncertainty can be resolved, and without the risk that there subsequently will be a fight.” would count A problem arises, though, when judges who do not understand contracts for innovation foul things up by going to one of two extremes: either declaring them unenforceable, or giving them [this collaboration] more weight than the parties intended. “No matter how sharp the intuitions of experienced judges, courts unguided by a theoretical among the framework are prone to err,” the professors write in their chapter of a new law and economics book, Rules for Growth. highlights By supplying the missing theoretical framework underpin- ning the new-style contracts, the Law School professors hope to educate judges and make the legal system a lubricant for of our scholarly innovation instead of a source of friction. Robert E. Litan, an economist with positions at both the Kauffman Foundation—a pro-entrepreneurship organization that partially sponsored the careers,” says research—and the Brookings Institution, says “they’re the cutting edge of thinking about contracts.” Professor The joint work of Gilson, Sabel, and Scott is an exemplar of fruitful collaboration. In 2006, after Professor Charles Sabel’s research assistant Matthew Jennejohn ’07 found those strangely Robert E. Scott. worded documents in the SEC database, Sabel mentioned their existence to his colleagues. Sabel, Gilson, and Scott then met over a series of lunches web exclusive at the Amsterdam Cafe, Sezz Read the professors’ work on Medi, and elsewhere. Each of contracting for innovation. the three professors brought law.columbia.edu/mag/ contracting-innovation something to the table. Pro- fessor Ronald Gilson is an expert in corporate finance and Silicon Valley innovation. He has studied how venture capital firms prevent opportunistic behavior by the managers of firms they invest in. Sabel is fascinated by governance issues, the organization of production, and networks. Professor Robert Scott is the contracts expert of the group. The team’s first article on this topic for the Columbia Law Review, in April 2009, described the rara avis they had discovered. “Rapidly innovating industries are not behaving the way theory expects,” they began. The errant theory to which they referred, based on research by Ronald Coase, says that transaction costs—annoyances like attorney and accountant fees and time-wasting negotiation—determine how companies organize work. If transaction costs are low, it will be efficient now, if they ever did. And Coase seems to agree with them. for a company to acquire what it needs through arm’s-length Remarkably, the man is still alive, having turned 100 this past dealings in the open market. If transaction costs are high, com- December. As recently as 2006, he wrote an article rebutting panies will avoid those costs by bringing work in-house. Nobel latter-day interpretations of his much-cited 1937 paper “The laureate Oliver Williamson of the University of California, Nature of the Firm,” which helped win him the Nobel Prize in Berkeley, argued that the most important transaction cost is the economics in 1991. The three Law School professors say their risk that a firm will be “held up,” Bonnie and Clyde–like, by an work is a natural extension of the original Coase. In their new unscrupulous business partner that waits until its counterparty telling, firms are organized to deal with a wide range of challenges, is in deep and then seizes the fruits of their joint investments. the risk of hold-up that Williamson emphasizes being just one (For example, a freelance writer could hold up his editor by among them. “This is a generalization of the Coasian idea,” says demanding more money to make a final round of changes on Sabel. “We come to the conclusion that the firm doesn’t have a an article that is about to be published.) ‘nature.’ As the problems change, the firms change.” Gilson, Sabel, and Scott say modern theories of the firm such Having dissected the rare bird they discovered, the professors as Williamson’s do not adequately explain corporate behavior wrote a second article for the Columbia Law Review in October

36 COLUMBIA LAW SCHOOL MAGAZINe Summer 2011 Professor Robert E. Scott quickly recognized the uniqueness of the 2010 that instructed judges on how to enforce contracts. They were And its applications are potentially enormous. “neither fish nor fowl,” contracts for innovation. Their advice: Not too he says. Emile Durkheim, the French sociologist, said hard; not too soft. Violations of the early-phase, that contracts depend on social trust, but also process portion of an agreement should be pun- erode trust over time. Daniel Bell, the Ameri- ished, they suggested, but only for clear-cut, “red can sociologist who died in early 2011, wor- face” infractions. And violators should not be held responsible as ried about the same thing. Gilson, Sabel, and Scott think that if they had reneged on a full-fledged contract, they said. contracting for innovation might give society a way out—a sys- Gilson, Sabel, and Scott have high hopes that their work will tem that braids together the best aspects of contract-based and be applied widely. They are drafting a third law review article on trust-based ways of doing business. “Could it be,” they ask in the subject, after which they plan a book. They are also organiz- the conclusion of their October 2010 law review article, that the ing a late 2011 conference for scholars who are building on or emergent system they identified could renew social cooperation critiquing their formulation. “even as the conditions of cooperation become more uncertain?” Waxing enthusiastic during the office interview, Scott calls contracting for innovation “the holy grail of my life’s work.” peter coy is the economics editor at Bloomberg Businessweek. ph otograhed by alan s. Orling LAW.COLUMBIA.EDU/MAGAZINE 37 NForeclAosuTre

The mortgage foreclosure crisis is a big, huge, complicated mess affecting millions of homeowners throughout the country. A group of professors from the Law School and Business School are working from multiple angles to help turn the tide. By Amy Feldman ION

he news from the housing bankruptcy and mortgages, hot commodities that had gone bad. Their theory, in brief, was market continues to be bad. in Washington, D.C. Morrison, the Harvey R. that the rise of securitization had hampered Home prices have yet to hit bot- Miller Professor of Law and Economics and modifications even when it was in the interest T tom, leaving too many people in Co-Director of the Richard Paul Richman of lenders (and investors), as well as borrowers. homes they cannot afford. Some 10 percent Center for Business, Law, and Public Policy, “We were attracted to approaches that could of homeowners are delinquent on their and Mayer, the Business School’s Paul Milstein be rolled out more quickly, and where the mortgages, and roughly 250,000 begin Professor of Real Estate and Senior Vice Dean, mortgage servicers could handle the modifica- the foreclosure process each month. Yet have testified before Congress four times about tions rather than the judges,” Morrison says. that process is slow and brutal, and regula- the nation’s mortgage foreclosure mess. What happened in the months and years tors have been investigating “robosigning” In presentations before various committees following that testimony has served only to and other foreclosure irregularities by the of the House and the Senate between Novem- confirm what Morrison and Mayer already banks. Meanwhile, the Obama administra- ber 2008 and February 2009, Morrison and knew: The mortgage crisis is a complicated, tion’s signature housing program has failed Mayer laid out a plan for helping up to 1.5 layered problem, with no easy answers or to live up to its expectations, leading oppo- million homeowners out of financial distress. simple solutions. nents to call for its end. Rather than modifying mortgages in bank- In March 2009, the Treasury Depart- This real-world housing crisis has made ruptcy courts, they argued for using financial ment unveiled a $75 billion federal Home Edward R. Morrison and Christopher J. incentives and legal “safe harbor” provisions Affordable Modification Program (known Mayer, experts on once-arcane topics like to entice mortgage servicers to modify loans by its acronym, HAMP) that incorporated

LAW.COLUMBIA.EDU/MAGAZINE 39 “A lot of policy work is driven by ideology. We will provide problem-focused research that’s driven by facts.”

—Professor Edward R. Morrison on the collaborative work being done thanks to the new Richard Paul Richman Center for Business, Law, and Public Policy

portions of Morrison and Mayer’s proposal. able-rate mortgages on the theory that Since then, nearly 1.5 million homeown- home prices could only go up. ers have entered trial modification under Only in retrospect did most realize it was forward HAMP, according to the administration’s a bubble. When the economy soured and latest statistics. But with millions more hom- housing prices dropped, many homeown- eowners delinquent and at risk of foreclo- ers who had bought at inflated values were thinking sure, the program has been criticized sharply stuck in homes they could no longer afford, for not doing enough: Not only have modifi- with debts larger than their properties’ value. cations been slow to proceed, but many who As a result, over the past two years, some started the trial process got weeded out of the 3 million foreclosures took place, and the The newly launched Richard Paul program. Others who were awarded perma- Federal Reserve has estimated that another Richman Center for Business, Law, nent modification ended up re-defaulting. 4.25 million homeowners will go into the and Public Policy fosters research The Congressional Oversight Panel now foreclosure process by the end of 2012. by leading business and legal estimates that HAMP will prevent fewer With 50 million mortgage-holders in the scholars and allows them to tackle than 800,000 homeowners from going into United States, and about one-quarter of them issues—such as the mortgage foreclosure, a fraction of the government’s at risk of default because they owe more on foreclosure crisis—that exist at the initial estimates of 3 to 4 million. “[D]espite their mortgages than their homes are worth, intersection of business and law. there’s a particular urgency to come up with “We envision the Richman Center the right answers. “The biggest problem may partnering with organizations be yet to come,” says Business School Assistant such as the Business School’s Professor Tomasz Piskorski, who joined with real estate center and the Law go beyond Edward Morrison and Christopher Mayer to School’s corporate governance Browse interactives assessing the scope of the foreclosure crisis. co-author the mortgage modification paper center to find the most important law.columbia.edu/mag/ they presented to members of Congress. policy questions that we have the foreclosure-interactives In devising good policy, understanding skills to address,” says Professor the behavior of lenders and borrowers alike Edward R. Morrison, who will the apparent strength of HAMP’s economic is key to avoiding unintended consequences. jointly oversee the center with logic, the program has failed to help the vast “Almost all of our work has been looking at Dean David M. Schizer, Columbia majority of homeowners facing foreclosure,” what motivates homeowners’ decisions with Business School Dean R. Glenn according to the panel’s December report. respect to paying their mortgages or walking Hubbard, and Business School Expectations for HAMP were set unrealis- away from their homes,” Morrison says. Senior Vice Dean Christopher tically high, Mayer argues, and its results are In their second paper together, Morrison, Mayer. The center was made in line with his and Morrison’s forecasts. “This Mayer, and Piskorski looked at whether bor- possible by a gift from the Richard was never going to be a silver bullet,” Mayer rowers exploit the mortgage modification Paul and Ellen S. Richman Private says. “The program failed by comparison to process by going into default specifically to Family Foundation, which also the target, but that was not a realistic target.” qualify for aid. As a proxy for government funds two professorships through data, the professors analyzed what happened the center, one at each school. n hindsight, the mortgage crisis when Countrywide Financial (which had “The center’s work may not offer seems almost inevitable. Home prices been purchased by Bank of America in 2008) conclusive answers to all relevant increased rapidly. Banks gave out mort- announced in October 2008 a nationwide questions,” adds Morrison, “but it Igages like candy. Then those mortgages mortgage modification program scheduled will provide important facts and were sliced and diced, and packaged into to begin in December of that year as part of a clear strategies for dealing with securities for sale to investors. Lending settlement agreement. The result: In just a few core public policy problems.” to subprime borrowers soared, as did the months, a large number of borrowers stopped number of borrowers who signed adjust- paying their loans in order to qualify for the

40 COLUMBIA LAW SCHOOL MAGAZINe Summer 2011 program. “We found good evidence that the these homeowners could refinance at current, cation programs nudge too many people to settlement caused a 13 percent to 20 percent lower interest rates—something they typi- show up for aid, and the interest-rate reduc- increase in delinquencies immediately after cally cannot do because their homes are worth tions they receive are not enough to stem the it was announced,” Morrison says. “Whether less than their loans—many families would tide of foreclosures. “That’s the nightmare that’s a large or small number is the big ques- see their mortgage payments decrease, thus scenario,” he adds. “It suggests that you could tion now.” Interestingly, the strongest response increasing their ability to make payments. have a better-designed policy—programs that came from people who had a lot of borrowing This is “low-hanging fruit that the admin- decrease principal balances.” capacity on their credit cards and seemed least istration has not yet done anything about,” likely to default in the near term. Mayer says. “The great thing is that this proven if more homeowners can The Countrywide results illustrate the gram would come at no cost to taxpayers. We get their mortgages modified, the balancing act any government program haven’t yet taken advantage of a great opportu- reality is that some will still need faces in trying to help borrowers headed nity to help people lower their mortgage rates.” Eto go through foreclosure. And that for foreclosure. Administrators must make Another proposition, but one that process, right now, appears to be too slow, sure not to spend precious taxpayer dollars addresses the situation where so many home- unwieldy, and rife with problems. “A foreclo- on programs that bail out those who would owners are underwater, is the idea of devis- sure system that was swift and certain, and otherwise be able to pay their debts on their ing government-aided modifications that moved houses through the process quickly own. “It’s very difficult to know who needs do more to cut principal balances. Professor when the loan is not being paid, would move government help,” Morrison says. Ronald Mann argues that more substantial us through the crisis more quickly,” Ronald The professors currently are examin- solutions, including cutting principal bal- Mann says. “Time is just a deadweight loss.” ing the extent to which foreclosure rates ances, are necessary. “With respect to the The key going forward may be balancing are impacted by whether mortgages are mortgage part of the crisis, nothing is work- speed concerns with cost-related issues. If cost recourse loans that allow lenders to go after ing at all,” Mann says. “There is a real fear of were no object, Tomasz Piskorski notes, you borrowers for the full amounts they owe— modifying loans down to the real value of the could simply wipe out everyone’s debts. “The preliminary research shows that it matters homes. But we were in a bubble—the prices question is not whether we can design a solu- less than people think, according to Morri- of 2008 were not the real numbers. So as tion to foreclosures,” he says. “The question is son—and whether defaults and foreclosures long as you have a large amount of the Amer- how to do it in a way that is not too expensive.” create contagion that can spread through If President Obama went on TV tomorrow communities. Working within the new and announced a program for every borrower Richard Paul Richman Center for Busi- who misses a payment, a lot of people would ness, Law, and Public Policy, Morrison and web exclusive default just to qualify, Piskorski adds, and the Mayer hope to mobilize researchers across Get info and advice on mortgage and cost to taxpayers would be massive. “It would disciplines to find solutions to the housing foreclosure issues. redistribute a lot of wealth from people who law.columbia.edu/mag/ crisis and other public policy issues. “A lot mortgage-info are responsible about saving and to people of policy work is driven by ideology,” Morri- who took on a lot of housing debt,” he says. son says. “We will provide problem-focused On the other hand, as Edward Morrison says, research that’s driven by facts.” ican populace sitting in homes with loans there are benefits to speed when millions of As that longer-term research moves for- far higher than they will ever be worth, and mortgage holders are delinquent. “Early res- ward, Morrison and Mayer point to fixes that the lenders can’t modify, eventually all these cues are more valuable than late ones,” he says. can be made now. In an op-ed published by people have to get through the foreclosure “They can prevent foreclosures from spiraling The New York Times this past September, system, and that is going to take a long time.” out of control. The longer we wait, the more Mayer and R. Glenn Hubbard, dean of the If homeowners receive mortgage modifica- costly it becomes to stop the housing crisis.” Business School, proposed that the govern- tions that keep their debts too high compared ment facilitate refinancing for homeowners with the value of their homes, they are likely Amy feldman has written for The New who are “underwater” and living in homes that to default again. What must be avoided, Mor- York Times, Money, and Time, among are worth less than the mortgages on them. If rison argues, is a situation where the modifi- other publications.

LAW.COLUMBIA.EDU/MAGAZINE 41 Clockwise from top left: Dana Freyer ’71 serves as the chair of the board of directors at Global Partnership for Afghanistan. Eugene Rostov ’64 runs his own consulting firm in Coral Gables, Fla., specializing in cross-border transactions. Marie Garibaldi ’59 left a law firm to become a judge and has stayed active as a board member since retiring from the bench. Dan L. Nicewander ’66 volunteers his time to various educational and community organizations.

42 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 Photographed by peter freed, jeffery salter, Simon Feldman, and pete lacker Act II

Mandatory retirement for partners of a certain age is a reality of law firm life. Waves of talented, driven, ambitious leaders move on to second careers or new ventures with gusto. Here, four Law School graduates who recently made the transition into “retirement” talk about the experience and offer their advice for getting the most out of life after the firm.by Peter Kiefer

hen pondering the notion of . what retirement life is like, she is quick to rephrase retirement, the mind quickly the question. conjures any number of “I didn’t retire,” she says. “I rewired.” visual references. For some, Just a few months before her going-away party at Skad- it may be the golf links in den, Freyer traveled to Kabul, Afghanistan, as co-founder Boca Raton. For others, it is of Global Partnership for Afghanistan (GPFA), a nonprofit theW sloping hills of Tuscany, 5 o’clock cocktails, or aim- organization focused on sustainable rural development, a less strolls on the beaches of Southampton. key element to securing peace in war-torn Afghanistan. It For Dana Freyer ’71, it was the steppes of Afghanistan. was just one of many trips she would make there. During Conventionally speaking, Freyer “retired” in 2009, the past nine years, GPFA—in partnership with local com- after a 32-year legal career at Skadden, Arps, Slate, munity leaders—has helped educate and train thousands of Meagher & Flom, where she specialized in interna- Afghan farmers while working to revitalize woodlots, vine- tional arbitration and litigation. But when asked . yards, orchards, and other farm businesses.

LAW.COLUMBIA.EDU/MAGAZINE 43 Freyer’s current activities with GPFA may seem exceptional, but . area that challenged me and allowed me to make a difference in her trajectory is not. She is but one example of a vast intellectual the world,” says Freyer. “There is nothing retired about me; I just displacement that occurs each year, as tens of thousands of promi- transitioned from one form of work to another one.” nent attorneys retire from practice after decades spent working in Welcoming pro bono projects in addition to her regular case- the law firm setting. load, Freyer says, was key to positioning herself for stimulating The recent economic downturn has only served to increase work after retirement. the numbers of those discussing, considering, and planning for Like Freyer, who traveled substantially to foreign locales during her time at Skadden, Eugene Rostov ’64 experienced an unusually peripatetic legal career. Before he started his 38-year tenure at Baker & McKenzie, he and his family lived in France, then Nassau, Bahamas. For 14 years, he worked at Baker Lawyers, & McKenzie’s offices in São Paulo, Brazil, with the other 24 years in the Miami office, before retiring in 2007. in particular, are Rostov says his general curiosity about different parts of the world and his passion for travel have proven huge assets in the transition well suited for this out of full-time firm practice. “That Brazil experience in and of transition, as the legal field itself has led to a lot of opportunities that I could not have planned or typically draws adaptable, motivated, even thought of at the time,” Rostov says. He now runs his own consulting firm based in Coral Gables, highly educated individuals who will become Fla., where he advises on the busi- well versed in several fields beyond law over ness aspects of mergers and acquisitions outside the U.S. His clients the course of a career. range from major manufacturers to chemical companies to banks and financial institutions. “I think most people underestimate what they can do when they leave the law, and don’t realize they can still find enjoyment and satisfaction by doing other things,” he says. Rostov adds that life after law firm employment. Like nearly every other indus- he benefited from taking risks—in his case, accepting foreign try, the legal profession has been impacted by the recession. In postings—that some of his colleagues and friends at the time 2009 alone, 67 percent of law firms surveyed cut support staff, considered, in his words, “crazy.” 43 percent cut paralegals, and 44 percent cut associates, accord- “The most useful thing for me now is understanding the ing to a survey by the legal consulting firm Altman Weil titled anatomy of a cross-border transaction,” he continues. “That was “Law Firms in Transition 2010.” At a higher level, 25 percent of an important part of my work, and what I learned at Baker & law firms scaled back the ranks of their equity partners in 2009, McKenzie, which I have transferred over.” and often a reduction of equity partners results from a change in Rostov is far from alone when it comes to the repurposing of retirement age policy. skills developed through firm practice. As a result of mandatory While career transitions can be among life’s most stressful retirement policies, more and more attorneys, at younger ages, events, it is often the case that those retiring from legal practice are taking the skills they learned at firms and putting them to use discover previously unparalleled enjoyment in applying their intel- in new settings. lectual and practical skills in new directions. Lawyers, in particu- In its most recent national survey on lawyer retirement policies, lar, are well suited for this transition, as the legal field typically issued in 2007, the legal consulting company Altman Weil found draws adaptable, motivated, highly educated individuals who will that 50 percent of participating law firms maintained mandatory become well versed in several fields beyond law over the course of retirement provisions. Of those firms, 38 percent set retirement at a career. And, as several Law School graduates point out, the term age 65, 36 percent at age 70, and the rest somewhere in between. At “retirement” really has become a fungible concept. smaller firms, the most common mandatory retirement age is 70. “When I made the decision to scale down at Skadden, it was Of the lawyers polled in the survey, 38 percent approved of manda- simply a question of redeploying my time and energy to another . tory retirement policies, while 46 percent disapproved of them, and

44 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 16 percent were undecided. The statistic about how many lawyers . the firm Riker, Danzig, Scherer, Hyland & Perretti inN ewark, N.J. planned to continue working after retirement was most inspiring: “It wasn’t really such a change,” she says of the transition. 61 percent said they had no intention of giving up work entirely “There are so many activities you can do in the judicial system. once they left the law firm setting. And [at the firm,] I was active in dispute resolution, so it was a “Mandatory retirement age policies have been around for a long very similar type of work.” time,” says Mark Zauderer, a partner at Flemming Zulack William- Garibaldi adds that the non-firm-related professional activities son Zauderer who chaired a committee responsible for a 2007 New she engaged in during her time at Riker Danzig proved extremely York State Bar Association study on retirement-age policies at law beneficial throughout the remainder of her career and beyond. “I firms. “But what we have seen in recent decades is a reduction in had a lot of outside activities when I was working in private prac- that age.” Some firms, Zauderer says, have policies requiring retire- tice,” she says. “I was active in bar associations and [various] bar ment when lawyers reach their late 50s. But most policies require association committees. You can get to know a lot of people that retirement when partners reach their mid-60s, he says. way—and not only lawyers. My theory is: You may be brilliant, The early retirement discussion is made even more relevant but if no one knows who you are, it is hard to move forward.” because of the sheer numbers of baby boomers who are facing Garibaldi retired as judge in 2000 and thereafter served on the the prospect of retirement across all industries. Furthermore, board of Crown Holdings Inc., before stepping down in 2007. She advances in modern science and medicine now allow profes- is currently second vice chairman of the board of governors at the sionals to extend careers years, and in some cases even decades, Hackensack University Medical Center. beyond what was the post–World War II norm. What the diversity of Garibaldi’s legal career and her post- For Dan L. Nicewander ’66, life after his firm career was never retirement endeavors have shown, she says, is the flexibility a law going to be a struggle, as he kept himself engaged in a whole host degree can provide. And that point appears to ring especially true of activities outside the firm where he worked. Immediately after when it comes time for retirement. Attorneys, it seems, are as well graduating from the Law School, Nicewander took a position at a boutique law firm in Dallas then known as Gardere, Porter & DeHay. At the time, he was just the ninth lawyer hired at the firm. When he retired 42 years later, there were 185 lawyers at Gardere Wynne Sewell. Nicewander has a laundry list of “There is activities that keep him occupied, and, as he explains it, he is happier than ever. In addition to his work nothing retired as a director of the Community Council of Greater Dallas, Nice- wander volunteers his time for about me; I just projects at the history department at the University of Texas, remains active in the Sons of the Ameri- transitioned from one form of can Revolution, and is a member of the American Council on Ger- work to another one.” —Dana Freyer ’71 many—all activities he engaged in prior to retiring. The key, he says, is knowing when to move on and then taking decisive steps. “You have to make a clean break,” Nicewander asserts. “If you try to do part-time this and part-time that, it doesn’t really work. I could have practiced for equipped as any to confront that type of career transition—and to another 20 years, but there is more to life. You have to leave a get the most out of every new development that arises. little meat on the bone, as they say down here [in Texas].” Freyer, who returned to Afghanistan this spring, makes a strong But there are no typical paths, no rule books that must be followed. case for embracing life’s opportunities and challenges. When Marie Garibaldi ’59 left firm practice in 1982, it wasn’t for “I am passionately excited and engaged every minute of every the purposes of retirement. In fact, her transition away from firm day,” she says. “There are daily challenges while working in life made history, thanks to what she would be doing next. Thomas Afghanistan. The rewards are very different. I find myself grati- Kean, then New Jersey governor, appointed Garibaldi to serve as fied in ways that are truly meaningful.” a justice on the state Supreme Court, and she was the first woman ever to hold that position. Her appointment came after working peter kiefer is a New York–based journalist who has written for six years at the Internal Revenue Service and for 18 years at . for the Rome bureau of The New York Times.

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46 COLUMBIA LAW SCHOOL MAGAZINe Summer 2011 in

Campaign Finance Law focus: page 54 The people, personalities, and perspectives making an impact this season

alumni profiles 48 ......

at issue essays

54 ......

class notes

58 ......

in memoriam

76 ......

questions presented 80

Yael Julie Fischer ’10 page 50

PH OTOGRAPHED BY fabrice trombert LAW.COLUMBIA.EDU/MAGAZINE 47 robert lieff: Head of the Class

Through both his life’s work and his extensive philanthropy, Robert L. Lieff ’61 has shown an uncanny capacity to spur impact on a game-changing level By Alexander Zaitchik

Among the jobs Robert L. “I spent the decade learning his creation and support of the the Law School, which is held by Lieff ’61 took on to finance his about claims practice,” says Lieff, Global Justice Forum, which Professor Benjamin L. Liebman legal studies in the early 1960s who recently served as co-chair of since 2005 has brought together and known as the Robert L. Lieff was that of night watchman at the his 50th reunion and is working 200 lawyers from more than Professorship, was created to Law School. More than 40 years on a memoir about his plaintiff- 30 countries to share ideas and support a faculty member with later, that job ranks as the most side litigation work during the experience. “There is no plaintiff expertise in cross-border litiga- ill-fated in a long and storied legal heady 1960s. “There were no bar outside the U.S.,” explains tion and international law. career. It lasted exactly one day. class-action suits back then, just Lieff. “So I thought I’d bring When Lieff is not busy shaping “My fellow student assistant at small individual cases.” lawyers from other countries the global future of class-action the other end of the building fell In 1972, Lieff left Belli’s firm together and give them a sense law, he enjoys time spent in and asleep on our first night,” remem- and started his own practice, Lieff of what we do here in the U.S. so around vineyards. Napa Valley bers Lieff. “The next morning, we Cabraser Heimann & Bernstein. they can take lessons home. The serves as his part-time home, were both unceremoniously fired.” It is now one of the largest plain- forum is on the cutting edge of and he owns a vineyard that In the intervening years, Lieff tiff-side law firms in the world, cross-border litigation and fol- annually produces around 500 has more than made up for that with 75 lawyers and 200 employ- lows in the tradition of our work cases of cabernet sauvignon and dereliction of guard duty. Since ees at offices in San Francisco and in the 1960s.” Fittingly, Lieff’s sauvignon blanc. Like the wine distinguishing himself as one of Manhattan. At the helm of Lieff second endowed professorship at business, where weather and the first participants in the Law Cabraser, he has played a major luck play roles along with skill School’s J.D./M.B.A. program, role in winning many of the Lieff played a and experience, the legal field in the Bridgeport, Conn., native has largest class-action suits in his- major role in which Lieff has made his career, secured a place in legal history as tory, including the Exxon Valdez he notes, is teeming with risk. a key figure in the development case and litigation involving Big winning many of “You have to care about the of class-action law. Lieff has also Tobacco. With the proceeds from the largest class- underdog and be a risk taker at played a major role in the develop- a lawsuit brought against several action suits in heart to do big class-action suits,” ment of the Law School, where he Swiss banks for Holocaust profi- history, including he says. “You have to believe that teering, Lieff funded the Lieff if you put in the time and money, sits on the Dean’s Council and has the Exxon endowed two professorships. Cabraser Heimann & Bernstein you’ll recover. But it’s highly Lieff’s career in class-action Clinical Professorship in Human Valdez case speculative. If you want to play it litigation began with a youthful Rights Law, which is held by and litigation safe and receive a check every two decision to head West. In 1965, Professor Peter Rosenblum. The involving Big weeks, it’s the wrong profession.” he accepted a job in San Francisco position, he notes proudly, “is Tobacco. working for the famously brash devoted to the study of human Alexander Zaitchik is a jour- and effective personal injury law- rights issues around the world.” nalist who has written for The yer Melvin Belli, who had become Lieff’s international perspec- New York Times, among other known as the “King of Torts.” tive also finds expression in publications.

48 COLUMBIA LAW SCHOOL MAGAZINe s ummer 2011 PHOTOGRAPHED BY Andy freeberg LAW.COLUMBIA.EDU/MAGAZINE 49 yael julie fischer: Planting Seeds

As she enters the legal profession, Yael Julie Fischer ’10 is set on integrating globally impactful pro bono work into her corporate law practice By Andrea thompson

When Kirkland & Ellis Associate which offers a wide range of agri- the villagers had already raised for importance given that the restric- Yael Julie Fischer ’10 traveled to cultural programs designed to the project. tions they face—from traveling Kabul in August 2009 to work help the country’s farmers boost During her time in Afghani- alone to conversing with men for the agricultural and environ- productivity, manage water stan, Fischer also put together outside their own families—often mental nonprofit organization resources, and increase prof- proposals for the Women prohibit them from reaching out Global Partnership for Afghani- itability. The group provides Working Together initiative, for help. stan (GPFA), it wasn’t without farmers with seedlings for veg- which sends female agricultural Now back in America, Fischer some trepidation. The elections etable gardens, vineyards, and experts to instruct women who practices general litigation at scheduled for that month had fruit, nut, and poplar trees. have been widowed or other- Kirkland & Ellis in Manhattan. brought escalating threats from It also organizes and deploys wise left responsible for their The work is different, and her insurgents hoping to scare citi- Afghan citizens who are trained extended families in basic skills office environment is a far cry zens away from the polls, and in forestry and horticulture to like cultivation, weeding, and from the jagged mountain peaks suicide bombings remained a help farmers implement new storage. Offering assistance to and seemingly endless grasslands constant worry. Fischer could methods of cultivation. GPFA Afghan women is of particular of Afghanistan. But she has con- not help but notice the appre- employs 180 Afghans, has tinued her involvement with hension that was palpable among reached 12,000 farmers, and Fischer’s GPFA by co-founding the orga- the organization’s Afghan staff, has planted 8 million trees. current office nization’s Young Professionals but she recalls being inspired by Fischer, who chronicled some Group, which has hosted events environment is a the spirit of determination that of her experiences working for in New York City. And she plans seemed to trump all fears. “There GPFA in a piece for huffington- far cry from the to work with the organization for was an absolute commitment post.com, credits the group’s suc- jagged mountain years to come. to voting,” she says, adding that cess to a determination to draw peaks and Fischer says she entered law their optimism about the future upon local resources and knowl- seemingly endless school with a desire to press for was infectious. “They wanted edge. “The model is so simple and social change, inspired in part by people to understand that there’s so intuitive, and yet the impact grasslands of her work on political campaigns more to Afghanistan than the is so tremendous,” she says. The Afghanistan. in Virginia and Ohio, and by a war-ravaged side.” organization consults with shu- But she has summer spent volunteering in Fischer became involved with ras—local village councils—to continued her Ghana. She is set on proving that identify what communities need, corporate law and public interest GPFA after meeting a member of involvement with the organization’s board through and many of the projects GPFA work are not mutually exclusive. a Columbia Law School class- helps support are requested GPFA and plans “I feel very lucky that I have role mate. Three weeks and hours of directly by citizens. When mem- to work with the models who have found a way to research later, she was on a flight bers of a village in Wardak Prov- organization for fuse the two,” Fischer says. headed to Kabul. ince approached GPFA with their years to come. While living and working in desire to bring electricity to the Andrea thompson has written Afghanistan, Fischer wrote grant area, for instance, Fischer wrote for The New Yorker and The proposals and completed vari- a grant application that resulted New York Times, among other ous research projects for GPFA, in $10,000 to supplement what publications.

50 COLUMBIA LAW SCHOOL MAGAZINe s ummer 2011 PHOTOGRAPHED BY fabrice trombert LAW.COLUMBIA.EDU/MAGAZINE 51 paul evanson: Maximum Utility

As a highly successful leader in the energy industry, Paul Evanson ’66 understands better than most that with power comes great responsibility By Andrew clark

Working in the utilities industry is turned to the energy industry, Though Evanson ultimately revolved around megawatts. In not like selling Wheaties or Cheer- joining Florida Power & Light never practiced law, he insists fact, Evanson—who is married ios, declares Paul Evanson ’66, Company as vice president of that his legal education has been with one daughter—recently the recently retired longtime finance and chief financial officer. invaluable during his years work- entered a new, hard-hitting president, chairman, and CEO Evanson admits he didn’t know ing in the utilities world. industry: NFL football. of Pennsylvania-based Allegheny much about the utilities business “In the energy industry, there Not long after moving to West- Energy. “Electricity,” he notes, “is before heading to the Sunshine are so many legal rules, concepts, ern Pennsylvania in 2003, he a product that affects everyone State. But it did not take long for and regulations that you have to caught Pittsburgh Steelers fever. and everything.” him to learn: He was named the deal with on a daily basis,” says (He said it was impossible to live He is not being hyperbolic. company’s president in 1995. Evanson, who also serves as a anywhere near the area and not At Allegheny Energy, which For the past seven years, Evan- director at the Edison Electric to fall in love with the team.) Yet, owns nearly 10,000 megawatts of son was at the helm of Allegheny Institute. Learning how to ana- unlike most Steelers fans, Evan- generating capacity, Evanson was Energy, which provides util- lyze complex fact patterns and son had a unique tie to the fran- tasked with keeping the power on ity services for people in West evaluate issues from a number chise: He was friends with team for 1.5 million people across three Virginia, Maryland, and Penn- of different angles helps him deal president Art Rooney II, who he states. “We deal with a product sylvania. It was a struggling, with the ins and outs of what he met at a charity golfing event. that a lot of people will take for nearly bankrupt company when refers to, in understated form, as Last year, Evanson became a part- granted,” he says. “[But] it’s an he arrived, but Evanson trans- “a heavily regulated industry.” owner of the storied franchise. essential asset for businesses and formed Allegheny into a success- While he is known for being a Evanson’s first year affiliated a number of industries.” ful, and profitable, enterprise. near-constant presence at Allegh- with the Steelers—which cul- How Evanson, a Queens, N.Y., Allegheny—with $4 billion of eny’s headquarters in Greens- minated in a trip to the Super native trained in law, came to be annual revenues—recently com- burg, Penn., life for the 69-year- Bowl—proved to be a rather in charge of such a large swath pleted a merger with the Ohio- old Evanson hasn’t entirely unforgettable experience. And he of that “essential asset” is a tale based FirstEnergy Corporation. says his new role with the team centered mostly on business Evanson, who served as executive At Allegheny enables him to enjoy the Steelers acumen. After graduating from vice chairman of the combined Energy, Evanson from a whole new perspective. the Law School, he immediately company before retiring in June “I get to go to all the team’s was tasked with entered the corporate world. to work as a consultant and pur- games,” he says. “I visit the play- For the 20 years that followed, sue energy investment opportu- keeping the power ers on the field, and I went to Evanson honed his skills at a nities, is excited about the merger on for 1.5 million the Super Bowl. Basically, I will number of multinational com- he helped facilitate. He notes people across always have a guaranteed seat in panies—including time spent at that the move will diversify the three states. the owners’ box.” Lynch Corporation, and a stretch company’s energy sources—as as the executive vice president of FirstEnergy is 40 percent Andrew clark has written for a natural resources and trans- nuclear-based, while Allegheny Time and The Boston Globe, portation company. In 1992, he is 95 percent coal-driven. among other publications.

52 COLUMBIA LAW SCHOOL MAGAZINe s ummer 2011 PHOTOGRAPHED BY harry giglio LAW.COLUMBIA.EDU/MAGAZINE 53 at issue: campaign finance law

After more than 35 years, the Supreme Court has failed to produce a consistent, practical doctrine with respect to campaign finance law. Perhaps the Court should intervene less on this issue. By Richard Briffault, Joseph P. Chamberlain Professor of Legislation

The United States Supreme Court dominates American campaign finance law. Last year’s decision in Citizens United v. Federal Election Commission invalidating the long-standing prohibition on corporate and union spending in candidate elections dramatically drove home this basic truth, but Citizens United is nothing new. The Court has played a central role in shaping and constraining our campaign finance laws since its decision in Buckley v. Valeo in 1976, and the Court’s role as arbiter of what rules may or may not be enforced only continues to grow.

The president of the United the Court indicates some regu- campaign finance law are the Court determination of cam- States may wag his finger and lation is permissible. According product of the Court’s decisions. paign finance law might not be denounce the Court’s Citizens to polls, as much as 80 percent To be sure, the actual laws are a bad thing if the Court’s juris- United ruling to the justices’ of the public opposes the Court’s those adopted by our elected prudence were (i) stable and faces on national television—as Citizens United holding that representatives or by the people coherent, (ii) clearly determined President Obama did in his 2010 corporations and unions have an acting through state or local by the text, structure, or values State of the Union message—but unlimited right to spend money initiatives. But the Court con- of the constitution, or (iii) func- even he has not proposed to in elections. But the public is, in sistently—and, particularly in tionally necessary to protect overturn any basic element of practice, powerless to have that the Roberts Court era, aggres- democratic self-government. the Court’s decision. Instead, ruling changed. sively—has had the last word Unfortunately, our Court- the president has called only for To a considerable degree, the in deciding which laws may be determined campaign finance new laws in those areas where central features of American allowed to take effect. law is none of these things.

54 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 also determined that a politi- paign finance laws, like Canada cal party is capable of spend- or Great Britain, also have vig- ing “independently” on behalf orously contested elections in of its own candidates and such which the parties in power have independent party spending been defeated. cannot be restricted. In short, Campaign finance law ought despite, or perhaps because of, to be, to a considerable degree, its frequent interventions into dejudicialized. After more than campaign finance regulation, three-and-a-half decades, the the Court has failed to develop Court has failed to develop a a consistent and workable body body of coherent and work- of doctrine. able doctrine, fully reflective Nor is the Court’s jurispru- of the relevant constitutional dence clearly mandated by the norms, that justifies the aggres- Constitution. The Constitution sive and constraining role it has does not speak to campaign assumed. The Court should financing, or at least it does not step back and be more deferen- speak clearly or univocally. Con- tial to the decisions of elected stitutional law brings multiple representatives or to the peo- concerns to bear in addressing ple themselves. This does not campaign finance—including mean judicial abandonment the right to vote, freedom of of the field. The Court should speech and association, politi- still police against laws that cal equality, and government discriminate against minorities integrity. These values can, and or political outsiders, or that frequently do, come into con- would clearly entrench incum- flict in the making of campaign bent officeholders or parties. The Court’s campaign finance The Court’s finance policy, but the Consti- That is the path taken by the case law is a mess, marked by campaign finance tution provides no standard for Supreme Court of Canada and doctrinal zigzags, anomalous case law is a resolving these conflicts. The the European Court of Human distinctions, unworkable rules, Court has no greater legitimacy Rights, of marking the outer and illogical results. The case mess, marked than the other branches of gov- limits of legislative regulation law governing corporate spend- by doctrinal ernment in weighing and bal- but not imposing tight pre- ing may be the poster child zigzags, ancing the values that go into scriptions on political choices. for the instability of campaign anomalous campaign finance law. It surely There are few obvious right has less expertise than the other answers in campaign finance—no finance law, and the complex- distinctions, ity such law has bred, but it is branches in understanding how one clearly correct way of holding far from unique. The Court has unworkable rules, campaign finance practices and together concerns for freedom careened back and forth on the and illogical laws affect elections and the of speech and association, voter definition of the scope of cam- results. operations of government. information, equality, com- paign-related speech, and on Finally, aggressive judicial petitive elections, government the nature of the “corruption” review of campaign finance integrity, and administrabil- the Court has held is neces- laws is not needed to protect ity. Dejudicializing campaign sary to justify campaign finance democratic self-government. finance law would, at the very restrictions. Electioneering ads In theory, there is some danger least, facilitate variation accord- that denounce a candidate but that elected officials will mis- ing to state and local preferences avoid explicitly calling for her use campaign finance law to and circumstances, and such defeat may be considered not entrench themselves in office. state and local experimentation election-related and, thus, not But there is little evidence that could enhance our understand- subject to campaign finance campaign finance laws were ing of the impact of specific rules, much as independently adopted to favor incumbents, campaign finance proposals. sponsored ads that strongly or, given the built-in advantages So, too, a more modest judicial support a candidate cannot be incumbents have in raising role would respect the inevita- treated as contributions to her campaign money, that cam- bly political nature of campaign campaign. Political party con- paign finance regulation is any finance decision-making by let- tributions to a candidate can more pro-incumbent than the ting the democratic process play be limited, but—to the surprise absence of campaign finance. the leading role while still pro- of both political scientists and Certainly other countries with viding an outer bound of protec- ordinary people—the Court has much more restrictive cam- tion of constitutional rights.

ILL USTRATION BY michael austin LAW.COLUMBIA.EDU/MAGAZINE 55 at issue: handshake deals

Informal arrangements may be good for business, but they are bad for tax enforcement By Alex Raskolnikov, Charles Evans Gerber Professor of Law and Co-chair of the Charles E. Gerber Transactional Studies Program

Order, as Robert Ellickson reminded us more than a decade ago, can and does exist without law. Ellickson’s meticulous study of everyday life in rural Shasta County revealed that its farmers and ranchers build their relationships not by reference to their legal rights and obligations, but by relying on long-standing and pervasive norms of neighborliness. Neighbors help neighbors build, inspect, and repair fences, retrieve stray cattle, maintain the water supply, staff volunteer fire departments, and so on.

They do not ask each other mal practices everywhere they ignore their contractual rights able. Scholars argue that for a for payments, they do not enter looked: among grain and feed and obligations. Sometimes, variety of reasons social norms into contracts, and they reject merchants, cotton traders, dia- entrepreneurs sign agreements are more efficient than legally out-of-hand the idea of calling mond dealers, garment workers, that they (and even their law- binding written contracts, per- lawyers every time they do not lobster fishermen, beekeepers yers!) know to be unenforce- haps even Pareto superior. like something their neighbors and orchard growers, shippers able. They strongly prefer to Yet what if, to take Shasta have done. Shasta County’s and rail carriers, and many oth- do deals on a handshake and County as a classic example, we system of social control is built ers. Virtually every scholar who to resolve disputes “simply by considered some of the inter- on shared understandings that took time to ask businesspeople horse-trading over the phone.” actions described by Ellickson are always unwritten, almost how they actually conduct their All of these informal arrange- with an eye toward the tax law? always unstated, and frequently business reported that the infor- ments fall under the somewhat It would quickly become appar- unsupported by (or even con- mal arrangements were at least overused, extremely broad, ent that Shasta inhabitants trary to) the relevant legal rules. as important as the formal ones. and fairly ambiguous rubric routinely engage in all sorts of Shasta County is anything Businesspeople hire lawyers, of social norms. Social norms commercial transactions that, but unique. Researchers study- enter into elaborate contracts, scholarship is vast, and its if formalized, would produce ing everyday commercial inter- and then avoid calling their prevailing attitude toward its tax consequences for one or actions found similar infor- lawyers at all costs and (largely) object of study is mostly favor- both parties. Neighbors borrow

56 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 (“rent” in tax-speak) each other’s equipment. They help each other with chores such as fence web exclusive For a version of this essay building and maintenance including end notes, (i.e., they provide services to download the ebook. law.columbia.edu/ each other). Occasionally, one mag/at-issue neighbor supplies the other with building materials for a planning. These cases, no doubt, joint project. For tax purposes, represent just a small tip of the this transfer may be character- proverbial iceberg. It is remark- ized as a sale, depending on able how easily various rela- the circumstances. tional tax planning strategies Even this cursory analysis come to mind once one grasps suggests that in this world of the basic concept. These strat- neighbors helping neighbors, egies cost the government bil- one thing neighbors may help lions of dollars in lost revenues. each other do is reduce their Relational tax planning is tax liabilities. Rental and ser- possible (and likely) whenever vices income, if actually paid the tax law relies on the so- to lessors and service-provid- called risk-based rules. These ers, would be clearly taxable rules pervade the Internal Reve- to them. The amount realized nue Code, the Treasury Regula- from a sale of property is also tions, and the tax common law. taken into account in comput- But their sheer number does ing taxable income. While there not determine the magnitude may be an offsetting deduc- of the problem. Most impor- tion for the lessees and service tantly, risk-based rules defend recipients, it will not always major fault lines of our income be available immediately, or While the analysis of rela- It is remarkable tax system. The realization even at all. tional tax planning is still in how easily requirement, double taxation Nothing in Ellickson’s story early stages, it is already quite various of corporate income, worldwide suggests that Shasta County’s clear that the problem is wide- taxation of U.S. residents, U.S. dominant social norm of “live spread, extending well beyond relational taxation of (certain) U.S.-source and let live” has any connection the relatively well-understood tax planning income of foreign taxpayers, to tax planning. Most likely, a phenomenon of intrafamily strategies come tax ownership, the distinc- suggestion that neighborly hab- tax structuring and neighborly to mind once one tion between risky and risk- interactions. Relational tax less returns, as well as between its exist to lower their tax bills grasps the basic would outrage the county’s old- planning is key to major tax capital and labor income, are all timers. If the same is true of all avoidance strategies developed concept. These protected by risk-based rules. informal interactions, if the big- by financial markets in recent strategies cost All of these doctrines and dis- gest concern is that some tacit years. Variable delivery pre- the government tinctions are vulnerable to rela- understandings occasionally paid forwards, actively traded billions of tional tax planners. give a few cooperative taxpay- cross-border swaps, and struc- Regulatory warnings about dollars in lost ers a modest tax break, the situ- tured loans by offshore hedge implicit understandings and ation is not exactly dire. funds are just some examples. revenues. tax common law anti-abuse Unfortunately, not all social Charitable organizations and doctrines don’t come close to norms are as innocuous as those wealthy benefactors have relied being effective. Academics that exist in Shasta County. on relational tax planning for have done little to assist poli- More broadly, taxpayers years. And it is no secret that cymakers with devising alter- avoid all sorts of tax liabilities the entire tax shelter industry native approaches. While my through what I have called rela- flourished in the late 1990s and recent work has started to rem- tional tax planning—a form early 2000s due in large part to edy this deficiency, it also made of tax minimization that relies numerous tacit understandings clear that the problem has no on relational contracts. This among various participants. easy solutions. tax planning occurs whenever Case law analysis provides taxpayers deliberately avoid further evidence. A significant This essay was reprinted from formalizing certain aspects of portion of hundreds of cases the Sesquicentennial Essays of their transactions in order to invoking tax anti-abuse doc- the Faculty of Columbia Law avoid undesirable tax results. trines involves relational tax School. © 2008 Alex Raskolnikov

ILL USTRATION BY james steinberg LAW.COLUMBIA.EDU/MAGAZINE 57 class notes: Staying in Touch

Columbia Law School graduates from around the world share news of their professional and personal accomplishments

1948 Arthur W. Murphy, the Joseph N.Y., where he specializes in who has been arbitrating and Slade Gorton, a former U.S. Solomon Professor Emeritus in estate planning and tax law. mediating labor-management senator, was recently appointed Wills, Trusts, and Estates, taught Scaccia has been practicing and employment disputes for to serve on the Washington his last Torts class at Columbia law for 62 years. more than 40 years, is the first State Redistricting Commis- Law School this past December. arbitrator to receive this award sion. Gorton is of counsel at Murphy, who first joined the fac- 1951 from the fund. the law firm of K&L Gates. ulty in 1963, is now retired from Herbert Levy wrote a book the Law School. titled Henry Morgenthau, Jr.: 1952 Harry Waitzman, a lawyer The Remarkable Life of FDR’s Donald A. Robinson is a and retired judge, recently 1949 Secretary of the Treasury partner at Robinson, Wettre completed work on his third (Skyhorse Publishing: 2010). & Miller, a litigation boutique book, titled The Zoo Between In addition to the book, Levy in Newark, N.J. Robinson My Ears, and is currently has written articles for The specializes in business and looking for a publisher. Pre- Journal of Housing and the commercial litigation, as well viously, Waitzman published New York State Bar Journal. as in media law, employment two books of poetry. law, and appellate work. 1955 1953 Michael I. Sovern recently Miriam Goldman Cedarbaum, received Columbia Law a judge at the U.S. District School’s Lawrence A. Wien Court for the Southern District Prize for Social Responsibility. of New York, presided over the Sovern is the Chancellor Kent sentencing of Faisal Shahzad, Professor of Law at the Law Edward Barshak, a partner the man who confessed to School and president emeritus in the Boston civil litigation orchestrating a failed plot to of Columbia University. firm of Sugarman, Rogers, detonate a car bomb in Times Barshak & Cohen, was selected Square in May of 2010. In 1958 for inclusion in the 2011 edition George Nicolau recently sentencing Shahzad to life Carl Neil received a 2011 of The Best Lawyers in America. received a Lifetime Achievement in prison, Cedarbaum said Leadership in Law award from Barshak has been listed in Best Award from the Peggy Brown- to him: “You are a young the Daily Journal of Commerce Lawyers since 1983. ing Fund, a nonprofit organiza- man, and you will have a lot in Portland, Ore. Neil is a tion that provides law students of time to reflect about what partner at Lindsay Hart Neil & Dante M. Scaccia operates a with fellowships centered on the you have said today, and Weigler in Portland, where he private law firm in Syracuse, issue of workers’ rights. Nicolau, what you have done.” (continued on page 60)

58 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 class of: ’75

Harvey J. Wolkoff Major League

Harvey J. Wolkoff ’75 maintains what he calls “a shrine to to losses, causing a run that “broke the buck” when the the Yankees” in his office. Similar setups likely surround the net asset value dropped below $1. Ultimately, Wolkoff suc- desks of law firm partners throughout Manhattan. How- ceeded in obtaining 99 cents on the dollar for Ameriprise. ever, Wolkoff’s office at Ropes & Gray overlooks Boston’s Outside the courtroom, Wolkoff celebrated his son’s Charles River and Fenway Park, home of the Red Sox, graduation from Columbia Law School recently and is not the Yankees’ long-standing rival. “I don’t know if [being a shy about sharing fond memories of his alma mater. “The Yankees fan in Boston] takes dedication or being incred- quality of the professors and the students just absolutely ibly thick skinned,” the Long Island native admits with blew me away,” he says. “I thought to myself at the time, a chuckle. ‘Now I’m not only in the major leagues, but also in the all- Wolkoff specializes in complex litigation at Ropes & star game.’” Gray and adds that feeling impervious to outside pressure also serves him well in the courtroom. “It helps as a litigator to be very “It helps as a litigator to be very focused and not be bothered by the slings focused and not be bothered by the and arrows of your opponent,” Wolkoff says. slings and arrows of your opponent.” “Our job is to take the complex and make it —Harvey J. Wolkoff simple. There’s an art to that.” One of Wolkoff’s most high-profile clients is Ameriprise Financial, which he represented in a headline-making 2008 suit against a money market fund. He successfully argued that the Reserve Fund tipped off investors

LAW.COLUMBIA.EDU/MAGAZINE 59 focuses on maritime matters, top 10 attorneys in the state. greater Boston. Miller recently Tribunal for the Law of the as well as on commercial litiga- Rowe was also selected for received the Roxbury Pudding- Sea, which is headquartered tion and contract preparation. inclusion in the general com- stone Award in honor of his in Hamburg, Germany. mercial litigation category of contributions to Discover Rox- 1960 Chambers USA: America’s Lead- bury, a nonprofit organization Robert P. Watkins III Michael Baram, Professor ing Lawyers for Business 2010. in Roxbury, Mass., dedicated serves as of counsel at the law of Law Emeritus at Boston to supporting the community’s firm of Williams & Connolly in University School of Law, 1962 economy and culture. Washington, D.C. Watkins is co-edited a new book, titled James S. Levin, a partner at also a mediator with McCam- Governing Risk in GM Michael Best & Friedrich, was Robert R. Salman recently mon Group, a firm specializing Agriculture (Cambridge selected by Best Lawyers as Mil- became special counsel to the in alternative dispute resolution, University Press: 2011). The waukee’s “Lawyer of the Year” in law firm of LaRocca Hornik and an arbitrator with the Amer- book examines the evolu- the area of real estate law. Rosen Greenberg & Blaha, ican Arbitration Association. tion of safety regulations which has offices inN ew York for genetically modified 1963 City and New Jersey. 1966 food products in the United Stephen Gross joined the Christopher R. Seppälä, States and Europe. boutique corporate law firm 1965 a partner in the Paris office of Levett Rockwood in West- Helene Schwartz Kenvin of White & Case, recently Arthur H. Miller recently port, Conn. wrote Silk Road Adventures: delivered a keynote speech on joined Rebenack, Aronow & Among the Jews of the Caucasus dispute board decisions and Mascolo, where his practice Edward J. Klein is a rabbinic and Central Asia (Robertson recommendations at the Post- will center on personal injury candidate at the International Publishing: 2010). In the book, graduate Center of the Univer- matters, business law, bank- Institute for Secular Human- Kenvin recounts her enlighten- sity of Vienna. Seppälä, who ruptcy, civil litigation, estate istic Judaism. ing and, at times, dangerous specializes in international planning, and probate. The experiences traveling through- arbitration, visited the cen- New Brunswick, N.J., law firm Peter Linzer recently com- out Uzbekistan, Tajikistan, ter to help inaugurate a new is now known as Rebenack pleted volume six of the revised Kazakhstan, and Turkmenistan, course on international con- Aronow Mascolo Miller. edition of Corbin on Contracts, among other countries in the struction law at the university. a series published by Lexis- Caucasus region. 1961 Nexis Matthew Bender. Linzer 1967 is a professor of law at the Uni- Burton Lehman, of counsel in Norman L. Cantor, Profes- versity of Houston Law Center. the Manhattan office of Schulte sor of Law and Justice Nathan Roth & Zabel, was appointed by L. Jacobs Scholar Emeritus at Stephen Reich, who holds Mayor Michael Bloomberg to Rutgers School of Law–Newark, a Ph.D. in clinical psychology, serve as a member of the New recently published his fourth serves as the director of the York City Conflicts of Interest book, After We Die: The Life Forensic Psychology Group, a Board. The board is an indepen- and Times of the Human New York City–based firm that dent five-person agency charged Cadaver (Georgetown Uni- provides expert forensic psycho- with interpreting and enforcing versity Press: 2010). The book logical services to law firms and the city’s conflict of interest and explores the physical, legal, and lawyers around the country. financial disclosure laws. moral constraints applicable to methods of dealing with the 1964 Bernard H. Oxman, the human body postmortem. Paul A. Rowe, chairman of Melvin B. Miller is the Richard A. Hausler Profes- Greenbaum Rowe Smith & founder and publisher of The sor of Law at the Univer- Howard Cox was elected to Davis in Iselin, N.J., was listed Bay State Banner, a weekly sity of Miami School of Law, the board of trustees of the in the New Jersey edition of newspaper that serves the Afri- recently was appointed judge Population Council, a Super Lawyers as one of the can-American community in ad hoc of the International (continued on page 62)

60 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 Robin Miller Making Connections

Even from a young age, Robin Miller ’81, a founding part- Her new role proved a perfect fit. One year later, Miller ner at CMW Legal Search Consultants, aimed for excel- and several colleagues formed CMW Legal Search, a thriv- lence in every endeavor. Born and raised in Queens, N.Y., ing boutique consultancy in New York City. Miller began taking figure skating lessons in elementary Over the past 20 years, Miller has helped the company school. Those initial sessions soon morphed into rigorous grow by maintaining strong business relationships. “We training, and by the time she finished high school, Miller live in a very fluid market, and it takes a lot of time and had competed in events all over the country. energy to keep on top of that,” says the mother of two Despite her achievements, Miller was eager to explore boys, the oldest of whom graduated from Columbia Busi- life outside the rink. So she enrolled at Barnard College ness School this year. “We like to get to know our clients (teaching skating on the side to earn extra money) and well enough that we know exactly what they want.” focused on her education. The former athlete quickly evolved into an erudite economics major and, in 1981, a In 1989, Miller decided to tackle newly minted lawyer en route to a career in corporate law. a new challenge and entered Miller spent her first few years out of law school work- the legal search field. Her new ing both in-house at a national bank and at large law firms role proved a perfect fit. in Manhattan. Then, in 1989, she decided to tackle a new challenge and entered the legal search field. “I think I never found my niche [as a practicing attorney],” Miller recalls. “But I always liked the people I was working with, and I enjoyed talking to them about their lives and careers.”

class of: ’81

LAW.COLUMBIA.EDU/MAGAZINE 61 1968 nonprofit, nongovernmental, Robert Blanc, of counsel in of Shearman & Sterling before 2011 Super Lawyers list of international organization that the Houston office of Gardere heading in-house as general best employment and labor helps build research capacities Wynne Sewell, recently was counsel of Cray Inc., a com- law attorneys in America. in developing countries. For named to the 2010 list of puter company headquartered McPhillips, a civil rights 40 years, Cox has been work- Texas Super Lawyers. Blanc in Seattle. attorney and trial lawyer, is ing with Greylock Partners, a specializes in legal matters the senior partner, founder, venture capital firm based in related to bankruptcy and 1970 and president of McPhillips California’s Silicon Valley. business reorganization. Charles E. Donegan, LL.M., Shinbaum in Montgomery, Ala. recently served as a volunteer Charlotte Moses Fischman, Stephen H. Case recently moot court judge for both the 1972 partner and general counsel received the Medal for American Bar Association Frank Aronson is a partner in the New York City office Excellence, Columbia Law Regional Law Student Labor at Posternak Blankstein & of Kramer Levin Naftalis & School’s highest honor, at the Law Trial Advocacy competi- Lund in Boston and focuses Frankel, was honored at a 2010 62nd annual Winter Lun- tion and the American Bar his practice mostly on awards ceremony organized by cheon. Case is the managing Association Regional Law commercial real estate the National Alliance on Mental director and general counsel Student Arbitration Advocacy transactions. Aronson, a Illness (NAMI) of New York of Emerald Development Competition. Donegan, a for- member of the firm’s business City. NAMI recognized Fis- Managers, a venture capital mer law professor, has been a and real estate departments, chman for her work with The and private equity firm. labor arbitrator since 1971. has served on the faculty of September 11th Fund, for which several continuing legal she has helped 9/11 victims and 1969 1971 education seminars. He has their families secure mental Richard J. Davis, a partner Max W. Berger recently two grandchildren and a third health and substance abuse in the New York City office of received the Medal for Excel- on the way. benefits. She was also honored Weil, Gotshal & Manges, was lence, Columbia Law School’s for her efforts in launching the elected chairman of the board highest honor, at the 62nd Network of Care, an online of The Legal Aid Society. Davis, annual Winter Luncheon. mental health resource. who specializes in general liti- Berger is a founding partner gation work and matters related of Bernstein Litowitz Berger Irv Nathan was nominated to white-collar crime, has & Grossmann, a law firm with to serve as attorney general served on the organization’s offices inN ew York, California, for the District of Columbia. board for more than a decade. and Louisiana. Previously, he was general counsel of the U.S. House of Roderick Ireland was Dana Freyer recently was Representatives. Formerly named chief justice of the honored with a $50,000 a partner at the law firm of Massachusetts Supreme Purpose Prize for her work Arnold & Porter, Nathan has Judicial Court, the highest as the co-founder of Global also served as an adjunct court in the state. Ireland, Partnership for Afghanistan, Lawrence A. Greenberg professor at Georgetown who has served as a judge for a nonprofit organization that joined U.S. Trust, Bank of University Law Center. more than 33 years, has been a assists rural Afghans in revital- America Private Wealth member of the Supreme izing woodlots, vineyards, and Management in Palm Beach, Dave Ryan recently was selected Judicial Court since 1997. He orchards. The Purpose Prize Fla., as senior vice president to serve a three-year term as is the first African-American to recognizes social entrepreneurs and private client adviser. co-chair of the New York Intel- serve as the court’s chief justice. over the age of 60 who are In a recent issue of the South lectual Property Law Associa- making an impact on issues of Florida Business Journal, tion’s amicus briefs committee. Kenneth W. Johnson recently global significance. Greenberg ranked 12th Previously, Ryan spent three retired from the practice of law. on the publication’s list of years on the association’s board Johnson spent the bulk of his Julian l. McPhillips JR. was the top 35 South Florida of directors. 41-year career at the law firm recently included on the (continued on page 64)

62 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 Alan Vickery Competitive Edge

When asked to describe his courtroom demeanor, litiga- “lawyer number 16” in a private practice that now includes tor Alan Vickery ’83 admits in thoughtful, measured tones more than 250 attorneys in 11 offices around the country. that he is understated. Vickery explains that he focuses on Vickery’s work at Boies in New York City has spanned building credibility with a judge and jury through earnest- a wide range of legal fields, including antitrust, financial ness and clarity. He pauses a beat. “I am extremely com- products, white-collar defense, and defamation litigation. petitive, though,” he adds with a grin. “Like any litigator, He currently represents current and former employees of I love to win and hate to lose.” the Galleon Group, a hedge fund under investigation for Vickery honed his litigation skills during seven years at alleged insider trading. the U.S. Attorney’s Office for the Eastern District of New Vickery has also experienced some moments that would York before joining Boies, Schiller & Flexner in 1999. As not be considered typical law firm fare: He once attended a one of the firm’s original partners, he describes himself as meeting in Yankee stadium while a game progressed on the field far below. In another memorable inci- “I am extremely competitive. Like any dent, a client zoomed him along the Daytona litigator, I love to win and hate to lose.” International Speedway at 150 miles per hour. —Alan Vickery Through it all, Vickery still thoroughly enjoys the time he logs in front of a judge. “Court is a place where common sense and sanity pre- vail,” Vickery says. “When you walk into court and sit at the counsel table, suddenly it seems as though all the nonsense falls away.”

class of: ’83

PHOTOGRAPHED BY daniel root LAW.COLUMBIA.EDU/MAGAZINE 63 wealth advisers. He was also Thomas G. Saylor, a jus- completed her term as chair- attorney with Merrill Lynch for recently designated as one tice on the Supreme Court of elect of the New York State Bar 25 years. of Worth magazine’s top 250 Pennsylvania, is serving as a Association’s Dispute Resolu- wealth advisers. jurist in residence at Widener tion Section and was named a University School of Law in fellow to the College of Com- Harrisburg, Penn. mercial Arbitrators.

John Sand Siffert, a partner Edward G. Williams serves at Lankler Siffert & Wohl in as of counsel at Stewart Occhi- New York City, was honored pinti in New York City. He rep- with the American Inns of resents athletes and national Court 2009 Professionalism sport governing bodies on Award for the 2nd Circuit issues arising under the Ted Court of Appeals. Siffert Stevens Olympic and Amateur received the award in recogni- Sport Act of 1978. Five of his tion of his service as a longtime clients competed in the 2010 Steven L. Schwarcz spent adjunct law professor and for Vancouver Olympics. this past fall as the Leverhulme Edwin A. Harnden, manag- his work establishing teaching Visiting Professor of Law at ing partner at Barran Liebman programs for young lawyers Frederick Y. Yu, an attorney Oxford, where he presented in Portland, Ore., recently was working at Legal Services NYC. in the Denver office of Sher- three university-wide lectures inducted as a fellow of the man & Howard, was recently about the causes and conse- American College of Trial Law- 1973 named by Best Lawyers as quences of the global financial yers and named vice president Robert R. Belair was selected Denver’s 2011 “Lawyer of crisis. Schwarcz is the Stanley of the board of directors for the to lead the Washington, D.C., the Year” in the field of health A. Star Professor of Law & Multnomah Bar Foundation. office of Arnall Golden Greg- care law. Yu is a member Business at Duke University ory, which opened in Janu- of the firm’s business and and the founding director of J. Anthony Manger was ary. Belair, an accomplished corporate team. the school’s Global Capital elected president of the board privacy attorney, is a founding Markets Center. of trustees of the Commission partner of Oldaker, Belair & 1974 on Accreditation for Home Wittie and served for many Eugene V. Kokot heads the 1975 Care, a nonprofit organiza- years as co-editor of Privacy trusts and estates department Sam Estreicher recently tion that reviews and accredits & American Business, a busi- at Katsky Korins in New York received the Susan C. Eaton home health care agencies ness periodical dealing with City. His son, Matthew, is Outstanding Scholar-Practi- throughout New Jersey. privacy-related issues. scheduled to graduate from tioner Award from the Labor Manger is a member of the Columbia Law School in 2012. and Employment Relations Bridgewater, N.J., office of Curtis s. Shaw is the executive Association during its annual Norris McLaughlin & Marcus, vice president and general coun- V. James Mann recently joined meeting in Denver. where he serves as head of the sel of Styron, a global materials the New York City office of firm’s health care law group. company specializing in plastics, JAMS, the largest provider C. James Frush recently latex, polystyrene, and rubber. of mediation and arbitration returned from an interna- Anthony J. Mohr, a Los services worldwide. Mann tional climbing expedition in Angeles Superior Court judge, Edna Sussman, who works in specializes in a variety of areas, Nepal, where he successfully and his colleague Judge Eliza- private practice as an arbitrator including securities, banking, ascended a 20,000-foot peak. beth Allen White co-authored and mediator, was appointed arbitration, and commercial Since 2000, Frush, an avid a new book, titled California to serve as the Distinguished class actions, and serves as a outdoorsman, has climbed Paralegal Manual: Civil Tri- ADR Practitioner in Residence member of the firm’s financial seven peaks that extended als and Evidence (The Rutter at Fordham University School markets group. Mann previ- higher than 20,000 feet. Group: 2010). of Law. Sussman also recently ously served as an in-house (continued on page 66)

64 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 class of: ’01

Marion Leydier Goal Oriented

On a sunny winter day in New York City, Marion Leydier ’01 the office. “I like knowing that I’ve done something as well appears at home in her spacious Sullivan & Cromwell as it could possibly be done,” she explains. office, where the view extends from the southern edge of Born in Lyon, France, Leydier earned a business degree Manhattan across the East River to Brooklyn. Thick case in Paris. She then moved to New York, a city she had never files, neatly bound and boldly labeled, line the bookshelves before visited, based on her acceptance to the Law School’s behind her. Names of leading financial institutions—BNP four-year J.D./Master in French Law Program. As part of the Paribas, Prudential, Citadel—are written clearly on the program, she also studied at the Université de Paris I Pan- spines and represent a catalog of Leydier’s domestic and théon-Sorbonne. While she returns to France to visit her cross-border corporate and financial practice. family and friends about three times a year, Leydier loves Leydier, who was named a partner at Sullivan & Crom- New York, and the avid fan of opera and dance is happily well at the beginning of last year, has recently focused settled in a city where she feels most able to help her clients. on the reorganization of distressed companies. In 2009, she was part of a team repre- Leydier takes pride in examining every senting the creditors of CIFG Holding Ltd. in detail and pursuing every angle on behalf an out-of-court restructuring, a transaction of her clients. that received the International Financial Law Review Americas Award for Restructuring Deal of the Year. Leydier takes pride in examining every detail and pursuing every angle on behalf of her clients—during a busy stretch, she says she spends as many as 100 hours a week in

PH OTOGRAPHED BY VERONIKA CERNADAS LAW.COLUMBIA.EDU/MAGAZINE 65 Benjamin L. Greenberger Winfred T. Colbert recently ously, Berger was a member after practicing on his own recently was appointed to serve joined the Houston office of Pomerantz Haudek Block for 19 years. He and his wife, as a judge on the Jerusalem of Vorys, Sater, Seymour Grossman & Gross. Joanne, have four children. District Court, which is the and Pease as a partner in intermediate court of appellate the firm’s environment and Carolyn Hotchkiss recently Debra T. Hirsch joined Fox jurisdiction, directly below the energy groups. Previously, was named dean of faculty at Rothschild as a partner. Israeli Supreme Court. Previ- Colbert served as chief attor- Babson College. Hotchkiss has Hirsch, who works at two ously, Greenberger served as a ney at the Goodyear Tire & been a professor at the college of the law firm’sN ew Jersey Family Court judge in Jerusa- Rubber Company. since 1986. offices, specializes in estate lem for 12 years. and gift tax planning, as well Ellen Oran Kaden, senior as in the preparation of wills 1976 vice president for law and and trusts. Bert Deixler recently joined government affairs at Camp- the Los Angeles law firm of bell Soup Company in Peter V. Koenig serves as Kendall Brill & Klieger as a Camden, N.J., was honored counsel in the Freehold, N.J., partner. Deixler previously with Legal Momentum’s 2010 office of Lomurro, Davison, practiced as a partner in the Aiming High Award. The Eastman & Muñoz. Los Angeles office of Pros- award recognizes women who kauer Rose. have made significant Harlan Levy recently was contributions to the nation’s selected to serve as first deputy Steve Fischer was recently most successful companies. attorney general under New elected to serve his third term York Attorney General Eric on the board of directors for Farley Katz, a partner at Suzanne McSorley, a share- Schneiderman. Levy previously BL Companies, an architec- Strasburger & Price, was holder in the Princeton, N.J., served as a partner in the New tural, engineering, and envi- named by Best Lawyers as San office of Stevens & Lee, recently York City office of Boies Schil- ronmental firm with locations Antonio’s Lawyer of the Year led an informational session ler & Flexner. in New York, Connecticut, in the field of tax law. Katz on mediation at the annual Maryland, and Pennsylvania. focuses on civil and criminal meeting of the New Jersey George W. Madison, tax controversies and provides Association of Corporate general counsel of the U.S. Marc D. Stern was named advice on complex tax issues. Counsel. McSorley specializes Department of the Treasury, associate general counsel for in commercial litigation and recently received the Wil- legal advocacy with the Ameri- 1978 dispute resolution. liam Nelson Cromwell Award can Jewish Committee, an Leslie Leach, a former state from the New York County international advocacy organi- Supreme Court justice, recently Menachem Z. Rosensaft, a Lawyers’ Association. The zation. Previously, Stern served was named appointments sec- distinguished visiting lecturer award recognizes members of as general counsel for the retary to New York Governor at Syracuse University Col- the legal profession who have American Jewish Congress. Andrew Cuomo. Leach previ- lege of Law, was appointed provided “unselfish service” ously served as Cuomo’s deputy by President Barack Obama to both the profession and 1977 attorney general for the division to serve on the United States the community. Charles G. Berry is a litiga- of state counsel. Holocaust Memorial Council. tion partner in the New York The council oversees the U.S. D. Stephen Mathias recently City office of Arnold & Porter, 1979 Holocaust Memorial Museum was appointed by United where he concentrates on for- Daniel Berger recently in Washington, D.C. Nations Secretary-General Ban eign bank representation and joined the New York office of Ki-moon to serve as assistant trusts and estates disputes. Grant & Eisenhofer, where he 1980 secretary-general for legal Berry’s son, Nicholas, is a will serve as the firm’s director. Robert E. Goodman Jr. affairs. In his new role, Math- member of the Columbia Busi- Berger specializes in interna- recently joined the firm of ias will be the head of the U.N.’s ness School Class of 2012. tional litigation matters. Previ- Kilgore & Kilgore in Dallas Office of Legal Counsel.

66 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 Ronald Minkoff is a partner Connie Simmons is the presi- programs. Barre has been a director of public interest pro- in the New York City office dent of SimmonsArt Inc. She member of Tigrent’s board fessional development and pro of Frankfurt Kurnit Klein & recently produced and directed since 2008 and most recently bono programs. Selz, where he is a member the PBS series Landscapes served as the company’s lead of the firm’s litigation group. Through Time with David independent director. 1985 The publication Best Lawyers Dunlop, which received a recently listed Minkoff as its 2009 Daytime Emmy Creative Christopher Cerf, a former 2011 New York Ethics and Arts Awards nomination for deputy chancellor for New Professional Responsibility outstanding direction. Sim- York City schools, was nomi- Lawyer of the Year. mons previously served as vice nated to serve as New Jersey’s president of Columbia TriStar education commissioner by Alaine Williams, LL.M., a and was part of the team that Governor Chris Christie. At the partner with Willig, Williams launched the Food Network time of his nomination, Cerf & Davidson in Philadelphia, in 1993. was the CEO of Sangari Educa- recently was named a Best tion, a global math and science Lawyer in America for 2011 by Thomas Vinje, a partner in technology company. U.S. News & World Report. the Brussels office of Clifford Chance, recently became chair Sheila C. Cheston recently 1981 of the firm’s global antitrust joined Northrop Grum- Karen DaCosta Perzan Mark w. Bayer, a partner in group. In that role, Vinje will man Corporation, a leading recently became a partner in the Dallas office of Gardere help develop and lead the firm’s global security company, as the Milwaukee office of Quar- Wynne Sewell, was recently antitrust practice in Asia and corporate vice president and les & Brady. DaCosta Perzan is included in the 2010 list of the United States. general counsel. Previously, a member of the firm’s real Texas Super Lawyers. Bayer Cheston served as the execu- estate group and its commer- specializes in antitrust litigation. 1983 tive vice president at BAE cial leasing industry team. Donald B. Verrilli Jr. was Systems Inc. 1982 recently appointed to serve as Derek Q. Johnson serves as Carol Baldwin Moody U.S. solicitor general by Presi- Daniel B. Kohrman was chief executive officer of Yéle recently became senior vice dent Barack Obama. Verrilli named a member of the Haiti, a Haitian public service president and chief risk officer most recently served as White American Diabetes Association organization that focuses its of Wilmington Trust, a finan- House deputy counsel. board of directors. Kohrman charitable work on earthquake cial services holding company is a senior attorney for AARP disaster relief in the country, based in Wilmington, Del. Joe Wayland recently joined Foundation Litigation, a divi- among other projects. Moody will head the company’s the U.S. Department of Jus- sion of the foundation that newly centralized enterprise tice, where he will serve in the advocates for the rights of Richard A. Kempf joined risk management division. Antitrust Division as deputy people 50 and older in courts the Edina, Minn., firm of assistant attorney general for nationwide. Kohrman has Hellmuth & Johnson. Previ- Andrea Lee Negroni civil enforcement. Previously, served as a volunteer for the ously, Kempf was a partner published an article titled Wayland was a partner in the American Diabetes Association with Maslon Edelman Bor- “What They Didn’t Teach New York City office of Simp- for seven years. man & Brand. You in Law School” in the son Thacher & Bartlett. December 2010 issue of Madeleine Kurtz, a public Sean d. Murphy, a professor Washington Lawyer. Negroni 1984 interest lawyer and former at The George Washington currently serves as of counsel Steven C. Barre was associate director for public University Law School, was in the Washington, D.C., named chief executive officer interest at Seton Hall Univer- nominated to serve on the U.N. office of BuckleySandler, a of Tigrent Inc., a company sity School of Law, recently International Law Commis- law firm specializing in based in Cape Coral, Fla., that joined Columbia Law School’s sion. If Murphy is elected to financial services. provides investor education Social Justice Initiatives as the serve by the U.N. General

LAW.COLUMBIA.EDU/MAGAZINE 67 Assembly this fall, he will research affairs at Children’s partner at Skadden, Arps, and associate general counsel help advance the commis- Hospital Boston. Slate, Meagher & Flom. in the legal department at sion’s goal of promoting the JPMorgan Chase. Wahrman- development and codification 1987 Frieden lives in New York City of international law. Andrew Bernstein is a with her husband and their partner in the Paris office two children. of Cleary Gottlieb Steen & Hamilton. This year, he 1988 represented Iraq’s Ministry Mitchell B. Reiss recently of Oil in transactions with became the 27th president international oil companies, of Washington College in including a major project to Chestertown, Md. Reiss increase electricity produc- served as President George tion in the Basra region. W. Bush’s special envoy for the Northern Ireland peace Linda D. Perkins joined the process from 2003 to 2007. Philadelphia office of Archer During that time, Reiss also & Greiner as a partner in the led the State Department’s Daniela Weber-Rey, LL.M., firm’s litigation department. Office of Policy Planning. recently was named a stake- Previously, Perkins served as holder at the European Insur- chief of the Insurance Fraud Timothy B. Tomasi was ance and Occupational Pen- Unit in the Philadelphia disappointed to serve as a Supe- sions Authority. Weber-Rey is trict attorney’s office. rior Court judge in Vermont. a partner at Clifford Chance Tomasi, who is also a graduate in Frankfurt, Germany, of Columbia College, previ- specializing in international ously worked as an assistant mergers and acquisitions. U.S. Attorney for the state.

1986 Stefano Galli, LL.M., 1989 Young-Cheol “David” recently celebrated the publi- Wei Sun Christianson, Jeong is a professor at cation of his second book, managing director and chief Yonsei Law School in Seoul, La disciplina italiana in executive officer for China South Korea. Jeong teaches tema di abusi di mercato and co-CEO, Asia Pacific at corporate law and interna- (IPSOA: 2010). The book Morgan Stanley, was recently tional law. examines Italy’s securities elected to the board of direc- laws, specifically legislation tors for the Estée Lauder Patrick Taylor is a mid- introduced in 2005 dealing Leonora “Lenny” Gross- Companies Inc. Christianson, career fellow at the Petrie- with market abuses. wasser Schloss joined the who is based in Beijing, will Flom Center for Health Law Los Angeles office of Jackson now serve as a member of Policy, Biotechnology, and David Meister was appointed Lewis as an employment the nominating and board Bioethics at Harvard Law to serve as director of enforce- partner. Previously, Schloss affairs committee. School. Taylor is also an ment for the Commodity chaired the employment assistant clinical professor Futures Trading Commis- practice group at Sedgwick Eileen Smith Ewing joined at Harvard Medical School, sion. Meister will investigate Detert Moran & Arnold in the Boston office of Foley where he was formerly a instances of alleged fraud, Los Angeles. Hoag. Ewing currently serves lecturer. Previously, Taylor market manipulation, and as co-chair of the firm’s life served as deputy general abusive trading practices. Miriam Wahrman-Frieden sciences group. counsel and chief counsel for Previously, Meister was a serves as senior vice president (continued on page 70)

68 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 Christian Moretti Leading the Way

Christian Moretti ’01 LL.M., an attorney specializing in intensive coursework (plus the occasional pickup basket- international corporate law at Greenberg Traurig in New ball game with Johnson), Moretti decided to pursue an York City, was recently named president of the Colum- LL.M. degree at the Law School. Johnson readily supplied bia Law School Association, making him the first LL.M. a glowing letter of recommendation. graduate to hold that position. Moretti notes that the LL.M. program was critical in his In addition, he is likely the first association president transformation from criminal defense attorney to interna- who once played professional basketball in Italy. Moretti, tional corporate lawyer. Now, as president of the alumni who hails from that country, prefers to downplay the lat- association, he is looking to give back by engaging the ter achievement. (In fact, he chuckles nostalgically at the growing network of graduates overseas. “I feel like this memory, humbly stating that he “used to play basket- should be my mission,” Moretti explains. “These days, it ball.”) But the sport has played a central role in his life and is so important to accomplish the goals of the alumni helped place him on a path to the Law School. association on a global level.” In 1999, Moretti, then a criminal defense attorney, enrolled in a Law School–sponsored summer course at as president of the alumni the University of Amsterdam designed to inform foreign association, Moretti is looking practitioners about American legal practice. Conrad to give back by engaging the Johnson served as one of his professors, and the two bonded growing network of graduates over basketball. “We share the same passion for the Knicks,” overseas. recalls Moretti, who delivered well-received opening remarks at the Law School’s Winter Luncheon in February. The summer program nurtured Moretti’s then-nascent interest in international law. And after four short weeks of

class of: ’01

LAW.COLUMBIA.EDU/MAGAZINE 69 Barington’s non-investment Pierre Gentin recently was firm’s health and FDA business operations and counsels the named global head of litigation practice. Previously, Hargan company on legal, business, for Credit Suisse. Gentin, who is was a partner with McDermott and strategic matters. based in New York City, will also Will & Emery. serve as the bank’s head of repu- Nina Perales recently was tation risk for the Americas. promoted to serve as litigation director of the Mexican Ameri- Nelson D. Johnson recently can Legal Defense and Educa- was elected partner in the New tional Fund. Previously, Perales York City office of Arnold & worked as the organization’s Porter. Johnson serves as a Southwest regional counsel. member of the firm’s environ- Carolyn Hochstadter mental group and focuses his Dicker operates a solo law Anika Rahman, LL.M., recent- practice on litigation, regula- practice, which was recently ly was named president and tory counseling, land use, and certified as a WBE (Woman- CEO of the Ms. Foundation for transactional matters. owned Business Enterprise) Women, which provides fund- Alexandra LaCombe was by the State of New Jersey and ing and strategic resources to 1993 named partner in the Troy, the Commonwealth of Penn- organizations that promote the Mylan Denerstein was Mich., office of Fragomen, sylvania. Hochstadter Dicker well-being of women across named counsel to New York Del Rey, Bernsen and Loewy, specializes in the areas of cor- the globe. Rahman previously Governor Andrew Cuomo. where her legal practice cen- porate and bankruptcy law. spent six years at the helm Denerstein previously served ters on employment-related of Americans for the United as Cuomo’s executive deputy immigration matters, as well 1990 Nations Population Fund, an attorney general for social jus- as on immigration compliance. Da Chen, the best-selling organization dedicated to sup- tice and as a federal prosecutor She also serves as an adjunct author of five books, recently porting the United Nations’ in Manhattan. professor at the University of received the Spirit of America women’s health agency. Detroit Mercy School of Law. award from the National Coun- j. Wylie Donald, an attorney cil for the Social Studies. Each 1991 in the Wilmington, Del., office 1994 year, the award recognizes an Frederick G. Slabach, LL.M., of McCarter & English, recently David Boling is the senior individual who exemplifies the executive secretary and chief spoke on rising sea levels at policy and legal analyst at the American democratic spirit. executive officer of the Harry S. conferences held by the Urban Arkansas Center for Health Truman Scholarship Founda- Coast Institute and the Ameri- Improvement. Boling also Jeanne Hamburg, a member tion in Washington, D.C., was can Institute of Architects. teaches antitrust law as an of the New York City office of appointed to serve as the 19th adjunct professor at the Norris McLaughlin & Mar- president of Texas Wesleyan Daniel Glaser recently was University of Arkansas at cus, was selected for inclusion University. Slabach’s term as nominated by President Barack Little Rock William H. Bowen in the intellectual property president began in January. Obama to be assistant secretary School of Law. and IP litigation sections of for terrorist financing at the the New York Super Lawyers 1992 Department of the Treasury. Richard C. Hsu recently metropolitan edition. Gregory Ballard recently Glaser has served as the Treasury joined the Silicon Valley office joined the New York City office of Department’s deputy assistant of King & Spalding, where he Jared L. Landaw is the Sidley Austin, where he focuses secretary for terrorist financing is a partner and member of chief operating officer and his legal practice on securities and financial crimes since 2004. the corporate practice divi- general counsel of Barington and complex commercial litiga- sion. Hsu, who was previously Capital Group, a New York tion matters in federal and state Eric D. Hargan joined the at the firm of Kilpatrick City investment firm. In that courts, as well as before various Chicago office of Greenberg Townsend, specializes in position, Landaw oversees regulatory agencies. Traurig as a shareholder in the complex licensing transactions

70 COLUMBIA LAW SCHOOL MAGAZINe summer 2011

in the technology and life vides programs and support Orange, N.J., was named to 1998 sciences sectors. services for at-risk women, the New Jersey Law Journal’s Laura R. Bach, an assistant children, and families. Kitsos, 2010 “Forty Under 40” list of U.S. Attorney in Washington, who previously served on the the state’s leading young attor- D.C., was honored with the organization’s board of trust- neys. Israel, who practices in John Marshall Award for Trial ees, manages TBL Companies, the firm’s litigation group, spe- of Litigation at the 58th annual a Century City–based business cializes in complex commercial Attorney General Awards cere- with holdings in real estate and litigation, intellectual property, mony. Bach was recognized for private investments. and entertainment law. her work on the legal team that investigated and prosecuted Benjamin Lawsky was Brad Meltzer created a the 22nd Street Crew, a violent named chief of staff for television series for the street gang in the Washington, New York Governor Andrew History Channel called Brad D.C., area. Alexander Snyder has been Cuomo. Previously, Lawsky Meltzer’s Decoded, in which appointed vice president, gen- served as general counsel his team of investigators Christopher E. Loh was eral counsel, and corporate sec- to Cuomo’s gubernatorial seeks to uncover historical elected partner in the New retary of Hawker Beechcraft campaign and as the former secrets. Meltzer also recently York office of Fitzpatrick, Cella, Corporation, a major aircraft attorney general’s deputy released a new novel titled Harper & Scinto. Loh practices manufacturer headquartered counsel and special assistant. The Inner Circle (Grand intellectual property law with in Wichita, Kan. Central Publishing: 2011). an emphasis on biotechnology Cenk Uygur is the creator of and Hatch-Waxman pharma- Mara Verheyden-Hilliard, the Internet video program The 1997 ceutical patent litigation. co-founder of the Partnership Young Turks, which features Melissa Elstein teaches yoga for Civil Justice in Washington, political and cultural commen- and qigong at various centers D.C., recently served as lead tary. Recently, Uygur and the in New York City, and she counsel representing more program were featured in a Los recently began teaching ballet than 1,000 demonstrators and Angeles Times article, which for children. bystanders in two class-action noted that, in one month, The lawsuits centered on mass Young Turks drew more than Heather L. Heft joined Don- arrests in the D.C. area in 2000 18 million YouTube views. ovan & Yee in New York City and 2002. Settlements in the as a partner. Previously, Heft two cases totaled $22 million. 1996 was an associate at Stroock & 1995 Stroock & Lavan. Kevin A. Burke recently joined Robert McKay, associate the New York City office of Sid- general counsel for corporate Hilary Sunghee Seo, an ley Austin, where he specializes affairs at Constellation associate in the New York in class-action lawsuits and Energy, recently served as a office of Willkie Farr & other complex disputes in the visiting scholar and guest Gallagher, was honored at the areas of securities, professional lecturer at China’s Huaiyin Sanctuary for Families’ 2010 liability, antitrust, trade secrets, Normal University. While Above & Beyond Pro Bono and general commercial law. there, McKay spoke on legal Achievement Awards and issues and trends in the devel- Benefit. Seo, who specializes in Lina Toledo Kitsos recently opment of U.S. corporate corporate law, was recognized was appointed to serve on the governance structures and for the work she conducted board of directors of St. Anne’s, processes, as well as on Amer- with Kara E. Coggin ’06 on a nonprofit social service Ronald Israel, a member of ican anti-corruption efforts behalf of numerous domestic agency in Los Angeles that pro- Wolff & Sampson in West since 2000. violence victims.

LAW.COLUMBIA.EDU/MAGAZINE 71 1999 2001 Vicky Beasley recently was counsel, and secretary at Shar Ahmed was promoted to Deborah Newman was pro- named to an 18-member advi- Thompson Creek Metals. The partner in the Houston office moted to partner in the New sory board for the Children’s Denver-based company has of Akin Gump Strauss Hauer York City office of Akin Gump Law Center in Washington, become one of the world’s & Feld. Ahmed is a member Strauss Hauer & Feld. New- D.C. Board members are largest producers of molybde- of the firm’s energy and global man is a member of the firm’s tasked with encouraging col- num, an element often used to transactions practice. litigation practice and advises leagues to support the center strengthen steel and cast iron. hedge funds, creditors’ com- and its most recent campaign, Elliot Moskowitz was mittees, private equity firms, which aims to expose attorneys Arin Greenwood recently recently promoted to partner and public companies on liti- to the multiple ways in which completed her first novel, in the New York City office gation matters in state, federal, they can improve the lives of Tropical Depression (Back of Davis Polk & Wardwell, and bankruptcy court. area children. Beasley is of Porch Books: 2011). where he works in the firm’s counsel in the D.C. office of litigation department. 2003 Patton Boggs. Anibal D. Martinez was Carletta F. Higginson was appointed by Attorney Gen- Susan L. Shin was elected elected partner in the New York Kim Tomsen Budinger eral Eric H. Holder, Jr. ’76 partner in the New York City office of Jenner & Block, where recently co-founded Budinger to serve as a judge on San office of Arnold & Porter. she is a member of the content Hunt, a San Francisco–based Antonio’s Immigration Court. Shin is a member of the firm’s creative practice. Higginson boutique law firm exclusively Previously, Martinez worked securities enforcement and was a member of the legal team serving the investment man- in the Office of Chief Counsel litigation group. that helped secure a significant agement community. The firm for U.S. Immigration and victory for UMG Recordings counsels investment managers, Customs Enforcement. William E. Stempel has been Inc. in a high-profile copyright broker-dealers, funds, and pro- named a partner in the New dispute against the heirs of fessional investors. scott i. moses, a managing York City office of McDermott singer Bob Marley. director at Sagent Advisors, Will & Emery, where he will Daniel Ganitsky joined the recently was named to Invest- serve as a member of the firm’s Greg T. Lembrich, a senior New York City office of Pros- ment Dealers’ Digest’s “40 real estate group. associate in the New York City kauer Rose as senior counsel. Under 40” list of promising office of Pillsbury Winthrop financial professionals inN ew Stafford A. Woodley Jr. Shaw Pittman, serves as the Darryl Charles Heslop is York City. Moses leads Sagent’s was named counsel in the legal director of Four Direc- the founder and owner of Red food, drug, and specialty retail New York City office of Crow- tions, a national nonprofit orga- Arme, a clothing line for those investment banking team. ell & Moring. nization that focuses on Native who practice mixed marital American voting-rights issues. arts. Heslop’s products have Camille A. Nelson, LL.M., 2002 Lembrich was recently featured been featured in several recently became dean of Suf- Catherine Y. Kim joined in a Huffington Post article that industry magazines. folk University Law School the faculty at the University highlighted his efforts in the in Boston. Previously, Nelson of North Carolina School of area of election law. Ethan Torrey was named was a professor at Hofstra Law as an assistant professor. a partner at Choate, Hall & Law School. Previously, Kim was a staff Ashira Ostrow, an associ- Stewart in Boston. Torrey attorney with the Racial Justice ate professor at Hofstra Law works in the firm’s insurance Juliet Sorensen is a clini- Program at the American Civil School, recently wrote a paper, and reinsurance group, as well cal assistant professor of law Liberties Union Foundation. titled “Process Preemption in as in its major commercial at Northwestern University Federal Siting Regimes,” that litigation group. School of Law, as well as a Umair Muhajir is assistant was selected as the winner of clinical assistant professor of vice president of litigation the Association of American 2000 management and strategy at services at Pangea3, a legal Law Schools Scholarly Papers Wendy Cassity was appointed the university’s Kellogg School outsourcing firm based inN ew Competition. Ostrow presented to serve as vice president, general of Management. York City. (continued on page 74)

72 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 Thomas D. Gommes Making Headlines

Ten years ago, Thomas D. Gommes ’02 was elected to a The Periscope Post’s growth, even in its first year, sup- position as a senior editor of the Columbia Law Review. ports Gommes’ editorial approach. During that time, the Gommes knew the role would help him gain experience site’s readership has grown steadily, and advertisers and he could draw upon during his legal career. His ability investors alike have noticed. to pay close attention to details while working on a tight Despite the uncertain future of media and the tech- deadline also unexpectedly prepared him to take on nology that shapes it, Gommes remains optimistic. “In another field: the world of publishing. many ways, the future of journalism is the present and With the skills he honed as an attorney at Cravath, Swaine past of journalism—just in a different format,” he says. “I & Moore, as well as a degree from Columbia Journalism don’t think it’s going to change from storytelling or rais- School, Gommes founded The Periscope Post in Decem- ing different issues.” ber of 2009. The Post is a website that curates and analyzes daily news stories. Gommes’ motivation for creating the “I want to inspire debate about what’s site is as clear as it is forward thinking. going on in the news.” In addition to presenting a summary of —Thomas D. Gommes a range of opinions on main news issues, so that “nobody has to be limited to their own choir,” he notes the importance of fostering online dialogue. “I want to inspire debate about what’s going on in the news,” Gommes says. “It’s important that non-professional journalists have a voice, as well.”

class of: ’02

PHOTOGRAPHED BY CHLOE CRESPI LAW.COLUMBIA.EDU/MAGAZINE 73 2008 the paper, which appears on was honored at the Sanctuary previously with the law firm Victor Alejandro Landa the Social Science Research for Families’ 2010 Above & of Ropes & Gray. Thierry, LL.M., joined the Network website, at the asso- Beyond Pro Bono Achieve- Mexico City office of Chad- ciation’s January conference. ment Awards and Benefit. Anton p. Jongeneel bourne & Parke as counsel. In Coggin, who specializes in recently was sworn in as an that role, he advises Mexican 2004 corporate law, was recognized assistant U.S. Attorney at and foreign companies and Brian J. Miller has been for work she conducted along the U.S. Attorney’s office in financial institutions on mat- named general counsel and with Hilary Sunghee Seo ’98 Washington, D.C. Prior to ters related to financial and chief compliance officer on behalf of numerous his taking on this new role, corporate transactions, includ- for EducationDynamics, a domestic violence victims. Jongeneel served as an associ- ing public bids, mergers and marketing information and ate at the Los Angeles office acquisitions, joint ventures, technology services company Tony Fernández Arias, LL.M., of O’Melveny & Myers, where and general corporate matters. that helps higher education joined the Council of Europe he was a member of the firm’s institutions select, enroll, Development Bank, an inter- white collar crime and corpo- and retain students. Prior to national financial institu- rate investigations group. joining EducationDynamics, tion based in Paris that is Miller served as senior governed by the Council of corporate counsel at LivePer- Europe. He serves as coun- son, a NASDAQ-listed tech- sel at the bank, where he nology company. provides legal advice on the design and implementation of Enrique Zenteno vidal, the institution’s social devel- LL.M., was named partner at opment projects. Portaluppi Guzmán & Bezanilla, a law firm in Dan Krockmalnic and Santiago, Chile. He currently Tamar Dor-Ner recently Maria I. (Maribel) Rodrí- practices civil, commercial, welcomed a son, Felix guez Vargas, LL.M., an asso- and corporate law. Nathan. Krockmalnic is an ciate at Cuatrecasas, Gonçalves associate in the Boston office Lillian H. Lardy, an associate Pereira in Madrid, recently 2005 of Ropes & Gray, where he in the New York office of was appointed co-chair of the Richard Kaplan was specializes in complex Latham & Watkins, was hon- Spanish Under 40 Arbitration appointed to serve as chief business litigation. ored at the Sanctuary for Fam- Association, CEA-40. counsel and senior legal ilies’ 2010 Above & Beyond adviser to Federal Communi- 2007 Pro Bono Achievement Awards 2009 cations Commission Chairman Jonathan D. Fazzone is an and Benefit. Lardy—who Voula E. (Liroff) Julius Genachowski. In that associate in the Stamford, specializes in private equity, as Alexopoulos is an associate role, he manages the com- Conn., office of Finn Dixon & well as in mergers and acquisi- in the Miami office of Morgan mission’s overall agenda and Herling. He focuses his practice tions—was recognized for her Lewis & Bockius. Alexopou- handles policy coordination on general corporate matters, efforts in handling numerous los specializes in labor and among the FCC’s offices. He with a concentration on mergers immigration cases on behalf of focuses on wireless, engineer- and acquisitions transactions. the organization’s clients. ing and technology, and public Join Columbia safety issues. Liesl Finn joined the San Philip Selden recently was Law School Alumni on Francisco office of Baker sworn in by U.S. Attorney Ron Facebook to 2006 & McKenzie as an associ- Machen as an assistant U.S. receive news and updates. Kara E. Coggin, an associate. Finn, who specializes in Attorney in Washington, D.C. facebook.com ate in the New York office global equity services and Selden previously worked at of Willkie Farr & Gallagher, employee benefits, was the firm of Arnold & Porter.

74 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 employment law, as well as issues country. Gell is chronicling her arising under the Fair Labor experiences in a blog titled Lavi Standards Act. She is admitted nan Ayiti, or Life in Haiti. In Follow us on Twitter to practice in Florida and before November, she also contributed @ColumbiaLaw the U.S. district courts in the an article to The Huffington Northern, Middle, and Southern Post detailing the challenges districts of the state. facing international and domestic relief efforts in Haiti. Annie Gell is a human rights attorney working in Port-au- Noah Kupferberg spent a please email your news to [email protected] Prince, Haiti, for the Bureau year clerking for Judge Thomas with the heading “Class Notes Submission” in the subject line. Please be certain to include your year of graduation in des Avocats Internationaux P. Griesa in the Southern Dis- the email. Photo attachments are welcomed, but due to and the Institute for Justice trict of New York before join- space limitations, the Magazine cannot guarantee publication of submitted photographs. & Democracy in Haiti. She ing the New York City office of Class notes submissions may be edited for clarity and space. Columbia Law School focuses her work on combating Orrick, Herrington & Sutcliffe Magazine cannot guarantee publication of all items. gender-based violence in the as an associate.

LAW.COLUMBIA.EDU/MAGAZINE 75 in memoriam: The Columbia Law School community extends its deepest sympathy to the loved ones of recently deceased alumni, faculty, and friends

national borders and politi- sons: Joshua, David, and City Postgraduate Center for cal ideologies. Daniel; and their families. Mental Health and later served “He breathed life into the On March 28, the Law on the boards of Planned Par- new human rights movement School held a series of events enthood of New York City and and pioneered the study of celebrating the life and legacy Inwood House. human rights law as a disci- of Henkin. To read numerous In 1980, Greene married pline,” said Secretary of State tributes to the late professor, Jerome L. Greene, a found- Hillary Rodham Clinton at visit law.columbia.edu/mag/ ing partner at the Manhattan a December 2010 ceremony louis-henkin. law firm of Marshall, Bratter, where Henkin posthumously Greene, Allison & Tucker, received the Eleanor Roosevelt and the namesake of the Law Human Rights Award. School’s flagship building. The Louis Henkin Clinton credited Henkin Greenes shared a profound October 14, 2010 with taking the rights that had passion for the arts and took only been theoretical for most an avid interest in various phil- Louis Henkin, University Pro- and weaving them “into the anthropic activities. When her fessor Emeritus at Columbia fabric of international law.” husband passed away in 1999, Law School, was often called Sarah H. Cleveland, the Louis Dawn Greene succeeded him the “father of human rights Henkin Professor in Human as president and CEO of the law.” It was not a title he sought and Constitutional Rights, said Jerome L. Greene Foundation. or coveted. But it is one few in a 2007 tribute that students During her time at the foun- would dispute. Henkin passed loved being in a classroom “with dation’s helm, Greene supported away on October 14, 2010, at the person who both witnessed Dawn M. Greene significant enhancements to the age of 92. the birth of the modern human August 30, 2010 Law School classrooms, faculty When Henkin began rights movement” and who was offices, and community spaces. his law career in 1940 as a a “pillar of that regime.” Dawn M. Greene, wife of Her generous contributions clerk to the legendary Judge That pillar was grounded in Jerome L. Greene ’28, was have also funded student Learned Hand, human rights the philosophy that a robust a generous and dedicated scholarships and endowed as a concept did not exist in international human rights benefactor to generations of the Jerome L. Greene Profes- international law. But after framework is the best way to Columbia Law School students sorship in Transactional Law, working at the State Depart- protect a person’s dignity and and faculty members. Greene which is currently held by Pro- ment and as a consultant to integrity. “In countries around passed away on August 30, fessor Victor P. Goldberg. the United Nations, Henkin the world, human rights condi- 2010, at the age of 88. “We will remember fondly realized that at the intersec- tions are no longer ‘nobody’s Born and raised in New Dawn’s generosity of spirit tion of constitutional law and business,’” Henkin noted in York City, Greene earned both and her enduring devotion to international law—he was an 1999. “Today, they are every- her bachelor’s degree and her Columbia Law School,” said expert on both—was a set of body’s business.” master’s in social work from David M. Schizer, Dean and issues and unanswered legal Henkin is survived by his Fordham University. She went the Lucy G. Moses Professor questions about rights and wife, Alice, who is also a noted on to perform clinical coun- of Law. “Her gifts through obligations that transcended human rights lawyer; three seling work at the New York the foundation further trans-

76 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 formed Greene Hall into an 1970 and served as the first Globe. “He knew his subject code-breaking activities during international nexus for legal chairman of the Board of Visi- matter inside and out. He World War II. scholarship.” tors Executive Committee in wasn’t telling us things; he had When Barasch returned Greene is survived by her 1977. Friedman also served us thinking all the time. I came from the war, he briefly daughter, Christina McIner- as a trustee for the Edith C. to love civil procedure because rejoined Pfieffer & Crames ney; her stepdaughter, Patricia Blum Foundation, a charitable of Ben Kaplan.’’ before launching his own firm. Greene Humphrey; and three organization that funded the In 1972, Massachusetts Over the years, he developed grandchildren: Daniel Hum- establishment of the Wilbur Governor Francis W. Sargent an expertise in the area of real phrey, Joel Humphrey, and H. Friedman Professorship in appointed Kaplan to serve as a estate brokerage law, and, in Margaret D. Williams ’05. Tax Law at the Law School in justice on the state’s Supreme 1969, he co-wrote what sev- 1986. To recognize Friedman’s Judicial Court. Kaplan spent eral courts have hailed as the prestigious career and his the next decade hearing cases authoritative treatise on the commitment to philanthropy, regarding the legality of abor- subject. Barasch continued to the Law School awarded him tion and the death penalty, write throughout his career the Medal for Excellence among other issues. When and contributed regularly to in 1983. he reached the age of 70, the the New York Law Journal, Friedman is survived by his mandatory retirement age, among other publications, for wife, Frances, as well as numer- Kaplan joined the Massachu- more than three decades. ous family members and friends. setts Appeals Court, where he “He never retired,” said his continued writing opinions son and firm colleague, Lionel, into his 90s. in an obituary in the New York Benjamin Kaplan ’33 Kaplan’s wife, Felicia Lamp- Law Journal. “He was totally August 18, 2010 ort, passed away in 1999. He sharp. He continued to consult Wilbur H. Friedman ’30 is survived by his son, Jim; his with clients from his home, December 16, 2010 Benjamin Kaplan ’33 was a daughter, Nancy Mansbach; and he continued to write distinguished justice on the four grandsons; as well as five articles and keep up with his Wilbur H. Friedman ’30 was a Supreme Judicial Court of great-grandchildren. CLE credits.” leading tax lawyer and a gen- Massachusetts and a revered Barasch is survived by his erous supporter of Columbia professor at Harvard Law sons, Lionel and Jonathan; Law School. He passed away School. He passed away on his daughters-in-law, Lili on December 16, 2010, at the August 18, 2010, at the age of 99. and Lisa; and his grandchil- age of 103. Born in the South Bronx, dren: Nicholas, Kimberly, Friedman attended both Kaplan began his undergradu- Julia, and Francesca. Columbia College and the Law ate studies at The City College School, where he received his of New York at the age of 14. juris doctor in 1930. Following After graduating in 1929, Stanley L. Temko ’43 graduation, he clerked for Justice he enrolled at Columbia march 7, 2011 Harlan Fiske Stone, Class of Law School. 1898, at the U.S. Supreme Court. Kaplan began his legal career Stanley L. Temko ’43 was a dis- Stone became a mentor to Fried- at Greenbaum, Wolff & Ernst tinguished partner at Coving- man, encouraging the young in 1934. During World War II, Clarence S. Barasch ’35 ton & Burling in Washington, attorney to specialize in the field he joined the Army and served August 31, 2010 D.C., where he specialized in of tax law. That advice helped as assistant to the chief U.S. antitrust matters, as well as shape Friedman’s career. prosecutor at the Nuremberg Clarence S. Barasch ’35 was food and drug law. He passed After the clerkship, Stone war crimes trial. Kaplan’s work a pioneer in the field of real away on March 7, 2011, at the helped Friedman secure a posi- on the groundbreaking case estate brokerage law and a age of 91. tion in the U.S. Solicitor Gen- earned him a Bronze Star. prolific writer who published Temko, who was editor-in- eral’s Office, where he worked After the war, Kaplan frequently in a variety of publi- chief of the Columbia Law on multiple tax cases. A year became a faculty member at cations. He passed away on Review and graduated first in later, in 1932, Friedman joined Harvard Law School, where August 31, 2010, at the age of 98. his class at the Law School, the firm now known as Pros- he taught an array of legend- Barasch, a graduate of both served as a law clerk for U.S. kauer Rose, where he served as ary jurists, including Supreme Columbia College and Colum- Supreme Court Justice Wiley chair of its tax department for Court Justices Stephen Breyer bia Law School, joined the law Rutledge in 1947. “[Temko] 50 years. and Ruth Bader Ginsburg ’59 firm of Pfieffer & Crames soon had an exceptionally bright Throughout his career, (who attended Harvard briefly after earning his law degree in legal mind,” said Temko’s co- Friedman maintained strong before enrolling at Columbia 1935. Seven years later, he left clerk and future associate jus- ties to Columbia Law School. Law School). “He was the the firm to enlist in the Army tice of the Supreme Court John He helped establish the Har- greatest teacher I ever had,’’ and was stationed in England Paul Stevens in a comment lan Fiske Stone Fellowship in Ginsburg told The Boston at the site of secret British published by The Washington

LAW.COLUMBIA.EDU/MAGAZINE 77 Post. “He could describe a com- Horan led the company In 2000, the National Col- the Westminster Kennel Club plicated case, filled with a bunch for the next nine years and lege of Probate Judges honored Dog Show. of sophisticated arguments, in continued to serve on Merck’s her with the Treat Award for Morey is survived by two simple language so that anybody board of directors until 1993. Excellence. Grant continued to sisters, three children, and could understand it.” Throughout his tenure, he sup- work as a private mediator until five grandchildren. Temko joined Covington & ported critical, life-saving drug shortly before her death. Burling in 1949 and went on research. He also maintained On March 25, 2011, the Cali- to serve a number of terms as a strong partnership with fornia Women Lawyers organi- Clyde E. Murphy ’75 chairman of the firm’s manage- The Carter Center, uniting his zation posthumously presented August 17, 2010 ment committee. He worked business with the renowned Grant with its Rose Bird on several notable cases during philanthropic organization to Memorial Award in recogni- Clyde E. Murphy ’75 was a his legal career, including a aid developing nations. Horan’s tion of her work establishing renowned civil rights attor- 1952 U.S. Supreme Court case civic commitment did not end support services for domestic ney who dedicated his legal dealing with the president’s there. He served on the board of violence victims, as well as for advocacy work to cases involv- ability to seize private property. the United Negro College Fund her role as a mentor to women ing affirmative action, police The New York native served and as a trustee for The Robert in the legal profession. misconduct, employment dis- in the Army during World War Wood Johnson Foundation, Grant is survived by her crimination, and housing bias. II and earned a Bronze Star in among other organizations. brother, Richmond Grant. He passed away on August 17, recognition of his efforts. Horan is survived by his 2010, at the age of 62. Temko is survived by three wife, Julia Fitzgerald, four chil- Born in Kansas and raised sons: Richard, Edward, and dren, nine grandchildren, and Alison Morey ’61 in Miami, Murphy received a William; and five grandchildren. two great-grandchildren. September 13, 2010 bachelor’s degree in psychology from Yale University before Alison Morey ’61 was an expert graduating from Columbia John J. Horan ’46 Isabella Horton in the fields of antitrust law and Law School in 1975. That year, January 22, 2011 Grant ’50 consumer protection matters he joined the NAACP Legal march 5, 2011 who worked in both the public Defense and Educational Fund, John J. Horan ’46 spent more and private sectors throughout where he litigated many impor- than four decades with Merck Isabella Horton Grant ’50 was her distinguished career. She tant discrimination cases. & Co., helping to build the a highly skilled California judge passed away on September 13, In 1995, Murphy joined the company into a pharmaceuti- who helped draft the state’s no- 2010, at the age of 75. Chicago Lawyers’ Committee cal industry giant. He passed fault divorce law in 1970. She Morey attended the Brear- for Civil Rights Under Law, the away on January 22, 2011, at passed away on March 5, 2011, ley School in New York City public interest law consortium the age of 90. at the age of 87. before enrolling at Wellesley of Chicago’s leading law firms. Horan, a graduate of both Born in Hollywood, Calif., College, where she was a On behalf of the committee, Manhattan College and Grant spent 25 years in private devoted member of the Shake- Murphy filed a lawsuit against Columbia Law School, served practice, specializing in probate speare Society. Morey then the city of Chicago alleging that as an officer in the U.S. Navy and family law. In 1979, then spent two years as a news- the cutoff score of the firefight- during World War II. He Governor Jerry Brown appointed paper reporter in California ers’ entrance exam favored spent four years working her to the California Municipal before beginning her studies Caucasians. Murphy worked with the branch’s amphibious Court. Three years later, she at Columbia Law School. on the case, known as Lewis forces and traveled to vari- began serving on the state’s Supe- Morey graduated in 1961 v. City of Chicago, from 1998 ous combat zones, includ- rior Court bench, where she over- and accepted a position at the until May of last year, when the ing North Africa, Sicily, and saw the court’s family law cases. law firm of Cahill, Gordon U.S. Supreme Court ruled in Normandy. In 1946, after During that time, Grant aided & Reindell, where she spe- favor of the African-American four years of service, Horan domestic violence victims by cialized in antitrust law and applicants. “It was a very sig- returned to the U.S. and establishing a court calendar to litigation work. Morey also nificant case,” said Professor accepted a position with the handle their legal needs. The served as chief of litigation Theodore M. Shaw ’79 in an New York City office of Nims, system also provided victims in the Consumer Protection obituary that ran in the Chi- Verdi and Martin. of abuse with legal help in Division of the Washington cago Tribune. “But even before Horan left the firm in 1952 applying for restraining orders state attorney general’s office that case, Clyde was already to join the legal department against their assailants and and as a Republican precinct nationally known for his civil of Merck & Co. Over the ensu- offered them access to medical committeeman in Seattle. rights work. He was a good ing years, he rose through that and social services, as well as A woman of diverse inter- lawyer and a good man in so company’s ranks, serving in professional mediators. ests, Morey was an active many ways.” various high-level positions. In Grant retired from the bench board member of the North- Murphy is survived by his 1976, he began his tenure as in 1996 and thereafter served ern Washington Chinese wife, Monica; his son, Jamal; Merck’s board chairman and on San Francisco’s Ethics Com- Shar-Pei Club and once and two daughters, Akua chief executive officer. mission for several years. competed, with her dog, at and Naima.

78 COLUMBIA LAW SCHOOL MAGAZINe summer 2011 Peter T. Kourides ’33 Stephen B. Schneer ’53 Josiah Greenberg ’81 February 16, 2010 October 11, 2010 Leslie A. Jacobson ’34 Herbert B. Halberg ’54 January 5, 2011 March 19, 2010 January 5, 2010 H. Alberta Colclaser ’39 LL.M. Robert H. Kubie ’55 Josiah Greenberg ’81 was July 7, 2010 February 26, 2010 Gilda Tedesco ’39 Joseph L Stendig ’55 a founding partner at the September 17, 2010 July 13, 2010 firm of Greenberg & Oser in Dorothy R. Kowaloff ’40 Charles G. Peterson ’56 Montclair, N.J., and the son of March 3, 2010 June 22, 2010 renowned civil rights attorney James T. Ramey ’40 Milton J. Schubin ’56 August 28, 2010 May 16, 2010 and Columbia Law School Pro- Mervin C. Butterfield ’41 Louis H. Swartz ’57 fessor Jack Greenberg ’48 O. July 11, 2010 June 9, 2010 He passed away on January 5, Richard E. Keresey ’41 Lewis Bennett ’58 2011, at the age of 58. Lisa M. Sloan ’84 May 12, 2010 March 26, 2010 Robert E. Tillman ’41 Donald H. Kane ’60 A graduate of Great Neck June 12, 2010 March 3, 2010 July 6, 2010 South High School in Great Harold L. Glasser ’42 Gerald A. Laster ’60 Neck, N.Y., Greenberg attended Lisa Sloan ’84 was an accom- July 11, 2010 September 29, 2010 Columbia College and the Law plished attorney specializing Charles H. McHugh ’42 Rodney E. Nelson ’60 May 13, 2010 October 18, 2009 School, where he became a in complex business transac- Louis S. Weeks ’43 Harry Levinson ’61 Harlan Fiske Stone Scholar. tions and a gifted writer whose August 21, 2010 July 31, 2010 Following his graduation in work appeared in The Atlantic Kenneth D. Wallace ’46 Henry Schoenfeld ’63 1981, Greenberg clerked for Monthly and Redbook, among November 30, 2010 September 21, 2010 Fredric H. Montfort ’47 Barrie K. Wetstone ’63 Judge U.W. Clemon of the other publications. She passed June 13, 2010 May 28, 2010 U.S. District Court for the away on June 12, 2010, at the Edith L. Bornn ’48 Gabriel M. Wilner ’63 Northern District of Alabama age of 56. June 4, 2010 May 21, 2010 before joining the New York Sloan graduated cum laude Harry Gurahian ’48 Harry E. White ’64 February 20, 2010 July 23, 2010 City office of Weil Gotshal & from Bryn Mawr College and Seymour P. Kaye ’48 Douglas E. Whitney ’65 Manges as an associate special- received a certificate with hon- January 30, 2010 February 27, 2010 izing in antitrust law. ors from the Parker School of John N. Reid ’48 Helge J. Thue ’66 After two years at Weil, International Law upon earn- May 13, 2010 October 1, 2010 Arthur D. Emil ’49 Hamlet J. Barry ’69 Greenberg accepted a position ing her juris doctor from the July 6, 2010 May 2, 2010 at Stecher Jaglom & Prutzman, Law School in 1984. She went Warren Freedman ’49 Daniel B. O’Connor ’69 a small general practice firm in on to specialize in corporate September 6, 2010 May 2, 2010 Manhattan, where he eventually law and served as a partner in Rudolph Grunfeld ’49 Egbert W. Vierdag ’69 LL.M. July 19, 2010 February 1, 2010 rose to partner. Then, in 2005, the law firm of Ballard, Spahr, Richard H. Shults ’49 Wayne A. Cross ’70 Greenberg co-founded Green- Andrews & Ingersoll before February 10, 2010 August 25, 2010 berg & Oser in Montclair, N.J. joining the Philadelphia office Frank A. Sprole ’49 Joseph T. Carney ’72 Throughout his career, of Greenberg Traurig as a August 13, 2010 May 4, 2010 George Clifford Thompson ’49 Paul F. McAloon ’72 Greenberg remained an active shareholder in the corporate October 12, 2010 April 25, 2010 member of his community. In securities and structured Robert M. Winokur ’49 Granville L. Stevens ’73 2009, he helped collect signa- finance departments. February 6, 2010 April 28, 2010 tures on a petition that called Throughout her career, William H. Englander ’50 Brian T. Mingo ’74 October 19, 2010 February 4, 2010 for members of the town’s Sloan remained committed Stephen N. Hume ’50 Richard J. Wight ’75 education board to be elected, to promoting the health and August 11, 2010 September 3, 2010 rather than appointed. welfare of women and families. William W. Sturges ’50 Greenberg also lobbied to She served on the boards of January 3, 2011 Norman B. Asher ’51 increase the number of lan- both Planned Parenthood of November 15, 2010 guages taught in area schools. Southeastern Pennsylvania and Morris L. Cohen ’51 “[He] had great persistence the Women’s Law Project. She December 18, 2010 and discipline in how he possessed a strong passion for Mark W. Frawley ’51 please email October 28, 2009 In Memoriam notifications to approached all matters, large writing, particularly fiction. Austin B. Johnson ’51 [email protected] and small,” recalled his col- Her work appeared in multiple January 13, 2010 with the heading league Roy Oser in an article publications, and one piece she Morse G. Dial ’52 “In Memoriam” in the subject line. in The Montclair Times. “He wrote was included in a collec- May 26, 2010 Maxwell J. Lillienstein ’52 As part of this email, please was an absolute standup, tion titled Best American Short May 13, 2010 be certain to include the straight-shooting person.” Stories of 1981. Herbert M. Rinaldi ’52 full name of the deceased, Greenberg is survived by his Sloan is survived by her son, September 26, 2010 the year of graduation from wife, Janette, and his daughters, Charlie, her sister, her mother, Herbert Shprentz ’52 the Law School, and the July 3, 2010 approximate date of death. Jessica and Julia, as well as his her brother, her sister-in-law, James F. Dolan ’53 parents, brothers, and sisters. and her niece and nephews. April 19, 2010

LAW.COLUMBIA.EDU/MAGAZINE 79 Questions presented alumni spotlight Jack B. Weinstein ’48

Judge Jack B. Weinstein ’48 of the U.S. District Court for the Eastern District of New York has served the federal court system with distinction and honor for more than 40 years

Who has been your greatest inspiration? Among many, Judge Stanley H. Fuld ’26, for demanding of himself—and his law clerks—limitless exertion in a quest for the law’s perfection; and Thurgood Marshall, for the tenacity and skill to turn a dream of justice and equal opportunity for all into reality.

How do you define success? Loving people who love you, and doing less harm than good.

Why did you go to law school? After World War II, I did not want to be a physician, it was too late in life to become a physicist or mathematician, economics was somewhat of a bore, and I did not want to make much money. The law promised intellectual challenge, the opportunity to use all my experience and interests, and the chance to help make the world better.

Who is your favorite lawyer of all time? Each day, the one before me who is skilled and succinct.

Finish this sentence: you wouldn’t catch me dead without . . . Roget’s International Thesaurus, Third Edition, 1962.

Thing for which you are most thankful? Good genes and health.

8080 COLUMBIA LAW SCHOOL MAGAZINe Summer 2011 PHOTOGRAPHED BY peter freed