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COLUMBIA LAW SCHOOL Magazine Summer 2011 News Events

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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: 22 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.
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