GEORGETOWN LAW Res Ipsa Loquitur Spring/Summer 2013

Strategic Planning Rethinking the Future of Legal Education A Special Report Letter from the Dean

t’s hard to ignore the challenges confronting legal Ieducation and the legal profession these days. De- clining demand for law school graduates and layoffs at law firms, a drop in law school applications, and what some see as a fundamental shift in the way firms conduct business — these trends concern us all. But they also present real opportunities for change. So when we realized that we would be undertaking our five-year strategic planning process right in the midst GEORGETOWN LAW Spring/Summer 2013 of this, it seemed the perfect time to widen our net ANNE CASSIDY and seek your opinion in a variety of ways. Editor Editorial Director As you will see from this issue’s special report (page 26), we have done just that. We recently concluded an alumni survey to help us better understand what’s ANN W. PARKS Staff Writer on your mind. We conducted a series of employer roundtables focused on large

BRENT FUTRELL firms, small firms, government and international work. Our Board of Visitors mem- Director of Design bers formulated “vision statements” to address initiatives in the areas of academics, INES HILDE Designer experiential learning, student development, financial administration and academic support. And our Law Alumni Board members provided their own feedback at ELISSA FREE Executive Director of Communications their spring meeting.

KARA TERSHEL We also invited 60 alumni — representing law firms, businesses, the govern- Director of Media Relations ment and public interest worlds — to come to campus and share their ideas on NAFEES AHMED, LISA BUCKLEY, AMANDA FROST, MIDGE GARDNER, CHRISTINE HAMMER, SAM KARP, LAURA legal education. We brainstormed for eight hours a day and talked about every- MACRORIE, SARAH MYKSIN, RICHARD SIMON, thing from the law firm of the future to the importance of business literacy skills. ERIN SPENCE, DAVE STONE, EMILY WOOLF Contributors The take away: While there is always room for improvement, Georgetown Law is

NORA KANTWILL already on the cutting edge, and the best way to move forward is to build on our Executive Director of Development strengths — our rich menu of courses, our outstanding clinical program, our Jesuit MATTHEW F. CALISE Director of Alumni Affairs heritage of service (one example of which is our Public Interest Law Scholars program, profiled on page 38), and of course our scholarship and teaching. KEVIN T. CONRY (L’86) Vice President for Strategic Development and External As the process continues, the strategic planning committee (co-chaired by Pro- Affairs fessors Jane Aiken and Mitt Regan) will be assimilating all the ideas we’ve received WILLIAM M. TREANOR Dean of the Law Center from alumni, faculty, students and staff — and producing a new five-year plan for Executive Vice President, Law Center Affairs the faculty to approve by year’s end. Front cover: Photo by Hilary Schwab Georgetown Law has always been a thought leader — and never more so than Back cover: Photo by Sam Hollenshead now. As always, thanks for all you do to support, strengthen and engage your alma We welcome your responses to this publication. Write to: mater. We wouldn’t be here without you. Editor, Georgetown Law Georgetown University Law Center 600 New Jersey Avenue, N.W. Washington, D.C. 20001 Sincerely, Or send e-mail to: [email protected]

Address changes/additions/deletions: 202-687-1994 or e-mail [email protected]

Georgetown Law magazine may be found online at www.law.georgetown.edu William M. Treanor Copyright © 2013, Georgetown University Law Center. All rights reserved. Dean of the Law Center Executive Vice President, Law Center Affairs GEORGETOWN LAW Res Ipsa Loquitur Spring/Summer 2013

26 Strategic Planning: Rethinking the Future of Legal Education A Special Report What skills and ideas best equip new lawyers for practice? Should law schools change their curriculums? If so, how? As part of its five-year strategic planning process, Georgetown Law is asking these questions — and more.

By Anne Cassidy

38 25 Years of PILS Approximately 250 Public Interest Law Scholars have graduated and moved on to 26 distinguished careers in government, public interest, prosecutors’ offices, legal aid and other positions. Here are five of their stories.

By Ann W. Parks

50 Faculty Article: On Constitutional Disobedience What would the Framers make of multinational corporations, nuclear weapons or gay marriage? The country they led differs greatly from our own, yet we still obey the Constitution they produced more than two centuries ago. It’s time for a change.

By Louis Michael Seidman

2 Faculty Notes 26 Features

6 Lectures & Events 58 Alumni 58 Alumni Notices 69 Alumni Calendar 67 cle calendar 78 Alumni Events 69 in Memoriam 80 Alumni Essay faculty Notes

Spann is New Denny Professor of Law Bill Petros Professor Girardeau Spann delivers his inaugural address. James and Catherine Denny, left, with Kevin Conry, vice president for strategic development.

On December 5, Professor Girardeau Spann became the second Seidman noted that Spann, when he’s not creating scholar- James and Catherine Denny Professor of Law. He succeeds the late ship “in alarming abundance” or chairing an important committee, Professor Steve Goldberg, the first holder of the chair. The chair is has been known to step in for a colleague when needed, even made possible through the generosity of James Denny (L’60) — a if it means taking on a third large section of first-year students former member of Georgetown University’s Board of Directors as (and grading roughly 350 exams over the holiday break). “By well as the Law Center’s Board of Visitors — and his wife Cathe- honoring Gerry, we keep our entire community alive, vibrant rine Denny. The Dennys attended the event, as did members of the and meaningful.” Goldberg family and scores of faculty and staff. In his inaugural address, Spann considered the pending “This chair reminds all of us of the values that Gerry embodies: Supreme Court case Fisher v. University of Texas. If the Court integrity, decency, modesty and courage — and, I suppose, meeting should strike down affirmative action, he said, let it do so com- our deadlines and keeping our offices clean,” said Professor Louis pletely. Not that Spann wants to see an end to affirmative action. Michael Seidman, who introduced Spann. And he wasn’t predicting that the Court will take such a step in

2 spring/summer 2013 • Georgetown Law Faculty Notes

Fisher, which was argued on October 10. Spann, in fact, foresees a narrow holding — Daniel Halperin is First Holder one that will, for the moment, affect only the University of Texas admissions plan at of Martin D. Ginsburg Chair issue. But if the High Court does in fact choose to invalidate the Texas affirmative action plan in Fisher, Spann hopes that it will also “expressly overrule” the 2003 affirmative action case of Grutter v. Bollinger, which held that a university may consider race as part of an individualized, holistic admissions process tailored to achieve a diverse student body. Why would Spann, a proponent of racial justice, choose to overrule Grut- ter? “I would prefer that the Court openly announce its preference for shutting the door on affirmative action, rather than disin- genuously allowing the light of false hope to seep through the cracks in the doorway,” R ick einh a rd he said. “If the Supreme Court closes the Professor Daniel Halperin at his installation, which was also attended by Justice Ruth Bader Ginsburg. door completely, the political process can learned more from him than any other react directly to the Court’s racial ideology, n January 23, Visiting Professor teacher or colleague I’ve ever known.” rather than continuing to be distracted by ODaniel Halperin became the first Halperin has worked in private practice the Court’s coquettish conception of racial holder of Georgetown Law’s Martin D. and in government, serving as deputy assis- equality. … With any luck, that will put Ginsburg Chair in Taxation, and during tant secretary in the U.S. Treasury during the future of affirmative action back in the Halperin’s installation, Professor Stephen the Carter Administration. His 1986 law hands of the political branches, which of Cohen took the opportunity to honor two review article on taxing the time value of course is where it belonged to begin with.” giants in the field. money “profoundly altered our fundamental Spann’s speech, delivered in the Gewirz “Marty Ginsburg was without question understandings” of the subject and made Student Center, was an inspiring reminder the greatest expert ever on the law of cor- him one of the leading academic minds of of “the very best that Georgetown has to porate taxation,” Cohen said of his late col- his time, Cohen noted. offer,” said Dean William M. Treanor. league, who taught tax law to Georgetown Halperin’s own speech was a personal The ceremony was also a tribute to Law students for three decades before his and professional tribute to Ginsburg and Goldberg, who died in 2010. Seidman read death in 2010. his abilities as a lawyer and professor. aloud Goldberg’s own tribute to Spann, “Tax lawyers continue to treat his inter- “Marty had no equal as a tax planner,…” he written for Georgetown Law’s Community pretations of the tax law as authoritative said. “The gold standard in drafting tax leg- of Scholars publication several years ago. — perhaps even more authoritative, with islation as expressed by generations of gov- The two “were the best of friends,” he said. apologies to Justice [Ruth Bader] Ginsburg ernment lawyers was to design a rule that “This is a well deserved honor for Gerry, [Marty’s wife] — than the pronouncements Marty could not find a way to avoid.” and I know it’s particularly meaningful for of the Supreme Court,” Cohen joked. Justice Ginsburg spoke briefly at the him to be following in the footsteps of his Halperin, a tax policy expert who end of the event, describing how one of great friend and colleague… ” said Treanor. served on the Georgetown Law faculty Professor Ginsburg’s favorite tax clients, “Today is a special day in the academic life from 1981 to 1996 before becoming the H. Ross Perot, decided to establish a of Georgetown Law.” Stanley S. Surrey Professor at Harvard Law, earned equally high praise. “I was chair named after him — and told him to much more his student than I was his pick the school. Luckily, Ginsburg chose co-teacher,” said Cohen, who once led a Georgetown. “This is a very special time,” tax policy seminar with Halperin. “I have she said.

spring/summer 2013 • Georgetown Law 3 Faculty Notes Faculty Awards and Recognition

Dean William M. scheduling. He succeeds Professor Julie Professor Adam Treanor has been O’Sullivan, who returned to the faculty. Levitin has been named one of the Byrne is the faculty director of the George- appointed to the new “25 Most Influen- town Climate Center. He previously served Consumer Advisory tial People in Legal as associate dean of the J.D. program from Board of the Con- Education” by the 1997 to 2000. sumer Financial National Jurist. “The Protection Bureau. list is a who’s who of Professor Authorized by Con- the people who have Angela Campbell gress through the shaped the discussion over the past year, (LL.M.’83) was Dodd-Frank Wall Street Reform and Con- which has been a challenging and pivotal recently hailed by sumer Protection Act of 2010, the Con- one,” said Jack Crittenden, editor-in-chief. the blog appetitefor- sumer Advisory Board will advise the CFPB Treanor has also been appointed to the profit.com as one of on a broad range of consumer financial New York City Bar Association task force the top 10 lawyers issues and emerging market trends. Levitin “New Lawyers in a Changing Profession,” working to improve frequently testifies before Congress on con- which is addressing the diminished employ- our food system. In sumer protection, bankruptcy, mortgaging, ment and career opportunities facing young 2011, Campbell and her clinic students at homeownership and debt. lawyers. The 30-member group, chaired by Georgetown Law’s Institute for Public Rep- Bar Association Vice President and Viacom resentation filed a complaint with the Fed- Professor Eloise Deputy General Counsel Mark Morril, also eral Trade Commission on behalf of con- Pasachoff has includes Georgetown Law alumni Jane C. sumer groups protesting the use of unfair received the 2012 Sherburne (L’83), general counsel of the marketing strategies to children. Campbell Steven S. Goldberg Bank of New York Mellon Corp., Cyrus R. heads IPR’s First Amendment and Media Award for Distin- Vance Jr. (L’82), district attorney of New Law division. guished Scholarship in York County, and other law school deans Education Law by the and leaders. Professor Tanina Education Law Asso- Rostain and Adjunct ciation. Pasachoff was Visiting Professor Professor and Asso- chosen for her article “Special Education, Vicki Arroyo (L’94), ciate Law Librarian Poverty, and the Limits of Private Enforce- executive director of Roger Skalbeck ment,” published in the Notre Dame Law the Georgetown Cli- received the 2012 Review (2011). The award was created in mate Center, deliv- “Fastcase 50” award, memory of Steven S. Goldberg, a long-term ered a TED talk call- given by legal pub- ELA member who taught education law at ing on local communi- lisher Fastcase, which Arcadia University and Rutgers University. ties to better prepare recognizes the “smartest, most courageous for climate change. innovators, techies, visionaries and leaders Professor Philip The talk is now available on the TED in the law.” Rostain and Skalbeck’s experi- Schrag has received website at http://www.ted.com/talks/vicki_ ential learning seminar, “Technology, Inno- the Association arroyo_let_s_prepare_for_our_new_cli- vation and Legal Practice,” gave students of American Law mate.html. the chance to develop applications that Schools’ Section on solve a legal practice problem and pres- Clinical Legal Educa- Professor J. Peter ent them at the school’s first “Iron Tech tion’s William Pincus Byrne is the new Lawyer” competition. The competition Award for outstanding associate dean for was featured on the PBS Nightly Business contributions to the the J.D. program, Report and in the National Law Journal’s cause of clinical legal education. Schrag responsible for cur- special report on law school innovation. was singled out for scholarship, program riculum, faculty, aca- In addition, Rostain and Skalbeck have design and implementation, and for elevat- demic policy, student just received a grant from Neota Logic to ing the status of clinicians, mentoring clini- academic counsel- develop materials for teaching law students cal professors and advancing the cause of ing, registration and how to build expert legal systems. justice.

4 spring/summer 2013 • Georgetown Law Faculty Notes

The American Branch of the Interna- Albert Lauber, a visiting professor of law tional Law Association has named Vis- and director of the graduate tax and secu- In Memoriam iting Professor David P. Stewart its rities programs at Georgetown University Adjunct Professor Robert M. McNamara president-elect. The International Law Law Center, has been appointed a judge of Jr. (L’73) died of cancer on January 10. Association, founded in 1873, is the pre- the United States Tax Court. He was 68 years old. McNamara was eminent international nongovernmental senior vice president of government organization focused on the study, clarifi- Visiting Professor Colleen F. Shanahan, relations at Career Education Corpo- cation and development of public as well director of Georgetown Law’s Community ration, a former partner at the D.C. as private international law. Stewart has Justice Project, and Anna E. Carpenter law firm Manatt, Phelps & Phillips and also been named one of eight reporters for (L’09, LL.M.’13), clinical teaching fellow served four years as general counsel the Restatement (Fourth) of Foreign Rela- and supervising attorney in the Commu- of the Central Intelligence Agency tions Law of the United States, an essential nity Justice Project, have been named 2013 during the Clinton Administration. He reference work for courts, academics and Bellows Scholars by the Association of taught trial practice at the Law Center attorneys. Together with Professor Barry American Law Schools. The awards were for 12 years. E. Carter, Stewart was among those who presented on January 5 in New Orleans at initially suggested undertaking a revision of the annual AALS meeting. the Restatement. Stewart will be working on sovereign immunity issues. Symposium Honors Professor Jackson Professor Rebecca Tushnet’s 43(B)log has been named to the ABA Journal’s sixth annual “Blawg 100.” The blog covers false advertising, copyright, commercial speech and their topics.

Ambassador Mark R. Dybul, co-director of the global health law program and distinguished scholar at the O’Neill Institute for National and Global Health Law, has been appointed executive A November 16 symposium honored both Professor John Jackson and the Institute director of the Global Fund to Fight AIDS, of International Economic Law at Georgetown Law. Jackson is the faculty director of Tuberculosis and Malaria. the Institute, which encourages research in all areas of international economic law. In 2008, Jackson received both the prestigious Manley O. Hudson medal from the The Legal Profession Blog, co-edited by American Society of International Law and an honorary doctorate from the European Ethics Counsel and Adjunct Professor Union Institute. The symposium featured many international economic law experts, Michael S. Frisch, has been named to including Georgetown Law Professors Robert Thompson and Edith Brown Weiss, the ABA Journal’s “Blawg 100 Hall of and it covered such topics as international economic law in the aftermath of the Fame.” The blog gives the public access to financial crisis and the relationship of investment and international trade law. Donald such information as the operation of state McRae, Hyman Soloway Professor of Business and Trade Law at the University of bar disciplinary processes and sanctions Ottawa, gave the opening address. Jackson spoke at the close of the conference. imposed for attorney misconduct.

spring/summer 2013 • Georgetown Law 5 Lectures and Events Bill Petros Senator Leahy on Gun Violence, Immigration and “Partisan Gridlock”

t the school where he learned about would soon hold its first hearings on gun violence,” he said. “But the fact that we A“the majesty of our legal traditions,” violence issues since the Newtown, Con- cannot do everything to help should not U.S. Sen. Patrick Leahy (L’64), D-Vt., necticut, shootings. paralyze us from doing anything that can outlined the Senate Judiciary Committee’s Leahy, himself a gun owner, called for help.” agenda for the 113th Congress. Speaking a strengthening of federal laws to combat Most of the committee’s time, Leahy from Georgetown Law’s Hart Auditorium gun trafficking and to ensure “real back- predicted, will be spent working to pass on January 16, Leahy — the committee ground checks” of gun purchasers. comprehensive immigration reform. Public chairman and president pro tempore of the “As President Obama has made hearings on the issue began in February. Senate — announced that the committee clear, no single step can end this kind of

6 Spring/summer 2013 • Georgetown Law Lectures and Events

“Immigration throughout our history has been an ongoing source of the renewal of our spirit and our creativity, our vitality, …” said Leahy. “We have to find a way through the partisan gridlock to enact meaningful change in our immigration laws.” The Senate committee — which includes Georgetown Law alumni Bill Petros Richard Durbin (F’66, L’69), D-Ill., and Mazie Hirono (L’78), D-Hawaii — will also work on, among other things, Justice Scalia Opens New enacting forensic reforms, addressing high imprisonment rates, protecting trafficking victims and safeguarding civil Center for the Constitution liberties and privacy. The senator also called for an end to the extraordinarily y hope is for the next generation every constitutional historian for giving our high number of judicial vacancies in this “M— that’s who you write books for,” work meaning.” country, saying they “threaten our justice said Supreme Court Justice Antonin Scalia Scalia also took the time to take written system.” at the inaugural event of the Georgetown questions from the audience. Leonard Leo, “There’s no one who we are prouder Center for the Constitution on Novem- executive vice president of the Federalist of than today’s speaker,” Dean William ber 20. The same day, Scalia was a guest Society, which co-sponsored the event, M. Treanor said. teacher in Professor Randy Barnett’s “Read- pointed out that the questions were differ- For his part, Leahy said that George- ing the Constitution” seminar. ent from the usual ones. “No one is asking town was the place where he “learned to “The fact that Justice Scalia is the first about your favorite opera or your favorite appreciate different sides of complicated speaker at an event sponsored by the Cen- pasta” at a law school, he said. issues and then search for solutions.” ter is extremely fitting, because the mission When asked, “which of the Found- Responding to student questions, of the Center is to discuss textualism and ing Fathers is your favorite?” Scalia said, Leahy opined that America has “to get originalism in particular,” said Barnett, the “That’s not a hard question — the indis- out of the judicial monastery” when Center’s director. pensable man, George Washington.” And choosing Supreme Court justices and Those legal principles are central to when quizzed about what advice he would to reexamine our focus on the war on Scalia’s new book Reading Law: The Inter- give to law students, Scalia responded, drugs. On a question about gun control, pretation of Legal Texts (West, 2012), which “Take the basic courses, for God’s sake. Leahy noted that “about the only gun is, the justice says, “the first effort in a You will never have another opportunity law we have in Vermont” relates to semi- century to bring together the principal can- to study systemically an entire area of law, automatic weapons during deer season. ons of interpretation, principles of how to bankruptcy, intellectual property, whatever. “Are we really as a nation saying discern the reasonable meaning of a text.” And when you get out of law school try to we’re going to be more protective of the “Because of the work of Justice Scalia find a firm that will enable you to live a deer than we are of our children?” he and others, constitutional history matters,” humane existence.” said. “I think not.” said Dean William M. Treanor, opening In closing, Barnett told the audience For webcasts of this and other events, the event. “One of the fabulous things this that he was going to a Bob Dylan concert visit http://apps.georgetown.edu/webcasts. Center is going to do is to bring together later that evening. “Somehow, I think that history and law in the most serious way, I’ve seen two rock stars tonight.” and I thank Justice Scalia on behalf of

Spring/summer 2013 • Georgetown Law 7 Lectures and Events Bill Petros Harold Hongju Koh delivers the 33rd annual Ryan Lecture in Gewirz Student Center on October 17. Harold Koh Delivers Ryan Lecture

nternational law is “about much, much or carry out an executive agreement within respect to space). Third, private-public Imore than treaties and executive agree- the scope of the president’s independent initiatives might establish norms for human ments,” said then Department of State constitutional authority. rights among non-state actors like security Legal Adviser Harold Hongju Koh as he And while these tools — especially contractors. delivered the 33rd annual Thomas F. Ryan treaties — remain an integral part of “Twenty-first century lawmaking is not Lecture here on October 17. This is “not lawmaking practice, they aren’t the only limited to drafting codes, …” he said. “It your grandfather’s international law.” options today. Take, for example, what Koh is a living, breathing, human tapestry of The way in which the government called “diplomatic law talk.” meetings, relationships, communications historically carried out international “We are urging compliance with personal and virtual — all focused on the lawmaking could be described in three international legal norms through Facebook broader task of promoting cooperation.” neat categories appropriate to a law school and Twitter,” he said. “The United States The annual lecture is named for the lecture, said Koh, the former dean of Yale Supreme Court is not the only mechanism late Thomas F. Ryan (L’76). Ryan’s family Law School. The United States might enter to achieve an outcome; there is more than attended the event, which was opened by into an international treaty with the advice one way, as they say, to skin a cat.” Dean William M. Treanor. and consent of two-thirds of the Senate; And then there’s what Koh termed create a congressional-executive agreement “layered cooperation”— when legally through a statute passed by a majority of nonbinding guidelines and principles are both houses and signed by the president; added to existing treaties (for example, with

8 Spring/summer 2013 • Georgetown Law Lectures and Events

Faculty Book Talks Bill Petros Bill Petros Robert Greenstein and Professor Peter Edelman Professor Robin West

Edelman and Greenstein Experts Celebrate West’s Discuss So Rich, So Poor Normative Jurisprudence

“I sat down to read the begin- The debate on poverty policies On Friday, September 14, Pro- At the same time, one of the ning of it and I got up a few is often led astray by a mis- fessors Heidi Li Feldman, Gary most wonderful things about hours later and I’d finished understanding of its history, Peller and Larry Solum joined the book, he said, is its rigor. “I the whole book,” said Robert Greenstein said. Edelman’s Professor Michelle Dempsey of write about the same issues,” Greenstein, president of the book provides that history — Villanova University School of he said, “so Robin challenges Center on Budget and Policy and much more. Law, Professor Mark Murphy me to rethink the basics of Priorities, discussing Professor of Georgetown University and what I’m doing.” West also Peter Edelman’s new book So The event was one of many Professor Anita Allen of the took the podium to discuss her Rich, So Poor: Why It’s So Hard surrounding the publication University of Pennsylvania Law book. to End Poverty in America of Edelman’s book. Edelman School (and formerly a profes- (New Press, 2012) at the Law penned an op-ed for the sor here) to discuss Professor In addition, Normative Juris- Center on September 20. New York Times, appeared Robin West’s book Normative prudence was the focus of on C-SPAN’s “Book TV” and Jurisprudence: An Introduction Concurring Opinions’ October “There are books on these was interviewed for the “PBS (Cambridge University Press, online discussion, which took kinds of issues that are impor- NewsHour” and many other 2011). place October 22-28 and may tant and there are books that media outlets. For a review of be accessed at http://www. are a good read. This book is So Rich, So Poor see the Fall/ “You focus not on the content concurringopinions.com/ both.” Winter 2012 issue of George- of legal theory … but on the archives/category/symposium- town Law. legal academy and its relation normative-jurisprudence. to the bar,” Solum said, noting that the function of law school Professors Chai Feldblum, Heidi is, after all, to produce practical Li Feldman, John Mikhail and lawyers. Larry Solum posted their comments in the online symposium.

Spring/summer 2013 • Georgetown Law 9 Lectures and Events Bill Petros

Top row: Supreme Court Institute Executive Director Irv Gornstein; Professors Louis Michael Seidman and Neal Katyal. Bottom row: Gornstein, Professor David Cole, and Visiting Professor and former SCI Executive Director Pam Harris. Panelists Discuss Supreme Court Term

s far as blockbuster Supreme Court “In Grutter itself, Justice O’Connor’s Professor David Cole, though, of- Acases go, last year’s challenge to the opinion said that in 25 years we might want fered to “buy the bridge” — meaning he Affordable Care Act is a tough act to follow. to reevaluate this, [and] here we are nine thought the Court could easily strike down But the Court is tackling important issues years later,” said Professor Neal Katyal. the DOMA statute under a rational basis this term, too, according to remarks by Su- Still, the factual differences between the test. “I have yet to see a rational argument preme Court Institute Executive Director two cases may preclude the Court from against recognizing gay marriage,” he said. Irv Gornstein and four constitutional law reaching the Grutter question, he noted. This term may also decide the fate of professors at the annual Supreme Court While the Court had yet to grant certio- the 1789 Alien Tort Statute, now used by Press Briefing on September 18. rari on the Defense of Marriage Act chal- plaintiffs seeking redress for human rights First up was Fisher v. University of lenge, panelists did not overlook the issue violations occurring outside the United Texas, which considers the extent to which of same-sex marriage. “If anybody thinks States. The Court heard oral argument last a university may constitutionally consider that the outcome of [the DOMA challenge] term in Kiobel v. Royal Dutch Petroleum on race as a factor in admissions decisions. is driven by the level of scrutiny that the whether a corporation may be held liable The case could potentially overturn the Court selects, I have a bridge to sell you,” under the statute, yet ordered a rehearing Court’s landmark 2003 affirmative ac- joked Professor Mike Seidman, who noted to determine whether it applies outside the tion decision Grutter v. Bollinger, which the vast changes in attitudes towards same- United States. holds that a university may use race as an sex marriage since the 1996 signing of the Visiting Professor Pam Harris, herself a admissions factor if it’s narrowly tailored to DOMA statute, which defines marriage as former executive director of the Supreme achieve a diverse student body. between one man and one woman. Court Institute, rounded out the panel.

10 Spring/summer 2013 • Georgetown Law Lectures and Events Bill Petros

Top row: Visiting Professors Dakota Rudesill and Andrew Schoenholtz; Visiting Professor Vicki Arroyo (L’94) and Professor Victoria Nourse. Bottom row: Katie Corrigan (L’97); Professor John Buckley and Visiting Professor Timothy Westmoreland. Law Center Experts Give Legislative Preview

very September, Georgetown Law pro- sor John Buckley said that tax receipts are and Katie Corrigan (L’ 97) talked, respec- Efessors discuss the issues they think now “approximately 15.5 percent of GDP, tively, about immigration, national defense, will dominate the Supreme Court term which gives you an idea why we have a climate change and labor and employment (see story, opposite). On November 8, Law trillion dollar deficit.” Because of key issues topics. Center experts with 65 years of combined like the alternative minimum tax, which “All these issues are being worked Hill experience began a new tradition — a affects 30 million taxpayers, the lame duck through in a very specific institution, legislative preview. It was the inaugural 112th Congress will be forced to act on Congress,” said Nourse, who discussed event of the new Center for Congressional some fiscal issues, he said. partisanship, filibuster reform and other Studies at Georgetown Law, headed by Visiting Professor Timothy Westmore- issues. Professor Victoria Nourse, and it focused, land emphasized that doctors would de- Dean William M. Treanor introduced not surprisingly, on economic issues and mand urgent action on certain health care the event, which was co-sponsored by the the fiscal cliff. funding issues, and he discussed the fate of Georgetown Law Federal Legislation and Noting that the last time the country the Affordable Care Act — “my hope is that Administrative Clinic and the Project on balanced the budget (during the Clinton the House will at least stop trying to repeal Law and Politics at Georgetown Law. administration) tax receipts were 20.7 per- it.” Visiting Professors Andrew Schoen- cent of the gross domestic product, Profes- holtz, Dakota Rudesill, Vicki Arroyo (L’ 94)

Spring/summer 2013 • Georgetown Law 11 Lectures and Events

Courtesy: Justin Hansford

Professor Paul Butler (top center) and Justin Hansford (L’07) (bottom center right) with seven Brazilian hip-hop artists.

Hip-Hop for Justice

t’s not unheard of to see seven judges at University who has used hip-hop to teach States incarcerates 730 people out of every Ia Georgetown Law conference or hear underprivileged students. 100,000 — more people than any other seven government officials speak at a panel Butler, a former federal prosecutor, nation — the majority of whom are African discussion. But on August 29, Professor told how he used to “put people in prison American and Latino. Paul Butler welcomed seven Brazilian hip- — black people and Latino people.” At the The Brazilians told stories of police and hop artists to the school. The musicians, same time, he was listening to Run DMC, political corruption in their country, and ex- dancers and dance educators were in this Lauryn Hill and other musicians calling plained how they are using hip-hop music country for a two-week cultural exchange for racial, economic and criminal justice to keep students off drugs. through the U.S. State Department called through their work. “I had questions about “Hip-hop has come a long way,” said “Empowerment Through Hip-Hop.” what I was doing … the artists were tell- Butler. “The important work that these The State Department asked Butler ing their stories in a way the judges didn’t artists and activists are doing is inspiring; — the author of Let’s Get Free: A Hip-Hop understand.” it was an honor to meet with them, talk to Theory of Justice (New Press, 2009) — to Hip-hop is a billion-dollar industry in them and learn from them.” speak to the group about achieving social the United States — one where the top change through hip-hop music. Joining artists are African American and Latino Butler was alum Justin Hansford (L’07), and 70 percent of the consumers are white, an assistant professor of law at St. Louis according to Butler. Meanwhile, the United

12 Spring/summer 2013 • Georgetown Law Lectures and Events R i c k ein h ard Anthony Franze, Artemus Ward, Todd Peppers; Jeffrey Toobin, Clare Cushman, Tony Mauro. An “All-Star Lineup” of Books on the Court

s Clare Cushman, author of Court- Mauro led what Institute Executive Awatchers: Eyewitness Accounts in Director Irv Gornstein called “an all-star Supreme Court History, told the story, lineup of authors” of books on the Court: the late Justice Hugo Black used to care Cushman, Anthony Franze (The Last so deeply about the Court’s cases that Justice), Jeffrey Toobin (The Nine and The A Visit to Yonsei he couldn’t sleep at night, and his wife, Oath: The Obama White House vs. The On September 14, Dean William M. Elizabeth, would calmly suggest bourbon. Supreme Court) and Todd Peppers and Treanor met with Dean Hyun Yoon “Hugo is terribly inhibited about liquor and Artemus Ward (In Chambers: Stories of Shin of Yonsei Law School in Seoul, usually wants me to be the one to suggest Supreme Court Clerks and Their Justices). South Korea (above and in top photo it,” Elizabeth noted in her diary. “[T]he next The challenge for such authors is the along with Yonsei Law Professor morning he awakes as bright and clear- “intensely private” nature of the Supreme Joongi Kim (L’92), left, and George- minded as can be.” Court, which also adds to its intrigue. town Law Professor James Feiner- The focus of the Supreme Court Papers like Elizabeth Black’s are disap- man, right). Institute’s Supreme Court Book Forum, pearing. Law clerks reportedly sign a code Yonsei Law School is a partner held here on October 22 and covered by of conduct promising confidentiality. Still, school in the Center for Transnational C-SPAN’s “Book TV,” was more literature the number of Court books seems to be Legal Studies in London. The visit was than law. growing. made possible in part by Kim, who “The Supreme Court is about more “I have written enthusiastically about was previously a visiting professor at than just its opinions,” said Tony Mauro, every author here,” Mauro said. “I’m a big Georgetown Law. the Supreme Court correspondent for the fan of anybody who sheds more light on National Law Journal. the Supreme Court, and they’ve all done a great job of that.”

Spring/summer 2013 • Georgetown Law 13 Lectures and Events Bill Petros Top row: Dean William M. Treanor; Lori Windham of the Becket Fund for Religious Liberty, Melissa Rogers of Wake Forest University Divinity School and Profes- sor Martin Lederman. Bottom row: Windham and Roger Vischer of the University of St. Thomas School of Law; Rogers and Louise Melling of the American Civil Liberties Union. A Symposium on Contraception and Conscience

t was an event that was “especially close Professor Martin Lederman led a panel Affairs, and John Langan, S.J., were among Ito home,” said Dean William M. Treanor setting the legal stage — specifically, the those discussing the law’s potential burden at a September 21 symposium that looked lawsuits now challenging the Affordable on the free exercise of religion, while a at the legal and theological aspects of con- Care Act requirement of coverage for panel featuring Professors Gregg Bloche traceptive coverage under the Affordable women’s preventive care and the religious and Robin West continued the discussion Care Act. exemption to the contraceptive services on the Religious Freedom Restoration Act, “Last spring, one of our third-year stu- component of that requirement. He was women’s equality and health, and birth dents, Sandra Fluke (L’12), testified before joined by Louise Melling of the American control and the “common good.” a group of members of Congress on these Civil Liberties Union, Melissa Rogers of “What I’ve seen today makes me really precise issues,” Treanor said, noting that the Center for Religion and Public Affairs proud to be an academic,” said Washington some people “responded with the basest at Wake Forest University Divinity School, and Lee University Law Professor Robin sort of name calling and vilification” be- University of St. Thomas School of Law Fretwell Wilson at the end of the day. cause they disagreed with Fluke’s position. Dean Robert Vischer and Lori Windham of “We’ve not had this conversation nationally.” “Here at Georgetown, that was a mo- the Becket Fund for Religious Liberty. ment to reaffirm our commitment to train Georgetown University’s Michael Kes- public-spirited lawyers, no matter which sler (L’05), associate director of the Berkley side of the issue they were on,” Treanor said. Center for Religion, Peace, and World

14 Spring/summer 2013 • Georgetown Law Lectures and Events

Professor Wallace Mlyniec (L’70) Advocating for Youth

“Locking up our kids and throwing away the key, sentencing our kids to die in prison for crimes they committed before they became adults, is just plain wrong,” said Massachusetts’ Child Advocate Gail Garinger. “The question is what are we going to do about it?” Participants at the 2012 Confer-

S am K ar p ence of the Campaign for the Fair Washington Post investigative reporter Dana Priest signs copies of her book Top Secret America: The Rise of the New American Security State at the Law Center on September 20. Lucy Dalglish, Priest, Professor Sentencing of Youth at the Law Center Laura Donohue, Harvey Rishikoff and Kenneth Wainstein discuss national security and journalism. on November 15 set out to tackle that question. They closely examined the Supreme Court’s June 2012 decision in Miller v. Alabama, which held that Journalist Dana Priest Wins the Eighth Amendment prohibition on cruel and unusual punishment forbids a sentencing scheme that mandates Constitution Award life in prison without the possibility of parole for juvenile homicide offenders. he perennial debate between the needs myself what my role is … you can’t have “Miller is about mandatory life Tof national security and the preroga- a strong democracy without a kicking and without parole, not about life without tives of a free press was on display Septem- screaming press,” she said. parole per se,” Professor Wallace ber 20 when investigative reporter Dana Professor Laura Donohue led a panel Mlyniec (L’70) explained. Priest of the Washington Post accepted the discussion on national security, journalism Mlyniec led a panel exploring such Constitution Project’s Constitutional Com- and the First Amendment that included questions as whether Miller applies mentary Award for herself and co-author Priest; Kenneth Wainstein, the first assis- retroactively and, if so, what to do William Arkin for Top Secret America: The tant attorney general for national security; about the inmates serving a sentence Rise of the New American Security State Harvey Rishikoff, formerly of the Office that has now been deemed unconsti- (Little, Brown & Company, 2012). of the Director of National Intelligence; tutional. The book examines how the clandestine and Lucy Dalglish, dean of the University Marsha Levick of Philadelphia’s Ju- world created by the government after 9/11 of Maryland’s journalism school. Topics venile Law Center noted that there are has gotten “so enormous, so unwieldy, and included the government’s “top-secret” about 500 “juvenile lifers” in prison in so secretive” that no one knows if it keeps classification scheme; the need to replace Pennsylvania — the most of any state Americans safe. the 1917 Espionage Act; and the roles the in the country. “We have individuals Priest, whose reporting on CIA black- press and government play in the publica- who have been serving for decades, site prisons earned her a Pulitzer Prize, said tion of sensitive material. including our oldest ‘juvenile lifer,’ who that when she was working on the book, The Constitution Project co-sponsored is 75 years old; he has been in prison she bought a copy of the Constitution to the event along with Georgetown Law’s literally for six decades,” she said. remind herself of the important work she Center on National Security and the Law was doing. and the Center for the Constitution at “There were moments when I picked it James Madison’s Montpelier. up and began reading parts of it to remind

Spring/summer 2013 • Georgetown Law 15 Lectures and Events N afees Ah med Top row: Professor Barry Carter; Suzanne Maloney, Brookings; Aaron David Miller, Wilson Center; Corey Hinderstein, Nuclear Threat Initiative; Cari Stinebower, Crowell & Moring. Middle row: Steven Chabinsky, CrowdStrike; Eliana Davidson, Department of Defense; Professor Laura Donohue; Paul Rosenzweig, Red Branch Consulting and professional lecturer in law, George Washington University; Leonard Bailey, Department of Justice. Bottom row: Professor David Koplow; Mary DeRosa, distinguished visitor from practice, Georgetown Law; Benjamin Powell, WilmerHale; and Robert Litt, Office of the Director of National Intelligence. National Security and the First Amendment

he experts who gathered at George- conference called “Key National Security Is- “Everything we are relying on now has Ttown Law on October 25 were meeting sues of 2013” sponsored by the Georgetown computer chips … you have a chip in your in a week that marked the 50th anniversary Center on National Security and the Law car that’s controlling your brakes because of the Cuban Missile Crisis. But when it and the National Security Law Society, a you have antilock brakes,” said Steven comes to reducing the threat of nuclear student organization. Chabinsky, a former government attorney. weapons, they said, it’s no longer a matter Professors Barry Carter, Laura Dono- But whether hackers are attacking comput- of relations between two superpowers like hue and David Koplow and their guests — er chips in cars or insulin-injection pumps the United States and the former Soviet lawyers who have held high-level national in people, the response should not just be to Union. security positions in government and private patch the system, he said. “If we don’t right “That’s not the situation we face [with practice — outlined some of the risks and this security model, our country is in for bad Iran], because you have a third party with repercussions for lawyers practicing in times ahead.” its own nuclear capacity,” said Aaron David the field. For the national security lawyer, The panel was introduced by Professor Miller, a State Department official, referring they said, the stakes are much higher than Nan Hunter, associate dean of graduate to Israel. “Whether or not the Israelis would simply winning a case. What’s being done programs, and Carrie Cordero, director of act if we won’t [has] added an enormous to mitigate the threat of an Iran capable of national security studies. amount to the discussion.” producing nuclear weapons or to defend the Miller spoke at a panel called “Iran, country against cyber attack? Israel and the Nuclear Issue,” part of a

16 Spring/summer 2013 • Georgetown Law Lectures and Events N afees Ah med

Students participate in a legislative simulation as part of the Federal Legislation and Administrative Clinic. Top row: Reid Setzer (L’13) and Matt Zogby (L’13); Michael Pisko (C’10, L’13), Emily Lanza (L’13) and Yvette Badu-Nimako (C’10, L’13). Bottom row: Chaz Beasley (L’13), Alexandra Holtsclaw (L’13) and Juliana Ga- brovsky (L’13); Daniel Perez (L’13) and Setzer. The Fine Art of Legislative Compromise

his past fall, 12 students from Visiting legislation that would require the president heads” of the real lawmakers to whom they TProfessor Dakota Rudesill’s Federal to consult with a powerful new congressio- advocate in the clinic. Legislation and Administrative Clinic met nal committee before putting U.S. troops in Dean William M. Treanor, reprising the around a conference table to amend the harm’s way. role of the U.S. president that he per- War Powers Resolution. “We think Congress should have greater formed last spring in a national security law Of course, they weren’t really sena- input in determinations over whether to simulation, issued a veto threat based on tors and they weren’t really amending the involve our country in military conflicts two provisions of the bill. This meant that War Powers Resolution. They were in an overseas,” said the “chairman,” a fictional students had to decide whether to revise intensive, three-week legislative simulation, Democrat from Rhode Island. the provisions and avoid a veto or try to doing all the necessary drafting, politicking, Other “senators” at the table objected. override it. They attempted the former, and negotiating and speaking that senators do in “My time in the executive branch and the legislation eventually “passed.” order to get a piece of legislation to pass. serving in the Coast Guard has convinced “Let me tell you what compromise The 1973 statute — the real one — me that the executive is the sole organ of shouldn’t be,” said the “chairman,” who like provides that the president shall “consult America’s foreign policy,” said the commit- other students seemed to enjoy his role. with Congress before introducing United tee’s senior Republican or “ranking mem- “It shouldn’t be about cobbling together a States Armed Forces into hostilities.” But ber,” a fictional senator from Georgia. Frankenstein bill that in trying to please for decades, presidents have said the War Rudesill, who served as the simulation everyone doesn’t get anything done.” Powers Resolution is unconstitutional. organizer, clinic professor and “committee Hmmm. Is anyone listening? On this particular Tuesday the student clerk” during the event, says the point is “to playing the committee chairman introduced get the students into the shoes and into the

Spring/summer 2013 • Georgetown Law 17 Lectures and Events A nn Parks Judge Arthur J. Gajarsa and Paul Clement at the November 2nd conference.

Learning the Latest on Patent Law

Before she became a lawyer, Judge Kimberly A. Moore (L’94) of the U.S. Court of Appeals for the Federal Circuit was an electrical engineer. And as those attending Georgetown Law’s N afees Ah med fourth annual Conference on the Role Ana Sagan, Beatrice Mukansinga and Jenni Williams speak at the Law Center on October 3 as part of Am- nesty International’s Women Human Rights Defenders tour. of the Courts in Patent Law and Policy learned, a background in science or technology can be a very good thing. As the conference’s keynote Honoring Women Human speaker, Moore discussed the role of appellate judges and the composition of her court as well as the Kappos v. Rights Defenders Hyatt (2012) and Microsoft v. i4i (2011) patent cases. n Valentine’s Day 2003, Jenni Wil- singa in 1998). Named after a World War Retired Federal Circuit Judge Ar- Oliams and other members of Women II human rights activist, the award honors thur J. Gajarsa (L’67), who served on a of Zimbabwe Arise (WOZA) took to the courageous women who risk their lives to patent law year-in-review panel, noted streets of Harare for the first time, distrib- defend the rights of others. Williams and that the court has “taken a liking” to uting roses and proclaiming, “It’s time to Mukansinga spoke at Georgetown Law on IP cases in the past 15 to 17 years. love again.” October 3 as part of Amnesty International’s “We’ll probably see more of them,” It was all part of Williams’ plan to Women Human Rights Defenders tour. The said Gajarsa, who recently joined the increase rights for women in Zimbabwe women have also visited San Francisco, Boston office of WilmerHale as senior through peaceful protest. Williams believed Chicago, New York and Boston. counsel in the intellectual property her group would be respected because it Speaking to students and new lawyers litigation practice. was composed of mothers, but 17 WOZA in particular, Williams noted that interna- Adjunct Professor Paul Clement members were arrested that day and Wil- tional observers are needed and can play (F’88) pointed out that what’s distinct liams has been arrested 47 times. a role in Zimbabwe’s legal system. With about this area of law is that a patent Beatrice Mukansinga lost five brothers, observers present, “perpetrators will think case, for example, must move from both parents and members of her extended twice” before inflicting injustice, she said. a generalist trial court to a special- family during the Rwandan genocide. In re- The event was moderated by Ana Sagan, ized appellate court (the Federal sponse, she established the Mbwirandumva the granddaughter of Ginetta Sagan, and Circuit having nationwide jurisdiction Initiative, an organization that provides sup- sponsored by the Georgetown Law Human over certain subjects like patents and port and counsel for approximately 3,000 Rights Institute and Amnesty International trademarks) before being reviewed by women and children who have suffered USA. a generalist Supreme Court. from the genocide. “You could really spend a lot of Mukansinga and Williams have both time thinking about whether that won the Amnesty International’s Ginetta structure makes any sense,” he said. Sagan award (Williams in 2012 and Mukan-

18 Spring/summer 2013 • Georgetown Law Lectures and Events N afees Ah med

Top row: Katie Redford, EarthRights International and Carlos Mauricio, Center for Justice and Accountability; Redford; Professor Ralph Steinhardt of George Wash- ington University Law School. Bottom row: Carey D’Avino of Eaton & Van Winkle; Peter Weiss of the Center for Constitutional Rights and Baher Azmy of the Center for Constitutional Rights. The Alien Tort Statute: A Preview

n 1983, Professor Carlos Mauricio was High Court heard oral argument in the to incidents occurring outside the United Iteaching a class at the University of case on October 1 — a group of experts States. El Salvador — during a civil war in that gathered at Georgetown Law to discuss the Rachel Taylor, director of Georgetown country — when a group of army officers ATS and the future of human rights litiga- Law’s Human Rights Institute, introduced dragged him screaming from the classroom. tion if the law is struck down. the event, which featured moderator Baher He was beaten, blindfolded, handcuffed The case, Kiobel v. Royal Dutch Petro- Azmy of the Center for Constitutional and later tortured by police in the national leum, was brought by a group of Nigerians Rights; Carey R. D’Avino, who worked on police headquarters. suing foreign corporations in U.S. courts the case; Katie Redford of EarthRights In- “I was a very lucky guy; I survived,” said for alleged human rights violations commit- ternational; Professor Ralph Steinhardt of Mauricio who, with the help of the Center ted in Nigeria. The plaintiffs alleged that George Washington University Law School; for Justice and Accountability, would later the corporation supported the Nigerian and Peter Weiss of the Center for Constitu- sue two Salvadoran generals and win under government in international law violations tional Rights. a 1789 statute that permits aliens to bring including torture, extrajudicial executions The conference was sponsored by the cases in U.S. court for torts committed in and crimes against humanity. Georgetown Law Human Rights Institute, violation of international law. The Supreme Court heard oral argu- the Center for Constitutional Rights, Victories like Mauricio’s may be in ment in the case last year on the ques- EarthRights International, the Center for jeopardy, however, as the Supreme Court tion of whether corporations may be held Justice and Accountability, Human Rights considers whether the Alien Tort Statute accountable for human rights violations First and the International Corporate Ac- can be applied extraterritorially. And on under the ATS, then ordered a rehearing on countability Roundtable. September 27 — just four days before the the question of whether the statute applied

Spring/summer 2013 • Georgetown Law 19 Lectures and Events Bill Petros Night Owl Breakfast 2012

Faculty and staff support — and feed — students at the annual Night Owl Breakfast in December. Top row: Professor Sherman Cohn (F’54, L’57, LL.M.’60); Law Library Director and Professor Michelle Wu and Professor Hope Babcock; Sister Dorinda Young, SSJ; Father Alexei Michalenko and Jewish Chaplain Michael Gold- man (L’69). Middle row: Professor Michael Cedrone, Associate Dean Gregory Klass, Dean of Students Mitch Bailin and Dean William M. Treanor; and Professor and Associate Dean Jane Aiken (LL.M.’85). Bottom row: Grateful students line up for eggs and pancakes.

20 Spring/summer 2013 • Georgetown Law Lectures and Events

The Pros and Cons of the French Burqa Ban

In April 2011, France passed the “burqa ban,” a law prohibiting con- cealment of the face in public places. That the law is constitutional in France is a surprise to some in the U.S., where individual rights are more likely to be seen as paramount. “This isn’t a debate about our personal preferences … this is about

Bill Petros whether and what kind of laws we Thomas E. Perez should put in place that govern all of us,” said Faiz Shakir (L’06). Experts Explore Latest Shakir, the senior adviser and director of new media for House Minority Leader Nancy Pelosi, D.- Immigration Ruling Calif., spoke against the French law at “French and American Perspec- he Supreme Court may have spoken voting rights, as well as the division’s efforts tives on the Banning of the Burqa” at Ton Arizona’s immigration law, but the to prosecute hate crimes and improve the Georgetown Law on November 14. experts will be discussing the effects for a criminal justice system in New Orleans. “The true mark of democratic long time to come. Arizona v. United States “We are indeed a land of opportunity, peoples is whether you can empathize was just one of the hot topics at George- and in the Civil Rights Division we are in- with those who are unlike you, …” town Law’s ninth annual Immigration Law deed in the opportunity business,” he said. Shakir said. and Policy Conference on October 1. “While we have made so much progress as François-Henri Briard, a “With Congress failing to enact com- a nation, opportunity gaps persist.” Supreme Court of France attorney prehensive immigration laws, state action Other panels looked at litigation de- and president of the Paris chapter on immigration law enforcement has been velopments, possible impacts of the 2012 of the Federalist Society, took the at very high levels for several years,” said election, legal services for immigration and opposite side, arguing that the first Visiting Professor Andrew Schoenholtz, refugee protection. ground for the law is “obvious,” since who led the day’s opening panel on the The afternoon keynote address was a masked or veiled society is a secu- aftermath of the Court case. delivered by Alejandro Mayorkas, direc- rity threat. More than 8000 state bills and resolu- tor of U.S. Citizenship and Immigration Nor does such a society match tions have been introduced on immigration Services, with Charles Wheeler of the the French vision of social life, he since 2007, according to the National Con- Catholic Legal Immigration Network continued. “Our country is not an in- ference of State Legislators. In 2010, the serving as moderator. U.S.C.I.S. recently dividualistic one … we see the society U.S. Department of Justice filed a constitu- launched a new program designed to allow first and then the parts,” he said, not- tional challenge to the Arizona bill. While children who entered the United States as ing that since the French Revolution, the Supreme Court struck down three of its illegal aliens to avoid deportation and apply living together requires respect for provisions on federal preemption grounds, for a longer work permit. The program was others. “That is something that you do it let stand the section that requires law en- announced in June and quickly began ac- not have in this country … you have forcement officers conducting a lawful stop cepting applications. liberty, you have equality, but you have or arrest to verify the person’s immigration “One requestor submitted … two or no fraternity,” he said. status in some circumstances. Separate three file boxes full of documents to estab- There is no criminal trial or jail time civil rights suits against the Arizona law are lish … that individual’s eligibility for the imposed on a woman who wears a still pending in federal court. program,” Mayorkas said. “This individual burqa in public, and police cannot Thomas E. Perez, assistant attorney was basically presenting his or her life to force a woman to unveil. “We do be- general of the DOJ’s Civil Rights Division, our agency — and that’s what we deal with, lieve in the role of the face in civiliza- discussed opportunities for immigrants in we deal with people’s lives.” tion,” Briard said. the fields of education, employment, housing, fair lending, access to the courts and

Spring/summer 2013 • Georgetown Law 21 Lectures and Events N afees Ah med

Post-Court Panel on “Dog-Sniff” Cases

It’s not often that “the most important entity” in a Supreme Court case happens to be a dog. But a pair of cases heard by the Court on October 31— Florida v. Jardines and Florida v. Harris — featured two of them: Franky, a chocolate Lab, and Aldo, a German Shepherd, both trained to detect drugs. “The Florida Supreme Court held that the dog sniff of the home was N afees Ah med a search within the meaning of the Panelists Michele Dunne, a former diplomat, and Professor Sahar Aziz of Texas Wesleyan Law School join Fourth Amendment, and probable Visiting Professor Brian Wolfman at the Law Center on October 10. cause was required before the police could use a dog that way,” explained Professor Paul Butler, discussing Experts Discuss Challenges whether Franky’s “alert” at the front door of a house in Jardines consti- tuted a government “search.” To Democracy in Egypt Harris, meanwhile, presented the n October 9, Egyptian President law. Freedom of information is “the bread separate question of probable cause; Mohammad Morsi marked his and butter of any pro-democracy move- specifically, whether an “alert” by Aldo O 100th day in office by pardoning thou- ment,” she added, and while the Egyptian at the passenger door of a truck was sands of political prisoners from the people have voted for the government sufficient to establish it. “There’s not Mubarak era. The next day a panel of they want, they will not see democracy one national certification program for experts gathered here to discuss the legal until freedom of information is achieved. dogs, and the Florida court was very ramifications of Morsi’s actions and the Visiting Professor Brian Wolfman, concerned about that,” Butler said. challenges to meaningful democracy another panelist, described the benefits Butler’s guests included the very Egypt still faces. of the U.S. Freedom of Information people who had argued the cases Egypt made strides in its first 100 Act and discussed how pro-democracy just hours before: Howard Blumberg, days under Morsi, said panelist Michele movements, including Egypt’s, need counsel for Joelis Jardines; Glen Gif- Dunne, a former U.S. diplomat who similar measures to increase government ford, counsel for Clayton Harris; Brian was based in Cairo. But as long as the dialogue and expand civil society. Schmalzbach, counsel for the state of Egyptian police, military and media do The panel was hosted by the George- Florida; and Dan Schweitzer, Supreme not change, Egypt’s revolution will not be town Law chapter of the American Civil Court counsel. fully realized. Liberties Union, the International Law “Most of the problems in Egypt were Society, Human Rights Action/Amnesty caused by a lack of transparency,” said International and the Egyptian-American Professor Sahar Aziz of Texas Wesleyan Rule of Law Association. Law School, who recently wrote a report on international freedom of information

22 Spring/summer 2013 • Georgetown Law Lectures and Events N afees Ah med Professor Susan Low Bloch (top left) leads a panel on the Supreme Court case Fisher v. University of Texas that included Susan Buckley of Cahill Gordon & Rein- del, David Gans of the Constitutional Accountability Center, and (bottom row) Elise Boddie of the NAACP Legal Defense and Educational Fund and Ilya Shapiro of the Cato Institute. Professor and Attorneys Weigh Affirmative Action Case

isher v. University of Texas was the But Fisher asks whether the University “The University of Texas [has an] inter- Ftopic of much discussion at the Law of Texas can consider race in admissions est in deciding who to educate, how to Center last fall. On October 3, Professor decisions under a plan that already ensures educate, who should teach and how they Susan Low Bloch led a panel sponsored by diversity without it. The university auto- should be taught,” said Buckley, one of the Law Center’s American Civil Liberties matically admits students graduating in the the attorneys who filed an amicus brief on Union, the American Constitution Society top 10 percent of their state high school behalf of six Catholic universities includ- and the Federalist Society. And the oral classes — which acts to enhance diver- ing Georgetown. But “you have to take the argument of respondent University of Texas sity in the classroom — then proceeds to First Amendment ‘thumb’ and put it on the was mooted here the same day. consider race as a factor in the remaining scale in this case too.” Fisher, as Bloch noted, is “the most admissions decisions, a system that plain- recent in a fairly long line of affirmative ac- tiff Abigail Fisher says violates the Consti- tion cases dating back to the 1970s.” In the tution’s equal protection clause. 2003 case Grutter v. Bollinger the Court Panelists — which included attorneys held that a university may consider race as Elise Boddie, Ilya Shapiro, David Gans part of an individualized, holistic admis- and Susan Buckley — explored possible sions process tailored to achieve a diverse outcomes, including a limited holding or a student body. 4-4 tie, since Justice Elena Kagan recused herself from the case.

Spring/summer 2013 • Georgetown Law 23 Lectures and Events

Cases Make Their Way to the High Court — With Students’ Help

n April 2012, Tara Stearns (L’12) and Court of Appeals for the 4th Circuit, [and Wolfman says the clinic has been IRaymond Tolentino (C’09, L’12) were now it will be argued] before the Supreme lucky in getting no fewer than three recent finishing up their work in Georgetown Court,” Vladeck told a group of admitted Supreme Court cases for the students to Law’s Institute for Public Representation students in January. “So many generations work on. One was Elgin v. Department of Clinic, taking an exam or two and looking of Georgetown students have worked on the Treasury, decided by the Court in June ahead to graduation. And then it came, the this case.” 2012, in which civil service employees ultimate law school “capstone” — would And a new team was on hand to help attempted to challenge their terminations they like to draft a Supreme Court cert Counsel of Record Deepak Gupta (L’02) for failing to register with Selective Service. petition? and Visiting Professor Brian Wolfman — And last fall, IPR students Goza and Karin “Of course I think we were both very who took over the case, along with the Herzfeld (L’13) researched and drafted an excited to do it,” says Tolentino, who with IPR clinic co-director role, from Vladeck amicus brief in U.S. Airways v. McCutchen Stearns finished the first draft of the peti- in 2009 — with the merits brief last fall. — before hearing oral arguments in the tion — in about six to nine business days. Katherine Florio (G’13, L’14) and J. Kirk Supreme Court on November 27. On October 5, the Court agreed to Goza (L’13) worked even after their clinic All the students did a terrific job, Wolf- review the McBurney v. Young case, asking semester was supposed to be over to com- man says. “We entrusted them with high- whether a state may constitutionally deny plete the brief, filed December 26. “It was level challenging work, and they responded nonresidents the same right of access to an amazing learning experience,” Florio with top-rate advocacy — sometimes under public records afforded to citizens of that said. time constraints rarely faced by the most state. Fortunately, Professor David Vladeck, Following the state of Virginia’s re- experienced lawyers.” the former IPR clinic co-director who filed sponse on January 24, John Didday (L’13), the case back in 2009, predicted that it Sandy James (L’13, Ph.D.’15) and Adam Genesis Health Care Corp. v. Symczyk would reach the High Court and from the Wesolowski (L’13) stepped in with the pe- start enlisted the help of his students to titioner’s reply brief. Gupta argued the case Professor Neal Katyal and his students, assert that Virginia’s Freedom of Informa- before the Court on February 20; another meanwhile, headed to the Court on tion Act was unconstitutional under the alum, IPR Staff Attorney Leah Nicholls December 3 for oral arguments in Gen- privileges and immunities and dormant (LL.M.’11), twice argued the case in the esis Health Care Corp. v. Symczyk, a case commerce clauses. 4th Circuit and successfully overturned a interpreting the Fair Labor Standards “This is a case that clinic students have district court ruling that IPR’s clients did Act that had huge implications for class worked on from the inception through dis- not have standing to sue. actions. Katyal, the former acting U.S. trict court, twice through the United States solicitor general, argued the case on behalf

24 Spring/summer 2013 • Georgetown Law Lectures and Events N afees Ah med S am Hollens h ead

J. Kirk Goza (L’13) and Karin Herzfeld (L’13) drafted an amicus brief in U.S. Airways v. McCutchen. Professor Neal Kaytal turned a Supreme Court brief-writing experience into a class.

of respondent Laura Symczyk, a nurse su- section of the brief … they wrote the draft And while he acted on the other side, ing her employer for violating the FLSA by and I edited it heavily and rewrote it at Katyal could still pay Wolfman’s students a instituting an automatic pay deduction for times.” well-deserved compliment. “IPR’s brief in meal breaks. Even before the brief was due in the U.S. Airways [v. McCutchen] was the most Months before, Katyal had obtained Supreme Court in October, Katyal had a powerful articulation of the position on the permission from Dean William M. Treanor moot court session with the students, who other side,” Katyal said. and then Associate Dean Julie O’Sullivan to pelted him with questions for two hours IPR clinic student Goza, who worked turn the Symczyk brief-writing experience based on the draft brief. They then revised on the McCutchen amicus brief, noted into a class, inviting a team of five George- the brief to firm up weak spots that the that most lawyers never get an opportunity town Law students to help him on the case. questioning had identified. to prepare something for the Supreme “I wanted to use the model I had used And of course, the students attended Court — let alone before graduating from back in [the 2006 Supreme Court case every one of the four subsequent moots law school. “Professor Wolfman gave us Hamdan v. Rumsfeld], which was me work- that Katyal did — including one at the Law complete freedom to make the brief our ing with several students,” Katyal says. “I Center’s Supreme Court Institute. “They own,” Goza said. “Just another example get a ton out of that — not just practically were answering some of the questions of the amazing opportunities available to in terms of student help but in terms of in the feedback sessions, saying ‘I think Georgetown students through the clinical the ability to work really closely with a few Professor Katyal meant to say X,’” Katyal programs.” students and learn what they are all about; noted. “I want that, because I want them to These cases highlight a real strength of there’s really no substitute for that kind of be truly invested in the case.” the Law Center, Katyal said. “Its proxim- one-on-one interaction on a daily basis in ity to the Supreme Court attracts a certain the intense crucible of a Supreme Court Truly invested type of faculty and a certain type of student case.” — and the Law Center recognizes that and To that end, Katyal’s students — Na- Not surprisingly, Katyal was also involved enables those interactions. … It’s part of thaniel D. Cullerton (L’13), Jordan L. with U.S. Airways v. McCutchen, the case what makes Georgetown so great. I would Pietzsch (L’13), Peter Gil-Montllor (L’13), in which the IPR students worked on put my students up there with the very best Josh Hafenbrack (L’13) and Aaron Pen- the amicus brief. That’s because Katyal young lawyers in the country, and it is an nekamp (F’05, L’12) — worked on every argued the case on behalf of petitioner U.S. inspiration to see them grow into the role aspect of the brief. “My style, which is the Airways. of being lawyers and counselors — and not style I used in [Hamdan] was, they are in only students of the law.” control; they are the lead lawyer on a given — By Ann W. Parks

Spring/summer 2013 • Georgetown Law 25 Bill Petros

26 Spring/summer 2013 • Georgetown Law S chwab Photos: H ilary Strategic Planning Rethinking the Future of Legal Education A Special Report

By Anne Cassidy

“This is a time of challenge for legal education … but also a time of tremendous opportunity,” said Dean William M. Treanor as he opened Georgetown Law’s strategic planning council on February 1. Citing the decline in law jobs, rising tuition and increasing levels of student debt, Treanor said now is the time to “rethink how to best prepare our students.” ilary S chwab Photos: H ilary Strategic Planning

nd so began two full days of break-out groups, plenary program that supports graduates in the public sector market Asessions, working lunches and, eventually, a flurry of looking for permanent work. Applications at Georgetown new ideas to consider — ideas from people who know the are down by only 10 percent, and Dean of Admissions Andy legal world inside and out, 60 alumni from law firms, govern- Cornblatt predicts that GPA and LSAT medians will remain ment, business and public interest. An “extraordinary” group, roughly the same for next year’s entering class. said Treanor, and they couldn’t have convened at a better Still, the outlook for legal education is worrisome, and time: “We need alumni involvement like never before.” the alumni who gathered here the first week of February had Every five years Georgetown Law takes a good, hard look plenty to say about the causes and cures: Law is becoming at itself. It examines its strengths and weaknesses, analyzes “more entrepreneurial and more customer-driven,” said Cliff the legal climate in which it’s operating, looks as far into the Hudson (L’80), chairman and CEO of Sonic Corp., speak- future as it can. While it has been engaging in such periodic ing in a small group pondering changes in the profession and soul-searching for more than 30 years, this time there’s an trends for the future. Increased competition means lawyers unprecedented effort to solicit alumni suggestions and other need to see their work from the “consumer rather than the input. What kind of world awaits the class of 2033 — or law-firm model,” said Hudson, who also chairs the Law Cen- even 2013? What are the skills and ideas that best equip ter’s Board of Visitors. new lawyers for practice? Should the school change its cur- Lawyers must learn how to market themselves, too, riculum, and if so, how? And finally, how best to approach said Ndenisarya Bregasi (L’00), a partner in the investment the future in a way that reflects the Georgetown Law mis- management group at K&L Gates. “Our clients expect us to sion? The answers to these questions will help inform the understand the business side of things.” strategic plan that guides the Law Center for the next five Ted Burke (L’86), the CEO and global managing part- years. ner for Freshfields Bruckhaus Deringer and a member of And a strategic time it is, too. Only days before the Georgetown Law’s Board of Visitors, said he’s seeing more council convened, a front-page New York Times story pub- fixed fees and the demise of the billable hour. In the past, licized this sobering calculus: A 20-percent decrease in law he said, “Law firms have often just passed their costs along school applications since last year — which was already a to their clients. Clients are now resisting this, and law firms 38-percent decline since 2010. The number of applicants have to be more effective at project management as a result.” in 2013 (54,000) is barely more than half the number in As groups presented their ideas in the first plenary ses- 2004 (100,000). The loss of law jobs and the rise of tuition sion, there was further discussion about how to best prepare and debt — as well as greater awareness of job placement students for these new realities. Young lawyers need financial numbers brought about by such organizations as Law School fluency, how to read a spreadsheet, for example. But they Transparency — are widely credited with the drop in appli- can’t forget the basics, either — oral and written communications. The prognosis: Some schools may have to close and cation skills are a must. And the increasingly international many will have to trim costs. nature of legal practice means that students should be Treanor e-mailed faculty, staff and alumni alerting them equipped with a multicultural sensitivity. The consensus, if to the January 30, 2013, Times article and to the Law Cen- there was one: The law firm that takes 300 people and five ter’s efforts to combat the problems it describes. The school years to turn a newly minted graduate into a practicing attor- has always excelled at experiential learning and has recently ney is not going to be around much longer. And law schools strengthened students’ opportunities in this area. It is also in- must plan accordingly. creasing financial aid and developing an Entry into Practice

28 Spring/summer 2013 • Georgetown Law “We’ve been doing clinical education for years and are well known for it,” said Professor and Associate Dean Jane Aiken (top right), who explained the strategic planning process to alumni, including (top left) April McClain Delaney (L’89) of Common Sense Media and Beverly Perry (L’81), senior vice president of Pepco Holdings Inc.; Kevin McIntyre (L’88), a partner at Jones Day, and Sarah Steppe (L’85), founding partner of Steppe Stone & Lakey; (bottom row) Edward Cohen (L’70), principal owner of the Washington Nationals Baseball Club and Lerner Enterprises, and Lorea Canales (LL.M.’95), a novelist, journalist and lawyer from Mexico; and Caitlin Halligan (L’95), general counsel for the Manhattan District Attorney’s Office.

Spring/summer 2013 • Georgetown Law 29 Strategic Planning

Georgetown Law is “a real thought leader” and a “path breaker in times of transition,” says Dean William M. Treanor. The law school of the future is still struggling to be born. But if it can be birthed anywhere, alumni and faculty agree, it’s here at Georgetown Law.

Profound Changes synthesized and “by the end of the semester we’ll have some idea of our objectives, goals, timetable and cost,” Aiken says. The Law Center sought outside input long before the Febru- The faculty will discuss all the ideas and issue its final recom- ary meetings. In the fall of 2011, participants in a series of mendations at the end of the year. employer roundtables (focused on large firms, small firms, “We’re aware that we’re doing this at a time when there government and international) met, deliberated and came up are a lot of questions about legal education, its role and with their own recommendations, ones that echoed the stra- for some people its value,” says Professor Mitt Regan, who tegic planning council’s call for graduates to hone their writ- co-chairs the committee with Aiken. Regan has something ing skills and become more financially literate. Roundtable to compare the process with, too, having served on the same participants (who were either alumni or adjunct professors) committee five years ago. At that point, the changes now also stressed the importance of alternative dispute resolu- roiling the legal landscape were vague rumblings. Now they’re tion and certificates in such specialized areas as intellectual anything but. property and health law. In fact, the 2013 Report on the State of the Legal Mar- In the fall of 2012, Board of Visitors members for- ket — which was prepared by the Thomson Reuters Peer mulated possible “vision statements” for the Law Center Monitor and the Center for the Study of the Legal Profes- and addressed some specific questions regarding possible sion, which Regan directs — finds relatively stagnant demand initiatives in the areas of academics, experiential learning, for law firm services. The recession may have been a catalyst student development, financial administration and academic for some of these changes, but even before 2008 there was a support, says Katherine McCarthy, assistant to the dean for shift from a seller’s to a buyer’s market — and the legal sector Law Center board relations. Board members tackled such may never again be what it was during its heyday. questions as, “Should we fashion a more systematic approach Faculty members have already been debating how best to the post-grad year?” Alumni are being very engaged in the to deal with these profound changes. Professor Robin West strategic planning process this time around, McCarthy says. — whose forthcoming book Teaching Law (Cambridge) was “We are definitely casting a broad net.” discussed in a faculty workshop last fall — urges educators to Meanwhile, a recently completed alumni survey had a use this moment of change to tackle some of the deeper prob- “fantastic return,” says Matthew Calise, director of alumni lems besetting legal education, such as the fact that for more relations. The survey, which is currently being tabulated, than 100 years, ever since claims first staked out by formalists provides another opportunity for graduates to inform the and realists, law schools have shied away from teaching basic institution and help shape the next five-year plan. issues of justice. And in January, Visiting Professor Brian Ta- As for the strategic planning committee itself, which manaha, the William Gardiner Hamilton Professor of Law at includes faculty, staff and students (as opposed to the stra- Washington University School of Law and author of the book tegic planning council, which comprises alumni only), its Failing Law Schools (University of Chicago Press, 2012), first order of business has been benchmarking and baselin- came to campus and taught a course called “The Problematic ing, according to Professor Jane Aiken (LL.M.’85), associate Model of Legal Education and Its Broader Implications.” dean of clinical education and co-chair of the committee. “By So here is a law school (our own) offering a course on baseline I mean looking at what we are dealing with right now what’s the matter with law schools. A bold move — but not at Georgetown Law. What are our threats and weaknesses? surprising, given that Georgetown Law is “a real thought lead- What are our strengths and opportunities? … By benchmark- er” and a “path breaker in times of transition,” says Treanor. ing, I mean looking at other schools and other evaluations of The law school of the future is still struggling to be born. But legal education.” The committee is focusing on four specific if it can be birthed anywhere, alumni and faculty agree, it’s areas — academics, experiential learning, finances and stu- here at Georgetown Law. dent development. There will be a retreat where findings are

30 Spring/summer 2013 • Georgetown Law “We’re aware that we’re doing this at a time when there are a lot of questions about legal education, …” said Professor Mitt Regan.

Practicum Experience fall with Federal Fraud Prosecution: Theory and Practice. Students learned nuts-and-bolts information on the role of The best proof of this is the school’s top-ranked clinical the prosecutor, economic crime investigation techniques and program. One of the major criticisms of legal education is trial issues while at the same time working 15 hours a week that it fails to prepare students for the realities of practice, in the Justice Department’s Fraud Unit. Edmonds is a pros- but Georgetown Law has always been well positioned in this ecutor there, O’Sullivan says, and he “made sure that each of area. “We’ve been doing clinical education for years and are the students had a mentor … which meant that there was a well known for it,” Aiken says. “We don’t have to start from one-on-one relationship that a lot of externs don’t have.” scratch. … We understand how to use experience to maxi- That Georgetown is a place where theory and practice mize student learning because we’ve been doing it for a long meet is also illustrated by a new arrangement whereby every time.” 1L student, through his or her Legal Research and Writ- This doesn’t mean the school isn’t continually expanding class, attends one of the many oral arguments mooted ing, tinkering, striving to improve. Next year, it will open a through the Supreme Court Institute’s Moot Court program. transactional clinic. In the last three years, it has increased Given that the Institute moots at least nine out of every 10 its externships five-fold and its practicum courses (which Supreme Court cases each year — and students can walk combine seminars with field placements or projects) from a few blocks and witness the real thing a few days later — three to 33. there are many chances to do just that. “You couldn’t do this For instance, in Vicki Arroyo’s Advanced Environmental anyplace else,” Treanor says. Law: Climate Change experiential learning seminar last year, The Law Center is also providing another way to learn students dealt with both regulatory and constitutional issues by doing — through exercises such as Professor Laura as they worked on projects ranging from a defense of Califor- Donohue’s National Security Crisis Law Simulation or the nia’s fuel standards to electric vehicle deployment to working Technology, Innovation and Law Practice Seminar taught by with New York City on preparing for storms and rising seas. Professor Tanina Rostain and Adjunct Professor Roger Skal- The class “is sort of a mini-clinical experience where students beck last spring (a class that concluded with an “Iron Tech work outside of the normal classroom setting with real-world Lawyer” competition where students got to present the legal clients, usually state or local governments wrestling with … applications they had designed). climate change,” Arroyo says. “Just as we were the leader in clinical education 40 years Professor Julie O’Sullivan and Adjunct Professor Nathan- ago, now we’re a leader in the practicum,” says Treanor, who iel Edmonds added a new practicum course to the list last has been thinking about these issues not just as dean but also

Spring/summer 2013 • Georgetown Law 31 Strategic Planning By the third breakout session, alumni were discussing everything from the Law Center’s D.C. location to ways to specialize the J.D. — and anything else that could leverage established strengths.

in his capacity as a member of the New York Bar Association’s Emphasizing the Positive “New Lawyers in a Changing Profession” task force. “But we’re still learning the best way to do this. … Should we be By the third breakout session, alumni were discussing doing more experiential learning, should we be offering more everything from the Law Center’s D.C. location to ways to courses, and should they be different from the ones we’re specialize the J.D. — and anything else that could leverage offering now?” established strengths. Given the need for young lawyers to These sorts of questions were also discussed at the hit the ground running, participants talked about classes and strategic planning council in February. Attendees were asked programs that would give students a head start. to think about what they learned in law school — and what “Could we help students package a path that is interesting they didn’t. Philip Inglima (C’84, L’88), a partner in Crowell for them?” said Juliette Pryor (L’91, M.S.F.S.’91), executive & Moring’s white collar and regulatory enforcement group, vice president, general counsel and chief compliance officer praised the advocacy skill development he learned as a stu- of US Foods. That’s the sort of idea the Law Center is already dent. But on the other hand, he said, “I was an English major pursuing — and wants to expand upon. The Search Before as an undergrad. In law school no one tapped me on the the Search program, which is run by the Office of the Dean shoulder and said, ‘You will have business clients; you need of Students, the Office of Public Interest and Community to learn to deal with business people and understand the Service and the Office of Career Services, offers programs to challenges they confront.’” Kevin McIntyre (L’88), a partner help 1Ls understand their career and employment options. at Jones Day, praised the practical impact of an oil and gas “Instead of having the jobs come to them and being led seminar he took in his third year, but added: “I think it was by where the jobs are, we’re trying to get to students early in the first time I heard a professor use the word ‘client.’ Why the first year and help them think about their careers,” says shouldn’t that [approach] be taught throughout the entire Barbara Moulton, assistant dean of the Office of Public Inter- curriculum?’” est and Community Service. “Especially in such a drastically To address these concerns, the alumni in one small group changing legal market, students ought to be exploring or at brainstormed an intensive, methodical, reality-based class least thinking and reflecting on them as early as possible.” that would simulate the process of pitching a firm to a client The same philosophy holds true at the Career Services for a specific transaction — building relationships, learning Office. “We do a lot of programs on the practice of law,” says who the stakeholders are and what factors beyond black- Assistant Dean Marcia Shannon. “Last week we had over 50 letter law shape how the business of law is conducted. “Each attorneys participate in our World of Choices program, talking week would give students a different point of view,” Inglima with 1Ls about their different practice areas.” Georgetown reported back to the plenary session, a working lunch in the Law offers many opportunities to start thinking about “who Hotung Dining Room. At the end, students would interview am I?” “what do I need to learn?” and “what experiences do I the partner, associates and even the client representatives on need to get?” she says. whom the studied deal was based. Both Moulton and Shannon emphasize the small silver Other groups’ curricular changes included a practical lining of the hiring slump, the opportunity it affords students legal problem-solving course, a class called The Art of Being to choose the careers that suit them best. It was much more a Lawyer, and a plan to transform the third year of law school difficult for that to happen when Big Law jobs (and Big Law into a “bridge year” that would more closely link theory and salaries) were more plentiful. “Before the downturn, we used practice. to have 65 to 70 percent of our graduates going into the larger firms,” Shannon says. “Our worst year [2011], it was down to

32 Spring/summer 2013 • Georgetown Law ervices/Mary B u tk s WU STL Photogra p hic S ervices/Mary

“I wrote the book because I am concerned that we have created an enormous barrier to legal education,” said Visiting Professor Brian Tamanaha (right), pictured here at an event at Washington University School of Law, where he is the William Gardiner Hamilton Professor of Law. Left: Juliette Pryor (L’91, M.S.F.S.’91), executive vice president, general counsel and chief compliance officer of US Foods, with John DeQ. Briggs (L’72), co-chairman of Axinn, Veltrop & Harkrider; and Sara Crown Star (L’85), director of the Crown Family Philanthropies.

34 percent.” While things are looking up for the class of 2013 loans to approximately 7 to 10 percent of a borrower’s annual — early indications from summer associate positions indicate income and forgives any remaining balance after 20 years; for the total may rise above 50 percent again — “my impression those in government or nonprofit work the debt is forgiven is that the large law firm market is only going to come back so after 10 rather than 20 years and forgiveness is tax-exempt. far.” And that means exposing students to small-firm and cor- Furthermore, Georgetown’s LRAP reimburses public-interest porate jobs — and giving them plenty of opportunities to gain graduates for most or all of the 7 percent they are required to practical experience while they’re in school, Shannon says. pay. These programs mean the difference between monthly The enhanced importance of financial transparency and loan payments of $350 and $1,400 or higher — a sum that debt counseling are other values the Law Center emphasizes could only be paid with a salary from one of those now-scarce — even in advance of the new strategic plan — and proof Big Law jobs. “With IBR your job opportunities are wide of how hard times are leading to greater choice. The school open,” Pruett says. has made an effort to keep tuition in check, but the fact that 85 percent of students take out loans means that financing Questions and Answers a legal education is “a big issue from day one,” says Charles Pruett, assistant dean for financial aid. But as law schools come under increasing fire, even the IBR “It’s no secret that there were a number of students in program is drawing criticism. At a faculty talk given by Visit- the past who would start [at] private [sector law firm jobs] ing Professor Tamanaha last January, Professor Philip Schrag and never really intend to stay private, but only did it because — an expert on IBR — highlighted the issue of IBR’s poten- they thought they had to pay off their loans,” Pruett says. But tial to enable lawyers to work in small firms and provide more thanks to the income-based repayment (IBR) plan and loan legal services to ordinary people. In fact, Schrag’s critique of forgiveness for public interest employees (both federal pro- Tamanaha’s stance on IBR, “Brian Tamanaha’s Misguided grams) and the Law Center’s own loan repayment assistance Missile” (Georgetown Journal of Legal Ethics, forthcoming) program (LRAP), the question is “Can I live on this salary?” stimulated a lively exchange on this topic online and in the rather than “Can I live on this salary after my loans are taken pages of legal journals. into account?” Pruett says. “I support IBR — it’s a lifeline to students drowning in The current version of IBR, called Pay As You Earn debt. What I don’t support is the abuse of IBR,” Tamanaha (PAYE), is available to most graduates in the classes of 2012 said. Given declining enrollments and the plethora of law and thereafter. It limits repayment on federally guaranteed schools, the economics of the situation would seem to dictate

Spring/summer 2013 • Georgetown Law 33 Photo: B ill P e tros

To diminish the importance of scholarship would mean losing “the space within which one can now reflect on law and criticize law, …” said Professor Robin West (top left), pictured here at an earlier Law Center event. Top right: Oliver Johnson (L’87), executive vice president and general counsel for MedStar Health; Jim Jones, a senior fellow at Georgetown Law’s Center for the Study of the Legal Profession. Middle row: Judy Byrd (L’80), president of the Byrd Retail Group, and Ann Beth Stebbins (C’86, L’94), a partner at Skadden, Arps, Slate, Meagher and Flom; Sarah Cogan (L’81), a partner at Simpson Thacher & Bartlett, and David Stern (L’85), executive director and CEO of Equal Justice Works. Bottom row: Philip Inglima (C’84, L’88), a partner at Crowell & Moring; Ndenisarya Bregasi (L’00), a partner at K&L Gates, Ted Burke (L’86), chief executive and global managing partner at Freshfields Bruckhaus Deringer, and Cliff Hudson (L’80), chairman and CEO of Sonic Corp.

34 Spring/summer 2013 • Georgetown Law Strategic Planning Regan says that of the two purposes for law school — to prepare students for careers in the legal profession and to reflect on the law … — “the criticism recently is that we’re spending a disproportionate amount of time on the latter …”

that institutions whose heavily indebted graduates have only Professor Robin West, whose book Teaching Law tackles a 30-percent chance of snagging a law job upon graduation some of the same issues as Tamanaha’s, said in an earlier in- would have to close, he said. But because IBR makes debt terview that creating a “two-tiered system” of legal education amounts less relevant, those schools are more likely to stay in (allowing students to choose between schools that are more business. And that leads to what he regards as a continuing skills-based and those that are more academic) would stratify oversupply of lawyers. the academy. “You’d have an elite profession that has been The IBR program is not the only issue faculty members trained and educated at law schools that regard themselves are debating these days. In fact, the new strategic plan is as centers for academic work, and then you’d have everybody being hashed out on a campus fairly bubbling with the issues else who’s gone to these other law schools, which would not of the day. Which might explain why Tamanaha’s talk to the necessarily be cheaper [but] which would regard themselves faculty was standing room only. Regan introduced the visiting as training institutions. So that would result, I think, in a professor, saying that his book Failing Law Schools was among tiered profession, and that would be unfortunate.” the written materials the strategic planning committee con- Tamanaha argues that law schools already have a de-facto sulted as a benchmark. (Others included the Carnegie Report tiered system — with graduates from some institutions hav- Educating Lawyers: Preparation for the Profession of Law and ing only a 30-percent chance of getting a law job, yet often the American Bar Association Section of Legal Education’s paying as much tuition as their counterparts at top-ranked Report of the Outcome Measures Committee.) Failing Law schools. “What I’m trying to do is create differentiation in Schools examines everything from the pressures of the U.S. pricing as well as in program,” he said. News and World Report rankings to the teaching loads of law Another controversial issue faculty members have been professors — and it has been widely reviewed and discussed discussing is the allocation of hours spent teaching versus throughout academia as well as in the popular press. those spent on scholarship. While Tamanaha says faculty “I wrote the book because I am concerned that we have scholarship is beneficial and necessary — he’s written six created an enormous barrier to legal education,” Tamanaha books on legal theory — he pleads for balance. When profes- said to the faculty, referring to the high cost of attending law sors spend more time researching and writing, they spend less school. His power-point discussion was mostly about the time teaching, and this drives up tuition costs. numbers — out-of-pocket costs for three years of private West believes that legal academics provide a unique law school: $245,000; average debt of private law grads: service to the profession and to diminish the importance of $124,950; percentage of grads who obtained full-time lawyer scholarship would mean losing “the space within which one jobs in 2011: 55. can now reflect on law and criticize law, from a position both One way to lower costs would be to alter ABA accredita- of deep immersion in the material and also objectivity and tion standards so schools could offer various pathways to the detachment from it.” J.D., some less costly than others. Tamanaha mentioned a Regan says that of the two purposes for law school — to plan currently being considered in New York State that would prepare students for careers in the legal profession and to allow students to sit for the bar without a J.D. degree after reflect on the law in a way that helps judges, legislators and two years in law school. But many legal academics worry society as a whole — “the criticism recently is that we’re about that approach. spending a disproportionate amount of time on the latter … and a less effective job on actually preparing students for careers in the legal profession.” This is all “on the table as

Spring/summer 2013 • Georgetown Law 35 Dean of Admissions Andrew Cornblatt (left) at the strategic planning council’s working lunch on February 1. Top right: David Stern (L’85). Bottom right: Edward Cohen (L’70), Joseph Guerra (L’85), partner at Sidley Austin, and Robert Muse (L’72), a partner at Stein, Mitchell, Muse & Cipollone.

we move forward,” he adds, “the balance we should strike Commission for a semester. Stanford has changed its third between scholarship and teaching.” year to allow students to pursue joint degrees. Washington One point everyone agrees on is that something must be and Lee University School of Law has replaced its third-year done to ease the plight of unemployed and debt-ridden gradu- curriculum with clinics and outside internships. And North- ates. “The biggest problem we’re facing now is too many law western Law now allows students to complete law school in grads and not enough jobs,” West says. “I do think that it’s an two years — though they pay for three. imperative — it’s a moral imperative — to shrink the size of Meanwhile, the American Bar Association’s Task Force on the J.D. population. I strongly support it here and I support the Future of Legal Education met recently for a public hear- it elsewhere, so we can get back to the point of near full ing to discuss everything from college juniors entering law employment with our graduates.” school to relaxed accreditation standards to allow for more ex- As plummeting law school application numbers indicate, periential learning. The task force, which was asked to issue a that may already be happening. “The numbers are what they report in two years, is bumping up its schedule by more than are,” Tamanaha said, noting that the number of students six months because the situation requires prompt action. applying to law schools this year may not equal the number Here at the Law Center, a spirit of calm appraisal reigns. accepted in past years. If the decline in enrollment continues, Aiken says that it’s not a matter of throwing students out into he said, “Debate will be moot — schools will have to cut their the world but of giving them a combination of experience and budgets or they will close.” supervision. “If it’s just a matter of putting them out into the community then there’s no point to the third year. Why not Calm Appraisal just let them go out and earn money.” The key, says Aiken, who serves on the American Bar Association’s Section of For their final assignment, strategic planning council mem- Legal Education, is mining students’ clinical opportunities, bers considered ways to build the Law Center’s future in drawing lessons from them. “You can take one small experi- these tenuous times. Certificate programs. Extended versions ence and learn enormous things from it about professional of continuing legal education, say an entire weekend on identity, ethical decision-making, strategic thinking and “cross-border M&A.” New approaches to the third year. lawyering skills.” As calls for practical preparation continue, law schools are To Regan, “the best justification for three years is … looking to reinvent Year Three to produce more practice-ready [teaching] students to develop a broad range of cognitive graduates. New York University just revamped its third-year skills across the board.” One innovative way to do that is the program to provide opportunities for foreign study and spe- simulation model, where students take on roles — say, play- cializations such as tax law or working with the Federal Trade ing secretary of defense in a bioterrorism simulation — and

36 Spring/summer 2013 • Georgetown Law Strategic Planning As the last plenary session, “Building Our Future,” wound down, alumni agreed that the best way for the Law Center to move forward is to keep doing what it has been doing — and then some.

learn to think on their feet. But most any sort of experiential any other school in the country,” Treanor told the strategic education — clinic, externship or practicum — helps stu- planning council. The variety of courses offered means that dents develop judgment. And judgment is key. Clients turn to the school helps students develop a broad set of skills. During lawyers not just to know what’s legal, Regan says, but also “to his years at the Law Center, Floyd Ciruli (L’76), founder of help them think through the ramifications of following one the polling firm Ciruli Associates, created his own “extended course or another.” In fact, as market forces reshape demand, curriculum” in statistics, campaign management, polling he says, “what people are willing to pay a lawyer for nowadays and media. “My career is one example of how Georgetown is not the routine work; it’s the exercise of judgment.” Law enhances non-legal careers,” said Ciruli, who attended The topic of judgment also came up in the strategic the strategic planning council. Ciruli chairs the Law Alumni council small group meetings. “Good judgment is a result of Board, which had its own chance to comment on the stra- exercising bad judgment and learning from it. You can’t teach tegic plan at its March meeting — yet another way the Law that in a course,” said John DeQ. Briggs (L’72), co-chairman Center is encouraging alumni involvement. of Axinn, Veltrop & Harkrider’s antitrust group and managing Meanwhile, faculty members continue to debate the is- partner of its D.C. office. sues in person and online, with — as you might expect from But others thought that putting more effort in that direc- such a diverse group — greatly varying opinions. On February tion is a good idea. And Regan agrees: “There’s only so much 12, Professor Adam Levitin posted the following to the Credit [students] can learn from school, but we might be able to Slips blog: “Many of the responses to the problems in the equip them better by making them more self-aware of their legal jobs market focus on changing legal education to give own leadership styles, emotional orientation and the way they law students more practice skills and/or reduce the length of work with others,” he says. The Center for the Study of the legal education so as to reduce student debt. Both ideas strike Legal Profession, for instance, is working with faculty and the me as incorrect responses to the job market problem. Chang- externship program to provide workshops on these and other ing legal education will not create demand for legal services. subjects. Legal education reform will not create jobs.” All it will do, How else can the Law Center best prepare students for Levitin said, is “provide graduates of one school a leg up on practice? “Do we move toward something that looks like graduates of other schools in competing for a slice of the legal interning after graduation?” Treanor says. “The Entry Into employment pie.” Practice program is a start, but do we want to put more pro- Of course, giving graduates a leg up is a pretty good grams into place?” idea, too. “I think that in a time of change you have to think through how you best use your resources,” Treanor says. “Fi- Building Our Future nancial aid has gone up, so have the Equal Justice fellowships for people who work in the summer. … I think in this time of As the last plenary session, “Building Our Future,” wound transition we’re thinking with greater rigor than other schools down, alumni agreed that the best way for the Law Center are.” to move forward is to keep doing what it has been doing — Rigor — and breadth. Just a few weeks after alumni and then some. Plans of offering one-year certificates and brainstormed, professors did too, as part of the annual faculty degrees other than the J.D. and LL.M. met with a more tepid retreat. All of these ideas will be sorted and sifted and shaken response than simply building on current strengths — such some more before becoming part of Georgetown Law’s new as Georgetown’s continuing legal education program, the old- five-year plan. But one thing is certain: As faculty, staff, est in the nation, and its prime D.C. location just steps away students and alumni look toward the future, they are doing so from the Capitol. together — as a community. One of the Law Center’s most impressive attributes is its curricular strength. “We have a richer menu of courses than

Spring/summer 2013 • Georgetown Law 37 asta

25 Years of PILS White H ouse Photogra p h/William V S arah C raven, Photo courtesy

38 Spring/summer 2013 • Georgetown Law By Ann W. Parks students have embarked on public interest careers and many now serve as mentors to the program, which includes a first-year public interest law seminar. “On n the fall of 1988, Georgetown’s first class of Public

asta several occasions, a PILS student has gone for a job IInterest Law Scholars — 15 members of the enter- interview and found that the interviewer was a PILS ing first-year J.D. class — arrived on the Law Center alum,” Schrag says. campus, looking forward to studying with a group of The program can boast two former Supreme Court like-minded peers. clerks among its alumni [Caitlin Halligan (L’95) and “In the mid-1980s, entrance surveys showed that Jennifer Clark (L’08)] and two who later served as 11 percent of students entering the Law Center … special assistants to U.S. Cabinet members [Alexandra wanted careers in public service, but only one percent Stanton (L’98), who worked for Secretary of Housing of our graduates actually went into public service jobs,” and Urban Development Andrew Cuomo, and Lee Mc- explains Professor Phil Schrag, who started the PILS Goldrick (L’99), who worked with Secretary of Educa- program with Professor Jeffrey Bauman and would tion Richard Riley]. The current mayor of Providence, serve as its director until 2009. “When we asked stu- Rhode Island, is an alum — Angel Taveras (L’96) — as dents why they dropped off their intended career paths, is the district attorney of the city of Philadelphia, R. raven, White H ouse Photogra p h/William V S arah C raven, Photo courtesy R ichard M ertens we discovered that a kind of ‘group-think’ developed … Seth Williams (L’92). that only private sector work was respectable.” Today, PILS students “are working in ways that did Schrag and other faculty members believed that not exist 10 or 15 years ago,” Caesar says. Fawah Akwo creating an identifiable group of students who were (L’15), for example, is working to develop strategies to dedicated to public service — and who could support increase access to technology for victims of domestic each other in their career goals — would help those violence in Sub-Saharan Africa. “For these students, students remain committed to what they had come to who are already making significant contributions to law school to do. “At many institutions [back then], their communities, a Georgetown Law degree provides public interest minded students were largely isolated, a set of skills and training that will further enhance the adrift in a sea of firm-driven classmates,” says Carmia change that they are able to bring to the world.” N. Caesar, who directs the program today. “Phil Schrag, In these pages, we profile five PILS alumni: E. through the creation of PILS, provided those students Débora Benchoam (C’87, L’00), coordinator of the with a life raft.” protection group at the Inter-American Commission The initiative worked. Twenty-five years later, on Human Rights; Sarah Craven (L’92), director of the approximately 250 students have graduated as Public United Nations Population Fund’s Washington, D.C., Interest Law Scholars and moved on to distinguished office; McGoldrick, Teach For America’s vice president careers in government, public interest law firms, of legislative and regulatory analysis; Eric Rosenthal prosecutors’ offices, legal aid, public defender work and (L’92), founder and executive director of Disability other public interest positions. Rights International; and Williams, who was honored at PILS students — now eight per year — receive Reunion Weekend with one of the Law Center’s 2012 scholarship assistance and make a moral commit- Paul R. Dean Alumni Awards. Their inspiring stories ment to become public interest lawyers. Since the speak to the value and effectiveness of this remarkable moral commitment was instituted in 1996, most PILS program.

Former Public Interest Law Scholars Sarah Craven (L’92) with girls from the Biruh Tesfa (Bright Future) Project in Addis Ababa, Lee McGold- rick (L’99) as a White House Fellow in 2001 and Eric Rosenthal (L’92), taking notes at the Vulcan psychiatric facility in Romania in 2004.

Spring/summer 2013 • Georgetown Law 39 25 Years of PILS E. Débora Benchoam (C’87, L’00)

s coordinator of Benchoam knows more than most people about Athe protection human rights violations. Long before she entered group at the Inter- Georgetown Law’s Public Interest Law Scholars American Commission program in the fall of 1997, she spent four years in on Human Rights, E. jail as a political prisoner in Argentina. When Ben- Débora Benchoam choam was 16, she and her 17-year-old brother were (C’87, L’00) reviews student activists during the military dictatorship that urgent requests for the lasted from 1976 to 1983 in that country. Benchoam’s

Courtesy of Débora B en c hoam Commission to act on brother was organizing a protest against the military in a wide range of abuses 1977 when soldiers showed up at the family’s home in — from forced disappearances to torture to prison Buenos Aires. conditions. Part of the Organization of American “The military blasted the door open at dawn to States, IACHR strives to promote and protect human enter my home, where they killed my brother in front rights in the Americas. of me and they took me to jail,” she says. “I was in “That human rights are protected and respected is prison for four and a half years with no charges until I one of the goals that has always been in my everyday was able to be released with the help of international work, and that’s what I would like to see accom- pressure.” plished,” she says. “I still see many places where One of those who helped secure Benchoam’s there are many human rights violations, and that is release was Marshall Meyer, a rabbi from the United something that is necessary to try to address.” States working in Argentina. Another was U.S. Rep.

40 Spring/summer 2013 • Georgetown Law William Lehman, D-Fla., who not only negotiated ‘Fantastic medium’ diplomatically on her behalf but helped her attend Georgetown University following her release from As a PILS student at Georgetown Law, Benchoam prison in 1981, when she was 19. “I was determined first worked with alum Eric Rosenthal (L’92) — to do something with human rights,” she says. who had by then founded Mental Disability Rights International [see page 46] — in work that started as Necessary changes a summer Equal Justice Fellowship then continued into her second year at Georgetown Law. Benchoam, As an undergraduate, Benchoam pursued her own in fact, would help Rosenthal co-author the Septem- independent study program on the history and ber 2000 report that brought worldwide attention to politics of Latin America. After graduating in 1987, abuses in Mexican psychiatric facilities. she learned about the law firsthand as one of several “It’s very hard for most people to understand what plaintiffs suing an Argentine general, Carlos Guill- it’s like to be detained in horrible conditions like this,” ermo Suarez Mason, in U.S. federal court for human Rosenthal said recently of their Mexico investiga- rights violations during the dictatorship. The case, a tion. “You walk into a horrendous psychiatric hospital civil suit brought under the Alien Tort Claims Act, where people are abused, they are held in terrible was successful; one of Benchoam’s lawyers, in fact, conditions, naked, dehumanized. Débora, who had was Professor David Cole, then working for the Cen- herself been detained, was able to cut through the ter for Constitutional Rights. many barriers and relate directly to the people who After earning a master’s degree in education were in these facilities.” at Columbia in 1991, Benchoam moved back to During her third year of law school, with a sepa- Argentina, by then a democracy. But while working rate grant from the PILS program, Benchoam began on a dissertation — on creativity as a form of survival volunteer work at the IACHR — where she works as in detention centers and concentration camps — she an attorney today. “The PILS program was a fantas- realized she needed to learn more. “I started to work tic medium for me,” Benchoam says — adding that in education and human rights, but I saw through my though she was already deeply committed to human work that other kinds of changes were necessary … rights as a career, PILS supplied her with the means so I decided to come back [to the United States] and to work as a professional in the area. “For that I have study law,” she says. been most grateful. … I was already focused on an area, but sometimes it helps students who do not have experience in public interest to have a chance to broaden their view of human rights. … [So] it’s very important — not only to support the PILS program, but for PILS to continue.”

Spring/summer 2013 • Georgetown Law 41 25 Years of PILS Sarah Craven (L’92)

ccording to a report As a result, it’s spreading through the entire commu- Aissued by the U.N. nity, because so many people want their daughters to Population Fund, one go to that school.” out of nine girls world- Craven has been trying to raise awareness about wide is married before child marriage for more than a decade, she says. her 15th birthday. Girls When she invited Ntaiya to speak at a panel she not unlike Kakenya was organizing on the issue 10 years ago, the topic Ntaiya, engaged at received little worldwide attention; today, it’s reached

A n d rea Joseph/ Joseph P hotography the age of 5 in the the highest levels of the U.S. government and the small Maasai village of United Nations. Enoosaen, Kenya. Ntaiya was supposed to undergo A U.N. resolution last year, for example, designat- the practice of female genital mutilation and be mar- ed 10/11/12 as the first ever International Day of the ried by the time she reached her teen years, but as Girl Child — calling for an end to child marriage and a young girl, she made a terrible bargain: she would focusing on girls’ education as a key strategy in the willingly undergo the circumcision ritual if her family fight against it. The day was celebrated worldwide, would allow her to finish high school. and events in New York and Washington, D.C., were She later negotiated with village elders to let her attended by such dignitaries as Archbishop Desmond attend college in the United States on the condition Tutu, U.N. Secretary-General Ban Ki-moon, and then that she return to Enoosaen and use her education to Secretary of State Hillary Clinton. help others there. She earned a Ph.D. in education For Craven, whose agency has made “a huge ef- and now runs a girls’ school in Kenya. fort to support new programming in this effort,” the “I’ve been with her every step of the way with that day reflected 10 years of hard work and dedication. girls’ school,” says Sarah Craven (L’92), a former Pub- “That’s how long it takes [for something like this] to lic Interest Law Scholar who now acts as the chief percolate,” Craven says. “It takes time and awareness of the Population Fund’s Washington, D.C., office. to build these things.” “We’re about to bring in our fifth class of girls, and one of the pledges for being part of that school is that the families and the girls have to sign an agreement that they will not undergo female genital mutilation.

42 Spring/summer 2013 • Georgetown Law Like-minded peers The Spirit of PILS Craven knew even before law school that she wanted After graduation, Craven spent a year with the to work in the field of human rights. A native of Hawaii, Georgetown Women’s Law and Public Policy Fellow- she earned a B.A. in anthropology and political science ship Program and another year as a policy adviser for from Macalester College in 1985. She then headed to the nonprofit Centre for Development and Population the University of Cambridge for a master’s degree in Activities, where she helped people running family anthropology before coming to Washington, D.C. planning clinics develop political and advocacy skills. “I ended up working with my hometown senator “There was a 1994 International Conference on [Spark Matsunaga, D-Hawaii] on aging issues, and Population and Development where the world came then I ended up working for Sen. Tim Wirth [D- together and said we are not going to look at popula- Colo.],” Craven said. During this same time, she was tion growth as an unchecked explosion; instead, we applying to law schools. “I really wanted to be able to are looking at this from a human rights framework, have a credential that would allow me to be an advo- that every individual has the right to determine their cate for the issues I cared most deeply about, which own family size and has the means to do so,” Cra- were girls and the status of women in the developing ven explained, noting that in connection with that world.” conference she got to travel all over the world doing Once accepted at Georgetown, she applied to the advocacy training. “That was perhaps the best job I PILS program. “We [the PILS students] were both an ever had.” experiment as well as something that Phil [Schrag] After four years with the Center, she headed to cared deeply about. … Georgetown’s a big law school, the State Department to work for her old boss, Tim so it [was wonderful] to have that small community of Wirth, as senior adviser at the Office of Population; in like-minded peers.” 1998, she moved into her current position as director And with mentors like Professor Peter Edelman of the Population Fund’s D.C. office. for constitutional law, Professor Charles Abernathy “The spirit of this job is often the kind of spirit for civil procedure and civil rights and Professor that I think PILS created in me,” she said. “This is Susan Deller Ross for what was then called the Sex a very entrepreneurial, creative opportunity and I’ve Discrimination Clinic, her interest in women’s rights gotten to work on so many issues that are near and — and international women’s rights — flourished. dear to my heart.” She spent her 2L summer in Geneva, working for the International Commission of Jurists, an organization looking at human rights issues facing lawyers and judges around the world. “To be able to work for a very … pro-active group that could really push the U.N., it was just an incredible summer,” she said. “I really did go into law school knowing that I wasn’t going to come out working for a firm.”

Spring/summer 2013 • Georgetown Law 43 25 Years of PILS Lee McGoldrick (L’99)

hen Lee McGold- Fortunately for McGoldrick’s future career, the Wrick (L’99) was a operator noted that there was, in fact, a “Teach For college student at Mc- America,” and three weeks later, she was on a Grey- Gill University in the hound bus from Montreal to New York for an inter- early 1990s, she spent view. Not long afterward, she was teaching English her summers back in at an inner-city school in Los Angeles. “I learned how this country, teaching to be a very good manager, because there was a lot to at a Head Start pro- manage,” she said. “I had no fewer than 150 students

Courtesy of Lee McG o ld ri c k gram in Albany, New a day, sometimes more.” York. So it was only natural for her Canadian college After a few years, McGoldrick decided she need- roommate to ask McGoldrick if she had ever heard of ed to learn more, and law school was the logical next a new organization called Teach For America. step. “The day I was accepted into the Public Interest “She had seen a ‘60 Minutes’ show that did a Law Scholars program was the absolute tipping point, profile on Teach For America,” says McGoldrick, who and the day that happened was the day I decided to is now the organization’s vice president of legislative come to Georgetown,” she says. and regulatory analysis. Back then, she was unfamil- Other factors would contribute greatly to the iar with the nonprofit, which recruits recent college PILS experience, from the initial phone call from graduates and professionals to teach for two years in Professor Phil Schrag to the “incredible practical and urban and rural public schools. clinical experience” of many of the Georgetown Law But McGoldrick was intrigued enough, in those faculty. pre-Internet days, to pick up the phone and call in- “All of those were big factors in my decision, and formation — guessing, correctly, that the organization when I came and visited I remember thinking that was based in New York City. Georgetown felt extremely practical [and] hands-on; “I remember just dialing 212-555-1212, and I there was a mature student body and I think the was very lucky, because I said the wrong name,” says presence of the robust evening division contributed to McGoldrick. “I said, ‘Is there a ‘Teach America’ and this,” she said. “I thought, this is the place for me.” the operator said no, and they could have just ended the call there.”

44 Spring/summer 2013 • Georgetown Law Street Law a school in a refugee camp along the Pakistan-Afghan border … that was a really great year for both sort of At Georgetown, McGoldrick spent her summers diving into the area that I was specializing in but also working as a congressional fellow in the education expanding my thinking and expanding my exposure to office of the late Sen. Edward M. Kennedy, D.-Mass., other issues, too.” and also did an Equal Justice Foundation Fellow- ship working on local D.C. education issues for the Master plan Washington Lawyers’ Committee for Civil Rights and Urban Affairs. Teach For America was not a given — McGoldrick Two clinics would also help shape her future did look at some law firms — but after working at a career. One was Chai Feldblum’s Federal Legisla- large government organization like the U.S. Depart- tion and Administrative Clinic, which McGoldrick ment of Education, the idea of signing on with a draws on in her job today. “I spend a lot of my days nimble new nonprofit appealed to her, she said. And now looking at statutes and regulations, helping folks as a former TFA member, she definitely knew the understand what they say and what the implications ropes. are, and I really credit Georgetown with equipping me She came on board as vice president of regional well to engage in that,” she says. operations and transitioned into vice president of The other was Professor Rick Roe’s Street Law growth strategy in 2006. She took over her current Clinic, which sends law students into high schools to role as vice president of legislative and regulatory teach about the law. In fact, McGoldrick would stay analysis last year. “I definitely felt the draw to get on as an adjunct professor in the Street Law Clinic back to some of what I really loved while I was in law after graduation. school.” She was serving in the role one day in fall 1999 And while she says she’s “not big on master plans” when a student, Josh Kern (L’01), came into the — she couldn’t have planned for that kindly tele- Street Law seminar and remarked that he’d like to phone operator in the 1990s to point her in the right build a better high school than what he was then direction, she says — McGoldrick can trace a career witnessing in Washington, D.C. So at Kern’s urg- connection back to PILS. ing, McGoldrick drafted a syllabus for a new class in “The Public Interest Law Scholars program, it’s Modern Education Reforms. The class, launched less why I came to Georgetown, and then so much of than two months later, would culminate in a proposal what I’ve done since Georgetown connects deeply to to launch a charter school, now known as Thurgood it,” she says. “Especially now, I’m thinking if I had not Marshall Academy. taken Chai’s clinic … how would I be doing what I’m McGoldrick moved on to a White House Fel- doing right now?” she explains. “I came to see, wow, lowship, where she was assigned to work at the U.S. I really think this stuff is fun — so I’m really grateful Department of Education. The highlight of the fel- for that.” lowship was an international policy trip to India and Pakistan in the summer of 2001. “I remember visiting

Spring/summer 2013 • Georgetown Law 45 25 Years of PILS Eric Rosenthal (L’92)

ric Rosenthal (L’92) From the hillsides of Israel, Rosenthal came Estudied mental to Washington to work in what is now the Bazelon health in college, Center for Mental Health Law. There, he learned planning to become a about legal rights issues relating to mental health, bid- psychiatrist. But during ing his time while he applied to law school to study a volunteer stint in a international human rights. In the late 1980s, the two psychiatric hospital, he subjects were still worlds apart. realized he didn’t want The critical moment came at Georgetown Law L l oy d Wo f to be a mental health when Rosenthal — a Public Interest Law Scholar — professional. So he went to Israel and herded sheep. found himself in his first class in international human “It was my first work experience after college,” rights. “People said a little bit about themselves, and I laughs Rosenthal, who is today the director of Dis- mentioned that I was interested in human rights but ability Rights International, the nonprofit he founded that I had this mental health background,” Rosenthal after graduating from Georgetown Law. Back then, recalled. “The professor after class walked over and he was working at Neve Shalom, a peace-building said to me, ‘For your term paper there’s a subject that village of Jews and Palestinian Arabs of Israeli citizen- I’d really like you to write about … I have never seen ship. “One of the important skills I learned in peace anything written in the international human rights building between Arabs and Jews [was] Bedouin field about the international human rights of people sheep herding techniques … we used the traditional with mental disabilities.’” Bedouin approach, which is to wander across the hillsides with our sheep, and so learned about Bedouin Overlooked culture.” The experience in Israel made Rosenthal want to The (adjunct) professor was Juan Mendez — who change focus — or so he thought — and become an is today the U.N. special rapporteur on torture. “He international human rights lawyer instead of a psy- was one of the founders of the human rights field; he chiatrist. But those two seemingly disparate interests, was a political prisoner himself in Argentina, he was mental health and international human rights, would tortured, and I’ve since come to understand why he one day merge in a way that neither Rosenthal — nor would understand the mental health implications of anyone else, for that matter — could have envisioned. human rights issues because of the incredible impact

46 Spring/summer 2013 • Georgetown Law that it had on him and his family to be detained and Gratifying tortured,” Rosenthal explains. “So it is significant that he was the one who charged me with this … I wrote a Rosenthal launched Mental Disability Rights Interna- paper for his class that I later turned into a law review tional (now Disability Rights International) right after article, and that paper and that law review article law school — and has never looked back. A report really provided the framework for the next 20 years of on abuses in Mexican psychiatric facilities received my career.” worldwide attention in 2000, prompting the new As Rosenthal soon discovered, he was entering Mexican government that came into power to initiate a field that didn’t exist. Scouring the law library in a resolution to begin drafting what would later be- 1990, he found work about human rights abuses come the U.N. Convention on the Rights of Persons against political dissidents in Soviet psychiatric hos- with Disabilities. pitals — but not much else. “It had never occurred An analysis of how U.S. foreign assistance could to people that [persons] who are in the psychiatric perpetuate the segregation of persons with disabili- hospitals who are not political dissidents … also ties when used in a discriminatory manner abroad had rights,” Rosenthal explains. “I knew from my led Congress to adopt legislation requiring the U.S. civil rights background that in the United States, we Agency for International Development to abide by its spent 20, 30 years working to deinstitutionalize and own disability policy — ensuring that federal dollars to protect the rights of people with disabilities under are used in a manner that is inclusive and appropri- civil rights law … [so] why is it that in the interna- ate for people with disabilities. For his efforts, he tional area this issue has been completely and totally received the Betts Award from the American As- overlooked?” sociation of Persons with Disabilities, a prestigious Using the summer research funds he received as disability rights award in the United States. a PILS student and a fellowship he obtained from To Rosenthal, the most satisfying thing about the Ford Foundation, Rosenthal headed back to the his work has been the transformation of the field as Middle East during his 1L and 2L summers to do a whole. “When I first started saying I’m a lawyer, field research on mental health and human rights I want to do international human rights for people issues. “PILS was important as a supportive commu- with disabilities, in most parts of the world people nity,” Rosenthal says. “But the fact that it gave me the would just look at me and say, ‘What do lawyers have support to get that practical hands-on experience was to do with mental health? What does human rights invaluable.” have to do with mental health?’” he says. “And in 20 years I’ve seen a total transformation from it being an overlooked field to it being one of the core areas of international human rights. That’s a deeply gratifying feeling.”

Spring/summer 2013 • Georgetown Law 47 25 Years of PILS R. Seth Williams (L’92)

hen Philadelphia Another role model was his father — who Wil- WDistrict Attorney liams called “his best friend” in a Georgetown Law R. Seth Williams (L’92) video interview that aired when Williams was honored visited South Africa last with one of five Paul R. Dean Alumni Awards at year on an Eisenhower Reunion Weekend last fall. “My father would often Fellowship, he noticed repeat at dinner, or wherever we were, unless you are men bowing their willing to be part of the solution you forfeit your right heads to their elders to complain.”

Courtesy of P hi l a d e phia D. A .’s O ffi c and saying the word “ubuntu.” Serving the public “It’s a Zulu word that means respect and humanity, but the deeper meaning, when someone bows their It’s a right that Williams himself has never given up. head and says ‘ubuntu,’ [is] ‘I am who I am because of As a teenager in Philadelphia in May 1985, he saw you,’” said Williams. “There’s such a great connection more than 60 homes in his neighborhood burn down between these people, an interrelationship, and it’s — the result of a bomb dropped by police on a house the lack of that which allows for so much street vio- owned by members of MOVE, a black liberation lence, I believe, in Philadelphia — the fact that these group. Williams, then in high school, led an effort to young men don’t think they are connected with each get clothes for the survivors. other, when really they have so much in common.” And when he reached Penn State, he was presi- Fortunately, “ubuntu” is a principle that has reso- dent of the entire undergraduate student government nated with Williams during his life, even if he didn’t — representing 57,000 students — as well as presi- yet know the word. He still refers to Professor Phil dent of the Black Caucus. “I led marches and protests Schrag, who directed the PILS program while Wil- and sit-ins, and was arrested protesting racism at liams was at Georgetown Law, as “Uncle Phil.” Penn State,” Williams says. “I knew that I wanted to “He always took a personal interest in our careers, go to law school, to serve the public in some fashion.” in guiding us through law school, and was always accessible to help us and to answer questions and to guide us,” Williams says. “I’m very grateful for him.”

48 Spring/summer 2013 • Georgetown Law ed inspector general by the mayor of Philadelphia. The PILS program was one of the reasons Wil- After another stint at a law firm, he ran for district liams chose Georgetown Law — in addition to the attorney in 2009 — winning 75 percent of the vote school’s Washington, D.C., location. Like Craven, — and has been serving in the role since January 4, his mentor would also be Professor Peter Edelman, 2010. He is the city’s first African American D.A. “It’s former legislative aide to Robert Kennedy. my responsibility to ensure public safety in the city of “I wasn’t sure what I wanted to do, whether I Philadelphia and to ensure that the right people are wanted to work for the NAACP’s legal defense fund prosecuted, that their rights aren’t trampled upon, but like my hero, Thurgood Marshall, or if I wanted to do also to be an advocate and a champion for the victims something with the [disabled] or with housing law,” of crime,” he says. Williams says. The critical moment came when Wil- He’s been broadening his horizons as well. During liams took part in Schrag’s Center for Applied Legal his Eisenhower Fellowship to Australia and South Studies clinic and the Criminal Justice Clinic with Africa, for example, Williams examined the successes Professor John Copacino. “From [those experiences] of other nations that have taken a holistic approach to I really knew that I wanted to be a champion and an addressing crime, looking at how education, econom- advocate for victims of crime and do all that I could to ic development and public health issues affect law ensure that the Constitution was protected.” enforcement. And of course, he’s stayed connected to Georgetown, participating in the alumni admissions Being a champion program and fulfilling PILS-related speaking requests that come his way. Williams still remembers the date he began working “The PILS program is a wonderful [way] to at the D.A.’s office as an assistant district attorney, encourage students to remain committed to careers September 8, 1992. He worked there a decade. But be- in public interest law,” Williams says, “and that’s the cause at Georgetown he also learned that lawyers can most important thing.” “reinvent” themselves, he next tried his hand at private practice in a mid-sized law firm. He was then appoint-

Spring/summer 2013 • Georgetown Law 49 On Constitutional Disobedience by Louis Michael Seidman faculty article

The Argument Briefly Stated

The American Constitution is the oldest currently in force in the world. It was written generations before the advent of the techno- logical, material, cultural, and moral conditions that define modern American life. When the framers did their work, America was a small, preindustrial society huddled along the eastern seaboard. A large portion of the country’s economy depended upon slave labor. Travel was arduous and treacherous. Communication beyond one’s immediate environment took weeks or months. The framers knew nothing of nuclear weapons, mass production, multiculturalism, cell phones, professional sports, modern birth control, or global warming. They had never heard of Martin Lu- ther King Jr., Bill Gates, Albert Einstein, Adolph Hitler, or Lady Gaga. It is impossible to imagine what they would have thought of women’s liberation, evolution, gay marriage, psychoanalysis, reality television, globalization, or the war on terror.

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his gap between them and us provides a powerful argument for giving up on con- Tstitutional obedience. The sheer oddity of making modern decisions based upon an old and archaic text ought to give constitutionalists pause. They insist that we follow the commands of people who knew nothing of our problems and have nothing to do with us, who are not even biologically related to most of us. In what sense are their hopes, fears, preoccupations, and obsessions our own? Some of its most perni- Some defenders of constitutional obedience attempt to meet this objection by relying on the so-called “living Constitution.” On this view, the Constitution can be brought up to date by reading its vague commands in light of contemporary realities. cious provisions are as Yes, the framers would have been astounded to discover that, say, “due process of law” meant the right to engage in same-sex sodomy, but precisely because the framers did not understand our world, we should read their language in a modern context. The very positively, absolutely dead decision to formulate constitutional commands in majestic generalities implies a decision to allow the language to change and grow over time. Unfortunately, however, this response is vulnerable to a number of devastating ob- as the Wicked Witch of jections. First, no one claims that all of the Constitution can be made “living.” Some of its most pernicious provisions are as positively, absolutely dead as the Wicked Witch of the West. Unfortunately, though, unlike the Wicked Witch, dead constitutional lan- the West. Unfortunately, guage continues to rule from the grave. For example, constitutional language creating the grotesquely malapportioned Sen- ate, mandating a presidential election system that allows the loser of the popular vote though, unlike the Wick- to assume office, or providing no congressional representation for residents of the Dis- trict of Columbia is hardly written in majestic generalities. As constitutional scholar Sanford Levinson has argued, provisions like these are “hard-wired.” Their specificity ed Witch, dead constitu- makes them resistant to reinterpretation, and they saddle us with results that few contemporary Americans would defend on their merits. True, in theory, the language might be changed by constitutional amendment, but tional language continues the amendment provisions of Article V are exceedingly cumbersome. These provisions are, themselves, hard-wired. As a practical matter, they make the amendment process useless when powerful minorities benefit from the status quo. to rule from the grave. What about more general guarantees like equal protection and due process of law? We can at least sometimes escape the tyranny of the past with regard to these provisions if we interpret them in light of contemporary realities. As many modern originalists complain, however, this freedom comes at the expense of authentic obligation. If “due process” means whatever contemporaries think that it ought to mean, then we are no longer bound by constitutional language in a meaningful sense. What originalists fail to point out, though, is that if we instead cabin the provisions by interpreting them according to their “original public meaning” or the framers’ specific intent, we are stuck with eighteenth-century judgments about twenty-first-century problems. Advocates of the “living Constitution” respond to this dilemma by insisting that the values expressed in these provisions are enduring even if the application of those values to facts on the ground changes over time. One might be forgiven, though, for suspect- ing that the values are enduring precisely because they do not bind us to very much. It does not require much work to construct an argument for or against almost any outcome based on “equality” or “liberty.” For example, abortion rights protect the equality and liberty of pregnant women, but abortion prohibitions protect the equality and liberty of unborn children. To the degree that the results commanded by constitutional values are indeterminate, the obligation of constitutional obedience fails to take hold. Suppose, though, that the values are at least occasionally determinate enough to decide contested cases. We still have not solved the fundamental riddle of obedience. Either contemporary Americans share these values or they do not. If we already share

52 spring/summer 2013 • Georgetown Law faculty article

the values, then we will strive to implement them not because they are part of the Constitution, but because we agree with them. If we do not share them, then we remain without an answer to the question why we should be bound by a past generation’s discredited moral intuitions. Of course, contemporary Americans might be divided about particular values. Per- haps, for example, a majority of the people as a whole reach one conclusion about a value or about the application of a value, but a majority of the people in a particular state reach a different conclusion. Any society, including our own, must find a way to work out disagreements like this. There are many possible methods. We might, for example, systematically promote compromise between conflicting value judgments. We might allow local communities to decide questions for themselves, or we might cede control to national majorities. We might even have an elite body like the Supreme Court make value judgments for all of us. It is hard to imagine, though, that a sensible person would cede the value choice to a relatively small group of people who knew nothing about modern society, who are long dead, and who held values that virtually no American would accept today. Yet this is precisely what constitutional obedience demands. This fundamental problem with constitutional obligation is not just theoretical. In- sistence on constitutional obligation is a way that some people exercise power over other people. As free citizens, we have a right to be provided with a reason before such power is exercised. But people exercising the power of constitutionalism are usually excused from the obligation to provide reasons for why we should be bound by constitutional commitments. They need not respond to even the most powerful arguments premised on policy and principle for a course of action. Instead, they are empowered to say “no” just because of words written on very old parchment. Free Americans should not put up with this sort of arbitrariness and arrogance. That, in a nutshell, is the argument against constitutional obedience. What are the arguments in favor? In what follows, I briefly summarize my best understanding of these arguments and explain, as an introductory matter, why they should not prevail. . . It is important to add that my ambitions for this chapter are very modest. I do no more than provide an introductory sketch of various arguments for and against constitutionalism. I hope to convince readers that there is a problem with constitutional obedience and that the simple responses to this problem do not resolve it. In the chapters that follow, I discuss in much more detail the harms produced by constitutionalism and the flaws in the arguments advanced by its defenders.

Ten arguments for constitutional obedience and why they all fail

Suppose, then, that the Constitution, properly interpreted, commands us to do one thing, but that our all-things-considered judgment is that it is just, or wise, or prudent to do something else. Why should we privilege constitutional text over our all-things-considered judgment? Here are the main possibilities together with very brief rejoinders:

The Supremacy Clause of Article VI makes the Constitution the 1 supreme law of the land

The Supremacy Clause states that “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the

spring/summer 2013 • Georgetown Law 53 faculty article

Land.” This language clearly establishes that, if we choose to obey the Constitution, then it is the supreme law of the land. But the Clause has this effect only if the Clause, itself, is obeyed, and whether it, along with the rest of the Constitution, should be obeyed is the very question in controversy. Obviously, no text can validate itself. If it could, then any of us could write our own constitution, declare it supreme, and thereby command the obedience of others. It follows that we must look outside the Constitu- tion for reasons why we should follow its commands.

In Chief Justice John Marshall’s words, “all those who have 2 framed written constitutions contemplate them as forming the fundamental and paramount law of the nation.”

Marshall is correct in his premise, but the conclusion that we should obey constitutional commands does not follow for reasons similar to those that defeat the first point. Of course, the framers of the Constitution wanted their commands to be obeyed. Why else would they have spent a hot, miserable summer behind closed doors and windows in Philadelphia? Anyone who asserts power wants their assertion to be successful. But the bare assertion of power coupled with a desire to succeed does not provide a reason for why we should obey. If it did, we would be obligated to follow the wishes of every petty tyrant who sought to inflict his will upon us.

“We the People” consented to the Constitution by duly ratifying it. 3 We are therefore morally bound to obey it.

Although constitutional apologists persist in ignoring or denying the fact, an important driving force behind the new Constitution came from speculators who had bought up Revolutionary War debt at pennies on the dollar and then wanted the national government to impose high taxes to insure that the debt would be redeemed at face value. The Constitution was designed to reduce the power of the state governments that threatened these interests and, more broadly, to protect the emerging commercial class at the expense of farmers and debtors. The document was ultimately ratified, but not without considerable hanky-panky and coercion directed against opponents. Nothing like all the people participated in the Constitution’s ratification. Large segments of the population, including women, slaves, American Indians, and people not owning property, were mostly excluded from the ratification process. Moreover, the process itself was arguably illegal. Amendments to the Articles of Confederation — the only thing that the Constitutional Convention was authorized to propose — required the unanimous consent of the states, whereas the Constitution provided for its own ratification when only nine of the thirteen states agreed. As if all this were not enough to dispose of this argument, the ratification process demonstrated at most that a majority of Americans then alive consented to be ruled by the Constitution. It does nothing to demonstrate that the people alive today consent. Why should we be morally bound by other people’s mistaken judgments?

4 If we don’t like the Constitution, we can always amend it. The amendment process spelled out in Article V of the Constitution is exceedingly cumbersome. Indeed, the American Constitution is more difficult to amend than any other national constitution in the world. As a practical matter, then, amendment is

54 spring/summer 2013 • Georgetown Law faculty article

often not an effective alternative to disobedience. In any event, the amendment argument, like the Supremacy Clause argument, leads us in a circle. The very question in dispute is whether Article V, like the rest of the Constitution, should be obeyed. The answer to that question cannot rest simply on the existence of Article V.

The framers were wise men who wrote a document that provides a 5 good framework for government.

One might begin by questioning just how wise they were and just how good a framework they provided. Doubtless, the framers produced a document that marked an important advance in political theory. But the history of ideas did not end with their work. Today, many of their ideas seem strange, to say the least, and even when their judgments are not morally repulsive, many of them have been overtaken by events. Among other things, many of the framers believed that it was appropriate for some people to own other people, that a government need not concern itself with the views of non-whites, women, or people not owning property, and that a federal government with sharply constricted powers could effectively govern the nation. Even as amended and interpreted, the document they wrote has many anomalies, of which, perhaps, the Of course, the framers of most egregious is the overrepresentation of small states in the Senate. Suppose, though, that we put all this to one side. Even if we stipulate the putative wisdom of the framers, the stipulation cannot provide a solution to our problem. Of the Constitution wanted course, to the extent that the judgment of the framers matches our own all-things- considered judgment — that is, to the extent that we think that they were wise — we should follow their commands. But then we are following constitutional commands their commands to be not because we are obligated to do so, but because they coincide with our own all- things-considered judgment. Obligation takes hold only when there is a gap between a constitutional command on the one hand and our all-things-considered judgment on obeyed. Why else would the other. No matter how excellent the constitutional text, its excellence does nothing to explain the riddle of obedience when such a gap emerges. they have spent a hot,

If we did not obey the Constitution, the result would be anarchy 6 or tyranny. miserable summer behind One might start again by quarreling with the premise. Other successful, nonanarchic, and nontyrannical countries like the United Kingdom and New Zealand seem to do closed doors and windows just fine without a written Constitution. In fact . . . we seem to have done just fine even though, in large ways and small, we have regularly violated a variety of constitutional provisions. In any event, the tyranny and anarchy point can be assimilated into in Philadelphia? our all-things-considered judgment. Tyranny and anarchy are bad states of affairs. To the extent that following a constitutional provision wards them off, most people will reach an all-things-considered judgment that we should follow the provision. But we need to make contextual decisions about whether and when these risks are real and whether and when they outweigh countervailing reasons for ignoring the text. For example, Lincoln’s refusal to obey constitutional text during the Civil War was arguably necessary to avoid tyranny and anarchy. So was Roosevelt’s stretching of constitutional authority during the Great Depression. When the risks of unraveling are small, or (especially) when constitutional obedience itself might produce unraveling, the anarchy and tyranny argument does nothing to support constitutionalism. When the risks are large, constitutional obligation is unnecessary because almost everyone will make an all-things-considered judgment that we should follow constitutional text.

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7 Without the Constitution, our civil liberties would be at risk.

Once again, the examples of countries like the United Kingdom and New Zealand throw considerable doubt on this proposition. It is far from obvious that these countries, which lack written constitutions, have less robust traditions of protection for civil liberties than countries with constitutional protections. In our own country, Supreme Court enforcement of constitutional text has done little to protect civil liberties in moments of crisis when our commitment to them has been tested. For example, the Supreme Court did nothing to support the right of dissenters during World War I when many were thrown in jail or to protect the victims of McCarthyism when the anti-red scare was at its height. In any event, it is quite mysterious why anyone would think that words written on a piece of paper could possibly stand in the way of abusive exercise of government power. As many of the framers themselves recognized, the Constitution provides nothing more substantial than “parchment barriers.” The only real protection for civil liberties is an engaged and tolerant public willing to respect and defend minority rights. For example, it is true that the Supreme Court declared racial segregation unconstitutional in 1954, but little real progress was made until almost a decade later when violent events in Birmingham and other parts of the south convinced northern whites that southern Jim Crow regimes were intolerable.

The framers were wise enough to write a constitution that is so In our own country, 8 vague that there is no need to disobey it.

Much of the Constitution’s language — for example, its guarantees of equal protec- Supreme Court enforce- tion, due process, and the privileges and immunities of citizens — is open textured. Unfortunately, some of its most problematic provisions — for example, its requirement that the president be a “natural born citizen” — are not. To the extent that the language ment of constitutional is open textured, its vagueness avoids but does not solve the problem of constitutional obedience. When the Constitution is so vague that we can always do whatever we want and still remain within its strictures, the problem of constitutional obedience text has done little to never arises. In these situations, the document simply does not constrain us. When the Constitution is sufficiently precise to meaningfully constrain us, the problem of constitutional obedience arises but remains unsolved. protect civil liberties in

The method by which the Constitution was adopted guaranteed moments of crisis when 9 that the framers took the long view, which should be preferred to decisions made in the heat of a particular political moment.

our commitment to The premise is, once again, subject to challenge. On the one hand, the framers, like all politicians, were concerned with immediate political issues, and, as noted above, some of their motivations for writing the Constitution were quite unlovely. On the other, we them has been tested. should not underestimate the capacity of our contemporary leaders for statesmanship. Assuming for the sake of argument that the premise is correct, we still have to rec- ognize that the framers’ ignorance of future events makes their work both better and worse. There is a trade-off between the ability to abstract from short-term political considerations, on the one hand, and the inability to mold our rules to contemporary realities, on the other. Ultimately, we have no choice but to make our own, modern judgment about the extent to which the virtues of an abstract, long-range view outweigh the vices of following constitutional commands that are obsolete or fail to take account of current exigencies.

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We should obey the Constitution because, based on our experience 1oas a people, we have come to believe that it is good policy to obey.

It is an important truth that the framers have no actual power to rule us from the grave. The Constitution has modern force only because we allow it to rule us. It is also un- doubtedly true that many Americans accept the requirement of constitutional obedience as a basic axiom of our system. But how many Americans have seriously thought about whether promoting a norm of constitutional obedience really is good policy? How many, instead, accept the axiom reflexively without considering its destructive effect on our political culture and on the goal of self-governance? The aim of this book is to generate serious thought on this subject. My hope and belief is that the norm of constitutional obedience cannot survive this sort of scrutiny. Of course, I may be wrong; readers may ultimately be unconvinced by my argument. But it is a mistake to cut off the argument before it begins with the circular assertion that the American people should obey the Constitution simply because the American people currently think that it is good policy to obey it.

v v v

I address each of these arguments at greater length in the rest of this book. For now, it is enough to note a contradiction at the root of all of them. As we have already seen, constitutionalists celebrate our founding document because it is an act of popular sovereignty — a command of “We the People.” Popular sovereignty, in turn, entails a faith that left to their own devices ordinary people can make decisions about their own lives and about the nature of their government. But insistence on constitutional obligation rejects just this faith. When a political actor tells someone “you must do this because the Constitution requires it,” the actor demands that people forsake their own deeply held moral and prudential judgments and obey commands promulgated by others. In this sense, the case for constitutional obedience is self-refuting. In the name of self- governance, it insists that people should not be allowed to make unfettered decisions about the questions that matter most to them. Perhaps the people cannot be trusted to make these decisions for themselves. But if that is true, we ought to stop pretending that we have a polity based on popular sovereignty. Paradoxically, if instead we are to remain faithful to the great goals of the Constitution, we must first free ourselves from the yoke of constitutional obligation. Constitutionalists need to stop making deeply authoritarian demands about what we must do. Once they stop, “We the People” can begin the kind of open-ended and unfettered dialogue that is the hallmark of a free society.

v v v

spring/summer 2013 • Georgetown Law 57 alumni

Daniel Toomey was honored by organization committed to provid- 1963 Chambers USA in the area of con- 1974 ing high-quality wigs to women with struction. He is a partner in the cancer who would not otherwise be Robert L. Parks, Tom Curtis has Washington, D.C., office of Duane able to afford them. “Fulfilling this principal and joined Nossaman Morris. mission is so important to her that founding partner of as a partner in the Lolly’s oldest daughter Jaime has left the Law Offices of firm’s Orange her job as a lawyer with the NLRB to Robert L. Parks, County, Calif., Dennis J. Whittlesey (LL.M.’73) is take on a full-time position as presi- received the 2012 office. Previously listed in Best Lawyers in America for dent and executive director of Lolly’s Perry Nichols with Curtis & gaming law. Whittlesey is a member Locks,” Toll writes. “This is an incred- Award. The award Green, Curtis joins Nossaman’s of Dickinson Wright’s Washington, ible commitment and a true ‘labor of is the Florida Justice Association’s health care practice, representing D.C., office. He focuses his practice love.’” The organization’s inaugural most prestigious award, given annually clients throughout the health care on commercial and business litiga- event took place November 27 at the to a Floridian who has fought for sector. tion, environmental, gaming and National Museum for Women in the justice throughout his lifetime. Indian law. Arts in Washington, D.C. For more information or to make a donation, contact Steve at Cohen Milstein Sell- Thomas J. Whalen practices with 1975 ers & Toll. Schott Johnson, handling interna- 1970 Mark H. Gallant was named to Penn- sylvania Super Lawyers and 2012 Best tional legal issues including aviation. Alan Goodman Lawyers. He practices health care was included in reimbursement law in Philadelphia. the 2013 Best 1976 1966 Lawyers in Carl W. Northrop, the managing America. He is a member of Telecommunications Kevin Dunne was named a “Life Ed McMahon received the 2012 partner in the New Law Professionals, has been named Science Star” by LMG Life Sciences Carrington Williams Preservation Orleans office of a “Dealmaker of the Month” for 2012. He is of counsel at Sedgwick. Award from the Shenandoah Valley Breazeale, Sachse November 2012 based upon TLP’s Battlefields Foundation for his instru- & Wilson. representation of wireless company mental role in preserving Civil War MetroPCS Communications in its battlefields. 1967 merger with Deutsche Telekom/T- Paul P. Biebel Jr. Robert Krakow is executive director Mobile USA. The transaction was of the SS St. Louis Legacy Project valued at over $4 billion. “Two of the was honored Christopher Mills in Boca Raton, Fla. In September, three members of TLP and four of its December 12 by (LL.M.) has been the U.S. Department of State hon- six practicing attorneys are George- TASC (Treatment named the 2013 ored surviving passengers of the SS town Law graduates,” he writes. Alternatives for Best Lawyers’ St. Louis. The ship, which carried Safe Communities), “Lawyer of the Jewish refugees, was denied permis- an Illinois justice Year” for litigation, sion to land in the United States and and health labor and 1977 organization that serves more than returned to Europe, where many of employment in the Robert Bowsher 16,000 people annually. As presiding the refugees perished in the Holo- Newark metropolitan area. He is a (LL.M.) was judge of the Criminal Division of caust. The event was held at the partner in the New Jersey office of included in the the Circuit Court of Cook County, George C. Marshall Conference Fisher & Phillips. 2013 Best Lawyers Biebel received the agency’s Justice Center in Washington, D.C., and in America in the Leadership Award for promoting was “a very important opportunity to area of tax law. He effective alternatives to incarceration advance the cause of human rights,” Steve Toll and his family have is a partner in the for nonviolent, addiction-driven crime. Krakow writes. honored Steve’s late wife, Lolly, by Baton Rouge office founding Lolly’s Locks, a nonprofit of Breazeale, Sachse & Wilson.

58 Spring/summer 2013 • Georgetown Law alumni Newsmakers

Daniel F. Attridge (L’79); H. James Williams (L’88, LL.M.’90); Glenda Baskin Glover (L’94); Tim Taylor (L’84); Timothy G. Lynch (L’95).

A. Heath Abshure (LL.M.’02), Bloomberg Businessweek and Former U.S. Deputy Treasury The University of Rochester reported the new president of the North Blog of Legal Times featured Ben Secretary Robert Kimmitt that Sue S. Stewart (L’67), a American Securities Administrators Ginsberg (L’82), a Patton Boggs (L’77) discussed the “fiscal cliff” former senior vice president and Association, was profiled in Arkan- partner who represented the on Bloomberg TV’s “Street Smart” general counsel at the university, sas Business in November. Romney campaign and played a on November 8. was awarded the Susan B. Anthony role in negotiating the rules for Lifetime Achievement Award, given The National Law Journal and U.S. District Court Judge Joseph the presidential debates. by the university’s Susan B. Anthony several other outlets reported in N. Laplante (C’87, L’90) was Center for Women’s Leadership. The November that Daniel F. Attridge The Tennessean and several other honored by the Catholic Lawyers award recognizes Stewart’s “dedica- (L’79), managing partner of Kirk- outlets reported in November Guild with the seventh St. Thomas tion to women’s issues and commit- land & Ellis’s Washington, D.C., that Glenda Baskin Glover More Award, according to the ment to the local community.” office, has been named dean of (L’94) has been named president Union Leader (New Hampshire). Catholic University of America’s of Tennessee State University. San Diego County Superior Court The Korea Herald reported in Columbus School of Law. Judge Tim Taylor (L’84) was fea- The (Massachusetts) News Telegram January that Dong-heub Lee tured in a story in an October An article on Mahari Bailey (L’07) reported that John Griffin (C’67, (LL.M.’86) has been nominated Los Angeles Times article called and his crêperie and espresso bar, L’70) received the St. Thomas More chief justice of the Republic of “Hiker Thrilled After Note He Left Café Rue 52, in West Philadelphia, Society of Worcester County’s Dis- Korea’s Constitutional Court. on Peak in 1972 Is Found.” As appeared in Next American City. tinguished Attorney Award during Timothy G. Lynch (L’95) has reported by the Times, a 13-year- the Diocese of Worcester’s Red The Detroit Free Press reported on been named general counsel at old Taylor left a note in a film Mass on October 21. December 7 that Terrence Berg the University of Michigan; a canister on a mountaintop in the (F’81, L’86) has been confirmed as The (Pittsburgh) Tribune-Review profile appeared in Corporate Sierra Nevada mountains on August a judge of the U.S. District Court for reported that David A. Harris Counsel in January. 17, 1972, asking the finder to the Eastern District of Michigan. (LL.M.’88) was selected by the contact him at his home address. Nancy Hogshead-Makar (L’97) YWCA of Greater Pittsburgh as The note went unrecovered for The National Law Journal inter- was featured in a November Inside a winner of a 2012 Racial Justice 40 years until a 69-year-old hiker viewed Thomas Boggs Jr. Higher Ed article on Title IX. Award in the legal category. named Larry Wright discovered it in (C’61, L’64) in November on the A Q&A with Tara Plimpton (L’94), September 2012. Unable to locate occasion of the 50th anniversary An article on Mazie Hirono, general counsel of GE Energy Taylor through the address on the of Patton Boggs. D-Hawaii (L’78), the first Asian- Management, appeared in the Daily note, Wright reached out to the American woman to serve in “A Messenger Who Does the Report in October. media and succeeded in finding the the U.S. Senate, appeared in the Shooting,” a profile of Stephanie former Boy Scout, now a judge (and Huffington Post in January. An “Op-Doc” (a short, opinionated Cutter (L’97), a deputy campaign Georgetown Law alum). documentary) by Dawn Porter manager for President Obama’s The Washington Post reported in (L’93), appeared on the New York The Tennessean and several other reelection, appeared in the New October that U.S. Senior District Times website in January. As the site outlets reported in December York Times on October 12. Judge Thomas F. Hogan (C’60, reports, Porter’s film, “True Believers that H. James Williams (L’88, L’66) was scheduled to receive the Sandra Fluke (L’12) was a candi- in Justice,” follows Travis Williams, LL.M.’90) is the new president 30th annual Edward J. Devitt Dis- date for Time magazine’s Person “a young public defender in the of Fisk University. tinguished Service to Justice Award, of the Year 2012. Deep South, who struggles against recognizing exemplary careers on Maui Now reported in Decem- long hours, low pay and staggering Reuters reported in January that the bench. ber that Joshua Wisch (L’02) has caseloads to bring justice to all.” former federal judge Arthur J. been appointed deputy director of Professor and Associate Dean Gajarsa (L’67), who retired from The New York Law Journal reported Hawaii’s Department of Taxation. Nan Hunter (L’75) the U.S. Court of Appeals for the in December that Family Court and her blog were cited in a Federal Circuit in June, joined the Judge Jeanette Ruiz (L’86) has November 12 Time magazine Boston office of WilmerHale as been appointed supervising judge story about support for same- senior counsel in the firm’s intellec- of the Brooklyn Family Court. sex marriage. tual property litigation practice.

spring/summer 2013 • Georgetown Law 59 Alumni awards, recognitions and appointments io n e s y A m r i can B ar ss o c at Co urt

Texas Access to Justice Foundation

Angel Kelley Brown (L’92) with friend Joseph Kayizzi; Sen. Mazie Hirono (L’78), D-Hawaii; Shannon Frison (L’95); Clark Walton (L’05). Bottom row: Texas Access to Justice Foundation Board Member Joseph Barrientos, Texas Supreme Court Justice Nathan Hecht, Sen. Juan “Chuy” Hinojosa (L’74) and Texas Rep. Todd Hunter; Michelle Mitchell (L’09); Joel Barrows (LL.M.’93).

The 113th United States Congress includes Shannon Frison (L’95), who serves as an Award for outstanding leadership in interna- four newly elected Georgetown Law alumni, associate justice of the Roxbury Division of tional law and pro bono legal services. She bringing the total number of Law Center the Boston Municipal Court, was also just also delivered the keynote remarks at the uni- graduates serving in Congress to 13. Rep. confirmed as a judge on the Massachusetts’ versity’s Cap and Gown Convocation. Mitchell Mazie Hirono (L’78), D-Hawaii, has been Superior Court. She previously served as is an associate in the Washington, D.C., office elected to the Senate. She joined incumbents an officer and a lawyer in the United States of Hughes, Hubbard & Reed. Mark Kirk (L’92), R-Ill.; Majority Whip Dick Marine Corps, where she handled both Marc H. Morial (L’83) has been appointed Durbin (F’66, L’69), D-Ill.; and Patrick Leahy criminal and civil litigation on assignments to the President’s Advisory Council for Finan- (L’64), D-Vt. On December 18, Leahy was in Hawaii and North Carolina. cial Capability by President Barack Obama. sworn in as president pro tempore of the Sen- Texas Sen. Juan “Chuy” Hinojosa (L’74) Morial is president and CEO of the National ate, making him third in line in succession to was honored with the Texas Access to Justice Urban League. the presidency after Vice President Joe Biden Legislative Hero Award in October. The Legisla- and House Speaker John Boehner, R-Ohio. Clark Walton (L’05) was named the American tive Hero Award recognizes legislators who Bar Association’s National Outstanding Young John Delaney (L’88), D-Md., Lois Frankel have significantly advanced access to justice Lawyer for 2013. Walton currently serves as (L’73), D-Fla., and Ann McLane Kuster in Texas. counsel for the Charlotte law firm of Alexan- (L’84), D-N.H., have been elected to the House Jason Kander (L’05) writes that he was “re- der Ricks and is also an adjunct professor at of Representatives. Law Center graduates cently elected Secretary of State in Missouri” the Charlotte School of Law, where he teaches re-elected to the House include David Cicil- and that, at 31, he is “the youngest statewide courses on cybercrime and evidence. Walton line (L’86), D-R.I.; John Dingell (C’49, L’52), officeholder in the United States.” Kander has worked on pro bono cases representing D-Mich.; Peter Visclosky (LL.M.’82), D-Ind.; is a former U.S. Army captain who served in Iraqi nationals who assisted the U.S. govern- Chris Van Hollen (L’90), D-Md.; Frank Wolf Afghanistan as a military intelligence officer. ment in Operation Iraqi Freedom and has (L’65), R-Va., and Minority Whip Steny Hoyer He lives in Kansas City with his wife Diana organized the Wills for Heroes program in (L’66), D-Md. Kander (L’05). North Carolina, which provides wills and estate Joel Barrows (LL.M.’93) was recently planning documents free of charge to first Samyr Laine (L’10) advanced to the final appointed an Iowa District Court judge by responders. round in the Olympic triple-jump, competing Gov. Terry Branstad. Prior to his appointment, for Haiti in London in 2012. Derek Webb (L’12) received the American Barrows served as an assistant U.S. attorney Inns of Court’s prestigious Warren E. Burger for the Southern District of Iowa. In January, White House Chief of Staff Jacob Prize for his essay “The Original Meaning J. “Jack” Lew (L’83) was nominated for the Angel Kelley Brown (L’92) was nominated of Civility: Democratic Deliberation at the post of U.S. Secretary of the Treasury. He was to the Massachusetts Superior Court by Gov. Philadelphia Constitutional Convention.” The confirmed on February 27. For more on Lew, Deval Patrick and confirmed in January. An award is given every year to unpublished ar- see the “Spotlight” profile on the last page of associate justice of the Brockton District Court ticles of 10,000 to 25,000 words that address this issue. since 2009, Brown also practiced law for 16 issues of legal excellence, civility, ethics and years. She is an adjunct professor at Suffolk Michelle Mitchell (L’09) received Trinity professionalism. See page 80 for an excerpt of University Law School. Washington University’s Woman of Genius the article.

60 spring/summer 2013 • Georgetown Law alumni

Caleb L. Nichols (LL.M.) is Chris Whitney has been named Renee Chube Washington has been engaged in the general practice of law 1981 the 2013 Best Lawyers’ “Providence named chief operating officer of USA throughout Pennsylvania with some Litigation-Construction Lawyer of the Track & Field, overseeing the organi- Lawrence Segal and Wayne Skigen emphasis on representation of small Year.” Whitney is a partner at Little zation’s daily operations. She was pre- are law firm partners at Segal Skigen, business, social security and litigation Medeiros Kinder Bulman & Whitney viously with Northrop Grumman. a litigation boutique in Beverly Hills, in federal courts. in Providence, R.I. Calif. The firm handles civil litigation on behalf of plaintiffs and defendants in a variety of civil matters, including Robert Struble was included in the 1988 entertainment, corporate/partnership, 2013 Best Lawyers in America in the 1984 Tracey E. Aronson real estate and employment disputes. fields of employee benefits law and Keith C. Jones was included in the has been promoted The partners were recently featured trusts and estates. He practices at 2013 Best Lawyers in America in the to special counsel in numerous national publications Meyer, Unkovic & Scott in Pennsyl- areas of corporate, mergers & acquisi- at WilmerHale. following their obtaining a $3.9 mil- vania. tions, securities/capital markets and She works in the lion verdict in Los Angeles Superior securities regulation law. He practices firm’s securities Court in an invasion of privacy case in the Portland, Maine, office of Ver- department and is arising out of the illegal wiretapping rill Dana. a member of the 1978 of jailed private investigator Anthony securities litigation and enforcement Mark J. Riedy, a member of the cor- Pellicano. practice group. porate and securities section and the energy and clean technology prac- 1985 tice of Mintz, Levin, Cohn, Ferris, Gary A. Zwick (LL.M.) was admitted Michael D. Jones, Paul Jorgensen was honored with the Glovsky and Popeo, has been named as a fellow of the American College a partner in the 2012 Mayor’s Arts Award in Septem- one of the “Top 100 People in Bioen- of Tax Counsel. He is a partner and Washington, D.C., ber at the Historic Lincoln Theatre ergy” by Biofuels Digest. head of the tax and wealth manage- office of Kirkland in Washington, D.C. The award is ment section at Walter Haverfield in & Ellis, was the highest honor conferred by the Cleveland, Ohio. installed as District of Columbia in recognition of co-chair of the artistic excellence and service among 1979 Lawyers’ artists, arts organizations and arts Robert Lavet recently became gen- 1982 Committee for Civil Rights Under patrons in the city. Jorgensen, of the eral counsel of Social Finance, a Law’s board of directors in Septem- Jorgensen Law Firm, has provided Richard Blau was named in the 2013 start-up financial services firm in San ber. As co-chair with Jane C. more than a decade of pro bono legal Best Lawyers in America in the area of Francisco. Sherburne (L’83), senior executive counsel to artists and arts organiza- food and beverage law. He practices vice president of BNY Mellon and the tions in the District. in the Tampa office of GrayRobinson. company’s general counsel and Doug Ress of Kaufman, Coren & corporate secretary, he leads a board Ress in Philadelphia was one of nine of more than 200 members. inaugural inductees into the Queens 1983 1989 College Athletics Hall of Fame. Bennet Kelley was part of the U.S. Ilise Feitshans published an article delegation for the 17th U.S.-China entitled “Forecasting Nano Law: 1986 Legal Exchange in China in August Defining Nano” inNanotechnology David Weil, the chief executive offi- James S. Rosenfeld was named a 2012, sponsored by the U.S. Depart- Perceptions 8 (2012). She currently cer of Anschutz Film Group, was “Top Lawyer” in Metro Detroit 2013 ment of Commerce and China’s serves as a faculty member and a honored by the Anti-Defamation by DBusiness magazine. Rosenfeld, Ministry of Commerce. As founder of doctoral candidate in International League with one of two 2012 Enter- who practices in the Detroit office of the Internet Law Center, Kelley gave Relations at the Geneva School of tainment Industry Awards on October Butzel Long, was recognized in the a presentation on recent updates in Diplomacy. “Forecasting Nano Law,” 16. The award is given to individuals field of labor and employment law. e-commerce law. also the topic of Feitshans’s doctoral based on leadership and extraordi- thesis, was featured in the March nary innovations in the entertainment 2011 issue of UN Special. industry; the other 2012 awardee was 1987 Mary V. Murphy, deputy state’s attor- actor Rob Lowe. ney for Howard County, was named Mark Michels (F’79) has joined one of the 2012 “Leadership in Law” John Murad Deloitte Financial Advisory Services honorees by The Daily Record, Mary- received the as a director. land’s business and legal newspaper. President’s Award 1980 The award recognizes outstanding for Distinguished Porter Wright has professional achievement, community Service from Robert E. Slota named Richard service and mentoring within Mary- SUNY Upstate was recognized as McHugh (C’77) land’s legal community. partner-in-charge Medical one of the of the firm’s University. He is a Philadelphia area’s partner at Hancock Estabrook. top attorneys when Washington, D.C., Matthew Taylor was honored by the December office. He is listed Chambers USA in the area of litiga- Suburban Life in Best Lawyers in tion and general commercial law. He Whitney M. Skala published “Flex- Magazine named America 2013 in the area of employee is a partner in the Philadelphia office ible Purpose Corporations and Ben- him an “Awesome Attorney” for 2012 benefits (ERISA) law. of Duane Morris. efits Corporations: California’s Two in the area of medical malpractice New Forms of Corporate Entity” in law. He practices at Hamburg, Rubin, the Summer 2012 issue of Califor- Mullin, Maxwell & Lupin. nia Business Law Practitioner. He is a partner at his own firm, Whitney M. Skala, in San Diego.

Spring/summer 2013 • Georgetown Law 61 Alumni

Sami Toutounji (B’86) is now head Beth White received a “Champion of as managed care and financial and of the corporate group of the Paris Diversity” award from Indiana Minor- legal issues to medical societies, 1994 office of Shearman & Sterling. This ity Business Magazine. universities and staffs. She is a Richard J. group includes the office’s M&A, partner and member of Obermayer Erickson (LL.M.), capital markets, finance, tax and ben- Rebmann Maxwell & Hippel’s a national board efits practices. Business and Finance Department member of the 1991 and Health Care Practice Group. Aimee Imundo, senior counsel for Florida State competition law and compliance University Alumni Association, has 1990 at General Electric, accepted the John D. Singer, a partner with and been appointed John A. Coleman Jr. is counsel for 2012 Children’s Pro Bono Cham- co-founder of Singer Deutsch, a chair of its scholarship committee for 31 purchasers in CRP/Extell Parcel pion Award on behalf of the company securities and employment law firm 2012-13. I v. Andrew Cuomo, et al. The case from the Children’s Law Center. The with offices in New York City, Los “involved the failure of the sponsor award recognized a pro bono partner- Angeles and San Francisco, and Jen- of the Rushmore Condominium on ship formed with Arnold & Porter nifer Zeller, a 1994 graduate of the Nigel A. Greene, a Riverside Boulevard on the west side to represent children in D.C. public University of Pennsylvania’s Wharton partner in the of Manhattan to return approximately schools in need of special education School and a vice president at Inter- Philadelphia office $16 million of purchasers’ down pay- services. scope Geffen Records, announce the of Rawle & ments for failing to meet a deadline in birth of their daughter, Maya Jolie, on Henderson, has the sponsor’s offering plan,” he writes, July 9, 2012. John, Jennifer and Maya been appointed adding that Justice Anil Singh of the reside in New York City. John, who vice-chair of the New York Supreme Court ordered the Bruce Leshine was recently named a 2011 “Super ABA Tort Trial and purchasers’ down payments returned has joined Lawyer” for the New York City Metro Insurance Practice Section’s (TIPS) to them. “On December 11, the Robinson & Cole’s Area, provides legal commentary on Commercial Transportation Litigation Appellate Division, First Department, intellectual CNBC and Bloomberg Television General Committee for the affirmed Justice Singh’s decision.” property and concerning Wall Street employment 2012-2013 fiscal year. technology issues. John can be reached at jds@ practice group. singerdeutsch.com. Darrell D. Miller, Leshine brings 20 chair of Fox years of tech lawyer experience to the Joseph Zillo is the new chief financial Rothschild’s practice, in addition to previous officer and deputy executive direc- national experience in engineering and 1993 tor of finance and administration for entertainment business in the information Anna Karina NAFSA: Association of International department, has technology industry. Jiménez (LL.M.) Educators. He most recently served been named to the has been named as chief financial officer and member list of “Angelenos partner in Arias & of the senior executive team at the to Know in Intellectual Property Law” Munoz’s Costa Center for Public Integrity. by the Los Angeles Business Journal. 1992 Rica office. She Miller was chosen for his outstanding Monica Fennell has joined Faegre heads the labor achievements in intellectual property Baker Daniels as pro bono manager. and employment 1995 transactions and/or litigation. She is responsible for developing and practice group. managing pro bono initiatives for firm Dianne Chipps Bailey, an attorney lawyers to volunteer their unique pro- with Robinson Bradshaw & Hinson, has been honored by North Carolina Bradley M. Risinger, an attorney in fessional skills, focusing on address- Simone Ross has been promoted Lawyers Weekly with a 2012 “Women Smith Moore Leatherwood’s Raleigh, ing the unmet legal needs of poor to partner in the Washington, D.C., of Justice Award.” Bailey received N.C., office, was included in the and disadvantaged persons. She most office of Covington & Burling. Ross the legal publication’s Public Service 2013 edition of Best Lawyers in Amer- recently served as executive director is a litigator who specializes in white Practitioner Award and was also a ica in the field of product liability of the Indiana Supreme Court Pro collar criminal defense, corporate finalist for the periodical’s “Woman of litigation (defendants). Bono Commission. internal investigations and complex the Year” honor. Bailey leads the firm’s civil litigation. Nonprofit Organizations and Founda- tions practice group. Mary Ann Mancini (LL.M.) has joined the Washington, D.C., office Stuart Weichsel Across Classes of Loeb & Loeb as a partner. She has joined the tax leads the firm’s trusts and estates practice group at 1996 department, focusing on estate plan- The American Bar Associa- Farrell Fritz as Mark Hetfield (F’88) was named ning with an emphasis on planning counsel. Weichsel president and CEO of HIAS, the tion’s Criminal Justice Section for real estate ownership, closely held is a corporate tax global migration agency of the Ameri- boasts two Georgetown businesses and life insurance. and estate can Jewish community. He began his Law alums: Chair William planning attorney career as a Russian-speaking case- Shepherd (C’91, L’94) and with extensive experience in worker with HIAS in Rome and has Joan Roediger Chair-elect Mathias “Mat” corporate, partnership and interna- subsequently served in six positions (LL.M.) recently tional tax issues, as well as estate and over four nonconsecutive periods Heck (L’72). Shepherd is a presented several trust planning, drafting, administra- in three cities. During his time at partner at Holland & Knight lectures to medical tion and litigation. HIAS, he rose from caseworker to residents in North in West Palm Beach, Fla., and senior vice president for programs Carolina. Roediger Heck serves as the prosecut- and policy. On June 1, 2012, he was is a nationally ing attorney in Montgomery named interim president and CEO. recognized speaker County, Ohio. and lectures around the country on practice management issues as well

62 Spring/summer 2013 • Georgetown Law alumni

Mila Kofman, a research professor Matthew S. O’Connell Memorial Lester A. Myers (G’91, G’98) has Diego M. Dedeu (LL.M.) was with the Georgetown Public Policy Scholarship to benefit a Georgetown been selected as president of the elected a judge on the Buenos Aires Institute, has been named executive Law evening student. “While there Center of Concern, a Washington, Public Bar Disciplinary Court. The director of the District of Columbia have been some ongoing discus- D.C.-based social justice institute court is composed of five judges who Health Benefit Exchange. sions about the need to help evening rooted in the Catholic social tradition are practicing attorneys and serve for students, this is the first (and only) and working for greater economic, a two-year term. scholarship specifically targeted for social and ecological justice globally. Laurie H. Van them,” writes Ashley Merryman Löben Sels was (L’98). “This was the consensus for Brian J. Del Buono has been promoted to the how to best honor Matt, his love of appointed senior vice president, gen- partnership of the law and learning, and his care 2000 eral counsel and corporate secretary Duane Morris. and compassion for others. And I Andreas Borgeas of the Sun Products Corporation. Del She is a member truly hope this will become a last- was elected to Buono previously served as Sun Prod- of the intellectual ing legacy that will help students the Fresno ucts’ vice president, deputy general property practice and keep Matt’s memory alive for County Board of counsel and chief IP counsel, and is group in the firm’s San Francisco many years to come.” Donations may Supervisors and now responsible for all of the com- office. be made online or sent by mail to assumed office in pany’s legal matters worldwide. Nora Kantwill, Executive Director of January 2013. Development, Georgetown Law, 600 Borgeas is a New Jersey Avenue N.W., Washing- professor of international and 1997 ton, D.C., 20001. (If mailing a check, comparative law at the San Joaquin Matt Haltom was named senior vice please write on the memo line that College of Law. president, general counsel and sec- the donation is for the Matthew S. retary of Sally Beauty Holdings, an O’Connell Memorial Scholarship.) international specialty retailer and Direct questions to Nora at nak40@ distributor of professional beauty law.georgetown.edu. supplies. 1996 Gary J. Nelson Kenzo Kawanabe, a partner at Davis 1999 Graham & Stubbs, has been named Sylvia Arostegui to the 2013 Japanese American (B’96) has joined Leadership Delegation, sponsored by the Sacramento Japan’s Ministry of Foreign Affairs. office of Members of the delegation are top Nossaman as a Japanese-American leaders in the partner, working in nation, and the delegation will meet the firm’s real individuals at the highest levels of estate practice Japanese government, business and group. Her practice involves civil society. representing clients in a variety of complex commercial real estate development and loan transactions. In May 2012, the Alaska state leg- islature appointed Taylor Winston executive director of the Alaska Rafic H. Barrage (LL.M.) has joined Office of Victims’ Rights. The agency Baker & McKenzie’s Washington, provides representation for crime D.C., office as a partner. He has victims to ensure that their constitu- significant experience advising mul- tional and statutory rights are being tinational companies and individuals upheld and to assist them through operating and investing in the United the criminal justice process. “I had States on a wide range of interna- served as an assistant district attorney tional tax issues. for the Alaska Department of Law for 13 years, during which time I prosecuted rape, sexual abuse of chil- Matt Casey, founding partner of Ross dren, domestic violence and murder Feller Casey in Philadelphia, is lead- xxx cases as well as supervised the sexual ing a legal team representing multiple offense unit for six years,” Winston victims of Jerry Sandusky. He is a Gary J. Nelson reached the summit of Mount Everest on May writes. “This new opportunity allows leading legal voice on the case among 19, 2011. “The climb was a lot more difficult and certainly more me to serve victims more directly and plaintiffs’ lawyers. dangerous than I could ever have imagined,” he wrote – noting utilize my years of experience.” that getting to the top was not as difficult as getting back down. Kira Kimhi was elected partner at “Steep, icy slopes made the descent particularly dangerous ... Wilson Sonsini Goodrich & Rosati. however, and as with most of my other mountains, I was blessed 1998 Based in Palo Alto, Calif., Kimhi with an almost picture-perfect weather summit day. I have now Colleagues, classmates, friends specializes in representing technol- and family of Matthew Stephen ogy companies in business transac- climbed five of the seven summits. Antarctica and the Australian O’Connell, who died January 7, tions driven by the development, use, continent remain.” When he’s not climbing mountains, Nelson is 2013, of leukemia, have started the acquisition, or divestiture of intellec- a partner at Christie, Parker and Hale in Glendale, Calif. tual property.

Spring/summer 2013 • Georgetown Law 63 alumni Alumni Authors

Bishop Cynthia King Bolden Gardner (F’78, L’81) has penned a seventh book, Pomegranate Perfection: A Topical Compilation of Sermons.

Lorea Canales (LL.M.’95) has written the novel Apenas Marta (Plaza & Janes Mexico, 2011). “Hailed as one of the best books of 2011 by Mexico’s largest newspaper, Reforma, it captures the readers from the start with its complex psychological conflicts in contemporary society,” Canales writes, noting that the book is being translated into English. A writer, journalist and lawyer from Mexico, Canales worked in antitrust and electorate law in Washington, D.C., and Mexico before joining Reforma as a legal correspondent in 1997. Her second novel, Los Perros, will be published later this year.

Alan D. Cohn (L’97), an adjunct professor at Georgetown Law, has published Domestic Preparedness: Law, Policy and National Security (Carolina Academic Press, 2012). The academic casebook focuses on emergency preparedness and response law and policy and its relationship to national security.

Justin Dargin (LL.M.’11) has published Desert Dreams — The Quest for Arab Integration from the Arab Revolt to the Gulf Cooperation Council (Republic of Letters Publishing, 2011). The book discusses the history of Arab integration attempts from the late Ottoman period to the creation of the Gulf Cooperation Council. Dargin is a research fellow at the Dubai Initiative at Harvard University. He specializes in Middle Eastern geopolitics, the Gulf energy sector and the global energy market.

Grant Dawson (L’99) has co-authored Forcible Displacement Through- out the Ages: Towards an International Convention for the Prevention and Punishment of the Crime of Forcible Displacement (Brill, 2012). The book analyzes the anthropological, historical and legal contours of the crime of forcible displacement and proposes specific measures that the international community can adopt in the future. Dawson is a legal officer at the United Nations International Criminal Tribunal for the former Yugoslavia.

Lewis R. Donelson III (L’41) has published a memoir titled Lewie (Rhodes College, 2012) — the proceeds of which will go to the Janice Ost Donelson Scholarship Fund at Rhodes College in memory of his wife of 65 years. Donelson is a founder of the law firm Baker, Donelson, Bearman, Caldwell & Berkowitz and continues to concentrate in the areas of corporate and tax law.

Henry T. Gallagher (L’71) has penned James Meredith and the Ole Miss Riot: A Soldier’s Story (University Press of Mississippi, 2012), a first-person account by Gallagher, who was a young army second lieutenant assigned to guard James Meredith when the latter became the first African American admitted to the University of Mississippi in September 1962. A milestone in the civil rights movement, Meredith’s admission triggered a riot that prompted President John F. Kennedy to send 20,000 army troops to restore law and order. Gallagher, a practicing attorney in Washington, D.C., recently organized a campaign to have a Presidential Medal of Freedom awarded to John Doar, Meredith’s attorney; Doar received the award in May.

Neal Gillen (L’64) has written a new novel, 1954 Adventures in New York (CreateSpace Independent Publishing Platform, 2012), which is available on Amazon. “The reviews so far have been excellent,” he writes.

64 Spring/summer 2013 • Georgetown Law alumni

B. James Gladstone (L’93) has written The Man Who Seduced Hol- for the Georgetown University Law Center audience,” Merryman writes. lywood: The Life and Loves of Greg Bautzer, Tinseltown’s Most Powerful Merryman and Bronson’s first book, NurtureShock: New Thinking About Lawyer (Chicago Review Press, 2013). Columnists called Bautzer “Hol- Children (Twelve, 2009) was a New York Times bestseller and has been lywood Bachelor Number One” for his relationships with Joan Crawford, published in twelve languages. Lana Turner, Ava Gardner and Rita Hayworth, among others. Gladstone tells the story of this self-made lawyer whose legal talent helped him domi- Marcy Miller (L’75) has penned Rebooting in Beverly Hills: A Wise and nate the “courtrooms, boardrooms and bedrooms of Hollywood,” Wild Path for Navigating the Dating World (Bancroft Press, 2012). “Miller’s according to the book’s jacket copy. memoir fills the void for women who are thrust back into the dating scene and need to figure out the rules for romance and sex in the complex world Robin Hart (L’90) recently published her first book, Warning! Proceed of “hook ups” and “friends with benefits,” according to the press release. With Caution Into the Practice of Law (Strong Hart Publishing, 2012). Miller is a retired management labor lawyer who practiced in Washington “Despite its title, the book encourages readers to develop a plan to utilize D.C., Baltimore and New York City; she is now a jewelry designer. their law degrees,” Hart writes. “Many students focus on obtaining the degree with little regard to what they will do with it. We can all find jobs, Mari Passananti (L’99) has published her second book, a legal suspense but finding one’s passion is a key to true and lasting success.” novel called The K Street Affair (Rutland Square Press, 2013). “What if a massive corporation, one with political ties on both sides of the Atlantic, L. Paul Hood Jr. (LL.M.’88) has co-authored two books: A Reviewer’s decided to start a war?” Passananti’s website asks. “Hours after a crippling Guide to Business Appraisal (John Wiley & Sons, 2011), with Timothy R. attack rocks Washington, D.C., Lena Mancuso, a talented young associ- Lee, and Estate Planning for the Blended Family (Self-Counsel Press, 2012), ate at one of the country’s best law firms, finds federal agents at her door, with Emily Bouchard. bearing unbelievable news. Lena’s clients may have financed the murder of hundreds of civilians. … Armed with a mix of smarts, intuition and grit Robert T. Johnson (L’02, LL.M.’12) has published Eastern Awaken- she never knew she possessed, Lena will risk everything in a race to stop a ing: How I Found Myself on the Other Side of the World (CreateSpace catastrophic chain of events.” Independent Publishing Platform, 2012). The book is a photo journal that shares some of the more than 3000 pictures he took during his recent study Kevin Ryan (L’92), president of Covenant House, and Tina Kelley, abroad experience in China. “It is a story of hope and renewal set against formerly of the New York Times, have written Almost Home: Helping Kids the backdrop of a beautiful country,” Johnson says. Move from Homeless to Hope (Wiley, 2012). Covenant House has been serving homeless and runaway kids for 40 years. Ryan arrived there in the Matthew Karanian (LL.M.’01) has written Armenia and Karabakh: fall of 1992 a “newly minted lawyer fresh from Georgetown Law Center, The Stone Garden Travel Guide, an all-new third edition of what is billed hoping to save the world,” he writes in the preface. The book tells the story as the world’s first comprehensive guidebook to Armenia and Karabakh. of six kids — and through them the story of homeless youth. The book has won three awards in the United States, including an “award finalist” for best travel guide by the Independent Publishers Association. O’Neal Smalls (LL.M.’75) has penned Blessed Be the Ties that Bind: Freewoods Community in the 1950s (Vantage Press, 2011). According to Linda C. McClain (L’85) and James E. Fleming have written Ordered Myrtle Beach Online, the book “is a tightly focused memoir based on Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013), the author’s personal experiences and extensive interviews. It chronicles which develops and defends a “civic liberalism” that allows government to the year 1955 in Freewoods, S.C., a year in American society that was encourage responsibility without sacrificing personal autonomy. McClain is marked by Brown v. Board of Education and the early days of the civil rights a professor of law and Paul M. Siskind Research Scholar at Boston University movement.” Law School. Fleming, her husband, is a professor of law and The Honorable Frank R. Kenison Distinguished Scholar at Boston University Law School. Lawyerist.com recently reviewed Susan Smith Blakely’s (L’79) most McClain is also the lead editor of the book What Is Parenthood?: Contem- recent book Best Friends at the Bar: The New Balance for Today’s Woman porary Debates About the Family (NYU Press, 2013). Lawyer (Wolters Kluwer, 2012). The “guidance is exceedingly practical,” the review states. John L. McDermott (F’68, L’75) has written How American Law Lost God (New Hope Publications, 2012). Chapters cover natural law, property Simon Vande Walle (LL.M.’03) wrote Private Antitrust Litigation in the rights, right to life and many other issues. McDermott practiced law for 33 European Union and Japan — A Comparative Perspective (Maklu Publishers, years in Honolulu and is now a member of the Society of the Missionaries 2013). The book analyzes the rapid development of private antitrust actions of the Holy Apostles. in jurisdictions that, unlike the U.S., have traditionally shied away from private enforcement. Vande Walle is now a research fellow at the University Ashley Merryman (L’98) and Po Bronson have written Top Dog: The of Tokyo but his fascination with antitrust enforcement was sparked by Science of Winning and Losing (Twelve, 2013), a book about the science of Professor Robert Pitofsky’s classes. “When I registered for Professor Pitof- competition. It discusses why some people perform better under pressure sky’s antitrust law class as an LL.M. student in 2002, I was not expecting than others, how the setting of a negotiation affects its outcome and gen- very much. … In fact, the class sparked my fascination for antitrust law and der differences in competition — all topics that “should be really exciting now, more than a decade later, I am publishing a book on it.”

Spring/summer 2013 • Georgetown Law 65 alumni

Lillian Howard Exchange Commission in May 2012. November 2011 edition of the Jour- Graeme P. Smyth was promoted to Potter was He was previously deputy chief of nal of Accountancy (“Schedule UTP: partner at Latham & Watkins. He is a promoted to staff at the SEC. The Early Returns Are In”) and one finance lawyer in the firm’s New York special counsel at published in the fall edition of The office with experience in a variety of WilmerHale. She Verdict, a publication of the Georgia structured finance and securitization practices in the Ralph Winnie (LL.M.’01) partici- Trial Lawyers Association (“Ten Tax transactions, representing insurers, litigation/ pated in various events including Tips for Every Litigator”). He is a underwriters, placement agents, bor- controversy “Security Cooperation in Northeast founder of the Asbury Law firm in rowers, lenders and others. department and is a member of the Asia: Russia’s Role in Stability in Atlanta, Ga. investigations and criminal litigation Eurasia and the Far East,” a round- practice group. table hosted by the Universal Peace Adrienne Watt has been appointed Federation Office of Peace and Secu- Tyler S. Bobes the statewide director of advocacy at rity Affairs, in June; “Between the (LL.M.) has Legal Aid Services of Oklahoma. She Adam Schachter has formed Gelber Army and the Muslim Brotherhood: joined Walter previously served as the lead attorney Schachter & Greenberg, a boutique Whither Egypt” in July; conferences Haverfield as a for the Medical-Legal Partnership for law firm focusing on complex civil on Syria and Uzbekistan in Septem- partner in its real Children, a collaboration between litigation and white collar representa- ber; and a roundtable on the Balkans estate law group. Legal Aid and the OU-Tulsa School tion in Florida and across the country. in January. He was also interviewed He represents of Community Medicine. TulsaPeople on China’s Caixin Media, speaking on clients in magazine recognized her as one of the President Obama’s economic policies. acquisitions and dispositions of “40 under 40” in 2007 and an “Unsung Steph Tai received tenure at the Winnie is the director of the Global commercial properties, joint ventures Hero” in 2011. University of Wisconsin Law School Business Development and the Eur- and sale-leasebacks as well as retail, during the summer of 2012. “I’m now asian Business Coalition’s China pro- office, warehouse and industrial an associate professor, teaching and gram, Eurasia Center. leasing. writing in the area of law and science, 2005 especially as it pertains to administra- Sajeev K. Sidher (LL.M.) has been tive law, environmental law, natural Jason D. Winter was recognized by Raphael A. Prober (F’00) was promoted to director at Deloitte Tax. resources law, and food systems law,” the 2013 Best Lawyers in America recently named a partner at Akin Sidher works in the Silicon Valley she writes. “I recently published an in the areas of legal malpractice Gump Strauss Hauer & Feld. He is a practice specializing in transfer pric- article entitled ‘The Rise of U.S. law (defendants) and professional member of the firm’s public law and ing. He writes that he “is also going to Food Sustainability Litigation’ in the malpractice law (defendants). He policy practice, working in the Wash- be a first-time father.” Southern California Law Review. practices in the Cleveland office of ington, D.C., office. And I still have the iguana that I had Reminger. in law school, Mr. Spiro T. Agnew, 2006 who is now four-and-a-half-feet long Loren AliKhan was named one of rather than his former puny ten-inch 2004 Forbes’ “30 Under 30 — the Young self. And I still occasionally go around 2002 Phillip Bower was People Who Are Shaping Law and sporting bright blue hair.” Christopher Del Rosso (B’98) elected share- was named a partner at O’Melveny holder of Whyte Policy.” “Top of class at Georgetown & Myers. He is a member of the Hirschboeck Law, her resume also includes clerk- ing for two federal judges, the Justice Adjunct Professor Mark Vlasic firm’s executive compensation and Dudek. He Department’s Bristow Fellowship, a (B’96) now leads the international employee benefits team, practicing in practices in the D.C. Circuit case win at 25, and now practice at Madison Law & Strategy the Newport Beach office. firm’s Madison, in appellate practice [at O’Melveny Group, focusing on international law, Wis., office and & Myers],” the Forbes website states. international trade, business diplo- advises clients on environmental, macy, asset recovery, human rights Christian B. Sundquist was recently natural resource and energy issues. and public policy issues. Recent promoted to full professor of law and He and his wife, Carrie Casey Bower Kenie Ho was named a partner at writings include “Assassination & granted tenure at Albany Law School. (L’04), also recently welcomed their Finnegan, Henderson, Farabow, Targeted Killing — A Historical and Sundquist was formerly an associate third son, Cormac Cunningham Garrett & Dunner. He works in the Post–Bin Laden Legal Analysis,” 43 with Chadbourne & Parke in New Bower, who joins proud big brothers areas of patent litigation and IP Georgetown Journal of International York. Tommy and Finn. management and transactions in the Law 259 (2012) and “What a Bosnian firm’s Washington, D.C., office. Mass Grave Can Teach Us About Syria’s Civil War” in The Atlantic on Brian Turoff has joined the New Ginger Faulk was elected partner at December 18. York office of Venable as of counsel Baker Botts. She counsels clients on in the labor and employment group. international transactions and U.S. Chris Kellett His practice focuses on representing government regulation of foreign recently joined the litigation Richard Watkins has joined Micro companies in traditional labor matters trade and investment. Her experi- practice group Enhanced Technology in Elk Grove adverse to labor unions, in addition ence also includes Export Administra- at Carmody Village, Ill., as IP counsel. He was to counseling and litigating on behalf tion Regulations (EAR), International MacDonald in formerly the principal at Watkins Law of companies in connection with Traffic in Arms Regulations (ITAR) St. Louis. He in Chicago, Ill. employment-related matters, includ- and U.S. anti-boycott laws. ing wage and hour, discrimination is an associate and harassment issues. attorney concentrating in civil Stephen C. Smith was elected share- litigation, and he represents clients 2001 holder at Brinks Hofer Gilson & in breach of contract, premises James R. Burns was named deputy Lione. His intellectual property prac- liability, professional malpractice, director of the Division of Trading 2003 tice focuses on patent prosecution, personal injury and discrimination and Markets at the Securities and Anson Asbury (LL.M.) has penned diligence, counseling, licensing and cases. He regularly dedicates his two articles regarding federal income complex litigation in the mechanical time to various pro bono cases. taxation: one published in the and electrical arts.

66 Spring/summer 2013 • Georgetown Law alumni

CLE Update Leibowitz speaks on collaboration and competition

Leibowitz’s own record extends to the several antitrust symposia held at Georgetown Law in recent years. As event co-sponsor Sean Boland Bi ll Pe tr o s (C’75, L’78) noted, Leibowitz at the start of the 2009 conference broke the news that the Justice Department and the FTC were planning to jointly rewrite the agencies’ guidelines for merger enforcement policy. At the 2010 conference, Leibowitz introduced the final result. “This was big news in the antitrust world, and both of those events happened at Georgetown,” Boland said. Leibowitz spoke of the agency’s mission and achievements in competition enforcement — whether working to ensure competition in health care, conducting prudent merger investigations or working on policies for Federal Trade Commission Chairman Jon Leibowitz at the Symposium. patent rights. The chairman was part of a packed lineup, including Joseph Wayland As a frequent headliner at Georgetown Law’s annual Global Antitrust (LL.M.’87), the acting head of the U.S. Department of Justice’s antitrust Enforcement Symposium, former Federal Trade Commission Chairman division, who started off the day with a look at DOJ litigation. In his two Jon Leibowitz has successfully compared antitrust enforcement to some years with the department, Wayland has — like his predecessors Sharis surprisingly dissimilar subjects, like tennis. So it was no surprise when Pozen and Christine Varney (L’86) — changed the way his division liti- Leibowitz began by speaking about outer space at the 2012 symposium gates cases, according to conference co-chair Steve Sunshine of Skadden on September 19. Arps. Reading aloud from a Washington Post obituary of the late astronaut “When we file a lawsuit, we are litigating to win,” Wayland said in Neil Armstrong, Leibowitz noted that Armstrong had felt uncomfortable his opening address, noting that he never expected to be speaking on taking credit for the 1969 moon landing when he believed the mission’s antitrust matters in Hart Auditorium when he was an LL.M. student in success stemmed from the collective efforts of thousands of NASA em- international law at Georgetown in the 1980s. ployees. And to Leibowitz, that philosophy is a familiar one. Georgetown Law antitrust professors (and conference co-chairs) Steven “Though we have yet to shoot an antitrust lawyer into orbit … the FTC C. Salop and Howard Shelanski were among those moderating panels on has a record that, like the Apollo missions … reflect America at its best antitrust enforcement, intellectual property, cartel enforcement and more. and smartest,” Leibowitz said. “And we got our results the same way Baker Botts’ Jim Rill, Covington & Burling’s Alan Wiseman (L’68) and NASA did, with consistent bipartisan policy[.]” Hogan Lovells’ Janet McDavid (L’74) also co-chaired.

Continuing Legal Education Calendar Spring-Fall 2013

April 24 May August November 3–5 Nonprofit Governance: 22–23 1–2 21–22 Advanced Commercial Advancing Your Mission Cybersecurity Advanced State and Advanced Leasing Institute Through Lobbying Law Institute Local Tax Institute eDiscovery Institute LAW CENTER RITZ-CARLTON, LAW CENTER LAW CENTER RITZ-CARLTON, PENTAGON CITY TYSON’S CORNER 12 June September The Shrinking Pyramid: Im- 25–26 2–7 Global Antitrust plications for Law Practice Representing and The eDiscovery Training Symposium Dates are subject to and the Legal Profession Managing Tax-Exempt Academy 2013 LAW CENTER change. For more informa- LAW CENTER Organizations 2013 LAW CENTER October tion, contact the Continuing RITZ-CARLTON, 18 14–15 Bankruptcy: Views Legal Education office at PENTAGON CITY Corporate Counsel Moving from Lawyer from the Bench 202-662-9890. E-mail: Institute-Europe 26–27 to Leader LAW CENTER [email protected] LONDON, ENGLAND Partner Compensation LAW CENTER Website: www.law.george- Workshop town.edu/cle LAW CENTER

Spring/summer 2013 • Georgetown Law 67 alumni

Elizabeth Kellett adviser to the U.S. Mission to the not expecting a sea change in the way collaboration with the Hebrew Uni- (C’02) joined World Trade Organization in Geneva, legal notice is given, I’m honored to versity in Jerusalem and the London HeplerBroom in Switzerland, with the Office of the have the opportunity to orally present School of Economics. The bill, which Edwardsville, Ill., U.S. Trade Representative. His role my client’s interests on appeal. I am lays out a blueprint for the protection as an associate. will involve providing legal advice on both excited and nervous. I’ll have of the rights of migrants, was launched She previously all of the WTO disputes to which the just turned 25 when the argument December 17. practiced law in United States is a party and perform- takes place, and will have many years Washington, D.C. ing a diplomatic role at the WTO on left in my career to listen to the audio behalf of the United States. He previ- recording and contemplate my ously was an assistant general counsel performance.” 2012 Joseph Manicki with USTR in Washington, D.C. Kristin Beneski has joined Lane (LL.M.) was Powell as an attorney in the litigation promoted to Aiysha Hussain (F’05) has joined practice group. She focuses her prac- partner at Sidley Hollingsworth as an associate. At tice on litigation law. Austin, where he 2009 Georgetown Law, she was the editor- practices in the Darren T. Case in-chief of the American Criminal firm’s Chicago (LL.M.) of Tiffany Law Review and afterwards served for Carmen Brooks is a fellow in the office. He was also & Bosco in two years as a judicial law clerk to the 2012 Equal Justice Works Public named to the National LGBT Bar Phoenix, Ariz., and Honorable Chief Judge Curtis Gomez Defender Corps. She handles adult Association’s “Best LGBT Lawyers Brent W. Nelson of the U.S. District Court for the Dis- misdemeanors and felonies for the Under 40, Class of 2012,” recogniz- (LL.M.’10) of trict of the Virgin Islands. Public Defender of Metropolitan ing 40 LGBT lawyers nationally who Snell & Wilmer in Nashville and Davidson County. have distinguished themselves in Tucson became “With a background in sociology, their field and demonstrated a two of the three new co-authors of history and public policy, I have profound commitment to LGBT Arizona Estate and Probate Planning 2011 seen firsthand the ways that race, equality. Handbook (Thomson West, 2012). Kamal Jafarnia (LL.M.) is counsel socioeconomics, mental health and in the financial services and products gender intersect,” she explained in her group of Alston & Bird. He works in Fellows Profile. “Working in indigent Gordon R. Smith has been named Heather M. Moss writes, “After the New York office and is a member defense allows me to push back against a New England “Rising Star” in the working as a litigator in private of the firm’s REIT team. Jafarnia was the creation of disparate citizenships areas of environmental law and land practice in Washington, D.C., since also appointed to the board of direc- and to help clients advocate for them- use/zoning. He practices at Verrill graduation, I recently relocated to tors of Ashford Hospitality Trust. selves and their best interests.” Dana. San Francisco to become an assistant regional counsel for the U.S. Social Security Administration. While the Maya M. Noronha (C’05), deputy Bernadette transition to my new position and director of the Republican National DiPrisco is an 2007 living in California has been great, Lawyers Association (RNLA) and associate at Farrell Jessica O’Neill, an associate at Hang- I do miss seeing and working with the first Asian-American president of Fritz. DiPrisco, ley Aronchick Segal Pudlin & Schiller my alumni friends. I would love to the Philodemic Society (a debating a resident of in Philadelphia, was recognized with connect (and reconnect) with any union founded in 1830), was named Garden City, N.Y., a 2013 Distinguished Environmental fellow Hoya lawyers who live in the one of Forbes’ “30 Under 30 — the concentrates Advocates Award. The award, given Bay area. Please drop me a line — Young People Who Are Shaping Law her practice on by the American Bar Association’s [email protected].” and Policy.” corporate and Section of Environment, Energy, and tax law. Resources, recognizes the contributions of lawyers to the development of Carlo Osi (LL.M.) law, policy and programs in the areas 2010 has joined the Heather Gatnarek is a fellow in the of energy and the environment. This Tatyana Delgado was promoted to McLean, Va. 2012 Equal Justice Works Public year’s honorees are young lawyers and supervising attorney for the asylum, (Tyson’s Corner), Defender Corps. She does capital more recent members of the profes- refugee and citizenship programs at office of KPMG as defense work for the Kentucky Depart- sion who have made contributions to Catholic Charities in Houston. a tax associate in ment of Public Advocacy. “People their schools, communities, govern- the employment facing the death penalty are almost ment and the practice of law above tax service. He always the most down-and-out of any and beyond those of their peers. Joanna Ghosh was recently promoted to Tax Senior. criminal defendants — they have started the Ghosh He served as a KPMG extern in the extraordinarily compelling mitiga- Law Group in D.C. office in 2011 and in prior years tion stories that never fail to break my William Raich was named a partner 2012, where she as a litigation associate of large and heart,” she writes. “I am proud to stand at Finnegan, Henderson, Farabow, represents a boutique law firms in the United next to them in court to show that they Garrett & Dunner. He works in the diverse set of small States and Asia. are cared for no matter what mistakes firm’s Washington, D.C., office, businesses and they made.” focusing his practice on U.S. district individuals, and court patent litigation and pre-litiga- focuses on civil, appellate, immigra- Bianca Santos is program director tion client counseling in the fields of tion and bankruptcy practice. One of of the International Migrants Bill of Evgenia I. Goryshina has joined the biotechnology, pharmaceuticals and her cases was recently selected for Rights Initiative, founded in 2007 Boston law firm of Davis, Malm & diagnostics. oral argument before the United at Georgetown Law as part of the D’Agostine as an associate in the busi- States Court of Appeals for the 9th Global Law Scholars Program and ness law and litigation practice areas. Circuit. “One of the issues on appeal under the auspices of the former challenges proof of service law, which dean and current U.N. Deputy High 2008 is something most legal practitioners Commissioner for Refugees Alex- Grant Hollingsworth has joined Hol- Cletus R. “Clete” Willems III has take for granted and rely upon on a ander Aleinikoff. The initiative is lingsworth as an associate. He was a been promoted to the position of legal daily basis,” Ghosh writes. “While I’m coordinated at Georgetown Law, in member of the firm’s 2010 summer associate class. 68 Spring/summer 2013 • Georgetown Law alumni

Law Alumni Calendar fellowship at Advocates for Children of New York, providing direct rep- SPRING – FALL 2013 resentation and policy advocacy to help keep New York City students in March April 18 August school and out of court. 5 4 Graduation Gala 12–16 New England Alumni Equal Justice DONALD W. REYN- Early Interview Week Reception Foundation Auction OLDS CENTER FOR WASHINGTON, D.C. 2015 Georgetown Law student Kevin Hil- MINTZ LEVIN, BOSTON LAW CENTER AMERICAN ART AND lery was named one of Forbes’ “30 PORTRAITURE October Under 30 — the Young People Who 16 10 18–20 Are Shaping Law and Policy.” Hillery Law Alumni Board Hart Lecture 19 is the first paraplegic Naval Academy Reunion Weekend Meeting LAW CENTER Commencement graduate. LAW CENTER LAW CENTER GEORGETOWN 18–21 UNIVERSITY 19 17-22 John Carroll Weekend In Memoriam Paul R. Dean Awards Prayer in Daily Life Cynthia Bolbach (L’72) Corporate Counsel June WASHINGTON, D.C. Retreat (Phase One Lykes Boykin (L’48) Institute-Europe 14 Repeated) 20 Daniel Patrick Broderick (L’72) Women’s Forum LAW CENTER European Law Alumni BLSA Reunion Brunch John Bowker Bromell LAW CENTER Advisory Board Meeting LAW CENTER (LL.M.’60) 15 Ferrell D. Carmine (LL.M.’94) LONDON, ENGLAND 17 Hogan Society Events are subject Francis J. Charlton (L’52) Supreme Court Reception to change. For more William J. Coffey (L’69) May Swearing-In Ceremony WASHINGTON, D.C. information, please John Patrick Craven Jr. (L’58) 16 WASHINGTON, D.C. contact alumnlaw@law. John Durkin (L’65) 16 D.C. Alumni Luncheon georgetown.edu. William N. Farlie Jr. Scholarship Luncheon WASHINGTON, D.C. (L’60, LL.M.’61) WASHINGTON, D.C. Francis (Frank) Patrick Fitzmaurice Sr. (C’56, L’61) Nellie Gray (L’59) Elliot J. Labovitz has joined the law Michael Janea Sears has joined Hollingsworth Jerome H. Heckman firm of Bradley Arant Boult Cum- McGovern as an associate. She was a member (C’48, L’53) mings in Birmingham, Ala., as a (LL.M.) has of the firm’s 2011 summer associate Jennifer Jaff (L’84) first-year associate. He will serve joined Crowe & class. Sears served on the George- Diane Koonjy (L’86) as a member of the health care and Dunlevy as an town Journal of Legal Ethics and par- the corporate and securities practice associate in the ticipated in the Appellate Litigation John Krajsa (L’73) groups. Previously a summer associ- firm’s Oklahoma Clinic. Mark Kravitz (L’75) ate at the firm, Labovitz also was an City office. He will Austin D. Lane (LL.M.’65) intern for The Honorable Myron H. practice in the business department. John Lane (F’44, L’48) Thompson of the U.S. District Court Luciano Inácio de Souza (LL.M.) Edward A. Lee (L’50) for the Middle District of Alabama joined Souza, Cescon, Barrieu and and for The Honorable R. David James Murtha (LL.M.), part of the Flesch, a Brazilian law firm, in Octo- Paul R. Madden (L’51) Proctor of the U.S. District Court for SEC Enforcement Division’s Struc- ber. He is head of the antitrust prac- Michael McElligott (L’73) the Northern District of Alabama. tured and New Products Unit, helped tice in Brasilia. Thomas E. Mellon Jr. (L’72) investigate a case involving the U.S. Robert M. McNamara Jr. (L’73) investment banking subsidiary of Charles Miranda (L’49) Hilary Lewis has joined Holling- Japan-based Mizuho Financial Group sworth as an associate. She was a and three former employees charged 2013 Wally Niemasik (L’73) member of the firm’s 2011 summer with misleading investors in a col- Matthew Stephen O’Connell associate class. At Georgetown, lateralized debt obligation. Mizuho Georgetown University Law Center (L’98) students Evan Henley (L’13) and Lewis served on the Georgetown agreed to pay $127.5 million to settle Andrew K. Parker (L’54) Journal of Gender and the Law. the SEC’s charges, and the others Nicholas Sheehan (L’13) have been Nicholas Rizzo (L’58) charged also agreed to settle the selected as 2013 Skadden Fellows. SEC’s actions against them. The prestigious two-year fellowships Donald T. Rocen (LL.M.’76) Eric L. Maughan has been named are awarded to graduating law stu- John Ross III (L’69) an associate at Rader, Fishman & dents and judicial clerks who wish Joseph E. Sadofski (L’64) to pursue public interest careers. Grauer. Maughan’s focus is preparing Shahin Rothermel has joined the Michael Schaefer (L’73) and prosecuting patents concerning Washington, D.C., office of Bryan Henley will work at the Legal Aid Robert Simon (L’50) electrical and mechanical compo- Cave as an associate in the firm’s Society of the District of Colum- nents and devices. antitrust client service group. bia, offering direct representation, John Lewis Smith III (L’67) impact litigation and advocacy for the Daniel Stack (LL.M.’55) District’s underserved low-income George Robert Wileman (L’63) tenants. Sheehan will complete his Randall Duane Wilkins (L’82)

Spring/summer 2013 • Georgetown Law 69 alumni HONOR ROLL of DONORS Recognizing gifts to the Law Center of $1000 or more between July 1, 2011 – June 30, 2012.

LEGACY SOCIETY Mr. Spyro J. Gellos L’54 Chester W. Nosal, Esq. L’70 HOGAN SOCIETY Leo I. George, Esq. L’63 The Hon. Martin J. O’Brien Mr. Maurice Adelman, Jr.+ L’58 Elizabeth Abdoo C’80, L’86 and Mr. Bernard J. Ghiglieri, Jr.+ L’49 C’52, L’55 Donald P. Ahearn, Esq.+ L’54 Michael McCabe * B’80 Mr. James A. Gilbert L’74 Ms. Marjorie A. O’Connell L’73 Ms. Virginia H. Aldrich+ L’57 Mr. and Mrs. Randolph G. Abood Mr. Paul J. Gitnik L’87 Mr. Patrick J. Ogden, Jr.+ Mrs. Dianne Chipps Bailey L’95 * L’75 Mr. Brian James Gladstone L’93 F’48, L’51 Mrs. A. M. Baumgartner+ Mr. and Mrs. Sanford K. Ain * The Honorable Stanley J. Glod Ms. Susan S. Oldham L’85, L’90 Mr. J. Hampton Baumgartner, L’72 L’61 Dr. Michael A. Olivas L’81 Jr.+ L’48 Anonymous * Mr. John F. Hanifin+ L’49 Mr. Austin M. O’Toole L’63 Mr. Ben I. Berman+ L’38 Anne L’89 and Stephen Arcano * Mr. Jerome H. Heckman+ Mr. Gerard P. Panaro L’77 Ms. Dorothy J. Black L’93 F’84, L’88 C’48, L’53 Dr. W. Lawrence Patrick L’79 Mr. Stuart M. Bluestone L’72 Mr. and Mrs. John E. Arness II Mr. John J. Held L’64 Mr. Richard J. Phelan L’61 Ms. Laura A. Brevetti L’76 * L’89 James F. Henriot, Esq. L’54, L’61 Mr. Joseph E. Reece L’89 Mr. John DeQ. Briggs III L’72 Mr. and Mrs. John P. Arness * Mr. Michael C. Hickey L’74 Mr. J. Howard Reed+ L’46 Mr. Francis B. Brogan, Jr. B’71, L’51 Mr. Thomas A. Hoffman L’59 Mr. Anthony J. Rich+ L’25 L’74, L’77 Ms. Kim J. Askew * L’83 William C. Keller, Esq. L’52 Mr. Jay E. Ricks L’62 Ms. Alexandra Pia Brovey L’93 Anne L’80 and Daniel Attridge * Mr. J. Crilley Kelly L’73 Mr. Harry A. Rissetto L’68 Mr. Edward W. Bulchis L’74 L’79 Ms. Sara Schreiner Kendall L’85 Dr. Leon Robbin+ L’22 Mr. Louis J. Carusillo+ L’27, L’28 Mr. William J. Baer Mr. Thomas H. Kennedy L’81 Mr. William B. Robertson+ L’51 Mr. George M. Chamberlain, Jr. Nancy L’85 and Russell Belinsky Mrs. Mary Dillon Kirk Mrs. Olga Robbin Rogers L’72 * L’85 Mr. William E. Kirk+ L’49 Mr. Robert S. Rosenfeld L’60 Mr. A. B. Chettle, Jr.+ C’59, Caryl Bernstein L’67 and George Mr. Howard Bruce Klein L’76 Ms. Christine C. Ryan L’81 L’62, L’63 Bernstein * Mr. Victor Ho Lee B’82, L’85 Mr. Albert J. Santorelli L’64 Mr. Garner J. Cline+ L’54 Mr. and Mrs. George William The Hon. Joseph Richard Mr. William B. Sawch L’80 Mrs. Anne M. Coffey Proctor Bilicic, Jr. * L’88 Letcher, J.D.+ L’55 Mr. John F. Schrankel+ L’59 L’79 Ann and Bruce Blume * L’80 Ms. Norma Toron Letcher Mr. John T. Schriver III L’70 Prof. Sherman L. Cohn F’54, Mrs. Mary Molly Boast and Mr. Peter Lipresti L’77, L’81 Mr. William E. Schuyler, Jr.+ L’57, L’60 Mr. Thomas Boast Mr. Kenneth Jeffrey Loewinger+ L’40 Mr. Terence G. Connor C’64, Ms. Robin L. Shaffert and Mr. C’67, L’71 Ms. Andrea Weitekamp L’75 Dean R. Brenner * L’85 Ms. Jeanne M. Mallett L’79 Selvaggio L’78 Mr. Patrick D. Coogan L’63 Mr. and Mrs. Louis J. Briskman Mr. Mark Mamolen L’76 Mr. Paul D. Sinclair L’75 Mr. John D. Crawford L’51 L’73 Mr. Timothy B. McBride Ms. Dolores Silva Smith L’75 Mr. C. Marshall Dann+ L’49 Ms. Teresa Smith and Mr. L’75, L’80 Mr. F. Leo Smith+ L’28 Mr. James M. Denny L’60 Theodore D. Burke * L’86 Mr. Thomas D. McCann L’65 Mr. Kevin T. Smyley L’75 Ms. Amber Rae Dolman L’04 Mr. James M. Cain * L’79 Mr. J. Thomas McMahon+ Mrs. Marbeth M. Spreyer L’56 Ms. Constance Donovan L’02 Jane C’94, MBA’00 and C’50, L’54 Mr. Aaron Sugar+ L’34 Ms. Catherine S. Doyle Keith Carroll * C’91, L’95 Mr. Terrence L. Mealy+ L’57 Mrs. Sylvia W. Sugar Mr. Sean C. Doyle C’88, L’93 The Hon. Carolyn P. Chiechi * Ms. Marsha Elizabeth Metz L’86 Mr. Allan S. Tingey+ L’48 Mr. John P. Dunn L’74 I’65, L’69, L’71, H’00 Mr. James M. Michener L’77 Mr. Terrence M. Tobin L’82 Mr. Walter Jeffrey Dunn L’00 Mrs. Dominica Chiechi * Mr. Stephen D. Miller L’63 Mr. John E. Tomas+ L’63 Ms. Jane E. Durgom-Powers L’74 Mrs. Annetta J. Coffelt Mr. John A. Mitchell L’65 Mr. James R. Toulouse+ L’49 Mr. Francis E. Fenwick Mr. Robert M. Coffelt, Jr. Mr. Thomas Moloney+ Mr. Peter J. Tucci F’83, L’86 F’67, L’75 Mr. and Mrs. John Patrick Coffey C’28, L’31 Mr. John B. Walsh L’53 Louis B. Fine, Esq.+ L’25, H’68 * L’87 Mr. J. Cordell Moore+ Mr. Carmack Waterhouse+ L’35 Prof. Thomas C. Fischer L’65 Ms. Sarah E. Cogan L’81 and L’44, L’49, L’67 Mr. David Francis Weber L’86 Ms. Lois Ruth Fishman L’93 Mr. Douglas H. Evans * Mr. Alfred G. Morici L’73 Mr. James Way Williams+ L’58 Mr. Francis L. Flanagan+ L’28 Mr. and Mrs. Edward L. Cohen Mr. Edward J. Murphy L’73 Mr. Robert B. Williams+ L’69 Mr. W. P. Flynn L’54 L’70 Mr. Leo R. Murphy, Jr.+ L’55 Ms. Margaret A. Wright L’78 Thomas Harold Foye, Esq.+ L’55 Ms. Marilyn Eckardt Nelson L’85 Mr. Jack M. Franz+ L’41 Mr. Richard J. Nolan L’73 * = E Street Loyalty Society; Mr. Edward J. Gallagher, Jr. L’50 + = deceased

70 Spring/summer 2013 • Georgetown Law alumni

Mr. and Mrs. Joel M. Cohen * David and Beth Greenwald * Mr. and Mrs. Jules B. Kroll L’66 Mr. James G. O’Brien * L’58 L’86 L’83 Mr. and Mrs. Thomas P. Kurz * Ms. Chang S. Oh L’86 Mrs. Maurita Coley Flippin L’81 Ms. Marleen Haegemans-Van L’77 Mr. Ronald W. O’Keefe L’63 and Mr. Paul Flippin Kerckhove Mr. Ronny B. Lancaster, * L’84 Mr. and Mrs. Lawrence S. Ms. Joan Cirillo and Mr. Roger A. Mr. and Mrs. John D. Hagner * Mr. Stuart J. Land Okinaga * L’72 Cooke * C’70, L’73 L’73 Mr. Albert G. Lauber * Susan L’85 L’90 and Ms. Susan R. Cullman and Mr. Marybeth H. N’84 and Timothy Mr. and Mrs. Gary D. LeClair Roger Oldham John J. Kirby, Jr. * P. Harris * C’81, L’84 * L’82 Mr. and Mrs. Richard G. Parker Jeffrey M. L’76 and Valerie Mr. and Mrs. John F. Hartigan Ms. Sunkee Chung and Mr. Mr. and Mrs. Stephen R. Patton MS’76 Dalebroux * * L’75 Seung-Hoon Lee L’85 * L’78 Mr. and Mrs. Lloyd De Vos * Mr. and Mrs. Robert N. Herman Mr. Robert E. Lighthizer * Mr. and Mrs. Richard J. Phelan L’73 * L’73 C’69, L’73 L’61 Mr. and Mrs. Alfred C. DeCrane, Ms. Andrea S. Miano C’87, L’90 Mr. E. Robert Lupone * L’84 Mr. Joseph W. Plunkett * L’83 Jr. * L’59 and Mr. Kevin M. Hodges * Mr. and Mrs. John N. Malyska John D. L’76 and Mary Mr. and Mrs. Paul J. Diaz * L’88 L’90 * L’71 Podesta* L’76 Mr. Damian George Didden * Mr. and Mrs. Joe G. Mr. Arvin Maskin * C’75, L’78 Kimberly Lake L’88 and Alfred L’97 Hollingsworth * L’74 Mr. and Mrs. Philip Thomas Puchala * L’88 Ms. Susan Hotine and Mr. John Mr. and Mrs. James D. Howard, Masterson L’97 Mr. and Mrs. Joseph E. Reece B. Dubeck * L’76 Jr. * L’84 Mr. and Mrs. Robert C. Maynard * L’89 Mr. and Mrs. Robert A. Dufek Mr. and Mrs. J. Clifford Hudson L’62, L’63 * Mr. and Mrs. Ernest J. Reisinger * L’76 * L’80 Mr. and Mrs. Timothy B. Mr. David K. Reyes L’82 Mr. and Mrs. Walter Jeffrey Mr. Keith R. Hummel * L’90 McBride * L’75, L’80 Mr. Thomas A. Reynolds III * Dunn * L’00 Ms. Antonia B. Ianniello L’80 Mr. and Mrs. William E. B’75 and Mrs. Hope Coleman Ms. Deborah L. Feinstein and Mr. George M. Chuzi * McDaniels * L’66 Reynolds B’74 Mr. Gregg Jon Felton * L’80 Mr. Michael McFalls Irene Ricci C’95, L’99 and L’96, MBA’96 Barbara H. Bott and Mr. Robert Mr. John McInespie * L’93 Damien Marshall L’99 Michelle Berninger L’95 and L. Jennings, Jr. * L’76 Mr. and Mrs. Kevin J. McIntyre Ms. Luanne Rice * Gregory Fernicola L’85 * Mr. and Mrs. Robert W. Johnson * L’88 Mr. Thomas A. C’69, L’72 and Mr. and Mrs. Andrew S. Fine * L’87 Mr. James M. McKnight * L’90 Mrs. Mary Alice C’73 Roberts Mr. and Mrs. Morris H. Fine Mr. and Mrs. Michael D. Jones Mr. and Mrs. R. Bruce McLean Patricia Ann Robinson L’87 Dr. Patricia Flatley and Mr. * L’85 Dale and Elizabeth Meers * L’80 Ms. Ellen Fitzsimmons Rogowski Daniel Flatley L’78 Mr. and Mrs. Frederick Joyce * Mr. Gary L. Melampy * L’81 * L’86 Mr. and Mrs. Ronald Fletcher L’84 Andrea Grant and Selig Merber Robert F. L’74 and Elizabeth Dr. Karen Hegtvedt and Mr. Ms. Amy Weiss and Mr. Peter * L’75 M. Ruyak MS’79 Patrick Flinn * L’82 J. Kadzik * L’77 Mr. and Mrs. Dennis I. Meyer * Mr. and Mrs. Paul C. Saunders Mr. and Mrs. George J. Fox L’84 Mr. and Mrs. Kevin Francis Kelly L’60, L’62 * L’66 Thomas Harold Foye, Esq. + * * L’89 Mr. and Mrs. Lee I. Miller * Linda B. Schakel * L’86 L’55 Ms. Martha M. Kendrick L’85 B’69, L’73 Mr. Mark D. Schneider * L’84 The Hon. and Mrs. Louis and Mr. Harry A. Kettmer * Mary N’81 and William Miossi * Mr. Barry F. Schwartz L’74 J. Freeh Mr. Thomas H. Kennedy * L’81 F’81, MA’83, L’85 Mr. and Mrs. Philip Andrew Mr. and Mrs. James Francis Ms. Marianne Keler F’76, L’80 Mr. J. Dominic Monahan L’68 Sechler * L’89 Fulton, Jr. * F’89, L’95 and Mr. Michael R. Kershow * Mr. Garrett M. Moore * L’81 Ms. Bessie Sze Seiler and Mr. Mr. and Mrs. John A. Gaberino, L’80 Mr. Patrick J. Moran * L’73 Stephen Robert Seiler * L’80 Jr. C’63, L’66 Ms. Susan C. Kim Mrs. Aiko N. Morita * Francis and Kristen Siciliano * Mr. Spyro J. Gellos L’54 The Honorable and Mrs. Robert Mr. and Mrs. Marcelo Alberto L’97 Mr. and Mrs. Bernard S. Gewirz M. Kimmitt * L’77 Mottesi * L’92 Mr. and Mrs. Sidney J. Silver * L’53 Mr. Howard Bruce Klein L’76 Mr. and Mrs. Satoru Murase * L’62 Ms. Theresa M. Gillis * L’74 Mr. and Mrs. Kenneth Klein * L’83 Toby Singer * L’77 and Thomas Mr. and Mrs. Timothy Hayes L’80 Professor and Mrs. John G. Papson L’77 Gillis * L’91 Mr. and Mrs. Donald L. Korb * Murphy, Jr. L’61 Ms. Dolores Silva Smith * L’75 Franklin L’73 and Marie L’77 Ms. Marcia R. Nirenstein L’80 Mr. and Mrs. Michael Sohn Gittes * MA’71 Ms. Izumi Hara L’85 and and Mr. David L. Miller * Ms. Emily J. Spitzer * L’80 and Mr. Jonathan Gleklen Mr. David Norman Koschik * Mr. and Mrs. Carl W. Northrop Eric L. Lewis, Esq. Dr. Michael and Mrs. Ilene L’84, MS’84 * L’76 James and Sara Star * L’85 Knable Gotts * L’84 Mr. and Mrs. Abe Krash Chester W. Nosal, Esq. * L’70 Bob and Ann Beth Stebbins * C’86, L’94

Spring/summer 2013 • Georgetown Law 71 alumni

Mr. and Mrs. Brendan V. Thomas Harold Foye, Esq.+ * Mr. and Mrs. John J. Held * L’64 Mr. and Mrs. Joseph J. Sperber Sullivan, Jr. * C’64, L’67, H’11 L’55 Ms. Jeanette Steube and Mr. III * L’67 Ms. Natalie Lichtenstein and Mr. and Mrs. Edward J. James David Jacobs * L’69 Mr. and Mrs. Brendan V. Mr. Willard Tom Gallagher, Jr. * L’50 Mr. Robert S. Kelling, Jr.L’61 Sullivan, Jr. * C’64, L’67, H’11 Ms. Leslie M. Turner * L’85 Mr. and Mrs. John R. Gallagher Mr. John J. Kenny * L’63 Mr. and Mrs. William E. John L’82 and Medina Vasily III * L’55 Mr. and Mrs. John W. Kozak * Thomson, Jr. * L’63 L’83 * Mr. Spyro J. Gellos L’54 L’68 Mr. and Mrs. Daniel E. Toomey Mr. and Mrs. G. Duane Vieth Mr. and Mrs. Bernard S. Gewirz Mr. and Mrs. Jules B. Kroll L’66 * L’67 Mr. and Mrs. Gregory Vistnes L’53 Mr. and Mrs. H. Christopher Mr. James H. Wallace, Jr. * L’66 Prof. David C. Vladeck * L’77 Mr. and Mrs. Jerome H. Malone * C’58, L’61 Mr. and Mrs. Thomas J. Whalen Mr. and Mrs. Donald L. Waite Heckman+ * C’48, L’53 Mr. and Mrs. Robert C. Maynard L’63 L’59 Mr. Sanford M. Litvack * L’59 L’62, L’63 * Mr. and Mrs. Richard John Mr. W. Edward Walter, III * L’80 Mr. and Mrs. Edward F. Mr. Stephen S. Mayne Williams * L’66 Ms. Julie L. Lansaw and Mr. F. McHugh, Jr. * C’53, L’58 L’66, L’67 Mr. and Mrs. Sidney B. Williams Joseph Warin * L’75 Mr. John J. McNeely + * Mr. and Mrs. Thomas D. * L’69 Mr. Timothy J. Waters C’55, L’58 McCann * L’65 Mr. and Mrs. David B. Weinberg Mr. James G. O’Brien * L’58 Mr. and Mrs. William E. 1970s * L’77 Mr. George F. Rabe * L’59 McDaniels * L’66 Ms. Gretchen N. Werwaiss * Mr. William P. Shannahan * L’58 Mr. and Mrs. John G. Mr. and Mrs. Randolph G. Abood C’92, L’95 Mr. Joseph C. Smith * L’59 McGoldrick * L’61 * L’75 Ms. Elizabeth A. Wieser * C’86, Mr. and Mrs. Donald L. Waite Mr. and Mrs. Gerald A. Ms. Joan Ackerstein * L’77 L’92 and Mr. Philip T. Inglima L’59 Messerman * L’62 Mr. and Mrs. Sanford K. Ain * C’84, L’88 Mr. Bernard P. Metzgar * L’66 L’72 Mr. Leonard A. Wilf * L’72 1960s Mr. and Mrs. Dennis I. Meyer * Ms. E. Sherrell Andrews MA’69, Mr. Samuel Wolff * L’82, L’83 L’60, L’62 L’76 and Mr. Robert G. Mr. and Mrs. Lawrence E. Mr. Thomas P. Abbott * Mr. and Mrs. Stephen D. Miller Kuhbach * Wzorek * L’72 L’66, L’68 * L’63 Mr. and Mrs. Robert L. Andrews Mr. and Mrs. Mark A. Yeager * Caryl Bernstein * L’67 and Mr. J. Dominic Monahan L’68 B’68, L’71 L’89 George Bernstein Mr. and Mrs. Thomas F. Moran Anne L’80 and Daniel Attridge Mr. Winston Kingtak Zee * L’81, Mr. and Mrs. James C. * L’62 * L’79 L’84 Brincefield, Jr. * C’63, L’66 Professor and Mrs. John G. Mr. and Mrs. Donn A. Beloff * Mr. Stanley J. Brown * L’69 Murphy, Jr. L’61 L’76 The Hon. Carolyn P. Chiechi * Mr. and Mrs. Otto G. Obermaier Mr. Richard L. Black * L’70 1940s I’65, L’69, L’71, H’00 * L’60 Ms. Patricia Ann Muschett and Mr. and Mrs. John A. Carver, Jr.* Mr. Max H. Crohn, Jr. L’61 Mr. and Mrs. William R. O’Brien Mr. Michael L. Blau * L’79 L’47 Mr. and Mrs. William J. Dailey, * L’69 Mr. and Mrs. David A. Mr. James Louis Nouss * L’48 Jr. * L’63 Mr. Ronald W. O’Keefe L’63 Bochnowski * F’67, L’75 Mr. Burton Robert Thorman +* Mr. Stuart R. Dvorin * L’67 Mr. and Mrs. William D. Mary L’76 and James Bright * F’36, L’41 Mr. and Mrs. Joel C. Feffer * Outman II * L’65, L’68 L’76 L’67 Mr. and Mrs. Richard J. Phelan Mr. and Mrs. Louis J. Briskman 1950s Mr. and Mrs. Paul C. Flattery * L’61 L’73 L’64 Mr. James B. Pittleman * L’66 Mr. and Mrs. Francis B. Brogan, Mr. and Mrs. John P. Arness * Mr. and Mrs. John P. Frestel, Jr. Mr. and Mrs. Carmen A. Policy Jr. * B’71, L’74, L’77 L’51 L’64 L’66 Ms. Carol A. Brokaw L’71 and Mr. and Mrs. Charles W. Bidwill, Mr. and Mrs. John A. Gaberino, Mr. John A. Pratt, Jr. * L’61 Mr. Stewart Boles * Jr. * C’50, L’53 Jr. C’63, L’66 Mr. and Mrs. Paul C. Saunders Mr. Stephen Robert Bruce * L’79 Mr. and Mrs. Joseph A. Brown * Mr. James J. Gallagher, Jr. * L’65 * L’66 Mr. James A. Bruton III * L’78 L’51 Mr. and Mrs. Edward A. Gamble Mr. and Mrs. William H. Mr. David P. Buchholtz * L’76 Mr. and Mrs. Leonard W. Burka * L’64 Schweitzer * L’69 Emily Sherman L’79 and Richard * L’57 Mr. and Mrs. Stephen L. Mr. Thomas D. Shaffner * L’63 Buckingham * Mr. and Mrs. Plato Cacheris * Geifman * L’69 Mr. and Mrs. Terrence C. Sheehy Laura and Brian Bulger * F’51, L’56 Neal and Mary-Margaret Gillen * * L’62 C’72, L’77 Mr. and Mrs. Alfred C. DeCrane, L’65, L’66 Mr. Steven R. Sher * L’69 Ms. Kathleen J. Burke L’77 and Jr. * L’59 Mr. and Mrs. Francis J. Gorman Mr. and Mrs. Sidney J. Silver * Mr. Ralph Davis * Mr. and Mrs. Donald R. Dunner F’63, L’69 L’62 Mr. James M. Cain * L’79 * L’58 Mr. and Mrs. Laurence E. Harris Mr. David R. Carlsen * L’79 * L’65

72 Spring/summer 2013 • Georgetown Law alumni

Mr. and Mrs. Michael G. Virginia L’71 and Grant Green Charapp L’74 Rosalyn and Lewis Greenbaum Mr. and Mrs. Floyd Ciruli * L’76 * L’73 Georgetown Law welcomes six new firms to the Law Mr. Philander P. Claxton * L’78 Ms. Marjorie E. Gross * L’73 Ms. Joan B. Claybrook * L’73, Jayman Meyer Hack L’78 and Firm Challenge in 2012-13: Allen & Overy, Bracewell H’93 Bruce L. Hack * & Giuliani, Cooley, O’Melveny & Myers, Reed Smith Mr. and Mrs. Edward L. Cohen Mr. and Mrs. John D. Hagner * and Sidley Austin. Each year, through the Challenge, over L’70 L’73 60 firms compete for the highest percentage of alumni Christopher W. L’71 and Susan Mr. and Mrs. William M. participation and most dollars raised for the Law Center. In L’71 Congalton Hannay III L’73 2011-12, 47 percent of alumni at LFC firms contributed over Mr. and Mrs. Terence G. Connor Mr. and Mrs. John F. Hartigan $860,000. Funds raised provide critical support for many * C’64, L’75 * L’75 programs including financial aid, clinics, journals and various Mr. and Mrs. Richard J. Conway Mr. Hugh M. Hayden * L’74 * L’72 Mr. and Mrs. Robert N. Herman public interest projects. For more information about the Ms. Joan Cirillo and Mr. Roger A. * L’73 Law Firm Challenge, please visit www.law.georgetown.edu/ Cooke * C’70, L’73 Mr. and Mrs. James F. Hibey * law-firm-challenge or contact Dave Stone, associate director Jeffrey M. L’76 and Valerie L’74 of the Law Annual Fund at (202) 662-9375 or das78@law. MS’76 Dalebroux * Mr. Michael C. Hickey * L’74 georgetown.edu. To make a gift to Georgetown Law and Mr. and Mrs. Mark E. Davidson Ms. Mariana J. Hogan L’79 and increase your firm’s 2012-13 participation rate, please visit * L’77 Mr. Robert C. Almon * www.law.georgetown.edu/makeagift. Mr. and Mrs. Lloyd De Vos * Mr. and Mrs. Joe G. L’73 Hollingsworth * L’74 Mr. Luis H. Derrota * L’78 Ms. Hester Hisae Honda * L’78 Mr. and Mrs. Joseph K. Dowley * Mr. M. Dean Jenkins * L’70 C’68, L’76 Barbara H. Bott and Mr. Robert Ms. Shelley Wallan and Andrea Grant and Selig Merber Ms. Elaine G. Drummond * L’76 L. Jennings, Jr. * L’76 Mr. David I. Lerman * L’75 * L’75 Ms. Susan Hotine and Mr. John Mr. and Mrs. Grif Johnson, Jr. Mr. John H. Leseur * L’79 Mr. and Mrs. William A. Meyer B. Dubeck * L’76 * L’76 Mr. Howard Allen Levenson * L’74 Mr. and Mrs. Robert A. Dufek Ms. Amy Weiss and Mr. Peter J. L’78, L’81 Mr. and Mrs. Lee I. Miller * * L’76 Kadzik * L’77 Mr. and Mrs. Richard Charles B’69, L’73 Mr. Norman Arthur Dupont * Mr. Steven A. Kandarian * L’78 Levin L’70 Peter Benet Mirsky, Esq. * L’71 L’78 Mr. and Mrs. John C. Kane, Jr. Mr. Paul M. Liebenson * L’79 Mr. Patrick J. Moran * L’73 Mr. and Mrs. Dennis W. * L’71 Mr. Robert E. Lighthizer * C’69, Wendy Jordan C’73 and Francis Duquette * L’73 Mr. and Mrs. Lawrence W. Katz L’73 Murray F’72, L’75 Nancy Abramowitz L’75 and * L’71 Mr. and Mrs. J. Robert Liset * Mr. and Mrs. Carl W. Northrop Mark Ellenberg * L’75 Mr. and Mrs. Joseph A. Keyes * C’67, L’70 * L’76 Nancy Everett L’79 and Michael L’72 The Hon. Cheryl Marie Long * Chester W. Nosal, Esq. * L’70 Nannes * L’77 The Honorable and Mrs. Robert F’71, L’74 Mr. and Mrs. Lawrence C. Mr. Robert P. Fabia * L’77 M. Kimmitt * L’77 Mr. Bret Lowell * L’78 Nussdorf * L’74 Mr. and Mrs. Joseph A. Fanone Mr. and Mrs. John F. Kinney Mr. and Mrs. George Vincent Mr. Daniel J. O’Connor * L’74 C’71, L’74 C’70, L’73 Lynett * L’78 Mr. and Mrs. Terrence O’Donnell Mr. and Mrs. Henry D. Fellows, Mr. and Mrs. Robert J. Kenney, Joseph S. and Peri Mahaley * L’71 Jr. * L’78 Jr. * L’79 * F’76, L’79 Mr. and Mrs. Lawrence S. Dr. Patricia Flatley and Mr. Mr. Howard Bruce Klein Mr. and Mrs. John N. Malyska Okinaga * L’72 Daniel Flatley L’78 L’76 * L’71 Mr. Richard J. Omata * L’76 Mr. Edward M. Fogarty * L’72 Ms. Elizabeth M. Knoblock * Mr. Arvin Maskin * C’75, L’78 Mr. Christopher O’Neill * L’76 Ms. Gladys Cruz Gallagher * L’79, L’89 Louis and Linda Mazawey * L’74 Ms. Barbara Lovero and Mr. L’78 Mr. Hideki Kojima * L’79 Mr. and Mrs. Timothy B. Chris R. Ottenweller * L’76 Mr. and Mrs. Michael F. Gazdo, Mr. and Mrs. Donald L. Korb * McBride * L’75, L’80 Ms. Leslie Owsley * L’78 Jr. L’72 L’77 Mr. Robert E. McCormack * Mr. and Mrs. Stephen B. Paige * Ms. Theresa M. Gillis * L’74 Mr. and Mrs. Thomas P. Kurz * L’77 L’72 Franklin L’73 and Marie Gittes L’77 Ms. Kathleen McGann * L’77 Mr. and Mrs. Gregory C. * MA’71 Mr. and Mrs. Mark S. Landman Mr. and Mrs. Gregory E. Parliman * L’73 Mr. and Mrs. Norman M. * L’76 McGowan * L’79 Mr. Scott F. Partridge * L’74 Glasgow, Jr. * C’74, L’77 Ms. R. Elaine Leitner L’78 and Mr. and Mrs. Edward Joseph Dr. and Mrs. W. Lawrence Mr. Roy Goldman * L’79 Mr. Steven Zieff * McManimon III * C’68, L’71 Patrick L’79

Spring/summer 2013 • Georgetown Law 73 alumni

Mr. Michael F. Patton * L’77 Ms. Sybil Wailand and Mr. Barry Mr. and Mrs. John Patrick Coffey Ms. Rufina Hernandez-Prewitt Mr. and Mrs. Stephen R. Patton A. Willner * L’72 * L’87 * L’81 * L’78 Mr. Stephen J. Wilsey * L’70 Ms. Sarah E. Cogan * L’81 and Mr. and Mrs. John D. Mr. Robert Carey Paul * L’78 Jane Wilson * L’85 and Stephen Mr. Douglas H. Evans Hershberger Esq. * L’83 Mr. and Mrs. John H. Pinto Wells L’75 Mr. and Mrs. Joel M. Cohen * Mr. Charles S. Hirsch L’87 C’70, L’73 Mr. and Mrs. Lawrence E. L’86 Mr. and Mrs. Keith L. Horn * John D. L’76 and Mary Podesta * Wzorek * L’72 Mr. and Mrs. Kevin T. Conry * L’83 L’76 Mr. Mark D. Young * L’77 F’76, L’86 Mr. and Mrs. James D. Howard, Donna and Vito Potenza * L’75 Mr. Lupe M. Zamarripa * L’73 Mr. William J. Cople L’86 Jr. * L’84 Mr. and Mrs. Bruce J. Prager * Mr. John T. Crisan * L’85 Mr. and Mrs. J. Clifford Hudson L’77 1980s Mr. and Mrs. Mark C. Darrell * * L’80 Mr. Timothy T. Price * L’74 L’82 Ms. Antonia B. Ianniello L’80 Mr. and Mrs. Patrick M. Raher Elizabeth Abdoo C’80, L’86 and Mr. Robert E. David * L’81 and Mr. George M. Chuzi * * L’72 Michael McCabe * C’80, L’86 Mr. and Mrs. Paul J. Diaz * L’88 L’80 Mr. and Mrs. James John Mr. Phillip S. Allen * L’82 Yvonne L’81 and Jeffrey Mr. and Mrs. David W. Jackson * Restivo, Jr. * L’71 Anne L’89 and Stephen Arcano * Distenfeld * F’83, MAAS’83, L’87 Ms. Kay Louise Richman * L’78 F’84, L’88 Mr. and Mrs. Laurence D. Mr. Wayne D. Johnsen * L’88 Mr. Peter J. Romatowski * L’75 Mr. and Mrs. John E. Arness II Dobosh * L’85 Dr. Richard C’83, M’84 and Mr. and Mrs. Richard B. * L’89 Mr. Evan Michael Drutman * Michele F’83, L’86 Johnson Rothman * L’74 Ms. Kim J. Askew * L’83 L’89 Mr. and Mrs. Robert W. Johnson Prof. Laura Rothstein L’74 and Anne L’80 and Daniel Attridge Mr. Louis G. Farr * B’78, L’81, * L’87 Prof. Mark Rothstein * L’73 * L’79 L’88 Mr. and Mrs. Michael D. Jones Robert F. L’74 and Elizabeth Olivia L’88 and William Baker Michelle Berninger L’95 and * L’85 MS’79 Ruyak L’83 Gregory Fernicola * L’85 Mr. and Mrs. Frederick Joyce * Susan D. Gilbert and Mr. Ronald Ms. Rosamond Barber L’82 and Mr. Thomas M. Finnegan L’86 L’84 A. Schechter * L’76 Mr. William Yaro * Dr. Karen Hegtvedt and Carol F’78 and Paul Kaplun * Mr. Mark E. Schifrin * L’78, L’85 Nancy L’85 and Russell L’85 Mr. Patrick Flinn * L’82 B’78, L’84 Mr. John T. Schmidt * L’75 Belinsky * Craig F. and Terri B. Foster * Ms. Judith Ann Keller * L’85 Mr. Barry F. Schwartz L’74 Mrs. Gayle D. Bernhaut L’88 L’85 Mr. and Mrs. Kevin Francis Kelly Emily L’77 and Daniel L’75 Mr. and Mrs. Bruce Jeffrey George and Pamela Fox L’84 * L’89 Shapiro * Berrol * L’89 Catherine L’85 and Kevin Ms. Martha M. Kendrick and Ms. Suzanne M. Sheridan * L’77 Mr. and Mrs. George William Gallagher * L’85 Mr. Harry A. Kettmer * L’85 Mr. and Mrs. Edward M. Sibble, Bilicic, Jr. * L’88 Ms. Kathleen T. Gallagher-Duff Mr. Thomas H. Kennedy * L’81 Jr. * L’76 Janet L’82 and Charles L’82 L’84 and Mr. James C. Duff * Ms. Marianne Keler F’76, L’80 Toby Singer L’77 and Thomas Birenbaum * L’81 and Mr. Michael R. Kershow * Papson * L’77 Ann and Bruce Blume * L’80 Mrs. Gwendolyn M. Garbarino * L’80 Ms. Dolores Silva Smith * L’75 Mr. and Mrs. Thomas E. Bohan L’85 Ms. Alice Alexandra Kipel * L’82 Lauren and Robert Smith * L’72 III L’87 Mr. Sol Glasner * L’81 Mr. and Mrs. Kenneth Klein * Ms. Karen Rinta-Spinner L’76 Ms. Nina D. Levine and Mr. Paul Mr. Stephen Gold * L’85 L’80 and Mr. J. James Spinner * Bennett Bran * L’85 Dr. Michael amd Mrs. Ilene Mr. Michael J. Kliegman * L’82 L’76 Mr. John M. Braswell * L’80, Knable Gotts * L’84 Ms. Izumi Hara L’85 and Ms. Linda A. Striefsky L’77 and L’83 Mr. Neal S. Grabell * L’80 Mr. David Norman Koschik * Mr. James R. Carlson Ms. Robin L. Shaffert and Dr. Julie Anne Luttinger and L’84, MS’84 Mr. Robert Lee Thomas * Mr. Dean R. Brenner * L’85 Mr. Charles C. Graves II * Mr. Van Zorab Krikorian L’84 L’71, L’73 Mr. and Mrs. Richard Mark L’84 Aileen and Dennis C. LaGanza Mr. and Mrs. Scott E. Thomas Breslow * L’82 David and Beth Greenwald * L’88 * L’77 Mr. William Joseph Briggs L’88 * L’83 Mr. Ronny B. Lancaster, M.B.A., Mr. Dennis L. Verhaegen * L’79 Ms. Sharie Anita Brown * L’82 Mr. and Mrs. Kevin J. Hamilton J.D. * L’84 Mr. and Mrs. Clinton A. Vince Ms. Deborah M. Buell L’81 * L’85 Ms. Katharine R. Latimer L’86 * L’74 Ms. Teresa Smith and Mr. Ms. Sarah Jackson-Han and Mr. Mr. and Mrs. Gary D. LeClair Prof. David C. Vladeck * L’77 Theodore D. Burke * L’86 Edward Han L’85 * L’82 Ms. Julie L. Lansaw and Mr. F. Ms. Linda Arnsbarger and Mr. Nicola T. Hanna * L’87 Ms. Sunkee Chung and Joseph Warin * L’75 Mr. Brian Busey * F’74, Marybeth H. N’84 and Timothy Mr. Seung-Hoon Lee L’85 Mr. and Mrs. David B. Weinberg MA’76, L’82 P. Harris * C’81, L’84 Mr. David S. Lefkowitz L’86 * L’77 Mr. Daniel A. Casey * L’81 Ms. Mary Hartnett L’85 Mr. Michael Anthony Lesha L’86 Mr. Leonard A. Wilf * L’72 Elaine Chan L’81 and Peter Mr. William T. Henderson * L’85 Ms. Nancy F. Lesser L’81 Hiebert * L’81

74 Spring/summer 2013 • Georgetown Law alumni

Mr. and Mrs. David H. Lichter L’82 update On the Law alumni board Ms. Helene R. Weisz and Mr. Richard D. Lieberman * L’88 Mr. and Mrs. Charles M. Lizza Dear Friends, * L’80 Mr. Weston C. Loegering * L’81 I’m periodically asked by prospective students, “Is a law degree Mr. E. Robert Lupone * L’84 still worth the time, effort and money?” My own experience in Mr. Paul A. Mahon * L’87 Colorado starting a public policy, media and research firm was Mrs. Lonni Marchibroda-Kehoe greatly enhanced by my law degree and my work on Capitol * L’88 Hill — all a part of the Georgetown Law experience. I can only Ms. Sarah McCafferty C’76, L’80 say that the skills I learned here help me every day, and the and Mr. Andrew Lapayowker * school’s reputation is a brand that opens doors, even in non- Mr. Thomas J. McCarthy * L’81 legal fields. Mr. and Mrs. Thomas J. Beyond my own personal experience, a preponderance of McGonigle * L’82 Georgetown Law alumni have similar stories. For example, Mr. and Mrs. Kevin J. McIntyre take Jack Lew (L’83), who is profiled in this issue’s “Spotlight.” * L’88 His new position as Treasury secretary is an extraordinary career achievement that highlights Dale and Elizabeth Meers * L’80 the value of a Georgetown Law education in the second decade of the 21st century. Of course, Mr. George F. Meierhofer * Washington, D.C., is the nation’s richest platform to practice policy and legal skills, and Jack C’83, L’86 graduated from an institution with one of the best local alumni networks in the nation. Mr. Gary L. Melampy * L’81 Staying active in alumni activities is a valuable way not only to advance one’s career, but Mr. Thomas John Meloro, Jr. * also to help the school and its students. For alumni, the annual reunion is our most important L’89 event. The October 2012 Reunion was record-setting; nearly 1,000 alumni and guests partici- Mr. and Mrs. George L. Miller pated, and attendance at the Saturday Gala surpassed all prior events. Dr. Mary Beth Connell * L’85 Mr. Michael C. Miller * L’85 (M’89), president of the Georgetown University Alumni Association, led a presentation recog- Mr. Garrett M. Moore * L’81 nizing the reunion classes for their generosity, financial participation and attendance. Winners Mr. and Mrs. David M. Mullane included the Class of 1972, which donated more than $1 million to the school; the Class of * C’80, L’84 1962, which had a 39 % financial participation rate with 47 gifts; and the Class of 2007, which Andrea F’81, L’85 and Rudolph had 128 attendees. Mark your calendars now for Reunion 2013, October 18 to 20, which L’85 Muller * celebrates those who graduated in years ending in 3 and 8. Mr. and Mrs. Satoru Murase * Georgetown’s global presence is heightened through this very active alumni association. In L’83 the last year, Dean William M. Treanor — with the support of local alumni leaders — visited Mr. and Mrs. Dennis Myers * Tokyo, Seoul and Hong Kong. American alumni from Seattle to New York to Boston welcomed L’89 the dean, as well. If you would like to host an event in your community, contact Matt Calise, Ms. Lynn A. Neils L’89 director of alumni affairs, at [email protected]. Mr. and Mrs. Caroll H. Finally, thank you so much for completing the alumni survey, which was e-mailed to you Neubauer * L’87 earlier this year. More than 2,600 of you took the time to answer — a phenomenal response Ms. Marcia R. Nirenstein L’80 rate! The results are still being tabulated, but we look forward to sharing them with you soon. and Mr. David L. Miller * It has been a great honor for me to chair the Law Alumni Board. From my vantage point, Ms. Christina Jo Norton L’89 and I’ve witnessed Georgetown Law’s national reputation grow each year. One of the greatest Mr. John A. Biek * L’87 pleasures of my alumni activity is interacting with the next generation of students through our Mr. John H. O’Connor * L’85 recruiting and interviewing activities. Please stay in touch. If you are not receiving the monthly Kimberly L’91 and Paul alumni newsletter, contact [email protected]. If you would like to suggest top- O’Connor *L’87 ics to cover at Law Alumni Board meetings, send me your suggestions at [email protected]. Your Susan L’85, L’90 and Roger comments and recommendations are welcome. I hope to see — or hear from — you soon. Oldham Mr. John Robert Oller * L’82 Sincerely, Nancy L’82 and Thomas O’Neil * L’82 Ms. Beverly L. Perry L’81 Mr. and Mrs. James T. Phoenix * Floyd Ciruli (L’76) B’75, L’80 Chairman, Law Alumni Board Mr. Anthony T. Pierce * L’87 Mr. Joseph D. Piorkowski, Jr. * L’88

Spring/summer 2013 • Georgetown Law 75 alumni

Ms. Elizabeth A. Wieser C’86, L’92 and Mr. Philip T. Inglima Save the Date! * C’84, L’88 October 18-20, 2013 Jane Wilson L’85 and Stephen Wells * L’75 Mr. Samuel Wolff * L’82, L’83 Mr. and Mrs. Mark A. Yeager * L’89 Mr. Anthony J. Zarillo, Jr. * L’89 Mr. Winston Kingtak Zee * L’81, L’84 Mrs. Amy G. Rudnick and Mr. Michael F. Zeldin * L’83 1990s Ms. Elizabeth Harris Baird * L’96 Mr. and Mrs. Timothy Bass L’96 Mr. Michael D. Beauvais L’99 Ms. Catherine Browning Burch * L’93 Alice L’92 and John Burke * C’88, L’92 Mr. and Mrs. David K. Burton * L’96 Ms. Jeanne M. Campanelli * F’83, L’90 Mr. Frederick S. Campbell-Mohn L’93 Mr. Chul Chung * L’91 Ms. Angela E. Clark * L’91 Mr. Mark Anthony Cognetti B’95, L’98 Ms. Diane Ty and Mr. Daniel Ms. Regina M. Pisa * L’82 Ms. Ellen Fitzsimmons Rogowski Mr. Peter Susser * L’82 Joseph Connors L’91 Mr. Joseph W. Plunkett * L’83 * L’86 Alan and Sandra Swirski * L’88 Mr. Bertram G. Cooke, Jr. * L’98 Ms. Barbara A. Pollack * L’84 Charles L’83 and Jodi L’83 Mr. and Mrs. Matthew A. Taylor Ms. Sara M. Courtney-Baigorri Tina Hestrom L’82 and Bernardo Rosenzweig * * L’89 * L’94 Portuondo C’78, L’82 Ms. Leigh P. Ryan * L’80 Mr. Peter William Thomas L’89 Ms. Anne Louise Dealy Kimberly Lake L’88 and Alfred Mr. Charles H. Samel * L’85 Ms. Mary Finnerty and Mr. C’91, L’95 Puchala * L’88 Ms. Agnes Bundy Scanlan * L’88 Jeffrey Lind Turner L’82, Mr. Damian George Didden * Ms. Gille Ann Rabbin L’85, L’87 Linda B. Schakel * L’86 MS’82 L’97 and Mr. Jeffrey M. Birnbaum * Mr. Mark D. Schneider * L’84 Ms. Leslie M. Turner * L’85 Mr. and Mrs. Michael James Mr. Kurt Legard Rasmussen * Mr. and Mrs. Philip Andrew Mr. and Mrs. Jose F. Valdivia III Douglass * L’93 F’79, L’82 Sechler * L’89 * L’84 Mr. Charles Martin Dyke * L’95 Mr. and Mrs. Joseph E. Reece Ms. Bessie Sze Seiler and Mr. John M. L’82 and Medina L’83 Mr. Michael Jonathan Epstein * L’89 Stephen Robert Seiler * L’80 Vasily * , * L’94 Mr. Terrance G. Reed * L’82 Mr. Clifford D. Sethness * L’83 Mr. W. Edward Walter, III * L’80 Ms. Karen Lynn Feisthamel * Ms. Nancy Michelle Reimer * Ms. Eugenie Shen L’81 Ms. Catherine Wang L’85 and L’90 L’89 Mr. Gregory J. Soukup * L’82 Mr. Kenneth N. Bass L’83 Mr. and Mrs. Kevin Anthony Lourdes Sanchez Ridge and Ms. Emily J. Spitzer L’80 and Mr. and Mrs. James M. Felix * L’95 Robert Ridge * L’84 Eric L. Lewis. * Waterbury, Jr. C’79, L’86 Mr. Gregg Jon Felton * L’96, Patricia M. Franklin and Mr. Mr. Howard M. Srebnick L’89 Mr. Arthur E. Webster * L’82 MBA’96 Alan L. Rivera L’87 Ms. Janet G. St. Amand * L’80 Mr. and Mrs. John F. Michelle Berninger L’95 and Mr. and Mrs. Christopher Scott Mr. and Mrs. James Star * L’85 Weidenbruch * L’86 Gregory Fernicola * L’85 Rizek * L’82, L’97 Melissa L’89 and Lawrence Mr. Ram D. Wertheim L’82 Ms. Lois Ruth Fishman * L’93 Ms. Patricia Ann Robinson L’87 Stoller * L’88 Mr. Chad William Forsberg * L’94 76 Spring/summer 2013 • Georgetown Law alumni

Mr. and Mrs. James Francis Mr. John McInespie + * L’93 Mr. and Mrs. Stephen B. Mr. and Mrs. Walter Jeffrey Fulton, Jr. * F’89, L’95 Mr. James M. McKnight * L’90 Straske II C’87, MBA’91, L’91 Dunn * L’00 Mr. and Mrs. Michael K. Gewirz Mr. James Joseph Moloney * Mrs. Annie S. Terry * L’95 Mr. Steven R. Fairchild * L’05 C’85, L’90 L’98 Ms. Tamara Lyn Tompkins * L’94 Mr. Thomas R. Ferguson * Mr. and Mrs. Timothy Hayes Mr. and Mrs. Marcelo Alberto Dr. Anthony MS’94, PHD’95, L’09, L’10 Gillis * L’91 Mottesi * L’92 L’00 and Laura L’95 Tridico* Ms. Elizabeth E. Foscue * Ms. Alyssa R. Harvey * L’96 Mr. John Jeffrey Mullen * Mr. Scott Evan Waxman L’05, L’08 Ms. Andrea S. Miano C’87, L’90 C’91, L’95 L’90 Mr. Matthew H. Getz * L’05 and Mr. Kevin M. Hodges * Kimberly L’91 and Paul L’87 Ms. Gretchen N. Werwaiss * Mr. Jon Hlafter * L’02 L’90 O’Connor * C’92, L’95 Ms. Yoohyun Choi L’02 and Mr. Ms. Tanya Denise Holcomb- Mr. Joseph Petrosinelli * L’91 Ms. Elizabeth A. C’86, L’92 Dillon Kim * L’02 Webber * L’91 Linda Pfatteicher L’96 and Wieser and Mr. Philip T. David and Jessica Morrison L’01 Mr. Keith R. Hummel * L’90 Gregory Wilson * L’96 Inglima * C’84, L’88 Ms. Colleen V. O’Neill L’02 Mr. Mario Arthur Indelicato * Ms. Katherine L. Pringle * L’93 Mr. George Alexander Willman Mr. Francisco J. Orellana * L’01 L’98 Mr. Jonathan Craig Puth * L’92 L’96 Mr. Christopher L. Rawlins L’13 Ms. Michele Dianne Johnson Irene Ricci C’95, L’99 and Ms. Antje Westphal Wilmer * Ms. Amy B. Shields * L’05 L’98 Damien Marshall L’99 L’91 Mr. James Michael Sullivan * Ms. Julia Mara Kazaks L’94 and Ms. Susan Sakmar L’99 and Mr. Mr. John Kevin Wilson * L’96 L’04 Mr. Judd Volino * Kirk Hobbs * L’99 Mr. and Mrs. Daniel Alfred Dr. Anthony MS’94, PHD’95, Mr. S. Lawrence Kocot * Samuel Boyd L’91 and Melissa Wuersch * L’91 L’00 and Laura L’95 Tridico* L’90, L’93 L’91 Sebree Mr. Damien Rudyard Zoubek * Ms. Margot Dinneen Wilson * Mr. Judd Clinton Lawler * L’98 Francis and Kristen Siciliano * L’99 L’03 Mr. Lawrence J. Lemoine, Jr. * L’97 John L’01 and Catherine L‘01 L’91 Mr. Darren Christopher Skinner 2000s Winter * Ms. Catherine Elizabeth * L’95 Marshall C’93, L’99 Ms. Marisa Delia Stavenas * L’99 Mr. Craig A. Benson L’00 Mr. and Mrs. Philip Bob and Ann Beth Stebbins * Mr. Lee F. Berger L’02 Thomas Masterson L’97 C’86, L’94 Mrs. Megan Kate Bowen * L’03 Ms. Kari E. McCulloch * L’95 Ms. Tanya A. De Vos L’10

Spring/summer 2013 • Georgetown Law 77 alumni Alumni Events

Golden Years The Golden Years Luncheon and Reunion 2012 panels took place on October 19 at the BILL PETROS Law Center. Jay Ricks (L’62) catches up with Michael McCann (L’62) and Francis Trzus- kowski (L’62). Middle: The Hon. Shellie F. Bowers (L’62, LL.M.’63) shares a story at the luncheon, and Pascal Cardonnel (LL.M.’90) attends a Supreme Court Institute panel discussion on the 2012-2013 Court term.

“Taste of D.C.” Luncheon Bottom left: Alumni enjoy the “Taste of DC!” event on the Tower Green on October 20. Left: Joseph J. Sperber (L’67), Liza Magley (L’15), Donald Fluegel (L’62), Ed Pearson (L’62), Cloris Pearson, and Thomas Kearney (C’12, L’15). Bottom right: Karen Lopez (L’82) and Leon Peace (LL.M.’88); Kevin Duff (C’89, L’92) and José Isasi (L’92).

Opposite page: REUNION GALA On Saturday, October 20, alumni enjoyed the Reunion Gala and presentation of the Paul R. Dean awards. Top: Savannah Guthrie (L’02), Dean William M. Treanor, Clifford Hudson (L’80) and Leslie Hudson. Susan Plaeger, Chuck O’Connor (L’67), Martha Rogers and Dan Toomey (L’67); members of the class of 2002 celebrating their 10-year reunion; Ira (L’62) and Sheila Wolpert. Middle right: Paul R. Dean Alumni Award- ees David “Duke” Reyes (L’82), R. Seth Williams (L’92), Anita M. Josey-Herring (L’87), Dean William M. Treanor, Stephanie Herseth Sandlin (C’93, L’97, G’98, PhD’03) and Sean Coffey (L’87). Bottom left: An overview of the Reunion Gala, which was held in the Robert and Arlene Kogod Courtyard at the Donald W. Reynolds Center for American Art and Portraiture.

BLSA BRUNCH SAM HOLLENSHEAD Middle: Reunion attendees at the Black Law Student Association Reunion Brunch on Sunday, October 21. Kemit Mawakana (C’90, L’94, LL.M.’06) with Tricia Purks Hoffler (L’87) and Leslie Fields (L’87); Barbara Walker (L’62), Lorin Dale-Pierce (L’14), Alix Pereira (L’07), Brittany Pereira (L’07), Jonathan Grey (L’07), Rachel Pereira and Shellie Bowers (L’62, LL.M.’63).

NEW YORK ALUMNI EVENT Bottom right: Attendees at “Emerging Trends and Opportunities in Private Equity” at Kirkland & Ellis on November 29. Middle row, bottom: Jay Ptashek and Laurence Tosi (C’90, L’94, G’94) speak at the event.

78 Spring/summer 2013 • Georgetown Law alumni SAM HOLLENSHEAD HILARY schwab HILARY SAM HOLLENSHEAD SAM HOLLENSHEAD

Spring/summer 2013 • Georgetown Law 79 alumni

Alumni Essay

The Original Meaning of Civility by derek webb (l’12)

Second, it reveals the value of debating questions amenable to intellectual resolution in the context of an open-minded, robust, expert-driven, and public setting on the same terms occupied by one’s interlocutors. It would not have behooved any of them to show that a particular constitutional arrangement was particularly well designed to lead to a result that others did not want. Where the delegates made particular progress in debate was when both sides basically agreed on where they wanted to go, and when they had the individuals with the technical expertise and constitutional know-how like James Madison and James Wilson to help them figure out the best possible means to get there. Third, it illustrates that, in those cases where fundamental agreement is lacking but where important values and powerful emo- tions hang in the balance, self-consciously shifting away from an interminable debate conducted by intellectually charged leaders and e s y o f am r i can Inns Co urt c o urt toward private negotiation conducted by more moderate figures can, n public life today, few topics carry more of a charge than either at least on occasion, resolve otherwise intractable disputes. When, in civility in public discourse or the original meaning of the Consti- the context of a public forum, leaders like Madison and Wilson can Itution and its many provisions. For years, and especially recently, be exceedingly helpful in the sensitive back and forth of the market, we have worried about the tenor of public discussion. We have also moderate conciliators with a pulse for the emotional undercurrents of grown ever more intrigued by the example of the founding generation debate like Benjamin Franklin may prove indispensable. and what relevance, if any, their thoughts and deeds may continue These “lessons” are not offered as hard and fast, immediately to have today. Typically, however, these topics are treated in separate applicable rules of the road for today. Hundreds of years and a nearly kinds of conversation. This essay has suggested that the very process complete reorganization of our political, legal, economic, intellectual, that led to the creation of the Constitution may offer some insight into and cultural landscape separate us from the fifty-five delegates who, how democratic deliberation, at least for a summer in 1787, happened in the summer of 1787, conceived, debated, nitpicked, fought over, to play out and work so well. reworked, and finally proposed the Constitution of the United States. First, it shows the importance of the often neglected virtue of What worked for them may not work for us. And what may work for us civic friendship. By establishing a “correspondence of sentiments” may not have worked for them. But as lawyers, historians, politicians, through roaring evenings at Benjamin Franklin’s house and cross- and political philosophers continue to refer to the founding moment as sectional dinner parties, the delegates placed themselves in the way useful in understanding different parts of our constitutional heritage of recognizing in their colleagues — as well as in their intellectual, and ongoing political order, it may help us in some way in our search political, or sectional rivals — a common humanity that underlied for a more civil public discourse — particularly in the context of to- their differences. Charles Cotesworth Pinckney of South Carolina, for day’s legislative assemblies, where incivility, polarization, ad hominem instance, noted that he had undergone a change of heart at the Con- argumentation, and gridlock are too often the norm — to observe not vention when he observed that: “He had himself . . . prejudices against only the end product that they left us, and the meaning of its many the Eastern States before he came here, but would acknowledge that parts, but also the very tools of deliberation they used to bring it into he had found them as liberal and candid as any men whatever.”* And being. by observing parliamentary rules of procedure that encouraged paying attention, listening to others, creative brainstorming, and adaptive * See MADISON’S NOTES, supra note 37, at 548 (Charles Cotesworth Pinck- ney, Aug. 29, 1787). changes of opinion in response to new evidence or argument, the del- Editor’s Note: As mentioned on page 60, this essay was awarded the American egates gave themselves the maximal freedom to deliberate and follow Inns of Court’s Warren E. Burger Prize. It is reprinted from Derek A. Webb, their best lights, wherever they might lead. “The Original Meaning of Civility: Democratic Deliberation at the Philadelphia Constitutional Convention,” 64 S.C. L. Rev. 183, 218 (2012).

80 Spring/summer 2013 • Georgetown Law Spotlight: Jacob J. Lew (L’83)

hen White House Chief of Staff Jacob J. “Jack” Lew W(L’83) was nominated by President Obama to the post of Treasury secretary in January, the national media honed in on a curiously personal trait of this longtime public servant: his signature. William Germano in the Chronicle of Higher Education wrote “that the sequence of tumbling o’s…look like clowns spill- ing out of a small car.” Peggy Noonan in a Wall Street Journal blog compared it to “the squiggles on the top of a Hostess cupcake.” This level of scrutiny, even for a political nominee, would normally be absurd, but as journalists were quick to point out, the Treasury secretary’s signature goes on U.S. currency. So even handwriting experts jumped on the bandwagon to explore what the loops say about the man. If Lew’s successes in government are any indication, there’s no need to turn to graphology. Before being confirmed by the full Senate as Treasury secretary on February 27, Lew served as the president’s chief of staff from 2012 to 2013, director of the Office of Management and Budget from 2010 to 2012 and deputy secretary of state for management and resources at the U.S. State Department from 2009 to 2010. And that’s just the last four years. “[T]here is no one more qualified for this position than Jack,” President Obama said in a news release on the day of Lew’s confirmation. “As my chief of staff, Jack was by my side as we of the Office of Management and Budget — a role he would confronted our nation’s toughest challenges.” later reprise for President Obama — and also a member of the As the president pointed out, Lew’s “reputation as a master National Security Council. of fiscal issues who can work with leaders on both sides of the The change in presidential administrations in 2001 propelled aisle has already helped him succeed in some of the toughest Lew into such diverse roles as executive vice president and chief jobs in Washington.” After graduating magna cum laude from operating officer of New York University from 2001 to 2006 and Harvard, Lew headed to Washington to serve as a legislative aide managing director and chief operating officer for two differ- to Rep. Joe Moakley, D-Mass. ent Citigroup business units until 2009, when a new president He worked as House Speaker Thomas P. “Tip” O’Neill Jr.’s, would call him back to service. D-Mass., policy adviser during the 1980s while simultaneously “As a kid growing up in Queens, I had dreams of making attending Georgetown Law. So at the same time he was learn- a difference in the world,” Lew said following his nomination. ing torts, contracts and civil procedure, he was also serving “These dreams were nurtured in a home where the gifts of as assistant director and later executive director of the House American freedom and opportunity were cherished and never Democratic Steering and Policy Committee, responsible for — taken for granted, and the responsibility to engage in issues of according to his government bio — such domestic and economic public concern were part of daily life.” issues as Social Security, Medicare, budget, tax, trade, appropria- Lew credited his parents “for grounding me in the values that tions and energy. have remained central to my personal and professional life” and “In the words of one former senator, ‘Having Lew on your thanked his family: wife Ruth and children Shoshi and Danny. team is the equivalent as a coach of having the luxury of putting “Serving in your administration has allowed me to live out somebody at almost any position and knowing he will do well,’” those values my parents instilled in me, and I look forward to the president said in separate remarks on January 10, the day he continuing with the challenges ahead,” he told the president. nominated Lew. “And I could not agree more.” And as for his signature? “Jack assures me that he is going to In 1988, Lew headed into private practice at the Washington work to make at least one letter legible in order not to debase our law firm of Van Ness, Feldman. He would re-enter public service currency should he be confirmed as Secretary of the Treasury,” in 1993, when he became special assistant to President Clinton, the president joked. helping to design the national service program AmeriCorps. By

1998 he was a member of Clinton’s cabinet, serving as director — By Ann W. Parks Georgetown University Law Center 600 New Jersey Avenue, N.W. NON-PROFIT ORG. Washington, D.C. 20001-2075 U.S. POSTAGE PAID PPCO