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Rascoff Wins Notes & Renderings Carnegie In just his first year in academia, Assistant Professor Samuel Rascoff has won a grant from the Carnegie Foundation of . One of 24 Carnegie Scholars who will receive up to $100,000 for research projects to “enrich the quality of the public dialogue on Islam,” Rascoff will The State of Matrimony examine how the U.S. under- stands Islam, drawing on com- ast may, near the end of a year-long period in parisons to the United Kingdom which six states legalized same-sex marriage, Reframing and the Netherlands, as well as (LL.M. ’67) teamed with Bush v. Gore rival Sotomayor with Cold War-era Sovietology. L to challenge Proposition 8, the ballot measure ending gay Before joining the Law School marriage in . “This is not something that is a partisan In July, the Bickel and Brewer faculty, Rascoff was the NYPD’s Latino Institute convened an in- issue,” but one of civil rights, said Boies in . formal discussion regarding the director of intelligence analy­sis Not all proponents applauded the bold move. Jennifer Pizer coverage of Sonia Sotomayor’s and special assistant to Ambas- ’88, marriage project director for Lambda Legal, told the Times nomination to the U.S. Supreme sador Paul Bremer with the Coali- the federal suit was “risky and premature” and that a Supreme Court. Sotomayor has strong tion Provisional Authority ties to the Law School: She Court loss could set the cause back decades. But Olson, a Dwight in Iraq. He is the fifth attended the New Appellate academic from NYU D. Opperman Institute of Judicial Administration board member, Judges Seminar offered by the Law to score a grant countered, “We studied this very, very carefully,” adding that it was Dwight D. Opperman Institute since the program hard to tell clients, “Why don’t you...wait another five years?” of Judicial Administration in 1998, her rookie year as judge began in 1999; Meanwhile, antidiscrimination law expert Kenji Yoshino, of the U.S. Court of Appeals no other law Chief Justice Earl Warren Professor of Constitutional for the Second Circuit, and she school has won Law, weighed in on the sanctioning of same-sex mar- was an adjunct professor of law more than two. from 1998 to 2007. riage rights in multiple states—including Iowa and Previous win- Vermont in the span of four days last April—in the “We want to take stock of ners include Times, on NPR, and in other media outlets. In a how Latinos have helped professors podcast for the NYU Law Web site, Yoshino inter- shape the law in the United Noah Feld- preted the Iowa Supreme Court’s unanimous de- States,” said the institute’s man (now at faculty director, Professor cision: “A 7-0 decision says that there really isn’t Harvard Law Cristina Rodríguez. “A lot of School), Ste- an argument we can credit on the other side, the media focus has been phen Holmes, and this manifests a movement away from on how Sotomayor would and Richard edenthal thinking about the same-sex marriage issue add demographic diversity Pildes, as well i d n as being up for debate and toward the idea to the Court, but without a as Aziz Huq, i that to be against same-sex marriage is like meaningful discussion of former deputy on: dav being against interracial marriage.” (Listen the historical contributions director of the i to the full interview at law.nyu.edu/news/ of Latinos, including ad- Brennan Cen- vancements in civil rights.” llustrat yoshino_podcast_marriage.) ter for Justice. i

A Baker’s Dozen of Food for Thought

This fall, University Professor Jeremy Waldron delivers one of the most prestigious lectures in the academy, the Oliver Wendell Holmes Lecture at . It will be the 13th major lecture that Waldron, a legal philosopher, will have given at top universities throughout the world. “These famous lecture series are great events in academic life, and ouse

the universities that sponsor them are understandably anxious to te H i match the quality and reputation of each year’s speaker to the high importance of the occasion,” said Ronald Dworkin. October 2009 P Images/Wh “It is a wonderful tribute to Jeremy that so many of the Oliver Wendell Holmes Lecture best universities have turned to him for that purpose.”

Harvard Law School, sotomayor: A Cambridge, MA 4 NYU SCHOOL OF LAW notes & renderings ruling, said, “If we look at where the problems have taken Voting Rights Endure—for Now place in recent elections, Ohio hen debo adegbile procedures. Since the district 5 unconstitutional. Adegbile and Florida come to the fore, ’94 appeared before does not register voters, it was faced skeptical questioning and neither one is a covered W the Supreme Court in deemed ineligible to bail out, from several justices; one of jurisdiction under Section 5.” April to argue against a consti- and so brought suit to win that the most prominently raised Adegbile, on the other tutional challenge to Section 5 right or, alternatively, to over- questions was whether the mix hand, considers the continued of the Voting Rights Act of turn Section 5 entirely. The of covered ju- 1965, it was the climax of latter possibility made North- risdictions was several years’ effort to win west Austin Municipal Utility now outdated. congressional reauthoriza- District Number One v. Holder Many legal ana- tion of provisions of the VRA. the most highly anticipated lysts predicted a Adegbile, director of litigation opinion of the last term. 5-4 decision. at the NAACP Legal Defense The tone of the oral argu- The Court and Educational Fund, had ment on April 29 led most ob- surprised both testified in both the House and servers to believe the Supreme sides on June 22 Senate and made appearances Court might declare Section when it ruled 8-1 across the coun- to address the West Feliciana Parish, Louisiana, 1963 try to educate the case narrowly, A Message from Dean Revesz public and engage leaving Section 5 intact. The relevance of Section 5 a leg- in debate about Court gave non–voter-regis- islative matter rather than we have a tremendous issue here! i am delighted to be able to present you VRA issues. tering entities the right to seek a judicial one: “Where you On the sur- bailout relief, but also implied have a statute that has with- with a timely cover story that will shed light on the intersection between law and face, the case that Section 5’s constitutional stood the test of time and has was a simple one. status might be under threat. been a transformative piece politics as we come into the fi nal stretch of the 2008 presidential race. Two of our A small Texas Professor Richard Pildes, of legislation…that system utility district whose congressional tes- should not lightly be set aside.” faculty, , the Bonnie and Richard Reiss Professor of Constitutional Law, with an elected timony on Section 5’s 2006 Acknowledging that no board wanted reauthorization was quoted in system is flawless, Adegbile and Richard Pildes, the Sudler Family Professor of Constitutional Law, along with their the opportunity the opinion, said, “Congress said, “Section 5 has never been to “bail out” of had thrown down a gauntlet a perfect metric of all of the colleague Pamela Karlan, a past judge on and president of its obligations to the Court by not updat- places where discrimination professor at Stanford Law the Inter-American Court of under Section 5, ing the Act in 2006, and the is happening, but it’s been a School, are the co-creators of Human Rights, Buergenthal which requires Court responded in its own very effective one at getting at a legal fi eld called the Law of has made profound contribu- that certain lo- more gentle way by essentially some of the most entrenched Democracy. tions to the cause of human cal jurisdictions throwing the gauntlet back discrimination.” He added, Th e groundbreaking case- rights. In fact, as the magazine with a history of down to Congress and saying “In my work I travel near and book they published in 1998, was going to press, he was one voting rights dis- the Act is in serious constitu- far to hear from those folks The Law of Democracy: Le- of two recipients of the Gruber crimination seek tional jeopardy.” about whether or not they gal Structure of the Political Foundation International Jus- Justice Depart- Agreeing with Pildes, need Section 5…. Their experi- Process, has transformed the tice Prize, a $500,000 award ment preapproval Professor Samuel Issacharoff, ence has been such that they way scholars view election honoring those who advance Adegbile, left, with other LDF counsel, emerging law. Defi ning the cluster of the cause of justice through before chang- after arguments at the U.S. Supreme Court. whose law review article understand that the struggle ing their voting on Section 5 was cited in the for equality is not done yet.” legal issues underpinning the legal system. the practice and theory of On a lighter note: Did you American democracy, their know that Professor Roderick 2009 2008 2007 2006 2006 2005 work turned diff use areas of Hills Jr. had to fi nd a new home the law into a coherent dis- for Refl ector, his horse, before Tanner Lectures Space for Storrs Julius Stone Jonathan I. Charney F.W. Guest cipline—one that is quite coming to NYU? Turn to page on Human Values Thought Lectures Address Lecture in Memorial Lecture popular among law students. 46 to learn more about the 27 University of London School , Sydney Law School, International Law University of Otago As you may know, each enormously accomplished ac- California, Berkeley of Economics, New Haven, CT Australia Vanderbilt University Faculty of Law, year we highlight an academic ademics who have joined our England Law School, Dunedin, s area that we are confi dent a full-time faculty since 2002. I bi Nashville, TN New Zealand peer review would say is the am also quite proud of all our strongest of its kind among faculty, and delighted to wel- 2005 2004 2001 2000 1999 1996 the top law schools. Th is year come six new members, whose

b adelman/cor Daniel Jacobson Robert G. Kadish Lecture Sir Malcolm Knox Carlyle John Robert Seeley that area is the Law of Democ- profi les begin on page 40. Lecture Wesson Lectures University Memorial Lecture Lectures Lectures in Social and racy. Larry Reibstein, the for- Th is was a great year for The Hebrew Stanford of California, University of University of Political Studies midable journalist who wrote student scholarship. An article hoto: ©Bo University of University, Berkeley, St. Andrews, Oxford, England Cambridge about Law and Philosophy for the magazine in 2005, explores that Brian Frye ’05 began as a third year, published in the NYU val p val i Jerusalem, Israel Palo Alto, CA School of Law Scotland University, England this new legal specialty in “Leveling the Playing Field” on page 18. Journal of Law & Liberty, was cited in Supreme Court Justice An- arch As you’ll discover in our story “Follow the Numbers” on tonin Scalia’s majority opinion in District of Columbia v. Heller. And page 28, Jennifer Arlen ’86, Norma Z. Paige Professor of Law, a paper that Sima Gandhi ’07 (LL.M. ’10) wrote for Batchelder’s tax THE LAW SCHOOL 2009 5 and Geoff rey Miller, Stuyvesant P. Comfort Professor of Law, are and social policy seminar won the Brookings Institution’s inaugu- also blazing new trails in the burgeoning area of Empirical Legal ral Hamilton Project Economic Policy Innovation Prize. To read Studies, known as ELS. Along with almost two dozen members more about students’ achievements, please turn to page 73. of the faculty, including Professors Lily Batchelder in tax and Finally, we are privileged to have so many active and thought- social policy, Marcel Kahan in corporate law and Stephen Choi ful alumni. Don’t miss our back page piece about the new presi- in securities law, Arlen and Miller have been publishing real- dent of Taiwan, Ma Ying-jeou (LL.M. ’76), who is married to Chow world, data-driven research that illuminates a range of public Mei-ching (LL.M. ’76). Th e interview was conducted by Law School policy matters, and have made NYU Law a locus of ELS activity. Professor Jerome Cohen, who taught Ma at Harvard in the 1970s. It’s hard to understand why Th omas Buergenthal ’60, who And many thanks to an alumnus who sent an email last year sug- received an honorary doctorate during our most recent com- gesting that Th e Law Schoolcould improve its environmental prac- mencement ceremonies, isn’t a household name. tices. Th is issue is our fi rst printed on paper con- Turn to the remarkable story, “From Darkness,” on taining 30 percent post-consumer recycled fi ber; page 10, and you will see Buergenthal’s early life as the quality of recycled paper continues to im- was the stuff of nightmares; he was one of the few prove, that percentage will increase. So, enjoy, and children to survive the Auschwitz Death March. A when you’re fi nished reading these pages, please judge on the International Court of Justice, and a   be sure to recycle the magazine!

AUTUMN 2008 1 Experts in the House

Who: Barry Adler, Who: Rachel Barkow, Who: Clayton Gillette, Who: Linda Silberman, Bernard Petrie Professor Professor of Law Max E. Greenberg Professor Martin Lipton Professor of Law of Law and Business Where: House Committee of Contract Law Where: House Committee on Where: House Committee on on Energy and Commerce, Where: House Committee on the Judiciary, Subcommittee the Judiciary, Subcommittee Subcommittee on Com- Government and Oversight on Commercial and on Commercial and Adminis- merce, Trade, and Consumer Reform, Subcommittee on Administrative Law trative Law Protection Domestic Policy When: February 12, 2009 When: September 26, 2008 When: July 8, 2009 When: September 18, 2008 What: Silberman addressed What: In a hearing titled What: In the hearing “The What: Gillette testified about the problem of “libel tour- “Lehman Brothers, Sharper Proposed Consumer Finan- the appropriate scope of the ism,” in which plaintiffs Image, Bennigan’s, and cial Protection Agency: Im- federal tax exemption on sue American authors and Beyond: Is Chapter 11 Bank- plications for Consumers municipal bond interest. He publishers for defamation ruptcy Working?” Adler and the FTC,” Barkow gave suggested that the exemption in countries where U.S. First noted that, independent her take on the structure should be limited to those Amendment protections do of the Bankruptcy Abuse of the CFPA, which would projects that have beneficial not apply. One such venue is Prevention and Consumer protect and inform consum- consequences beyond the England, where the burden Protection Act of 2005, there ers in the complex market jurisdiction that issues the is on the defendant to prove has been a “sea change” in of financial services and bonds. Gillette also argued that allegedly defamatory bankruptcy reorganization products. She recommended that while projects funded statements are benign. for large, publicly traded limiting the CFPA’s five- by payments in lieu of taxes Silberman pointed out that companies. The shift has member board to no more (PILOTs) may be desirable the U.S. has no bilateral or been from debtor to creditor than three members of any for the state or municipal- multinational treaty regard- control of bankruptcy, with a political party, ensuring that ity in which the projects are ing the recognition and trend toward more meaning- consultation is at the CFPA’s located, the proper availabil- enforcement of foreign judg- ful changes to the organiza- discretion and not subject ity of the federal tax exemp- ments and called it “curious” tion’s management structure to judicial review, modify- tion should depend on other that such cases are consid- as firms attempt to address ing the statute of limitations factors. Municipal projects ered a matter of state, rather the roots of fiscal difficulties. provision, limiting the ability funded by PILOTs have than national, law: “As a re- The shift has also resulted of agency board members to become popular in recent sult, the judgment of a...Ger- in a greater number of firms practice before the CFPA for years, and were controver- man or Japanese court might being liquidated, which can a certain period following the sially used in the funding be recognized and enforced be a better solution, Adler end of their terms, and giving of the new Yankee Stadium. in Texas, but not in Arkansas, said, than a futile capital the CFPA’s research unit a Gillette warned that PILOT in Pennsylvania but not in restructuring that fails to mandate to analyze and re- financing could be less New York.” She prescribed ce i

solve the real problem. port on suppliers of financial transparent than financing a comprehensive federal ff s O

services and products, as through direct expenditures, statute concerning the rec- w e well as regulations imposed and thus was susceptible ognition and enforcement on suppliers by other bodies. to abuse: “These payments in the U.S. of foreign judg- arvard N Barkow also pointed to a lack permit evasion of the kinds ments. On June 16, the House H of clarity regarding the rela- of democratic scrutiny that passed H.R. 2765 prohibiting hoto/ tionship between the CFPA ensure projects and financ- recognition and enforcement

and the president. ing structures that qualify of foreign defamation judg- hase p for the federal tax exemption ments not consistent with the e): Jon C reflect constituent prefer- First Amendment; the bill’s i ost

ences and serve the objec- accompanying report cited pp n (o tives of the local economy.” Silberman’s testimony. i ork Dw

6 NYU SCHOOL OF LAW In the majority In a decision last March, In his dissent, opinion written by Justice David Souter Justice Anthony the Supreme Court cited the article ➘ five more times.

Kennedy, Pildes’s cited an article by

And Justice ➘ “Is Voting Rights Law Now at War with Richard Pildes Stephen Breyer, also dissenting, ➘ Itself? Social Science numerous times in and Voting Rights in the once again cited

2000s” from the 2002 both the majority Pildes. Clearly, one North Carolina Law opinion and thing the justices could Review is cited four times. agree on in their two dissents. 5–4 decision was the

significance of

Pildes V. PildesPildes’s work. The Court held in Bartlett v. Strickland that a part of the Voting Rights Act aimed at helping minorities elect their preferred candidates applies only in electoral districts where minorities make up at least half of the voting-age population. utor ib A Million for His Thoughts Two Alumni Clear University Professor Thomas Scheffler, once Nagel’s student. Nagel won a 2008 Balzan Prize “He has an uncanny ability and one million to cut to the heart a Painful Docket Swiss francs (roughly of a complex issue hen articles are written about how the thousands $885,000) for his work without in any way of victims of the 9/11 terrorist attacks were compensated, in moral philosophy. oversimplifying it.” W there will be one interesting footnote: All but three claim- Nagel was honored The Balzan is just ants reached out-of-court settlements with the help of two Law last December, in the latest in recent School alumni—Sheila Birnbaum ’65 and Kenneth Feinberg ’70. reyer: getty/charles ommanney/contr part “for the origi- honors for Nagel. Feinberg, the Obama admin­istration’s new “pay czar” over- nality and fecundity Last year, Oxford seeing executive compensation for companies receiving federal of his philosophical University gave him aid, was the special master of the September vlla/staff b i approach to some of an honorary doctor- 11th Victim Compensation Fund established the most important ate, and the Royal by Congress 10 days after the attacks as an questions in contem- Swedish Academy administrative alternative to litigation. ip somode porary life.” of Sciences awarded The vast majority—98 percent—of eligible “Thomas Nagel is one of him a Rolf Schock Prize in victims and families submitted claims to etty/ch America’s most distinguished Logic and Philosophy—and the fund, and by June 2004 Feinberg had living philosophers,” says 500,000 Swedish kronor (then supervised payouts of more than $7 billion University Professor Samuel roughly $82,000). to 5,560 claimants. nger souter: G i The 95 remaining victims and families filed suits against the airlines, security s/str i A Crimson Feather in His Cap companies, and others in the U.S. District Court for the Southern District of New York. aul morr Legal philosopher and University Professor Ronald Dworkin received That court, in turn, appointed Birnbaum, d p i an honorary doctorate of laws at Harvard University’s 358th com- a specialist in mass torts and a partner at mencement on June 4. A graduate of Harvard College and Harvard Law Skadden, Arps, Slate, Meagher & Flom, as School, Dworkin stood onstage in crimson and black robes as Provost mediator. From February 2006 to March 2009, she settled all Steven Hyman enumerated the quandaries of legal philosophy that but three wrongful death and personal injury lawsuits for a Dworkin has tackled, including the role of morality in constitutional in-

kennedy: getty/dav total of $500 million. terpretation, the core principles citizens share in a polarized democracy, In her concluding report to Judge Alvin Hellerstein, Birn- and how to determine an individual’s political rights. Hyman observed: baum wrote that many families had not had a chance to “tell the “His impact on the philosophy of story of their loss.” So, she arranged for the families to address law is such that over the past three airline representatives in face-to-face sessions that were “heart- decades nearly every contribution wrenching and emotionally draining.” In Hellerstein’s order ac- to the field is either directly cepting the report, he praised Birnbaum’s “extraordinary work”: “She absorbed their losses and their pain with empathy.... She or at least indirectly an en- gained plaintiffs’ confidence. Without her assistance, most of gagement with his work.” these cases, in my opinion, would not have settled.”

THE LAW SCHOOL 2009 7 delman b A s/Bo bi or hoto: C val p val i arch Félicitations to Bellamy In an April 7 ceremony in Stanley, a New York state sena- Paris, Carol Bellamy ’68 was tor, president of the New York made a chevalier in the Legion City Council, and director of of Honor in recognition of her the U.S. Peace Corps. service from 1995 to 2005 as French Secretary of State executive director of UNICEF, Alain Joyandet presented the the children’s agency of the medal “to pay tribute to [Bel- United Nations. Created by lamy’s] commitment to the Napoleon Bonaparte, the cause of children all over the Légion d’honneur is France’s world.” He praised Bellamy oldest and highest distinction. for her “intense and tireless In recent years, Law School contribution...at the head of professors Theodor Meron and UNICEF to fight discrimina- Ronald Noble as well as NYPD tion against children and Attorney and Client, Fortitude and Impatience Commissioner advocate for the recognition (LL.M. ’74) have also received of their rights.” Ensuring the right to the medal. Bellamy is president and Bellamy has crisscrossed CEO of World Learning, a the private and public sectors Vermont-based nonprofit or- rest one’s weary head throughout her career, having ganization that seeks to help Steven Banks ’81, attorney-in-chief of the Legal Aid Society, may worked as a corporate Americans become more ef- have developed a new appreciation for Charles Dickens’s Bleak for Cravath, Swaine & Moore, fective global citizens through House after brokering a deal with New York City to shelter the a managing director at Bear study abroad, graduate educa- homeless. But unlike the long-running fictional case Jarndyce Stearns, a principal at Morgan tion, and community projects. and Jarndyce, this 25-year legal battle had a hopeful ending. In 1983 the Legal Aid Society filed the primary lawsuit in the “Being at the head of UNICEF was an honor matter, McCain v. Koch, to obtain better shelter for families. Sub- and a privilege. I can think of no work that sequent lawsuits concerned questions of shelter eligibility and is more vital to humanity than ensuring that services for the homeless. By 2008, more than 40 court orders children everywhere survive their early years were in play. In an attempt to end the quarter-century legal con- flict, the city made reforming the shelter system a top priority. and grow up with health, dignity, and peace.” The settlement between the Legal Aid Society and New York City explicitly guarantees the right to shelter and formalizes qualifying standards for shelter, assisting individuals with ob- taining necessary documents and helping them find somewhere to go in the event that shelter is denied. In a September 2008 news conference with Mayor Michael Bloomberg at City Hall, Banks said the hard-won development made this “a historic day for homeless children and their families,” adding, “An enforceable right to shelter for home- less children and their families is now permanent, no matter

what administration is in office, no matter who is mayor.” age.com p ckens i ckens: charlesd pening Argument i harles d ; C “Clients have long hated the billable hour, and I understand why…. i The clients feel they have no control, that there is no correlation between cost and quality…. The billable hour makes no sense, /nooran

not even for . If you are successful and win a case early on, 2005-0016 you put yourself out of work…. That is frankly nuts.” cef/nyhq i n From “Kill the Billable Hour” by Evan Chesler ’75, presiding partner at Cravath, Swaine & Moore, U and a trustee and adjunct professor at the NYU School of Law, in Forbes, January 12, 2009 ellamy: © b

8 NYU SCHOOL OF LAW A not-for-profit joint Plugging Into a Powerful Partnership venture, the Legal Work- A three-year effort by the edi- in one of the participating shop is operated by cur- tors of seven top law journals law reviews. In June, for rent and former student culminated with the April instance, Senior Circuit editors. The idea came launch of the Legal Workshop, Judge Harry Edwards of about at a 2006 meeting of an online magazine featuring the U.S. Court of Appeals editors in chief of top law ideas found in the law reviews for the D.C. Circuit, a reviews who shared how “Sor”ing High of NYU, Cornell, Duke, George- visiting professor at NYU they were struggling to Maribel Hernández ’10 is one town, Northwestern, Stanford, School of Law, published make their individual of 31 immigrants or children of and the University of . an engaging editorial Web sites viable. Erin immigrants chosen to receive a Paul and Daisy Soros Fellow- The intent is to provide free about judicial politics Delaney ’07 embraced ship for New Americans, which legal scholarship in a read- that uses personal the idea of a collabora- provides tuition assistance for able, accessible format, said experience to illustrate tion, and the editors of graduate studies. Matthew Lawrence ’09, former the ideas in a Duke the NYU Law Review Hernández is currently a managing editor of the NYU Law Review article that took the lead in cutting joint J.D./M.P.A. candidate at Law Review, whose efforts he co-authored with through the legal red NYU and . were integral to the Web site’s Michael Livermore ’06, tape to form a multi- A Bickel & Brewer Scholar, she launch. The Legal Workshop “Pitfalls of Empirical state consortium of private is an articles editor of the NYU presents short, plain-English Studies That Attempt and public entities. “It was Law Review and a student ad- articles written by an author to Understand the a simple vision,” said Law- vocate in the Immigrant Rights Clinic. She plans to continue whose related, full-length Factors Affecting Appellate rence, “but it took a lot of hard her work in immigration law work of scholarship appears Decisionmaking.” work to make it happen.” as both a lawyer and a policy advocate. “I want to represent immigrants and at the same time push for humane immigra- Committed to Diversity tion reform,” she said. “I want to help families stay together.” t a time when legal the Training and Recruitment before a student’s ninth-grade Born in Mexico, Hernández education is moving Initiative for Admission to year with an intensive crimi- came to Texas with her family further out of reach for Leading Law Schools (TRI- nal justice course, which was when she was 13 years old. She graduated magna cum laude A those with big career ALS) is a five-week summer held at NYU this summer; al- from Harvard University and ambitions but small financial residential program for socio- most every day an alumnus en- has interned with the U.N. High means, the NYU School of Law economically disadvantaged gaged students in discussions Commissioner for Refugees in has expanded or created out- students that offers rigorous on compelling legal issues. Mozambique and the Clinton reach and support programs. preparation for the LSAT, The Law School has also Foundation HIV/AIDS Initiative. Launched through a part- lectures by legal luminaries, expanded its AnBryce Scholar- nership of the Law School, and opportunities to meet ship Program, founded in 1998 Harvard Law School, and the with and observe lawyers in by Anthony Welters ’77, chair- Advantage Testing Foundation, the field. Harvard hosted the man of the NYU School of Law Theodor Meron, inaugural year of TRIALS board of trustees, and his wife, Charles L. Denison this past summer, and NYU Beatrice, to provide full schol- Professor of Law Law will host the program in arships and other support to Emeritus and Judicial 2010. “This is part of a compre- outstanding students who are Fellow, will be inducted hensive diversity effort,” said the first in their families to as a fellow into the Dean . “In a pursue a graduate degree. The American Academy difficult economic environ- program, which began with of Arts and Sciences ment, we are not scaling back one student per year, is now in October, along with our programs but are expand- fully funded and has 30 stu- 211 other fellows and ing our commitment through dents—10 per class—annually. 19 foreign honorary a targeted approach that does “When I was in school, I never the most with each dollar.” considered the need to work members, including As part of this effort, the a hardship,” Welters recently Nelson Mandela, Law School has also joined told Diverse Issues in Higher forces with Legal Outreach, Education magazine. “But Dame Judi Dench, a college prep organization there were lots of opportuni- Colin Powell, that uses the law as a tool to ties I missed in law school inspire and prepare urban because of the need to work. Robert Caro, youth to succeed in high My wife and I facilitated these Bono, and school, college, and beyond. scholarships so that others Legal Outreach’s four-year could take advantage of the Marilyn Horne. program begins the summer full school experience.”

THE LAW SCHOOL 2009 9 affecting workers’ right to food. The first Green Team A Growing Problem: sentence of the paper Joining forces, law students puts it starkly: “It is from the Environmental Law Hungry Farmworkers both ironic and tragic Society and administrators that 80 percent of the from the dean’s office, resi- briefing paper written by Lama Fakih ’08, a fel- world’s hungry are food dential services, operations by members of Law Stu- low at the Center for Human producers.” and administrative services, A dents for Human Rights Rights and Global Justice, The two-day June and student affairs are work- and solicited by Olivier De and Professor Smita Narula, meeting was the first ing together to make sustain- Schutter, U.N. special rappor- CHRGJ faculty director and of several planned this ability an ingrained part of teur on the right to food and legal adviser to De Schutter’s year that will culminate campus life. former Hauser Global Visiting U.N. mandate, indicated that in a report to the U.N. “We see our sustainability efforts and conversations as Professor, became recom- a shrinking number Human Rights Council. part of an important culture mended reading at an of large traders Participants represent- change at the Law School,” international conference control a growing ing agribusiness, farmers, says Angela Gius ’10, who, held in June. proportion of the agricultural workers, and along with Joy Sun ’10 and Aaron Bloom ’11, Col- supply chain; their NGOs as well as academic Maron Greenleaf ’10, were leen Duffy ’11, Monica demand for cheap, experts received a synopsis of invited to join the NYU Law Iyer ’10, Aaron Jacobs- uniform food prod- the students’ paper as one of Sustainability Committee Smith ’11, and Laura Moy ucts pressures poor, three documents that formed supervised by Lillian Zalta, ’11 spent seven months small-scale farm- the basis for discussion. “I assistant dean for operations analyzing the interplay ers who lack the really hope that what we cre- and administrative services. of commodity traders, clout to contest ated was a foundation for a ”We’re hoping to food processors, global low compensa- good conversation there,” Iyer, make a ‘green’ retailers, and fast-food tion. As a result, the project leader, said, “and companies to investigate farmers must that people who were coming lifestyle the the role played by transna- reduce the to the conference learned norm on campus tional corporations in the wages of their from it and were able to build by ensuring that green habits global food supply chain. laborers, from that toward actually are easy and accessible, that The research, supervised adversely finding solutions.” our facilities—and how we use them—become increas- ingly energy efficient and waste-free, and that sustain- A Prized Fighter for Equal Justice ability is a priority in our deci- Bryan Stevenson, professor of rape at the age of 13 and ties in developing the voice sions as individuals and as an of clinical law and director sentenced to life in prison and arguments they need to institution,” says Gius. of the Equal Justice Initia- without the possibility of pa- demand equal justice under The Law School has tive, has won a 2009 Interna- role. In December, Stevenson law,” said U.S. District Judge already undertaken several tional Justice Prize from the filed a petition in Sullivan v. Bernice Donald of the West- significant steps, such as composting waste, improving Peter and Patricia Gruber Florida asking the Court ern District of Tennessee, recycling, reducing energy Foundation. The award is to determine whether who was a member of the use, replacing plastics in given to those who have “ad- Sullivan’s sentence prize commitee. “[His] dining halls, and producing vanced the cause of justice violates the Eighth work is a model for “Green Guides” to educate as delivered through the Amendment’s pro- human rights students, faculty, and staff. legal system.” Judge Thomas hibition on cruel advocacy and Facilities Manager Ken Buergenthal ’60 of the Inter- and unusual presents a com- Higgins says the Law School national Court of Justice was punishment. pelling case for buildings have also been one of last year’s recipients. “In securing the necessity upgraded, switching to low- Stevenson is one of two access to jus- of focusing on flow toilets and ditching halogen light bulbs in favor awardees who will each tice for those and developing of compact fluorescents. receive $250,000 during a most in need public interest Ideas flow from all parts ceremony this fall. The EJI of protection law in legal of the Law School, says Zalta, represents indigent defen- from discrimi- education and who appreciates the passion dants, death row inmates, nation—includ- practice.” of the student committee and juveniles who it believes ing, at times, Steven- members. “They push the have been denied fair and just discrimination son’s share agenda,” she says. “They are treatment in the legal system. within the legal of the prize extremely committed—you This term, the U.S. Supreme system itself— money will don’t have to ask them for Court has agreed to decide Bryan Stevenson be contrib- buy in. They’re in.” the case of EJI client Joe Sul- ... assist[s] op- uted to EJI’s livan, who was convicted pressed minori- budget.

10 NYU SCHOOL OF LAW notes & renderings

philip weiser ’94 Ignacia nia phillips ’99 Deputy Assistant Atttorney Moreno ’90 Deputy General General for International, Policy Assistant Attorney Counsel for Depart- and Appellate Matters, Anti- General for Environment mental and Legislative Trust Division, Department and Natural Resources Services, Department of Justice Division, Department of Education of Justice* Eric P. Schwartz ’85 Assistant Secretary of david kamin ’09 State for Population, Special Assistant to Refugees and Migration, Peter Orszag, Director Department of State of the Office of Management and Budget Alison Nathan, judith halle 2008–09 Alexander WURTZEL ’88 Fellow Deputy Assistant Associate Jon Leibowitz ’84 Secretary in the Office Counsel Chair of the Federal of Planning, Evaluation, Trade Commission and Policy Development, Department of Education cynthia mann ’75 Director of the Center for Medicaid Raymond and State Opera- Kelly (LL.M. ’74) tions, Department of Homeland Security Health and Human Advisory Council Services

m. Patricia Miriam Sapiro ’86 smith ’77 Deputy U.S. Trade Solicitor of the Representative* A Prized Fighter for Equal Justice Department of Labor* Seth Harris ’90 Bruce oreck Painting Deputy (LL.M. ’80) Secretary U.S. Ambassador of Labor to Finland* the White House

Laurie Mikva ’83 (LL.M. ’84) Member, Board Homeland Security of Directors, Advisory Council Legal Services Vi let Corporation

The historic election of the first African American to be chief executive of the is also the return of a lawyer—and law professor—to the White House. In the first six months of the new presidency, more than a dozen Law School alumni said, “Yes, I can!” and have been nominated, confirmed, or appointed to a wide variety of influential roles in the Obama administration.

*Awaiting confirmation as of July 30, 2009

Prepping and Priming: professor Cynthia Estlund Pamela Gilbert ’84 Alan Houseman ’68 Faculty and alumni, and Catherine A. Rein Professor of Law, Consumer Protection & Safety Commission Legal Services Corporation National Labor Relations Board the agency review teams Keith Harper ’93 Also, Obama administration members they served on during Aderson Francois ’91 Department of the Interior and Harris, Mann, Schwartz, the transition Commission on Civil Rights Indian Gaming Commission Smith, and Weiser served on the transition team.

THE LAW SCHOOL 2009 11