ALSO The solicitor ‘generalist’ | Voices from the Celebration of Black Alumni HarvardWINTER 2012 Law bulletin l REAL-WORLD PERSPECTIVES AND HANDS-ON TRAINING v NEW CONNECTIONS BETWEEN THEORY AND PRACTICE c1_HLB_Winter12_01C.indd c1 11/16/11 3:49 PM IN THIS ISSUE volume 63 | number 1 | winter 2012 1 FROM THE DEAN 2 LETTERS 3 ASK THE PROFESSOR Tax expenditures and the 5 page 37 budget deficit 5 ON THE BOOKSHELVES Lessig on corruption and Congress; Kennedy on the persistence of the color 22a Double Strength line; Gertner’s memoir; Steiker on A new collaboration between HLS and Stuntz’s closing arguments Brookings takes on security issues. 10 FACULTY SAMPLER A glimpse into new research by 5 HLS faculty 26a ‘Defending unpopular positions 13 YOUNG ALUMNI The growth of a friendship and a pro- is what lawyers do’ fessional collaboration born at HLS; two diplomas, then two decisions In an era of ideological fencing, Paul Clement ’92 15 FACULTY SERVICE won’t be fenced in. Neuman reflects on appointment to U.N.’s Human Rights Committee. 16 HLS CONNECTS 32a Bridging Theory and Practice Internship with venture capital fund aimed at Palestinian startups yields in Corporate Law high returns. HLS classes offer lessons from real-life deal-making, 17 INSIDE THE CLASSROOM contract negotiations, hostile takeovers and more. iLaw: The next generation 18 OUTSIDE THE CLASSROOM A student organization that has been 37a Reflections on the Journey representing prisoners and training Voices from the Celebration of Black Alumni lawyers for 40 years 20 HLSA NEWS 48 CLASS NOTES assistant dean for communications Robb London ’86 Strength in numbers; Force of nature; editor The proof is in the returns Emily Newburger 62 HLS AUTHORS managing editor Linda Grant 63 TRIBUTES editorial assistance Professor Bernard Wolfman, 1924- Sophy Bishop, Jill Greenfield ’12, 2011 Carolyn Kelley, Lauren Kiel, Jenny Lackey Kurk, Christine Perkins, Derrick Bell, 1930-2011 Lori Ann Saslav, Kim Wright 65 IN MEMORIAM design director 66 LEADERSHIP PROFILE Ronn Campisi editorial office Roy L. Furman ’63 5 page 32 Harvard Law Bulletin, 125 Mount Auburn St., 68 GALLERY Cambridge, MA 02138 email: [email protected] “Summa de Legibus Normanniae” website: www.law.harvard.edu/news/bulletin goes digital. send changes of address to: 5 page 3 [email protected] The Harvard Law Bulletin (ISSN 1053-8186) is published two times a year by Harvard Law School, Cover illustration by Adam McCauley 1563 Massachusetts Ave., Cambridge, MA 02138. © 2012 by the President and Fellows of Harvard College. Printed in the U.S.A. c2_HLB_Winter12_03_r1.indd c2 11/15/11 3:19 PM FROM THE DEAN Theory and Practice, at the Same Time “At law school, we daily acknowledge the differences between “In theory there is no difference between theory and practice— and petitions by individuals. and between thinking theory and practice. In practice, there is.” So, Further cross-pollinating and doing—while also we think, said Yogi Berra. He also supposedly working constantly to practice and theory, this bridge the two.” said, “How can you hit and think at the same year we have launched a time?” At law school, we daily acknowledge multiyear training program their clinical and summer the differences between theory and practice— for associates of the Milbank work experiences while also and between thinking and doing—while also law firm. In turn, we will generating research that in use this effort to explore the turn assists practice. A story working constantly to bridge the two. In the demands and opportunities inside recounts how Ryan creative tension between theory and practice in the changing marketplace Park ’10 learned that Judge lies our comparative advantage. So this for lawyers as we pilot Richard Posner ’62 of the September—10 years after the 9/11 attacks— new teaching materials U.S. Court of Appeals for the we launched a new initiative pairing the and examine career paths 7th Circuit cited an article he academic research of Harvard Law School and changing modes of wrote as a student. delivering legal services. We mourn the loss of professors with the scholarship, also bring Every day at the school, a colleague and friend, policy expertise of the perspectives of practitioners, accomplished alumni Professor Bernie Wolfman, Brookings Institution to case studies of business who have pursued vital whose career connected tackle challenging issues of strategies, real-time careers in law practice, theory and practice in national and international analyses of contemporary business, politics, nonprofit tax law and civil rights, security. Headed by HLS deals, and in-depth studies leadership, and other fields and whose memorable Professor Gabriella Blum of business transactions generously share their teaching and prolific writing LL.M. ’01 S.J.D. ’03 and to their classrooms. This time and insights, advising informed generations of Benjamin Wittes, a senior issue highlights some students, faculty and this law students and lawyers. fellow in governance studies of these efforts and also dean. I am delighted that We also remember here at Brookings, the Harvard explores burgeoning clinical the Bulletin has profiled Professor Derrick Bell, a Law School-Brookings opportunities for students several outstanding alumni: former HLS faculty member Project on Law and Security interested in business law former Solicitor General and the school’s first directs legal scholarship and business regulation. Paul Clement ’92, private African-American tenured to vexing and persistent Another story here equity investor Tope Lawani professor. His pivotal questions of policy while follows our faculty member ’95, and financial expert and courageous work infusing Gerry Neuman ’80 to and successful Broadway spanned the front lines of real-world Geneva, where he brings producer Roy Furman ’63, the civil rights movement, realities his knowledge and research among others. More than imaginative writing, into to his new role as one of 700 alumni attended the outspoken protest and academic 18 elected members of the joyful 3rd Celebration of searing critiqu e in pursuit of discussions. United Nations’ Human Black Alumni. This issue equality. The project includes Rights Committee, the shares insights from Peggy Sparks fly when theory Professor Jack Goldsmith, expert body created by and Cooper Davis ’68, John and practice meet. Daily who co-founded the national charged with enforcing the Payton ’77, Loretta Lynch work lifts with aspirations security blog Lawfare with International Covenant ’84, Timothy Wilkins ’93 while lived experiences Wittes and Robert Chesney on Civil and Political and Darin Johnson ’00, who discipline ideals. As Yogi ’97, and also many of our Rights. Selected as an exemplify the remarkable Berra apparently said, “If students. internationally renowned and diverse careers of the world was perfect, it Members of our master in the field, Professor black alumni graduating wouldn’t be.” corporate law faculty, Neuman is already bringing from HLS over the past five consistently recognized back to Cambridge rich decades. around the world for their insights from his immersion Students find innovative and influential in reports by member states opportunities to reflect on winter 2012 harvard law bulletin 1 01_HLB_Winter12_01_r1.indd 1 11/15/11 5:43 PM E Ruthzee LETTERS Louijeune ’13 and Marielle Macher ’11 knock on doors to inform inhabitants of property slated for foreclosure of their legal rights as part of HLS’s Project No One Leaves. “IN THE ARTICLE, A ROLE FOR HLS IN THE DEVELOPMENT OF ... NO BLAME OR ‘CLEAN’ NUCLEAR ENERGY LAW ON THE RESPONSIBILITY HOME FRONT The note from Dean Martha IS PLACED The Harvard Legal Aid Bureau and two HLS Minow in the Summer 2011 edition of clinics help staunch the ON THE foreclosure crisis in the Harvard Law Bulletin favorably Massachusetts by jeri zeder comments on the “center stage” BORROWER.” role of the law school’s graduates in aynsleyayn floyd summer 2011 harvard law bulletin 27 “developing innovative technologies” 26 harvard law bulletin summer 2011 PhotographsPPhotoographs byby _ _ _ 5/12/11 11:01 AM 22-49_HLB_Summer11_09.r1.indd 26 5/12/11 11:00 AM for “the nation’s future and the welfare of the world.” Any even part- time reader of the news knows of thorium reactors to solve our energy nearly $500,000 to purchase a the disastrous earthquake, tsunami problems. If you need some additional tenement. Do we detect an element and nuclear reactor meltdown that scientific help, it seems to me that MIT of greed here? It appears the victim devastated Japan. Many who may read is just down the avenue and that there should have consulted a lawyer from more thoroughly will have learned that are a host of engineers across the river the Harvard Legal Aid Bureau before the radiation disaster still plaguing at Northeastern. she made the purchase. that nation would have been averted Harris Baseman ’55 R.J. McMahon ’45 if the nuclear reactor had been fueled Brookline, Mass. Pawtucket, R.I. with thorium instead of uranium. Our planet is still paying for the “Cold WHAT ABOUT THE RESPONSIBILITY OF A GRAVESTONE DOES AS MUCH War” decision made so many years ago THE BORROWER? Because I have enjoyed the Harvard to use uranium for its bomb-making In the article titled “Law on Law Bulletin for many years and hope capabilities instead of thorium in its the home front” (Summer 2011), to enjoy it for several more years, I nuclear reactors. we are told the victim—Beth—was must tell you that the recent truncating If Harvard Law School wishes deceived by “predatory” lenders. of your obituaries is a dreadful mistake. to lead the way as the pre-eminent That word appears four times in an Your current (Summer 2011) issue educational institution in the country, extremely slanted article.