New Connections Between Theory and Practice

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: goes digital. www.law.harvard.edu/news/bulletin 5 page 3 send changes of address to: [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.

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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

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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. No blame notes the passing of five people I once it should cooperatively work with the or responsibility is placed on the considered friends. You’ve told me the university’s physicists, its Business borrower, who receives disability dates they died (a gravestone does as School and Kennedy School to find a income and lives in federally subsidized much), but what were the highlights of way to engineer, permit, and finance housing funded by taxpayer monies. their lives? safe, clean and nonproliferating She took two mortgages totaling I believe that our current demo- tion—so typical of this mechanistic A CALL TO READERS age—is bad for us alums. I am certain it will be bad for the law school. Do- David Warrington, librarian for special collections at Harvard Law School, is ing the obits the way you used to and seeking information on graduates or students who have died in military action the Harvard Magazine still does them since World War II. must be a hassle, but, trust me, they are HLS plans to honor those veterans by adding their names to a plaque in Lang- worth it. You will do us both a favor if dell Library outside the Caspersen Room, where others who have died in past you restore them. wars are commemorated. Malcolm H. Bell ’58 Warrington is aware of ﬁ ve alumni who have died in military conﬂ ict over Weston, Vt. the past six decades: john g. sheehan ’48-’49, killed in Korea in 1950 From the editors: We appreciate bigelow watts jr. ’51, killed in Korea on June 17, 1951 your thoughtful letter and active nelson ramon morales ’64-’65, killed in Vietnam on Dec. 26, 1967 readership. As of this issue, we are helge p. boes ’97, killed in Afghanistan on Feb. 5, 2003 including links to newspaper obituaries michael weston ’97, killed in Afghanistan on Oct. 26, 2009 in the online version of In Memoriam (bit. If you have information on others, please send it to [email protected]. ly/inmemlinks). In the near future, we edu or call 617-496-2115. will provide an online avenue for sharing remembrances.

† WRITE to the Harvard Law Bulletin, 125 Mount Auburn St., Cambridge, MA 02138; email [email protected]. Letters may be edited for length and clarity.

02-19_HLB_Winter12_05_r1.indd 2 11/15/11 3:30 PM ASK THE PROFESSOR

Stephen Shay Reforming TAX EXPENDITURES ALONE Won’t Fix the Deficit

In recent debates over reducing the budget deficit, even politicians adamant about not raising taxes have been discussing the elimination of tax loopholes, or “tax expenditures.” We turned to Professor of Practice Stephen Shay, who recently joined the law school faculty after extensive experience developing and overseeing implementation of U.S. international tax policy. We asked the former deputy assistant secretary in the U.S. Treasury: What are tax expenditures, and should they be repealed as a means to lower tax rates, reduce the deficit or both? The concept of tax expenditures is closely associated with the late Harvard Law School Professor Stanley Surrey, who, as assistant secretary of the Treasury, in 1967 gave a speech arguing that a tax provision that gives a subsidy or benefit to a taxpayer group or category of income should be considered the equivalent of direct spending by the government. Professor Surrey’s policy insight was that targeted tax relief was functionally equivalent to the government collecting the tax from the taxpayer receiving the relief and immediately giving it back to that taxpayer as a spending outlay. In 1974, Congress adopted budget legislation requiring annual estimates of tax expenditure costs. Tax expenditures for this purpose are revenue losses attributable to provisions of the federal income tax laws that allow a special exclusion, exemption or deduction from gross income, or that provide a special credit, a preferential rate of tax or a deferral of tax. However, tax expenditures listed in the annual budget are not treated in the same manner

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Professor of Practice Stephen Shay

as spending. There is no established process, such as an annual budget appropriation, for reviewing individual tax expenditures or for evaluating whether an individual tax expenditure achieves congressional objectives at a reasonable cost. Even tax expenditures scheduled to expire are routinely renewed, which reduces the visibility of their true costs. The tax expenditure concept has been controversial. Some scholars argue that whether a tax provision should be treated as a tax expenditure, in relation to an income tax base or a reference tax baseline, is an unprincipled exercise. Consumption

tax advocates object that existing tax PHIL FARNSWORTH expenditure analysis favors income over consumption as the basis for taxation with the result that provisions employer-provided health insurance preferences. Tax expenditure repeal that exempt or reduce tax on income ($1.1 trillion), the home mortgage is not a panacea for achieving deficit from savings and investment are interest deduction ($609 billion), reduction or tax reform. classified as tax expenditures. and deductibility of state and local Reform, and in some cases repeal, Notwithstanding these and other taxes (not on owner-occupied homes) of tax expenditures should be a part criticisms, there is a ($292 billion). Other of tax reform and contribute to deficit broad consensus among “MORE THAN 90 PERCENT tax expenditures, such reduction. Consistent with Professor policy analysts that tax OF TAX EXPENDITURES as the child credit and Surrey’s original vision, there should expenditure budgets BENEFIT INDIVIDUALS AND earned income tax credit, be an analysis of the objectives of have provided useful perform important social each provision and an evaluation information to legislators LESS THAN 10 PERCENT safety net functions. made whether the provision’s and tax policymakers. BENEFIT CORPORATIONS.” Some tax expenditures benefits outweigh its revenue and For fiscal year 2012, are poorly designed administration costs in the current estimates of annual revenue loss from subsidies that create inefficient context of substantial deficits. If a tax expenditure provisions total in incentives, and many inappropriately provision is to be retained, there excess of $1 trillion, exceeding the benefit higher-income taxpayers. The should be a further consideration discretionary spending portion of the largest tax expenditures, however, are whether it should be redesigned as federal budget (i.e., spending other embedded in the fabric of important either a tax or spending provision. than for entitlements, defense and sectors of the economy, such as health Real tax reform would go interest on the debt). For this reason, care and residential housing, and deeper than merely re-examining tax expenditures have been a “quick most tax expenditures support social tax expenditures; it should also fix” target to raise revenue in the name program activities: housing (especially re-examine and rehabilitate the of deficit reduction or to reduce tax low-income housing), education, social individual and corporate income rates in the name of tax reform or both. services, health, income security tax bases to fairly and efficiently It is not so easy. (including for retirement), veterans raise the revenue needed to support Today, more than 90 percent of benefits, and aid to charities, states the size of government adopted tax expenditures benefit individuals and localities. Moreover, the revenue through the democratic process. Tax and less than 10 percent benefit loss estimates for tax expenditures expenditures deserve scrutiny, but the corporations. Some of the largest are static and do not take account tax expenditure classification does not tax expenditures and some of the of behavioral responses that would address whether a provision is good or Treasury’s five-year (FY2012-2016) substantially limit revenue that would bad policy, and it does not cover the full estimates for these provisions include: actually be raised by repeal of certain extent of inequities and inefficiencies the employee’s income exclusion for tax expenditures such as capital gains in our current income tax system. P

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Fear and Loathing Lessig diagnoses a cancer that has attacked OUR POLITICAL SYSTEM

At a time when Americans are Is Congress corrupt? their ability to raise money, constantly expressing record dissatisfaction I don’t think there’s a significant amount shape-shifting so that when they walk with Washington, the publication of bribery, or that kind of corruption. It’s into that room, the guy with the money this fall of Professor Lawrence institutional corruption—and by institu- will have reason to give money to that Lessig’s latest book couldn’t be tional corruption I mean corruption that congressman. It’s that process that is a more opportune. “Republic, Lost: doesn’t involve any illegal activity at all. corruption, in my view, and that is re- How Money Corrupts Congress— This is legal corruption. It’s sponsible for the inability of and a Plan to Stop It” (Twelve) is members completely, legiti- this government to govern. an exhaustively researched and mately and openly spend- “I DON’T THINK THERE’S passionately argued indictment ing 30 to 70 percent of their A SIGNIFICANT AMOUNT To what extent do you think of Capitol Hill and the money- time focusing on the task of OF BRIBERY [IN the average congressman has centered daily dance between raising money, developing CONGRESS]. ... THIS IS qualms about this system? lawmakers and lobbyists. the sixth sense about how LEGAL CORRUPTION.” I think certainly the average Lessig, the Roy L. Furman what they do might affect congressman hates the Professor of Law and Leadership at HLS and director of Harvard’s Edmond J. Safra Center for Eth- ics, says that his disgust with Washington’s modus operandi grew over the course of about 10 years—from the mid-1990s to the mid-2000s—when he was a frequent visitor to the halls of Congress, advocating for reduced restrictions on copyright in the In- ternet age. His observation, that moneyed special interests enjoy special treatment from Congress, would hardly seem earthshaking to the average American. But as Lessig points out, the symbiosis between lobbyist and lawmaker is a far cry from a bag of green- backs buying a favor. The current Congress may be the cleanest in history, he says. It’s just that now the inﬂ uence of money on government is out in the open, operating in a legal system governed by rules that he contends are dysfunctional. Lessig recently sat down with the Bulletin to talk about the book.

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system. They think, I didn’t come Can he still do it? A Milestone But ... to Washington to spend half my I wish he could, but I think, time making anonymous phone increasingly, that he might just Kennedy argues calls to people asking for money. not be the person who’s got the “Dialing for dollars” is not why I constitution to wage that kind that a ‘RACIAL came to Washington. On the other of battle. That battle’s going to PREDICAMENT’ hand, they got to Washington and require someone who’s strong still predominates they think to themselves, I won enough to be hated. the election under this system and I’m not despite eager for another system because Say more about how your sugges- of the nation’s first I might not be able to win. And tions for ﬁ xing the problem might black president there are some who think, OK, get off the ground. I spend six or eight years in this I’m increasingly of the view system and then I’ll graduate and that the cancer in D.C. is too On the night Barack Obama become a lobbyist and I’ll make progressed for D.C. to cure itself. ’91 was elected president of the real money leveraging all the The framers of our Constitution United States, many people cried connections I made inside the Hill, envisioned a case in which tears of joy. For many black people so I like this system. Washington itself becomes the the tears held a special significance: problem, and they gave us a They couldn’t believe they had Have you seen any change in Con- way around Washington: That’s lived to see this milestone. Yet their gress over the years in terms of mem- the convention process. So I happiness also signified something bers’ susceptibility to lobbyists? think what has to happen is sad about the There has been a radical change that we have to build a political moment, about in just the last 20 years. The movement to drive toward the history of the Gingrich Congress (after the 1994 a constitutional convention, country and about midterm elections) really changed and then in the context of the problem of race the process. … That process the convention we have an in America that encouraged a massive devotion opportunity to have people did not end with of energy toward the idea of deliberate seriously about what the election of the raising money, and that, thereby, kind of change the government nation’s first black leveraged power of those who were needs. president, says Randall Kennedy. giving the money to control or “What they were really saying,” deflect change inside the system. What are the groups in place that he says, “is that given how racist the … Maybe the biggest testimony to could do this? United States has been and still is, it’s how bad it’s gotten is that you have The Tea Party is the inspiration remarkable that a black person could a president like Obama who comes for this possibility. I’m not a be elected president.” in dedicating himself to changing member of the Tea Party, and Remarkable, too, says Kennedy, is the system but very quickly gives I disagree fundamentally with that the person who holds the most up and doesn’t even pursue it. some of the values that they hold. power in the world is still limited But I’m a great admirer of their by racial considerations. The HLS ability to mobilize people enough professor, who has examined the Watch video of a conference to create great terror inside the role of race in law and society in his on a constitutional convention, existing political system. writing and teaching, highlights the co-chaired by Lessig and held at subject anew through the prism of HLS in September, at www. What do you think the reaction to Obama’s political career in his new youtube.com/harvardlawschool. your book will be? book, “The Persistence of the Color Obviously, there are going to be Line: Racial Politics and the Obama people who aren’t going to like Presidency” (Pantheon, 2011). it—people inside the Beltway and “This was an extraordinary a lot of my friends—because the landmark in the history of white and book is very critical of Obama. black race relations,” says Kennedy. But I’m not sure. It’s the first time “At the same time, there were I’ve written something that I’m important continuities. Are we in a deeply anxious about. —Dick Dahl completely different environment?

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02-19_HLB_Winter12_05.indd 6 11/11/11 4:42 PM during the 2008 presidential campaign. Kennedy contends that most of these charges were overblown. Indeed, he believes John McCain showed admirable restraint in not running a more racially tinged campaign. But because that campaign was unsuccessful, he fears that opponents will resort to more racial demagoguery as the president runs for re-election. The most incendiary issue Obama faced during the campaign revolved around his former pastor, Rev. Jeremiah Wright, whose perceived anti-American and anti-white comments were aired repeatedly. Kennedy addresses this subject by recalling his own father, who shared No, we’re not.” perceived electoral benefit) and for Wright’s anger toward a society that In the book, Kennedy asserts that adopting “conservative rhetoric” mistreated him because of the color of Obama has appealed in different ways to champion the Supreme Court his skin. He believes his father would to black and white audiences. He nomination of Sonia Sotomayor. not have changed his perspective writes that the president “made himself “Obama’s much-vaunted pragmatism even with Obama’s election, which black enough to arouse the communal degenerates at key moments into mere he did not live to see. But, he adds, a pride and support of African- expediency, facilitating default on the substantial number of black people Americans but not ‘too black’ to be difficult task of promoting progressive have come to see their country accepted by whites and others.” policies and values,” he writes. differently. While race will likely still Commentators such as Cornel He also notes that Obama has influence society for a long time to West have criticized Obama for consistently evaded racial issues, come, Obama’s ascent has permanently being insufficiently attentive to the though he acknowledges that such changed the face of the nation, he says. black community. But for a politician a course of action is pragmatic, “The thing that really put him trying to be elected—and re-elected— given the electoral realities. Even so, apart was his perception that a black president of the country, Obama the president has been involved in man could actually win,” Kennedy is making the correct calculation, many controversies related to race, says. “Now, there will be other black contends Kennedy. as Kennedy catalogs in his book. He people who are going to have had their It is a calculation many black covers the many charges of “playing expectations broadened and lifted. people have to consider, he adds. the race card,” both against Obama and That is going to be his great legacy.” Kennedy himself has been accused of against his opponents, that surfaced —Lewis I. Rice “selling out” (a subject he tackled in a previous book, “Sellout: The Politics of The critic IN THE MIRROR Racial Betrayal”) and not supporting black people ardently enough. “Some of what Barack Obama grapples In his new book, Kennedy details issues President Obama avoids for fear with is grappled with by all black of being charged with racial partiality, such as mass incarceration, which Americans who are operating in elite, Kennedy calls “a singularly destructive governmental intervention that predominantly white settings,” he says. particularly burdens poor, inner-city minority communities.” This description While Kennedy writes of his did not always reﬂ ect his views, as he points out. Indeed, in one of the many admiration for Obama, he also interesting footnotes to “The Persistence of the Color Line,” he says he erred criticizes the president for failing by minimizing the punitiveness of the criminal justice system in previous to support same-sex marriage writings, particularly in his book “Race, Crime, and the Law.” In an interview, purportedly because of his religious Kennedy said he’s always felt comfortable sharing his views, and facing the beliefs (Kennedy contends that Obama criticism that may follow. He is certainly willing to face self-criticism, too. espouses the position because of

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An Advocate Before the Bench

How Gertner’s work as a ‘REVOLUTIONARY’ AND ‘RADICAL LAWYER’ laid the groundwork for a career as a federal judge

It’s a brilliant August day in Boston, and U.S. District Court Judge Nancy Gertner, who will determine its quality. Yet the sentence of many aspects of the criminal justice be joining the HLS faculty recommended by the U.S. Attorney’s system, including its disparate impact in just a few weeks after 17 Office would keep him in prison long on racial minorities. As a professor years on the federal bench, is presiding after the kingpins are back on the of practice at HLS, Gertner, a prolific over the sentencing of a minor player street. writer who’s penned numerous in a New England heroin trafficking Back in court, she rules that the law review articles on sentencing, ring. There are dozens of cases on ambiguous phrase from the wiretap employment discrimination, and more, her docket, and she’s determined not must be construed in the defendant’s will share her experiences and insights to leave them unfinished when she favor, meaning a shorter sentence with students in courses on sentencing retires and heads to HLS. Yet Gertner— under the sentencing guidelines. After and other topics related to her career. unabashed feminist, outspoken liberal carefully explaining her decision, A graduate of Yale Law (where and author of a new book about her Gertner gives him 37 months in prison she became close to fellow student life, “In Defense of Women: Memoirs and recommends drug treatment, then Hillary Rodham), Gertner was one of of an Unrepentant Advocate” (Beacon adds, “Any other sentence would be very few women trial lawyers in the Press, 2011)—refuses to rush this grossly unfair.” early 1970s. In one of her first cases, morning. Not when five years of the Gertner’s thoughtful and outspoken she represented an anti-Vietnam defendant’s life hinge on whether approach to judging has been her War activist charged with felony the government interpreter correctly trademark (along with her red dresses murder in the death of a Boston translated a Spanish phrase caught on and suits) since President Bill Clinton police officer during a bank robbery. an FBI wiretap relating to the quantity named her to the federal bench in Gertner uses the case to describe of heroin the defendant controlled. 1994. As she relates in her book, her the political zeitgeist, including the She calls a brief recess. Back in her two decades as a defense attorney budding women’s movement and her chambers, Gertner—warm, down- in Boston, and as a self-described own beginnings as a girl from modest to-earth, her scarlet suit peeking out “revolutionary” and “radical lawyer,” circumstances who had argued politics from her robes—smiles but shakes laid the groundwork for her judgeship, with her beloved father at the family her head. “He was an addict tester!” which critics describe as “activist.” At dinner table in Flushing, N.Y. Although she says, referring to a peon in the the same time, those years redoubled her client, Susan Saxe, eventually heroin hierarchy who tries the drug to her belief in the inherent unfairness pleaded guilty, Gertner’s advocacy in

Harvard Law the First Day of students often to help students Making School Profes- Law School” with underperform see why law school sor and torts law co-author Barry because they don’t exams look the the Grade expert John C.P. Friedman (Aspen fully grasp what’s way they do, and Goldberg has Publishers, 2011). expected of them,” to explain what A PRIMER FOR 1LS written “Open “In my experi- says Goldberg. this means for how Book: Succeeding ence, even smart, “The motivation they should learn on Exams from hardworking law behind the book is and prepare.”

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02-19_HLB_Winter12_05.indd 8 11/11/11 4:42 PM the case launched her career. An Enduring Conversation She writes in detail about her representation of Clare Dalton, Carol Steiker ’86 reflects on the late an assistant professor at HLS William Stuntz’s summation of a BROKEN who sued the school for gender discrimination after it denied CRIMINAL JUSTICE SYSTEM her tenure (the case settled in 1993 when HLS agreed to fund a domestic violence program at Carol Steiker ’86 and Bill Stuntz had Northeastern University School of been discussing each other’s work long Law founded by Dalton). Gertner’s before they became colleagues on the memoir also discusses other HLS faculty. It began nearly 20 years ago high-profile sex discrimination when Stuntz, a professor at the University cases she handled, as well as a of Virginia School of Law and already a notorious murder case in which leading thinker about criminal justice, she employed a battered-woman commented on a paper that Steiker, a defense (the defendant was found young death penalty scholar and HLS guilty of manslaughter, which professor, had presented. This dialogue queried, ‘What did he mean here?’ I’d have Gertner viewed as success under intensifi ed when Stuntz joined the HLS to ask, ‘Bill, what did you mean there?’ the circumstances). faculty in 2000, and continued through his It kept him alive for me to engage so Gertner has more books in fi nal illness. Steiker says she and Stuntz actively and deeply with his manuscript, the works, among them a look at were friends and professional colleagues and to polish up a few footnotes or clarify judging in the 21st century, which of the fi rst order, who didn’t always agree, a sentence here or there.” she says involves little-recognized but who spent a lot of time discussing Stuntz had written many highly ac- issues including “the pressure each other’s ideas. Even after his death in claimed scholarly articles and casebooks to duck, evade, avoid making a March at age 52 of cancer, for Steiker, the on criminal law and procedure, but this decision, to dismiss cases rather dialogue continues. is his only book for a general audience. In than engage with cases.” This In January, Stuntz completed his it, he argues that over the course of the inclination among judges to avoid book “The Collapse of American Criminal late 20th century, the American criminal controversy, she believes, is “the Justice” and turned the manuscript in justice system unraveled, upending the reverse of the activist debate.” to Harvard University Press. After her rule of law and resulting in skyrocketing She also wants to write another friend’s death, Steiker, along with their levels of incarceration, the discriminatory memoir, focused on an alleged HLS colleague Michael Klarman and overrepresentation of blacks as both sus- gang member whom she famously Daniel Richman of Columbia Law School, pects and victims, and the rise of prosecu- befriended when he appeared shepherded the book through its fi nal torial discretion, which has replaced legal before her in court, sentencing stages of production. doctrine and jury verdicts as the arbiter him lightly but ordering him to “It felt like a continued conversa- of criminal justice outcomes. Through a report to her after he was released tion with Bill,” says Steiker. “If an editor closely observed study of the history of from prison. Despite her efforts to

help him, he was “executed on the Professor Bill Stuntz at a streets of Boston” in a gang war, conference at HLS in March celebrating his career she says, and she’s determined MARTHA STEWART “to find out how and why he was killed.” Coming to HLS provides Gertner the opportunity for a “new adventure,” she says. “I love to teach, and I have regarded talking to juries as teaching, judging as teaching. ... I’m really looking forward to this.” —Elaine McArdle

Watch McArdle’s interview with Gertner at hvrd.me/gertnervideo.

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crime and punishment in the United who deeply understood the Su- States—from bar fi ghts, to Prohibi- preme Court’s and the lower courts’ From Medical Tourism tion, to the vicious legacy of lynch- roles in developing legal doctrine ings—Stuntz explores the roots and how those doctrines shaped in- to the System of the of this dilemma. The solutions he stitutions. “He brought his disparate proposes are “decentralization, local approaches together in a unique Constitution democracy, and last but not least— voice, free of jargon,” she says. “In money”: Local communities should fact, he was a great storyteller.” He A glimpse into have more control over the exercise also crossed the “substance/proce- of justice in their neighborhoods. dure line.” While people in the acad- new research by There should be more jury trials, emy often think of criminal scholars 5 HLS FACULTY and the juries should be composed as either substantive criminal law of the defendant’s true peers. And or criminal procedure experts, she “local governments should pay more says, “Bill not only wrote about both for the prison beds they use,” creat- but also showed people how they af- ing an incentive to decrease guilty fect each other and are inextricably verdicts and increase investment intertwined.” in effective community policing. At the center of the book—and Steiker says, “He came to feel that this is a point upon which Steiker the solutions lay less in law than continues to imagine a debate with in the structure of the institutions her friend—is a critique of the War- through which law is mediated; he ren Court’s emphasis on criminal put his greatest hope in the greater procedure rather than the sub- democratization of criminal justice.” stance of criminal justice outcomes, What has always been so resulting in the underdefended attractive about Stuntz’s scholar- poor’s inability to benefi t from rules ship, says Steiker, is that he was an intended to protect them. “But he independent thinker who can’t be eschews the traditional right-wing pigeonholed. And one of the things arguments against the ‘soft-on- Global justice, medical tourism and she loves about his last book is the crime’ Warren Court,” says Steiker. the cruel ironies of care way it “marries different scholarly “In fact, he sort of ‘out-lefties’ the Assistant Professor I. Glenn Cohen ’03 approaches.” Stuntz, she says, was left by criticizing the Warren Court very attuned to public choice argu- for failing poor minority defendants “Medical tourism—the travel of ments that looked at the incentives in particular.” patients who are residents of one country of public actors in institutional Steiker notes that despite (the ‘home country’) to another country settings. But he was also very drawn Stuntz’s passionate yet clearsighted for medical treatment (the ‘destination to history and loved to look back condemnation of the criminal country’)—represents a growing and “and in a fi ne-grained way observe justice system, which he calls “an important business. For example … in the past and its profound difference arbitrary, punitive and discrimina- 2005, Bumrungrad International Hospital from the present.” tory beast,” there are no ultimate in Bangkok, Thailand, alone saw 400,000 Steiker says that Stuntz was also villains, neither liberal nor conserva- foreign patients, 55,000 of whom were “a very sophisticated doctrinalist,” tive. He describes a system, she says, American (although these numbers are that is the product of limited human contested). By offering surgeries such understanding of very complex as hip and heart valve replacements This fall, Carol Steiker institutions—an example of the at savings of more than eighty percent received the Henry J. Friendly unintended consequences he loved from that which one would pay out of Professorship, which had been to point out. Ultimately, it strikes pocket in the United States, medical held by William Stuntz. In 2012, her that the book is imbued with tourism has enabled underinsured and Cambridge University Press will Stuntz’s basic decency, his concern uninsured Americans to secure otherwise publish “The Political Heart of for the poor and the oppressed, unaffordable health care. … Criminal Procedure: Essays on Themes of William J. Stuntz,” and the sense that “only those who “While the growth of medical tourism edited by Steiker, Michael really understand the suffering that has represented a boon (although not Klarman and David Skeel. both crime and punishment entail an unqualified one) for U.S. patients, should judge.” —Emily Newburger what about the interests of those in the

10 harvard law bulletin winter 2012 Illustrations by andy martin

02-19_HLB_Winter12_05.indd 10 11/11/11 4:43 PM destination countries? From their encountered discoveries with far- perspective, medical tourism presents reaching implications for law and a host of cruel ironies. Vast medico- legal theory. Indeed, while economists, industrial complexes replete with lawmakers, and legal theorists were the newest expensive technologies to embracing the rational actor model provide comparatively wealthy medical (or the law’s reasonable person tourists hip replacements and facelifts norm) in the late 20th century, social coexist with large swaths of the psychology, social cognition, cognitive population dying from malaria, AIDS, neuroscience, and other mind sciences and lack of basic sanitation and clean were demonstrating its flaws. … water. … “More specifically, researchers “How likely is medical tourism to amassed a sizable and still burgeoning produce negative consequences on body of evidence showing that the The role of international law in health care access in less developed commonsense presumption that a constitutional interpretation countries? If those effects occur, does person’s behavior is the product of Professor Vicki C. Jackson the United States (or other Western stable preferences ... was based on an countries or international bodies) have illusion or ‘attribution error.’ More “Should the United States an obligation to discourage or regulate than people’s disposition and conscious seek to bring its constitutional medical tourism to try to prevent decision-making, mind scientists law into harmony with that of a such consequences? How might demonstrated that people’s situation— transnational community of nations? governments do so? that is, hard-to-see forces within Should it resist efforts to do so as a “I examine those questions in this us (such as knowledge structures, matter of first principle, rejecting article, the first in-depth treatment subconscious motives, and implicit even the consideration of foreign or in the literature focusing on the associations) and nonsalient forces international sources as bearing on normative question of home countries’ outside of us—is shaping behavior and constitutional meaning? The first obligations.” outcomes. The mind sciences turned approach, a convergence posture, risks commonsense legal theory on its head ignoring the singular and long history From “Medical Tourism, Access to Health by recognizing ideology—construed of the U.S. Constitution; the second, a Care, and Global Justice,” 52 Virginia Journal broadly to include numerous internal posture of general resistance, would of International Law (November 2011) influences outside the norm of deny to our judges the many benefits of Read the entire article at http://ssrn.com/ reasoning—as foundational to human considering foreign and international abstract=1926880. behavior and ‘reasoning’ as a potential law arising from constitutions, Cohen is co-director of the Petrie- façade behind which ideology operates. treaties, and human rights instruments Flom Center for Health Law Policy, “Looking back just a decade or to which the United States has Biotechnology, and Bioethics at HLS. two, we appear to be in the midst of contributed. Engagement offers a fundamental shift in the direction important insights for constitutional and trajectory of legal theory and the adjudication, both from a deliberative A sea change in legal theory law itself. It is as if the legal world perspective concerned with improving Professor Jon D. Hanson had been operating on geocentric the decision-making of the U.S. assumptions and has only now begun Supreme Court, and from a relational “As legal academics began to to confront the heliocentric discoveries perspective in accommodating and explore new fields, they soon of modern astronomy. In projects mediating the developing relationships ranging from modest to enormous in among and between constitutional and scope, legal theorists are increasingly supranational legal systems. attempting to grapple with a new way “[T]he U.S. Court and its justices of understanding the world.” have been involved in deliberative engagements with foreign and From the introduction to “Ideology, international law episodically over Psychology, and Law,” edited by Hanson the course of our constitutional (Oxford University Press, November 2011) history, and in many of our most Hanson directs the Project on Law and important constitutional decisions. Mind Sciences at HLS and edits the award- It is thus emphatically not ‘foreign winning blog The Situationist. to our Constitution’ to engage with the constitutional approaches of

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other nations. And there is more by the briefs and oral arguments reason in the twenty-first century to of the advocates and by the papers look to outside sources as an aid to documenting the internal deliberations interpretation than in the past, both of the Justices in those cases, the because there are more transnational government’s ‘perfect record’ came legal resources that bear on problems at a significant cost: the Solicitor of constitutional interpretation in General abandoned lower court the United States and because the arguments and offered concessions legitimacy of national states in the about NEPA’s requirements. The international community depends Court’s rulings consequently frequently more than in the past on their included language favorable arrangements that result from adherence to transnational norms of to environmentalists in future the interaction of their individual democracy, the rule of law, and the litigation. Indeed, in some instances, members. So there are always two protection of individual rights.” the NEPA plaintiffs won more than levels of aggregation in the picture: they lost. Second, the NEPA cases from individuals to institutions, From “Constitutional Engagement in a underscore the difference that skilled and from institutions to an overall Transnational Era,” Chapter 4, P. 103 (Oxford advocacy makes on either side of the constitutional order. I use the term University Press, 2010) lectern: by the advocates before the systems to designate such aggregates, Jackson is a renowned contributor to the Court and by the Justices during the whose properties are determined by field of comparative constitutional law. Court’s own internal deliberations. the interaction of their components; The significance of a Court opinion those components may themselves turns on the particular wording of its be institutions as well as individuals. A more nuanced story reasoning far more than on whether it Hence constitutional orders are Professor Richard J. Lazarus ’79 ends with an ‘affirmed’ or ‘reversed.’ aggregates of aggregates—nested And the better advocates before and systems of systems. “The Supreme Court has within the Court are exceedingly “These ideas draw upon a loosely decided 17 cases arising under the effective at shaping that reasoning. In related family of approaches called National Environmental Policy Act NEPA cases, the Solicitor General has systems theory, variants of which can be (NEPA) and the government has not generally outlitigated NEPA plaintiffs found in fields as distant as computer only won every case, but won them and within the Court, no Justice was science, biology, engineering, sociology, almost all unanimously. Commentators more influential than Justice, later management, and organization routinely cite the drubbing that Chief Justice William Rehnquist.” theory. Political scientists have made environmentalists have received in some use of systems theory, but legal NEPA cases as evidence of the Court’s From an article tentatively titled “The applications are few and far between. hostility toward environmental law National Environmental Policy Act in the U.S. A premise of the book is that systems and environmentalism. But a close Supreme Court: A Reappraisal and a Peek theory, interpreted in pragmatic terms, look at the cases, extending beyond Behind the Curtains” is a natural and fitting tool for legal what appears in the U.S. Reports, Lazarus, a preeminent expert in theory in general and constitutional suggests a very different and more environmental law and Supreme Court theory in particular. Because legal nuanced story. First, as revealed litigation, has argued 40 cases before the systems arise from the interaction Court. of institutions, which themselves arise in turn from the interaction of individuals, systems theory asks A system of systems questions from which legal and Professor Adrian Vermeule ’93 constitutional theory can profit.”

“This book attempts to trace From the introduction to “The System of out the ultimate implications of a single the Constitution” (Oxford University Press, premise: any complex constitutional forthcoming December 2011) order, including our own, is best Vermeule, a leading public law scholar, understood as a system of systems. recently co-wrote “The Executive Constitutional analysis examines Unbound” with Eric Posner ’91 (Oxford the interaction among institutions, University Press, 2011). which are themselves equilibrium

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A Shared Vision The growth of a friendship AND A PROFESSIONAL COLLABORATION born at HLS

Marissa Vahlsing ’11 and Ben Hoffman ’11 in Peru, where they are setting up an ofﬁ ce of EarthRights International

It’s hard to remember Ben Hoffman and Marissa This fall, along with “We were going anyway,” now what she said. But Vahlsing started Harvard the rest of the Class of she said. “Now we’ll have the it was vintage Marissa— Law School: side by side. 2011, Marissa and Ben money to eat.” something others would not Three years later, they have headed out into the have thought, or had the graduated the same way. world to make their way. In high school, courage to say. She raised “The joke is that Ben has Specifically, they’re working Marissa wanted to be a her hand in the first week become more like Marissa, in Peru, helping EarthRights potter. Or maybe a writer. of law school, and spoke her and Marissa has become International set up an Then one day, talking to mind. more like Ben, and they’re office to support indigenous an activist on a banana Right away, Ben wanted starting to blur into the communities in the fight to plantation in Costa Rica, she to be her friend. He flagged same person,” said Susan protect their land. asked what he needed most. her down on the crosswalk Farbstein ’04, associate When Marissa heard A lawyer, he said. after class. He asked if she clinical director of the they had received funding Marissa was not the most wanted to bat around some Human Rights Program, a for the project, she could not conventional candidate for ideas. And that was how mentor and teacher to both. stop smiling. the profession. Waiting to

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from the massachusetts supreme judicial court interview for the prestigious competed. But early on, A ruling in August against lenders in Bank of New York Truman Scholarship, a Ben and Marissa made the v. Bailey agreed with Harvard Legal Aid Bureau student leadership award that would decision to work together. jennifer tarr ’11, who argued the case last fall, as noted help her pay for studies at They bounced ideas off in the Summer Bulletin. In a 6-0 ruling, which has been HLS, she walked the hallway each other, borrowed styles called pivotal, the state’s high court found that lenders in bare feet, a peacock from each other, and three trying to evict people after foreclosure carry the burden feather she found in India years later, emerged better of proving the foreclosure was valid. It also held that the tucked into her pocket for lawyers for it. state housing court has jurisdiction to hear a challenge to luck. Marissa took on some an already completed foreclosure when the challenge is “Everyone else thought, of Ben’s level-headed brought in an eviction case. This girl, she’s never going calculation. Ben took on “I was incredibly excited when I heard about the to win,” Marissa said. some of Marissa’s emotional decision,” said Tarr, which she describes as the result of Then, in a surprise to no intensity. Friends admired months of collaboration with other members of the Legal one who knew her, she did. the way they worked—the Aid Bureau, the legal services community across the state, discipline, the creativity, the City Life/Vida Urbana and her client. When Ben graduated vision. “One of the main focuses of my time at HLAB was high school, he delivered the “They’re the Siegfried ﬁ ghting for former homeowners to make sure that the valedictory speech entirely and Roy of human rights bank seeking to evict them actually did own their home,” in rhyme. law,” said Stephen added Tarr, who is now working at the Environmental Law It was about tolerance Cha-Kim ’11. & Policy Center in Chicago. “I’m hopeful that the case will and kindness and making The dream for Ben and make a difference in the legal services community’s abil- the world a better place; in Marissa is that one day ity to protect homeowners like my former clients from prose it would have been they’ll start a nonprofit sloppy foreclosure practices.” a very good speech. But organization together. Their the rhyme made it Ben. It mentor, Tyler Giannini, from the u.s. court of appeals for the 7th circuit became the stuff of lore clinical director of HRP, A ruling in July by Judge Richard Posner ’62 cited an article among his friends at HLS. co-founded EarthRights written by Ryan Park ’10 when he was a law student on Ben is known for his silly International with a woman proving genocidal intent in international law. Posner was streak; he’s the kind of man he sat beside in Torts class. ruling on the appeal of a class action brought on behalf who will moonwalk with “If you’re going to do of children who worked in Firestone Natural Rubber Co.’s the 5-year-old daughter of community lawyering, Liberian plants. a professor in the halls of friendships like Ben and Park, who is clerking for Judge Robert Katzmann on HLS. But as the grandson of Marissa have are essential the 2nd Circuit, described his reaction when he learned labor leaders and Holocaust to the work,” Giannini said. his article—which began as a paper he wrote as an intern survivors, he has always “That support system is in Cambodia—had been cited: “After the initial ebulli- focused his mind on how to critical.” tion ... there was, to be honest, a tense period of about help. This year in Peru, 30 minutes while I closely parsed Judge Posner’s opinion “If I can make my family Marissa and Ben will face a with my heart in my stomach, trying to gather its import proud, I know I’ve done sharp learning curve. Ben and implications.” something right,” he said. will have to cope with people Posner agreed with the lower court decision to dismiss who care less than he does. the case, but he found that the law supports corporations Right from the start, Marissa will have to keep being held liable under the Alien Tort Statute. Ben and Marissa made HRP her emotions in check. There “In retrospect,” said Park, “I guess I was worried that their home. She traveled are so many unknowns. my work had been used to further a purpose with which to Bolivia to work with But after three years, I disagreed, though the reality was quite the contrary. I indigenous communities on it’s become habit now, think the opinion, in addition to being characteristically an Alien Tort Statute case. one friend looking after brilliant, offers the most cogent ... argument in support of He wrote amicus curiae the other. No matter what corporate ATS liability of which I am aware.” briefs to the U.S. Supreme happens, they always do. In October, the Supreme Court granted cert on another Court about corporate —Cara Solomon corporate ATS case, and its decision is expected to resolve liability for human rights a split on this issue in the lower courts. The HLS Interna- violations in Sudan. Solomon is the communications tional Human Rights Clinic ﬁ led amicus briefs in the Given their common coordinator for the HLS Human SCOTUS and 7th Circuit cases. Park, along with clinic fac- interests, they could have Rights Program. ulty and students, will be watching.

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From Truth to Justice Giving human rights scholarship REAL-WORLD IMPACT

Thirty-five years ago, the meaning of provisions in after majoring in the International Covenant mathematics at Harvard on Civil and Political and receiving a Ph.D. in the Rights, in the context of same subject from MIT, HLS the current state of human Professor Gerald Neuman rights and international ’80 switched from the field law; and by reviewing cases of math to the field of law— where someone’s rights from “truth to justice,” he were allegedly violated—a said in an interview in his defendant who has been office in Griswold Hall. That tortured into confessing decision has led to a career a crime, for instance, or a of teaching and writing family trying to find justice on international human for a “disappeared” person. rights law and comparative The committee publishes constitutional law, and to his its findings and reports election last fall to the U.N.’s them annually to the U.N. Human Rights Committee, General Assembly. Neuman a body of 18 independent calls the work “amazingly experts who assess and interesting and extremely critique countries’ records intense,” involving people on civil and political from all over the world Gerald Neuman rights. About that long-ago and with all kinds of work serves on the U.N.’s decision, Neuman says, backgrounds—some are Human Rights “As a mathematician, I sitting judges, some have Committee. couldn’t describe to my had diplomatic careers, friends what it was that I some have worked in NGOs, was doing, because even and many, like Neuman, for Guantánamo detainees in or doing the work of the to understand what I was are academics. “We bring 2004 and 2008. Those briefs, Human Rights Committee: studying required extensive a variety of different Neuman explains, grew out In human rights work, the training in mathematics. skills to the work, which of two separate strands of job is not just to improve Whereas in law, we have is important, because in his work: an examination practices around the world, some complex concepts that everything we do, the of the extraterritorial but also to make sure that we use sometimes, but we question of how human application of constitutional countries don’t backslide. are fundamentally dealing rights can be made effective rights, including the rights “When states come under with matters of human life in the real world is a very of Haitian refugees housed financial pressures, that everyone can take an important consideration,” at Guantánamo during pressures of war or civil interest in.” he says. the 1990s, and his study of disorder or climate change, Three times a year, in Neuman’s nomination the habeas corpus rights even in societies that once three-week sessions in to the Human Rights of foreign nationals in the had a fairly high standard either Geneva or New York, Committee originated in the immigration process. of compliance with human the committee takes on State Department, and was One thing that Neuman rights, [things] can unravel matters of human life by based on his long history of has realized throughout his fairly easily. … It’s a constant examining the human rights scholarship and advocacy career, whether arguing that struggle to keep the world as records of several different on human rights issues, the rights of Guantánamo good as it was yesterday.” countries; by elaborating on including amicus briefs filed detainees are being violated —Katie Bacon

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Nothing Ventured, Nothing Gained An Israeli fosters West Bank ENTREPRENEURSHIP

Daniel Doktori ’13 Kaufmann opened Daniel Doktori ’13 and Yadin knew he wanted to Sadara Ventures with Kaufmann ’84 in Israel work in the venture Saed Nashef, a Palestinian capital field during software entrepreneur, his first summer in April, after they raised $28.7 million from backers in law school; an including Google, Cisco interest in “emerging Systems, the European companies practice” Union’s investment bank had brought him to and George Soros. They HLS. Thanks to a expect to make their first connection he made investment before the end of the year. after consulting the Kaufmann says alumni the idea for Sadara HLS database came to him as he got CONNECT HLS to know Palestinian Connect, entrepreneurs in the Doktori software industry. Their hlsconnect.com “creative energy, drive got both and entrepreneurship” the exposure he impressed him and was seeking and reminded him of what the opportunity to he’d seen in the Israeli contribute to what he entrepreneurial sees as a “visionary scene when AN INTERNSHIP WITH Palestinians, to to Ramallah to meet with he joined THE FIRST V.C. FUND have a dynamic Palestinian entrepreneurs project.” After Israel’s first entrepreneurial and sit in on their pitches reaching out to Israeli AIMED AT PALESTINIAN venture capital HIGH-TECH STARTUPS sector that can to venture capitalists. “Just venture capitalist fund in 1987. help pull the to see how one group of YIELDS HIGH RETURNS Yadin Kaufmann ’84, In addition whole economy entrepreneurs did that was he spent the summer to a good forward.” exciting,” he says. in Israel and the West investment, he recognized Doktori believes that Before coming to law an opportunity that Kaufmann and Nashef “are school, Doktori headed Bank working on the could have far-reaching on the verge of something the New York State first fund aimed at repercussions. big” and says the internship Governor’s Task Force on investing exclusively “It’s a win-win,” he says. was a fantastic experience. Industry-Higher Education in Palestinian high- “I’m a believer that economic His involvement included Partnerships, and drawing tech startups. growth and prosperity and a substantive analysis of on his experience, he opportunity create hope and Palestinian law affecting also worked with Birzeit give people a stake in their venture capital investment University in Ramallah future. As an Israeli living and a report recommending assisting efforts to promote in the region, it’s in my changes. He also helped to entrepreneurship on interest that our neighbors think about how to structure campus. have that kind of hope. So I the companies once the Doktori had vacationed in think it’s good for Israelis, investments were made. Israel (his father is Israeli), and it’s certainly good for In addition, he traveled but he had never visited

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the West Bank; in fact, his Israeli relatives had some trepidation about his doing so. But he was delighted by Ramallah, “a cosmopolitan city with a significantly educated population,” where he saw for himself a wealth of talent and opportunity in an untapped market, which he says is the basis for the new fund. Kaufmann has high praise for Doktori, saying that his work will be part of a process of getting some important changes made over time: “You want to make sure the intern is having a good and iLaw: The Next Generation meaningful experience also, and that requires INTERDISCIPLINARY COLLABORATION investment. But Daniel took the initiative. … I think he’ll focuses on freedom, power, control, make a real contribution, security, openness and democracy maybe even to the development of the industry here [in the Middle East].” Last year, during Admitted Students company and foundation representatives, Kaufmann says it was Weekend, Professor Jonathan Zittrain ’95 technologists, activists and policymakers. Harvard ties that first was slated to give a talk on cyberlaw. For Participants hailed from Kenya, Egypt, helped him to make his start Ona Balkus ’13, the topic was not high Italy, Japan, Switzerland and Brazil. All in Israel. After he graduated on her list. Yet she was surprised to fi nd told, there were about 200 attendees. from HLS, feeling the draw that this presentation “ended up being With its rich mix of lectures, panels of Zionism, he wanted to go the session that I went home and told and lively class discussions—facilitated to Israel to see if he could my family about and that got me really by electronic question tools and a Twitter “do something meaningful.” excited about starting law school,” says feed—iLaw felt like a band of swaggering Professor Alan Dershowitz, Balkus. This year, when the school offered explorers surveying an untamed frontier. he recalls, introduced him to iLaw, a crash course on cyberspace, she In his kickoff lecture offering a history of Aharon Barak, then a justice registered. cyberlaw, Zittrain contrasted the quaint on the Israeli Supreme iLaw: Internet Technology, Law, and concerns of the Net’s early days—exem- Court, who offered him a Policy, an intensive, four-day, presemester plifi ed by lawyerly email policies for busi- clerkship. course run in September by Harvard’s nesses—with today’s focus on freedom, Although at the time Berkman Center for Internet & Society, power, control, security, openness and Kaufmann wasn’t sure it drew an unusual mix of students and democracy. Professor Lawrence Lessig was a permanent move, he professionals. About three-quarters of tied his theory of cyberspace, in which stayed on, and he agrees the students were from HLS, but there the Internet is infl uenced by law, norms, that Sadara Ventures is part were also engineering students, policy architecture and the market, to threats of that meaningful work he students from the Kennedy School, and a to intellectual freedom by a political was seeking. few from Stanford and MIT. The profes- system beholden not to the people, but —Emily Newburger sionals included academics, lawyers, to its corporate funders. Professor Yochai

Illustration by justin renteria winter 2012 harvard law bulletin 17

02-19_HLB_Winter12_05.indd 17 11/11/11 4:44 PM OUTSIDE THE CLASSROOM

Benkler ’94 championed a glob- ally decentralized, open Internet Stand Up for Their Rights against self-serving political and corporate forces. Professor John Representing Palfrey ’01 presented empirical prisoners and TRAINING research documenting Internet access constraints, censorship, and LAWYERS for 40 years surveillance around the world, and moderated a discussion about the Arab Spring. Along the way, telling Students in the HLS Prison Legal Internet moments were up for con- Assistance Project are a fiercely sideration, including authoritarian passionate, tightknit community, who crackdowns on subversive bloggers, host “plappy hours” when not driving video mashups versus copyright together in Zipcars to Massachusetts law, and the role of Internet sati- rists in the Tunisian revolution. prisons and jails to represent inmates iLaw attendee Justin Tres- charged with disciplinary violations nowski ’13 says he feels inspired to or up for parole. Through PLAP, take more courses in law and the one of 13 HLS student practice Internet. “I’m interested in how you organizations, students begin learning balance the openness and potential advocacy skills as 1Ls, handling for creative production with the security threats that come with cases for a population that often has openness,” he says. nowhere else to turn. Annmarie Levins, an associate Last year PLAP received 1,051 general counsel for Microsoft, was requests for assistance from inmates fascinated by Internet-spawned in Massachusetts, and collect calls innovations and experiments. from prisons all over the country. These include digital humanities, an approach to scholarship that Under the supervision of John encourages cross-disciplinary Fitzpatrick ’87, a Cambridge attorney, collaboration, and extraMUROS, PLAP students put in 3,718 hours of an open-source tool that will pro bono work, including handling power the Digital Public Library of 40 disciplinary hearings, five parole America, an ambitious Berkman hearings and two classification initiative. When iLaw was fi rst offered in hearings (which determine the facility 2001, it was aimed at profession- and security level at which an inmate als and practitioners, like Levins, will do his or her time). Students and was held biannually in spots also staff the inmate hotline, answer around the globe. According to inmate letters, and send information Urs Gasser LL.M. ’03, the Berkman about self-representation to out-of- Center’s executive director, the new seminar refl ects changes in state and many other clients they can’t the fi eld: “Thematically, things take. have changed and developed over Created in 1971, PLAP may be the the years, which has to do with the only law school organization in the Berkman Center being even more country to handle such a wide variety interdisciplinary than six, seven, of inmate needs. It also plays a unique eight years ago. But also, because the fi eld is more mature, ‘Internet role in the lives of HLS students, as studies’ means something different the following reflections indicate. than 10 years ago.” —Jeri Zeder —Elaine McArdle

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02-19_HLB_Winter12_05.indd 18 11/11/11 4:44 PM “PLAP was such an important part of my time at away confident that their interests Harvard Law School. I was not a were well-represented.” terribly happy 1L, maybe because philip silva, director of the Central at that time the classes were so big Inmate Disciplinary Unit at the and there were few choices. When Massachusetts Department of I went into law school, I knew Correction. PLAP students recently I wanted to litigate and be in a collaborated with the Massachusetts courtroom, but there were not that DOC to revise inmate disciplinary many opportunities. … I found that regulations, resulting in what the DOC PLAP was the one place where you says is now a more fair and neutral could learn about trials, mediation, process. and evidence and use those skills in an administrative setting where “For prisoners, having the prisoners would have almost somebody talk to them with respect no ability to defend themselves. is huge, and that is something I The group of students were very found very rewarding.” engaged and fun, and, to be honest, stephanie young ’11, who joined the last remaining leather-jacket PLAP as a 1L and is continuing her wearers on campus. It became work this year as a fellow at Prisoners’ a home for those two years and Legal Services in Boston helped me have the confidence for my first job at the Department of Justice.” “It’s a challenging and juliette kayyem ’95, national security uniquely gratifying population to and foreign policy columnist for The serve. … These are folks no one else Boston Globe and lecturer in public wants to represent. They are among policy at Harvard’s Kennedy School the most damned in our society, of Government, who served under large numbers of whom suffer from President Obama as assistant secretary cognitive deficits such as mental for Intergovernmental Affairs at the retardation, learning and other Department of Homeland Security impairments; who suffer from a significantly higher proportion of mental illness; and who also often— “The hearings officer almost always—are cut off from sitting as judge is a former guard, their families.” the opposing witnesses are john fitzpatrick ’87, PLAP alumnus current guards, and your client is and supervising attorney a convicted felon. You’ll never face a more hostile, difficult-to-win situation anywhere. The odds are “I’ve learned a ton of skills stacked against you. It’s been a in terms of how to advocate for really great opportunity to work someone in an administrative with people who absolutely need setting. I’m hoping to do legal our help, who really have nowhere aid after I graduate, and that’s a else to turn. It’s probably the most skill you need. It also gives you fulfilling work I’ve done in law the experience of learning how to school.” communicate with people from benjamin holtzman ’12, PLAP co- different places and backgrounds. executive director … And I feel like we are fighting for justice.” rajan sonik ’12, PLAP co-executive “[The students] come well- director prepared, having reviewed relevant documents for their oral arguments before the disciplinary hearings officer. For those inmates seeking such representation, they walk winter 2012 harvard law bulletin 19

02-19_HLB_Winter12_05.indd 19 11/14/11 11:02 AM HLSA news

RECENT GRADUATES COUNCIL LAURA MUTTERPERL ’02 Senior Director, Associate General Counsel of Creating Connections for Young Alumni Starwood Hotels & Resorts Worldwide Inc. hls in-house counsel network When he was in law school, T. J. Duane ’02 set up HL Central, to make it easier for fellow students to “There is a great void when attorneys leave law network and socialize. More than a decade later, firms and go in-house,” says Mutterperl, who he wanted to do something similar for young herself is a former associate at Kirkland & Ellis. alumni. In response, the Harvard Law School Laura Mutterperl ’02 The group she has created in response “provides Alumni Association formed the Recent Graduates HLS alumni with a platform to meet others in Council, the latest in a series of shared interest the industry encountering similar issues, share alumni groups, and a complement to the online ideas and resources, and develop relationships directory and networking services available at the across companies.” So far, this fall they have school’s site HLS Connect. held panel discussions, in New York and LA, on In January 2011, after Duane put out a call to transitioning from a law firm and building your young alumni to submit proposals, they came career in-house. ﬂ ooding in. The council now includes more than 40 volunteers living and working around the country. Wade Ackerman ’04 WADE ACKERMAN ’04 Some of these alumni are helping to shape region- Associate Chief Counsel for Drugs, U.S. Food & Drug al networking groups. Others are using tools such Administration as Google Docs, LinkedIn, and teleconferencing to health careers connect alumni in different locations to trade stories, ask for and give advice, and learn more about “Getting your head around the vast array of particular types of practice. Highlighted on these options” in the space of health-related careers— pages are just a few of the alumni volunteers and from the private sector to government to NGOs— the groups they’ve helped to shape. For more can seem almost impossible, says Ackerman. information on the Recent Graduates Council or to David Pearl ’08 He hopes his group can help by offering ﬁ nd the group that best suits your needs, contact information-sharing and ideally networking [email protected]. opportunities within the field. In October they hosted a teleconference call with alumni from around the world.

DAVID PEARL ’08 Associate, Antitrust & Competition Law Group, Jones Day John Snyder ’02 washington, d.c., “mystery dinners”

“One of my initial hopes in planning this initiative was that it would be a way to connect younger alumni with some of our more prominent alums in the area, and I’m happy to say that that wish has come true,” says Pearl, Laura Mutterperl ’02 and T. J. Duane who came up with the idea for dinners that bring ’02 at an HLS In-House Counsel together a randomly assigned cross-section of Network event in Melanie Howard ’01 eight to 10 HLS alumni, held at hosts’ homes or at New York City restaurants. “We’ve got a federal judge, partners from major law firms and heads of some of the federal agencies hosting or attending dinners For more events planned by Recent Graduates Council in the coming months. 1600 Pennsylvania Ave. volunteers as well as events planned by other shared has so far not been returning my calls, but maybe President Obama reads the Harvard Law interest group organizers, go to HLSA.org. Bulletin.”

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20-21_HLB_Winter12_05_r1.indd 20 11/15/11 5:29 PM CONNECTIVITY | How to stay in touch with HLS

HLS CONNECT Share your expertise with students and other JOHN SNYDER ’02 grads through the online advising network. You can also take HLS John H. Snyder PLLC advantage of the online directory and get access to job data- CONNECT hls solo and boutique law firm network bases in the public and private sectors: hlsconnect.com.

“It’s a daunting thing to start your own firm, but CLASS NOTES Submit your news for the Harvard Law Bulletin CLASS what’s been really valuable to me is knowing other to www.bit.ly/sendyournews. NOTES small-firm lawyers. It’s a support network of like- minded entrepreneurial lawyers,” says Snyder. FACEBOOK Get your news from campus at http://www. “You can really figure out what niche you want facebook.com/harvardlaw and follow HLSA events around the and exactly what it is you want to do. It doesn’t world at www.facebook.com/hlsalumni. take that many clients to have a thriving practice and a fun, interesting, rewarding career.” TWITTER Receive HLSA event announcements by signing up at http://twitter.com/hlsa. MELANIE HOWARD ’01 Associate, Loeb & Loeb microfinance careers HLS information is at your fingertips, “The field of microfinance presents great through the HLS opportunity for lawyers in terms of volunteer app, available for positions as well as career alternatives,” says iPhone, Android Howard, an intellectual property attorney who and BlackBerry. The Alumni tab of- helped create one of the first microfinance fers information on curriculums taught at law school when she was Reunions, and the on the faculty at Pepperdine University School of News tab provides Law. “In many developing nations—as in the U.S.— HLS stories and the laws concerning the operation of microfinance tweets from across the university and institutions are still being developed. There is HLS. A directory opportunity for lawyers with a passion for this of faculty members type of work to have great impact.” and a list of newly published books Other shared interest groups in the works include: by HLS alumni CALENDAR and professors are • HLS New Parents Group available under the • Middle East International Nov. 8, 2011 April 20-22, 2012 More tab. The app hlsa of new jersey spring reunions can be downloaded • HLS Public Defense Network 55th annual weekend • HLS International Affairs and Human Rights Network vanderbilt lecture: Classes of 1982, 1987, from any web or • HLS Gives Back In Brown’s Wake: 1992, 1997, 2002, 2007 mobile browser at Legacies of America’s Harvard Law School road.ie/hls. • “Real Life Lawyers” skills series Educational Landmark • Environmental Law Network Dean Martha Minow April 20-21, 2012 • HLS Private Public Interest Firm & Nonprofit Network West Orange, N.J. hlsa spring meeting • The Harvard Law School International Justice Harvard Law School Nov. 29, 2011 Assistance Network hlsa of d.c. reception Sept. 28-29, 2012 • HLSA Mentoring Initiative and discussion latino alumni reunion In Celebration of the Harvard Law School HLSA 125th Anniversary REGIONAL GROUPS INCLUDE: Dean Martha Minow Oct. 26-28, 2012 and U.S. Supreme Court fall reunions Justice Elena Kagan ’86 weekend Atlanta Los Angeles Washington, D.C. Classes of 1952, 1957, 1962, 1967, 1972, 1977 Boston Miami March 2012 and Emeritus Club Cleveland Michigan hlsa of arabia Harvard Law School inaugural dinner Dallas New York Doha, Qatar Florida Raleigh Indianapolis San Francisco l For the latest HLSA events, go to: www.hlsa.org

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20-21_HLB_Winter12_05.indd 21 11/11/11 5:42 PM 22 harvard law bulletin winter 2012

22-47_HLB_Winter12_05_r1.indd 22 11/15/11 2:59 PM DOUBLE Strength

The connection between Harvard Law School and the policy world of Washington, D.C., has historically been strong, with some faculty taking leave to work in A new collaboration Washington and others coming between HLS and to teach at HLS after working in Brookings takes on government first. security issues But this fall it was bolstered and formalized by the by katie bacon inauguration of the Harvard Law School-Brookings Project on Law and Security—a collaboration that seeks to pair the academic expertise of HLS professors on issues of national and international security with the policy expertise and access of the

Illustration by david pohl winter 2012 harvard law bulletin 23

22-47_HLB_Winter12_05_r1.indd 23 11/15/11 3:00 PM One of the program’s first projects is looking at the future of weaponry—from drones to nanobots.

Brookings Institution in D.C. The project—which was for terrorist groups to finance themselves; weapons launched in September with an inaugural conference proliferate through transnational crime networks. —is directed by HLS Professor Gabriella Blum LL.M. “When you look at it this way,” Blum says, “you ’01 S.J.D. ’03 and Benjamin Wittes, a senior fellow in understand you need experience in constitutional law, governance studies at Brookings. They envision that in foreign relations, in criminal law, in human rights most of its work will be written, whether blog posts, law, in religion and in technology. And you realize that op-eds, law review articles, papers, reports or books, the HLS faculty can contribute to this discussion in the all geared toward shaping policy in the many essential most comprehensive way possible.” areas where law and security intersect. The project’s emphasis, Wittes says, will be on The project will also serve as a hub for some existing examining looming security issues in a nonideological enterprises, including the student-run Harvard way. “There is no program devoted to the single- National Security Journal and the influential national minded production of nonideological analytic work security blog Lawfare (see sidebar), founded by Wittes, with an eye toward it being useful to policymakers BLUM Goldsmith (who shaped—and challenged—legal in this intellectual space,” he says. “This program policy in the early years of the war on terror, as the won’t do endless events talking about interrogation director of the Department of Justice’s Office of Legal techniques—it’s going to be looking at future issues.” Counsel) and Robert Chesney ’97 (a professor at the One of the first issues it will take on is the future of University of Texas School of Law who runs a listserv weaponry, assembling a group of experts to examine on developments in national security law). and report on the implications of everything from For both Blum and Wittes, the project is a natural drones to nanobots, or tiny robots with surveillance melding of each institution’s strengths. As Wittes and perhaps lethal capacity. “This is not sci-fi,” says explains it: “The project is designed to combine Blum. “Once you have this technology, you can’t control WITTES the forces of two organizations that have very deep it and you can’t contain it—it’s going to be available capacity in areas of law and security. HLS has to the public. What does it do to society when it’s unparalleled academic resources and a lot of people surrounded by these weapons? What are the strategic with very granular experience in a diverse array of implications and the potential uses and misuses?” law and security issues. Brookings speaks about In terms of getting the project off the ground, Blum these issues in a way that the policy community is and Wittes give a good deal of credit to Dean Martha very responsive to.” Blum, too, sees the project as an Minow, for her enthusiasm and support for the idea. effective means of channeling the intellectual energy “She made this happen with some initial support, at the law school toward the challenging security and now it’s up to us,” says Blum. But they also give questions the country faces. “I think it’s safe to say that credit to students, who, according to Blum, repeatedly HLS has the largest group of academics in the country expressed the desire for more ways to be involved in with expertise and interest in this field,” she says, work on security issues. “The students were the real pointing to Philip Heymann ’60 as one of the first legal entrepreneurs of this project; they have unparalleled academics to study the issue of terrorism, years before capacity and interest to explore timely questions of 9/11; to Jack Goldsmith for his role making legal policy national security.” in government; to Adrian Vermeule ’93 for his work on One of the first tasks will involve the Harvard constitutional and institutional design, including in National Security Research Committee, a student- national security; and to Yochai Benkler ’94, Jonathan run group that takes on projects for academics Zittrain ’95 and Lawrence Lessig, who examine aspects and practitioners examining the legal dimensions of cyberlaw. Blum, a native of Israel, brings her own of national security issues. The committee will experience advising the Israel Defense Forces on collaborate on the maintenance and expansion of a counterterrorism. Brookings paper, “The Emerging Law of Detention More than a dozen other faculty are associated with 2.0: The Guantánamo Habeas Cases as Lawmaking” the project, including professors like Tyler Giannini, by Wittes, Chesney and Larkin Reynolds ’10, which who studies human rights issues, and Noah Feldman, has become an online living document that will be who looks at law’s intersection with religion. The updated as detention law evolves through court mix reflects the many fields that overlap with law decisions. The group’s director, Miranda Dugi ’12, and security, and the scope of topics the project will says: “Ben and Bobby [Chesney] have been very open examine. On these types of issues, Blum argues, one to brainstorming what we want our role to be; they can’t think about things narrowly. Famine in Somalia have been very responsive to our questions. I think ties in with piracy on the high seas and the activities it will be really fruitful, and hopefully it will mean of Al Shabab; new technologies lead to new ways that there’s a broader audience for the things we’ve

24 harvard law bulletin winter 2012

22-47_HLB_Winter12_05.indd 24 11/11/11 6:12 PM To view video of the HLS-Brookings conference, “Law, Security and Liberty post-9/11,” go to been working on.” For the Harvard National Security http://hrvd.me/ and founder of a risk management Journal, being linked with the HLS-Brookings project lawsecurityconference. consulting firm called the Chertoff could widen the journal’s readership and the pool of Group: “The legal architecture for a lot of what we do people who contribute essays. Brian Itami ’12, the print in the security space is built around a lot of concepts executive editor of the journal, also cites the more and rules and statutes that were developed in the 20th direct connection to the D.C. policy world that the century. We are now facing a totally different global HLS-Brookings association will provide. “As someone threat picture and totally different technologies and who hopes to practice in the area of national security issues. We try to adapt to that in an ad hoc way, but law, I can’t think of a better opportunity to tie in the having systematic thoughts on this would be helpful academic work that goes on here with what goes on in if you’re going to rebuild this architecture for the 21st D.C.,” he says. century. There are some great minds at Harvard,” he Strengthening the connection between theoretical continues. “Opening the aperture through which they work on issues of security and the policy work going can be participating in things in D.C. makes sense.” P on in Washington is especially important these days, according to Michael Chertoff ’78, secretary of Katie Bacon is a writer based in Boston. She has written for Homeland Security under President George W. Bush The New York Times and The Boston Globe, among other pub- and now senior of counsel at Covington & Burling lications.

ALL’S FAIR IN LAWFARE With contributors from all sides, the new blog is essential reading for leading thinkers on law and security

A little over a year ago, HLS Professor jack focused on privacy and security issues. goldsmith, benjamin wittes and robert For an example of the type of reader chesney ’97 decided almost on a whim and contributor Lawfare draws, Rosen- to put their collective experience and zweig points to a series of fi ve posts expertise in law and security together. by Mark Martins ’90, an Army brigadier They launched Lawfare, a blog with general, about the military’s efforts to op-ed-style postings on anything from build the rule of law in Afghanistan. “It’s saw blogging as a “less rigorous discipline Guantánamo habeas litigation to targeted talking about things that I think are very and form of scholarship than the kind I killings to cybersecurity—essentially any important at a good level of sophistica- valued.” But now he’s come to see it as subject where the legal system rubbed up tion and among people who may be able an “important channel for trying out against national security. to actually do something about it,” Rosen- ideas and putting them out in the world.” Though the site made its debut with zweig says. Chesney shared that hesitation but says little planning or forethought, it almost Perhaps even more important, Lawfare he eventually realized that blogging—un- immediately became de rigueur for has become that rare place where people like writing law review articles or books— people in the fi eld of national security from all sides can come to discuss thorny allowed the type of speedy response law, including judges, civil-liberties issues in a civil way. “The blog promotes necessary to potentially shape fast- activists, journalists, academics, and a healthy discussion on issues of intense moving national-security debates: “These people on Capitol Hill and in the military interest. You can’t have a forum for discus- issues were churning so quickly that and intelligence communities. “Its sion of these serious issues if everyone’s the opportunity to infl uence the debate readership is pretty small but pretty shooting at one another,” says David was often missed. If you want your legal darn infl uential on the galactic scheme Remes ’79, a human rights lawyer who rep- analysis to have an impact, you have to be of things,” says Paul Rosenzweig, who resents Guantánamo detainees in habeas in that space.” Wittes, for his part, says, was deputy assistant secretary for corpus cases. “There’s an immediacy of the relationship policy at the Department of Homeland For its founders, both the impact of to a particularly devoted and important Security under George W. Bush and now Lawfare and the intellectual rewards reader that’s like nothing I’ve ever experi- teaches cybersecurity law and policy at of writing a blog were unanticipated. enced. It’s become a forum for signifi cant George Washington University and runs Goldsmith says that he was initially quite debate among people for whom no other Red Branch, a strategic consulting fi rm hesitant about doing Lawfare, because he such forums exist.” —K.B.

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22-47_HLB_Winter12_05_r1.indd 25 11/15/11 3:46 PM ‘DEFENDING UNPOPULAR POSITIONS IS WHAT LAWYERS DO’ 26 harvard law bulletin winter 2012

22-47_HLB_Winter12_05_r1.indd 26 11/15/11 5:26 PM In an era of ideological fencing, Paul Clement ’92 won’t be fenced in

BY NATALIE SINGER Photographs by Brooks Kraft

there are two things paul clement ’92 won’t do: Tell you where he stands on same-sex marriage, and grouse about the controversy that enveloped him last spring when he resigned from his law firm in order to continue defending U.S. House of Representatives Republicans in litigation over the Defense of Marriage Act. Clement, who had been hired to defend the law, left King & Spalding of Atlanta after the firm Paul Clement ’92, former withdrew its representation. solicitor general, current high-stakes The firm’s chairman, Robert appellate litigator D. Hays Jr., said that the process used for vetting the engagement was inadequate. There was also backlash from attorneys and their supporters over a clause in the engagement contract with the House that would prohibit the firm’s employees from personally advocating for or against the 1996 DOMA, which defines marriage as between a man and a woman. For days, the blogosphere, legal forums and editorial pages were afire over whether Clement was a hero or a human-rights basher. (Neither, he says. The explanation he gave former

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22-47_HLB_Winter12_05.indd 27 11/11/11 6:13 PM partners in his much-publicized “Nobody really wakes up in the morning and says, resignation letter still stands, ‘I’d really like to be a teaching moment today at the says Clement. “A representation expense of my career,’” he said of the DOMA dustup. “When the stakes are this high, sure, people are going should not be abandoned to speculate and attribute motives—that’s just part of because the client’s legal the process. The good news is that it’s just speculation. position is extremely unpopular … I didn’t resign because I wanted to take a stand on policy issues.” in certain quarters. Defending What heartened him during the controversy (which unpopular positions is what he said, affably, “wasn’t that unpleasant”) were the lawyers do,” he wrote.) reminders by his defenders ( including Attorney General Eric Holder, who announced early this year “Mr. Clement’s statement that the Obama administration would no longer defend misses the point entirely,” the federal ban on same-sex marriage in court) that Richard Socarides, president of an attorney’s job is simply to represent the client who signed on with him. Equality Matters, fired back in “In … representing Congress in connection with The New York Times, echoing DOMA, I think he is doing that which lawyers do when criticism from other gay-rights we’re at our best,” Holder told the media in April. “[The] criticism, I think, was very misplaced.” groups. “While it is sometimes “It’s not that different from representing appropriate for lawyers to Guantánamo detainees. This isn’t a left or right issue; represent unpopular clients it’s something lawyers should stand together on,” said Clement, who is also defending South Carolina’s when an important principle controversial voter identification law and Arizona’s is at issue, here the only disputed immigration law. He also represented the NFL principle he wishes to defend is earlier this year in its dispute with players. “As a football fan,” he said, “that was a fun case.” discrimination and second-class citizenship for gay Americans.” The buzz unleashed by The holy grail of law firm recruiting his decision to leave King & One of the youngest attorneys to hold the Spalding, one of the nation’s position, Clement, 45, served as the 43rd solicitor oldest and largest firms, general of the United States, from June 2005 until June 2008. Before that he was acting solicitor general for underscores the challenge facing nearly a year and principal deputy solicitor general Clement, who now represents for three years, defending the legality of the Bush the House Republicans as a administration’s war on terror. He has argued more than 50 cases before the United partner at Bancroft PLLC. States Supreme Court, a list including McConnell v. It’s likely Clement’s ability FEC, Tennessee v. Lane, Rumsfeld v. Padilla, Credit Suisse to long-jump over criticism v. Billing, United States v. Booker, MGM v. Grokster and McDonald v. Chicago. He also argued many of the has at least something to do government’s most important cases in the lower courts, with his seemingly unshakable such as Walker v. Cheney and the successful appeal in pragmatism. United States v. Moussaoui. In 2008, while he was poised to move into private practice and was being wooed by top-tier firms, attorneys and legal-watchers referred to him as the “holy grail” of law firm recruiting.

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22-47_HLB_Winter12_05.indd 28 11/11/11 6:14 PM His argument style has been called “assurance ‘THE JOB OF without cockiness.” LAWYER IS NOT TO REFEREE POLICY ISSUES.’

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22-47_HLB_Winter12_05_r1.indd 29 11/15/11 5:27 PM Clement has argued more than 50 cases before the U.S. Supreme Court.

He is known for his capabilities as a skilled orator with a photographic memory. He most often argues notes-free. At a celebration two years ago on the occasion of Clement’s 50th Supreme Court argument, Deputy Solicitor General Edwin Kneedler described his argument style as “assurance without cockiness,” according to The Blog of Legal Times. Legal observers have predicted that Clement could be heading toward a promising, high-profile judgeship or even,

one day, a spot on the high court. GETTY IMAGES It’s hard to believe that just six years ago, when he took over the SG office from Theodore Olson, same class and section as Clement and, despite some Clement was a relative unknown with much to prove, differing political views, remains close to him. said HLS Professor Richard Lazarus ’79. “One of my first memories of Paul is in Phillip “He established very quickly that he was first-rate,” Areeda’s Contracts class. He held his own up there Lazarus said. “He’s very smooth. He’s engaging. Formal against Areeda’s amazing combination of intimidation but not too much so. Extremely credible and straight and kindness,” said Sacks. with the justices. You don’t have the sense that anyone “Paul’s a master of making a position, whatever the is trying to sell you anything.” position is, seem reasonable. He has respect from both Clement’s notes-free style is impressive, Lazarus sides.” said, especially in complex cases. One such case, Clement said he was fascinated by appellate and Rapanos v. United States in 2006, involved a challenge to constitutional law from the start: “You’re playing the federal jurisdiction to regulate wetlands under the around in the gray areas of the law.” Clean Water Act. His most challenging case so far, he says, was “It was classic Paul Clement,” Lazarus said of the probably McConnell v. FEC, in which he successfully argument before the Court. “This is a case which defended the McCain-Feingold campaign finance involves an extraordinarily complicated federal reform law. statutory scheme, chemistry, geography, resources. The 2003 case, which involved more than a dozen There’s a huge amount of law to learn, to make this parties, a warren of First Amendment issues and a argument. towering stack of briefs filed with the Court, was “very “He did it beautifully. He stood his ground. He was difficult to manage,” said Clement. “Pretty messy. Not very solicitous but direct with Justice Scalia. If the something that looked like anything the Supreme Court environmentalists had wanted the very best possible usually takes.” argument for their side, they got it from a Republican- Clement’s team consolidated, filing one 135-page appointed solicitor general.” brief. “The 30-minute Supreme Court argument is nothing compared to the work going into the brief, the A fascination with the gray areas of law work that is a lot less glamorous. But it really is the necessary part of what an appellate lawyer does.” Clement grew up in the Milwaukee suburb of The DOMA case was not the first in Clement’s Cedarburg, Wisc., where he went to public school. He career to cause controversy. In 2004, while arguing received his bachelor’s degree summa cum laude from before the U.S. Supreme Court on the Bush the Georgetown University School of Foreign Service, administration’s right to detain enemy combatants, earned a master’s degree in economics from University Clement denied that the administration tortured of Cambridge, and graduated magna cum laude from detainees. Harvard Law School, where he was the Supreme Court Hours later, CBS aired the first photographs of editor of the Harvard Law Review. U.S. soldiers abusing Iraqi prisoners at Abu Ghraib. “He was a standout,” said Eric Sacks ’92, now a Clement would later say that he did not have the all the partner at the firm Jenner & Block who was in the facts that day in court.

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22-47_HLB_Winter12_05.indd 30 11/11/11 6:15 PM He’s willing to acknowledge his “teaching which a 5-4 decision by the Supreme Court affirmed a moments,” but the trademark easygoingness masks a lower three-judge panel’s order that California reduce toughness. He doesn’t blame people who feel close to the inmate population in its overcrowded prisons. an issue for pushing for change—as the Human Rights Clement represented a class of prisoners in the case. Campaign did when it urged major U.S. law firms, “Look, I’m a Republican,” said Clement. “But it including King & Spalding, not to represent the House certainly doesn’t define the kinds of cases I take on. in DOMA—but he doesn’t want his time wasted. You read about one big case and you think, That must “I’m here to listen to legal arguments, and if you be the kind of lawyer he is. That’s not what it’s about. don’t have one of those, we’re done.” The specialty an appellate lawyer provides is pitching legal cases to appellate judges. An appellate lawyer, not a policy referee “You’re not a criminal defense lawyer; you’re not a sports lawyer; you’re not a labor lawyer; you’re not an In many ways, Clement says, DOMA boils antitrust lawyer; you’re not a DOMA lawyer. You’re an down to the type of case he spent the bulk of his career appellate lawyer, and you may turn from one of those on: a federal statute whose constitutionality requires issues to another, one after another,” he said. defending. If anything lingers from the King & Spalding affair, But he agrees that the case is different, too. it might be the larger discussion around general “Obviously it’s a case that inspires a lot of strong service law firms and attorneys’ responsibilities feelings on both sides, maybe to a unique degree, given and opportunities within the context of the nation’s what’s at stake.” growing ideological divide. Asked to spell out what is at stake from his In an analysis in The American Lawyer in July, perspective, he immediately answered, “What kind HLS Professor David B. Wilkins ’80 and Ben W. of marriage is the government going to recognize? As Heineman Jr., senior fellow at the school’s Program a lawyer, you have to try to deal with the legal issue on the Legal Profession, determined that if the DOMA that’s at the heart of the case, [but] you never ignore representation had come to them as members of King the fact that the issue is inspiring strong feelings.” & Spalding’s initial review committee, they would Despite that, he said, “The job of lawyer is not to likely have declined it for two reasons: the much- referee policy issues. Tell Congress to repeal the statute discussed provision in the engagement contract that and then this whole issue will go away. But don’t tell many believed would have, had the firm taken the one lawyer or another not to [do his job].” case, prevented employees from acting on personal political beliefs, and, secondly, because “the principle The hardest case to argue of nondiscrimination on the basis of race, religion, gender, national origin, or sexual orientation is and On the American political spectrum, ought to be a core commitment of our society and of Clement carries conservative currency. He clerked for our law firm.” Judge Laurence H. Silberman ’61 of the U.S. Court of Beyond that, Wilkins and Heineman wrote, general Appeals for the D.C. Circuit and for Justice Antonin service firms will increasingly need to carefully Scalia ’60 of the U.S. Supreme Court. After his consider how they decide whether partners can clerkships, Clement served as chief counsel of the U.S. represent controversial clients. “Will the polarization Senate Subcommittee on the Constitution, Federalism of our politics lead to the polarization of general and Property Rights, which was chaired by John service law firms?” they mused. Ashcroft. Clement, for one, hopes not. He is a politically comfortable choice for “It’s the diversity of practice that defines it,” he Republicans looking for legal representation, as in the said. “Some of my best arguments have been in cases DOMA case and the Florida challenge to President where, if I had to say my personal views, I would say Obama’s health care law, which will take him again I’m skeptical. before the Supreme Court. But he has also represented “The hardest case to argue is one where you’re so clients across ideological lines, and cases like the sure you’re right, you don’t see where somebody who campaign finance reform defense have helped win him disagrees with you is going to come from.” P a balanced reputation among Democrats. Another success this year was Brown v. Plata, in Natalie Singer, a Seattle-based journalist, covers legal issues.

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Theory AND Practice IN CORPORATE LAW

BY ELAINE McARDLE

For the last several years, former HLS Dean Robert C. Clark The alliance between the academy and the world of ’72 has broken with tradition in teaching his mergers and practice yields benefi ts for both. Theodore Mirvis ’76, a acquisitions course. It isn’t enough to read leading cases, partner at Wachtell, Lipton, Rosen & Katz and a top M&A he realized; students still may leave the classroom without lawyer, has been a guest in Clark’s class several times. “I’ve any real understanding of how to structure a deal, identify had questions asked of me by students that were far more and avoid pitfalls, and recognize why personalities mat- diffi cult and perceptive than any I’ve had in a courtroom,” ter—in short, how M&As work in the real world. Mirvis says. “It forces you to have a new perspective.” So Clark decided to bridge the storied gap between the The benefi ts of this teaching model may seem obvious. academy and the world of practice, an approach unheard Yet it’s radically different from what Clark himself experi- of in corporate law classes 10 years ago. He co-teaches the enced as a student at HLS. “There wasn’t much connection course Mergers, Acquisitions, and Split-Ups, with Leo E. with law practice at all,” Clark recalls. Many professors had Strine Jr., chancellor of the Delaware Court of Chancery, never stepped outside the academy, and even those with who offers a behind-the-scenes view of boardroom negotia- experience as practicing attorneys adopted the traditional tions and the personalities involved, a perspective very pedagogy once they joined the faculty, perhaps sprinkling popular with students. “Learning the cases in this context in a few of their own war stories during doctrinal lectures. made the material readily digestible,” recalls Oscar Hackett But today that is changing rapidly, not only in Clark’s ’09, CFO and general counsel of BrightScope Inc. classes but in others taught by his corporate law colleagues Moreover, at least a quarter of the classes over the at HLS, who have found many ways to bring the world of semester include guest speakers who offer an invaluable practice into the classroom to give students insights on real-world point of view: CEOs, M&A experts from major law deal-making, contract negotiations, hostile takeovers, fi rms, and lawyers from private-equity and public compa- leveraged buyouts and more. We highlight a few of those nies, who discuss deals in which they’ve been involved. efforts.

32 harvard law bulletin winter 2012 Photographs by kathleen dooher

22-47_HLB_Winter12_05.indd 32 11/11/11 6:15 PM LOOKING BEYOND THE CASES TO THE CLIENT

professor john coates

Corporations: Board of Directors and Corporate Governance For a student like Neil Rao ’13, who sits on the board of a nonprofit corporation and spent two years at Professor John Coates McKinsey & Co. advising hospitals MARTHA STEWART and other corporations, the traditional law school course on corporations would have limited value. “To me, the distinction between an S corporation versus a C corporation—I can read that,” he says. Rao enrolled in a new kind of course with a practical approach, taught jointly by Professor John Coates—who also teaches M&A and came to HLS after nine years at Wachtell—and Harvard Business School Professor Jay Lorsch. The students simulate the roles they will play as corporate lawyers and executives after they graduate. Rather than focusing solely on appellate cases, Coates and Lorsch focus on the daily decisions by and interactions between corporate lawyers and their clients, including addressing the personalities involved in corporate governance and the complex dynamics among shareholders, executives, boards of directors and lawyers. a focus on m&a: Professor Robert Clark ’72 (left) teaches his mergers and acquisitions class with The 100 students in the class—half Leo Strine (above), chancellor of the Delaware from HLS, the other half from HBS— Court of Chancery. Guest practitioners, such as team up in exercises that mimic the Richard E. Climan ’77 (top), partner at Dewey & LeBoeuf, also participate. kinds of interactions corporate lawyers have in advising their clients. Students are encouraged to participate in solving problems a real client is likely to run into. “One of the law students will say, ‘You should have done this,’ but the business student will say, ‘That would be bad for the following reasons,’” says Natasa Kovacevic ’13, who plans to do M&A work after graduation. This kind of practical application of legal theory is essential, she says. For the many HLS students planning to go into corporate transactional work, she adds, “it’s a great way to run a class.”

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HOW CORPORATE LAWYERS AND VENTURE CAPITALISTS OPERATE

professor jesse m. fried ’92

Corporations; Venture Law and Finance

In his Corporations course, of bringing that perspective to the HLS Professor Jesse M. Fried ’92 classroom. typically invites several prominent A practitioner perspective is corporate lawyers to talk to students particularly useful in the venture about their careers as well as recent capital course because case law deals and cases they have worked and financing documents cannot on. For his course on venture capital, capture much of what goes on in he brings in not only attorneys, entrepreneurial startups. There’s but also venture capitalists and another benefit to inviting outside entrepreneurs. speakers: Students make contact “Students love it,” Fried says. with people who may mentor them or “They want to hear about the world even offer them jobs, he says. During they’ll be entering from the people the past two years, Sarah Reed ’91, they’ll be working with. Plus they general counsel of venture capital enjoy seeing that what they learn in firm Charles River Ventures, has not class is actually used in practice.” only spoken to students, but also Fried notes that law faculty are hired several to work as interns. “The much more connected to the world more interactions students have with of practice today than they were 30 practitioners like Sarah, the better,”

MARTHA STEWART years ago and recognize the value Fried says.

REAL DEALS

professor guhan subramanian j.d./m.b.a. ’98

Dealmaking As the first person in the history of Harvard University to hold tenured appointments at both HLS and HBS, it may seem only natural that Guhan Subramanian J.D./M.B.A. ’98 includes students from both schools in his course on deal-making, and splits the class between both locations. After a few introductory sessions, the course leaps into examining real deals taking place at that time, chosen not for their dollar value (although there are some high-profile deals in the mix) but for the interesting issues of structuring and dynamics that they raise. Bankers, lawyers and CEOs at the center of those deals come to the class to provide their perspectives, says Subramanian, who has written an accompanying text, “Dealmaking: The New Strategy of Negotiauctions.” Subramanian adopted this approach based on his experience on the faculty at HBS in the late 1990s, where case studies and guest speakers were a common pedagogical tool. “If every single course at HLS was focused on the practitioner’s perspective, I think we’d be missing something.” But offering a spectrum of choice, from pure theory to practical courses, gives students the benefit of

both, he says. DOOHER KATHLEEN

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Professor Howell Jackson ’82 A FULLER PICTURE OF THE BUSINESS LANDSCAPE

professor kathryn spier

Business Strategy for Lawyers TONY RINALDO When Business Law Gets Clinical A growing number of opportunities GWhile years ago, clinics at so many students plan to go Harvard Law School were into transactional work after focused primarily on poverty law, graduation. “Students learn to student demand for business- develop the mindset and mental oriented clinical experiences toolkit of a transactional lawyer, TONY RINALDO has since skyrocketed. And for to figure out and structure the Professor Kathryn Spier’s law per se, it introduces stu- HLS students interested in the legal landscape of proposed business world, there are now deals, to navigate their clients course, which she began of- dents to an important and numerous clinical opportunities. through and successfully fering at HLS four years ago, different facet of a client’s This year, students are working complete transactions, and to presents the fundamentals needs.” Since many clients for the U.S. Department of the help clients launch and grow of business strategy and come from a business school Treasury creating a treatise successful businesses,” says includes business school background, the course also on the legal rules that apply Clinical Professor Brian Price, to the government’s collection TLC director. Clients also case discussions in addition offers HLS students a “com- of delinquent debts, including include artists and musicians, to traditional lectures. The mon language.” Students student loans, small business and students are matched with class presents economic and also learn how to structure loans, administrative fines and projects that meet their interests, game-theory approaches settlements and other types child support debts. including those involving to business strategy and of “creative contracting,” Professor Howell Jackson trademark matters, licensing ’82 developed the federal debt agreements, and corporate explores topics such as agreements to help clients collection clinic last year in governance and tax issues. strategic positioning, prod- position themselves for suc- response to a request from The Sports Law Clinic is also uct differentiation, perfor- cess, she says. Treasury for assistance in in high demand, but few students mance evaluation, battles Business Strategy for preparing the treatise, which will end up in a sports law career, for corporate control, Lawyers, which enrolls will be used by hundreds of says Peter Carfagna ’79, an expert government lawyers and private in sports management who has franchising, joint ventures, about 50 students each year, practitioners. There is significant represented a number of major network externalities and is also helpful for students educational value to students, athletes and launched the clinic a innovation. Case studies in- who someday will be man- Jackson says, as the field is full few years ago. For most, the clinic clude the cola wars between aging law ﬁ rms, she says, of challenging issues of statutory is an interesting and fun way to Coke and Pepsi and issues since it covers such topics as interpretation and constitutional learn how to draft sophisticated restraints. Plus there is the added contracts, licensing agreements, touching on Microsoft and how to structure incentives. complexity of working for a and leases, essential skills for on Wachtell, Lipton, Rosen The course focuses real client. “Unlike in classroom representing corporate clients & Katz. on the management of discussions, students can’t and others. The clinic, he says, “is Spier, an economist by pharmaceutical companies just get by reciting Supreme all business law.” training, joined the HLS and major manufacturers, Court dicta on balancing tests Other clinics that offer some under the Due Process Clause. business-law experience include faculty in 2007 as part of the among other businesses. “It They must come up with much the Negotiation and Mediation efforts of then-Dean Elena helps [students] understand more practical and pragmatic Clinical Program, which has Kagan ’86 to broaden the their clients’ needs and also advice,” says Jackson, an expert represented Hewlett-Packard, the faculty and offer students a the motivation of their cli- in financial regulation and technology company ABB, and different perspective on the ents’ adversaries, so they’re consumer protection. the Cleveland Indians, among The Transactional Law Clinics other clients, assisting them with practice of law. getting a fuller picture of are among the most popular deal-making, dispute system As Spier explains, “While the business landscape,” at HLS, in large part because design and negotiation strategy. the class is not building on Spier says.

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A Two-Way A CONCRETE WAY OF LOOKING AT THE LAW Street professor mark roe ’75 Bankruptcy Mark Roe’s course At the same time of collaboration … in Gthat HLS students the form of new case on bankruptcy are learning from the studies, research emphasizes how real world of practice, projects, class visits and business transactions lawyers are benefiting seminars.” are structured in from HLS classrooms. John Coates, who also light of bankruptcy The HLS Executive teaches in the executive Education Program of- ed program, says he law. Students get to fers intensive courses, appreciates being focus during several including Leadership in exposed to what today’s weeks on a typical Law Firms, aimed at law lawyers find most bond agreement to firm managing partners challenging. “Teaching determine how its and senior firm lead- people who’ve been ers, and Leadership out in practice for 20 key parts would fare in Corporate Counsel, or 30 years is certainly under bankruptcy aimed at general coun- changing the way I court decisions and sels and chief legal of- think about teaching the bankruptcy ficers. In the spring, the things,” he says. For statute. New Partners Program example, Coates, who will focus on recently also teaches legal “It’s a concrete elected equity partners. ethics, recalls that way of looking at the In addition, last winter, he used to believe law,” says Roe, who a training program for that noncompetition launched the approach Milbank associates agreements among after realizing that was launched, which lawyers should be too many traditional will provide intensive prohibited. After education in business, listening to longtime bankruptcy courses finance, and law from practitioners describing didn’t address enough HLS and HBS faculty the problem of of what business over the course of sev- turnover—with lawyers lawyers do in the eral years. building up business financing transactions “We try to connect at one firm and then the worlds of academics taking clients with that anticipate a

and practitioners to them when they join MARTHA STEWART bankruptcy. Many the benefit of both another—he now thinks HLS students would communities,” says noncompetes have a benefit from this approach, he concluded—to see how bankruptcy Professor of Practice valid purpose. “All affects financing decisions, planning, and structures, and to spend Ashish Nanda, faculty of that comes out of director of Executive listening to the stories more time decoding transactional complexity in law school, rather than Education. “Already, we of people running these on the job. have seen the benefits firms,” he says. His course has included visits from prominent bankruptcy lawyers to discuss the most current, and often most controversial, transactions Ashish Nanda, faculty director and bankruptcy proceedings. And, since most bankruptcy matters of Executive Education are settled rather than litigated, toward the end of the semester, he has students break up into groups and negotiate a plan of reorganization in bankruptcy. Roe introduced these aspects because, he says, “many HLS students who become business lawyers will deal with bankruptcy in complex financing transactions, and I had the sense that we could do better in getting students ready for that by imparting more finance and business skills and background.” Reading and parsing appellate decisions and doctrines are important skills, he believes, but reading the bankruptcy statute in light of a proposed transaction is just as important and can get neglected in casebooks that focus on appellate decisions and statutory construction. “The transaction … and not the appellate brief is more P MARTHA STEWART often how our graduates will bump into bankruptcy,” he adds.

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VOICES FROM THE CELEBRATION OF BLACK ALUMNI

The third Celebration of Black Alumni drew more than 700 graduates to the school in September and filled the campus with excitement and engagement, crossing generations. The Bulletin interviewed participants who graduated during each of the past five decades. They reflect on their own experiences and the path of social change in the era of the nation’s first black president.

BY LEWIS I. RICE PHOTOGRAPHS BY JESSICA SCRANTON

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PEGGY COOPER DAVIS ’68

A professor at New Harvard Law School I was one of settings tough issues York University I entered and left. involving identity, School of Law for At the same time, very, very few diversity and social nearly 30 years, it’s inspiring to see women and very justice. Peggy Cooper Davis a kind of continuum few African- On race and justice to- ’68 has written and growth. Americans. I day: I feel that we’re about professional I also feel a spe- think the school at a point in history pedagogy, feminist cial bond because is a better place where social justice and critical race my husband [Gor- struggles are not theory, child welfare don Davis ’67] and I for having more technically about and substantive due were there together perspectives. race, but problems process. Her book and married after are allowed to per- “Neglected Stories: law school. There been an advocate in sist because of racial The Constitution almost begins to a variety of contexts attitudes. and Family Values” feel like a tradition but also having Our public argues for an anti- of Harvard Law felt the weight of education system is slavery vision of 14th couples. Seeing Mi- responsibility for pretty much a disas- Amendment rights of chelle and Barack is making decisions ter. I think efforts to personal and family incredibly inspiring, about people’s lives. resolve that problem autonomy. given all that. At NYU Law, she are stymied because Before she joined oversees the they are perceived as On her time at HLS: the NYU faculty, she school’s experiential helping “the other,” One of the reasons worked in public learning program: so things we ought I’m so excited interest law: It An important part to do in our collec- about the kinds of wasn’t until after of my teaching is tive interest we often connections I can law school, when bringing feminism don’t do because make now and the I was working in and critical cultural we’re not thinking kind of community I legal services and studies to bear in collectively but in see building around then civil rights law, the classroom. I our own self-interest the Celebration of that I began to feel stress the relational or in the interest of Black Alumni is of that I could take nature of practice groups. course there was ownership of the and lawmaking, Things have none of that then. law. and I work to happened that I’d I was one of very, She also served as a develop students’ never dreamed very few women family court judge: interpersonal and would have and one of very, Using the law as a social intelligence happened in my very few African- judge was a very as conscientiously lifetime. But I’m Americans, and one sobering experience. as I work to develop still stunned and feels that. I think I’m very glad that I their logical and frightened by the the school is a better did it before I began quantitative skills. divisiveness and place for having to teach because it My students not hatred that I see. more perspectives, was a great feeling only think about In summary: I still feel a more comfortable to go into law but also confront in that I’m working place to me than the teaching having simulated practice counterculturally.

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JOHN PAYTON ’77

John Payton ’77 has Supreme Court that the ... and postelection: criminal justice, worked on issues of University of Michigan I have to say I did where we have social and racial could consider race not expect the level mass incarceration justice throughout his to attain a diverse of unbelievable as a horrendous career, as a partner student body: It’s hostility that his problem, and voting at Wilmer, Cutler, had the effect of election would rights is always Pickering, Hale changing some parts spark. I know under challenge. and Dorr and now of the conversation. we have divisive What we can do now: as president and Diversity has politics, but the No matter what you director-counsel of the essentially been extra layer of “He’s a do in your career, NAACP Legal Defense embraced by black man poisoning you can still do and Educational all of corporate our civic culture” things that help Fund. America. It’s now caught me off guard. advance issues of commonplace to It’s there. It’s not social justice and The social movements hear people across going to go away. It’s racial justice. That of his youth sparked partisan divides a reflection of what includes pro bono, If you really his passion for civil say they, too, want remains to be done. which is now in wanted to be a rights: Most of the to make sure they He was drawn by the every crevice of our change agent for people who grew up are inclusive and history of the NAACP profession. You can in the ’60s and ’70s, are diverse. I think Legal Defense and Edu- obviously financially social justice, certainly who were that’s something cational Fund: support things. being a lawyer African-Americans, that is quite healthy Everyone knows But there are also was the best were greatly affected for our democracy. Brown but there are things you can do platform. by social justice, Race-based measures cases leading up to outside of your job, racial justice issues, are still needed to Brown and way past becoming involved the civil rights address injustice: Brown. It’s a tremen- in your communities movement, and All minorities, all dous legacy to be in ways that matter, wanted to figure women, have seen able to look back at becoming involved out how we could great progress. That that and then to be in how your school make a difference said, we still have the head of the law system works and in our society. I very serious issues firm that Charles striving to make it concluded—and I that relate to race. Hamilton Houston better, making sure think a lot of people There are all sorts [LL.B. ’22 S.J.D. ’23] that our civic culture who went to law of studies out there and Thurgood Mar- is healthy. It’s not school with me that are not disputed shall created that necessarily being concluded—that if that [say] bias and changed this coun- a lawyer but being you really wanted implicit bias still try dramatically for a good citizen. I to be a change agent are in very high the better. think those broader for social justice, numbers. Sadly we still responsibilities being a lawyer was On the Obama election: have a lot of work are what is going probably the best It’s great success to do. There are still to make us a better platform to have. that comes after issues in education society, and I think He successfully great sacrifice by a and economic all of us have some argued before the lot of folks. justice and certainly commitment to that.

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22-47_HLB_Winter12_05.indd 42 11/11/11 6:21 PM REFLECTIONS ON THE What I hear Muslim- Americans LORETTA LYNCH ’84 saying is what so many African- Americans said in Loretta Lynch ’84 similar to it is the community: There the ’50s and ’60s. has found rewards in trauma some people were people who, different aspects of still feel after 9/11 in until I worked on at me and said: “You legal practice, from this country. There the Louima case, can’t be Loretta law firm partner to are certain things thought, Why do Lynch. She goes to her current position that never leave you. you do this? To me, I Harvard.” I think as U.S. attorney for When you’re talking do it because I think everyone has those the Eastern District of with a survivor, everyone deserves stories. New York. particularly protection. Most African- someone who Frankly, it Americans are She served on the trial physically survived shouldn’t be an easy very cognizant of team for the Abner an attack, and they thing to stand up assimilating into Louima civil rights tell you about hiding and say this person mainstream culture, case, overseeing the in a pile of dead by their actions has but you’re also very prosecution of the New bodies all night long forfeited their right aware of and very York City police officers because they knew to walk among free comfortable with charged with sexually if they moved, the people. your own culture. assaulting Louima, a genocidaires who She has conducted To me, that’s an ad- Haitian immigrant: were waiting to see outreach with Muslim- vantage. I think it It was a very tense if anyone was alive American groups who makes you flexible; atmosphere. It was would come back have spoken about it makes you see extremely racially and finish the job. facing bias: What I things from more and politically You think, How does hear them saying than one perspec- charged at the time. the human spirit is what so many tive. I look at people My way of dealing deal with that? African-Americans who have only one with high-profile What I say to said in the ’50s and experience, and I cases like that is to young lawyers in ’60s: “We’re part think that’s really completely separate particular is, I wish of America, too. unfortunate. That’s from the press. for them to have the We’re just like you.” where those com- What you have to do kind of experience [I I think every group ments come from. In is insulate yourself. did], to use the law struggles with that. their worldview, this Lynch also served in a way that’s trans- On whether she has is how they see black as special counsel forming. I think faced race-related people. I learned to the prosecutor you can do it in any bias herself: You a long time ago, I of the International venue because every mean when I was can’t really change Criminal Tribunal for case is important to a young associate your worldview. You Rwanda, for which she the people involved when I went to take can get to know me, conducted a special in it. It doesn’t have a deposition and you can spend time investigation into to be a genocide everyone assumed with me, and if your allegations of witness case. I was the court worldview changes tampering and false Some critics have reporter. Or when as a result of that, testimony: People are said that the criminal I interviewed at a fine. But it’s really traumatized. The justice system harms law firm and the not my job to try to only thing that’s the African-American receptionist looked change it.

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TIMOTHY WILKINS ’93

A graduate of HLS for lawyers of color. of mentor: Lawyers Asia is that it often and Harvard Business The numbers when are most successful takes an important School, Timothy we were first coming if they can cross few sessions of Wilkins ’93 conducts out of law school borders and work understanding the business deals with were quite stark. with people from big-picture issues corporations around I did not know different offices and and the ultimate the globe as a partner more than two or different cultures. goals of the client with Freshfields three black people If we are struggling before people get Bruckhaus Deringer in who had become with successfully down into the New York. partners. handling difference detail and the small A member of and cultural variety points. And I see His brother, HLS Freshfields’ global in our own firm, sometimes U.S. Professor David diversity committee, that’s going to make lawyers jumping Wilkins ’80, established he has sought to it harder for us to be immediately to the Celebration of increase the number successful with our the clause on Black Alumni: It and improve the clients. Page 23, Subpart was important to experience of minority On practicing in B before they’ve both David and attorneys: It’s the Freshfields’ Tokyo really given the me because both personal mentoring office: It was a clients the chance our father and his and support that can really dynamic to understand the brother are also make or break the and exciting time bigger picture and alumni of Harvard successful trajectory because you got to also the relationship Law School. For of an African- do international between the two us, the idea of American lawyer transactions parties. the tradition and so that they believe shoulder to shoulder The impact he can have bringing together that the firm’s with your Japanese as partner: I do find African-Americans culture is supportive bengoshi (Japanese- that the privilege of from all the different of them, and they qualified lawyers). actually being at the generations at the also have as many We saw the quality table at the partners’ law school was opportunities to go up substantially conference, at the especially poignant. succeed and be for international global diversity He is his firm’s first involved in the most clients as well as committee meeting, and only African- exciting work. Being Japanese clients means that I have American partner in creative around doing deals overseas an obligation to the United States: how to think about where you could speak out and make The challenges diversity from a have both lawyers’ sure that our firm is continue to be real recruitment point of approaches to the carrying out its role view but also from law coming together and responsibilities It’s the personal an inclusion point of to come up with to the highest degree mentoring and view will continue joint solutions. that it can, but also support that can to be an important Negotiating styles that the firm is make or break the challenge for large can differ between making the most trajectory of an corporate law firms. cultures, he says: positive impact that African-American He embraces the role My experience in it can. lawyer.

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DARIN JOHNSON ’00

with some really generally as well as a greater sensitivity While our interesting, cutting- during their time at to the same community has edge, critical issues. the law school. For struggles that may come very far, As a member of the those of us who are exist for minority we also have a Black Law Students younger, we really communities in lot of ongoing Association at HLS, have an appreciation other countries. P challenges to be he helped organize for how far society an African summit, has come and how confronted. for which students far we’ve come as visited law schools African-American As attorney-adviser in in African countries, students and the U.S. Department of including South Africa: alumni. State, Darin Johnson There’s a certain On the struggles that ’00 advises the Bureau level of respect remain: You name the of International and admiration [in problem, you’ll see Organization Affairs South Africa] for the a disproportionate on United Nations- African-American impact in the related legal issues. community in the African-American MARTHA STEWART United States. In community. So while HLS BESTOWS AWARDS As a commissioned speaking with our community has During the Celebration of Black officer in the Army, students about come very far, we Alumni, HLS Professor Annette he was an attorney the transition also have a lot of Gordon-Reed ’84 (above) received in the Secretary of from apartheid, ongoing challenges the HLSA Award, and Walter Leon- the Army, Office of and the freedom that still need to be ard, former assistant director of the General Counsel movement of South confronted. admissions at HLS and former Honors Program at Africa, I saw a lot of He moderated a president of Fisk University, and the Pentagon: I come inspiration drawn Celebration panel Derek Bok ’54, former president from a long line of from the civil rights on “International of Harvard University (below, military service. It’s movement. There Law and Foreign from left) were awarded the HLS very much a part of are a lot of parallels. Affairs: Adding Our Medal of Freedom. To read more our family tradition. On those who have Voices to the Global about CBA and to watch video In Baghdad in 2007, come before him: Dialogue”: I very of the event’s panels, including he advised the U.S. One of the powerful much appreciate those featuring the ﬁ ve alumni ambassador to Iraq things about efforts at inclusion, interviewed here, go to http://bit. and other senior State coming back for expansion, ly/CBA11. Department officials: the Celebration protection of It was right around [is] actually minority rights. the time when the getting to spend That appreciation insurgency had time with alumni of the civil rights become very active. who have been at struggle of African- It made for a very the law school in Americans and the tense environment. different periods community that It also offered the and hearing about I’ve come from opportunity to deal their experiences definitely has led to

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22-47_HLB_Winter12_05_r1.indd 47 11/15/11 3:16 PM . fall reunions brought nearly 600 3 back to HLS in October. Alumni attended panels on topics ranging from the law of fashion to the financial crisis to the future of the Internet and found time 1 to discuss the past and the future with old 4 friends and new.

To view the panels or find more photos from the weekend, go to: http://hvrd.me/ HLSFallReunions.

2 5

1. Genevieve Hertzfeld, Bruce Jay Colan ’66, Annette Colan and Jeffrey M. Hertzfeld ’66 2. Allen Rieselbach ’56 and Dean Martha Minow 3. Frank E. Ferruggia ’81, Donna Ferruggia and Bruce Cohen ’81 4. 1951 classmates Bob Ehrenbard and Ronald Rothstein 5. 1991 classmates Anahaita N. Kotval, Sima Sarrafan, Amy Null, Joan Slavin and Jackie Scott Corley 6. 1996 classmates David Morgan and Joseph M. Ditkoff

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48-65_HLB_Winter12_05_r1.indd 48 11/15/11 3:07 PM SEND US YOUR NEWS Alumni updates may be emailed to [email protected]. CLASS NOTES Deadline for the next issue: March 5 W portraits from the lawyer as a 1934 In a July article, the ABA young man Journal highlighted james bass, who “Recently is 101 and still practicing law at Bass, rearranging Berry & Sims, the Tennessee-based my old firm his father helped found. personal 100 documents, 1935 sidney greenman cel- how surprised ebrated his 100th birthday in June in was I to find Rye, N.Y. Speaking to a group of fam- this sketch I Reflected on ily and friends, he reflected on “the drew during “the good good fortune I’ve had throughout my winter ’61-’62,” fortune I’ve had life, including choosing the law as writes daniel throughout my my profession, because, beginning heck ll.m. ’62. life, including with law school, I have found it chal- “This was a choosing the lenging and rewarding.” Greenman reaction of a law as my served in the Pacific during World young French profession” War II and has lived and practiced student for law in the New York metropolitan the first time area, where he continues to be an faced with active member of the New York Bar. the American university 1942 s. ezra austern writes: environment.” “My wife, Esther, and I announce the engagement of our granddaughter Elisheva Teichholz to Rabbi Yosef Chaim Binder of Jerusalem. About 10 years ago, after 55 years of private practice and 11 years in the judiciary, I retired as an administrative law wealth of investors throughout the mony, the court dedicated and named judge. I am now in my 92nd year. We international community.” the atrium of the Martin L. King, live in Kiryat Sefer, a religious com- Jr. Building and U.S. Courthouse in munity 35 miles south of Jerusalem. 1951 Retired Justice william Garth’s honor. Garth celebrated his Six mornings a week I continue to cousins jr. of the Illinois Appellate 90th birthday in New York City with attend Kollel, where we do research Court received the 2010 Thurgood more than 100 law clerks, present in Halacha (Jewish law), Talmud Marshall Award Aug. 3 at the Judicial and past, including Justice Alito. and Torah. Esther and I have much Council of the National Bar Associa- The University of Nevada, Reno, nachas (joy) from six children, 67 tion’s 40th annual meeting honoring awarded edward c. reed jr. the grandchildren and 160 great-grand- his career in the judiciary. Cousins Distinguished Nevadan Award at children, all of whom reside in close was first elected a circuit court judge its advanced degree commencement Kiryat Sefer proximity here in Israel.” of Cook County, Ill., in 1976. He sat exercises in May. Reed is profiled in on the Illinois Appellate Court from the May 2011 edition of the Washoe 1949 les tanner reports that 1992 until his retirement from the County (Nev.) Bar Association jour- July 28 was the 50th anniversary of judiciary in 2002. During that time nal. He was appointed to the U.S. the listing of Mesabi Trust on the he served as a member of the execu- District Court in Nevada in 1979 by New York Stock Exchange, “the tive committee of the Illinois Judicial President Jimmy Carter. He served as first tax pass-through exchange- Conference for 19 years and was also chief judge from 1986 to 1992 and as traded security.” Tanner was the a member of the Special Supreme acting chief judge from 1983 to 1986. lawyer on the corporate teams Court Committee on Capital Cases responsible for the transformation from 2000 to 2002. 1954 william sawyer recently in 1961 of Mesabi Iron Co. into the joined White and Williams as coun- first business trust to be listed on 1952 On June 24, judge leonard sel in the firm’s business and corpo- the NYSE. He was assisted by then i. garth was honored by the Third rate law and tax and estates practice HLS Professor A. James Casner, Circuit Court of Appeals for his nu- groups in Boston. He has years of who had taught him Trusts some merous achievements in his more experience counseling private and 10 years earlier. According to than 40-year career on the federal public entities on issues related to Tanner, the concept of “tax pass- court. U.S. Supreme Court Justice structure, capital formation, financ- through publicly traded entities Samuel Alito, Chief Judge Theodore ing, taxation, and dispute avoidance has given birth through these five A. McKee and Judge Maryanne and resolution. decades to a diversity of financial Trump Barry spoke to the more than instruments that have enhanced the 170 in attendance. During this cere- 1959 david m. dorsen writes, “I

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am now counsel to Sedgwick, LLP, as per Lawyers,” an honor given to only mali community in the Washington, a result of my firm’s having been in- 5 percent of Florida’s attorneys. This D.C., area. I wanted to write a novel corporated as Sedgwick’s Washing- is the sixth consecutive year he has that explores the suspicions and ha- ton, D.C., office. My email is David. been included in the list. Van Voris rassment of Muslims in the U.S. after [email protected].” practices at GrayRobinson’s Tampa 9/11 and compares the immigrant daniel a. sharp writes: “In June office and specializes in banking and and assimilation experiences of Jews I started as CEO of the Eisenhower finance, corporate, public finance, from Eastern Europe, who came at Foundation, after spending three real estate and securities law. the beginning of the 19th century, weeks traveling throughout Turkey to Somalis who arrived in the 1980s with my wife, Revelle; we loved the 1961 daniel r. swett is the and 1990s. After 40 years in private people and scenery but left more ap- author of a Kindle e-book titled practice, mostly as a union-side la- prehensive about Turkey’s future— “Protecting Religious Diversity to bor lawyer, with an unusual minor I’m happy to tell anyone why in just Achieve National Unity, A Fantasy specialty of doing legal work for the a page—and I then spent a week in Memoir of George Washington.” The Somali and Eritrean governments, I Barcelona advising the World Justice book analyzes Washington’s letters retired in 2008 to write fiction and Project’s Rule of Law Forum III. I to religious groups between 1789 raise golden retrievers.” Ganzglass had designed and coordinated the and 1790. Swett writes, “I believe it’s is now working on a historical novel process for Forum I a few years ago; the first time these letters have ever about the American Revolution, set the Forum’s 500 leaders of 15 profes- been considered as a group in an ac- partially in Cambridge during the sional sectors from over 100 coun- cessible document. It’s an unusual British occupation of Boston. One of tries had launched and completed kind of history book, because George the main characters is an ensign in more than 100 projects to strengthen himself ... provides the narration and the Marblehead Mariners, the first rule of law throughout the world. I analysis.” integrated unit in the Continental continue to advise corporations and Army. other organizations on resilience, 1963 mervyn hecht is the author After a 40-year career as a corpo- and how to prepare, especially for of the e-book “Great Cases I Lost: rate litigator trial lawyer at several Black Swans. At the Eisenhower Thirteen Legal Cases Which Taught large law firms, which included

ASSOCIATED PRESS ASSOCIATED Me Humility,” published in July. He successfully arguing before the U.S. is also the author of “The Instant Supreme Court (Holmes v. Securities THE CLOSER Wine Connoisseur” and “How to Investor Protection Corp., 1991), jack Former Nuremberg prosecutor speaks at fi rst ICC trial Make Money With Stock Options.” samet retired. He has now embarked charles kingson presented upon an encore career as an actor On Aug. 25, benjamin b. ferencz ’43, who served as the Erwin N. Griswold lecture at the and stand-up comedian. His acting a chief prosecutor in the Nuremberg Trials, made the annual meeting of the American Col- credits are listed on IMDb.com, and concluding remarks for the prosecution in the Interna- lege of Tax Counsel in Boca Raton, he has appeared at the Hollywood tional Criminal Court’s fi rst case. Thomas Lubanga is Fla., in January. Kingson’s speech Improv doing stand-up (excerpts can charged by the court’s prosecutor with systematically was based on a course he gives at be seen on YouTube). He writes that recruiting children under the age of 15 to fi ght and New York University and was print- while he may not have been funny as perpetrate brutalities for his militia during the Demo- ed in the Spring 2011 edition of the a trial lawyer, he is having more than cratic Republic of Congo’s fi ve-year civil war. Ferencz, American Bar Association quarterly, his share of fun now, both with his who has been a strong advocate for the establishment The Tax Lawyer. He is author of the new career and with his wife, Helen; of the ICC, told the courtroom, “Let the voice and the textbook “International Taxation,” son, Peter; and two grandchildren, verdict of this esteemed global court now speak for which is experiencing a wider circu- Joshua and Nicole. the awakened conscience of the world.” As a prosecu- lation than he had at first realized. tor in the Nuremberg Trials, Ferencz convicted 22 Nazi He writes, “One of my NYU students 1965 The University of Wisconsin offi cials charged with murdering more than 1 million brought back a copy of my textbook, System Board of Regents elected people. He has written extensively on the importance which had been pirated in China.” michael spector president in June. of a permanent international criminal tribunal to Spector previously served as board ensure enforcement of international law. 1964 martin r. ganzglass wrote vice president and was elected unan- “The Orange Tree” (May 2011), a imously. He was chair and managing ,watch ferencz present his remarks at http://bit.ly/ novel about the friendship between partner of Quarles & Brady’s Mil- bferenczvideo. an elderly Jewish lady residing in a waukee office prior to his retirement nursing home and a young Somali in 2002. He joined the firm in 1966, Muslim nursing assistant who cares and he focused his practice on busi- Foundation, which is linked with for her. Ganzglass writes: “Two years ness counseling and general school his Presidential Library and Mu- after graduating from law school, I law representation, including related seum, our opportunity is to tell the found myself in the Peace Corps in litigation and collective bargaining. story of Ike’s life and accomplish- Somalia serving as legal adviser to ments, highlighting his management the Somali National Police Force. 1966 “This past spring I taught style that made it possible, and that Based on that experience, I wrote Western Business Law at Belgorod should serve as a useful model for a casebook on the Somali Penal State University, located in south- current and future leaders.” Code and numerous articles about western Russia, under the auspices Somalia’s legal system. Currently, of the Center for International Legal 1960 john i. van voris was in- I have close ties with many Somali- Studies based in Salzburg, Austria,” cluded in the 2011 list of “Florida Su- Americans and am active in the So- writes stephen m. honig. “After a

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week of training in Salzburg, I lec- English” (Inkslingers Press, 2011). this summer: “In December 2010, I tured to students in the law faculty A tutor for the SAT, ACT and PSAT, was named chair of the Massachu- on the basics of the U.S. legal system, Proctor is also author, co-author or setts Supreme Judicial Court Task corporate law, securities law, pro- ghostwriter of more than 80 books. Force on Hiring and Promotion in tection of intellectual property and the Judicial Branch by then Chief entrepreneurship. I was accompa- 1967 Strathmore, an arts center Justice Margaret Marshall. The nied by my wife, Laura, who taught a which provides multidisciplinary 10-member task force, all of whom couple of guest lectures on U.S. fam- arts programming at its site in serve pro bono, was charged with ily law, and by son Matthew (age 8), North Bethesda, Md., selected hope making recommendations, first, for - who to my surprise proved that U.S. (ehrlich) eastman to join its board reform of the probation department, kid soccer is the equal of Russian of directors in June. Eastman is chair and then, for the rest of the judicial kid soccer (the neighborhood boys of the employment law group at Pal- departments. The mandate was a “U.S. kid soccer all wanted to be on ‘Team USA’). We ey, Rothman, Goldstein, Rosenberg, direct response to the November is the equal of lived in the dorms with the students Eig & Cooper in Bethesda. 2010 Report of the Special Prosecu- Russian kid (there are 30,000 students at BSU). I richard b. stone was recently tor, which recommended major soccer.” also addressed the judges of the Ar- elected chairman of the Conference disciplinary action and reform. The bitral Court (a nonjury court dealing of Presidents of Major American so-called Ware Report followed the solely with business disputes) on Jewish Organizations. The confer- Boston Globe investigative exposé of traditional and alternate dispute res- ence represents 51 major Jewish orga- alleged patronage hiring in the Pro- olution for U.S. businesses. … There nizations with respect to foreign pol- bation Department, especially based seems a general acknowledgment of icy issues and the security of world on recommendations by powerful difficulties in the Russian rule of law, Jewry. Stone has been a professor at legislators who oversaw the Judicia- shared by both faculty and students, Columbia Law School since 1974, and ry Budget. By the end of July we will but no identifiable proactive agenda from 1990 to 2011 he held the Wilbur have issued four reports to the SJC to attack the problem at the lawyer- Friedman Chair in Tax Law. His eli- recommending significant reforms in ing level, the matter being perceived gibility to be chairman of the Confer- the hiring and promotion processes, primarily as political in nature.” ence of Presidents resulted from his based on highly recommended joel levine is the author of “The chairmanship of NCSJ: Advocates on Human Resources Best Practices. Corruption of Michael Levitt,” a behalf of Jews in Russia, Ukraine, the Thereafter, the task force will serve novel about “a bright but naive ’66 Baltic States & Eurasia. He lives in as an independent overseer for, and graduate of Harvard Law School who New York and has four children. adviser to, the SJC on the implemen- is gradually corrupted by the world tation of our recommendations.” The he lives in,” Levine writes. “As the 1968 marva jones brooks, a reports, including the Ware Report jacket says,” he adds, “this book is corporate partner at Arnall Golden and SJC orders and statements, are for: Anyone who ever just started out Gregory in Atlanta, has retired. After available on the SJC website, http:// anywhere. Anyone who knows, likes being one of the few African-Amer- www.mass.gov/courts/sjc/tf-hiring- or hates lawyers. Anyone who wants ican women in her class at HLS, judicial-branch.html and links. to lose themselves in a decade-long she began her career with Pfizer saga involving hope, fear, ambition, Inc. in New York City and broke 1969 Last winter, paul baier’s sex, friendships, betrayal and the ups new ground for a young and female play “Father Chief Justice” was pre- “The Corruption of and downs of life. … People who en- lawyer when she was appointed sented at the Coolidge Auditorium Michael Levitt” joy laughing at the most peculiar cir- city attorney of Atlanta in 1980. In in Washington, D.C., across from cumstances and appreciate complex private practice, she represented the U.S. Supreme Court. It’s been 14 schemes with totally unpredictable many clients, including Goldman years since the play’s premiere. “We outcomes.” See http://www. Sachs, the 1996 Atlanta Olympics and have reached Mt. Olympus,” Baier thecorruptionofmichaellevitt.com. Delta Air Lines. Brooks has served writes. The play provides a portrait The Dallas Commissioners Court as general counsel or on the board of Supreme Court Chief Justice Ed- appointed michael lowenberg at many institutions, including At- ward Douglass White (1845-1921) at to serve on the Dallas County Trail lanta’s Saint Joseph’s Hospital and some of the most significant stages and Preserve Program board. The Bennett College, and she was chair of his life, including his experiences protected areas include 21 preserves of the National Conference of Bar in the Battle of Antietam. Years later and almost 3,300 acres across Dallas Examiners. The American Bar As- one of his enemies-in-arms from that County. Lowenberg has been general sociation awarded her its Margaret battle would become his colleague on counsel at Gardere Wynne Sewell Brent Award for lifetime achieve- the bench: oliver wendell holmes since 2008 and has been a business ment, and when she retired, her firm jr. ll.b. 1866. Baier played the role litigator at the trial and appellate lev- established the Marva Jones Brooks of Richard Henry James (“Jesse”), a els for more than 40 years. He is ac- Fellowship for Atlanta-area students close friend of Justice White’s. tive as an arbitrator for the American interested in studying law. She and Maryland Court of Appeals Chief Arbitration Association’s Commer- her husband, William H. Brooks Sr., Judge robert m. bell was inducted cial Panel and recently finished three now split their time between their into the Hall of Fame of the National terms as a chairman for the Dallas homes in Atlanta and Hilton Head Bar Association, the nation’s largest County Historical Commission. Island, S.C. African-American bar association, william proctor is author Former Massachusetts Attorney on Aug. 1. Bell has served at every of “Obama Grammar: Using the General scott harshbarger, now level of Maryland’s court system. He President’s Bloopers to Improve Your senior counsel at Proskauer, wrote is the first African-American to serve

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as the Maryland Court of Appeals’ risdiction and civil procedure. The had been a district court judge in the chief judge, a position he’s held since papers will be published in a special First Judicial District of Colorado for 1996. issue of the Northwestern University the previous 13 years, including eight “Black Diamond,” a thriller by Law Review. years as chief judge. Before going on john f. dobbyn ll.m., was recently the state bench, he was a partner in published. Dobbyn’s third book 1971 “Death on a High Floor: the law firm of Holland & Hart in about lawyers Michael Knight and A Legal Thriller,” by chuck Denver, which he had joined as an Lex Devlin, it takes readers into the rosenberg, was recently released associate attorney immediately fol- high-stakes world of international in paperback and Kindle edition. lowing graduation from HLS. horse racing and organized crime The book centers around the mur- william r. sasso was elected to after its protagonists agree to defend der of the managing partner of an the board of trustees of the National a jockey accused of murder during international megafirm. He writes: Constitution Center during its April a race at Boston’s Suffolk Downs. In “In addition to practicing law in the board meeting. The center, located addition to being a writer, Dobbyn is traditional way (30 years of large law in Philadelphia, is an independent, a professor at Villanova University firms before my current three-lawyer nonpartisan, nonprofit organization School of Law; he and his wife live in firm), I was the credited legal script dedicated to increasing public under- Valley Forge, Pa. consultant to a series of prime time standing of the U.S. Constitution and bart friedman was elected to TV shows (‘LA Law,’ ‘Boston Legal’ the ideas and values it represents. chair the audit committee of Lincoln and ‘The Practice’) and, before that, Sasso is chair of Stradley Ronon Center; he previously served as chair to ‘Paper Chase’ when it was a show Stevens & Young in Philadelphia. of the legal committee. Friedman on Showtime. I was also a full-time continues to serve as chair of the on-air analyst for E!’s live coverage of 1973 leonard birdsong recently governance and public responsibility the two Simpson trials. So the novel published a book titled “Professor committee of the board of the Brook- is an outgrowth, to some extent, of Birdsong’s Zany But All True Crimi- ings Institution in Washington, D.C., those experiences. The sequel to nal Law Stories.” He writes: “I had and on the membership committee of ‘Death on a High Floor’ will probably a wonderful legal career wherein the Council on Foreign Relations. He be set in a law school.” I used my law degree to work in is a partner at Cahill Gordon & Rein- the U.S. State Department and the del’s New York City office. 1972 This summer, richard g. Justice Department. Later I had an The Jurimetrics Journal, the pub- buckingham was elected chair of interesting private practice wherein lication of the science and technology the board of governors of McMaster I represented defendants in complex law section of the American Bar As- University in Hamilton, Ontario, federal criminal cases. Since 1998, sociation, recently appointed peter Canada. Buckingham retired from I have been teaching at the Barry d. hutcheon to its editorial board; the practice of law in 2004. He cur- University School of Law in Orlando, he previously served as editor. rently lives in London, England, with Fla., where I specialize in criminal mark weisberg and jean koh his wife, Emily. law and immigration law. Although peters ’82, both longtime law pro- “I received an exciting opportu- I have written a number of scholarly fessors, co-wrote a book titled “A nity to join the Obama administra- articles since joining the academy, Teacher’s Reflection Book: Exercises, tion which enabled me to combine I have recently turned my attention Stories, Invitations” (Carolina Aca- my experience in real estate with my to writing a series of humor books demic Press, 2011). strong interest in government ser- featuring weird and zany criminal vice,” writes david ehrenwerth. law stories that I collect from around 1970 In June, george l. cushing “I initially accepted an opportunity the world.” joined McLane Law Firm’s Woburn, to become a regional administrator Mass., office in its trusts and estates for the General Services Admin- 1974 jeremy fogel writes: “I’ve group as senior counsel. Cushing’s istration—the federal agency that been appointed by the chief justice practice focuses on estate planning essentially acts as the federal gov- of the United States as the direc- and estate administration, including ernment’s real estate developer and tor of the Federal Judicial Center in related income, estate and gift tax civilian purchasing agency. I was Washington, D.C. The FJC coordi- planning; tax return preparation; tax recently appointed to a new national nates research and education for the controversies; and probate litigation leadership position as associate com- federal judiciary and represents the “A Teacher’s Reﬂ ection involving disputes within families missioner of the Public Buildings United States in official exchanges Book: Exercises, or between individuals over the dis- Service, the large division of GSA with the judiciary in other countries. Stories, Invitations” position of property in estates and which is responsible for the federal I’ll be moving to D.C. after 13 years as trusts. He was previously a partner government’s massive national real a United States district judge in San at Kirkpatrick & Lockhart. estate portfolio of about 375 million Jose, prior to which I served on the Northwestern University School square feet. My new assignment California state courts for approxi- of Law recently honored martin involves congressional and industry mately 17 years.” redish, the Louis and Harriet Ancel relations as well and exciting policy charles a. prescott writes: Professor of Law, during a two-day issues. It’s exhilarating work and we “Having been re-elected in 2008 to symposium concerning his schol- have much to do!” another four-year term as the chair arship and career. Scholars from brooke jackson was appointed of the Consultative Committee of around the nation presented papers by president barack obama ’91 to the Universal Postal Union, I have on his scholarship in the fields of the United States District Court for directed the group’s energies to one freedom of expression, federal ju- the District of Colorado on Sept. 1. He of those developmental needs that

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so often go overlooked—in this case, the improvement of society. Hinojosa Present’ (Academic Studies Press, the physical address. The UPU has was chosen by a three-member panel 2011).” launched a campaign styled ‘An Ad- chaired by Justice Sonia Sotomayor dress For Everyone’ which is work- of the U.S. Supreme Court, Judge 1979 On June 2, amy berman ing to bring a physical address to the Robert A. Katzmann of the U.S. jackson was formally sworn in as “The UPU has 60 percent of the world which does Court of Appeals for the 2nd Circuit a U.S. district judge for the District launched a not have one. It is not an exaggera- and Senior Judge Marvin E. Aspen of of Columbia. She was nominated campaign styled tion to say that without an address, the U.S. District Court for the North- by president barack obama ’91 ‘An Address For one does not exist. One cannot vote, ern District of Illinois. President in June of 2010 and unanimously Everyone’ which buy a mobile phone, open a bank Reagan appointed Hinojosa to the confirmed by the Senate in March of is working to account, get credit, go to school, get U.S. District Court for the Southern 2011. Several members of the bring a physical a passport. … In addition to this proj- District of Texas in 1983, and he has HLS Class of ’79 were in atten- address to the ect, I maintain a practice assisting served there as chief judge since dance—terry leahy, steve reed, 60 percent of smaller companies with a variety of 2009. tom shoesmith, and steuart the world which corporate needs, primarily around “In July, together with two of my thomsen—and merrick b. does not have privacy, marketing and international sons, I climbed Mt. Kosciuszko [in garland ’77, of the U.S. Court of one.” business issues. I also publish a Australia], the last of the seven con- Appeals for the District of Columbia newsletter cleverly and modestly tinental high points I’ve climbed,” Circuit, administered the oath. styled The Prescott Report, which writes brent manning. “Kosciuszko david unkovic recently joined reports on highly effective market- is the shortest and easiest of the con- the administration of Gov. Tom Cor- ing campaigns, international postal tinental high points. It nevertheless bett as chief counsel of the Pennsyl- developments, and privacy and data was a bit of an adventure with high vania Department of Community and protection. Finally, I have launched a winds and difficult snow conditions. Economic Development in Harris- new nonprofit trade association, the Having two sons along added to the burg. Unkovic has had more than 30 Global Address Data Association, sport of it. My first high point was years of experience in public finance, which is working to make postal Everest in 1990. Climbing the seven primarily as bond counsel on tax- address data more widely available summits was not a goal, but since I exempt financings for local govern- on fair, transparent, and equitable had climbed five of them in 35 years ments, authorities, school districts terms to businesses and government of climbing, I decided to finish Ant- and nonprofit corporations. offices.” arctica in January and Australia in The Council of American Ambas- July. All were great adventures.” 1980 hope reisman sheffield sadors elected abelardo l. valdez reports that fulfilling a longtime ll.m. president in August. Valdez, 1976 sheila jasanoff is editor dream, she recently wrote her first who practices international law in of “Reframing Rights” (MIT Press, mystery. “Blood Mother” features de- Washington, D.C., and San Antonio, 2011), a series of case studies explor- tective Meredith Bennett, a middle- served as the U.S. ambassador and ing the evolving relationship of biol- aged prosecutor attempting to bal- Mt. Kosciuszko, chief of protocol for the White House ogy, biotechnology and law. She is ance career and motherhood Australia from 1979 to 1981. The council’s goal the Pforzheimer Professor of Science after her husband leaves her for a is to educate the public on interna- and Technology Studies at Harvard much younger woman. Sheffield tional issues and prepare the next University’s Kennedy School of Gov- has lived on Chicago’s North Shore, generation of young leaders for ca- ernment. where the action of the book largely reers in diplomacy and international chris jones-pauly is author, takes place, for the last 30 years, affairs. with Abir Dajani Tuqan, of “Women while raising five children with her Under Islam: Gender, Justice and the husband, jeffrey sheffield ’79. 1975 On Sept. 27, edward m. Politics of Islamic Law” (Palgrave richard p. swanson was in- dunham jr., a senior member of Macmillan, 2010). ducted as a member of the New York Kleinbard Bell & Brecker’s insurance County Lawyers’ Association in May. coverage and risk management prac- 1977 constance e. bagley, Swanson is a partner in Arnold & tice group in Philadelphia, spoke at professor in the practice of law and Porter’s litigation and corporate and the American Conference Institute’s management at the Yale School of securities practices in the New York 5th Annual Advanced Forum on Management, is author of “The City office. Cyber & Data Risk Insurance, held Entrepreneur’s Guide to Business in New York City. Dunham is the Law,” which was just issued in its 1982 primary architect of Frigate, a cyber- fourth edition (co-written with Craig 30th Reunion April 20-22, 2012 risk assessment program. Dauchy). Bagley was awarded an The American Judicature Society honorary doctorate in economics by The Pennsylvania Board of Law awarded Chief U.S. District Judge Lund University in Sweden in recog- Examiners reappointed stuart w. ricardo hinojosa of the Southern nition of her pioneering work in the davidson vice chair for a second District of Texas with the Edward field of law and management. three-year term. Under the auspices J. Devitt Distinguished Service to henry d. fetter writes, “My of the Supreme Court of Pennsylva- Justice Award. The award recognizes essay ‘Meritocracy and Its Limits: nia, the seven-member board empha- Article III judges whose careers Harvard, Yale and Columbia Law sizes the importance of professional have made significant contributions Schools before the Second World responsibility and character in the to the administration of justice, the War’ has been published in ‘Anti- legal profession, and evaluates the advancement of the rule of law and semitism on the Campus: Past and likelihood of an aspiring lawyer’s

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ability to uphold and commit to the 50th anniversary gala in May. Cor- Cancer Research at MIT. standards of the profession. David- man is a shareholder at Greenspoon The Brennan Center for Justice at son is a partner at Willig, Williams & Marder and handles matters relating New York University School of Law Davidson’s Philadelphia office. to business litigation, labor and em- announced that john f. kowal has jean koh peters is co-author ployment law, real estate litigation, been named vice president of pro- with mark weisberg ’69 of the new contracts, civil rights litigation and grams. Kowal is responsible for co- book “A Teacher’s Reflection Book: constitutional law. ordinating and guiding the organiza- Exercises, Stories, Invitations” (see The ABA’s international law section’s programmatic work, including note on P. 52). tion appointed patrick del duca its Democracy, Justice, and Liberty barbara moses became co-chair of its Mexico Committee and National Security Programs, as president of the New York County from 2011 through 2012, its liaison well as its Washington, D.C., office. Lawyers’ Association Foundation to the Consiglio Nazionale Forense The Brennan Center for Justice is a in March and was inducted as presi- (Italy’s national bar association) and nonpartisan public policy and law dent-elect of the NYCLA in May. She a member of its Europe Committee’s institute that focuses on issues of is counsel at Morvillo, Abramowitz, steering group. Del Duca is a partner democracy and justice. Grand, Iason, Anello & Bohrer’s New at the Los Angeles office of Zuber & kerry walsh skelly was named York City office, where she handles Taillieu and has been an adjunct pro- director, Corporate Affairs for Eu- complex business disputes in state fessor at UCLA Law School. rope, the Middle East, and Africa and federal courts nationwide, in for Brown-Forman Corp., one of the arbitration, and in administrative 1984 The Center for American and largest American-owned spirits and proceedings. International Law elected barry wine companies. Now based in Paris, This spring, daniel ybarra led barnett as a trustee in June. Barnett she has been with Brown-Forman a group of 11 San Diego-area youths has handled complex commercial since 1993 and has held many posi- on a trip to Kauai, Hawaii, where cases at Susman Godfrey since 1985. tions throughout the company. they assisted Habitat for Humanity He has a daughter, Caroline, and a in building two houses. The trip was son, James, and lives in Dallas. 1986 glenn ivey joined Venable They assisted organized by Stony Knoll Youth Ser- alton j. hall jr. joined Cozen law firm in Washington, D.C., as a Habitat for vices, a program founded by Ybarra O’Connor’s Houston office as a partner in the SEC investigations Humanity in in 2001. The organization primarily member in the litigation practice, and white-collar defense group. Ivey building two draws participants from San Diego where he represents both public- and focuses on representing clients in houses. County Superior Court’s Juvenile private-sector entities in complex white-collar criminal defense, in gen- Delinquency Drug Court, where commercial cases, environmental eral civil litigation, and on Capitol Ybarra is an attorney. It also includes and toxic tort litigation, and regula- Hill. He is also an adjunct professor children in the foster-care system tory matters. He also serves on the at University of Maryland School and economically disadvantaged Na- board of directors. Hall has served of Law and co-founder of Project tive Americans. Ybarra has also led on the City of Houston Mayor’s Task Safe Sunday. Ivey recently served as similar trips to Alaska and New Zea- Force for Electric System Reliability, chairman for the National Kidney land. The program is funded through the Texas Committee for Legal Ethics Foundation’s third annual Prince donations, including contributions and Professionalism, and the board George’s County Kidney Walk. from Ybarra’s former classmates at of directors of the Gulf Coast Legal HLS. Ybarra writes: “We are now Foundation. 1987 starting our fundraising for a trip to The UJA-Federation of New York 25th Reunion April 20-22, 2012 Germany, where 15 of our kids will honored david j. sorkin in June at work on a small farm and on local the 12th Annual Stephen E. Banner the rev. john j. coughlin, Uni- community service activities. I am al- Corporate Counsel Event in Manhat- versity of Notre Dame Professor of ways looking for trips that will chal- tan. Sorkin has served as general Law and Concurrent Professor of lenge their imaginations and inspire counsel and member of Kohlberg Theology, has completed his second them to look beyond what they have Kravis Roberts & Co. since late 2007. book, “Law, Person, and Commu- been raised to believe is possible.” He practiced law for 22 years at nity: Philosophical, Theological, and Simpson Thacher & Bartlett in New Comparative Perspectives on Canon 1983 In May, david r. cohen York City. He has two children, Leah Law,” which will be published by joined the Pittsburgh office of Reed and Daniel. Oxford University Press in February. Smith as a partner who now leads its He is also the author of “Canon Law: newest practice group, focusing on e- 1985 janis (koehler) fraser A Comparative Study with Anglo- discovery and records management. has been named a Massachusetts American Legal Theory” (Oxford Cohen previously served as co-chair Lawyers Weekly 2011 “Top Woman University Press, 2010). Coughlin of the e-discovery and technology of Law.” Fraser, a partner at Fish & was ordained a Roman Catholic “Canon Law: A analysis practice group at K&L Richardson, has provided strategic priest in 1983, before attending Comparative Study Gates. He focuses his practice on patent advice to clients ranging Harvard Law School. He received a with Anglo-American complex commercial litigation, e-dis- from startup biotech companies to Doctor of Canon Law degree from the Legal Theory” covery, automated litigation support multinational pharmaceutical corpo- Pontifical Gregorian University in and records management issues. rations to academic institutions for Rome in 1994. The South Palm Beach County more than 20 years. She also serves ronald d. kerridge joined Bar Association appointed larry on the leadership council of the Da- Jackson Walker’s Dallas office as a corman president-elect during its vid H. Koch Institute for Integrative partner in August. Kerridge’s prac-

54 harvard law bulletin winter 2012

48-65_HLB_Winter12_05.indd 54 11/11/11 6:38 PM PROFILE TO START A LEGAL SERVICES ORGANIZATION, JENNY BRODY ’81 ASKED FOR VOLUNTEERS

Strength in Numbers

“DO YOU HAVE a law degree you’re not using?” So began a January 2008 posting on Washington, D.C., listservs to attract lawyers for the DC Volunteer Lawyers Project, a nonprofi t legal services organization begun by Jenny (Sternbach) Brody ’81. After 15 years at home with her three children, Brody re- entered the courtroom, this time taking pro bono cases in family law. She met Marla Spindel and Karen Barker Mar- cou, two attorneys who had followed a similar path after having children. Each had quickly discovered the logisti- cal and fi nancial challenges facing an individual doing pro bono work: expensive malpractice insurance, a lack of offi ce space for meeting with clients and a lack of support. They knew there must be a better way. “When we fi rst started, we thought we would eventually have 10 attorneys and do 20 WHEN BRODY FIRST STARTED THE DC VOLUNTEER cases,” Brody said. Instead, 30 interested lawyers showed up to the fi rst meeting, most of them mothers in a similar stage of life. They LAWYERS PROJECT, SHE IMAGINED EVENTUALLY also found an untapped resource in laid-off associates eager to keep up their skills. ATTRACTING 10 ATTORNEYS; IT NOW HAS 430. Soon, the organization had acquired a group malpractice policy, rented space in a shared offi ce—which gave volunteers access to a business address for pleadings, conference rooms for client meetings and a telephone answering service—and established an online legal DCVLP lawyers also work extensively in guardian ad litem cases, library. By the end of 2010, they had provided more than 14,000 hours immigration law cases and custody cases for prior domestic violence of free legal services across 411 cases, primarily in the area of family clients. Although Brody now takes on fewer cases herself and misses law. They now have 430 volunteer lawyers. working with clients, she is intent on growing the organization. The Petitions for civil protection orders for domestic violence victims nonprofi t’s $250,000 annual budget is derived solely from private constitute the majority of the organization’s work. “The conse- donors and grants. Brody hopes to increase it through more fund- quences of not being represented can literally be life and death,” raising so that they can hire more part-time supervisory attorneys, Brody said about these clients. The need in this area is immense: which would allow volunteers to take on more cases. She and her DCVLP takes between two and four cases a week, but 20 victims co-founders would also love to help lawyers in other cities replicate come through the D.C. Superior Court intake center each day. “We their model. have cases involving really horrifi c abuse—clients who have been For the clients of DCVLP, there is no doubt about the difference stabbed, choked, or pummeled while pregnant and suffered a miscar- the organization has made in their lives. “Thank you for not handling riage,” Brody said. “It is actually inspirational to work with clients my case with a cookie-cutter approach,” wrote a client in a successful who have come to a point of wanting to stop the abuse, and to help protection order case. “I am grateful and thankful for this service for them and their children create a new life.” [domestic violence] victims.” —elizabeth chiles shelburne

Photograph by chris hartlove winter 2012 harvard law bulletin 55

48-65_HLB_Winter12_05_r1.indd 55 11/15/11 3:08 PM class notes

tice focuses on two areas. He works for Women - NYC recognized he heads the company’s worldwide on tax controversies, representing lesley (friedman) rosenthal and intellectual property group. clients before the IRS on a wide va- sung-hee suh ’90 with its Women Novelist ayelet waldman and riety of federal income tax issues. He of Power & Influence Award in June Robin Levi compiled and edited “In- also is involved in transactional tax during a dinner in New York City. side This Place, Not of It: Narratives matters, emphasizing corporate and The award recognizes women who from Women’s Prisons ” (McSwee- acquisition-related tax planning mat- have made their mark as role models ney’s, 2011). ters involving taxable and tax-free for aspiring professionals. Rosenthal transactions for both publicly traded is vice president, general counsel and 1992 and privately held clients. secretary of Lincoln Center for the 20th Reunion April 20-22, 2012 a. ross pearlson joined Wolff & Performing Arts, where she manages Samson’s West Orange, N.J., office as the legal department, pilots media “What did Jesus do between the ages a member and serves as co-chair of and real estate deals, and counsels a of 12 and 29?” That is the question at the litigation group. Pearlson served 67-member board. Suh is a partner the center of “The Breath of God,” as assistant U.S. attorney in the East- at Schulte Roth & Zabel’s New York a debut suspense novel by jeffrey ern District of New York from 1990 City office, where she focuses her small (West Hills, 2011). The quest through 1994 and for this received practice on the areas of white-collar for the answer takes the novel’s the Director’s Award from Attorney criminal defense and securities protagonist to the Himalayas, where General janet reno ’63 for “sus- regulatory enforcement, internal in- he runs up against those who are tained superior performance.” He vestigations, anti-money laundering desperate to keep the truth under previously practiced at Sills Cummis compliance and complex commercial wraps. In addition to his law degree, & Gross for 17 years. litigation. Small earned a master’s in the study © Global Legal The Hospital for Special Surgery of religions from Oxford University. Education Forum 1988 The American Jewish Com- in New York City named deirdre He is the CEO and founder of MDH Harvard Law School mittee awarded craig c. martin stanley to its board of trustees in Partners, an Atlanta-based commer- March 23-24, 2012 with the Judge Learned Hand Hu- July. Stanley is executive vice presi- cial real estate investment and devel- man Relations Award during a din- dent and general counsel at Thomson opment company. A conference ner in his honor in Chicago in March. Reuters, where she is responsible co-sponsored Martin was honored with this award for the legal function of the com- 1993 ellen chubin epstein by the Harvard in recognition of his professional pany and its subsidiaries and for its writes: “I’m delighted to announce Law School accomplishments and dedication to government and regulatory affairs that my husband, David, and I wel- S.J.D. Students philanthropic and civic endeavors. function. She is also a member of its comed our second child, Abigail Association Martin was also named chairman of executive committee. Sarah, on Aug. 17, 2010. Abigail and the Harvard the board for the Boys & Girls Clubs joins big brother Max, who enjoys Law School of Chicago in July. He is a partner at 1990 The Law Society of Upper entertaining his baby sister with pre- Graduate Program, Jenner & Block, where his practice Canada awarded cynthia petersen school witticisms. I continue to work on the 100th focuses on complex civil and com- ll.m. the Law Society Medal in May. full time as an assistant U.S. attorney anniversary of the mercial litigation, and he is serving Recognized for her work to pro- in D.C. in the Fraud and Public Cor- HLS S.J.D. program as co-chair of the 2012 ABA annual mote human rights and advance the ruption section.” meeting in Chicago. equality rights of the lesbian, gay, The Association of Black Women For more adam ruttenberg was hon- bisexual and transgender communi- Attorneys honored kim rucker with information, ored with the Boston Bar Associa- ties, Petersen, along with seven other its Ruth Whitehead Whaley Award contact Lisa Kelly: tion bankruptcy section’s Special lawyers, received this honor during for Professional Achievement at the [email protected]. Achievement Award for his efforts in a ceremony in Toronto. She is a part- organization’s 35th Anniversary Gala harvard.edu or connection with changes to consum- ner at Sack Goldblatt Mitchell, where in June. Rucker was also named a Daniel Vargas: er finance regulations, which yielded she practices charter litigation and “General Counsel to Watch” in Cor- [email protected]. significant reforms by the Attorney labor law for unions, specializing porate Board Member magazine’s harvard.edu. General’s Office. Ruttenberg focused in human rights in the workplace, legal edition. As senior vice presi- on determining which corrective including advocacy for disabled dent, general counsel and corporate measures would protect consumers workers. secretary of Avon Products, Rucker from the use of modern technologies In July, john rhodes wrote, directs all of the company’s legal op- in debt collection activities—voice- “Sloan Elizabeth Rhodes joined her erations. mails, cell phone calls, text messag- three siblings on April 16, and the es—by creditors who crossed the line entire family and I are immensely en- 1994 james m. delaplane jr. into unfair and deceptive practices. joying [my] three months of parental joined the investment management Under his leadership, the Consumer leave this summer.” firm Vanguard Group in September Finance Working Group proposed and leads its government affairs of- reform for changes to specific rules 1991 horacio gutiérrez ll.m. fice in Washington, D.C. Delaplane to better protect consumers, eight of joined Harvard University’s Board was previously a partner at Davis which were adopted by the attorney of Overseers Committee to Visit the & Harman, where he represented general, Martha Coakley. Ruttenberg Harvard Law School. Gutiérrez is financial institutions, employers, is a partner at Looney & Grossman corporate vice president and deputy and public policy organizations on in Boston. general counsel at Microsoft Corp.’s employee benefits, tax, and finan- Legal and Corporate Affairs Depart- cial services matters before the U.S. 1989 The National Organization ment in Redmond, Wash., where Congress and the federal executive

56 harvard law bulletin winter 2012

48-65_HLB_Winter12_05.indd 56 11/11/11 6:38 PM PROFILE HARRY BADER ’88 AT THE NEXUS OF NATURAL RESOURCES, CONFLICT AND SOCIOECONOMIC JUSTICE

Force of Nature

HARRY BADER ’88 jokes that he is proceeding ever so slowly toward getting his Ph.D. at the Yale School of Forestry & Environmen- tal Studies. He has a good excuse, however. “Three wars and other things have interfered with my progress,” he says. Bader has traveled to some of the most dangerous locales in the world, including Bosnia, Iraq and Afghanistan, in an unusual hybrid of environmental and counterinsurgency work. The fi rst person hired by and trained for the Offi ce of Civilian Response of the U.S. Agency for International Development, which deploys civilian experts to confl ict areas, he recently returned from his second six-month stint in Afghanistan. There, he worked on behalf of the Natural Resources Counterinsurgency Cell, a joint civilian-military operation seeking to “deny the enemy human and fi nancial capital derived from the exploitation of natural resources,” as he describes it. In Afghanistan, he found that insurgents would sell natural resources, particularly timber in mountainous regions, in order to fi nance their operations. As part of that effort, they attempted to recruit men who could infl uence their community to rally around the insurgency. In response, the NRCC worked with local people to identify and train these infl uencers in ways to improve their community, such as by building dams to protect villages from fl oods, with the idea that taking on such responsibility would drive them away from the insurgency. “We targeted these individuals with the opportunity to lead and obtain respect in a manner that was different from the insurgents but provided the same incentives,” Bader says. “It’s not about money. It’s about the exercise of wisdom and judgment and character.” While he facilitated such development projects for the civilian component of the operation, he also mentored military platoons and leadership in noncombat counterinsurgency efforts. That work exposed him to ambushes and fi refi ghts while he accompanied military units on patrol. He says that such attacks are simply part of the business he’s in. Though he was unarmed, he was extremely well-trained ENVIRONMENTAL COUNTERINSURGENCY WORK for such “kinetic environments,” he says. Those environments have been a part of his life ever since he was HAS TAKEN BADER TO SOME OF THE WORLD’S a student at Harvard Law, when he traveled to El Salvador during the civil war to assess whether land reform and a lack of natural MOST DANGEROUS PLACES. resources were affecting recruitment and support for the FMLN insurgent group. It was his fi rst taste of an environmental security fi eld on which he would later focus. he doesn’t want to discuss because information he collected may “The nexus of natural resources, confl ict and socioeconomic jus- be used in ongoing prosecutions. Despite that incident and others tice is just fascinating,” he says. “There’s no shortage of where those in which his life was in peril, he downplays the dangers involved in three things come together.” his work, saying that his friends in Alaska do far more daring and After graduating from HLS, he became a professor of resource dangerous things, like mushing, hunting grizzly bears and climbing policy at the University of Alaska Fairbanks, in a state that has held mountains. his imagination since he was a small boy growing up in the Midwest He still maintains a home in Alaska while based at USAID head- reading Jack London tales. While teaching, he also took to the fi eld, quarters in Washington, D.C. Before starting with the Offi ce of Civil- including a trip to Rwanda with graduate students to examine ian Response, he had established his own consulting fi rm specializ- how natural resources could benefi t itinerant populations in the ing in resource management issues in challenging environments. He aftermath of the genocide. In Bosnia, he was captured and tortured called it the Betula Group, named after a genus of the birch tree that by Serbian forces while pursuing ways to detect mass graves in spreads from the equator to the poles. It will spring up just about forests, according to an account in The New York Times, an incident anywhere, and so will he. —lewis rice

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branch agencies. civil rights issues and the legal com- time for a change,” wrote alan tse in jason a. levine was recently munity in New York. Ellner said, “I July. “I just accepted the position of recruited as a partner at Vinson & know firsthand how hard [Michael] executive vice president and general Elkins in Washington, D.C. With worked for LGBT rights. I can only counsel of Churchill Downs Inc. In more than 15 years of trial experi- think of how excited he would have addition to the Kentucky Derby, the ence, Levine has served as lead coun- been about this win.” company owns other racetracks, sel to major corporations. He was david elsberg and natalie several casinos, and a cable TV net- recently the lead trial lawyer for a holme elsberg ll.m. ’97 welcomed work and operates the largest legal Panamanian real estate holding com- a daughter, Adrienne Holme Elsberg, online gaming operation in the U.S., pany in a $50 million breach of con- on Sept. 13, 2010, sister to Laura and so it’s an exciting challenge for me, tract lawsuit against the U.S. State Benjamin. one which I am definitely looking Department. A legal commentator, jonathan goldstein co-wrote forward to. With that said, the tim- Levine is author of “A New World of “Horrible Bosses,” a comedy starring ing is horrible—we are expecting our Discovery,” published in Corporate Kevin Spacey, Jamie Foxx, Colin Far- second child in August, so Erin and Counsel magazine in April, and in rell, Jennifer Aniston and Jason Bate- the family will stay in San Diego until July he participated in a roundtable man that opened in July. early next year while I commute to “Horrible Bosses” discussion about legal trends which Louisville from San Diego—but this appeared in the October edition of 1996 ethan j. brown joined Spill- is an opportunity that I just couldn’t SmartCEO. ane Weingarten’s Los Angeles office turn down.” In September, raye mitchell, as a partner in August. His practice founder of the nonprofit Making a focuses on complex business litiga- 1998 robert friedman writes: New Reality Foundation, hosted the tion, including securities litigation, “In August, I left large law firm life third G.U.R.L.S. Rock Leadership accountants’ liability, internal inves- to found my own firm, Friedman Summit for Girls of Color—Closing tigations, SEC enforcement actions, P.A., in Palm Beach, Fla. The new the Leadership Training Gap. In insurance coverage litigation and firm focuses on counseling corpo- 2007, Mitchell left her private law consumer class-action defense. rate policyholders with complex firm to focus on empowering girls e. b. “chip” chiles iv was recog- insurance coverage issues, as well as (8-18). “We need to change the con- nized in “Chambers USA’s Guide to representing corporations and non- versation about how we define and America’s Leading Lawyers” in the profits in coverage litigation against engage girls as leaders. Their story area of general commercial litigation their insurers. In July, my wife, Ruth, is not all negative statistics,” said for 2011. Chiles is a managing mem- our three kids (ages 7, 5 and 3), and I Mitchell when she launched the ber of Quattlebaum, Grooms, Tull & moved into a new home that we built G.U.R.L.S. Rock Leadership Program Burrow in Little Rock, Ark. in West Palm Beach.” in 2010. This year, joshua groban was On July 23, jack smith and Katy 1997 appointed senior adviser to Gov. Chevigny were married on the banks 15th Reunion April 20-22, 2012 Jerry Brown of California and was of the St. Lawrence River in upstate married to Deborah Schoeneman, a New York by the Honorable Nicholas francis botchway ll.m., an as- writer in Los Angeles. G. Garaufis. Smith is serving as the sociate professor at Qatar University “Reimagining Japan: The Quest chief of the public integrity section College of Law, received the school’s for a Future That Works,” edited by of the U.S. Department of Justice in Excellence in Research Award. brian salsberg, Clay Chandler and Washington, D.C., where the couple megan p. davis was inducted as Heang Chhor of McKinsey & Co., was lives. a member of the New York County published this year by VIZ Media. Lawyers’ Association in May. Davis This collection of essays explores 1995 Human Rights Campaign is of counsel at Flemming Zulack the problems with Japan’s current Senior Strategist brian ellner, who Williamson Zauderer’s New York economic model, looking, in particu- worked to bring about the passage of City office, where she practices pri- lar, at the need for greater openness, New York’s same-sex marriage leg- marily in the areas of commercial diversity, innovation, and willing- islation, spoke at the annual Michael litigation and appeals. ness to change—and offers detailed Diehl Civil Rights Forum, in New rob simmelkjaer joined NBC solutions. York City on July 25. Ellner described Sports Group this September, as Boston University honored david Described how how the campaign built support for senior vice president, NBC Sports i. walker with its Metcalf Award for the campaign the law by addressing the concerns Ventures. He leads the NBC Sports Excellence in Teaching during com- built support of opponents and by enlisting ce- Ventures unit and is responsible for mencement exercises in May. Walker for the law by lebrities, the private sector and con- leading international business devel- is a professor at BU School of Law, addressing the stituents from throughout the state opment for the NBC Sports Group. where he teaches taxation, corporate concerns of to speak out in favor of marriage Simmelkjaer most recently served law, law and economics, and the eco- opponents equality. The forum, hosted by Fried, as ESPN’s vice president of interna- nomic structure of deals. He joined Frank, Harris, Shriver & Jacobson, is tional development and corporate the faculty in 2002. named in honor of michael diehl projects. Before that, he was an an- In July, jeff walker ll.m. be- ’97, who died in a swimming acci- chor/correspondent for ABC News came assistant dean for transnational dent in 1999. Diehl was committed to Now and ABC Newsone. programs and adjunct professor at advocating for LGBT rights, and the “After six years in sunny San Di- St. John’s University School of Law in forum was created to promote dia- ego, I just couldn’t stand the perfect Queens, N.Y. He recently left his posi- logue between prominent leaders on weather any longer and decided it’s tion as managing partner of BlueLaw

58 harvard law bulletin winter 2012

48-65_HLB_Winter12_05.indd 58 11/11/11 6:38 PM PROFILE TOPE LAWANI ’95 IS INVESTED IN AFRICA, AND SO IS THE EQUITY FIRM HE HEADS

The Proof Is in the Returns

BY THE TIME Tope Lawani ’95 started law school, he knew he would not likely spend his career practicing law. Already the impact of his Nigerian childhood and a captivation with investment markets had planted the seed of an idea that would eventually pull him back to his homeland in hopes of reaping great returns for investors—and for Africa itself. Lawani is one of the two principals of Helios Investment Partners, a London-based equity fi rm focused exclusively on private investment in Africa. The fi rm has managed $1.8 billion in capital invested in more than 30 countries, primarily in sub-Saharan Africa. The continent has historically been reliant on investment from development fi nance institutions, which are backed by states with developed economies and fi nance investments that specifi cally promote development. But Africa has become increasingly attractive to private investors because they can earn higher returns for less than commensurately higher risks, Lawani said. He has built a portfolio refl ecting the rapidly changing socioeconomic landscape of Africa. Sectors include media, telecommunica- tions and banking. Among the limited partners in Helios’ funds are global investment funds, corporate entities, high-net-worth individuals and development fi nance institutions. It might be an understatement to call Lawani’s educational background well-rounded: He received his bachelor’s degree in chemical engineering from MIT, studied law at Harvard and stayed to earn his M.B.A., moving down the diffi culty curve as he went, he joked. He fi rst fell in love with markets when he deferred law school for a year and worked for Disney analyzing potential acquisitions and business lines. Later, in San Francisco at Texas Pacifi c Group, Lawani invested AT THE HELM OF AN AFRICA-FOCUSED EQUITY fortunes in North America, Latin America, Western Europe and Asia. But never in Africa. FIRM, LAWANI WANTS TO DEBUNK THE MYTH Yet from abroad and on visits home, he watched the changes— including the spread of democracy, the growing privatization of vari- THAT AFRICANS CANNOT DO FOR THEMSELVES. ous sectors, and the advent of information technology. At the same time, he said, traditional world markets were becoming more competitive; returns were harder to obtain. opportunities. You become aware of how much good fortune plays But for Lawani, convincing an employer to invest in Africa wasn’t a role in life. When you are among those who won the lottery … it’s enough. In 2004, he and Babatunde Soyoye, also a native Nigerian, important to use those capabilities to the best of your abilities. chose to be at the helm of an enterprise of their own, so they “If your desire (which mine is) is to see meaningful and sustained launched Helios. improvements in the socioeconomic status of Africa,” he added, “you “I don’t believe in small things. I believe in trying to do big things,” get there by mobilizing signifi cant amounts of private-sector capital. said Lawani, 41, who lives in London with his wife and three children. If you can do that, you will get a virtuous cycle of more capital going Moreover, he was seeking returns other than just fi nancial ones. to more interesting causes and creating more jobs.” His goal, beyond making money for his investors, was to help trans- But managing equity in Africa has challenges, Lawani said. “You form the continent. need to work harder to ascertain the value of a company.” There are Lawani grew up in the Nigerian city of Ibadan, as one of four sons fewer shortcuts, less data. “You need to be a better investor.” in a well-to-do family. A top-of-the-line education and comfortable There are also historical misperceptions, he said, not the least of life would be his if he worked hard, yet the chasm between his expe- which is the notion that Africans cannot do for themselves. One of rience and that of most Africans never escaped him. his personal challenges is to debunk that myth. You are surrounded, he said, by “people who have every bit as And the proof, he said, will be in the returns. “The beauty of the much talent and are every bit as hardworking as you, but for some investment business is that the truth always comes out.” reason, accident of birth or whatever, they end up with fewer life —natalie singer

winter 2012 harvard law bulletin 59

48-65_HLB_Winter12_05_r1.indd 59 11/15/11 3:11 PM class notes

ing Commission beginning in July national public defender. He first 2011 and ending in July 2015. He joined the Public Defender’s Office joined eight other members of the in 1997 as an attorney in its Tel Aviv commission to interview circuit and office. He had been the organization’s county court applicants and make deputy head for the last seven years. recommendations for judicial appointments to Gov. Scott. Fridman 2001 The National Association of is a partner at Holland & Knight’s Women Lawyers installed kristin Miami office. sostowski as a member at large of its executive board in July. She serves 2000 The Defense Research In- on the organization’s program com- stitute (an international bar organi- mittee and was awarded its Virginia zation) awarded chris campbell S. Mueller Outstanding Member its G. Duffield Smith Outstanding Award in 2010. Sostowski is a direc- Publication Award for his article tor in the Gibbons employment and “Sacking the Monday Morning Quar- labor law department in Newark, N.J. terback: Tackling Hindsight Bias in Failure-to-Warn Cases.” This award 2002 honors the best defense-related legal 10th Reunion April 20-22, 2012 DISPATCH FROM HAITI publication of the year. Campbell is “We Won’t Return the Same as When We Left” a partner at DLA Piper’s New York jessica k. lowe, who is currently City office, where he represents do- working toward a Ph.D. in Ameri- In September, sarah carlson ’07 and kobelah mestic and international companies can history at Princeton University, bennah ’08 sent this update: “This past April, we left in mass tort litigation and product received an Association of Princeton our Big Law jobs in Manhattan, got married and moved liability matters. He lives in New Ca- Graduate Alumni Teaching Award into a tent in Haiti. The organization we joined allowed naan, Conn., with his wife, Tammy, in May. Lowe studies 18th- and early us to work with our hands, making water ﬁ lters, build- and their 2-year-old son, Liam. 19th-century American legal history ing schools and clearing rubble alongside a mostly rajib chanda writes that he and specializes in the history of the Haitian team. We’ve met heroes and made lifelong married Kathleen Margaret Legg American South. friends. Many of the internationals arrived with only a of Binghamton, N.Y., on July 9 in omar mondragón-lópez ll.m., backpack of essentials and a desire to help. Most of the Portsmouth, R.I. “bill frick was partner at Mondragón OpenLaw, Haitians were there with only a desire to help. the best man, and parth chanda Abogados & Consultores (www. “One example of Haitian compassion that we’ll ’04 and travis wolfinger were openlaw.com.mx) in Mexico, was never forget occurred one morning when a Haitian groomsmen. Other HLS alumni in at- named Trial Attorney of the Year woman saw Sarah struggling to wash her clothes by tendance included arunabha bhou- 2011 by the Council of Bars and At- hand. It was over 90 degrees, muggy, and it was the mik ’04, abe cable, marc carmel, torneys’ Associations from the State lady’s lunch break. With a smile and a kind word, she sheila heen ’93, daniel hirsch of Morelos, in recognition of his ad- bent down to help and teach Sarah during her entire ’81, richard lorenz, raj marpha- vocacy and leadership in commercial break. She refused remuneration, preferring to hand tia ’88 and john richardson ’92.” litigation. He was honored at a July scrub the clothes in a soapy bucket, intermittently Chanda is a partner at Ropes & Gray, reception in Cuernavaca, where Gov. peppered with falling sweat. As another Haitian friend and Legg is the senior social media Marco Antonio Adame Castillo pre- put it, she just wanted to help us because we came to and mobile manager for the Demo- sented the award. Before co-founding help her; it’s the Haitian way. cratic Party. The couple resides in his firm in 2006, Mondragón-López “This and many other experiences have been trans- Bethesda, Md. worked for the international arbi- formational; we won’t return the same as when we left. kwame j. manley joined the tration departments of Freshfields Instead, we’ll start our new lives together in Atlanta D.C. office of Patton Boggs as a part- Bruckhaus Derringer in Paris and with a new perspective and drive to do good.” ner in 2011. He focuses his practice Uría Menéndez in Madrid. From Atlanta, Bennah and others plan to establish a on white-collar criminal matters, In May, Sard Verbinnen & Co. social justice organization in the new year, and Carlson internal and government investiga- promoted renee soto to managing will “discern to become an Episcopal priest.” tions, and complex civil litigation. director in the firm’s New York City Manley was formerly an assistant office. Soto joined Sard Verbinnen, U.S. attorney, defending individuals a strategic corporate and financial International, an international law and companies in money launder- communications firm, in April 2005 and development firm he founded ing, mail, and wire fraud cases, and and has represented clients in a in 2004. in investigations under the Foreign broad range of transactions and spe- Corrupt Practices Act. cial situations, including mergers, 1999 david christopherson michael rader was appointed acquisitions, proxy contests, execu- accepted a position as vice president co-chair of the litigation group at tive changes, regulatory investiga- and general counsel of Teavana Wolf, Greenfield & Sacks in Boston. tions, corporate crises, restructur- Holdings Inc. He and his wife, Rader’s group tries patent infringe- ings and litigation support. lindsay ’01, live in Atlanta with ment and other intellectual property their children, Katie and Connor. cases in federal courts before the 2003 lindsay c. harrison and daniel fridman was appointed International Trade Commission. jeffrey r. shuman were elected by Florida Gov. Rick Scott to serve yoav sapir ll.m. s.j.d. ’04 writes partners at Jenner & Block in De- on the 11th Circuit Judicial Nominat- that he was appointed Israel’s chief cember 2010. Harrison works in the

60 harvard law bulletin winter 2012

48-65_HLB_Winter12_05.indd 60 11/11/11 6:39 PM class notes

litigation department and appellate confirmed in September. Born with damaris m. diaz, lauren popper and Supreme Court practice, where cerebral palsy, Koch has been ac- ellis, jeffrey g. paik ’06, schuy- she recently argued and won a U.S. tively involved in the disability com- ler schouten and ari wald- Supreme Court case on behalf of munity for many years. man ’05. Giselle left Davis Polk asylum-seeker Jean Marc Nken. ziv preis s.j.d. writes: “I take & Wardwell and now works as a Shuman works in the corporate this opportunity to update you litigation associate at the intellectual department and is a member of the that I have left NYC and came back property firm Fross Zelnick firm’s corporate, securities, mergers to Tel Aviv in 2009 together with Lehrman & Zissu in Manhattan. © Be part of the and acquisitions, and private equity/ my spouse, three kids and a dog. I kimathi kuenyehia ll.m. picture. Send us investment management practices. remember that I came to Harvard writes: “Chambers Global 2011 your news! He recently helped represent Gen- with my spouse and two suitcases, ranked me as a leading lawyer in eral Motors in its initial public of- but left in a convoy of four cars and Corporate/Commercial. Our firm, Taught law fering. 16 suitcases. I’ve recently opened a Kimathi & Kimathi, Corporate At- in Turkestan? peter suba ll.m. writes to an- law firm in Tel Aviv with another torneys, was chosen as the winner of Expanded your nounce that he has joined Havel, Harvard graduate (www.pnb.co.il), the Corporate International Maga- family? Segued Holásek & Partners, the largest and I’m teaching at Tel Aviv Univer- zine 2011 Global Award for ‘Niche into a new career? Czech-Slovak law firm, as a partner sity law school as well as at its busi- Law Firm of the Year in Ghana.’ My Send your updates in its Slovak branch in Bratislava. ness school.” son, Kimathi Kuenyehia II, was a to bulletin@law. He focuses on the area of mergers year old on July 22.” harvard.edu and acquisitions privatization and 2007 provision of state aid under EU law. 5th Reunion April 20-22, 2012 2011 siddhartha velandy ll.m., Previously he was a partner at the who has been serving in the Marine Slovak office of a major U.S. firm jalina hudson, an attorney at the Corps since 2001, was promoted to and worked as a lawyer and trainee Office of the Appellate Defender in major on Sept. 1. He writes: “I am judge at the Slovak Circuit Military New York City, had a victory in the handling part of the operational/in- Court in Bratislava. New York State Court of Appeals. In ternational law work for U.S. Marine People v. Owen Steward, the court re- Corps Forces, Central Command, 2004 jasmine b. gonzales rose versed the robbery conviction of her but also am growing and developing has joined the faculty of the Univer- client on the grounds that the trial the fiscal law portfolio. As the draw- sity of Pittsburgh School of Law as jury unfairly limited counsel to five down picks up steam, fiscal issues an assistant professor. minutes per round in voir dire. will become increasingly important giselle c.w. huron (formerly to the practice in theater. I am also 2005 matan koch, an associate Woo) writes to announce her mar- continuing to refine my LL.M. paper at Kramer Levin Naftalis & Fran- riage to Daniel J. Huron (Princeton on the internationalization of the kel, joined the National Council on ’00) on May 14 at the Hackley School DOD operational energy program to Disability after his nomination by in Tarrytown, N.Y. The couple cel- initiate a ‘Green Arms Race.’ I hope president barack obama ’91 was ebrated with ron campbell ’82, to submit to a few journals this fall.”

an hls reunion U.S. Supreme Court Justices Stephen G. Breyer ’64 (right) and David H. Souter ’66, who retired in 2009, deliberating once again, during a discussion moderated by Dean Martha Minow at fall Reunions. To read a story on their conversation, go to http://hvrd. me/2011 SouterBreyer.

winter 2012 harvard law bulletin 61 MARTHA STEWART

48-65_HLB_Winter12_05.indd 61 11/11/11 6:39 PM HLS AUTHORS SELECTED ALUMNI BOOKS

“Constitutional Originalism: A Debate” by robert w. bennett ’65 and lawrence b. solum ’84 (Cornell). In a series of “dueling essays,” Solum advocates for constitutional originalism, while Bennett promotes living con- stitutionalism and judicial activism. The book challenges both sides of the debate while acknowledging where the two viewpoints find common ground.

“A Governor’s Story: The Fight for Jobs and America’s Economic Future” by jennifer granholm ’87 and dan mulhern ’86 (PublicAffairs). The former governor of Michigan, Granholm (in collaboration with her husband, Mulhern) reflects on her stewardship of a state hit particularly hard by the economic downturn and on her attempts to revitalize its sagging manufactur- ing industry through public-private partnerships and clean-energy businesses. The experience in Michigan offers the country lessons about new economic realities and how rigid political ideology can impede progress, they write.

scientists continue to claim a biological basis to race, according to “Reclaiming Fair Use: How to Put Balance Back in Roberts, a professor at Northwestern University School of Law. She Copyright” by peter jaszi ’71 and Patricia Aufderheide (Chicago). cites examples ranging from pharmaceutical companies marketing The book challenges the assumption that copyright law has become drugs specifically designed for black patients to law enforcement unworkable in the digital age. Introducing the experience of docu- agencies focusing DNA collection on black suspects. A belief in mentary filmmakers and other content creators “who are making intrinsic racial differences denies our common humanity and can fair use more usable,” the authors invite readers to discover the be used to justify biased treatment of minorities, she writes: “[T]he principle long embedded in copyright as a “tool of creative freedom.” redefinition of race as a genetic category and the technologies it is generating make racial inequality, as well as the punitive apparatus that maintains it, seem perfectly natural.” “People’s Warrior: John Moss and the Fight for Free- dom of Information and Consumer Rights” by michael r. lemov ’59 (Fairleigh Dickinson). In the wake of the McCarthy era, “Primetime Propaganda: The True Hollywood Story of an obscure California congressman doggedly shepherds an open How the Left Took Over Your TV” by ben shapiro ’07 (Broad- government bill for 12 years, and in the face of opposition from three side). Shapiro, who in previous books critiqued social liberalism presidents, the Freedom of Information Act passes. This carefully and contended that universities indoctrinate students with a leftist researched account, which also relies on the author’s firsthand agenda, now turns his attention to the television industry, which experience serving as chief counsel to Moss, describes how the for decades has attempted to spread a liberal message in the guise of congressman goes on to win sweeping consumer protection reforms entertainment, he writes. Featuring many interviews with industry and ultimately to challenge Wall Street in a battle to enact major new insiders, the book analyzes popular shows from “The Waltons” to investor protection laws. “The Simpsons” to make the case that “television is the exclusive domain of a select few who use the mystique of the industry to mask their own political propagandizing.” “Pancreatic Cancer: A Patient and His Doctor Balance Hope and Truth” by michael j. lippe ’68 and Dung T. Le, M.D. (Johns Hopkins). Diagnosed with pancreatic cancer in 2007, Lippe “Tangled Webs: How False Statements Are Undermin- offers insight into his own experience with the disease while, in ing America: From Martha Stewart to Bernie Madoff” alternating chapters, his doctor provides a medical and caregiver by james b. stewart ’76 (Penguin). The Pulitzer Prize-winning perspective. The collaboration between patient and doctor presents author uncovers the truth and discusses the consequences of four intimate details of the physical and psychological toll of cancer di- notorious cases of deceit, involving Barry Bonds, I. Lewis “Scooter” agnosis and treatment as well as in-depth medical information on Libby, Madoff and Stewart. Through investigative reporting and pancreatic cancer. The book also examines the nature of the patient- exclusive interviews, he offers revelations about each case, including provider relationship during the course of a life-threatening illness. how Madoff eluded detection of his Ponzi scheme and the levels of involvement of White House officials other than Libby in the Valerie Plame scandal. The lying that occurred in each instance is symptom- “Fatal Invention: How Science, Politics, and Big Busi- atic of a larger problem in society, Stewart argues, a surge of perjury ness Re-create Race in the Twenty-first Century” that has infected many aspects of American life. He writes that as by dorothy roberts ’80 (The New Press). Although the Human long as people can get away with making false statements, the prob- Genome Project showed that race can’t be identified in our genes, lem will only get worse, leading to widespread contempt for the law.

62 harvard law bulletin winter 2012 Illustration by leo acadia

48-65_HLB_Winter12_05_r1.indd 62 11/15/11 3:11 PM TRIBUTE BERNARD WOLFMAN: 1924–2011

A Renowned Scholar and Magniﬁ cent Teacher

BERNARD WOLFMAN, A the classroom. For those of us Wolfman received his under- the American Law Institute’s renowned scholar of tax law who teach tax, Professor Wolf- graduate and law degrees from Federal Income Tax Project, he and the Fessenden Professor of man is our ideal.” the University of Pennsylvania, made recommendations for Law Emeritus at Harvard Law Throughout his years as a earning an A.B. in political sci- structural legislative change. He School, died Aug. 20, 2011. One of professor, Wolfman remained ac- ence in 1946 and a J.D. in 1948. also served as special consultant the pre-eminent tax professors tive as a practitioner, consulting Prior to his academic career, to Iran/Contra independent in the United States, Wolfman with law fi rms, large account- he practiced law for 15 years in counsel Lawrence Walsh. clarifi ed the world of tax law for ing fi rms and the government. Philadelphia at the fi rm of Wolf, He was a member of the generations of lawyers through In 2003, he served as senior Block, Schorr and Solis-Cohen, Council of the American Bar his teaching and scholarship. He adviser to the assistant attorney serving as the fi rm’s managing Association Section of Taxa- was also a leading expert in the general for the Tax Division, U.S. partner from 1961 to 1963. tion and council director of its ethics and rules of professional Department of Justice. He was He was also noted for his civil committees on Corporate Tax, responsibility for lawyers. a consultant on tax policy with liberties and civil rights work. As Standards of Tax Practice, and “His contributions to tax and the U.S. Treasury Department a volunteer with the American Tax Policy and Simplifi cation. He ethics, and his devoted teaching from 1963 to 1968 and again from Civil Liberties Union, he did also served on the Council of the and mentoring of students and 1977 to 1980. preparatory work for what be- ABA Section of Individual Rights younger colleagues, will long A prolifi c writer, he penned came a landmark school-prayer and Responsibilities. President endure, as will his distinguished dozens of articles, essays, and case, Abington School Dist. v. of the Federal Tax Institute of public interest advocacy and commentaries. His four books in- Schempp (1963). He would later New England and a fellow of the service to the profession,” wrote clude “Dissent Without Opinion: criticize President Ronald Rea- ABA, he was also a fellow of the Dean Martha Minow in a state- The Behavior of Justice William gan for granting tax exemptions American College of Tax Counsel, ment to the HLS community. O. Douglas in Federal Tax Cases” to racially segregated schools. serving for six years as its regent Wolfman, whose principal (1975). A consultant for 20 years to from the 1st Circuit. scholarly interests were federal income taxation and the professional responsibility of tax practitioners, began his teaching Bernie Wolfman in his offi ce at HLS in 1971 career in 1963 at his alma mater, the University of Pennsylvania Law School, where he was a professor, and then dean from 1970 to 1975. He joined the HLS faculty in 1976 as the Fessenden Professor of Law, becoming professor emeritus in 2007. During his career, he also taught law as a visiting professor at New York University and the University of Michigan. In a tribute in the Summer 2007 Bulletin, Howard Abrams ’80, one of Wolfman’s former students, now a tax professor at Emory University School of Law, called Wolfman “a magnifi cent teacher and a master of the Socratic method,” adding, “The Socratic method can impose harsh demands, but Bernie was not at all harsh; on the contrary, he was kind and treated us

kindly both inside and outside JOHN CHAPIN

winter 2012 harvard law bulletin 63

48-65_HLB_Winter12_05_r1.indd 63 11/15/11 3:12 PM TRIBUTE DERRICK BELL: 1930-2011

Derrick Bell at HLS in 1990, after taking a voluntary unpaid An Iconoclast and a Community Builder leave to protest the lack of minority female professors

DERRICK BELL, a distinguished legal scholar, prolifi c writer and tireless champion for equality, died Oct. 5. He helped to develop critical race theory, a body of legal scholarship that explores how racism is embedded in laws and legal institutions. And more broadly, over the course of his fi ve-decade career, he worked to expose the persistence of racism. Dean Martha Minow said: “From his work on the front lines of legal argument in the civil rights movement to his path- breaking teaching and scholarship on civil rights and racial justice issues, Professor Derrick Bell inspired and challenged generations of colleagues and students with imagination, passion and courage.” Bell joined the Harvard Law School faculty as a lecturer in 1969 and in 1971 became its fi rst tenured black professor. He gave up his professorship in 1992 to protest the school’s hiring TIME & LIFE PICTURES/GETTY IMAGES practices, specifi cally the lack of women of color on the faculty. His protest garnered national School in 1998, told The New York staple in law schools and is now school in 1957, Bell worked as a news coverage and stirred the Times, “[Derrick] set the agenda in its sixth edition, and “Silent staff attorney at the Civil Rights passions of many students. in many ways for scholarship Covenants: Brown v. Board of Division of the Justice Depart- In 1980, Bell was appointed on race in the academy, not Education and the Unfulfi lled ment. He resigned in protest in dean of the University of Oregon just the legal academy.” She Hopes for Racial Reform.” He 1959 when the department asked School of Law. He resigned in added: “Most people think of also wrote two autobiographical him to withdraw his membership protest fi ve years later after an iconoclasts as lone rangers. But works: “Confronting Author- from the NAACP. He became an Asian woman was denied tenure. Derrick was both an iconoclast ity: Refl ections of an Ardent assistant counsel for the NAACP He returned to Harvard to teach and a community builder. When Protester” (1996) and “Ethical Legal Defense Fund, and from in 1986 and later led a fi ve-day he was opening up this path, it Ambition: Living a Life of Mean- 1960 to 1966 he administered 300 sit-in in his offi ce to protest the was not just for him. It was for ing and Worth” (2002). He was desegregation cases regarding school’s failure to grant tenure all those who he knew would also known for using allegory schools and restaurant chains to two professors whose work follow into the legal academy.” and parable in his legal writing in the South. He later served as involved critical race theory. “He has left a trail of immea- to explore race and racism. deputy director of the Offi ce for In 1990, Bell was appointed surable scholarship,” said HLS Bell earned an A.B. from Civil Rights in the U.S. Depart- a full-time visiting professor at Professor Charles Ogletree ’78 of Duquesne University in 1952 ment of Health, Education, and New York University School of his former professor, his mentor and an LL.B. from the University Welfare (1966) and as executive Law on a permanent basis. and his friend. of Pittsburgh School of Law. He director of the Western Center Professor Lani Guinier, who Bell’s many books and ar- later served in the U.S. Air Force on Law and Poverty at the was appointed the fi rst female ticles include “Race, Racism and and was stationed in Korea for a University of Southern California black professor at Harvard Law American Law,” which became a year. After graduating from law Law School (1968).

64 harvard law bulletin winter 2012

48-65_HLB_Winter12_05_r1.indd 64 11/15/11 3:12 PM OBITUARY INFORMATION IN MEMORIAM Notices may be sent to Harvard Law Bulletin, 125 Mount Auburn St., Cambridge, MA 02138 or to [email protected]

1930-1939 Jerome H. Tick ’47 R. Bradbury Clark ’51 Harry Louis Freeman ’56 James J. Freeman ’65 Oct. 26, 2010 July 13, 2011 June 6, 2011 July 13, 2011 Harry Ruderman ’32 Walter H. Beckham Jr. Douglas M. Coombs ’51 John S. Frey ’56 Robert E. Lee ’67 Sept. 3, 2011 ’48 May 28, 2011 April 11, 2011 April 30, 2011 James Mack Swigert ’35 Oct. 4, 2011 Theodore F.T. Crolius ’51 Richard E. Haesemeyer Judith A. (Schneider) April 15, 2011 George K. Cracraft Jr. Aug. 27, 2011 ’56 Cion ’68 Myer B. Barr ’36 ’48 Alvin Ferleger ’51 Sept. 12, 2011 July 6, 2011 Oct. 23, 2011 Aug. 28, 2011 Oct. 5, 2011 Joseph J. Hurley LL.M. ’56 Harold L. Stults Jr. ’68 David L. Marks ’36 Marshall J. Deutsch ’48 Lee M. Hydeman ’51 May 6, 2011 Aug. 14, 2011 April 25, 2011 Sept. 17, 2011 July 17, 2011 Gerald H. Markowitz ’56 Mark H. Sutton ’68 John J. Ryan Jr. ’36 Stanley R. Evans ’48 Melvin E. Levinson ’51 Aug. 9, 2011 April 17, 2011 June 6, 2011 Sept. 29, 2010 Jan. 10, 2011 Hal F. Reynolds ’56 Donald S. Breakstone ’69 James C. Adams ’38 Robert L. Fleming ’48 Gordon A. MacLeod ’51 May 17, 2011 March 27, 2011 June 12, 2011 April 4, 2011 Dec. 8, 2010 Ludwig A. Saskor ’56 Samuel E.H. Ericsson ’69 James Edward Downes Donald H. Gordon ’48 Calvin R. Pastors ’51 June 13, 2011 Jan. 21, 2011 Jr. ’38 LL.M. ’57 April 3, 2011 Harris J. Sobin ’56 Donald P. Ricklefs ’69 May 28, 2011 March 28, 2011 Robert M. Raives ’51 July 25, 2011 March 28, 2011 W. Ward Fearnside ’38 J. Wright Horton ’48 Sept. 17, 2011 Ralph J. Temple ’56 Christopher W. Walker Aug. 20, 2011 July 20, 2011 Ralph K. Smith ’51 Aug. 27, 2011 ’69 Walter C. Humstone ’38 Joseph B. McGrath ’48 Aug. 23, 2011 George B. Adams ’57 Aug. 31, 2011 Aug. 11, 2011 July 4, 2011 H. Peter Somers ’51 April 24, 2011 William Allan Zarling Malcolm Muir ’38 Thomas F. McGuire ’48 ’69 June 17, 2011 Robert E. Goodman ’57 July 22, 2011 March 9, 2011 Aug. 8, 2011 James M. Wainger ’51 April 22, 2011 Jesse D. Wolff ’38 Richard G. Mintz ’48 May 30, 2011 Roy Albert Povell ’57 July 8, 2011 April 20, 2011 1970-1979 Robert S. Zollner ’51 June 22, 2011 Walter W. Dwyer ’39 Edward I. Rothschild ’48 April 2, 2011 Joseph L. Hutner ’58 David E. Kenty ’70 May 26, 2011 July 31, 2011 Robert P. Cook ’52 June 9, 2011 May 17, 2011 John O. Rhome ’39 William A. Rusher ’48 June 12, 2011 Richard L. Ocheltree ’58 Robert C. Lower ’72 Aug. 28, 2011 April 16, 2011 Joseph M. Delaney ’52 Sept. 2, 2011 Aug. 28, 2011 Norman J. Sondheim ’39 Bruce G. Sundlun ’48 April 29, 2011 Harry A. Phillips Jr. ’58 James T. Draude ’73 Sept. 6, 2011 July 21, 2011 Everett B. Ellin ’52 March 26, 2011 Aug. 16, 2011 James M. Weinberg ’48 Sept. 16, 2011 Arnold H. Kroll ’59 William M. Burke III ’74 1940-1949 July 19, 2011 Richard A. Green ’52 Sept. 27, 2011 March 27, 2011 Eliot J. Frost ’40 Roger W. Hager ’49 Aug. 22, 2011 Robert J. McGee ’59 Craig R. Callen ’74 Aug. 21, 2011 Aug. 30, 2011 Lloyd S. Kaye ’52 Aug. 10, 2011 April 23, 2011 Arthur J. Riggs ’40 Stanley H. Levy ’49 May 10, 2011 Gerald T. Sajer ’59 David M. Cobin LL.M. ’79 July 12, 2011 June 20, 2011 William A. Kaynor ’52 May 14, 2011 May 21, 2011 Arnold R. Ginsburg LL.M. Mahlon F. Perkins Jr. ’49 May 25, 2011 Theodore Simos LL.M. ’59 ’41 March 28, 2011 Irving L. Kessler ’52 May 26, 2009 1980-1989 June 24, 2011 Allen H. Russell ’49 Aug. 1, 2011 Douglas L. Worthing ’59 Steven Knisely ’80 John Ottaviano Jr. ’41 June 17, 2011 Robert V. Spayd ’52 July 29, 2011 Aug. 19, 2007 May 1, 2011 Jerome Schwartz ’49 March 22, 2011 George D. Zuckerman ’59 Daniel L. Wessels ’80 Dwight L. King ’42 Sept. 25, 2011 Harry H. Wellington ’52 July 30, 2011 June 7, 2011 April 12, 2011 Saul L. Sherman ’49 Aug. 8, 2011 John Bernard Lee ’86 James S. Ottenberg ’42 May 15, 2011 Erwin B. Drucker ’53 1960-1969 Aug. 3, 2011 April 9, 2011 Jerome J. Shestack ’49 Oct. 12, 2011 John K. Rose ’60 Tamara Lynn Hjelle Harold B. Roitman ’42 Aug. 18, 2011 Mathew M. Foner ’53 Sept. 29, 2011 Olsen ’86 April 1, 2011 Frampton W. Toole Jr. ’49 Feb. 9, 2011 Richard T. Watson ’60 July 4, 2011 Joshua Jacobs ’43 July 10, 2011 Aug. 18, 2011 Mary Margaret “Micky” July 20, 2011 Harold S. Wright ’49 (O’Connell) Truschel ’53 1990-1999 John D. Kenney ’43 Albert Graves Jr. ’61 Aug. 20, 2010 Oct. 8, 2011 Joseph A. Piacquad ’90 Aug. 2, 2011 May 8, 2011 Alfred Aronovitz ’54 June 27, 2011 John P. Bledsoe ’44 Thomas R. Sheppard ’61 1950-1959 July 12, 2011 Shen-Shin Lu LL.M. ’91 July 6, 2011 July 27, 2011 Warren D. Barton LL.M. Robert L. Blumenthal Paul Reed Toomey ’61 S.J.D. ’94 John R. Carr Jr. ’44 ’50 LL.M. ’54 April 23, 2011 May 19, 2011 July 17, 2011 July 8, 2011 April 13, 2011 George S. Pond ’62 Dana E. Stern ’95 Benjamin W. Corey ’44 Robert N. Green ’50 William W. Crawford ’54 April 14, 2010 May 22, 2011 July 23, 2011 July 31, 2011 Aug. 14, 2011 Neal L. Rosenberg ’62 Karin J. Kincaid ’98 Donald E. Fahey ’44 Dean M. Hennessy ’50 Charles G. Edwards ’54 Oct. 14, 2010 June 2, 2011 Aug. 3, 2011 March 16, 2011 Aug. 20, 2011 Jonathan Strong ’62 Murray Gartner ’45 Irving Malchman ’50 Richard D. Harburg ’54 June 11, 2011 , As of this issue, the June 25, 2011 Nov. 4, 2009 March 29, 2011 Don V. Harris Jr. ’45 Steven K. Cochran LL.M. online version of In Robert N. Shamansky ’50 David Leanse ’54 ’63 May 15, 2011 Memoriam includes links Aug. 11, 2011 June 25, 2011 May 27, 2011 George A. Starrels ’45 Rourke J. Sheehan ’50 William J. Toohy ’54 Larry J. Fulton ’64 to newspaper obituaries. Sept. 9, 2011 Aug. 24, 2011 June 12, 2011 Sept. 16, 2011 Visit www.law.harvard. Jack A. Stone ’45 Aaron B. Weingast ’50 Morris Brown ’55 James R. Hopkins ’64 July 10, 2011 edu/news/bulletin/ and Jan. 1, 2011 Aug. 10, 2011 Sept. 26, 2011 John H. Downs ’47 click on “In Memoriam.” Henry C. Caron ’51 Peter Wilkinson ’55 James H. Bell ’65 June 28, 2011 April 7, 2010 March 26, 2011 June 14, 2011

winter 2012 harvard law bulletin 65

48-65_HLB_Winter12_05.indd 65 11/11/11 6:40 PM LEADERSHIP PROFILE A CONVERSATION WITH ROY L. FURMAN ’63

The smell of the greasepaint, and the roar of the crowd … .

range of fi nan- creased, so did my involve- Is there a highlight of your cial services, it is ment, until I proceeded to Broadway association? still run with an ask for a seat at the table as It’s been thrilling to develop entrepreneurial a producer. Ultimately, I be- personal relationships with spirit. The fi rm is came more active. It’s a most the great creative talents and Roy L. Furman ’63 is vice chair- not bureaucratic, cross-sec- exciting business because performers who populate man of Jefferies & Company tor participation is encour- it’s live, which magnifi es the shows I am involved and chairman of Jefferies aged, and almost all layers every problem and every with. One of my most memo- Capital Partners, a group of of management are actively success. Each performance is rable moments came while private equity funds. In 1973, involved in the investment diff erent, audiences impact we were rehearsing “The he co-founded Furman Selz, process. It’s a wonderful at- the artists, actors get sick, Color Purple.” My co-lead an international investment mosphere for intelligent and weather aff ects grosses—in producer and I received a banking, institutional broker- creative talent. other words, there is a con- call from Oprah Winfrey, age and money-management stantly challenging environ- who wanted to meet with fi rm, where he served as How did your HLS education ment. us in Chicago. In the media president and CEO until 1997, lead you into investment world, that is akin to be- when the fi rm was sold to ING. work? Of the plays you’ve produced, ing invited to the White Among his other positions, I practiced for a few years which is your favorite? House—one simply does not he is vice chairman of Lincoln before determining that my I am most proud to have turn down such an invita- Center for the Performing Arts mind was better suited for been co-lead producer of tion. The Chicago meeting and chairman emeritus of the Wall Street, where I found “The Color Purple.” This led to Oprah’s joining our Film Society of Lincoln Center. the absence of precedence was a musical that all the team as a named producer, He has produced fi ve Tony was a positive. But the law experts “knew” could never which subsequently led to a Award-winning plays and mu- school had taught me to succeed because African- surprise visit to see the cast sicals on Broadway and cur- think and to anticipate prob- Americans were a minor rehearsing. When we called rently has fi ve shows running. lems where none seemed proportion of Broadway them together to explain He served as national fi nance apparent, and I trace my ticket buyers, and it was we were adding another chairman for the Democratic success as an analyst to the common knowledge that producer, they couldn’t National Committee in 1992- rigor of my HLS education. I white audiences would not have been less interested— 1993 and is former chairman still maintain that law school be attracted to a distinctly until the door opened and of the HLS Fund. Furman is a better training ground African-American story. Ms. Winfrey stepped in- established a professorship at for Wall Street than business The show proved to be a ma- side. Only a winning touch- HLS this year, which is held by school, but I am no doubt jor commercial success on down in the last minute of a Lawrence Lessig. prejudiced. Broadway and the road and Super Bowl could match the is currently in its sixth year pandemonium that erupted Jefferies & Company was How did you become a Broad- of performances. My favorite in the rehearsal studio, all named this year by Fortune as way producer? show as a co-producer has to of which was fi lmed and “one of the world’s most ad- I became a Broadway be “The Book of Mormon.” featured on a subsequent mired companies.” What sets producer incrementally, It, too, was an unlikely can- “Oprah” show. it apart? without any long-term ex- didate for anything more Jeff eries is distinguished pectations. Decades ago, my than a specialized success, How is HLS today differ- by the fact that while it is a wife and I began investing and has turned out to be the ent from when you were a large, rapidly growing global small amounts in individual biggest hit on Broadway in student? bank with a comprehensive shows. As the dollars in- over a decade. The Harvard Law School of

66 harvard law bulletin winter 2012

66-67_HLB_Winter12_05.indd 66 11/11/11 5:04 PM ... await Roy Furman ’63 in theaters below his high-rise Manhattan office.

today bears no resemblance minds were actually found throughout an extensive ca- ing element, and that special to the Harvard Law School to be female (there were 17 reer has been that no matter branding remains with you I attended in the early ’60s, in the class). How I’d love what experience or success forever. It’s one of the prime aside from the extraordi- to attend today’s HLS. The I have had, my HLS back- reasons I am so passion- narily high level of intellect curriculum has expanded ground has always been the ate about HLS—I can never and skill manifested by geometrically; the profes- great validator. Early on, I thank the school enough for the professors and stu- sors are more involved felt this validation, which what it gave me, and I be- dents. “My” Harvard Law with, and devoted to, the was especially meaning- lieve it’s vitally important to School had limited course students; and women and ful as a young Wall Street sustain the great academic selections, autocratic teach- minorities have their right- analyst and banker, would institutions in this country. ing, a homogeneous student ful place in the student become less signifi cant as I In that vein, I am proud to body, and little warmth or population. succeeded in business, but have been able to establish personality. It was seen as such was not the case. Being a chair at Harvard and even a trade school for the best What lasting impact has HLS an HLS graduate has never more pleased that the fi rst minds in the country, and had on your life? stopped being meaningful. recipient is the illustrious miraculously, some of those One of my learnings In certain ways, it’s a defi n- Larry Lessig. P

Photographs by joshua paul winter 2012 harvard law bulletin 67

66-67_HLB_Winter12_05.indd 67 11/11/11 5:04 PM GALLERY AN OLD MANUSCRIPT, A NEW PAGE

‘Summa de Legibus Normanniae’ goes digital Among0 the legal issues addressedaddre in “Summa de Legibus”us” is the problem of too much snow. What happens if jurors assigned to a case about a piece of land can’t see the land that they are trying to make a judgment on? The law says … wait until the snow melts.

The HLS Library’s recent acquisition and digitization of “Sum- ma de Legibus Nor- manniae” (Summary of the [Customary] Laws of Normandy) has the attention of “The text starts legal history scholars, circulat- particularly HLS Pro- ing, then fessor Charles Dona- people start mak- hue, author of “Law, ing notes, Marriage, and Society adding in the Later Middle and changing things. Ages: Arguments People in about Marriage in Five Normandy Courts.” stayed pretty “I am interested close in the process of de- to the velopment [of law] original text and that is happening tended to over the centuries put their in Normandy,” said notes in the mar- Donahue, who hopes gins,” said that the digitization Donahue. of this important record of legal practice in feudal Normandy and Norman England will contribute to an

understanding of the HLS LIBRARY HISTORICAL AND SPECIAL COLLECTIONS period for scholars all over the world. Written in Latin, THE 127-PAGE VOLUME DESCRIBES THE CUSTOMARY LAW IN circa 1300, the manu- NORMANDY IN THE 12TH AND 13TH CENTURIES. script describes

68 harvard law bulletin winter 2012

68-c3_HLB_Winter12_05_r1.indd 68 11/15/11 3:14 PM LAYERS OF TEXT AND COMMENTARY ILLUMINATE THE DECLINE OF FEUDALISM OVER TIME.

The fi rst part of the text deals with the relations customary law in Nor- between landholders and mandy in the 12th and the duke, who was also the King of France. In an earlier 13th centuries. Its 127 copy of the manuscript, it vellum pages include appears the intent of the regulations on mar- law was that knights and barons who held land were riage, land ownership, obliged to serve in the fi nance, trading, the military or the “army” for 40 crusades, trial by com- days a year. By comparing the manuscripts, Donahue bat, military service found evidence that this and even a legal issue eventually came to be arising from too much understood as an obligation only to send money so snow. that others could be hired It is one of 25 to fi ght. “That’s the kind of known copies of this thing that this text is good for,” said Donahue. Layers manuscript, and text of text and commentary variations between illuminate, over time, the copies and a wealth decline of feudalism and changing feudal relations. of marginal commentary raise their own intriguing questions. This is “a living text,” said Donahue. “The changes refl ect what Duplication of the laws of Normandy was done by scribes. At times a whole roomful would copy words as they were dictated. At other times, a scribe would work alone to copy the text the law really was.” line by line. According to Donahue, the occasional skips and omissions in the ”Summa de According to Legibus” suggest that this manuscript was originally copied in the latter manner. Donahue, the manuscript promises to be especially valuable for the study of early English law. Though it was probably written in Normandy, marginal annotations by an English hand are evidence of the early appearance of “Summa de Legibus” “Summa de Legibus” was translated into in England. “Why the French “Grand would someone in Coutumier de Nor- mandie” sometime England want a copy in the middle of the of a manuscript that 13th century. The described the custom HLS Library owns the French text, of Normandy after which has also been Normandy had ceased digitized. (See http:// to be a possession of bit.ly/Grandcoutumi- erNorm.) Comparing the English crown?” the two versions said Donahue. “That gives researchers is a puzzle, one of the an opportunity to see how the laws many that are yet to be changed. solved.” —Linda Grant

, View the digitized manuscript at: http://bit.ly/Summadelegibus.

68-c3_HLB_Winter12_05_r1.indd C3 11/15/11 3:18 PM Harvard Law Bulletin Nonprofit Org. Harvard Law School U.S. Postage Paid 125 Mount Auburn Street Burlington, VT Cambridge, MA 02138 05401 Permit 347

homestretch

Just around the (northwest) corner … The Wasserstein Hall, Caspersen Student Center and Clinical Wing, opening Jan. 3, 2012 TONY RINALDO

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