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CON TEN T S

FALL 2006

Career 3 Summer Public Interest Program: Expanding Opportunities

the class of 2008 took of the created Summer Public Interest Program, an Last summer, fifty members of advantage newly here. to in interest work. write about their experiences initiative designed to assist students who wish engage public They

Possible 8 Reconciliation in Traditional Courts: Making "Never Again"

as Diane P Wood on the International Criminal Tribunal in Rwanda, the Allison Benne, '08, spent her summer working Judge courts. Fellow. In this article, she discusses the possibility of cultural reconciliation through community

Glasses 10 To [the] Edmund Burke [Society] We Raise Our Up!

of Law School alumni. Alison takes The Edmund Burke Society has inspired a loyal following among generations Coppelman

us inside the conservative debating society.

12 Renovating D'Angelo: Creating the Modern Law Library

tower into in how to transform the Law Library Architects and designers faced a considerable challenge determining D'Angelo both comfortable and accessible. Kirston Fortune looks at the renovation plan a modern law library, a space technologically and what to do with all those books.

Class of 2006 15 The Legacy of Your Generation: Remarks to the

and said Professor R. Stone, '71, his "You have been trained to be clear eyed, principled, rational," Geoffrey during are the first and last line of defense intolerance, hysteria, Commencement remarks to this year's graduating class. "You against of the members of the Class of 2006 Lloyd DeGrane. and repression." His thoughts are reprinted here, with photographs by

2 Message from the Dean 32 Alumni News Earl B. Dicketson: A Voice for Freedom and Equality 20 Clinic News Eleanor Arnold, '03, reviews a biography of Earl Dickerson, '20. New legal clinic safeguards the interests of Doing Something About the Weather immigrant children. ' Conrad Bahlke, '84, applies modern financial tools to help Ethiopia.

21 Introducing Michele Baker Richardson, 34 In Memoriam the new Dean of Students 36 Class Notes 22 Faculty News Portraits & Profiles Alison LaCroix New Faculty Profile: 38 Carl Salans, '57 Malani New Faculty Profile: Anup 55 William Noakes, '82 Books by Faculty 60 Hilary Krane, '89

24 Faculty Scholarship 90 Grad uates of the Class of 2006

Professor 30 Are Judges Political? a profile of 92 Where are they now? Cass Sunstein's latest book by Ken Merber, '07. In Conclusion: 31 Books by Alumni Post-finals Photo Album Message fro m the o ea n

Dear Friends, investments. But interest "Public Interest" is an expression that means many things, of all our public interest public more than means of and of course most of the academic work we do can be 'proqrams are, of course, much attracting students. are educational; described as aiming at the public interest. But to most excellent and idealistic They they students and prospective students the phrase refers to careers provide important information about career choices; they serve teach our outside of the private sector. Two years ago we unveiled our the needs of underrepresented citizens; they splendid post-graduate Hormel students about the impact of law, especially on citizens who Public Interest Program of support are less fortunate than they are; and they enrich the for recent graduates who take atmosphere of the Law School because a substantial qualifying" public interest" jobs. fraction of each class has had mind-broadening experiences. to You can learn much more about As you will see, we have defined public interest work but also for this program on our website. At include work not only for 501 (c)(3) organizations, our students about that time we also introduced governmental entities. In this way, some of

service-and some return to the our Chicago Policy Initiatives, learn about careers in public which should be thought of as Law School with experience in how governments operate. in another branch of our commitment That itself is an important, if often unstated, subject the to public interest law, as should study of law.

as read about our various interest our clinical programs, our community-outreach plans, and I hope that you public with me in those much more. These Initiatives represent two-year projects at programs you will join thanking graduates the Law School, in which students and faculty work and friends who have helped to make these programs possible. we do costs of but it is no together on pressing social problems. One such project has Most of what money course, interest work can be been completed and two are underway. We will soon secret that support for public especially our new investments are announce and embark on a new area of interest. costly. I think already paying

more of us will find these activities The most recent addition to our public interest programs dividends, and I know that

is a summer program aimed at students who have worth supporting. completed their first year. A description of this program is Thank so found on the next page of this Record, and some reports from you much, student-participants follow, but these reports do not quite capture the value of this new program. In the first place, the availability of the first-summer program attracts students

to our Law School. We should not underestimate this benefit

2 THE UNIVERSITY OF CHICAGO LAW SCHOOL. F.L\LL 2006 concerns that 2005 the Law School created the Summer Public The program was developed in response to students wanted this of Interest Program, an initiative designed to assist students while many type experience, they the were all too often unable to take them for financial reasons. Inwho wish to engage in public interest work during is no secret that in the sector summer between their first and second years. Last summer, It positions public generally as as similar in the fifty members of the class of 2008 took advantage of this do not pay nearly well positions private a different and this is true of summer resource and were able to participate in variety of sector, particularly internships. must earn as much as projects. The diversity of legal disciplines, types of practice, Since many law students possible their summer the summer, were reluctant. and even geographical location represented by during they understandably makes it for students to take these employment choices was remarkable. "This program possible Associate Dean for It is increasingly important for law students to use the types of positions," said Abbie Willard, Career Services and Public Initiatives. "We've seen a summer between their first and second years to gain huge in numbers of students who are to real-world experience. It is also a great time to explore the jump the choosing spend at least some time in the area." nonprofit and government sector. While not every student working public-interest to of Law School students interested in who participates in this program will ultimately choose University Chicago this of work can now on several different sources work in these sectors, the experience is invaluable. It type rely their Law Foundation enhances legal education, expands career horizons, instills to help them achieve goals. Chicago future will now be used to interest a sense of public spiritedness that encourages public grants primarily support public of service work, and students returning with these experiences work for students between their second and third years can benefit from the have much to share with their classmates. law school, and upon graduation they the Law School's loan The Summer Public Interest Program guarantees financial Hormel Public Interest Program, support for every student who chooses qualifying public forgiveness program. asked students who in the 1 L Summers interest work. It is a loan, but if the student completes We participated Public Interest to write about their summer four or more weeks of service the loan is partially forgiven, Program the The contain from and if he or she chooses to work in a qualifying position experiences. following pages excerpts these statements. following summer, it is completely forgiven.

SCHOOL FALL 2006 • THE UNIVERSITY OF CHICAGO LAW 3 '08 DANIEL R. FINE. '08 GOWOON LEE. Center for Fa mil ies Un ited States Attorney's Office. Law California Western District of Washinqton Oakland.

Seattle. Washinqton This summer I had the opportunity to help a diverse

group of clients with a variety of family law issues, Most of my work last summer involved often own client caseloads from the researching discrete legal questions. I had handling my initial intake to closing. I helped clients file .- the opportunity to explore, among other papers for dissolutions, child custody, visitation, topics, questions related to conspiracy, RICO, and the tolling and consumer cases, and assisted in drafting supporting provisions of the Speedy Trial Act. I drafted extradition declarations and attachments. I learned how to determine requests for two defendants whose indictments were still which courses of action would be most efficient or beneficial under seal. The project involved legal research, poring over for clients. The most interesting aspect of working at the reports of federal agents, and talking with those same Law Center for Families was the depth and breadth of client agents about details of their investigations. I also spent a fair interaction. On Fridays, the Center holds a free clinic­ amount of time in court. One day, I drafted a memo to an clients come in for interviews designed to Assistant United States Attorney on whether or not the prospective pinpoint their legal problems and determine if the Center government could establish probable cause for purposes of interviews me I can assist them. Conducting these helped a preliminary hearing in an ID theft case. The next day, learn how to make sense of vast amounts �f disjointed was in court to see how I did. information to find the underlying legal issues.

LAUREN B. KRAMER. '08 HOLLIN KRETZMANN. '08 Public Defender's Office. Natural Resources Defenses Council Juvenile Division Santa Monica. California San Francisco. California

Within a couple hours of arriving at the Natural In California, minors are generally charged with Resources Defenses Council, an attorney asked me felonies, so every case I worked on was significant. to see if there was any way we could protect Many of the kids were facing strikes and because whales from excess seismic air gun activity off of their age, didn't necessarily understand the the California coast. Throughout the summer, significance of their actions or the long term I found myself working on environmental causes that were implications of something like a plea. I worked with a lot of interesting, challenging, and highly complex. I experienced youths that were involved in gangs, that weren't attending the thrill of victory-an injunction against mid-frequency school or performing anywhere near grade level, that were of sonar activity by the Navy; I also felt the disappointment drug abusers, and that were raising their own babies favorable losing an argument-a transfer of venue to a less already. Being a public defender in an urban community isn't court. The internship gave me the chance to deal with both just about legal counsel-the office works with the families situations. I felt I was for the betterment of and to always working to set up counseling, to clear up criminal charges, get society, harnessing a real vehicle for change: improving these families functioning again. This summer, I was part water quality, reducing harmful emissions, and saving state of that entire process. parks from reckless development and suburban sprawl.

FALL 2006 4 THE UNIVERSITY OF CHICAGO LAW SCHOOL. 108 DREW GALVIN. '08 KATIE MARKOWSKI, Cou State's United States Attorney's Office, Cook nty Attorney. Enforcement Division Southern District of California Child Support Illinois San Diego. California Chicago,

were spent in a hearing room in the As a law clerk, I was assigned to two Assistant Mornings child division, assisting an United States Attorneys who asked me to write expedited support State's as cases were heard. memoranda, perform cite checks, and assist in Assistant Attorney we would hear about twenty cases in our drafting motions for summary judgment. I Normally but some we'd hear closer to fifty. My wrote memoranda on a variety of topics including room, days in the room included pre-conferencing the Feres doctrine, wrongful death claims, indemnity responsibilities hearing Claims to determine how they wished to proceed and agreements, damages caps, and the Federal Tort litigants orders. afternoon I would prepare the next Act. I also helped draft a motion for summary judgment drafting Every the for a cases, assisting with discovery and determining, by regarding a suit against the federal government denying day's in the what course of action the state was citizen social security benefits. I also attended a sentencing evidence file, to in each case. and a settlement conference. Once a week a different going pursue Assistant United States Attorney spoke to the clerks during from human JEFFREY MEINEKE. '08 a lunchtime presentation, on topics ranging Public Defender trafficking, cyber crime, personal injury, immigration law, Cook County to employment law. Chicago. Illinois

with a team of three • I was assigned to work NOSSON KNOBLOCH. '08 attorneys who represent indigent clients charged Un ited States Att o r n e vs Office, with drug crimes in one of the busiest court District of Montana assisted rooms in Cook County. The attorneys I Great Falls, Montana handle anywhere from three to twelve clients per from I was involved in almost every aspect of the cases, The range of cases at the United States day. initial to bench trials. These attorneys varied Attorney's Office provided me with a arraignments in their to their work. I spent the first few wonderful introduction to legal practice- widely approach and to weeks observing before I began handling arraignments I worked on civil cases ranging from medical malpractice client interviews. Eventually, I learned to spot weaknesses in immigration appeals, and criminal cases ranging from sexual. arrest records and vice reports. One of the most difficult assault to murder. One of my first assignments was drafting the of the job was communicating with clients about interrogatories for discovery in a medical malpractice suit parts them knew little or did I elements of their cases. The majority of brought against a federally operated hospital. Not only had the civil nothing about their rights, and many only vaguest get to learn a lot about the adversarial process in cases, means. But it's in its notion of what attorney/client privilege my draft was sent to the opposing party entirety. defender is the and for important work because often the public Subsequently, my level of responsibility increased first face a defendant sees after spending weeks a Ninth Circuit brief for an friendly my final assignment I drafted or even months in jail. immigration case.

CHICAGO LAW SCHOOL 5 FALL 2006. THE UNIVERSITY OF '08 GRANT FOLLAND. 108 SHERMON P. WILLIAMS. Green Aid Clinic National Immigrant Justice Center Cabrini Legal Illinois Chicago. Illinois Chicago.

summer three Justice Center • work last encompassed • The National Immigrant provides My areas of law: law, housing law, and legal services to immigrants and refugees. The primary family I conducted intake interviews with Center advocates for asylum seekers, victims of criminal law. clients in ascertained the human trafficking and domestic violence, in low-income crisis, relevant then the case to staff addition to engaging in precedent-setting litigation facts, presented wrote memorandum on the I I researched issues and on behalf of immigrant's rights. My second day job attorneys. legal case law and shared in voting whether was handed a file with case notes and court records and regarding applicable to the case. It was to share information told to write a Motion to Reopen and Rescind an Order of accept gratifying clients about their and to them some Removal, which is similar to a memo or brief, complete with with rights give of them face a difficult climb Statement of the Case, Argument and Conclusion sections. reassurances-many uphill when have brushes with the law. It felt eerily like a Bigelow assignment. And after twelve legally they weeks, I'm now a crash expert in Congolese proxy marriages, STEPHEN SCHWARTZ, 108 adoption law under Cameroon's hi-jural system, and how District craniosynostosis and/or gastro euteritis relate to 8 USC § Suffolk County Attorney 1229a(b)(5)(C)(i). Boston, Massach usetts

I interned at the Suffolk County KELLY LAZAROFF. '08 District Attorney's Office in Boston, Un ited States Office. Attorney's Massachusetts, where my primary duty no is Northern District of III i . .../1 was to prepare reply briefs for criminal Illinois Chicago. appeals filed in the Massachusetts Appeals Court. Over the cases course of the summer I wrote two full briefs. The on one civil and five criminal • Last summer I worked concerned convictions for child abuse and distribution of heroin, cases, doing everything from research memos­ and the claims the raised included issues of often inserted into motions by attorneys-to appellants misconduct, sufficiency and admissibility of motions and an appellate brief. I researched and prosecutorial evidence, and jury selection. Most significantly, I will argue the wrote on the legality of particular law enforcement this fall. cases I briefed in the Massachusetts Appeals Court later practices used in narcotics and gang investigations, the use of bloodhound scent-tracking evidence, prosecution of HELEN GILBERT, '08 unlicensed money transmitting businesses, and hearsay Center for uctive hts exceptions. I participated as a full member of a trial team, Reprod Rig New York writing jury instructions, composing voir dire questions, and New York City, witnesses and exhibits for a narcotics trial-this was prepared I spent the summer working for the Center as so much of the research and writing particularly interesting for Reproductive Rights, one of the few I did will before a judge and opposing attorney. go directly organizations in the United States that ,�addresses reproductive rights issues using legal tools. I assisted with discovery and attended hearings for a lawsuit the Center filed against the FDA for not making a decision over-the-counter about an emergency contraceptive drug's

status. The case was a stellar introduction to administrative also law and strengthened my growing interest in litigation. I

wrote research memos to support parts of the Respondent's brief in the Supreme Court case Gonzales v. Carhart, which the Center will file this fall. It was an extraordinary opportunity

to work with seasoned litigators, learn more about litigation

case that strategy, and in a small way, contribute to a may

very well change the landscape of reproductive rights.

SCHOOL. FALL 2006 6 THE UNIVERSITY OF CHICAGO LAW CARINA CILLUFFO, '08 CADENCE MERTZ, '08 Institute for Justice American Civil Liberties Union Wash i DC Wash i ngton, DC ngton, Institute for Justice is a libertarian I spent ten weeks as a law clerk for the ,.. ,.. law firm that Union's lead -Vt public interest represents .".� American Civil Liberties and small business owners in issues "" . I individuals ""\": 71 policy counsel on national security LThe\ L economic liberty, free cases involving private property rights, in the Washington DC office, the organization's lobbying and eminent domain. Summer clerks are given a on national issues came as Congress speech . arm. My work security activities: I surveillance wide of research and writing helped debated the National Security Agency's secret range legal edited a Supreme Court cert petition, v. Rumsfeld decision's draft appellate briefs, programs and the Hamdan implications discrete in current cases, time was wrote memoranda about problems on the limits of executive power. Most of my for of bills and explored the circuit-by-circuit landscape potential spent researching and analyzing the impact pending First challenges. Most of my summer was spent researching in Congress and the constitutionality of executive arguments Amendment and Equal Protection doctrine. In addition to in support of certain statutory interpretations. examining the cutting edge of the law for theoretical I also learned some practical law. In my first ANGLEE AGARWAL, '08 opportunities, month here, for example, I read more Fifth Circuit venue Depa rtment of Justice at. This is almost cases than you could shake a stick certainly DC Washington, intricacies of the best way to learn; even the notoriously dry was One of my favorite assignments civil procedure become exciting in the context of a great case. researching and drafting Senate testimony I General in for the Assistant Attorney SHEROD THAXTON, '08 division. The was for use in a Council charge of our testimony Georgia Public Defender Standards Committee hearing, and it elaborated upon Senate Judiciary Atla nta, Georg ia United the DOJ's position regarding a possible split of the The Georgia Public Defender Standards States Court of Appeals for the Ninth Circuit. Another great Council was created as an independent agency assignment was writing an appellate brief for an immigration branch of the state government, has so within the judicial appeals case. The Office of Immigration Litigation with independently of to deal with that often let charged ensuring" many immigration appeals they considerations or interests, that some of the political private other attorneys in different divisions take over • entrusted to a circuit write the brief each client whose cause has been cases. I was allowed to read the record and public defender receives zealous, adequate, effective, timely, (subject, of course, to comments from my supervising an effort to because, and ethical legal representation." In systematize attorney). It was a fantastic experience, especially cases the state of Georgia, case record or dealt with real the handling of indigent throughout as a 1 L, I had never seen a real GPDSC implemented the Judicial Case Activity Tracking case documents before. System software-a requirement for all public defender offices in Georgia. It allows the various public defender offices on a to store all case information entered into the system

central database server.

I worked with information technology personnel from the Bureau Georgia Department of Corrections and the Georgia of Investigation to integrate data on prior disposed and defendants with pending cases involving indigent charged and murder. I gathered information on over 4,800 murder statistical manslaughter cases, and conducted various analyses to uncover certain charging-and-sentencing patterns

in homicide cases across the state of Georgia.

SCHOOL 7 UNIVERSITY OF CHICAGO LAW FALL 2006. THE RECONC l AT ON N TRAD TONAL COURTS' Making "Never Again" Possible Allison Benne, '08

more than a "There was a he as we stood In an effort to restore communities lost to genocide genocide: genocide," emphasized to a traditional front of the clotheslines. I tried to how I decade ago, Rwandans have turned approach in explain sorry to but he didn't to the law. This alternative could offir a chancefor victims was my country had done nothing stop it, the I touched heart and reached out to andperpetrators to reintegrate into society andperhaps lay understand. Finally, my He escorted groundworkfor reconciliation between Hutus and Tutsis. his. He nodded, his eyes lit with comprehension. and "It is The author spent the summer of2006 working on -the us back to our taxi, hugged goodbye, whispered, now." International Criminal Tribunal in Rwanda, as theJudge okay. You see, we are a peaceful country Diane P. Wood Fellow. I want to believe him. I don't think I do. A Sudanese in before what he thousand Tutsis were murdered at Murambi in official-a Rwandan ex-pat who left 1957 have been the first -once 1994. Twelve years later I visited the technical said "should genocide" explained to North: "We school with another intern from the International to me why South Sudan had split from the in common." FiftyCriminal Tribunal for Rwanda. The Murambi are Christian. They are Muslim. We have nothing hatred and between Memorial Centre was closed that cloudy Sunday morning, Fifty years of brewing power struggles

a face walked outside when Hutus and Tutsis left that same stance in Rwanda. The but a young man with scarred hostility Immanuel our taxi pulled into the gravel driveway. spoke us around the site. to us in broken French as he led the accused admits to the acts, to flee If He said the government had urged Rwandans there, promising safety. Tutsis and moderate Hutus from across the he is sentenced to community service, two weeks. One country flocked to the haven for morning houses the civilians armed with machetes and clubs stormed the gate. often building for The refugees, weak from lack of food, could not resist them. widows whose spouses he killed. Blood still stained the concrete floors. Immanuel opened

on will take more than the elimination the door to a room where petrified corpses lay white exploded in 1994; it her to it from cots. More than a decade later a woman still hugged of identity cards prevent erupting again. most effort to the be children; a man's arm stuck awkwardly in the air, still The promising placate country may

for not a court initiated to the more than 125,000 pleading for mercy. Immanuel apologized having unique system try and of in the Its is the keys to show us the rest of the bodies kept there, prisoners suspected participating genocide. goal to the and not to instead led us to a large room with clothes piled on to reconcile the perpetrators victims, punish. clotheslines. The killers, he said, stole the desirable clothes Gacacas (ga-cha-chas) traditionally occurred under the sides of from the bodies before going home that day. These were shade of a tree, where the village elders heard both The accused was the clothes no one wanted. a dispute before deciding on reparations. two sides then I wasn't brave enough to ask Immanuel how he got the given the opportunity to admit guilt; the saw the clothes. shared a of banana beer as a of renewed scars on his face or why he cried when he gourd sign friendship. the the elects seven I never knew what to say when Rwandans brought up In the modern gacaca community sit in of the genocide, so I let them ramble or become lost in thought. volunteers-with no legal training-to place once consisted of on I heard them refer to the killings in many ways-civil war, village elders. Crimes that encroaching it or a now consist of and the war of '94, the events of '94. Only Immanuel called a field stealing goat killing neighbors

FALL 2006 8 THE UNIVERSITY OF CHICAGO LAW SCHOOL. the has no for erecting roadblocks. Both victims and fellow accused gather the genocide. As government money therapy to treat stress disorder, human on weekends to stand as witnesses before the community post-traumatic rights cannot heal and describe their experiences involving the accused during activists worry that survivors psychologically the the genocide. The judges handwrite their findings into a because they never speak of their experiences during survivors at least even clothes the dead were at the allows type of story, detailing the genocide. Testifying gacacas one to voice their memories. wearing when last seen. If the accused admits to the acts, opportunity The have their The courts do not conduct he is sentenced to community service, often building houses gacacas problems. extensive into the truth of accusations. A for the widows whose spouses he killed. If he does not investigations were . to in on a bus to stated the accept, he can be sentenced to up thirty years prison. priest Cyangugu gacacas only we a man accused of as truthful as the in the area. weeks before I attended a gacaca in Kigali for being politicians Just in the he a convicted a the chief of a roadblock, killing one man and aiding arrived, explained, gacaca Kigali journalist with his stories. The death of two more. A woman stood and described how she who had upset politicians politicians knew only that her husband, Hussein, was taken to a stadium where the Tutsis were divided from the Hutus. The accused

called Hussein's name and ordered him taken away. She turned to the accused, pleading with him: "We want you We are to tell us what you did to Bwanabweri and Hussein. here for reconciliation. Tell us what you did." The accused refused and was sentenced to thirty years imprisonment. He is currently appealing the sentence. Others in the community, I was told, did apologize for their actions. the benefits of tribunals The gacacas appear to combine and truth commissions. Like a tribunal, the perpetrators the that are prosecuted and punished, creating perception such behavior will not be accepted or ignored. When turned to for the courts hand down a light sentence for cooperation, they gacacas vengeance, convincing community to the The noted the send the message that the accused can expect to reintegrate testify against journalist. priest reverence uneducated Rwandans have for their into the community. Like a truth commission, the victims extreme to discuss their and leaders, it was one cause of the gain a sympathetic forum experiences, saying genocide. The never be fair-the measure which the those experiences form part of the community record of gacacas may by first lead prosecutor of the International Tribunals said the tribunals would be judged. If Hutus perceive the system as unfair, they may easily perceive the courts as a form of victor's justice, preventing the very reconciliation the gacacas were intended to achieve. Despite the risk of initiating this new take on traditional reconciliation, Rwandans are hopeful. As we stood in front of a deep pit at Murambi, Immanuel told how the killers there planned to hide the genocide by throwing the bodies into mass graves. If no one survived to tell the story, he said, no one could prove what had happened. those Through gacacas, the survivors defy killers. The Rwandans face their past as they tell their stories and perhaps make "Never of their future. Rwandans convicted by cominunity courts perform community service Again" part

SCHOOL 9 FALL 2006. THE UNIVERSITY OF CHICAGO LAW 0Uft!

resolution for the seventeen debates can last past it was chosen, in �euntil midnight when years, part, of its to students from the Law because ability generate dissonant School, Graduate School of Business, viewpoints among conservatives. Resolutions since and other University departments gather have from the timeless, in the Home Room of International ranged "Resolved: The State Exists to Make Men House. The spirited exchange of ideas, to the "Resolved: On on Virtuous," timely, opinions, and analysis began again September 30, 2006, at precisely 7:30 p.m., when the 209th debate of the Edmund Burke RESOLVED: Society was gaveled to order. ON TO IRAN Steeped in tradition, the Edmund Burke Society time-honored as the debate may seem as legendary to Iran." While the bills itself as societies of Yale and Harvard. By comparison, Society founded decades a conservative parliamentary debating however, the Society is young; it was the definition of conservative later. "Most of the founders, including me, were society, very has even been a of debate. "There graduates of Yale College," explained Joseph Smith, subject of are so many factions within our Jr., '91. "Yale has a rich and storied tradition conservative membership-from student debate, modeled on the student debating take libertarian to social conservative societies at Cambridge and Oxford. It didn't noted Laura lacked like that, to traditionalist," us long to notice that Chicago anything Kamienski, '05, a "Sometime" (i.e., former) Chairman. so we decided to start such a group." to strike a balance with our resolutions and The first Edmund Burke Society debate, "Resolved: This "We try

on for everyone-philosophical, cultural, House Prefers Reagan to Bush," took place October provide something et cetera." 18, 1989, in the Upper Burton-Judson Lounge. Like every policy-related,

conservatism. While the theorist and philosopher published Edmund Burke, above, is held by many to be the father ofAnglo-American political on the Revolution in France (1790). According to Joseph Smith, Jt; '91, and spoke extensively, he is perhaps best known for his Reflections other Alexander Hamilton's. But no one the founders of the University of Chicago's Burke Society "actually considered names, including " speaks to modern conservatives like Burke.

LAW S C H 0 0 L • F ALL 2006 10 THE U N I V E R SIT Y 0 F CHI C AGO tradition. From the first-edition of Edmund Burke's Each debate follows a set program. The Chairman calls copy on the Revolution in France that is the event to order and members make announcements.' Reflections prominently which are at debate, to the "awards" and Up to three short literary presentations follow, displayed every sportive bestowed for or often relevant to the topic at hand and range from the classic "prizes" particularly long-winded equivocating the traditions of the are elaborate and (Plato) to the contemporary (a memoir from Iraq). Finally speeches, Society the resolution is announced and the discussion begins. varied. Many of them are known only to members-a fact and Arguments alternate between the affirmative and the negative, that further explains the strong sense of community camaraderie the its faithful. Some with "no notes, no teams, no judges, no time limits, just Society generates among alumni members of the Society keep up with current resolutions, and many return to participate in a special debate RESOLVED: typically held during Reunion Weekend each year. Not the has and even THE STATE EXISTS TO MAKE surprisingly, Society inspired friendships marriages. "Some of the finest people I've ever met were MEN VIRTUOUS part of the Burke Society," said Marsha Ferziger Nagorsky, '95, "and many are among my closest friends today." and of The ofthe Burke is now as extemporaneous speeches, questions and answers, history Society nearly said Smith. storied as that of the Yale and Oxford societies, course a healthy dose of heckling and humor," debating and members can find it difficult to their most It is the spontaneous nature of parliamentary-style debate pinpoint that makes the Society unique, and the perfect complement memorable debate. For Kamienski, it was "'Resolved: This House a Federal Amendment.' to the rigorous classroom experience at the Law School. Supports Marriage the non-members who came the "The Society helped me to develop my thoughts and Many of expected to be one-sided. and several opinions, and taught me how to structure an argument speeches They weren't, people on how were what off the cuff and defend it on the spur of the moment," said commented surprised they by they cites "Resolved: Skate," Kamienski. Smith agreed: "It was a wonderful diversion from heard." Nagorsky Skate, Tonya, for the infamous incident between skaters the hard work of law school, yet also intellectually worthwhile. named Olympic

as but when one and as one of her many Many people may not regard debate relaxing, Nancy Kerrigan Tonya Harding, favorites. And for Smith? "One of the most memorable spends the morning debating, say, Professor Helmholz, events hosted the was not a debate and then the afternoon debating, say, Professor Currie, it by Society actually but a speech, given by Judge Posner in 1991, on the topic, 'Why I am not a conservative.' It was literally standing RESOLVED: room only." THIS HOUSE PREFERS The energetic debates of the Edmund Burke Society, with their timeless and sometimes humorous topics, have REAGAN TO BUSH quickly become star events that can pack a room. "One the is thing I would say to anybody curious about Society to know about it is to attend a is indeed refreshing to spend the evening debating, say, that the only way anything the editor-in-chief of the Law Review" debate caucus or two," stated Ed Cottrell, '08, ChiefWhip for the fall "What from its event The Society serves refreshments at each debate, and quarter. might appear announcements to be a formal-some even ladies and gentlemen must follow a strict sartorial code. might say of like-minded individuals offers Any participant, not just members, may speak; the only "stuffy"-group actually wear a a chance to relax while in requirements are that gentlemen speakers must tie, great exploring interesting topics a and diverse and all speakers must debate respectfully, with an open fun, friendly, surprisingly intellectually For students and alumni of the Law School, mind and good manners. atmosphere." blend of social and intellectual will Four debates take place each quarter, but the Society the Society's pursuits from academic and also spreads its merriment through social events as well. continue to be a welcome diversion life. Occasional teas are convivial gatherings imbued with professional

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better have even concluded that media the tudents have been grumbling for a while about the digital represent value with the of housing a print inadequate study and meeting space at the D'Angelo compared expenses no students use collection. Stanford Law School, for example, longer Law Library. The vast majority of law most law current but are no restricted to retains they buy journals, laptops now, and since they longer journals: Stanford's law has also have moved back into the discard most after five years. library computers at home they Library Most law firm libraries But efforts to retrofit withdrawn its state official reports. to study and meet with study groups. have shed much of their collections as well. the D'Angelo Law Library tower to accommodate new print With vast amounts of information searchable in technologies have met with limited results. hundreds of the rise of media has undoubtedly Architects and designers faced a considerable challenge ways, digital transformed Randal Picker, '85, the Paul H. transforming the Library tower into a comfortable and scholarship. calls and Theo Leffmann Professor of Commercial Law, discovered technologically accessible space. The renovation plan the Book database: full a new student an Google for allocating half of the third floor to interesting repositoryin text versions of Records. Before the Internet, services suite, and replacing large sections of book stacks Congressional but now is what to these records involved a lot of reading, with study and conference areas. The problem finding searchable online. A few in do with all those books. they are fully keystrokes Books Picker locate specific information in The changes underway at the D'Angelo Law Library, Google helped with a about the Record. ''And then," Picker said however, are less about rehabbing and more creating Congressional "I went and the volumes to work from. the modern law library. Such a transition is both encouraged laugh, got printed much easier to search information, but you and complicated by the rise in importance of digital media. It is digital sets of or Print allows you WHO NEEDS BOOKS? need specific keywords phrases. useful because don't are available to browse, which can be very you The notion that all resources for legal research know what to look for." online has become widely accepted. Many law libraries always exactly

LAW S C H 0 0 L • F ALL 2 00 6 12 THE U N I V E R SIT Y 0 F CHI C AGO AM PhD chaired the research "The Picker's fall 2006 class on antitrust law may shed some '75, '82, group. J with He does noncorrelation of a student's electronic everyday life light on how student preferences are evolving. most of he wrote, students can his or her research practices surprised us," not assign a casebook for his class. Instead, "and the correlation between electronic- and choose whether to download course materials from his powerful positive was course "It traditional-research quite unexpected." web site or purchase a photocopied pack. may practices that and researchers be that students today don't need all that paper," Picker Understanding students, faculty, to use both and resources led the University said. "It will be interesting to watch their choices." print digital continue its while THE DOWNSIDE OF DIGITAL expanding digital holdings, establishing

a formal commitment to But digital media has its limits. Electronic casebooks print. THE PLEDGE TO SAVE PRINT RESOURCES have not been successful; students still prefer hard copies includes the as The at Library-which when they must read long text. Data aggregators such University Chicago Law one of a handful of libraries in LexisNexis are not libraries; they do not serve as repositories D'Angelo Library-is to content the that is committed preserving print of knowledge. They make decisions regarding country formally resources. To facilitate this commitment, the University based on other criteria. LexisNexis recently stopped providing an addition to the articles from American Lawyer Media, publishers of will build Regenstein Library-a automated in which books are American Lawyer, National Law Journal, and Legal Times. high-density storage facility retrieved one shelved size, tracked barcode, and by A researcher might locate an article online day, but be by by removed it. unable to find it again because the aggregator of state vast amounts LexisNexis also routinely removes the earlier years With of of low rates. This statutes and session laws because usage searchable in but it information policy is not a problem for most practicing lawyers, for students and scholars. the rise can be a serious obstacle hundreds ofways, of said "The same thing can happen with print," Judith media has undoubtedly Wright, Associate Dean for Library and Information digital can and do Services at the D'Angelo Law Library. "Books transformed scholarship. to either go missing, but they are relatively easy replace in Park as to the of robots. This ambitious project-known Hyde or locate in another library. In addition dangers ASR-will vendors with financial motives, the Automated Storage Retrieval or ultimately relying on commercial the libraries You not house 3.5 million volumes, giving University digital archives are fragile in a different way. may one of link and a combined of over 10 million volumes, know a resource isn't available until you click the capacity the collections in North America. discover the file is corrupt, or the link is bad or just gone." largest print renowned architect Helmut Jahn will True digital archiving is expensive and a challenge to Internationally and hardware need the Douglas Baird, the Harry A. Bigelow manage because the data, software, design building. Service Professor of Law and a former Law frequent migration and upgrades. Distinguished because School dean, served on the committee that selected Jahn Digital resources also face issues of reliability "The Baird said, "was to create are to "fix." the online for this challenge," of how easy they Wikipedia, project. while the nature a that accommodates the technology encyclopedia, is a good illustration of temporal building traditions. correct the site and the University's Jahn's of digital media-s-everyone can and does everyone respecting this combined this constant demonstrated that he understood else. In theory, and very often in practice, plan commitment. The collections will be safe and accessible, revision improves available information. But a Wikipedia print and the will accommodate new and emerging entry can also read one thing one day something building will be a fix is another's but its most public feature entirely different the next. One person's technologies, striking room-one we felt was so the that perfectly revanchism. Law depends upon reliable citation, spectacular reading traditions." concern. in with the intellectual transient nature of electronic information is cause for keeping University's set to break on this in conducted an extensive The is ground facility Last year, the University survey University books from used available autumn of 2007. The site will house 200,000 to investigate how students and faculty of the current an effort to for the the Law Library-thirty percent resources. The survey was part of plan D'Angelo Andrew collection. future of campus libraries. Professor Abbott,

CHI C AGO LAW S C H 0 0 L 13 F ALL 2006 • THE U N I V E R SIT Y 0 F which should alleviate concerns that BOOKS ON HOLD digitally, large portions law of the collection will be inaccessible. In addition, the With long-term storage solutions mapped out, downtown law Kent, DePaul, librarians could create a plan of action for renovating the Chicago libraries-Chicago and Northwestern-still retain their D'Angelo Law Library. The last few years have been spent John Marshall, Loyola, Because of the of in preparation: librarians undertook the daunting task of print collections. University Chicago's these law libraries are to deciding which books, monographs, and journals would commitment to print, expected in the tower or in deaccession of their collections in stay in the collection; which would stay large portions print as on the collections housed coming years, relying needed "The collections will be in the ASR through traditional interlibrary loan programs. print In the short term, students are still coping with a scarcity the of But the Law School has solutions to safe and accessible, building study space. mitigate the crunch. "Students are free to study in the classrooms will accommodate new whenever are not in use for class or meetings," " they and emerging technologies. Levmore said. "They can use the classrooms for both went the individual and group study. We through previous and sent to the which of renovations to make the classrooms compact shelving, which would be ASR; cutting edge will make full use of those would be digitized; and which would be deaccessioned. comfortable, and we hope they They removed duplicate copies from the collection, donating spaces. But if students prefer a library environment, they are welcome to in of the other libraries on most to other libraries. These donations included the 2,500 also study any their law where all online materials from our will be volumes sent to Tulane University to help rebuild campus, library their library after the destruction brought by Hurricane Katrina available to them via laptops." The to the modern law is marked with and 30,000 volumes sent to the University of Hawaii to path library from the mundane issue of replace books lost to the recent flooding there as well. obstacles, seemingly storage "dark to the of But these Other parts of the collection will sit in storage"­ challenges technology. overcoming vast dividends can settled in the and inconveniences now will an interim, off-site space-until they be challenges pay scholars. ASR. Most of the information in these books is available for future generations of students and

• F ALL 2006 14 THE U N I V E R SIT Y 0 F CHI C AGO LAW S C H 0 0 L time. When I think back to law school there's I am delighted to welcome my graduation, or what he or of the law. one I can't remember-who spoke you to the profession only thing she said. here I find that rather depressing. "The first thing we do, let's kill all the Standing today, We have else in common. You and I both lawyers." That, of course, is from Shakespeare. something Congratulations. that had the same teacher-David Currie. When I was a student, It's generally cited as the first lawyer joke. Now you're was still new to the You've had the a used to it. David relatively job. on the br�nk of becoming lawyer, get with him in his final of service and I have in common. of studying year By the way, you something privilege as a full-time member of our For forty-four years, I graduated from law school exactly thirty-five years ago. faculty. David has been a brilliant scholar, teacher, We're therefore in the same reunion cycle. When you colleague, fortieth. When mentor, and friend. celebrate your fifth, I'll be celebrating my educators and I'll be fiftieth. David is one of the truly great legal legal you celebrate your fifteenth, celebrating my thinkers of the half century. His presence has graced Beyond that, you're on your own. past on behalf of when our Law School and our lives. Please join me, From where you sit now, the year 2041, you'll thousands of of Law School students celebrate your thirty-fifth reunion, must seem awfully University Chicago who have had the of from David Currie, distant. But, let me tell you, from where I sit now, thirty-five privilege learning of us. I it will be 2041 in him for all he has done for all years ago was like yesterday. promise you, thanking another in common. When I a law school exam. Before You and I have before you know it. Life is like you thing from the law school, the nation was at war. know it, you're on the last question and there's not enough graduated

AGO LAW S C H 0 0 L 15 F ALL 2006 • THE U N I V E R SIT Y 0 F CHI C most, of came to law school at least Of course, it was a different war. But the war in Vietnam Many, perhaps you in because believed the law would enable did have some things in common with the war in Iraq. part you you to do some in the world. Now, I know that By 1971, there was a lot of chatter about a phased good many, of have to that even as withdrawal ofAmerican troops, and about gradually perhaps most, you begun recognize a this will be harder to do than three turning the fighting over to the South Vietnamese. As lawyer you thought of all-do turn out too well. Do not and-most important you may know, that didn't years ago. despair not ever let lose voice. it not By 1971, most Americans were wondering why we were yourself your Although may

You are thefirst and last line ofdefense against intolerance, hysteria, and repression.

feel like it at the moment, you have more power to do good in the world today than ever before in your life. "The first thing we do, let's kill all the lawyers." You know, of course, that wasn't a lawyer joke. Rather, that statement in Cade's was made in Henry Vlby one of the conspirators Rebellion-conspirators who were plotting to overthrow and liberties the English government and destroy the rights Michael Vermylen, Eric Waldo, and Sarah Walker fighting there, why the "coalition of the willing" was so small, and whether it was moral for us to inflict such awful suffering on the Vietnamese people in order to serve our own national interests. By 1971, the president was trying to stifle the New York Times and the Washington Post for publishing government secrets, criminal investigations of government leakers were well underway, and the NSA was unlawfully spying on the American people. Some things never change. and Cass Sunstein On the other hand, the Geoffrey Stone, 71, we let's kill all public reactions to Vietnam of the English people. "The first thing do, That volumes about the role and and Iraq were somewhat the lawyers." speaks different. By 1971, we had responsibility of lawyers in a self-governing society. American the most intense seen massive antiwar Throughout history, pressure demonstrations in cities for the sacrifice of civil liberties has come in time of war. hooded for in wartime the national Meredith Schultz, '06, by across America, students Of course, this is only natural,

Alec Huff Schultz, '06 most threatened. In such circumstances, shot to death by national security is directly it is inevitable that will arise about whether guardsman at Kent State University, and hundreds of grave questions we can afford our freedoms. The is to decide college campuses shut by antiwar protests. challenge with how much sacrifice of freedom is warranted. One of you asked me recently, "What's wrong my One of the lessons of is that in time of war we not generation? Why don't we seem to care?" I explained that history a our liberties, but we do so excessively there's nothing wrong with your generation-that good only compromise a we almost come to As old-fashioned draft wouldn't cure. and to degree always regret. Justice

• ALL 2006 16 THE U N I V E R SIT Y 0 F CHI C AGO LAW S C H 0 0 L F a court to decide whether detention is lawful. Robert Jackson once observed, "it is easy, by giving way to ask your When the writ of habeas is the to the passion, intolerance, and suspicions of wartime to corpus suspended, president or can arrest and detain for reason, or reduce our liberties to a shadow, often in answer to his agents you any

no reason at and no court can intervene on exaggerated claims of security." If we are to avoid repeating for all, your behalf You are at the of the executive. the mistakes of the past, we must understand why this entirely mercy During as the Civil as as 38,000 civilians were happens. In large part, this is now your job, lawyers. War, many imprisoned authorities without review. To begin, we need a quick review of American history. by military any judicial I will briefly mention five episodes to illustrate the point. In 1798, the United States was on the verge of war with France. Less than a decade after we adopted the First Amendment, which provides that "Congress shall make in no law... abridging the freedom of speech," Congress, the throes of war fever, enacted the Sedition Act of 1798, which effectively made it a crime for any person to criticize the president, the Congress, or the government of the United States. So much for the First Amendment. the Civil Abraham Lincoln Sixty years later, during War, suspended the writ of habeas corpus on eight separate habeas is one occasions. As you know, the writ of corpus of the bulwarks ofAnglo-American law. If you are seized by executive officials, the writ of habeas corpus enables you James Ji. '06, and Audrey Jeung, '06 During World War I, President Wilson pushed through Congress the Espionage Act of 1917 and the Sedition Act of 1918, which made it a crime for any person to criticize the the government, the Congress, the president, the flag, Constitution, the military, or the uniform of the military of the United States. Some 2,000 individuals were prosecuted under these laws. The punishment for criticizing the war or the draft typically ranged from ten to twenty years in prison. The effect was to stifle virtually all dissent. In World War II, President Roosevelt ordered the internment of more than 110,000 people ofJapanese descent, two-thirds of whom were American citizens. Not a single one of these men, women, or children was ever accused of disloyalty, espionage, sabotage, or any other unlawful act. But in an atmosphere of hysteria, they were shipped off to internment As we camps and held behind barbed wire for three years. now know, this tragedy occurred not because of any military necessity, but because of a desire to appease racism

on Coast . and curry favor with voters the West States stumbled into a . During the cold war, the United vicious era of McCarthyism that was fed not only by a legitimate fear of Soviet espionage and sabotage, but also by manipulative politicians who exploited this fear for partisan and personal gain. By turning Americans against Americans, the "Red baiters" generated a frenzy of accusation, investigation, and persecution that ran

over Constitution. Procession to the Hooding Ceremony in Rockefeller Chapel roughshod the

L 17 F ALL 2006 • THE U N I V E R SIT Y 0 F CHI C AGO LAW S C H 0 0 of World War II, in the Justice Department As these episodes suggest, we have a recurring pattern During lawyers and more our civil liberties. resisted the internment ofJapanese Americans, overreacting and needlessly abandoning dedicated carne to than later a of lawyers fought Indeed, after each of these periods ended, we recognize forty years group vindication of the never to do it for and won rights the magnitude of its excesses and promised again. eventually judicial interned because to honor it. Once of those who had been unconstitutionally It is easier to make this promise than of their race. we are in the midst And the of a wartime during cold like atmosphere, it is war, lawyers Thomas difficult to strike Emerson, Rauh, and the proper balance Joseph Fortas risked between security Abe to stand and freedom. Just as everything up to the of the an individual in the ravages House Un-American midst of a personal Activities Committee crisis finds it hard to and other government see clearly, a nation that were Ashley Litwin, '06, and William Rudin, experiences the agencies MBA at the Hooding Ceremony determined to '58, same problem, only humiliate and fear reinforces the f�ar of worse, because each person's Brian Perez-Deple and Courtney American those around him. destroy Peters-Manning citizens because of This is where you-as lawyers-enter the picture. Lawyers role in these debates their beliefs and associations. can and must playa central shaping political individuals have been trained to You should know that, over the years, and guiding our nation's policies. You because connected with the of have played be clear eyed, principled, and rational. It is precisely University Chicago pivotal roles in these struggles. During World War I, U of C law professor Ernst Freund was one of the most effective and vocal critics of the Espionage and Sedition Acts. Learned Freund was the first to argue, even before Hand, that free speech finds its limit in the realm of political to crime." discourse only in express "incitement During the cold war, University of Chicago president Robert Maynard Hutchins, a lawyer, was the nation's most of that outspoken academic opponent of the witch hunts demanded era. On one occasion, when the Illinois legislature that the University of Chicago fire one of its more left-wing members professors, a group of faculty approached Hutchins and warned, "If the Board ofTrustees dismisses Professor Lovett, you'll receive the resignations of at least which Hutchins "Oh twenty full professors," to replied,

successor will." no, I won't. My fellow alumnus Sharon Fairley Rogers, '06, hooded by John Rogers, '48, and During the Vietnam War, your Ramsey MA '53 to the so-called Gwendolyn Rogers, Clark refused as attorney general indict for after the 1968 Democratic of that training that "the first thing we do, let's kill all the Chicago Eight conspiracy defense Convention. Several months later, when Clark's successor, lawyers." You are the first and last line of against reversed this decision, he that intolerance, hysteria, and repression. John Mitchell, charged the like the best Clark's "trouble was that he is too concerned with Throughout our history, the best lawyers, moderate of the individual." citizens, have opposed these excesses and helped to rights Another U of C Law School alum and faculty member, them. During World War I, lawyers in the Free Speech League the trial defendants courageously defended those whose rights were attacked. Harry Kalven, represented conspiracy

LAW S C H 0 0 L • F ALL 2006 18 THE U N I V E R SIT Y 0 F CHI C AGO from the and The issues on appeal, winning a reversal of their convictions through political legal systems. may the Seventh Circuit. range from torture to electronic surveillance, from the secret Still another U of C Law School alum and faculty detention of Americans citizens to the denial of habeas who these issues to the member, Edward Levi, as attorney general under President corpus. It will be lawyers present that the most of all, to the Ford, put in place a series of guidelines sharply courts, Congress, and, important American public. It is lawyers who will educate and inform citizens about the nature and importance of our liberties. The profession you are about to join is fundamentally responsible for helping our nation strike the proper balance between liberty and security. As you move on in your careers, of those who I hope you will remember that the first step would deny our liberties is "to kill all the lawyers."

Have confidence in American values. Befearless in your defense ofliberty.

and Leslie Sturgeon, Ryan Strohmeier; Keely Stewart, It is, of course, much easier to look back on past crises Christopher Spillman and find our predecessors wanting than it is to make wise

we are in the of the storm. restricted the authority of the FBI to investigate groups judgments when ourselves eye now falls to Have confidence in and individuals solely on the basis of their constitutionally But that challenge you. protected expression. American values. Be fearless in your defense of liberty. As Louis Brandeis some And still another of your fellow alums, Jim Goodale, Justice explained eighty years ago,

the "those who won our ... knew that fear breeds was general counsel for the New York Times during independence and that is the secret of Pentagon Papers case and played a central role in crafting repression" "courage liberty." the vindication of First Amendment rights in wartime. Those may be the two most important lessons for you to

are in mind. Let that be the of As we move forward in the next several years, we bear legacy your generation. Thank going to see issues of this sort continuing to percolate you.

Clarence Franklin and Jason Frazer

F ALL 2 0 0 6 • THE U N I V E R SIT Y 0 F CHI C AGO LAW S C H 0 0 L 19 • • CI tnle News

ensure that children who do return home for Children and working to Advocating Displaced will be cared for and safe. A national initiative to the interests ofimmigrant safeguard A role for ICAP students will be to write advocacy Aid Clinic the significant children comes to the Edwin F Mandel Legal of briefs on behalf of individual children that incorporate Law School. Maria Woltjen will head University ofChicago international human rights principles and country-specific the Childrens Advocacy Project, which provides Immigration legal and factual research. Their responsibilities, however, child advocates to unaccompanied immigrant protection will extend far beyond legal research. For example, students children in federal custody. one of four must be moderately fluent in languages spoken undocumented children, Last year, 7,787 traveling by as children who are commonly taken into custody illegal and taken into by themselves without parents, were apprehended immigrants: Spanish, Mandarin, Hindi, and Cujarati (the authorities as tried to enter the custody by immigration they The ICAP advocates language of the Indian state of Gujarat). will regularly interact with the children and work on their behalf, meeting with them at least once a week at the Chicago shelter and accompanying them to court and to meetings will conduct factual research with government officials. They United States and regarding the children's presence in the conditions in their countries of origin and develop written recommendations regarding their best interests. Maria Woltjen has led efforts on behalf of children's rights led the Children's since 1991. From that year until 1996 she Advocacy Project of the Chicago Lawyer's Committee for Civil Rights Under Law. She then turned to the issue of childhood lead poisoning for residents of public housing in Chicago, spearheading the campaign that persuaded the Chicago Housing Authority to implement programs to eliminate lead hazards and prevent children from becoming

as a liaison to the poisoned. That success led to work Chicago Maria Woltjen communities ofAustin, North Lawndale, and Rogers Park, the a United States. For some, trip represented dream-reuniting a community participation in development of conditions to facilitating with or relatives; escaping miserable parents to eradicate childhood lead poisoning. from citywide strategy start a new life. For it was a others, nightmare-sent member at the ChildLaw was an faculty in Woltjen adjunct their homes to hard labor in a strange land; or caught up Center of University Chicago School of Law luckiest Loyola the worst forms of human For all but the trafficking. between 2001 and 2004. children, life after apprehension means separation from family and the continuing fear of what might happen next. "Some of these children do have claims for legal relief," said Maria Woltjen, who heads the Law School's newest legal clinic, the Immigrant Children's Advocacy Program, to their stories from or ICAP "But often it's necessary draw

are for relief." them to figure out whether they eligible legal some As a means of relief from potential deportation, and children are eligible for political asylum special protective visas for victims of trafficking, abuse, abandonment, and

torture. Students of the ICAP clinic will act as guardians ad litem for the children, helping to determine what court action is in their best interests, advocating for their well-being,

LAW S C H 0 0 L • F ALL 2 0 0 6 20 THE U N I V E R SIT Y 0 F C H· I C AGO Introducing the New Dean of Students the Law School's On the bookshelf in the office of Michele Baker Richardson, The Immigrant Children's Advocacy THE a that reads: ENJOY new dean of students, there is prominent plaque launched at the Law Project at the of JOURNEY. A popular T-shirt worn by students University Chicago School in the Fall term of 2006. where fun comes to Law School refers to the Law School as "the place train student advocates jokingly Woltjen will and However, die" because of the work ethic and intensity of our students faculty. and children's to identify represent was Richardson recalls that the most fun that she's ever had professionally directly best interests during immigration nature of the work. "If look at all duties, correlated to the challenging you my Past advocates have proceedings. students or with whether the they're related to counseling individual working done critical work on behalf of add to one important thing: student groups on programming ideas, they really up detained immigrant children, as helping students to "enjoy the journey" by removing illustrated in the following vignette: obstacles as 1 can to as many nonacademic possibly arrived at the shelter When he in their law ensure our students' full engagement in Chicago, it was clear that Xie school experience." from Min, a sixteen-year-old boy her to Richardson's own journey through life brings China, had a mental disability. the Law School with experiences that qualify her most When an advocate was assigned, herself distinctively for meeting the goal she has set for Xie Min had been she learned that from Brown After earning a degree in economics required to proceed with his asylum University, she attended Yale Law School. Upon se and hearing in Seattle pro the late graduation from Yale in 1990, she clerked for without any adult to accompany Michele Baker Richardson Judge A. Leon Higginbotham Jr. on the United States him. The advocate obtained a Circuit before a fellowship Court ofAppeals for the Third completing teaching transcript of the immigration Richardson Stanford Law School. Prior to a career in legal academia, had at pursuing proceeding in which the boy DC. at & Hartson in Washington several years in private practice Hogan nonsensical answers to the spent given with the Clinton administration's Her time at & Hartson coincided and Hogan government attorney judge's and for health-care reform, and her experiences with legal analysis lobbying nevertheless, the push questions; interest in health law. the forms related to that led to an enduring Among proceeded agenda Immigration Judge of directors of Advocate that interest takes is her position on the board and denied relief. today with the hearing of health services. Health Care, one of the largest Chicago-area providers advocate worked with pro The of Law in 1994, and the She joined the faculty at Chicago-Kent College during bono counsel through the National her interest in evolved into an ever-stronger twelve years she was there, teaching Immigrant Justice Center to prepare students in an role. While also desire to work more directly with advisory teaching motion to with the Board a reopen Kent's academic in the health law area, she set up and ran Chicago- support program, of the motion Immigration Appeals; Richardson comes to the realizing that she'd found her niche in student services. was and the case was granted of where she was asked University of Chicago from DePaul University College Law, remanded to the Immigration academic Once her hands-on to assist in revitalizing their support program. again, Court. Xie Min eventually was students in outreach efforts to student and individual was employed in groups released from custody and has style most out of their time in law school. need of assistance to help them get the shuttled back and forth across been her own new dean of students has As fair as it is to say that the greatly enjoyed the the Chinese country through more "I seems true that it enjoyable. journey so far, it als� just keeps becoming employment network. ICAP will than she said. "We have phenomenal can't a better place to be right here," work with counsel to ensure the imagine and a administration that is completely students, an astonishing faculty, great for a protective visa boy applies academic and environment." Students devoted to fostering the best possible personal for victims of trafficking. infectiousness of the new dean's enthusiasm, but will benefit not only from the from the wisdom and expertise she's gained along the way.

AGO LAW S C H 0 0 L 21 • V E R SIT Y 0 F CHI C F ALL 2 0 0 6 THE U N I Faculty News

New Profiles state law of which it disapproved. At the Constitutional Faculty Convention he insisted strenuously that the central government could not survive without such a veto power. The Historical Perspective His fellow delegates disagreed, and Madison's idea survived in the of review. Federalism. Few words have a more prominent place in only power judicial discussions of constitutional law and national policy. But LaCroix's studies enlighten many other aspects of the beyond its broad outlines, what exactly is federalism? Does formation of America's legal system. Through a detailed examination of the of for she it have the same meaning today that it had for America's practice dueling, example, shows how laws interacted with and social codes founders? Is it an enduringly constant concept, or have its personal of the colonies until meanings sometimes shifted with circumstances? How did from the earliest days dueling finally died out in the South after the Civil War. Her the idea of a divided system of many years of the Hartford Convention of 1814-15 reveals government develop among the study deep founders, and how did that idea and competing currents of thought about the role of the take shape during the creation of United States in international affairs, and her analysis of the the Constitution and in the first voluminous writings ofJohn Adams on the subject of privacy demonstrates that founder's view of a notion decades of the new republic? highly suspicious Alison LaCroix, who has joined that has now become enshrined in constitutional doctrine. This LaCroix will her wisdom and the faculty this year as Assistant year impart insights about the historical she has studied Professor of Law, can answer those many developments by questions authoritatively. A graduate leading a seminar on federalism and teaching courses on Alison LaCroix of Yale and Yale Law School, she constitutional law and American legal history. "This historical can students' of practiced for two years at Debevoise & Plimpton in New perspective really deepen understanding vital constitutional issues," she said. "I'm forward York before deciding to return to a love of legal history she looking to some and discussions." nurtured since her early years as an undergraduate. She lively enlightening earned a master's degree in history from Harvard in 2003, taught history to Harvard undergraduates, and is now Questioning Conventional Wisdom putting the finishing touches on a doctoral dissertation for In a clinical trial of two for Harvard tracing the intellectual history of federalism 1989, national drugs arrhythmia was terminated because more than twice as between 1754 and 1835. As a Samuel I. Golieb fellow in abruptly many the suffered heart attacks or died as legal history at New York University School of Law last patients getting drugs did who received were told year, LaCroix participated in one of the country's most patients placebos. Physicians not to in rare circumstances. One distinguished training grounds for legal-history scholars. prescribe the drugs except of the to the New She is delighted to join a faculty noted for its interdisciplinary study's principal investigators expressed York Times what would become the wisdom about approach to scholarship. prevailing the trial's outcome: this trial was In Cambridge she met William Birdrhistle, a Harvard-trained "Absolutely, unequivocally, a success because we have identified two of a that lawyer whom she married in 2003 and who is currently on drugs type the faculty of Chicago-Kent College of Law. are more dangerous than the disease they are supposed to

treat ... The is whether the risks are worth the benefits. Reflecting on her dissertation topic, LaCroix said, "With question really astonishing intellectual virtuosity, the founders­ In the case of these two drugs, we've answered the question." The remained answered in the minds of medical Madison in particular, but also many others who often receive question insufficient credit-crafted this thing they called federalism professionals for many years until Anup Malani, '00, took a second look. In a 2004 a more from a deep study of the entire history of governmental paper, applying sophisticated form of than the researchers used, he structures dating back to ancient Greece. But even Madison analysis original showed that a subset of would didn't get the kind of federalism he wanted." As LaCroix significant patients actually benefit from the has demonstrated, Madison believed that it was essential for proscribed arrhythmia drugs. Malani, who has now been Professor of Law, the federal government to possess the power to veto any appointed

22 THE U N I V E R SIT Y 0 F CHI C AGO LAW S C H 0 0 L • F ALL 2 0 0 6 to his former audience in and reorganization. He is married presented his findings before a skeptical bankruptcy from Law School classmate Rachel Cantor, who is an associate at Chicago in October 2004. He was used to skepticism Kirkland & Ellis. Their son, Eitan, was born in 2005. medical professionals. "My mother, father, sister, and "and several other relatives are physicians," he explained, wondered aloud how in law for a long time they degrees medical and in economics qualified me to proclaim about Books matters." (His economics degree is a PhD from the by Faculty . Baird Elements of Bankruptcy, 4th edition University of Chicago, earned in 2003.) Douglas Some Law School faculty members (Foundation Press 2006). attended his presentation, and he David P. Currie The Constitution in Congress: Descent into 1829-1861 of Press 2005). thinks that may be part of the the Maelstrom, (University Chicago

on the reason why he's faculty Richard A. Epstein How Progressives Rewrote the Law today. "I was doing what the Constitution (Cato Institute 2006). School does so well," he said. Bernard E. Harcourt Language of the Gun conventional wisdom "Revisiting (University of Chicago Press 2006). with hard and new analysis L'illusion de I'ordre: Incivilites et violences urbaines: and saw perspectives, maybe they tolerance zero? (French translation of Illusion of Order: me." a spark of potential in The False Promise of Broken Windows Policing) (Editions Anup Ma/ani His exceptional qualifications for Descartes 2006). didn't hurt either. After legal scholarship and teaching surely Martha C. Nussbaum Frontiers of Justice: Disability, Press graduating from the Law School, he clerked for Stephen Nationality, Species Membership (Harvard University Williams of the United States Court ofAppeals for the D.C. 2006). Court Circuit and then for United States Supreme justice EI cultivo de la humanidad (Spanish translation of Cultivating Reform in Liberal Education) Sandra Day O'Connor. He earned his PhD in economics Humanity: A Classical Defense of the of (Paidos 2005). while also serving on the faculties of University School Virginia Law School and the University ofVirginia Nascondere l'umenite: II dusgusto, la vergogna, la legge (Italian Shame, and the of Medicine's Health Evaluation Sciences Department. translation of Hiding From Humanity: Disgust, (Carocci 2005). Professor Malani's primary academic interests can be LaV'IJ and (Hoover summarized into a few very broad categories-law Richard Posner Remaking Domestic Intelligence law and Institution economics, health economics, and corporate 2005). don't to of finance-but those broad categories begin capture Uncertain Shield: The Us. Intelligence System in the Throes the he has Rowman & Littlefield 2006). the expansiveness of his inquiries. Among things Reform (Hoover Institution and about and then examined are habeas corpus to wondered why Geoffrey Stone Constitutional Law, Annual Supplement than criminal and Louis M. cases are settled much less frequently 5th edition (Aspen Law and Business 2006) (with economic there Cass R. Sunstein, Mark V Tushnet. and Pamela Karlan). civil cases, even though analysis suggests Seidman, whether of to should be no difference; patterns payments The First Amendment, Annual Supplement to 2d edition M. Cass departing executives in mergers and acquisitions might (Aspen Law and Business 2006) (with Louis Seidman, and Pamela Karlan). signal the likely performance of the new corporate entity R. Sunstein, Mark V Tushnet. how effects can be relative to the acquired entity; placebo Cass R. Sunstein Are Judges Politicat? An Empirical Analysis their detected in clinical drug trials, and what explains of the Federal Judiciary (Brookings Institution Press 2006) surveillance Lisa M. Ellman, and Andres Sawicki). action; how differing national policies concerning (with David Schkade, the of and antibiotic stockpiles might affect epidemiology Administrative Law and Regulatory Policy, 6th ed. (Aspen and avian flu; and whether laws can be studied as neighborhood 2006) (with Stephen G. Breyer. Richard B. Stewart, amenities and evaluated by their impact, for example, on Adrian Vermeule). housing prices and wages. teach health law and In the coming school year, he will

L 23 SIT Y 0 F CHI C AGO LAW S C H 0 0 F ALL 2 0 0 6 • THE U N I V E R Facult)l News

FACULTY SCHOLARSHIP 2005-2006

and Albert Alschuler "Serial Entrepreneurs Frank Easterbook "Executive Power, the "Intuition, Custom, Protocol: How To Make "Disparity: The Normative and Small Business "Contract and Copyright," Commander in Chief, and Sound Decisions With and Empirical Failure of Bankruptcies," 1 05 42 Houston Law Review the Militia Clause," 34 Limited the Federal Guidelines," Columbia Law Review 953 (2005). Hofstra Law Review 347 Knowledge," Edward (2006). 2 NYU Journal of Law & 58 Stanford Law Review 2310 (2005) (with Richard Epstein Liberty 1 (2005). 85 (2005). R. Morrison). How Progressives "The Federalism Decisions Constitution and "Justified "Jury Trial," in The "The Story of INS v. AP," in Rewrote the of Justices Rehnquist Monopolies: a Loaf Pharmaceuticals Heritage Guide to the Intellectual Property Stories (Cato 2006). O'Connor: Is Half Regulating 58 Stanford and Telecommunications," Constitution 348, Edwin 9, Jane C. Ginsburg and "Altruism and Barter," Enough?" Law Review 1793 (2006). 56 Case Western Law Meese, Matthew Spalding, Rochelle Cooper Dreyfuss, The National Law Journal 1 03 & David eds. (The eds. (Foundation Press Review (2005) Forte, (May 8,2006). "For Love or Money," Heritage Foundation 2005). 2005). Review of Viviana A. "Kelo: An American "Ambush in Angleton," The Purchase of Original," 8 Green Bag 2d Douglas Baird "Substantive Consolidation Wall Street Journal A 10 Zelizer, Elements of 47 Boston Intimacy, The New York 355 (2005). Bankruptcy Today," College (August 22, 2005). Times Book Review A23 (Foundation Press 4th Law Review 5 (2005). Beancounters," "Behavioral Economics: "Kidney edition 18, 2005). 2006). Buss (September The Wall Street Journal Emily Human Errors and Market "Absolute Valuation "Radical "Further Thoughts on the A 15 (May 15, 2006). Priority, Change Through Corrections, "73 University and the Conventional Means," 12 Privileges or Immunities Uncertainty, of Chicago Law Review "Learning to Live with Journal of Social Clause of the Fourteenth Reorganization Bargain," Virginia 111 (2006). Risky Drugs," National Journal & the Law 577 (2005). Amendment," 1 NYU 115 Yale Law Policy Post A 15 (August 2,2005). "Class Action Fairness 1930 Donald Journal of Law & Liberty (2006) (with Mary Anne Case Act: Further Fix Needed," "The Monopolistic Vices 1095. Bernstein). "Community Standards and The National Law Review of Progressive Constitu- t t in the Margin of Appreciation, in Treacherous "Adversary Proceedings 23 (November 21, 2005). "Google tionalisrn." [2004-2005] A 25 Human Rights Law Waters," FTcom Bankruptcy: Sideshow," http:// Cato Supreme Court "Court Soft on Property Journal 1 0 (2005). news.tt.com/cms/s/d l b25 79 American Bankruptcy Review 11. The Financial Rights," 3de-9726-11 da-82b7-00 Law Journal 951 (2006) "Marriage Licenses," 89 Times 17, 2006) at "Obligation of Contract," (May 0077ge2340. htm I (with R. Morrison). Minnesota Law Review http://news.ft.com/cms/s/ in The Heritage Guide to 2006). 1758 (2005). (February 6, "The Boilerplate Puzzle," 6a9ade66-e4ef-ll da-80 the Constitution 1 71, Forte 104 Law Review "Handouts No Boom to Michigan "Pets or Meat," 80 de-000077ge2340.html. & Spalding, eds. (2005). Business," New Zealand 933 (2006). Chicago-Kent Law Review "An Economist in Spite of "Of Citizens and Persons: Herald (July 18, 2005). and the 1129 (2005). "Discharge, Waiver, Himself," in The Origins of Reconstructing The Behavioral Undercurrents "The Historical Variation David Currie Law and Economics: Privileges or Immunities of Debtor-Creditor in Water Rights," in The Law," The Constitution in Essays by the Founding Clause of the Fourteenth of Evolution of Markets for 73 University Chicago Congress: Descent into Fathers 263, Francesco Amendment," 1 NYU Law Review 17 Water: Theory and (2006). the Maelstrom, 1829-1861 Parisi & Charles K. Rowley, Journal of Law & Liberty of Practice in Australia 24, "Private Debt and the (University Chicago eds. (2005). 334 (2005). Jeff Bennett, ed. (2005). Lever of Press 2005). t t Missing Corporate "Executive Power on "One Stop Law Shop, 154 "Intel v. Hamidi: The Role of Governance," University "The Constitution of the Steroids," The Wall Street Legal Affairs 34 Law in Cyberspace," of Pennsylvania Republic of Texas, Part II," Journal (February 13, 2006). Self-Help (March/April 2006). Economics Review 1209 (2006) (with 8 Green Bag 2d 239 (2005). 1 Journal of Law, Robert K. Rasmussen). & Policy 147 (2005). "Texas," in The Louisiana Purchase and American "Introductory Remarks: Expansion 111, Sanford Some Reflections on and Levinson & Bartholomew H. Two-Sided Markets 2005 Columbia Sparrow, eds, (Rowman & Pricing," Review 509 Littlefield, 2005). Business Law (with Victor Goldberg).

• 24 THE U N I V E R SIT Y 0 F C H J C AGO LAW S C H 0 0 L F ALL 2 0 0 6 of Private "Scots Law in the New Uncorporations and the "Overrule 'Teal,'" The "Untying the Grokster "Determinants Enforcement in World: Its Place in the Delaware Strategy, 2005 National Law Journal 23 Knot: Learning to Live in a Antitrust Illinois Law 12 the United States," 1 Formative Era of American University of (August 15, 2005). Second-Best World," 52 Review 195. Brown Journal of World Competition Policy Law," in Miscellany \I, "A Popular Insurrection on 177 International 28 (2005) Stair Society 169, Hector Affairs (Summer/Fall or Property Rights," The Free- Taxing Obesity...;. (with Leah Brannon). MacQueen ed. (Edinburgh 2005). the man 8 (November 2005). Perhaps Opposite, 2006). "Weak and Strong Bernard Harcourt 53 Cleveland State Law "Public Use, Public Benefit Gun: Conceptions of Property: Language of the Review of Andreas Review (575). & Public Trust: Can Both Public An Essay in Memory of Jim Youth, Crime, and Richter, Rechtsfahige Cooley and Kelo Be Douglas Lichtman Harris," in Properties of Policy (University of Stiftung und Charitable Wrong," 9 Green Bag 2d "Defusing DRM," 4 IP Law: in Honour of Chicago Press 2006). Corporation (2001), in . Essays 124 Law & Business 24 (2006). Rechts- Jim Harris 97, T. Endicott, 72 Tijdschrift voor L'illusion de I'ordre: (February 2006). the Citadel: 160 (2004). "Rebuilding Joshua Getzler & Edwin lncivilites et violences geschiedenis " Causation, and Hold i ng I nternet Services Privity, Peel, eds. (2006). urbaines: tolerance zero? Review of Paul Brand, Freedom of Contract," in Providers Accountable," "What Light If Any Does (Editions Descartes 2006). Kings, Barons and Exploring Tort Law 228, M. 14 Supreme Court Justices: The Making and the Google Print Dispute "Broken Windows: New Stuart Madden, ed. (2005). Economic Review (2006) Enforcement of Shed on Intellectual Property York Legislation Evidence from New (with Eric Posner). of "The Regulation 7 The Columbia in Thirteenth-century Law," City and a Five-City Social the Interchange Fees: Australian England (2003), in 36 "Patent Holdouts and Science and Technology Experiment," 73 University t r Fine-Tuning Gone Awry, Albion 665 (2005). Standard-Setting Process," Law Review, http://www. of Chicago Law Review 2005 Columbia Business Academic Advisory Council stlr.org/html!volume7/ 271 (2006) (with Jens Review of James A. 1.3 & Law Review 551 . Bulletin (Progress (2006). Ludwig). Brundage, The Profession Freedom Foundation May v. Wade "Rule Roe "What (Not) To Do About and Practice of Medieval "Policing LA's Skid Row: 2006). Inadmissable In Alito's Canon Law (2004), in 56 Obesity: A Moderate Crime and Real Estate "Substitutes for the Confirmation Hearings," 93 Journal of Ecclesiastical Aristotelian Answer," Redevelopment in Doctrine of Jewish Forward, Journal History. 765 (2005). Equivalents," Georgetown Law Downtown Los Angeles (December 9, 2005). 93 Georgetown Law 1361 (2005). [An Experiment In Real Dennis Hutchinson Journal 2013 (2005). "Second-Order of 2005 Court Rationality," "Who Will Judge the Time]," 2005 University Supreme in Behavioral Public Finance Forum 325. Review (2006) (edited "What To Do About Bad Inquisitors," Wall Street Chicago Legal 355 E J McCaffery & J. with David A. Strauss and Patents," 28 Regulation Journal (July 21, 2005). "The Road to Racial eds. (2006). Geoffrey R. Stone). Magazine 10 (Winter 2005) Slemrod, Criminal "Written in Stone," Wall Profiling," in (with Mark Lemley & versus Carol and the Transfor- "Separation Street Journal A 15 Procedure Stories, "Aspen Bhaven Sampat) (reprinted We mation of Blackmun," Accomodation: Why 17, 2005). Steiker, ed. (Foundation Harry (September in IP Law & Business Should Favor the Latter," Press 2006). 2005 Supreme Court Douglas Ginsburg (December 2005)). 2006 [Winter] Criterion 3. Review 307 (2006). "Article I, Section 1, "Seeing Crime and lyonette louis- "Takings, Commons, and Punishment Through a Joseph Isenbergh Legislative Vesting Jacques Foundations of U.S. Associations: Why the The Lens: Clause," in Heritage Sociological "International Calendar," 33 International Taxation, Telecommunications Act to the Constitution, Contributions, Practices, Guide International Journal of Legal of 1996 Misfired," 22 Yale ed. and the Future," 2005 BNA-Tax Management, Edwin Meese III, Information 305 (2005). 2nd edition (2006). Journal on, Regulation 315 (Regnery 2005). University of Chicago "I nternational Calendar," 34 (2005). Legal Forum 285 (with Saul levmore Antitrust "Comparing International Journal of Legal Calvin Morrill, John Hagan, Public Choice Defended, "The and Practice in the United Theory Enforcement Information 200 (2006). and Tracey Meares). 72 University of Chicago of Self-Help," 1 Journal of States and Europe," 1 Helmholz Law Review 777 (2005). "Legal Research (Sources) Law, Economics & Policy 1 Journal of Competition R.H. in "The Law of and on the Internet," (2005) Law and Economics 427 Charity the English Ecclesiastical Computer-Aided Legal for (patent) (2005). "Trolling Research on the Courts," in Foundations of (CALR) Financial Times, Trouble," B. Medieval Ecclesiastical Internet 69, Craig http://news.ft.com/cms/s/ Simonsen & Christian R. History: Studies Presented ddba55cO-c320-11 da-a3 eds. (Pearson to David Smith 111, Anderson, 81-000077ge2340.html Education 2006). Philippa Hoskin et al. eds. (April 3, 2006). (Woodbridge 2005).

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"Education and Democratic (Rowman and Littlefield Review of Legal Aspects "Warren Court Retrospec- "Capabilities as version of Fundamental Entitlements: Citizenship: Beyond the 2005) (revised of Implementing the Kyoto tive: Everything Old Is Social in Textbook Controversy," 35 prior paper). Protocol Mechanisms: New Again: Fundamental Sen and Justice," Sen's Work and Islam and the Modern Age Making Kyoto Work, David Fairness and the Legitimacy Amartya "The Moral Status of Gender (New Delhi) 69 (2005); a Freestone & Charlotte of Criminal Justice," 3 Ideas: A Perspective Animals," The Chronicle Bina Jane slightly different version as Streck, eds., in 34 Ohio State Journal of 35, Agarwal, of Higher Education B6 " and "Freedom from Dead Habit, International Journal of Criminal Law 117 (2005). Humphries, Ingrid (February 3, 2006). 6 The Little Magazine Information 184 Robeyns, eds. (Routledge Legal Thomas Miles "The 'Morality of Pity': 2005); and in India in (New Delhi) 18 (2005). (2006). "Empirical Economics and Sophocles' Philoctetes and Capabilities, Freedom, "Education and Democratic Anup Malani the Study of Punishment and the European Stoics," Sen's " Equality: Amartya "Habeas Settlements, and Crime," in Symposium Citizenship: Capabilities in Mind and Modality: from a Gender Work and Education," 92 Virginia Law Review 1 on Punishment and Crime, Quality Studies in the History of 39 Perspective (Oxford 7 Journal of Human (2006). 2005 University of Chicago Philosophy in Honour of University Press 2006) 385 (2006). Legal Forum 237 (2005). Development Simo Knuuttila 3 (Brill 2006). Placebo "Identifying (reprints of prior article); a Nussbaum "Genetica e Data from Martha .Justica: as Fictions: Proust Effects with related shorter version "People Justice: tratando a Clinical 114 Journal Frontiers of doenca. and the Ladder of Love," Trials," published as "Poverty and a 236 Disability, Nationality, respeitando diferenca." Erotikon: on of Political Economy Human Functioning: in Essays Revista de Species Membership 15:36 Impulso: Ancient and Modern (2006). Capabilities as Fundamental Eros, f-fumanas (Harvard University Press Ciencies Sociais e Shadi Bartsch and Jonathan Masur Entitlements," in 223, version 2006). 24 (2004) (revised Thomas Bartscherer, eds. Hard Look or a Blind "A and 47, Poverty Inequality of review, translated humanidad prior (University of Chicago Eye: Administrative Law EI cultivo de la David B. Grusky and Ravi Nono into Portuguese by Press 2004) (a version of and Deference," (Paidos 2005) (Spanish Military Kanbur, eds. (Stanford Coimbra Mesquita). the Proust of 56 Law Journal translation of Cultivating chapter Hastings University Press 2006). " Un iversa I of Thought). 441 (2005). Humanity: A Classical I n Defense of Upheavals "Capacidades como Defense of Reform in Values," in Concepts of and Meares "Political Soul-Making Tracey titulaciones fundamentale" Liberal Education). Culture: Art, Politics, and Demise of "Seeing Crime and the Imminent (Universidad Externado de Society 291 Adam Muller, 37 Punishment Through a Nascondere t'umenite: /I Liberal education," Colombia, Estudios de of ed. (University Calgary Journal Social Lens: la vergogna, la of Philosophy Sociological dusgusto, Derecho Filosoffa e No.9, Press 2005) (revised and Contributions, Practices, (Carocci 2005) 301 (2006). legge version of 2005) (Spanish shortened version of of and the Future," 2005 (Italian translation Hiding "Rape and Murder in prior article). chapter 1 of Women and University of Chicago From Humanity: Disgust, Gujarat: Violence Against "The Cognitive Structure of Human Development). Legal Forum 285 (with Shame, and the Law). Muslim Women in the Compassion," in Personal Calvin Morrill, John Hagan, "Jihad, McWorld, Hindu "Analytic Love and Struggle for Virtues: Introductory and Bernard Harcourt). Modernity: Public War' Human Vulnerability: A Supremacy," in 'Holy Essays 117, Clifford Debate The Intellectuals and 'Gotteskrieq' "Third Party Policing: A Comment on Lawrence Gender, Williams, ed. (Palgrave "Clash of Civilizations," Christina Critic," in Prospects and Friedman's 'Is there a und Geschlecht, Macmillan 2005) (extract 85 150-151 Salmagundi Ulrike Problems in an Era of Special Psychoanalytic von Braun, from Upheavals of (Spring-Summer 2006). Gabriele Police Innovation: Love?'''53 Journal of the Brunotte, Dietze, Thought, ch. 6). Gabriele Contrasting Perspectives, American Psyhoanalytic "Mill Between Bentham and Daniela Hrzan, "The Comic Soul: Or, This David Weisburd and Association 377 (2005). Aristotle," in Economics .Jahnert. Dagmar Pruin,

Phallus that Is Not One," . eds. and Happiness 170, eds.,2 Berliner Gender Anthony Braga, "The 'Ancient Quarrel,'" in in The Soul of Tragedy: Studies 121 (Transaction (Cambridge University Luigino Bruni and Pier Ethics, Literature, Theory: on Athenian Drama different Press 2006). Essays Luigi Porta, eds. (Oxford 2006) (slightly An Introductory Reader Victoria Pedrick and 155, University Press 2005) version of prior article). 139 Stephen K. George, ed. Steven M. Oberhelman, (reprint of prior article). (Rowman and Littlefield eds. (University of Chicago 2005) (a portion of "Millon Happiness: The Press 2005). introductory section of Enduring Value of a

t r Love's Knowledge: Essays Complex Critique, in

on Philosophy and Utilitarianism and Empire Literature). 107, Bart Schultz and Georgios Varouxakis, eds.

LAW S C H 0 0 L • F ALL 2 0 0 6 26 THE U N I V E R SIT Y 0 F CHI C AGO " Of "The New International Law "The Becker-Posner Blog, "Religion, Culture, and translation of an adaptation "Cybersecurity: and Scholarship," 34 Georgia http://becker-posner-biog. Sex Equality," in Men's of part of chapter 1 of Heterogeneity Autarky," 5 of The Law and Journal of International & com/ (December 2004 to Laws, Women's Lives: A Women and Human Chapter Economics of Law 463 present) (with Gary Becker). Constitutional Perspective Development) . Cybersecurity, Comparative Common Law Mark F. Grady and Francesco (2006). Risks, on Religion, "The Therapy of Desire in "Catastrophic in South Asia Parisi, ed. (Cambridge ad Resource Allocation, and and Culture Hellenistic Ethics," in Antike "Optimal War and Jus Press 2006). t t Indira ed. - University Homeland 109, Jaising Philosophie Verstehen Bellum," 93 Georgetown Security, Unlimited 2005) 993 Journal of Homeland (Women Understanding Ancient "Rewinding Sony: The Law Journal (2005) with (paper overlapping Philosophy 218, Marcel Evolving Product, Phoning (with Alan Sykes). Security, http://www. 3 of Women and Home and the of homela ndsecu rity. org/new chapter van Ackeren and .lorn Duty "Political Trials in Domestic

. Human Development). 55 Case jou rna 1/Articles/d isplay Muller, eds. (WBG 2006) Ongoing Design," and International Law," 55 Article2 ?article= 133 of 13 of Western Reserve Law .asp "Religione e sfera pubblica: (reprint Chapter Duke Law Journal 75 (2005). Review 749 (November 1,2005). tine della secolarizzazione? The Therapy of Desire: (2005). "The Politics of Saddam's and Practice in A colloquio con Martha Theory Eric Posner "Community and Trial," open Democracy. net Nussbaum, Charles Taylor, Hellenistic Ethics). "The Decline of the Conscription," in Rethinking (October 31,2005); Charles Larmore, a cura di International Court of Commodification: Cases "Tolerance, Compassion, republished in German Paolo Costa," 6 Annali di Justice," in International and Readings in Law and and Mercy," in Can translation as "Recht in

. r Martha C. Studi Religiosi 431, 432 Conflict Resolution 111 t Culture 128, Tolerance Prevail? 156, I. Verlegenheit, (2005). Stefan Voigt, Max Albert, Ertman and Joan C. Menuchin, ed. (Hebrew Suddeutsctie Zeitung 15 and Dieter Schmidtchen. Williams, eds. (New York Review of Vivian Gornick, University Magnus Press (November 28, 2005). eds. (2006). University Press 2005). The Solitude of Self: 2005) (in Hebrew translation, "Reply to Helfer and Thinking About Elizabeth book title in Hebrew). "Holding Internet Service "The Courthouse Mice," Slaughter," 93 California Stanton, The Nation Providers Accountable," 14 Review of Todd C. Peppers, Cady "Wellbeing, Contracts and Law Review 957 (2005) 26 (February 27, 2006). Court Economic Courtiers of the Marble Capabilities," in Rethinking Supreme (with John Yoo). Review 221 (2006) (with Palace: The Rise and "Man Overboard," review Wellbeing 27, Lenore "Should Coercive Lichtman), reprinted Influence of the Supreme of Harvey Mansfield, Manderson, ed. (API Douglas ! nterrogation Be Legal?" in The Law and Economics Court Law Clerk, and Manliness, The New Network 2005). 104 Michigan Law Review of Mark F. Artemus Ward and David Republic 28 (June 2006). Cybersecurity, "'Whether From Reason or 671 (2006) (with Adrian Grady and Francesco L. Weiden, Sorcerers' Review of Kenji Yoshino, Prejudice': Taking Money Vermeule). Parisi, eds. (2006). Apprentices: 1 00 Years of The Hidden for Bodily Services," extract Covering: "Sins of the Fatherland," Law Clerks at the United "International Law: A Assault on Our Civil reprinted in Rethinking The Boston Globe E4 States Supreme Court, New Welfarist Approach," 73 Rights, The New Republic Commodification 243 (March 5, 2006). Republic 32 (June 12, 2006). of Chicago Law 21 (March 20/27, 2006). Martha M. Ertman and University Richard Posner "Do We Have Too Joan C. Williams eds. Review 487 (2006). Many "Socrates na universidade Domestic I ntellectual " Remaking Property (New York University I nternationa I Law a nd the in Entre A reliqosa." Intelligence (Hoover Rights?" 9 Marquette Press 2005). Disaggregated State," 32 Duvide e 0 9, Dogma Institution 2005). Intellectual Property Law Picker Florida State University Debora Samantha Randal Dinia, Review 173 (2005). and the Law Review 797 (2005). Uncertain Shield: The u.s. Buglione, and Roger Raupp "Copyright in the DMCA: Market Locks and Intelligence System "The Economics of Capital Rios, eds. (LetrasLibres "Is the International Court Contracts," Throes of Reform (Hoover Punishment," The Econo- 2006) (Portuguese Technological of Justice Biased?" 34 & 8 of Institution and Rowman mists'Voice, http://www. translation of Chapter 8 of Chapter Antitrust, Journal of Legal Studies and Littlefield 2006). bepress. com/ev/voI3/iss3/ Cultivating Humanity: A Patents Copyrights: 599 (2005) (with Miguel art3 (March 2006). Classical Defense of Reform EU and US Perspectives, de Figueiredo). "Bad News," New York and in Liberal Education). Francois Leveque Times Book Review 1 "Efficient Responses to "Judicial Cliches On Howard Shelanski, ed. (July 31, 2005). Catastrophic Risk," 6 "Ter verdegiging van Terrorism," The Washington (Edward Elgar 2005). Chicago Journal of Interna- universele warden," Post A 15 (August 8, 2005) tional Law 511 (2006). in Internationale (with Adrian Vermeule). Rechtvaardigheid 141, "The Federal Trade Com- "Justice Within Limits," Gert and mission: A Retrospective," Verschraegen The New York Times A20 Ronald Tinnevelt ed. 72 Antitrust Law Journal (September 26, 2005). (Pelckmans 2005) (Flemish 761 (2005).

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in the "Transaction Costs and Stone "Free Speech Age Foreword, in Francisco "A New Surveillance Act: Geoffrey Concerns in the Constitutional Law, of McCarthy: A Cautionary Gonzalez de COSSIO, A Better Way to Find the Antitrust Law of Intellectual Annual Supplement to 5th Tale," 93 California Competencia Econ6mica: Needle in the Haystack," Licensing Review 1387 (2005). A in Diretto edition (Aspen Law and Aspectos Jurfdicos y Wall Street Journal 16 Property," Business 2006) (with Econ6micos xi (Editorial (February 15, 2006). Empresarial: Aspectos "Government Spying: Cass R. Atuais de Direito Empresarial Louis M. Seidman, Should We Care?" Porrua 2005). "One-Sided Contracts in Why Mark V. Brasileiro e Comparado Sunstein, Tushnet, Chicago Tribune (March "How I Work," Fortune 82 Competitive Consumer and Pamela Karlan). 519, Ecio Perin Junior, 13, 2006). (March 20, 2006). Markets," 1 04 Michigan Daniel Kalansky, and Luis Law Review 827 (2006) The First Amendment, "The Hustler: Justice "The Importance of eds. 2005). Peyser, (Metodo Annual to 2d (with Lucian A. Bebchuk). Supplement Rehnquist and the in the Property Rights Law and "Vertical Restrictions and edition (Aspen or " "Freedom of Speech, of Common Law Tradition, "Our Domestic Intelligence 'Fragile' Monopoly," 50 Business 2006) (with the Press," in Craig Economic Education Crisis," Washington Post M. Cass R. Antitrust Bulletin 499 (2005). Louis Seidman, Bradley, The Rehnquist Bulletin 67 (May 2005). A31 (December 21,2005). Sunstein, Mark V. Tushnet, "What's Wrong with the Legacy 11 (Cambridge Failures: An "Our "Intelligence Incompetent and Pamela Karlan). Press 2005). Patriot Act?" Legal Affairs, University Economics Government," New Organizational Court http: wwwlegalaffairs. org The Supreme "On NSA Spying: A Letter Perspective," Journal of Republic 23 (November Review 2005 (edited with /webexclusive/dc_printerf to Congress," 58 New Economic Perspectives 14,2005). Hutchinson and riendly. msp? id =60 Dennis J. York Review of Books 42 151 (Fall 2005) (with Luis "Our Intelligence Quotient," A. (October 2005) (debate David Strauss). (February 9, 2006). Garicano). Wall Street Journal A 14 with Geoffrey R. Stone). 59 "Academic Freedom," "President Bush's Blink," "Judicial Behavior and (May 15, 2006). Bulletin of the American "Wire Trap: What If Chicago Tribune (July 27, Performance: An Economic "The Reorganized U.S. ofArts & Sciences Wiretapping Works?" New Academy 2005). Approach," 32 Florida after Intelligence System Republic 15 (February 2, 17 (Winter 2006). State Law "Rehnquist's Legacy University One Year," National 2006). "Authors Lincoln was " Review 1259 (2005). Say Doesn't Measure Up, Security Outlook (Special Samaha of the Adam No.1 Enemy Chicago Tnbune "Justice Breyer Throws Edition), "Endorsement Retires: review of Press," Jeffrey (September 6, 2005). Down the Gauntlet," Review http://www.aei.org/ public From Religious Symbols to Manber and Neil of Stephen Breyer, Active ations/pubID.24213/pub_d "Revisiting the Patriot Anti-Sorting Principles," Dahlstrom, Lincoln's Liberty: Interpreting Our etail.asp (American Enter- Act," Chicago Tribune 2005 Supreme Court Wrath, Chicago Tribune Democratic Constitution, prise Institute, April 2006). (July 8, 2005). Review 135. (February 12, 2006) . 115 Yale Law Journal "The Supreme Court, 2004 "The Rights and Wrongs of "Government Secrets, and Dissent 699 "Civility During 1 (2006). Term: Foreword: A Political l.atkes." in Ruth Fredman Constitutional Law, and Wartime," 33 Human "The Law and Economics Court," 119 Harvard Law Cernea, ed., The Great Platforms for Judicial Rights 2 (Winter 2006). Movement: From Bentham Review 31 (2005). Latke Hamantash Debate Intervention," 53 UCLA "Constitutions Under to Becker," in The Origins 157 (University of Chicago "Tap Dancing: A TNR Law Review 909 (2006). Stress: International and of Law and Economics: Press 2006) (also published Online Debate with Philip t r "Judicial in Two Historical the Oversight Perspectives, in 9 Green Bag 2d 209 Essays by Founding B. Heymann," New Dimensions: 59 Bulletin of the American Fathers Francesco Parisi Charting (2006)). 328, Republic Online, http:// Area and in the of Arts & Charles K. Intensity Academy and Rowley, www.tnr.com/user/nregi. "Scared of Scoops," New Decisions of Justice Sciences 35 (Winter 2006). 2005). eds. (Edward Elgar mhtml?i=w060130&s=he York Times (May 8,2006). 74 Fordham Stevens", and the "Law School Ran ki nqs." ymannposner013106 "Cronyism Law Review 2051 (2006) Court," Tribune, 81 Indiana Law Journal 13 (January 31, 2006), http:// Chicago (with Allison Danner). (October 4, 2005). (2006). wwwtnr.com/doc_posts.

mhtml?i=w060130&s=he "Foreward: A Culture of

ymannposner020206 Civil Liberties," 36 Rutgers

(February 2,2006), http:// Law Journal 825 (2005). wwwtnr.com/user/nregi. "Freedom and Public mhtml?i=w060130&s=he Responsibility," Chicago ymannposner020506 Tribune (May 21, 2006). (February 5, 2006).

LAW S C H 0 0 L • F ALL 2 0 0 6 28 THE U N I V E R SIT Y 0 F CHI C AGO "Irreversible and "The Philosopher-Justice," "Something to Declare: David Strauss "Acceptable Use," The Global The New 29 From the Civil War to Iraq, The Supreme Court New Republic Online Catastrophic: Republic Terrorism, and (September 19, 2005). Congress has been Losing Review 2005 (edited with (January 21, 2006). Warming, J. Hutchinson and Other Problems," 23 Pace its Grip on a Vital Dennis "Boundedlv Rational "Power Base," The New Review review of R. Stone). Environmental Law Responsibility," Geoffrey Borrowing," 73 University Republic Online (October Annual Peter Irons, War Powers: 3 (2005) (Eleventh "The Myth of the of Chicago Law Review 27,2005). K. Garrison Lecture How the Imperial Presidency Lloyd Unpredictable Supreme 249 (2006). "The Precautionary Principle on Environmental Law). Hijacked the Constitution, Court Justice," Chicago "Chevron Step Zero," 92 as a Basis for Decision Post Washington (August 9 2005). "Is Capital Punishment Tribune (August 7, Virginia Law Review 187 Making," The Economists' 28,2005). Morally Required? Acts, Vol. 2: Article "On Having Mr. Madison (2006). Voice: No.2, Omissions, and Life-Life "So Much for Protecting the 8 (2005) (with Robert Hahn). as a Client," in Arguing "Correspondence: Testing 58 Stanford -Constitution!" Tradeoffs." Chicago v. Madison Marbury 38, Minimalism: A 1 04 "Precautions Against What? Reply," Law Review 703 (2005) Tribune (December 21, Mark Tushnet ed. (Stanford Law Review 123 The Availability Heuristic Michigan Adrian Vermeule). 2005). (with Univ. Press 2005). (2005). and Cross-Cultural Risk "It's Only $300 Billion; If "Testimony on a Proposed Perception," 57 Alabama "Originalism, Precedent, The "Courting Division," We Can Fund the War in Journalist-Source Privilege 22 Constitu­ Law Review 75 (2005). and Candor," New York Times A37 Can't We Fund to the Senate Committee Iraq, Why tional Commentary 299 "Ranking Law Schools: A (Oct. 6, 2005). the Protocol?" The on the Kyoto Judiciary," (2005). Market Test?" 81 Indiana Post A25 Occasional Paper No. 46 "Debiasing through Law," Washington Law Journal 25 (2006). "Supreme Swings," of Studies 10,2006). (University of Chicago Law 35 Journal Legal (May of University Chicago 199 (with Christine "Risk Management," The School October 2005). (2006) "Justice Breyer's Magazine 28 (October New Republic Online Jolls). Democratic "The U.S. Can Keep a Pragmatism," 2005). 24, 2006). Law Journal (April Secret: Maintaining National "Deliberation and Prediction 115 Yale Cass Sunstein 1719 "Same Difference," The Security and Ensuring Markets," in Information (2006). Administrative Law and Markets: A New of New Republic Online Openness," Los Angeles Way "Minimal Appeal," The 6th ed. Regulatory Policy, Decisions 67 (January 9, 2006). Tribune (June 6, 2006). Making New Republic 1 7 (August 1, (Aspen 2006) (with (Robert Hahn & Paul The New Can't Will 2005). "Super Freak," "What You Say Stephen G. Breyer. Tetlock eds., 2006). Republic 27 (July 25,2005). Hurt You," New York Richard B. Stewart, and "Misfearing: A Reply," Murder: A Times (August 15, 2005). Adrian Vermeule). "Deterring 119 Harvard Law Review "Verdicts and Virtues," 58 Stanford Law Reply," 1110(2006). The New Republic 32 "Why the Senate Should Constitutional Law 5th ed. Review 847 (2005) (with (May 22, 2006). Not Confirm Alito." 2005) (with "Moral Heuristics," 28 (Aspen Adrian Vermeule). Chicago Tribune (January Geoffrey R. Stone, Louis Behavioral and Brain "Voting Pattern," The "Dual Purpose," The New 24,2006). Michael Seidman, and Sciences 531 (2005). New Republic Online Online (September V. Republic (November 11,2005). "Why We Need a Federal Mark Tushnet). "The 9/11 Constitution," 6,2005). 34 David Weisbach Reporter's Privilege," Laws of Fear: Beyond the The New Republic 21 Review 39 "Fighting for the Supreme "The Case for a Hofstra Law Precautionary Principle (January 16, 2006). Consump­ (2005). Court: How Right-Wing tion Tax," 11 0 Tax Notes (Cambridge University "Old School," The New Judges Are Transforming 1357 2006). Press 2005) (based on the (March 20, lior Jacob Republic Online (September the Constitution," Harper's " Strahilevitz Lectures 2004 at I Seeley 1,2005). Pa retia n I ntergenerationa Magazine (September "Exclusionary Amenities in Cambridge University). Discounting," University " 2005). "On Moral Intuitions and Residential'Communities, John M. Olin Radicals in Robes: of Chicago, Why Moral Heuristics: A 92 Law Review & Economics Virginia Extreme "Group Judgments: Law Working Right-Wing Response," 28 Behavioral 437 (2006). Statistical Means, No. 255 Series) Courts Are for Paper (2d Wrong and Brain Sciences 565 Deliberation, and Information Dexter Samida). "A Social Networks America (Basic Books (2005) (with (2005). Markets," 80 New York Theory of Privacy," 72 2005). "The Superiority of an University Law Review University of Chicago Law Ideal Consumption Tax 962 (2005). Review 919 (2005). over an Ideal Income Tax,"

"Irreversible and 58 Stanford Law Review Catastrophic," 91 Cornell 1413 (2006) (with Joseph Law Review 841 (2006). Bankman).

F ALL 2 0 0 6 • THE U N I V E R SIT Y 0 F CHI C AGO LAW S C H 0 0 L 29 but I didn't little bit ofwork on the Judges Project then, get Political? Are Judges involved full-time until Lisa contacted me during the win­ Ken '07 in more Merber, ter. When she asked if I'd be interested doing '05, andAndres Sawicki, '06, Lisa MEllman, jDIMPP, research, I jumped at the chance. School. the Chicago Law Professor Sunstein-as recently graduatedfrom University of We really enjoyed working with DC Ellman now works as an at the washington office He is attorney everybody knows, he is a brilliant scholar. always Brown, Rowe &Maw LLP, while Sawicki is currently his carries ofMayer, excited about new ideas and data, and curiosity Sack the United States the Honorable Robert D. an teacher. clerkingfor of over to those around him. He is also amazing While students at the Court the Second Circuit. have had the to work ofAppealsfor We feel very fortunate to opportunity Ellman and Sawicki had the Law School, unique experience with him and learn from him. a book with the Law School's own coauthoring Professor database of The book draws on the Chicago Judges Project, a Cass Sunstein and David Schkade ofthe University Professor of empirical information on San The book, entitledAre (ASS R. SUNSTEIN, DAVID S(HKADE, California, Diego. Judges in of LISA M. ELLMAN, and ANDRES SAWICKI judges and judicial "voting" Political? and Brookings Press, is an empirical published by certain politically sensitive cases, the ideology on decisions ofthe analysis of effects ofpolitical which has involved a number of courts appeals. federal of Are University of Chicago Law analysis ofjudicial opinions is still a relatively Judges Empirical Political? students. You have both had unusual scholars. Unlike ordinary legal techniquefor legal An Empirical Analysis roles in the project. of the Federal Judidary important research, which focuses attention on a few important cases, an What are the goals of the project, relevant casts a wide net, incorporating as many empirical study and how have you been involved? in Are Political? cases as As the results described Judges possible. And what was your role in the on old demonstrate, this broadened can cast new light scope final version of the book? the debates. I spoke to Ellman and Sawicki about Chicago Many legal debates center judges Project, writing the book, and their experience working around the effect of on the rule of law. The Chicago with Sunstein. politics Professor inform is of a growing movement to cover of a new Judges Project part Seeing Professor Sunstein's name on the these debates with of actual judicial behavior. unusual to see descriptions book is hardly a surprise. It's much more What the does is take the amount ofexisting students project huge two of Law School (now University Chicago it into a data in the form of real case outcomes and translate on the alumni) as co-authors. How did you begin working but database. The focus is mainly on the Professor Sunstein? large manageable and what was it like working with project, most which focus courts of appeals, as opposed to studies, in the summer of 2002, involvement began Court. The Court is Ellman-My on the Supreme Supreme obviously when I worked for Professor Sunstein as a research assistant. quite important, but it is not the whole story. Studying law and been interested in the intersection of some of I had always appellate judges makes particular sense in light of work with and so I was excited to such as policy, particularly Professor Sunstein's other work on group interactions, Professor Sunstein on an study of judicial voting. empirical the Chicago Judges Project. District of with environmental cases in the team We started Our roles in the project consisted of managing the ended Columbia Court of and eventually up them as Appeals of students who were coding the cases, instructing on Federal an article, "Ideological Voting and then the coauthoring to what they were looking for, managing which was Courts of A Preliminary Investigation," a of time the Appeals: resulting data. We spent great deal cleaning up in the Law Review (90 Va. what the published University ofVirginia coding, verifying results, and trying to determine deal of L. Rev 301, 2004). The article generated a great final version of the book, numbers might mean. As for the we decided to the research attention, at which expand collaborative we all sent drafts point the writing was a process: into the until we had Chicago Judges Project. around to each other, writing and rewriting, for Professor Sunstein Sawicki-I also working to began by decided exactly what we wanted say. 2004. I had done a as a research assistant in the summer of

• F ALL 2 0 0 6 CHI C AGO LAW S C H 0 0 L 30 THE U N I V E R SIT Y 0 F of tHe were also how reacted to landmark The book primarily reports the results of a study We intrigued by judges from with little distinctions at first, but both effect of politics on judicial decision making. Judges cases, party ideological effects over time. the federal courts of appeals (who sit in three judge and panel (group influence) growing Again, for of the it shows how are human, and how to panels) are assigned political parties, purposes judges people respond them. new and unfamiliar situations. It is the sort of that social study, based on the presidents who appointed thing then examines three main scientists have looked at a deal, but the implications Using that measure, the study great does it of their have not been in hypotheses: First, do politics matter? Second, findings yet widely acknowledged sit with Democratic studies. While academics are used to at . matter less when Republican judges legal looking big sense. more when find all decisions in a react in a human judges? Third, does it matter you legal sense, judges very In most controversial Republican or all Democratic panels? was areas of law, the answer to these questions yes. of the data, were However, your data, and your analysis What did find to be the more nuanced than that. you Books by Alumni most interesting finding? Christopher J .. Duerksen, '74, and Cara Snyder. to find what we term effects-that It was interesting panel Nature Friendly Communities (Island Press 2005). with two a Democratic judge sitting Republican judges Lisa M. Ellman, '06, and Andres Sawicki, '06. Are Judges controversial areas of votes more like a in the Republican Political? An Empirical Analysis of the Federal JudiCiary (Brookings Institution and vice versa. The echo social law that we studied, findings Press 2006) (with David Schkade and Cass R. Sunstein). that science research demonstrating how groups interact. To Steve Fiffer, '76, and James A. Baker III. "Work Hard are more title have been: extent, a appropriate may judges Adventures and Lessons from an Unex­ Study .. and Keep Out of Politics!" answer is to human? And the yes: judges respond group pected Public Life (Putnam 2006). influences in much the same ways as other people. Michael E.S. Frankel, '95. Mergers and Acquisitions Basics: areas which the We were also in hypotheses intrigued by The Key Steps of AcqUisitions, Divestitures, and Investments (Wiley 2005) in abortion cases, were not confirmed. For example, judges James B. Jacobs, '73. Mobsters, Unions, and Feds. The Mafia and resist while in vote in ways but group influence, political the American Labor Movement (NYU Press 2006). the law is other areas of political controversy, sufficiently '74. A Guide to Federal reflected in the Jeffrey S. Lubbers, Agency Rulemaking, settled so that the politics are not jurisprudence. 4th edition, (ABA Press 2006) Finally, the widespread agreement in other politically '88. The Reenchantment of was the most David C. Payne, Nineteenth-Century controversial areas, like takings law, perhaps Fiction: Dickens, Thackeray, George Eliot and Serielizotiot: (Palgrave and perhaps also the most reassuring for those interesting, Macmillan 2005). who hold traditional aspirations for the rule of law. It's '53. for Gautreaux: A of Segregation, areas that make Alexander Polikoff, Waiting Story likely that for the politically uncontroversial Housing, and the Black Ghetto (Northwestern University Press 2006). there are few differences up most of courts' workload, and Charles D. Schmerler, eds. between the voting of Republican and Democratic judges. James R. Silkenat, '72, The Law of International Insolvencies and Debt Restructurings (Oxford University in other of the examine changes judges In parts book, you Press 2006). over time, differences among judges appointed by J. '90. Arbitration Law in America: A Critical landmark Stephen Ware, different presidents, and judicial responses to Assessment (Cambridge University Press 2006). these issues do cases such as Roe v. Wade. Which of you at the (Burd Street and what did Robert Weiss, '48. Mardi Gras Monastery think provided the most important insights, Press 2006). you find there? conservatism of the We were struck by the growing judges conclusive on this and courts over time. The data were not shift of decision point but suggest a slow, systematic judicial making, on average, to the right.

LAW S C H 0 0 L 31 F ALL 2 0 0 6 • THE U N I V E R SIT Y 0 F CHI C AGO AlllmOl News

discrimination. His impact as a civil rights leader grew naturally Book Review and founder! out of his professional experience as an attorney Whether Earl B. Dickerson: A Voice for Freedom and Equality officer of the Supreme Life Insurance Company. treatment for black soldiers (including by Robert Blakely advocating equal color barrier himself) in the war or breaking virtually every Eleanor Arnold, '03 in his Dickerson was an of all remember on was that stood way, agent change As a child, the first nonfiction I bingeing in a suit the volumes in the his adult life. In one case, he won $100 against I can still see the neat row of slim biography. honor his dinner recite Palmer House Hotel, which had refused to children's 921 section of the library. While I couldn't Dickerson sure the hotel the whose lives I delved into reservation; to be got point, now the names of famous people room. to his award in the hotel even like Earl B. returned spend dining so I do know that no one remotely avidly, influential in barriers in Dickerson was the Dickerson was especially removing Dickerson, '20, was in that group. Earl economic and employment. first African American to be two areas of importance: housing blacks when there was a tremendous influx of graduated from the University At a time from the South, many Chicago neighborhoods of Chicago Law School, and moving up sale of real had in restrictive covenants prohibiting the I became aware ofjust how place blacks. Dickerson was one of the attorneys who interesting his life was at the estate to covenants before the honor the restrictive Supreme ceremony held to argued against the most immediate outcome of installation ofhis portrait earlier Court in Hansberry v. Lee, near Park to blacks; which was the of an area Hyde this year. So it was with great opening thereafter, the was outlawed altogether. interest that I picked up Robert shortly practice himself moved into Park (in 1949), and he Blakely's Earl B. Dickerson: A Dickerson Hyde efforts to maintain a viable Voicefor Freedom and Equality. actively supported community and vibrant interracial neighborhood. ERSON On one level my high hopes the discrimination, O\CEA.R�LB' were met: Dickerson's is In against employment certainly struggle national level. He was a examination Dickerson was influential at the a life worthy of member ofFDR's first Fair Employment Practices Committee, and, indeed, admiration. But on the level of a good read, which held hearings around the country to point out I was a bit disappointed. of discrimination in major corporations Earl Burrus Dickerson's life stretched from 1891 to 1983. examples egregious executive order he that were bound by presidential The of slaves, reared in Jim Crow Mississippi, supposedly grandson of all workers in to ... in a that "provide equitable participation was fortunate to grow up community recognized advocate of racial as In with defense industries." Never an separation, his intelligence and his passion for learning. 1907, of black leaders were, Dickerson Supreme mother and assisted a a number urged the encouragement of his by friendly other black-owned businesses to "If our to continue his Life and integrate: railway porter, he headed to Chicago color as a barrier in France World white competitors no longer recognize education. After serving in the army in during should we?" Law matters of business, why War I, he from the University of Chicago graduated textured narrative of his As a reader, I had for a more richly School. Dickerson himself recognized the significance hoped the man. There is too and more into Earl Dickerson, "I the life of a black person insights move to Chicago: left desperate and then he did that." I want to inquire, else than a much of "he did this, in feudal Mississippi ... clothed with little burning did he think about that? What cradled in the "But what was it like? What sense of outrage and a driving resolve, of that kind of was he really?" In spite shortcoming, Declaration of Independence, not to be bullied, browbeaten, person man whose life however, the emerges of a spanned fact or in His life portrait or held hostage, in spirit-ever again." Crow to the Civil almost an entire century, from Jim Rights thereafter was true to that resolve. and who in his affairs, both had access Act of 1964 and beyond, daily First and foremost a businessman, Dickerson move the to a better and cultural and public, helped country place. (if often grudgingly bestowed) to political personal end of racial institutions where he forcefully pressed for the

academic affairs at Eleanor Arnold, '03, is the assistant dean for the Law School.

• ALL 2 0 0 6 C AGO LAW S C H 0 0 L F 32 THE U N I V E R SIT Y 0 F CHI Weil in three countries contributed over 350 Something about the Weather Gotshallawyers Doing hours to drawing up a model contract, evaluating proposals has talked about the In a part of the world where everybody from the seven firms that submitted bids, and conducting a matter of life and death, weather for centuries because it's final negotiations with the winning bidder. about Conrad Bahlke, '84, has done something it, applying The New York Times hailed the transaction as "a pilot financial tools to what some of the most modern change project that could someday transform the world's approach millions of the weather can mean to people. to disaster emergencies." in the New York office of WeiI, that When Bahlke, a partner "There are several great advantages to this approach Gotshal & read an article Bahlke Manges, may transcend the dollar amounts involved," said, Economist about in the magazine explaining that it provides a reliable source of relief funding innovative to on an approach in a world where there are many competing claims humanitarian aid drought-related donors' attention, and that such a reliable source of financing he his in Ethiopia, grabbed phone permits relief agencies to make concrete plans for applying called the United Nations and those funds most effectively. "Most importantly," Bahlke said, of the official in charge pilot project "it eliminates the time lag between the occurrence of a crisis bono assistance. to offer pro and the marshalling of aid to victims. It permits aid to be was use derivative The UN's plan to provided proactively, which changes everything." If aid arrives instruments to relief funds intended trigger before farmers are forced to eat the seeds they had Conrad Bahlke in advance of an actual their livestock drought, to plant the next year or in time for them to keep of climatic indicators. to their based on a rigorous reading Ethiopia from dying or before they feel forced leave parched vulnerable countries in the can contained. is one of the most chronically lands, the magnitude of a drought crisis be and famine. Almost 80 of at same time as world to food insecurity percent Bahlke, who earned a Chicago MBA the survival. on rain-fed for their some this work has its people depend agriculture his law degree, says that in ways died in the 1984-85 famine, and was in finance Over a million Ethiopians brought him back to his roots. "My MBA with terrible in the recent past, severe droughts consequences and nonprofit administration," he said, "and both of those, five have recurred roughly every years. along with law, were important aspects of this project. I to that Bahlke contribute to a So compelling was the opportunity help never thought I'd have the opportunity to of the World Food honored offered to fly to the Rome headquarters humanitarian cause in such a direct way, but I'm his and his firm's with Programme so he could personally present to have been able to do so." He says others specialized work. Because of Bahlke's and in qualifications for taking on the skills at his firm have been talking with him about ways and because like his team's particular derivatives backgrounds, which they might make pro bono contributions his, he would treat this to the UN trusted his promise that assignment and he is now regularly approached with opportunities treats his clients, he the sector is also interested. as earnestly as he paying got job work on similar tasks. The private without to make the even funds are into over several competitors having trip. "Insurance companies and hedge looking

Gotshal Bahlke can noncorrelated Pulling together a team ofWeiI attorneys, this kind of instrument because it bring the made it happen. In return for a $930,000 premium, risks into their portfolios," he explained. "Weather modeling now holds an from a if some natural World F�od Programme option is highly sophisticated now, so it is known that million if data collected if there's a French insurer that will pay $7.1 disasters occur, others probably won't. Maybe major from twenty-six monitoring stations across Ethiopia during hurricane in the United States, for example, there won't be

March and October) add so investors to this year's rainy season (between drought in some parts of Africa, it allows forecast of a severe The World ofweather-related up to a convincing drought. create a more balanced portfolio exposures." Law School Bank's Commodity Risk Management Group helped "This is a classic University of Chicago on the losses standards to advance structure the deal, which is based Ethiopian project, applying rigorous marketplace event a the families would suffer in the of drought. the social good," Bahlke said. ''I'm very grateful for "On the surface, this might look like a pretty straightforward skills and perspectives I learned at the Law School and for were a lot of transaction," Bahlke said. "But there complicated this particular opportunity to put them into practice." twelve considerations and no exact precedents." Eventually

• F CHI C AGO LAW S CH 0 0 L 33 F ALL 2 0 0 6 THE U N I V E R SIT Y 0 Class Notes Section – REDACTED for issues of privacy

Alumn_l�_�� Class Notes

International Arbitrator and committed I was after I Salans said, "in Paris in Carl Salans, "So there quit," While he was a high school student Chicago Heights, there because wife was French and I loved the city form what called the to remaining my '57, joined with some other students to they to children. I was thirty-nine years old, the name of and it had become home my "47 Club." Their shared interest was international affairs; found one that would never law at a firm. Luckily I the club reflected the number and I had practiced and I worked there for several years." of countries that were members hire me, he and two others, Eliane Heilbronn and Jeffrey of the United Nations at thattime. Then in 1978, firm that realized that they shared an idea for a kind of law Today the UN has 192 member Hertzfeld, international. "There were didn't then exist-one that was genuinely states, and the international law but and firms with offices in other countries, firm that Salans cofounded American firms English Paris with that wasn't our vision. We didn't want a head�uarters employs over 450 attorneys in in different we wanted to gather attorneys many offices throughout the world. branches elsewhere; nation's of who each had a natural understanding of their style It's not every day that a high places as well as its legal system. No one school student's interests become thinking and problem solving, without demarcation culture would dominate, allowing us to work an industry-shaping reality. True our efforts on lines between offices and practices and to focus all to his passions, Salans studied clients with service." CarlSalans international law and government providing globally integrated Heilbronn was formed. Geopolitical events international law at Salans Hertzfeld & at Harvard and then earned a degree in public Perestroika and the fall of Communism helped the of Law such as the rise of Trinity College, Cambridge. A year at University Chicago its current size. Cofounder Hertzfeld spoke Russian, returned to to firm to grow to School earned him a JD, whereupon he Trinity College Russia and other the firm was soon offices in many international law. His time at Chicago was and opening acquire an LLB in public the former Soviet Union. Today it has offices in Almaty, into the third knowing no countries of anything but fun filled. "I was dropped year, Bratislava, Bucharest Istanbul, Kyiv, London, Moscow, to the Socratic method in Cambridge, Baku, Berlin, one, and I had not been exposed and Warsaw. New Paris, Shanghai, St. Petersburg, classes were even for me," he York, Prague, so life was tough and the tougher from the firm in 1998, and its name was shortened what it was like to Salans retired recalled. "But was where I really learned Chicago he Salans in 2002. Retirement, for now, means two things: First, could wait to out. In retrospect, to be a lawyer. At the time, I hardly get whom he celebrated more time with his beloved wife, with of life." can enjoy it was one of the most valuable experiences my earlier this and with his three sons Salans a fiftieth wedding anniversary year. the United States Department of State in 1959, Joining in Second, he can take on more assignments issues in Asia. He advised the U.S. and seven grandchildren. soon became its top lawyer for legal the skills and knowledge of a discipline he loves and that brings together to the Geneva conference that established the neutrality delegation international over his entire career-arbitrating Averell Harriman. 'laos he's developed Laos in 1962, serving under chief negotiator has commercial As counsel and as an arbitrator, he participated he recalled. "President Kennedy had disputes. was a hot spot at that time," major he said in such arbitrations. "I lost count at a hundred," wryly. news conference about Laos, saying many even held a nationally televised International Chamber of Commerce is also a vice-chairman of the It was first with He he was to send troops there. my experience prepared arbitrator in the International Court of Arbitration and, since 1984, an and an experience it was." an international negotiation conference, quite Iran-U.S. Claims Tribunal at The Hague. was involved in negotiations It wasn't many years later that he watched. In 1968, that were even more critical and more closely in Paris Harriman asked Salans to accompany him to the negotiations moved his to Paris aimed at concluding the war in Vietnam. He family several But he and lived there as the talks continued for years. in 1972 to his dismay resigned from the State Department express Nixon and that the United States Government, i.e. President Henry and honorable Kissinger, did not seem to him to be truly pursuing a just

peace settlement.

H 0 0 L • F ALL 2 0 0 6 F CHI C AGO LAW S C 38 THE U N I V E R SIT Y o "Life's Not a Straight Line" Law School his life. "We had the best as executive vice Being at the changed faculty It's fitting that Bill Noakes, '82, finds himself today and Bernie six on the planet. Giants like Ed Levi, Walter Blum, Meltzer, president of Meijer, Inc., a position he's held for years. Meijer's Richard and contain about and young Turks who would become giants, like Epstein 170-plus "superstores" throughout the Midwest just Geof Stone. And the students! Brilliant minds everywhere you turned." everything a consumer could After his first he worked full-time every week at a want from groceries to lawn year, nearly firm he recalled, "I some in how furniture, auto parts to pets, and four-person where, got great tutelage works." Restless as his mind was, even all Noakes's career contains just the legal system really that wasn't for him: he a master's degree in public about everything a lawyer could enough acquired before he from the Law School. do, from small firms to big ones, policy graduated was one rich after another. Five commercial law to government After that it experience years Air Force JAG and a stint at the SEC his decision to service, corporate counsel to the with the preceded an offer to the staff at General Motors. In 1992 he Air Force's Judge Advocate accept join legal a Detroit firm. He served as vice-chairman of Dennis Archer's General Department. What's left GM for successful for the Detroit mayoralty in 1993. Jennifer Granholm, more, just as Meijer operates campaign now asked him to work as her deputy in the "grocery stores" that also sell Michigan's governor, counsel's office in 1995. In 1997 he became William Noakes lots of other items, Noakes isn't Wayne County corporation and did some information officer, too, general counsel of a minority-owned automotive supplier, only Meijer's general counsel-he's the chief channel. Federal of leadership. commentary on the "Court TV" television independent and he's involved in quite a few other aspects corporate Donald Smaltz one of Noakes's TV appearances, he read a of prosecutor caught When Noakes was about seven years old, biography wound Noakes to come to someone else made inquiries, and up inviting Washington Thomas Jefferson, and saw there a kindred spirit Noakes DC to handle the trial of former Agriculture Secretary Mike Espy. whose interests ranged far. Since Jefferson was a lawyer, not without because the had too. His father, a career Noakes did so, misgivings investigation announced that he was going to become one, and the was set before he arrived in for "There aren't any been completed strategy July Air Force sergeant thought not telling his son, 39 counts and over 70 witnesses that was scheduled as a CPA. a a trial involving Negro lawyers." His father recommended a career in "I it best shot." Noakes said, "and I with such dread that he to begin September. gave my prospect that filled the younger Noakes think we could have won with a different strategy, but we didn't." would be for him. decided, no matter what the odds, it lawyering about that "but not have "I was disappointed," Noakes added verdict Were it not for Dean Richard Badger, Noakes might is another form of Life's not a straight alumnus. And his personal disappointment just learning. become a University of Chicago Lawschool There's In his life at Notre line, and if it was, I'd be bored to tears." plenty right style might have been different too. As an undergraduate boredom: in addition to his at school and the now to save him from many-hatted job Dame, Noakes applied only to Notre Dame's law teaches an ethics course at State's law school, he Notre Dame but not Meijer, he Michigan University of Chicago. Having been accepted at in Grand civic organizations, he's starting a term on the to the director of admissions participates Rapids yet having heard from Chicago, he wrote School's Committee, and his wife birth in September out on a very Law Visiting gave saying, in effect that Chicago would be missing Gian. "l've met a lot of nice CPAs in life," he said, "As soon as to their son, very my dedicated student if it didn't take him. He recalled, than to be where I and I wouldn't to think I'm "but I couldn't be happier right am, I mailed it I thought 'What have I done? They're going am if it weren't for the of with the be right where I University Chicago." nuts" On the contrary, Badger was impressed young man's spunk and expedited his acceptance. Noakes recalled. "To "I learned something important from that" is a lot better than just hoping say what you want politely and directly want and respect it. It's an people will somehow figure out what you approach I've practiced throughout my career."

• U N I V E R SIT Y 0 F CHI C AGO LAW S C H 0 0 L 55 F ALL 2 0 0 6 THE AlumnI C I ass Notes

Levi's Top Lawyer the Northern District of home in Milton Shadur, '49, of the District Court for Hilary Krane, '89, journeys to the Law School from her as "one of the all-time Committee. Illinois. It was an experience she describes California to participate in meetings of the Visiting could have." Then she worked for even more reason learning experiences anyone Passing through the Green Lounge, Krane may have great in the office of Skadden, Arps, Slate, Meagher and to be pleased with what she four years Chicago a combination of committed mentoring and challenging sees than do her fellow Flom, where her "I was often committee members. After all, assignments further propelled learning. boxing above class, but I was always supported and taught, so how many of them can look my weight was valuable," she recalled. around and see a large percentage the experience tremendously a for her husband, Kelly Bulkeley, of students happily making In 1994, teaching opportunity Francisco a move and led her to transfer to Skadden's San use of products produced by required family afterward she Price Waterhouse (now companies they lead? office. Not long joined as an in-house attorney. When Krane is senior vice president PricewaterhouseCoopers) litigation outsourced litigation a couple of years after and general counsel of Levi PricewaterhouseCoopers she was on as assistant general counsel, Strauss and Company, a position she arrived there, kept with to a broad range of she assumed in January of this advising the firm and its partners respect arm of the issues. Soon she was tapped to head up the legal Hilary Krane year. She is one of the twelve legal four-billion-dollar Worldwide worldwide advisory practice, a enterprise. members of the company's managerial goveming body, its company's in 2000. She was named a PricewaterhouseCoopers partner Leadership Team. "It's gratifying to be allowed to play an important nationwide search that Levi Strauss conducted for enormous The exhaustive role at an iconic American company with an global footprint, counsel, who had held she said. "Not to mention the ideal replacement for its previous general the largest apparel company in the world," to her lack of admirable values-and that position for many years, led hiring. "Considering my that Levi Strauss is a great organization with direct apparel-industry experience Levi's made a gutsy call in hiring my kids think my job is cool." me," she said. "l'rn determined to rise to the challenge." In addition to heading up the vast network of lawyers required by School from her Committee perspective, in 130 Krane Discussing the Law Visiting a Fortune 500 company that does business countries, endeavors. Krane sees a thematic consistency with her other "Knowing advises the Levi Strauss board and the company's executives. Among for a from brand and sticking to your values are essential building her top priorities is protecting the company's brand, particularly your said. "Just as PriceWaterhouse and Levi's do, the heart of our business," great franchise," she rampant counterfeiting. "Our brand is really continues to be often the Law School under Dean Levmore's able leadership she said. "Maintaining its integrity requires constant vigilance, to be a and to It's an true to what it stands for. I'm proud graduate pleased against the shadiest of characters in the most far-flung places. of such a vital institution." So inculcated has contribute to furthering the mission even more consuming task than I had expected." finds brand protection become in her own life, she said, that she herself that herself scrutinizing the backsides of passersby to assure article. the Levi Strauss-labeled jeans they are wearing are the genuine Krane to There are reasons beyond corporate pride for enjoy town. She was born returning to Chicago. For one thing, it's her home Howard a and raised on Delaware Street. Her father, Krane, '57, partner Board of Trustees at Kirkland & Ellis, chaired the University of Chicago her from 1992 to 1997. It was also in Chicago that Krane spent she clerked for formative years as an attorney. After graduation Judge

• ALL 2 0 0 6 C AGO LAW S C H 0 0 L F 60 THE U N I V E R SIT Y 0 F CHI ,_�A�Lu._ll1_nj�����2006 Graduates

THE UNIVERSITY OF CHICAGO LAW SCHOOL CLASS OF 2006 LIST OF HONORS

HIGHEST HONORS ORDER OF THE COIF Timothy Mychael Swan Erica Elizabeth Hewes Michelle Ognibene William B. Ortman John Wade Challacombe Gabriel Taran Matthew Ryan Howes Courtney Elizabeth Peters-Manning Stephen Joseph Cowen Donald William Ward Wayne Hsiung Kyle Hilyard Pilkington HIGH HONORS Ryan Jeffrey Foreman Benjamin Jay Wimmer Julian Rene Hwang Justin Steven Rubin Cowen Stephen Joseph Samuel Martin Gross Raymond Sui-fite Vee Erik Jan Ives Andres Sawicki Ryan Jeffrey Foreman Ryan Neil Hagglund Almas B. Khan Jonathan Charles Shapiro Samuel Martin Gross HONORS Matthew Ryan Howes Ramey Ko Rebecca Lynne Silver Neil Sharon Renae Albrecht Ryan Hagglund Erik Jan Ives Ambika Kumar Aaron Daniel Simowitz Jonathon Richard La Chapel Ie Kevin Charles Blackman Jonathon Richard La Chapel Ie Laura Lallos Jason D. Specht Jeffrey A. Mandell Joseph Francis Cascio Jeffrey A. Mandell Viktoria Lovei Katherine Marquess Swift Sara Lynn Murphy John Wade Challacombe Sara Lynn Murphy Jamie Rebecca Lund Joel Savik Tashjian Hartley Nisenbaum Mark Cuccaro Hartley Nisenbaum Jonathan Lee McFarland Benjamin Welsh Turner Philip Robert Park Henry M. Dorn William B. Ortman Abigail Ruth Moncrieff Benjamin Jay Wimmer Timothy Mychael Swan John Phillip Duchemin Philip Robert Park Sarah Hughes Newman Ana Theresa Zablah Gabriel Taran Richard R. W. Fields Andres Sawicki Alison Marie Zieske � Donald William Ward David Max Haendler Raymond Sui-fite Vee Rebecca Renee Hanson

THE UNIVERSITY OF CHICAGO LAW SCHOOL GRADUATING CLASS OF 2006

For the Degree of For the Degree of Doctor John Christopher Dudley Jonathon Richard La Chapel Ie Maria Elizabeth Porras Master of Laws of Jurisprudence Lisa Ellman Allan Chung-Lun Lai Richard McMillan Price Mikel Andoni Arriola Perialosa Alan James Devlin Jennifer Cassandra Esquibel Michael Leo Lakhovsky Madeeha Rana Martin Attlmayr Sharon Renee Fairley Laura Lallos l.ara Marie Rios For the of Doctor Martina Baillie Degree Sarah Barbara Fancher James Patrick Langdon Darlyn Odette Rodriguez Nazli Bardakci of Law Rebecca N. Feldman Michael Magayne Lauter Emma L. Rodriguez-Ayala Claudio Alex Bazzani Sharon Renae Albrecht Richard R. W. Fields Gina Kyusun Lee Kristen Arden Rowell Cecile Madeleine Berger Roger Humberto Angarita Lara Ann Flath Ashley Michelle Litwin Justin Steven Rubin Felix Bergmeister Samuel Abraham Arieti Charles Patrick Floyd Emmeline S. Liu Jessica S. Ryan Shira Brezis Joulia Arnaoutova Ryan Jeffrey Foreman Viktoria Lovei Roger Charles Saad Carolina Hungria de San Juan Lauren Beth Aronson Clarence A. Franklin Jamie Rebecca Lund Andrew Nathan Sachs Paschoal Amir Azaran Jason D. Frazer Lauren Victoria Mackey Moshe B. Saiger Diego Ferrada Walker Brooke Ashley Baires-Irvin Amanda Ward Gilbert Augustus Nicholaos Makris Mary Ellane Sanders Luciana de Moura Gabbai Valdir Correia Barbosa Alexander Brewer Ginsberg Jeffrey A. Mandell Allison Anne Sapsford Eva Garcia Bouzas Kirran Z. Bari Heidi Nan Gluck William O. Mandycz Andres Sawicki Jose Francisco Garcia Garcia Traci Ann Beeck Ryan Matthew Gray Marinn Claire Mansell David Paul Scenna Samantha Groffman Valena Elizabeth Beety Samuel Martin Gross Jennifer Lyn Marino Maronya Charisse Scharf Maho Hayashi Jessica Ann Benford Matthew T Guerrero Kameron Leigh Matthews Alec Huff Schultz Gilberto Hernandez Oseguera Derek Stephen Bereit David Max Haendler Jonathan Lee McFarland Meredith Lys Schultz Ye Hong Alyssa Sara Berman Ryan Neil Hagglund Sarah Elizabeth Meltzer Jonathan Charles Shapiro Kazunori Koike Priya Moti Bhatia Andrew John Hall William Webster Millsaps Ami Harshad Sheth Jacqueline Anne Lean Kevin Charles Blackman Eric Bradley Hamburg Sonja Soyoung Min Rebecca Lynne Silver Matthias Claudius Lerch Linda Boachie-Ansah David Samuel Han Abigail Ruth Moncrieff Aaron Daniel Simowitz Mark Mauerhofer James Christopher Brand Rebecca Renee Hanson Annette Canice Moore Jason D. Specht Luis Fernando Mendoza Lindsey Valaine Briggs Shennan Harris Krystal Ashley Muniz Christopher E. Spillman Richard L. Notz Katherine Renee Caldwell Emily R. Haus Sara Lynn Murphy Keely James Stewart Ryo Okubo Joseph Reed Callister Louis Dominic Hellebusch Katherine P. Myers Ryan David Strohmeier Ana Paula Keri Ministro Santos Kristen Marie Canamero Erica Elizabeth Hewes Nathan John Neuberger L.eslie Nicole Sturgeon Fradinho Oliveira Joseph Francis Cascio Constantinos Hotis Sarah Hughes Newman Murtaza Fakhruddin Sutarwalla Maria Liliana Ortiz de la Renta Ashwin Cattamanchi Matthew Ryan Howes Lisa Kim Anh Nguyen Timothy Mychael Swan Mariko Osawa Eric Jason Cayford Wayne Hsiung Hartley Nisenbaum Katherine Marquess Swift Masakazu Osawa John Wade Challacombe Daphne Pei-I Hsu Daniel Frank Nydegger Gabriel Taran Fabio Polverino Basil Mathew Cherian Julian Rene Hwang Michelle Ognibene Joel Savik Tashjian Jose Miguel Porto Urrutia John Vincent Chibbaro Joanna Ingalls Gina Jennifer Oka Allyson Dehaas Taylor Urska Prepeluh-Magajne Michael D. Cohen Erik Jan Ives William B. Ortman Philip Fabian Torongo Georg Rudolf Rentsch Elizabeth Anne Cook Natalie Claire James Angela K. Park Benjamin Welsh Turner Vanessa Sarah Rossel Natalia Marissa Cornelio Audrey Anne Jeung Philip Robert Park Michael Vermylen Lucimar Gomes Sant'anna Stephen Joseph Cowen James E. Ji Daniel Aaron Pawson Andres Carlos Vidal Alvaro Sarmiento Lapiedra Susanna Eleanor Cowen Katrina Fornasiero Johnson Walter Perra Eric William Waldo Daniel Schloesser Mark Cuccaro Matthew Ryan Jones Brian Arturo Perez-Daple Sarah Elizabeth Walker Daniel Oliver Seebach Tracy Elizabeth Dardick Michael Joseph Kelly, Jr. Courtney Elizabeth Peters-Manning Ivy Anuhea Walsh Minako Shibata Amanda K. Davis Robert Geza Kenedy II Jenetha G. Philbert Donald William Ward Rintaro Shinohara Joshua Arthur Decker D. Philip Kenny Kyle Hilyard Pilkington Anthony Marquez Webb Yasuyuki Shotokuji Robert C. Deegan Ryan Matthew Kerian Rebecca Piper Alexandra Elissa Weisfeld Carlos Fernando Siqueira Castro Henry M. Dorn Zubin P. Khambatta Justin Elliot Poore Nicole Lauren Welch Andre Mestriner Stocche John Phillip Duchemin Almas B. Khan Aaron Stephen Welling Liang Tao Nabeel Umar Khan Benjamin Jay Wimmer Yoshihito Ueno Sarmad Mostafa Khojasteh Kathryn Kristine Wycoff Macarena Vargas Losada Kirstin Beth Klingsick Raymond Sui-fite Vee Konrad Heinrich Von Hoff Joshua Kluewer Ana Theresa Zablah Stephan Winkler Ramey Ko Alison Marie Zieske Reiko Yoshida Brandy Michelle Kuentzel Sergio Ramos Yoshino Christopher J. Kuhlman Alexandre Zanotta Ambika Kumar Huyue Zhang Ajay Bhanji Kundaria Trampas Alan Kurth

90 THE U N I V E R SIT Y 0 F CHI C AGO LAW S C H 0 0 L • F ALL 2 0 0 6 ** WHERE ARE THEY NOW? */ndicates an LLM degree, indicates JD/MBA. Otherwise, graduates received a JD

ARIZONA Michael Lauter West Palm Beach Basil Cherian Viktoria Lovei Phoenix Sheppard, Mullin, Richter and McKinsey & Company Kirkland & Ellis LLP Alec Schultz Hampton Jessica Benford Judge Donald Middlebrooks Elizabeth Cook Annette Moore Ryley Carlock and Applewhite Erica Hewes United States District Court United States Court of Appeals Sidley Austin LLP Gibson, Dunn & Crutcher LLP Southern District of Florida for the Seventh Circuit Aaron Welling Sara Murphy Perkins Coie Brown & Bain p.A. COLORADO Meredith Shuford Schultz Natalia Cornelio Sidley Austin LLP Broomfield Gunster, Yoakley & Stewart, P.A. Lord, Bissell, and Brook LLP CALIFORNIA Katherine Myers Irvine Lauren Mackey GEORGIA Tracy Dardick Sachnoff & Weaver Cooley Godward Atlanta Jenner & Block LLP Andrew Hall Nathan Neuberger Amanda Davis Barack Ferrazzano Kirschbaum Knobbe Martens Olson & Bear LLP DISTRICT OF COLUMBIA Brooke Baires-Irvin Brook King & Spalding LLP Lord, Bissell, and LLP Perlman Nagelberg LLP Los Angeles Lauren Aronson Robert Sarah Newman Sidley Austin LLP Anthony Webb Deegan Roger Angarita Hunton & Williams LLP Wildman, Harrold, Allen & Dixon Sidley Austin LLP Latham & Watkins LLP Kevin Blackman Dorn Nisenbaum Latham & Watkins LLP HAWAII Henry Hartley Joulia Arnaoutova Audience Research International Kirkland & Ellis LLP Honolulu Paul, Hastings, Janofsky & Stephen Cowen .Iennifer Esquibel Daniel Nydegger Walker LLP Chief Judge Douglas Ginsburg John Duchemin Bell, Boyd & Lloyd LLC Goldberg, Kohn, Bell, Black, United States Court of Appeals Judge Richard Clifton John Chibbaro Rosenbloom & Moritz, Ltd. for the District of Columbia Circuit United States Court of Sharon Latham & Watkins LLP Appeals Fairley for the Ninth IL General's Office Gina Oka Lisa Ellman Circuit Attorney David Han Stein, Ray & Harris LLP Mayer, Brown, Rowe & Maw LLP IOWA Lara Flath Gibson, Dunn & Crutcher LLP Skadden, Slate, Emezie Okorafor Alexander Ginsberg Des Moines Arps, Meagher Hsu & Flom LLP Illinois Institute of Art Daphne Wh ite & Case LLP Mayer, Brown, Rowe & Maw Philip Park Ryan Foreman Rebecca Piper LLP Kirstin Klingsick Judge Steven Colloton Judge Frank Easterbrook Kirkland & Ellis LLP O'Melveny & Myers LLP United States Court of Appeals Julian Hwang United States Court of Appeals for the Eighth Circuit Madeeha Rana Irell & Manella LLP Jeffrey Mandell for the Seventh Circuit Latham & Watkins LLP Judge A. Raymond Randolph ILLINOIS Daniel Kenny Ryan Gray United States Court of Appeals Alton Emma Rodriguez-Ayala Gibson, Dunn & Crutcher LLP Winston & Strawn LLP for the District of Columbia Circuit Sidley Austin LLP Amanda Gilbert Jamie Lund Samuel Gross William Ortman LLC Allison Irell & Manella LLP SimmonsCooper Kirkland & Ellis LLP Sapsford Judge David Tatel Jenner & Block LLP Sonja Min United States Court of Appeals Chicago Ryan Hagglund Rebecca Silver Paul, Hastings, Janofsky & for the District of Columbia Circuit Judge Richard A. Posner Sharon Albrecht Kirkland & Ellis LLP Walker LLP United States Court of Justin Rubin DLA Piper Rudnick Gray Cary LLP Appeals for the Seventh Circuit Walter Pena Wilmer Cutler Pickering Hale Christopher Spillman Amir Azaran Kirkland & Ellis LLP Jones and Dorr LLP Rebecca Hanson Day Neal, Gerber & Eisenberg LLP Foley & Lardner LLP Stewart Bill Ward Jason Keely Specht Valdir Barbosa McDermott, Will & Emery LLP Tolles & Olson LLP Gibson, Dunn & Crutcher LLP Shennan Harris Munger Latham & Watkins LLP Mayer, Brown, Rowe & Maw LLP Ryan Strohmeier Palo Alto Murtaza Sutarwalla Alyssa Berman IL DCFS Latham & Watkins LLP Haus & LLP Emily Jonathan McFarland Foley Lardner & Lardner LLP Swan Gabriel Taran Foley Timothy Morrison & Foerster LLP Traci Beeck Berquam Sidley Austin LLP B. Louis Hellebusch Judge Timothy Dyk and Brook LLP Lisa Lord, Bissell, Nguyen United States Court of Appeals Kirkland & Ellis LLP Katherine Swift Wilson Sonsini Goodrich & Rosati Bhatia for the Federal Circuit Priya Judge Mark Filip Ve (Cecilia) Hong* Vee Goldberg, Kohn, Bell, Black, United States District Court, Raymond Nicole Welch Kirkland & Ellis LLP Rosenbloom & Moritz, Ltd. Northern District of Illinois Gibson, Dunn & Crutcher LLP Covington & Burling Matthew Howes Linda Boachie-Ansah Allyson Taylor Pasadena Ana Zablah Sidley Austin LLP United States Court of Appeals Bell, Boyd & Lloyd LLC U.S. Dept. of Justice, Civil Dept.: Benjamin Turner for the Seventh Circuit Wayne Hsiung Honor's Program Philip Torongo Judge Rymer Northwestern University James Brand & Harris LLP US Court of Appeals, 9th Circuit Voshihito Ueno* Stein, Ray Chief Judge Eugene Wedoff Michael Kelly Student, Georgetown Law Center Andres Vidal San Francisco United States Bankruptcy Court, Jenner & Block LLP Baker & McKenzie FLORIDA Northern District of Illinois Katherine Caldwell Robert Kenedy Miami Eric Sarah Walker Latham & Watkins LLP Cayford Skadden, Arps, Slate, Meagher Goldberg, Kohn, Bell, Black, Skadden, Arps, Slate, Meagher & Flom LLP Kuentzel Joanna Ingalls Brandy & Flom LLP Rosenbloom & Moritz, Ltd. Miami-Dade Public Defender Kirkland & Ellis LLP Ryan Kerian Ivy Walsh John Challacombe Latham & Watkins LLP Kundaria Natalie James Ajay Winston & Strawn LLP Neal, Gerber & Eisenberg LLP Miami-Dade Public Defender Keker & Van Nest LLP Zubin Khambatta Alexandra Weisfeld Almas Khan Kirkland & Ellis LLP Jenner & Block LLP University of Miami NabeelKhan Ashley Litwin Sidley Austin LLP Judge James Lawrence King Michael Lakhovsky United States District Court Chapman and Cutler LLP Southern District of Florida James Langdon William Millsaps Sidley Austin LLP White & Case LLP Gina Lee Stein, Ray & Harris LLP

F ALL 2 0 0 6 • THE U N I V E R SIT Y 0 F CHI C AGO LAW S CH 0 0 L 91 __ �A�lll_llLn_l�����_2006 Graduates

* W HER EAR E THE Y NOW? con t i n u e d Indicates an LL.M. degree. Otherwise, graduates received a J.D.

Benjamin Wimmer NEW YORK Lara Rios Pittsburgh Macarena Vargas* Richard D. Cudahy New York Cravath Swain & Moore LLP Carey y Cia Judge City Lindsey Briggs United States Court of Appeals Martina Baillie* Darlyn Rodriguez Reed Smith LLP Diego Ferrada* for the Seventh Circuit Fried, Frank, Harris, Shriver & Latham & Watkins LLP Baker & McKenzie TEXAS Kathryn Wycoff Jacobson LLP Jessica Ryan Austin CHINA Lovells Derek Bereit Weil, Gotshal & Manges Ko Beijing Alexandre Zanotta* Linklaters Ramey Roger Saad Texas Rio Grande Aid Yun Kirkland & Ellis LLP Legal (Samantha) Wang Cravath Swain & Moore LLP Michael Cohen (Groffman)* Dallas Huyue (Angela) Zhang* Cadwalader, Wickersham & Moshe Saiger O'Melveny & Myers Student, University of Chicago Taft LLP Stroock & Stroock & Lavan LLP Charles Floyd Law School CZECH REPUBLIC Susanna Cowen Gibson, Dunn & Crutcher LLP Lucimar Sant'Anna* Prague Wheaton Paul Weiss Cleary Gottlieb Trampas Kurth Rudolf "Rudi" Rentsch* Matthew Guerrero Mark Cuccaro Baker Botts LLP Alvaro Sarmiento Lapiedra* Gleiss Lutz DuPage County Public Mayer, Brown, Rowe & Maw LLP Cleary G?ttlieb Sarah Meltzer Defender's Office GERMANY Joshua Decker Hughes & Luce, LLP Andres Sawicki Clifford Chance INDIANA Judge Robert Sack Maria Porras Konrad von Hoff* Student Hammond Rebecca Feldman United States Court of Appeals Hughes & Luce, LLP Scholer LLP for the Second Circuit Ashwin Cattamanchi Kaye Houston Berne Northern District of Indiana Fed­ Jason Frazer David Scenna Joseph Cascio Mark Mauerhofer* eral Community Defenders, Inc. Proskauer Rose LLP Greenhill & Co. Judge Jerry E. Smith Student, University of Berne MASSACHUSSETS Heidi Gluck Scharf United States Court of Maronya Appeals Duesseldorf Boston Latham & Watkins LLP Morgan Lewis & Beckius LLP for the Fifth Circuit Richard Notz* Okubo* Eric Hamburg Jonathan Shapiro Clarence Franklin Ryo Hengeler Mueller Sullivan & Cromwell LLP Ropes & Gray Fried, Frank, Harris, Shriver & Baker Botts LLP Jacobson LLP Kaln Kirran Bari Ami Sheth VIRGINIA Kirkland & Ellis LLP Judge Douglas Woodlock Constantinos Hotis McLean Daniel Seebach* Debevoise & LLP United States District Court, Plimpton Minako Shibata* Universitat zu Kbln Richard Price District of Massachusetts Austin LLP Carolina Hungria de San Sidley JAPAN Pillsbury Winthrop Shaw Richard Fields Juan Paschoal* Carlos Fernando Siqueira Pittman LLP Tokyo Kirkland & Ellis LLP Ropes & Gray Castro* Richmond Mariko Osawa* Daniel Pawson Audrey Jeung Cleary Gottlieb Masakazu State Senator Bruce E. Tarr Lewis & Bockius LLP Brian Osawa* Morgan Liang {Alex) Tao* Perez-Daple Judge Roger Gregory Mitsubishi UFJ Securities Co., Ltd. Courtney Peters-Manning James Ji Kaye Scholer LLP United States Court of Appeals Kazunori Koike* LLP Skadden, Arps, Slate, Foley Hoag Meagher Reiko Yoshida* the for Fourth Circuit Bank of & Flom LLP Japan Shaw MARYLAND Pillsbury Winthrop WASHINGTON Matthew Jones Pittman, LLP LIECHTENSTEIN Annapolis Seattle Rose LLP Vaduz Proskauer Yoshino* William Sergio Mandycz Ambika Kumar Sarmad Gibson Dunn Crutcher Martin Irma Raker Khojasteh Attlmayr* Judge Davis Tremaine LLP Thacher & Bartlet LLP Wright Marxer & Partner Maryland Court of Appeals, 7th Simpson Alison Zieske Kristen Rowell Appellate Circuit Joshua Kluewer Wachtell, Lipton, Rosen & Katz PERU Perkins Coie LLP Cadwalader, Wickersham & Baltimore Carolina de San Juan Lima Taft LLP Andrew Sachs Paschoal* Jose Porto* Kameron Matthews Ehrman Miguel LLP Heller Jonathon La Chapelle Kirkland & Ellis Nextel Johns Hopkins Medical School del Peru S.A. Wachtell, Lipton, Rosen & Katz VIRGINIA OHIO WEST MINNESOTA SWITZERLAND Allan Lai Charleston Cleveland Geneva Minneapolis Weil, Gotshal & Manges Michelle Eric Waldo Ognibene Kuhlman Vanessa Rossel* Christopher Emmeline Liu Judge M. Blane Michael Judge Ann Aldrich Lenz & Staehelin Robins, Kaplan, Miller & Ciresi Lewis & Bockius LLP United States Courtof Morgan United States District Court, Appeals for the Fourth Circuit Cecile MONTANA Makris Northern District of Ohio Berger* Augustus Lenz & Staehelin Cravath Swain & Moore LLP WORLDWIDE Billings Toledo Zurich Moncrieff Jennifer Marino Katrina Johnson Abigail Valena Beety Judge Sidney R. Thomas Simpson Thacher & Bartlet LLP US Army JAG Corps Claudio Bazzani* Chief Judge James Carr United States Court of Appeals District Angela Park United States Court, INTERNATIONAL for the Ninth Circuit Homburger Simpson Thacher & Bartlet LLP Northern District of Ohio BELGIUM Matthias Lerch* NEW MEXICO Jenetha Philbert PENNSYLVANIA Brussels Pestalozzi Lachenal Patry, Albuquerque Cadwalader, Wickersham & Philadelphia Attorneys at law Taft LLP Fabio Polverino* Justin Poore Samuel Arieti Gottlieb Steen & Hamilton UNITED KINGDOM & P.A. Cleary Gilkey Stephenson, Kyle Pilkington Dechert LLP Devon Sullivan & Cromwell LLP BRAZIL NEVADA David Haendler Jacqueline Lean* Las Vegas Dechert LLP Luciana Gabbai* Souza, Cescon, Avedissian, London Joseph Callister Aaron Simowitz Barriev e Flesch Novogados Judge Robert Clive Jones Judge D. Brooks Smith Marinn Mansell United States District Court, US Court of Appeals, 3rd Circuit CHILE Debevoise & Plimpton LLP District of Nevada Santiago Mary Sanders Jose Garcia* Simpson Thacher & Bartlet LLP Instituto Libertad y Desarrollo Joel Tashjian Allen & Overy LLP

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