Legendary Corporate Defender Sheila Birnbaum ’65 Is Uniquely Suited to Her Newest Assignment: Own Special Master of the 9/11 Fund
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tort à la mode NYU Law faculty are pushing the modernization of one of our oldest legal systems. wikileaks, unplugged Nine experts in law and journalism debate unauthorized disclosures, civil rights, and national security. the next president of egypt? Mohamed ElBaradei (LL.M. ’71, J.S.D. ’74, LL.D. ’04) THE MAGAZINE OF THE NEW YORK UNIVERSITY SCHOOL OF LAW | 2011 leads in the polls. A CLASS OF HER Legendary corporate defender Sheila Birnbaum ’65 is uniquely suited to her newest assignment: OWN special master of the 9/11 fund. Saturday, April 27–28, 2012 & NYU School of Law REUNION Friday Please visit law.nyu.edu/alumni/reunion2012 for more information. 1957 1962 1967 1972 1977 1982 1987 1992 1997 2002 2007 1957 1962 1967 1972 1977 1982 1987 1992 19 97 2002 2007 1957 1962 1967 1972 1977 1982 A Note from the Dean Twenty years ago, the Law School magazine made its debut with a cover celebrating 100 years of women at NYU Law. So I am particularly proud to have Sheila Birnbaum ’65 profiled in this issue’s cover feature, on page 28. Her story of defying society’s narrow expectations for women in the ’60s to become one of the most accomplished and respected corporate lawyers in the nation is inspiring. Just days before we photographed her, Sheila was appointed special master of the $2.8 billion September 11th Victim Compensation Fund. It is a testament to her prodi- over two issues: whether counsel on the Pentagon gious talents and expertise that federal health and safety stan- Papers case, a physicist, and a the Justice Department has dards block private litigation, lawyer involved in the investi- entrusted Sheila to recom- and just how large punitive gation of the leak that exposed pense the rescue workers and damage awards should be. “The CIA agent Valerie Plame’s New York City residents who System Everyone Loves to Hate,” identity—to take part in the are still ailing a decade after on page 12, features professors conversation. The participants the attacks. Jennifer Arlen, Richard Epstein, analyzed what the advent of Mark Geistfeld, Catherine WikiLeaks might mean for First Sharkey, and others whose work Amendment rights, national will undoubtedly have a lasting security, Internet law, and impact on law and society. the press itself. It makes for As dean, one of my priori- thought-provoking and fasci- ties is to build a stronger bridge nating reading. between our students and the We began the year with a federal government. In “Wash- ribbon-cutting for Wilf Hall ington at Washington Square” (see page 98), our state-of-the- on page 10, we highlight lead- art new home for academic ing public figures in federal centers generously supported government who are or have by trustees Leonard Wilf recently been teaching on our (LL.M. ’77) and Mark Wilf ’87. campus. The roster includes Sadly, we close the issue the White House counsels of having suffered more than presidents George H.W. Bush our share of losses. In Faculty the three deans Norman Redlich, University President John Sexton, and and Barack Obama, as well as Focus, page 37, and Alumni Richard Revesz celebrate at the Weinfeld Gala in 2004. appellate judges appointed by Almanac, page 107, we remem- presidents Carter and Reagan, ber Dean Emeritus Norman An active alumna who en- policy experts, and adminis- Redlich (LL.M. ’55), Gerald L. dowed a faculty chair two years trators representing a broad Wallace Professor of Taxa- ago, Sheila was once a tenured political spectrum. I am proud tion Emeritus James Eustice professor at NYU Law as well as to let you know that one, Judge (LL.M. ’58), Professor Emeritus an associate dean. She taught Douglas Ginsburg of the U.S. Howard Greenberger ’54, As- torts, the subject of our aca- Court of Appeals for the Dis- sistant Professor Sarah Woo, demic feature. As many readers trict of Columbia Circuit, will civil rights attorney Charles know, in each year’s magazine be one among five outstanding Conley ’55, and U.N. human since I became dean in 2002, professors to join our full-time rights worker Joakim Dungel we have focused on an area of faculty this academic year. (LL.M. ’07). Among them are law in which I am confident a We introduce this impressive legal legends who committed peer review would say we take group on page 47. half-centuries to their fields, the lead among top law schools. The depth and talent of and, tragically, young lives Past issues have highlighted our faculty and alumni in of great promise cut short. As our programs in international, multidisciplinary fields are we remember them and honor environmental, criminal, and also on display on page 20 in all they accomplished or set clinical law; legal philosophy; our annual roundtable discus- out to do, we redouble our own civil procedure; and admin- sion, “The End of Secrets.” This efforts to make a difference. istrative law and regulatory March the magazine invited policy, as well as the new areas nine alumni and NYU faculty— of law and democracy and law including a former director and security. Torts has become of intelligence analysis for a hotly contested area of law the NYPD, two former ACLU richard revesz senior director of communications Elyse Mall Klayman managing editor The THE MAGAZINE OF THE Jeanhee Kim NEW YORK unIVErsITY SCHOOL OF LAW | 2011 creative director David Niedenthal Law School designers Michael Bierman Kara Van Woerden 4 60 Karin Wood 97 senior writer Notes & Around the Atticus Gannaway design coordinator Renderings Law School Julia Lovallo editorial coordinators Noah Cain, Will Yakowicz faculty scholarship editorial adviser Kenji Yoshino, Kevin Davis, Elizabeth Rohlfing and Erin Murphy share contributing editor excerpts from their recent The Queensboro Bridge is Janet Napolitano analyzes Ellen Stark journal articles. Plus, a list renamed for Ed Koch ’48; today’s counterterrorism; contributing writers of 2010 publications by Queen Elizabeth II awards Thomas Adcock, Gretchen Feltes, the full-time faculty. China’s legal growing pains Jennifer Frey, Susan Hansen, Micah Arthur Miller; Irving Picard inspire discussion; NYU Kelber, Duff McDonald, Tania (LL.M. ’67) sues a lot of suits; Law’s part in the Triangle Fire Nguyen, M.P. Nunan, Graham Reed, Nabil Elaraby (LL.M. ’69, is remembered; and more. Larry Reibstein, Alexandra Starr, 77 Denise Topolnicki, Dody Tsiantar, J.S.D. ’71) emerges from the Brad Tucker tumult of the Arab Spring; Student student contributors and more. 107 Martin Chavez ’11, Sara Rosell ’12 Spotlight copy editors Alumni Heidi Ernst, Emma Winter 37 Almanac editorial assistants Jake Epstein, Diana Mergiotti, Facu lty Focus Erin Sanger, Natasha Thalla web editor Jill Rachlin Marbaix The 2011 Annual Survey is web director dedicated to Cass Sunstein; Clayton Gates Stephen Breyer, Caroline Why Benjamin Brafman public affairs officer Moshe Halbertal gives the Kennedy, and others honor (LL.M. ’77) is no celebrity Michael Orey Israeli military ethical guid- the late Edward Kennedy; lawyer; Elena Kagan and photographers Bill Clinton delivers NYU’s Clarence Thomas engage Cover photograph by ance; Dean Richard Revesz Juliana Thomas remembers Dean Emeritus commencement address; with trustees; remembering Eli Northrup ’11 moonlights Mathieu Asselin, Sonia Barrett, Norman Redlich (LL.M. ’55); civil rights attorney Charles Dan Creighton, Mark Finkenstaedt, the ALI honors Oren Bar-Gill as a rapper; Fall Ball photos Conley ’55; donors meet their Phil Gallo, Sam Hollenshead, for his scholarship; and more. (above); and more. scholars (above); and more. Elena Olivo, Gary Parker, Don Pollard, Silvio Serber, Leo Sorel, Juliana Thomas 47 93 Photo retouching by Benjamin additions to 120 Jackson and Tito Saubidet the roster A Chat with... Printed by Full Circle Color The Law School welcomes five Robert Kindler ’80, vice Special thanks to the NYU Photo Bureau and NYU Archives new faculty chairman and global head members, of M & A at Morgan Please send your comments to student scholarship [email protected] including Sujit Laura Trice ’10 argues for Stanley, discusses J.D.s, M.B.A.s, his © 2011 New York University Choudhry, and procedural safeguards in the School of Law. All rights reserved. 53 visiting fac- attorney general’s review of favorite deal, and ulty and fellows. immigration appeals, and how to go with Michael Nadler ’11 examines the flow. the legality of community benefits agreements. 28 Master Defender Consummate products liability defense strategist Sheila Birnbaum ’65 has built a career out of successfully settling complex and mass torts cases. Appointed this May by the Justice Department to be special master of a $2.8 billion 9/11 fund, she will use all her skill, insight, and compassion to compensate thousands of Ground Zero rescue workers and New York City resi- dents who are still suffering the conse- quences of the attacks a decade later. On the cover: Sheila Birnbaum standing before Tiles for America, a spontaneous memorial created in Greenwich Village in the aftermath of 9/11. 10 12 20 Capitol Access A Full-Tort Press Plumbing the Depths Leading public figures from the One of the oldest areas of law A spirited debate ensues when the federal government, including has become cutting-edge as the U.S. Law School magazine invites nine former White House Counsel Supreme Court and leading NYU NYU faculty, fellows, and alumni Robert Bauer and federal appeals Law tort scholars and teachers, with expertise in journalism, con- court judge Douglas Ginsburg, including Richard Epstein, Mark stitutional law, and Internet law to bring their political, administrative, Geistfeld, Catherine Sharkey, and meet at the junction of free speech, regulatory, and judicial expertise others, weigh in on a central issue: freedom of the press, national to NYU Law’s classrooms.