b Focus on Law and Leadership FALL 2012 Harvard Law Electing to Serve bulletin

FOR THE FIRST TIME in U.S. history, HLS alumni are the ALSO: Tea Party Testimonial, Frank b presidential standard-bearers of the two major parties. Finale, Arguing Alien Tort Claims

c1-c2_HLB_Fall12_09.indd c1 9/24/12 11:30 AM IN THIS ISSUE

volume 64 | number 1 | fall 2012

1 FROM THE DEAN 3 LETTERS 4 BRIEFS Heard on campus 50 years ago; Heard on campus this summer; HLS citings; Art appreciation 6 ON THE BOOKSHELVES Klarman on gay marriage and backlash; Gasser and Palfrey on interoperability 5 page 17 10 FACULTY VIEWPOINTS Greiner on voter ID laws 41 CLASS NOTES Freedom fighter; The Puzzle; Compet- LAW AND LEADERSHIP ing ambitions; Journeys of discovery; Prosecutor on the Potomac; Supreme reporting; International security 12a The Long View interests; Startups and upstarts 58 HLS AUTHORS As two alumni vie for the presidency, HLS 60 HLSA NEWS historians reflect on law and leadership. 63 IN MEMORIAM 64 TRIBUTE 19a Most Likely to Succeed? Professor Roger D. Fisher ’48, Alumni remember two presidential 1922-2012 candidates as students. 66 LEADERSHIP PROFILE Barry Volpert ’85 68 GALLERY 26a Exit Interview with Barney Frank ’77 A Storied Digital Collection What he’ll miss most, what he’ll do next, and the song he can’t get out of his head assistant dean for communications Robb London ’86 editor 28a Carrying the Tea Party Banner Emily Newburger managing editor Senate candidate Ted Cruz ’95 wants to limit Linda Grant federal government. editorial assistance Sophy Bishop, Carolyn Kelley, Aliza Leventhal, Christine Perkins, 30a Summer Elective Lori Ann Saslav, Kim Wright A run for state office by a student committed design director Ronn Campisi to public service editorial office Harvard Law Bulletin, 125 Mount Auburn St., Cambridge, MA 02138 email: [email protected] website: www.law.harvard.edu/news/bulletin send changes of address to: 32a Jointly Held [email protected] The Harvard Law Bulletin (ISSN 1053-8186) is published A Harvard program immerses students in legal two times a year by Harvard Law School, 1563 Massachusetts Ave., Cambridge, MA 02138. and business training. © 2012 by the President and Fellows of Harvard College. Printed in the U.S.A. 36a A Question of Accountability Cover illustration by Adam McCauley In a Supreme Court case, the International Human Rights Clinic argues that the Alien Tort Statute applies to corporations.

c1-c2_HLB_Fall12_09.indd c2 9/24/12 11:30 AM FROM THE DEAN

Why Do Law School Graduates Become Leaders?

I think that a combination of self-selection, features of the law school experience, and particular elements of law itself contributes to the sizable presence across society of lawyers as leaders—and as effective ones, at that. What are your thoughts about this?

Why do many law tra veled by prior leaders. school graduates become Other notable Harvard leaders? Individuals with Law School alumni include legal training lead govern- leaders in the United States ment, business, civic activi- from both political parties— ties, and nonprofit organiza- among them, Dean Acheson tions in the United States ’18 (former U.S. secretary and around the world. Of of State; instrumental in course, leaders of law firms, the creation of the Marshall law schools, and offices of Plan, NATO, the Interna- government lawyers have tional Monetary Fund and legal training, but often so the World Bank); Michael do leaders of companies, Chertoff ’78 (former secre- of National Amusements also to meet and connect universities and countries. tary of Homeland Security); and founder and control- through school with like- I think that a combination William T. Coleman Jr. ’43 ling shareholder of Viacom; minded people. No wonder of self-selection, features of (former secretary of Trans- Roger W. Ferguson Jr. ’79, even our dropouts are amaz- the law school experience, portation); Ted Cruz ’95, president and CEO of TIAA- ing—consider John Negro- and particular elements of current Republican candi- CREF; Archibald MacLeish ponte, former U.S. director law itself contributes to the date for the U.S. Senate from ’19, former Librarian of of national intelligence; Greg sizable presence Texas; and Eliza- Congress; Regina Montoya Mankiw, chair of Harvard’s across society beth Dole ’65 (for- ’79, CEO of New America Economics Department; Jodi of lawyers as mer senator from Alliance; Gerald Storch Kantor, New York Times leaders—and as North Carolina, sec- J.D./M.B.A. ’82, chair and correspondent; and Cole effective ones, at retary of Labor and CEO of Toys “R” Us; BET Porter, composer. that. Does this secretary of Trans- CEO Debra Lee ’80; Lloyd features of the law seem right to you? I offer portation). The president of Blankfein ’78, chair and CEO school experience. In these thoughts in hopes of the Republic of China, Ma of Goldman Sachs; former conversations with lawyers prompting your suggestions. Ying-jeou S.J.D. ’81, and the Tufts University President leading great institutions, self-selection. Many former president of Ireland, Lawrence Bacow ’76; New I like to ask what they find people with aspirations to Mary Robinson LL.M. ’68, York University President useful from their law school serve as leaders are drawn are Harvard Law School John Sexton ’78; City Year days. Almost invariably, I to law school. It is a source graduates. So are the former founders Michael Brown ’88 hear a version of this re- of pride for Harvard Law president of the World Bank, and Alan Khazei ’87; Sandra sponse: “I learned to analyze School that two of our grad- Robert Zoellick ’81, and the Froman ’74, past president of a problem, take it apart, see uates are currently compet- current United Nations high the National Rifle Associa- it from all sides.” Central ing to serve as president of commissioner for human tion; and Irene Khan LL.M. credit goes to the traditional the United States. The com- rights, Navanethem Pillay ’79, former secretary general Socratic line of questions mitment to lead, along with LL.M. ’82 S.J.D. ’88. of Amnesty International around complex judicial cas- crucial talents and tenacity, Perhaps more surprising and now chancellor of the es. As its originator, Chris- contributes to the decision is the number of lawyers U.K.’s University of Salford. topher Columbus Langdell by many to pursue legal edu- who head companies, uni- One explanation is sim- LL.B. 1854, explained, stu- cation. In so doing, students versities and nonprofit orga- ply that many people drawn dents would learn through like Barack Obama ’91 and nizations. Among them are to law school emulate and the Socratic case method to Mitt Romney J.D./M.B.A. Harvard Law School alums retrace the careers of lead- move from particular con- ’75 follow in the paths Sumner Redstone ’47, chair ers—while aiming perhaps texts to general rules and

Illustration by david pohl fall 2012 harvard law bulletin 1

01-11_HLB_Fall12_09_r1.indd 1 9/26/12 12:27 PM from the general to the par- events, practices and con- structures for reporting and viduals while calmly moving ticular because “to have such cepts; and through practice, accountability. the group forward. a mastery of [principles or people evaluate the logic, co- Embedded in legal In law school, we learn doctrines] as to be able to herence, completeness and education is information to see the people we hope apply them with constant flaws of arguments. about regulated markets, to lead as individuals, with facility and certainty to the Law school classes and dispute resolution systems, minds and spirits, indepen- ever-tangled skein of human study groups deepen reason- the confluence of history dence and desires: people affairs, is what constitutes a ing skills while shaping stu- and politics, and the rela- who experiment, argue and true lawyer.” dents in other ways relevant tive usefulness of rules and challenge. Legal education Some present-day leaders to leadership. Law students standards—information that models leading by convers- also point to clinical work become adept at taking the assists prospective leaders. ing, taking turns asking and case studies that helped perspective of others by I think it turns out to be questions and answering hone their problem-solving devising and responding to helpful, too, to understand them. We proceed with the and analytic skills. These arguments from competing how a regular process of- knowledge that everyone activities, important in legal points of view, by examining fers value in handling issues will not agree. A wise man education for the past two the origins and consequenc- and to know a repertoire of was asked to define success, decades, help students learn es of particular disputes, formal and informal pro- and he said, “I do not know to find—or construct—facts and by engaging with di- cesses for tackling disputes how to define success, but and to navigate more dimen- verse fellow students. Legal and formulating policies. As I know how to define fail- sions of a problem than is education increasingly also the scholar Warren Bennis ure: trying to please every- permitted by the frame of draws students into generat- notes, “Leadership is the one.” appellate judicial opinions. ing solutions to problems. capacity to translate vision One of my students, It is fascinating to see law- Learning to negotiate, law into reality.” Legal education Peter Cicchino ’92, came yerly analytic skills carry students find, is not simply provides insights into so to law school following over easily from law to fi- a matter of emotional tough- many efforts to do just that, years as a Jesuit, and later became a lawyer and then a law professor. He once In a time when some question the value of legal education, told law students: “Take I am proud that so many lawyers become leaders. your arrogance and afflict the comfortable. Take your contentiousness and nance, politics and adminis- ness. Negotiation invites the along with tools for working articulate genuine political tration. Alumni tell me how imagination to create new with groups to solve prob- alternatives. Take your law school equipped them alternatives and allow com- lems. sense of entitlement to act in to run institutions focused peting sides to find shared leading people. As I be- the world—to run things— on science and technology solutions. Law students came dean, I read articles on and do so: govern, lead.” as well as civic and cultural learn to expect disagreement leadership and particularly Contentiousness and institutions. Why? Because and focus on what to do in searched for advice about a sense of empowerment, in law school they learned to real time. “herding cats”—one way to grounded in knowledge and learn by asking questions; Some of the knowledge describe leading tenured analytic tools—these are they probed propositions conveyed in law school faculty. Although animal great ingredients for leading. and practices by asking helps people lead nonlegal images abound in business In a time when some what lies behind, what fol- organizations. Law students and management writings, question the value of legal lows and even what unex- learn useful knowledge of that particular phrase is education, I am proud that pected consequences arise. particular institutions—like not common. The leader so many lawyers become Recent research suggests corporate firms and interna- presumably is a human, but leaders. I look forward to that even studying for the tional networks. Law school those to be led are at times your thoughts about why LSAT affects the parts of helps people understand cows, bees and sheep. Some this is the case. the brain associated with the choices and trade-offs see the leader as the Cowboy, reasoning. Practice affects involved in designing and who is goal-oriented; oth- the brain. Practice sharpens operating institutions: the ers as the Beekeeper, who is the thinking and reasoning benefits and drawbacks of systems-oriented, helping relevant to reading com- centralized and decentral- self-directed people with Martha Minow is dean prehension and inference; ized authority, the power resources; and still others as of Harvard Law School and professor of law practice helps people draw and limitations of multi- the Shepherd, who is team- logical implications from the member decision-making oriented, promoting healthy, [email protected] relationships among people, bodies, the utility of varied happy and productive indi-

2 harvard law bulletin fall 2012

01-11_HLB_Fall12_09_r1.indd 2 9/26/12 11:49 AM LETTERS

AT THE AIRPORT in New York one day last year, Alex Dimitrief ’85 was on a callall TRANSFORMATIVE GENERAL COUNSELS regarding a problem that his company, General Electric, faced in China. Whenen his plane landed in London, he took a call on a different matter in Vietnam.m. And late that night, when he arrived in Lagos, he fielded yet another call,all, ARE NOT NEW dealing with an issue back in the U.S. { “It was an incredibly complicateded day,” recalls Dimitrief, who in November was appointed vice president andnd Your piece in the Summer 2012 general counsel of GE Energy, where he oversees the legal and compliancence issue titled “In the Driver’s Seat: The changing role of the general counsel” makes the astonishing claim that Distinguished Senior Fellow Benjamin W. Heineman Jr. “[revolutionized] the role of general counsel in major corporations.” Quoting Heineman, INTHE DRIVER’S SEAT “Twenty-five years ago, if you asked The changing role of thee an inside lawyer a question, they’d say, ‘Give me two days,’ and they’d general counselel call someone outside.” Heineman BY ELAINE McARDLE ILLUSTRATIONS BY OLIVER MUNDAYDAY supposedly solved this bottleneck 26 harvard law bulletin summer 2012 summer 2012 harvard law bulletin 27 by hiring “superstars” to answer the questions directly. 20-38_HLB_Summer12_07.indd 26 5/23/12 12:32 PM 20-38_HLB_Summer12_07.indd 27 5/23/12 12:32 PM Given that thousands of HLS graduates surely worked as inside HLS graduates d could ld suggest other h acceleratedld tremendously dlih since the 1980s, counsel at major corporations prior companies with similar experiences. resulting in the sea change discussed in to 25 years ago, your version of The potentially novel element the article, with many more corporations legal history amounts to turning of Heineman’s initiative seems hiring outstanding general counsels us all into message takers and to have been the recruiting of from government or private practice, transmitters. A good candidate “superstars.” Since the only objective upgrading the talent in legal departments, for a truly transformative general criterion for identifying and measuring changing the relationship between inside counsel a generation earlier would such people is the salary offered to and outside lawyers, and recognizing be Howard Aibel [’51], who became them, the criterion of excellence is thus that the legal function (and the GC) is as general counsel of ITT Corp. in the self-generated and circular. Rather important as the finance function (and early 1960s. At ITT, Aibel recruited than transformative, it seems the CFO). And I think most would agree a very capable legal staff, dominated illustrative of the steamy economic that Ben Heineman was one of those most by HLS graduates, with the goal bubble in which the legal profession responsible for pushing these trends, as of participating proactively in all has been operating. Now that the legal Corporate Counsel magazine recognized business decisions, as well as providing profession in the U.S. is being forced when it put Mr. Heineman’s picture on excellent legal services. I worked to adjust to new realities, it seems the cover with the simple words: “In the for ITT from 1974 to 1987, and I don’t doubtful that companies will continue Beginning.” Nevertheless, as I know he recall one single instance of acting as to make claims of excellence in their would be the first to acknowledge, the “go-between” for my ITT client and an delivery of in-house legal services as breadth and durability of these changes outside U.S. counsel. For a number of measured by the very high salaries and are due much more to the growing years, I was a member of ITT’s legal other benefits paid to new recruits. recognition of the connection between “acquisitions” group. ITT was the pre- John Impert ’66 business, law and society, than to the eminent conglomerate of the time, with Seattle actions of any single individual. hundreds of separate profit centers, e wilkins is director of the hls as well as an active acquisition and professor david wilkins ’80 program on the legal profession. divestment practice. We handled all of replies: Mr. Impert makes a valuable ITT’s worldwide acquisition activities point in noting that a few forward-thinking NATIONAL SECURITY OMISSIONS in-house, using outside counsel only general counsels such as Howard Aibel Glaringly absent from “The in foreign countries for questions of at ITT helped to pave the way for the Matrix—A sampling of HLS alumni foreign law. ITT in fact exemplified transformation in the role that this article in the national security field since the model of corporate legal practice documents. My guess is that most of these 9/11” (Summer 2012) is the name that you claim Heineman invented for early pioneers would agree, however, of Joel Brenner ’75, who served GE 25 years later. I’m confident other that the reforms that they started have successively during that period b 62

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

01-11_HLB_Fall12_09.indd 3 9/24/12 10:56 AM Some memorable moments, milestones and a Miró

BRIEFS HLS CITINGS From Michelman on property to Bebchuk on shareholder power, Rev. Martin Luther HLS faculty articles among the King Jr., October 1962 most cited HLS FORUM

‘Integration is not some lavish dish cation were the only ways to bring that the federal government will pass about change. “It may be that the out on a silver platter’ law cannot make a man love me,” Harvard Law School faculty are among those he said, “but it can keep him from who have written the most-cited law review lynching me.” articles, according to a recent study in the 50 YEARS AGO AT But he also told the audience, Michigan Law Review by Fred R. Shapiro ’80, a “Integration is not some lavish librarian at Yale Law School, and Michelle dish that the federal government Pearse, a librarian at Harvard Law. THE HLS FORUM will pass out on a silver platter.” The study includes two lists: a selection In addition to working through of the 100 most-cited articles of all time, and In October 1962, the Rev. legislative channels, and through another of the 100 most-cited articles from the Martin Luther King Jr. spoke at the courts, “the Negro must be last 20 years, because, according to Shapiro, Harvard Law School on “The willing to engage in nonviolent “It takes decades for an article to amass the Future of Integration.” It was direct action,” he said. stratospheric citation count needed to make six months before he would be “Even if [the opponent] tries [the fi rst list].” imprisoned in a Birmingham jail, to kill you, you develop the quiet Out of 200 articles on both lists, 29—or 15 10 months before the March on courage of dying, if necessary, percent of the total—were written or co- Washington, almost two years without killing,” King said. written by current HLS faculty: Lucian Bebchuk before the signing of the LL.M. ’80 S.J.D. ’84, Yochai Benkler ’94, Jody Free- Civil Rights Act and al- man LL.M. ’91 S.J.D. ’95, Jack Goldsmith, Louis most six years before his In 1962, in addition to King, the Harvard Kaplow ’81, Duncan Kennedy, Reinier Kraakman, assassination. He called Law School Forum, a student-run Lawrence Lessig, Frank Michelman ’60, Dean for strong, forthright civil speaker series, hosted Jimmy Hoffa and Martha Minow, Robert Mnookin ’68, Mark Roe rights legislation, and Billy Graham. To hear their speeches, go ’75, Cass R. Sunstein ’78, Laurence Tribe ’66 and refuted what he called the to http://bit.ly/King1962. Mark Tushnet. Many of these faculty members myth that time and edu- wrote more than one most-cited article.

4 harvard law bulletin fall 2012

01-11_HLB_Fall12_09.indd 4 9/24/12 10:57 AM Nancy Gertner at the implicit racial bias conference
heard on campus
ask the bulletin ‘LOSERS’ RULES’ ART APPRECIATION

This summer at a conference JR. PARKER LOLITA This summer, after Spanish painter Joan Miró’s at Harvard Law School, HLS last fall after 17 years as a U.S. “Etoile Bleue” sold for $37 million on auction at Professor of Practice Nancy District Court judge, “it should Sotheby’s, Arthur Greenbaum ’55 of New York City Gertner called attention to come as no surprise that the remembered another Miró—hanging in the Harvard what she called a “structural” decision-makers at all levels Law School dining hall when he was a student. problem that poses daunting have a hard time envisioning Greenbaum says that back then he had little challenges for plaintiffs in the facts that comprise appreciation for the mural’s colorful abstraction, discrimination cases: The discrimination.” which some have said represents a bullfi ght: “We written law is based on what Gertner’s remarks were part thought it looked obscene.” judges have to say when they of “Implicit Racial Bias Across But as he heard news of the record sale this grant summary judgment— the Law,” a conference that summer, he recalled the school taking down the and virtually all parties who coincided with the publication artwork, and he called the Bulletin to fi nd out what- move for summary judgment of a book on the topic co-edited ever happened to that mural. are defendant companies or by Justin Levinson LL.M. ’04 According to a Harvard Crimson article from Nov. organizations, not plaintiffs. and Robert J. Smith ’07, who 10, 1960, the artwork’s fate was sealed after Miró She called the result “losers’ were among the participants. rules.” “If case after case recites To read more about the the facts that do not amount to event or watch video, go to discrimination,” said Gertner, http://bit.ly/RacialBias. who retired from the bench

milestone

For the first time ever,

an entering class at HLS HISTORICAL & SPECIAL COLLECTIONS Harvard Law School starts the year in the paid a visit to the school to see the work, which Wasserstein Hall, had been commissioned by the building’s architect, Caspersen Student Center, Clinical Walter Gropius. “The artist himself fi rst observed Wing Building. the deleterious effects which a radiator below the mural had caused.” The article suggests that Greenbaum wasn’t the only student who hadn’t appreciated that particular piece of modern art at the time. According to the Crimson, one student described the painting as “appropriate for an evil child’s nursery.” But by 1960, after the mural was taken down, Miró had created a ceramic replacement, which, after being exhibited in Barcelona, Paris and New York, was installed in 1961 in the Harkness Com- mons, where it hangs today. As for the damaged original, it was ultimately acquired by the Museum of Modern Art in New York

TONY RINALDO City—a subway ride away from Mr. Greenbaum.

fall 2012 harvard law bulletin 5

01-11_HLB_Fall12_09_r1.indd 5 9/26/12 11:49 AM ON THE BOOKSHELVES

The Courts and Public Opinion Klarman examines THE LEGAL FIGHT FOR same-sex marriage

Michael Klarman’s scholarship has focused on the effect that court rulings have on social reform movements. He argues that when courts get ahead of public opinion, political backlash often follows. That’s what he found in an earlier book he wrote on race and the U.S. Supreme Court, and it is a phenomenon he has also observed in cases involving the death penalty and abortion. In his new book, “From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage” (Oxford), the HLS professor explores whether the same effect has taken place when it comes to same-sex marriage litigation.

6 harvard law bulletin fall 2012 Illustration by ellen weinstein

01-11_HLB_Fall12_09_r1.indd 6 9/26/12 11:50 AM He also details the history of of same-sex marriage in the gay rights movement, the all 50 states now appears emergence of gay marriage inevitable in a way that did as a legal issue, and the not seem possible eight costs and benefits of related years ago. The question, he litigation over the past 20 said, is, “How much of the years. progress is attributable to Soon after the 2003 the litigation and how much Massachusetts decision in to what you might call the Goodridge v. Department of deep background forces that Michael Public Health, which estab- are driving the liberalization Klarman

lished full marriage equality of attitudes?” It’s impossible LEAH FASTEN for same-sex couples in the to know for sure, he said, commonwealth, Klarman “but it’s possible that the were heroes, who did the Maine, Maryland, and wrote an article describing litigation, in addition to right thing regardless of Washington state, and the political toll of the rul- producing short-term political ramification. But conceivably in Minnesota. ing on 2004 elections across backlash, also has produced that’s just not the way they Klarman said it’s been the country, including the a longer-term advance.” behave,” he said. “With fascinating to see attitudes presidential contest. Since Klarman noted that it’s Abraham Lincoln and the change during his 25 years Goodridge, more been an interesting Emancipation Proclamation, as a law professor. When than 30 states experience for him, Harry Truman and he started teaching at the have enacted con- KLARMAN as a legal historian, his executive order University of Virginia School stitutional bans LOOKS AT THE to write about the desegregating the military, of Law in 1987, the Supreme on gay marriage. POLITICAL present: “When and John F. Kennedy and his Court had just decided Similarly, an COSTS OF you study things famous speech proposing Bowers v. Hardwick, rejecting earlier marriage LITIGATION. in the distant past, a civil rights bill—they all a constitutional challenge equality case in you lose the sense acted only after dragging to state criminalization Hawaii (Baehr v. of contingency. Of their feet for years, and only of homosexual sodomy Lewin) led to more than 35 course, we think, the Civil after public opinion had between consenting states and Congress enact- War had to come out the caught up.” adults. “At least half of my ing defense-of-marriage way it did, because it’s During an interview with Virginia students back statutes in the 1990s. In hard to imagine our nation the Bulletin in August, Klar- then thought that ruling addition, he believes, gay split in two. But when you man made predictions about was right,” he said. Now, marriage litigation may have study events as they unfold, gay marriage cases that by contrast, he can’t even distracted attention from contingency is everywhere. many believe are headed get most of his Harvard other items on the gay rights It may mean that you tell toward the Supreme Court, Law students to seriously agenda, such as federal leg- more accurate stories when including a successful chal- consider the position that islation forbidding employ- you write about the present lenge to the federal Defense same-sex marriage is not a ment discrimination based because you don’t already of Marriage Act in the 1st constitutional right. on sexual orientation. But know what happens next.” Circuit. “I could easily imag- In our lifetimes, he Klarman also sees beneficial One development he ine the Court’s agreeing with predicted, “people will consequences for the gay failed to anticipate was the 1st Circuit that DOMA cease to understand why rights movement emanating President Obama’s May is unconstitutional. Indeed, gay marriage was ever a from the litigation, including endorsement of same- I’d go out on a limb and say controversial issue, and even greater discussion among sex marriage. Klarman that’s likelier than not.” those who staunchly oppose Americans of “a social re- said he is confident the In November, four it today will have figured form that previously would president and his political referendums on same-sex out ways to normalize it. have struck many of them as advisers had looked at the marriage will be on state Otherwise, no one will incomprehensible.” polls and concluded that ballots. Although in the take them very seriously. As he began to focus on endorsing gay marriage past, voters have uniformly ... It happened with race; the pace at which public wouldn’t substantially hurt rejected gay marriage at it happened with women’s opinion had changed in his re-election prospects. the polls, Klarman believes equality. It will happen with recent years, he came to “We want to treat our this year we will likely see gay marriage.” believe that the legalization great presidents as if they a different outcome—in —Emily Newburger

fall 2012 harvard law bulletin 7

01-11_HLB_Fall12_09.indd 7 9/24/12 10:58 AM ON THE BOOKSHELVES

A Theory of Connectivity Gasser and Palfrey on the opportunities and pitfalls of our increasingly INTERCONNECTED WORLD

The highly connected nature of today’s world has all sorts of benefi ts—but all sorts of potential costs as well, from 1 loss of control of private data to a world fi nancial system so intertwined that when one part of it falls, it’s hard to keep 1 1 other parts from toppling along with it. In “Interop: The 1 2 1 Promise and Perils of Highly Interconnected Systems,” John Palfrey ’01 and Urs Gasser LL.M. ’03 draw on their work 1 3 3 1 at the HLS Berkman Center for Internet & Society to start 1 4 6 4 1 developing a “normative theory identifying what we want out of all this connectivity.” Gasser, executive director of 1 5 10 10 5 1 the Berkman Center, and Palfrey, a former Berkman faculty 1 6 15 20 15 6 1 director and HLS professor (now head of Phillips Academy Andover), spoke with the Bulletin about their book. 1 7 21 35 35 21 7 1

1 8 28 56 70 56 28 8 1 Bulletin: You write because it’s helped me about interoperability— 1 9 36 84 126 126 84 36 9 1 see the many invisible or interop—at work links that connect the 1 10 45 120 210 242 210 120 45 10 1 in everything from different systems I use compatibility of different 1 11 55 165 330 462 462 330 165 55 11 1 every day—both personally email programs to and professionally. 1 12 66 220 495 792 924 792 495 220 66 12 1 communication between Understanding, let’s say, different electrical grids to the complexity of a simple the linkages of European trip to Europe—I buy the economies within the EU. ticket online, order a cab, 1 How did you first approach go to the airport, board this project? a plane, arrive safely in 1 1 john palfrey: Urs and I Zurich—leads to a new 1 2 1 came to the project with a level of appreciation. very similar understanding You also start to see the 1 3 3 1 of interoperability as a potential points of failure. 1 4 6 4 1 technical concept, one that has to do with making IT Where does the fi eld of law 1 5 10 10 5 1 systems work together intersect with interop? 1 6 15 20 15 6 1 better. By the end, we palfrey: One way a came to see interop stories law argument is at the 1 7 21 35 35 21 7 1 everywhere—it’s one of core of this book is the 1 8 28 56 70 56 28 8 1 those sleeper topics where extent to which law you are working on it from and interoperability are 1 9 36 84 126 126 84 36 9 1 one angle and you start to bidirectional. 1 10 45 120 210 242 210 120 45 10 1 see it in your everyday life in ways that are completely Meaning that they can 1 11 55 165 330 462 462 330 165 55 11 1 unexpected. intersect in a couple of 1 12 66 220 495 792 924 792 495 220 66 12 1 urs gasser: Working on different ways? this project has been an gasser: Yes. One eye-opening experience, example where you see

8 harvard law bulletin fall 2012 Illustration by ronn campisi

01-11_HLB_Fall12_09.indd 8 9/24/12 11:34 AM Other Recent FACULTY BOOKS

clinical professor bidirectionality at be used both in favor of of interoperability, a deborah anker ll.m. ’84 work is intellectual interoperability and to lot of design thinking is the author of “Law of property law. Consider hinder it. has to go into that. And Asylum in the a manufacturer of cell that design thinking United States” phones and a producer How much attention is the is exactly what we’re (Thomson West), of operating systems for U.S. government paying to calling for in the book, a comprehensive cell phones—let’s say this issue? and it does have to be resource for Nokia and Microsoft. palfrey: This is a hugely deliberate in order to scholars and They may decide to work important policy matter ensure that broader practitioners, together very closely. in the United States, one goals than simply the describing and The way they legally that runs across many self-interest of a given interpreting form their collaboration different topical areas. company are met. An decisions of U.S. is by licensing certain It’s also a very hard example would be tribunals as well as those of technologies to each one; it’s an issue where privacy and security in other state parties to the U.N. other. And this kind of one can see the tension the computing context. Refugee Convention. licensing may actually between seeking to have I think we’ve seen increase interoperability highly interoperable consistently in social between the players. technology systems that media in particular professor einer elhauge Now take another will drive innovation on that companies that are ’86 is author of the e-book example. You see patent the one hand and those serving individuals and “Obamacare On Trial” wars where it’s exactly who are concerned with doing so for free online (Edward Elgar), about using IP assets international security don’t take privacy into focused on the or rights to prevent and cybersecurity on account enough, and Patient Protection competitors from the other. There are we need to be designing and Affordable developing interoperable representatives from more for the long- Care Act case devices or applications— both sides of that term implications of decided by the the same body of law can argument, even within giving away so much Supreme Court the White House. This information about in June. Elhauge question of how you get ourselves. That’s a raises points that to an optimal level of crucial point that the were not aired in interoperability is one on market on its own the courtroom, including the which many important doesn’t handle. fact that the constitutional topics will turn. framers themselves had What sort of impact is the approved mandates to buy Is there anyone who says, book having? health insurance. “We don’t need a theory gasser: The biggest for this; interoperability is compliment I’ve heard so just going to happen, and far is that the book helps Part of the Charles Hamilton businesses will work it to structure the thinking Houston Institute Series Urs Gasser out for themselves”? about these issues. on Race and DANIEL AMMANN palfrey: There is an That’s one of the goals Justice, “Life argument that the of the book: to advance without Parole: market sorts these kinds a theory that is useful America’s New of matters effectively in practice—both in the Death Penalty?” and there’s no need to executive boardroom and (NYU), edited be deliberate about it in the administration by professor from a public policy of governments. I’m charles perspective. I think hopeful that this theory ogletree ’78 there are a couple ways can be refined and and Austin Sarat, in which that argument expanded over time. investigates the social, is insufficient. One is, To me, the book is still cultural, political and legal John Palfrey even when the market very much a work in impacts of life in prison Katie Bacon ASIA KEPKA is determining levels progress. — without parole.

fall 2012 harvard law bulletin 9

01-11_HLB_Fall12_09_r1.indd 9 9/26/12 11:51 AM FACULTY VIEWPOINTS

A No Vote on ID Laws Racial discrimination vs. FRAUD at the polls

Harvard Law School Professor D. James Greiner is co-author techniques to control for are classified as inactive of a recent study on the experience of Boston voters in the other things a poll worker voters.] In fact, election election of 2008. As another election approaches, we ask Greiner was likely to observe when a administration officials a few questions about his study and the current efforts to pass would-be voter approached had gone so far as to print tougher voter ID laws. a voting area—things like an “I” or an “ID” next to gender, age, educated speech the name of each person Your article is titled “Can who approached voting patterns and proficiency who was to be asked for an Voter ID Laws Be Administered locations in the 2008 general with English. ID if she approached the in a Race-Neutral Manner?” election in Boston were What role can law play in the polls. In other words, if a What did you find? asked for an ID. But the solution to the discrepancy person trying to vote had Our study reached some problem was even worse you found? an “I” or an “ID” next to her discouraging conclusions. for African-American and That’s the particularly name, the poll worker was The combination of federal Hispanic voters. Members discouraging thing. The supposed to ask for an ID. If and Massachusetts laws of racial minority groups “law” (meaning the law neither of these symbols was limits the circumstances were more likely, more than written down in the books) present, the poll worker was under which a person 10 percentage points more seems to have been pretty not to ask for an ID. It’s hard approaching a voting likely in most cases, to be clear here. [It requires that to see how the issue could location in Boston should asked for IDs. The disparity an ID be requested of voters have been made more simple be asked for an ID. among racial/ethnic groups who registered by mail or straightforward. And yet, Despite these limits, far persisted even when we without including a copy of racial and ethnic disparities too many white persons used sophisticated statistical a valid ID and of those who occurred.

10 harvard law bulletin fall 2012

01-11_HLB_Fall12_09.indd 10 9/24/12 10:59 AM Other studies have shown or locations, prematurely that a majority of American purging registration rolls, voters, including blacks and etc.) that such a coordinated Hispanics, favor voter ID laws. effort is not worth the How does that jibe with your candle. So basically no one results? does it. The Bush Justice ID laws have a strong Department tried (hard) to intuitive appeal. After all, find examples of this kind the argument goes, one has of fraud so as to justify to show not just an ID, but voter ID laws, but it found a photo ID (Massachusetts essentially nothing. law has never required a Second, there is some photo ID to vote), to board evidence (including our an airplane. Why not require study) that voter ID laws one for voting? It turns out disproportionately affect that there are two reasons racial and ethnic minorities, not to require an the elderly, and the ID for voting. poor. We know that First, there DESPITE THEIR persons with these is no evidence POPULARITY, demographics tend (really, none) VOTER ID LAWS to lean Democrat. that the kind of DON’T PREVENT That’s why fraud that voter FRAUD. Republicans like ID laws prevent these laws. Don’t get James Greiner

has ever occurred me wrong: If these MARTHA STEWART in the United States on a laws disproportionately significant scale. If you affected Republicans, Only one other issue decided these laws. Of course, more think about it, voter ID Democrats would be all for that day, a proposal for a investigation is needed laws prevent only one kind them. But we as citizens statewide ban on dog racing, before one can draw firm of fraud: a person showing shouldn’t swallow this kind was remotely close. Fraud is conclusions, but our thought up at a voting location of garbage. always a concern, but there is, If racial disparities to impersonate someone What is the national import of was little reason to expect occurred in Boston in 2008, else. To pull this off, the this study, especially in a year Boston election officials it seems pretty likely that impersonator must know when there have been efforts to be hypervigilant about they are occurring in other the actual voter is still on the in states around the country fraud that day. Meanwhile, jurisdictions at other times. voting list, must also know to pass more stringent voter Boston is racially and With all that in mind, one the actual voter’s name and ID laws than the ones that ethnically diverse, and the has to ask, Are these laws address (both of which must exist in Massachusetts? Boston Election Department worth it? —Emily Newburger be provided in order to vote), It’s true that we studied only in 2008 had recently made and must know that the one jurisdiction, the city of some effort to hire racially/ actual voter has not already Boston, in one election, the ethnically diverse poll “Can Voter ID Laws voted that day. Realistically, general election in 2008. workers. True, Boston has Be Administered each fraudster could Nevertheless, this is one of some ugly periods on race in a Race-Neutral impersonate only one or the last places and times relations in its past (but Manner? Evidence two voters on a voting day, one would have expected to what U.S. jurisdiction has from the City of so there would need to be a observe racial and ethnic not?), but race relations in Boston in 2008” coordinated effort involving discrimination in the Boston are probably better (Quarterly Journal of a lot of advance knowledge administration of voter ID than they are in many Political Science, 2012) and a lot of fraudsters to laws. In 2008, the top two other places in the United by Rachael V. Cobb, affect an election. There elections, for president and States. Finally, as noted D. James Greiner and are so many easier ways to U.S. Senate, were expected above, it’s hard to see how Kevin M. Quinn is commit fraud (stuffing ballot to be blowouts in Boston the law could have placed available at http://bit. boxes, misleading potential and in Massachusetts, and more limits on the poll ly/voteridpaper. voters about polling dates in fact they were blowouts. workers who administer

Illustration by oliver munday fall 2012 harvard law bulletin 11

01-11_HLB_Fall12_09.indd 11 9/24/12 12:12 PM THE

As two HLS graduates are vying to lead the United States, we asked legal historians on the faculty to reflect on the connections between legal education and leadership

bruce h. mann tomiko brown-nagin

kenneth w. mack ’91 morton horwitz ’67 christine desan annette gordon-reed ’84

12 harvard law bulletin fall 2012

12-40_HLB_Fall_09a.indd 12 9/24/12 11:04 AM <<< LOOKING BACK by professor bruce h. mann

The American Revolution thrust lawyers to the forefront of public discourse >>>TO MOVE FORWARD

A distinguished historian at founding era is our golden age, and remembering the Revolution, he Yale—whose father had been an we cling to it (some—originalists, for ventured that democratic institutions equally distinguished law professor example—more tightly than others), could not be maintained without them. at Harvard—once remarked that despite Randall Jarrell’s caution that Today, it is not just political before the American Revolution, the the problem with golden ages is that questions, but social and economic leading public figures in America the people who live in them complain questions as well, that resolve into legal were ministers who thought about that everything looks yellow. questions. On a wealth of issues from theology, while after the Revolution, In his brief time traveling in the the definition of marriage to financial they were statesmen who thought United States just a few decades regulation and beyond, lawyers are about politics. Most of them were later, Alexis de Tocqueville observed at the forefront, and because they are, lawyers. Lawyers furnished the that law permeated every part of they can influence more than just law. intellectual justifications for American society. He did not think We still teach students to reason from independence before the war, wrote the this a good thing, but it was the role precedent, but not to tie them to the Declaration of Independence during of lawyers that most interested him. past. At our very best, we train them to the war, led the diplomatic missions The tendency of almost every political look backward so that they may learn that cultivated allies and negotiated question to resolve into a legal question to move forward. And when they do peace, made up 34 of the 55 delegates gave lawyers outsized authority, move forward, they can lead. to the Constitutional Convention, and which he feared their common- led the ratification efforts in every law training, with its emphasis on Mann’s books include “Republic of Debtors: state. The Revolution thrust lawyers to tradition and precedent, inclined Bankruptcy in the Age of American Inde- the forefront of public discourse, and them to wield conservatively, even pendence” (Harvard, 2002). they remained there. For lawyers, the anti-democratically. Nonetheless,

Illustration by adam mccauley fall 2012 harvard law bulletin 13

12-40_HLB_Fall_09a.indd 13 9/24/12 11:04 AM by professor tomiko brown-nagin

THE suspect, is that most areas creativity and conviction are of law are less technical present in leaders, but not and more accessible to able necessarily in lawyers. students than professions The success of these such as medicine or leaders also derived in engineering. One cannot part from interpersonal A SOCIAL be admitted to medical intelligence. Marshall loved school without having to engage audiences through completed coursework in storytelling about the black science. By contrast, one can experience, including his PROCESS be admitted to law school own. His interpersonal without any coursework in acumen bore no necessary law or advocacy or any of relationship to his legal the other touchstones of the training, but it influenced legal profession. The same his success as a leader and flexibility pertains to career as a lawyer. These personal options available to law traits helped Marshall as graduates. Many students he sought critical allies consciously pursue careers in community groups, in in law in hopes of acquiring civic organizations and in analytical skills that can be politics. Brandeis not only applied to a wide variety of built alliances with elected problems and used in many officials but also developed fields. connections with labor The lawyer’s training leaders and women-led civic makes the pursuit of careers groups. His ability to form in nonlegal realms feasible, relationships with people but an individual’s talents, from different walks of life personality traits, personal facilitated his political and commitments and social legal objectives. networks, among other Over time, through the factors, influence whether example of lawyers such an attorney can achieve as Brandeis and Marshall, Legal training is matriculating at law school success outside of law or in the law has acquired a enormously helpful to in appreciable numbers to areas of the law that require reputation as a profession anyone who has an interest understand that correlation political leadership. Think well-suited to talented in problem-solving, is not causation when it of Louis Brandeis LL.B. 1877 individuals who wish to especially in the realms of comes to law and leadership. or Thurgood Marshall. They make a social impact. It politics or public policy. Surely there are many shared a sense of mission to oversimplifies the lives and The legal profession also women lawyers who would ameliorate inequality; family work of these men to view has comparative advantages make fine political leaders, and community nurtured legal training as the most over other high-status yet they never contemplate those commitments long likely explanation for their occupations that attract that path because there is before these men studied success. Leadership in any smart, ambitious people little social expectation of law. Brandeis spoke of the realm is more complicated: interested in public life. female political leadership. “opportunity in law”; he Structure, personality, social Leadership in any In fact, there are barriers encouraged attorneys to be networks, comparative profession is a social to it. statesmen, using their social advantages, the zeitgeist and process: The opportunity At the same time, public status and legal training chance all shape a life. for leadership depends, service by lawyers is a well- to tackle socioeconomic in part, on the historical known and an honorable problems. Marshall seized Brown-Nagin is the author of moment and the cultural tradition. The law attracts the opportunity in law and “Courage to Dissent: Atlanta context. Many note the many people who are applied it to the problem and the Long History of the preponderance of lawyers concerned about social, of racial inequality. The Civil Rights Movement” in politics. One need think political, and economic willingness of Brandeis and (Oxford, 2011). She is now at only of the relative dearth problems and who are Marshall to employ new work on a book about civil of women in politics capable of leadership. approaches to advocacy rights lawyer Constance Baker decades after women began Why is that? One answer, I powered their success. Such Motley.

14 harvard law bulletin fall 2012 Illustration by andy martin

12-40_HLB_Fall_09a_r1.indd 14 9/26/12 10:26 AM by professor kenneth w. mack ’91 THE

The history of Harvard Law School has seen a long conversation about the relationship between law school training and public life, and both President Obama PART OF A ’91 and Gov. Romney J.D./M.B.A. ’75 are part of that conversation. In the early 19th century, Joseph Story helped create a national law school that consciously By accident LONG launched its students into careers in law, business, letters, arts and government. and by design, In that era, most lawyers trained for the Harvard Law bar through apprenticeship, and the law has had a CONVERSATION school could carve out a distinctive mission profound for itself in helping to defi ne university- based American legal education. Later, effect on the the pendulum swung back as the modern world beyond Harvard Law School was founded on the the traditional premise that legal training was distinct confines of from other pursuits. In the early 20th century, fi gures such as Roscoe Pound and law practice Felix Frankfurter LL.B. 1906 pushed many students—among them, future NAACP lawyer Charles Hamilton Houston LL.B. ’22 S.J.D. ’23—to search out the connections between legal rules and the larger social, economic and political world. That push helped reform American society—shaping both the New Deal and the civil rights movement. By the time Romney arrived in the 1970s, the school was once again emphasizing the autonomy of law, and Romney, according to my colleague Detlev Vagts ’51, did not immerse himself deeply in that core proj- ect. Romney apparently found the business school more to his liking than law. Obama, most likely, would have also found the law school of the 1970s to be an off-putting place. However, he was lucky enough to arrive in the late 1980s, when courses with names like “Law and Society” and “Rein- venting Democracy” were being offered, re- fl ecting yet another transformation of the school that continues to this day. Both by accident and by design, the law school has had a profound effect on the world beyond the traditional confi nes of law practice, and the 2012 presidential race is one important episode in a much larger journey.

Mack is the author of “Representing the Race: The Creation of the Civil Rights Law- yer” (Harvard, 2012) and co-editor of “The New Black: What Has Changed—and What Has Not—with Race in America” (The New Press, forthcoming in 2013).

Illustration by vivienne flesher fall 2012 harvard law bulletin 15

12-40_HLB_Fall_09a_r1.indd 15 9/26/12 10:26 AM by professor morton horwitz ’67 THE

LAW SCHOOL AND Of the 24 U.S. presidents who served before 1900, THE 18 were lawyers, but only two attended law school CHIEF EXECUTIVE

Does legal training apprenticed, attended law prepare one for the presi- school. Except for President dency? The question is quite (and future Chief Justice) difficult to answer, given the Taft, who returned home very different training most to study at Cincinnati Law lawyers received in the 19th School, the remaining century. The vast major- lawyer presidents attended ity of 19th-century lawyers national law schools: FDR studied for admission to the (Columbia), Nixon (Duke), bar on their own, or under Ford (Yale), Clinton (Yale) the guidance of a mentor, and Obama (Harvard). or as an apprentice to a Can we compare the practicing lawyer. Of the 24 lawyer presidents to the chief executives who served nonlawyers who became before 1900, 18 (75 percent) chief executives? If we con- were lawyers, but only sult one ranking of presi- two, Rutherford B. Hayes dents prepared from polling (Harvard Law School) and academic historians and William McKinley (Albany political scientists, we learn Law School), attended law that three of those ranked school instead of apprentic- in the top 10 (Lincoln, FDR ing. Until President Barack and Jefferson) were lawyers Obama ’91, President Hayes while five of those ranked LL.B. 1845 was the only in the bottom 10 (Buchanan, chief executive to have at- Pierce, Fillmore, Tyler and tended HLS. Nixon) were lawyers. All Since 1900, there has but Nixon became lawyers been a dramatic decline in through apprenticeship. the number of lawyers who ascended to the presidency. Horwitz’s books include “The Of the 19 presidents who Warren Court and the Pursuit have served since the of Justice” (Hill & Wang, 1998) turn of the century, only and “The Transformation of eight (about 42 percent) American Law, 1870-1960: have been lawyers. All The Crisis of Legal Orthodoxy” but Calvin Coolidge, who (Oxford, 1992).

16 harvard law bulletin fall 2012 Illustration by grady mcferrin

12-40_HLB_Fall_09a.indd 16 9/24/12 11:04 AM by professor christine desan THE

History is bursting with examples of design leadership—from 12th- LEADING BY DESIGN century treatise writers to the framers of the Constitution

Institutional design, with examples of different defined during the 12th and conceived themselves to legal architecture, the periods and types. The 13th centuries sent English be actively constructing procedures and processes constitution John Locke commercial practice in a a republic. The blueprint of social justice—all are drafted for South Carolina different direction from they produced changed structures that matter never took effect, but it the commercial practice the course of American enormously. People who advanced ideas about of the Continent. The history. It contained brilliant think about how to build religious liberty to a greater terms of common-law debt insights, like the importance and operate those structures degree and about suffrage on established “nominalism” of popular sovereignty. It have great influence in the basis of lower property in early English exchange, embedded tragic denials shaping our common space. requirements than were a practice of holding of justice, including the They are not always lawyers. then common. In England, valuations constant enslavement of millions of John Locke, for example, Locke worked with lawyers according to the unit of Americans. In that sense, it was trained as a medical like Lord Keeper Somers account used to quote demonstrates the power and doctor. But Locke read much and members of Parliament prices. That constancy in responsibility that can come constitutional theory—we to define both trade and turn influenced economic with leading by design. might even claim him as monetary policy. Their development and the way a self-taught lawyer—and intervention arguably that English elites and Desan’s many articles include he worked closely with produced the international working people bargained “Coin Reconsidered: The Po- lawyers and legislators. Law regime that became the gold over its shape. litical Alchemy of Commodity training teaches people to standard. The final example is the Money,” 11 Theoretical In- think about institutions and For a far earlier example most familiar to us today: quiries in Law 13 (2010) and processes; it can empower of design “leadership” by Many of those framing “From Blood to Profit: The them to lead “by design,” as unsung lawyers, we might the Constitution were Transformation of Value in the it were, design of a future look to the treatise writers lawyers. John Adams, American Constitutional Tra- world. and common-law judges. James Otis, James Madison dition,” 20 Journal of Policy History is bursting The writ of debt that they and Thomas Jefferson History 26 (2008).

Illustration by kotryna zukauskaite fall 2012 harvard law bulletin 17

12-40_HLB_Fall_09a.indd 17 9/24/12 11:04 AM by professor annette gordon-reed ’84 THE

The study of law has always attracted those who desire to exercise leadership LAWYERS

The study of law has always at- tracted individuals who desire to AND exercise leadership and infl uence at all levels of society. That makes sense. Large or small, communi- ties and nations are knit together THE LEADERSHIP CLASS by laws and rules. Whoever understands the workings of the laws—and how to use them—can make a strong case for his or her right to be in the forefront of the leadership class. The well-known ambivalence that many have about lawyers as practitioners does not prevent people from looking to lawyers to lead in a wide variety of venues outside of the courtroom. Lawyers are seen as problem-solvers. Law school is supposed to teach you approach- es to problem-solving, and if one practices—well, you get practice doing that. Learning how to man- age the expectations of people is also a big part of a lawyer’s job. That’s an effective tool if one wants to rise through any ranks. It does not surprise that two individuals who went to law school would vie for the presi- dency. Twenty-six presidents were trained as lawyers, and there were other lawyer candidates who did not make the cut. What is unusual is having two candi- dates who went to the same law school. While others have voiced concerns about this, I have none at all.

Gordon-Reed’s books include “Thomas Jefferson and Sally Hemings: An American Contro- versy” (Virginia, 1997) and “The Hemingses of Monticello: An American Family” (Norton, 2008).

18 harvard law bulletin fall 2012 Illustration by paul blow

12-40_HLB_Fall_09a.indd 18 9/24/12 11:05 AM MBY ELAINE McARDLE OST

This November, for the first time in the history of U.S. Likely presidential elections, both candidates of the major parties are graduates of Harvard Law School. Despite sharp differences in to their politics, President Barack Obama ’91 and his Republican opponent, Mitt Romney J.D./M.B.A. ’75, share the HLS experience, Succeed? though their times at Harvard were separated by nearly 20 years— and in the case of Romney, they included stints on the other side of the river as part of the joint-degree Alumni remember the two presidential candidates as students program that had recently been established with Harvard Business School (see story, Page 32). Very smart, hard-working, decent, likable—many of the words used by their Harvard classmates to describe Obama and Romney are the same. But in other ways, the two are strikingly different, according to friends who knew them when they were students. How did Harvard influence these two extremely driven and successful politicians? Who were

they in school, and how does that UNIVERSITY NEWS OFFICE JOE WRINN/HARVARD BUSINESS SCHOOL ANNUAL REPORT HARVARD compare with the candidates on the world stage today? Their classmates have this to say:

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12-40_HLB_Fall_09a_r1.indd 19 9/26/12 10:27 AM MOST Likely to MittSucceed? Romney HLS YEARBOOK

Modest, sense, even at that young children, unassuming, time, that this was living in the focused, a man you could suburbs— analytical—for trust, who would wasn’t part of the most part, work hard, and the dominant the Romney you yet was fun and counterculture at see today is the straightforward.” HLS at that time, same friendly but Garret classmates say. somewhat formal Rasmussen ’74, a President Nixon guy who, without partner with the was in office, fail, was prepared law firm Orrick, and there was a for class and has Herrington & great deal of anti- made great efforts Sutcliffe, sat next war sentiment to stay in contact to Romney in on campus, with his friends many of their 1L Rasmussen notes. over the past 40 classes. “He was Many students years. very earnest and voiced skepticism Mark Mazo ’74, very excited and about lawyers a partner with the committed to selling out to the global law firm law school, very Establishment. Hogan Lovells, much involved in Romney was not met Romney the classes,” he among them. within days of says. “He had no In contrast to ”There was a sense, starting HLS in objection to the students in army even at that time, that the fall of 1971, Socratic method fatigues and dirty this was a man you and they soon and always made clothes, Romney shared a study an effort, always wasn’t rebelling, could trust.” group of students was prepared, and “some days who were “really was always eager he wore a jacket; smart and to participate in other days, a also serious,” class and answer nice, ironed Mazo says. But questions, and shirt,” recalls Romney had was focused on Rasmussen. other desirable doing well.” Romney has qualities: “He Yet, while been described was a pleasant friendly, by some of his fellow, fun to be Romney— classmates as with. There was a married, with showing little 22

20 harvard law bulletin fall 2012

12-40_HLB_Fall_09a.indd 20 9/24/12 11:05 AM MOST Likely to BarackSucceed? Obama HLS YEARBOOK

While they faculty. While know is going to might not Obama supported be the leader of necessarily have the students, the free world, predicted that and gave a now but, if you went Barack Obama famous speech to our class at would become at a rally in 1991, the time and told president of the “Barack always them somebody United States, his had an insightful, in this class former Harvard reasoned kind is going to be Law classmates, of approach president, and no matter and advice,” told them they their political says Brown. were each allowed persuasions, “Whenever he to write two recognized him as spoke, he left a names (and I say especially gifted, lot of people in it’s two names and describe awe. We knew because everyone him as someone that he was will write their uniformly going to do big own name; after well-liked and things in his life, all, it’s HLS), respected, with an [although] I don’t many, many unusual maturity know how many people would and wisdom of us imagined have picked that made him a he’d become [Obama]. He was “He was always somebody natural leader. president.” always somebody who just had an air Anthony Steven M. who just had Brown ’92, Dettelbach ’91 is an air about about him of being a the lieutenant the U.S. attorney him of being a tremendously special guy.“ governor of for the Northern tremendously Maryland, recalls District of Ohio. special guy.” that HLS in When asked And because the early 1990s today if he Obama was not was a place of thought of Obama full of himself, turbulence with as headed toward Dettelbach student sit- the White House, adds, despite ins and rallies Dettelbach says, the fact that he protesting the “Of course you “succeeded at lack of diversity never think any everything he among HLS real person you did, he was one of 24

fall 2012 harvard law bulletin 21

12-40_HLB_Fall_09a.indd 21 9/24/12 11:05 AM for years.) “It was quite firm based in Conshohocken, Pa., was Mitt Romney a good paper,” Vagts one of a small group of students in the recalls, which focused on joint-degree program with Romney.

M a federal statute that had “The business school had a lot more interest in politics during recently been passed by Congress to influence on Mitt than the law school,” that period. According to protect auto distributors from the Brownstein says. And the HBS case

OST Rasmussen, Romney was then oligopoly of the American auto method—in which students study always very focused on manufacturers. “He wrote about the real cases of businesses facing thorny results: “learning as much statute and speculated about how it problems they are required to try to as he could” and he “wasn’t would be enforced because there was solve—exerted enormous influence on going to be distracted by very little experience then [with the all its students, says Brownstein. “The any of the political noise new law],” Vagts says. “He tried to law school doesn’t teach law, per se; it Likely going on at the time. … It figure out how a court would interpret teaches you how to think … so it’s all to was almost as if he was in a the rules about firing [a distributor], a little theoretical. Business school is different era, in a way, sort having to be in good faith and so on. So very different,” he says. Succeed? of like a Boy Scout. Those it was a fairly technical, and I thought He recognized the HBS emphasis on continued from Boy Scout qualities, he has rather balanced, paper.” He chuckles, pragmatism in Romney’s tenure as a page 20 all of them—trustworthy, and adds, “He didn’t automatically Republican governor in Massachusetts, loyal, courteous, kind— come out for the manufacturers.” where he had to compromise with his everything you want.” Unlike so At HLS, Romney graduated with Democratic colleagues. “That’s exactly many at the time, “he wasn’t critical of honors although he did not serve on what the business school education anything, wasn’t complaining about the Law Review. But at the business would teach you,” Brownstein says. anything. … At law school, he did school he excelled, becoming a Baker “The last thing it would teach you is everything politely,” Rasmussen says, Scholar, a prestigious academic honor to polarize and be extreme. That won’t so today’s “negative campaigning is reserved for the top 5 percent of get anything done. It’ll keep you pure surprising [and] out of character, but but won’t get anything done. that may be beyond his control a little So it doesn’t surprise me bit.” that parts of the Republican In the fall of 1972, after his first year Party have such a problem of law school, Romney matriculated at “If [Romney] was going with him because he’s really the business school as part of the joint- to be 100 percent prepared, not one of them. It wouldn’t degree program, which included only surprise me, if he’s elected, a handful of students. HLS Professor he expected everyone else that he immediately tells Detlev F. Vagts ’51 headed the program to be, too.” some in his party to pipe and says he got to know the J.D./M.B.A. down, and reaches across students better than most law students. students. The fact that he was one of the aisle to get things done.” Joint-degree students pass two the smartest students in class became Mazo stresses his friend’s genuine different admissions processes, with apparent only gradually, says Janice decency. “A lot of people in law school the business school placing “a great Stewart M.B.A. ’74, since Romney— and business school, you meet them, deal more emphasis on background unlike some others—was “a bit modest and you get the impression they’re experience, personality and numerical about his gifts.” kind of looking over their shoulder, competence,” Vagts says, while the law Romney’s dedication stood out, [thinking], Who else here can help school focused primarily on academic even within a group of very serious me in my future? Mitt absolutely was record. students. “I can tell you there was not like that.” Mazo worries that the Vagts describes Romney as never a time we got together when warmth of Romney’s personality “pleasant, a little formal. People in the he was not prepared,” says Howard doesn’t come across via mass media: joint program tend to fall on one side Serkin M.B.A. ’74, an investment “He looks programmed, and that’s or the other. … You could tell he was banker in Jacksonville, Fla., who was in not him. He looks like he’s speaking bottom-line business-oriented.” Romney’s core study group. Serkin also from PowerPoints, which reflects an Vagts had the most contact with emphasizes that Romney “wouldn’t cut intellectual discipline, which he has, Romney through a seminar he taught anyone else any slack. If he was going but that’s not him as a human being.” for joint-program students, in which to be 100 percent prepared, he expected Indeed, despite the intense demands Romney wrote a paper about the everyone else to be, too, and he was not of his professional life, Romney has automobile industry. (Romney’s father bashful about saying that, in a polite made real efforts to join his former had been president of American but forceful way.” HBS study group at their five-year Motors Corp. and was chief spokesman Howard Brownstein J.D./M.B.A. reunions. He once stopped in Boston for the auto manufacturing industry ’75, president of a crisis management for a dinner with the study group

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12-40_HLB_Fall_09a_r1.indd 22 9/26/12 10:27 AM HARVARD BUSINESS SCHOOL ANNUAL REPORT HARVARD

Mitt Romney with two of his sons and his wife, Ann, in 1973, while he was a student in the Harvard J.D./M.B.A. program

members at one of their favorite had a Camp David logo, Mazo kidded Romney was “clearly devoted” to Boston restaurants on his journey Romney, who was clearly embarrassed, his wife, Ann, says Mazo, who recalls from Utah to Athens, Greece, when Mazo recalls. But when Rasmussen a dinner at the couple’s Belmont he was heading up the U.S. Olympic worked with Romney on a housing home where they discussed Romney’s Committee prior to the 2002 winter law project at HLS, he remembers two years of mandatory missionary games. “A lot of people get to that level that Romney didn’t hesitate to call his work, which he spent in the working- of prominence and blow their friends father to get some useful statistics. class suburbs of Paris. Mazo asked off, but Mitt Romney doesn’t,” Serkin “That shows his level of commitment. Ann Romney if it was difficult being says. “It was a huge effort to change He really wanted to do well,” separated, and she told of getting his plans,” he says, “but it didn’t take Rasmussen says. special permission from the church to much convincing.” But Romney’s family and church see Romney in Paris. Because romantic Romney never spoke of his were even more important to him than liaisons were forbidden during the privileged background nor bragged school, although he never pushed missions, “she had to see him from of his famous father, George Romney, his religion on anyone, classmates afar, at an airport,” Mazo recalls. “She the former governor of Michigan say. Mazo, who is Jewish, remembers was looking at him from 100 yards and secretary of Housing and Urban a long lunch conversation in the away, and he was looking at her from Development in Nixon’s Cabinet. “He Harkness Commons in which he asked 100 yards away. It was a wonderful was one of the guys,” says Ron Naples Romney probing questions about the feeling, she said—such an intimate M.B.A. ’74, another member of the Mormon church and got “good, serious, feeling although they couldn’t touch, study group. “No one deferred to him, thoughtful responses.” At the end of embrace, hold hands,” says Mazo. “I nor did he expect special treatment.” the conversation, Mazo recalls, “he remember thinking that was one of the Romney once grabbed a jacket from said in a most kindly way, ‘Mark, if you most romantic things I’d ever heard. his closet to walk Mazo and his then really want to know more about the The image I had was the Humphrey fiancée to their car after dinner at religion, I’d be glad to talk to you about Bogart-Ingrid Bergman scene on the the Romneys’ home, and, noticing it it.’ But he was not going to proselytize.” runway in ‘Casablanca.’”

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12-40_HLB_Fall_09a.indd 23 9/24/12 11:05 AM negative moment him as a person.” As for what he Barack Obama into one that sees in President Obama, he says, “I everyone could feel think the low-key, mediator style, the

M good about.” deliberativeness, the way he seems those people, even with all Brad Berenson ’91, a partner at to run his White House staff—those his success, where you still Sidley Austin in Washington, D.C., all feel familiar.” However, he says,

OST rooted for the guy.” recalls Obama being elected as “the high level of partisanship is not HLS Professor Kenneth president of the Law Review because familiar, is distinctly different. The W. Mack ’91 saw Obama conservative students threw their themes he ran on in 2008, in which he almost every day for the support Obama’s way once it was clear portrayed himself as more of a post- three years of law school a conservative candidate would not be partisan figure—that felt more familiar because they were in the elected. The conservatives saw Obama and felt truer to the person he seemed Likely same 1L section and served as more mature than other liberal like during the Law Review years.” to together on the Law Review candidates—a “safer, more trustworthy Anthony Brown has a photograph for two years. He remembers choice, a more natural leader. The of Obama and other students sitting Succeed? his first impression of the conservatives also felt he was in the common room of an off-campus continued from “tall, African-American politically open-minded in a way others residence hall, relaxing and talking, page 21 guy” from Chicago “with an were not,” Berenson says. And, in as they often did. Always welcoming odd-sounding name.” Says Berenson’s opinion, they were right. “I and warm, Obama was never “a self- Mack: “He seemed a bit older and a bit thought he ran Law Review very well,” promoting person,” Brown recalls, wiser than the rest of us. He was a very, he says. “He led the group in putting adding, “He wasn’t the guy that had to very impressive and singular person, out a quality volume that year, and he be the smartest in the room—although almost from the time you met him— was relatively even-handed, politically he was.” very popular and well-respected in the speaking. He did not discriminate Jason Adkins ’91, a plaintiff’s section.” against political conservatives as some attorney in Boston and one of the When Obama was called on in class, student leaders of the Mack says, “He did very well. It’s a diversity protests, says hackneyed expression, but true, that participation by Obama— when Barack spoke, people listened. who had just been elected He had a quality that was different On the basketball court, the first African-American than other students; he always said Obama stepped in when president of the Harvard something that was different and tempers flared, but he would Law Review—was key, usually more considered. … A lot of especially when he spoke people in class were very sharp and also “bump elbows.” at the 1991 rally, at which could argue about the doctrine and HLS Professor Derrick Bell the case, but Barack always thought of the more liberal editors would have famously announced he was taking in broader terms, thought of the liked him to, so I and others among the an unpaid leave of absence to protest implications of what we were talking conservatives appreciated that. He also the lack of diversity on the faculty. “It about in the larger world. That was one formed personal relationships with a lent credibility to the effort because reason people really listened to him.” number of conservatives, which was he was president of the Law Review, Mack’s strongest impression of something the far-left editors were and it showed it was a cross-campus Obama involved a visiting professor more loath to do.” concern.” who was deemed paternalistic by many Mack agrees with that characteriza- David Deakin ’91, assistant district in the class and who seemed to have tion. “On Law Review we argued, very attorney and chief of the Suffolk little affection for the students. It was vociferously, on the personal and the County (Mass.) DA’s Family Protection customary before the December break political, and people didn’t like each and Sexual Assault Bureau, played to present 1L professors with a holiday other. [Obama] was one of the few pickup basketball with Obama during gift, but students were stymied on what people who was above all that. … Ev- lunchtime. “He’s an outstanding to do in this case. “I don’t know who erybody understood he was a liberal,” basketball player, he’s very good, he’s decided Barack should give the gift, but Mack says, “but everyone thought they very competitive about it,” says Deakin. Barack did it, and did it in a very warm could talk to him, and he would listen, “At the same time, he was always the way,” Mack recalls. “He expressed such and there would be places he could find one who would step in when tempers regard for this professor, regard in the common ground with you.” flared and remind people that this was respect we had for him as a professor, Berenson says he always liked a pickup game and not the NBA.” Still, without downplaying the tension in Obama on a personal level and says Deakin, “sometimes he would the room. He turned what could have always respected his abilities: “I have bump elbows.” been a really awkward and somewhat nothing but nice things to say about Mack also has a memory of Obama

24 harvard law bulletin fall 2012

12-40_HLB_Fall_09a.indd 24 9/24/12 11:05 AM Barack Obama in 1990, the year he was elected president of the Harvard Law Review HARVARD UNIVERSITY NEWS OFFICE HARVARD

on the hoops court. “In the intramural Jordan out there with a college team. says. “His response was, ‘I’m going to league at the law school, there was an You could see it kinda in his body Mexico to write my autobiography.’ A league and a B league, and the Law language: ‘I don’t belong out here with And I chuckled, and think I said Review’s team “was on the B league, of these guys.’” something like, ‘You’re kidding me, course,” says Mack, laughing. For the Adkins recalls running into Obama right? You think you’ve got something first game (and the first game only), near Austin Hall around the time they to say at 30, 31?’ He said, ‘Yeah, I think I Mack recalls Obama played on the were graduating. “I said, ‘What are do,’ and off he went. And sure enough, Law Review team: “It was like Michael you doing for the summer?’” Adkins he had plenty to say.” P

fall 2012 harvard law bulletin 25

12-40_HLB_Fall_09a.indd 25 9/24/12 11:05 AM EXIT interview Barney Frank

BY DAVID McKAY WILSON

bulletin: What will you miss most? based on unrealistic fears. By getting ence in federal elections. frank: I’ll miss the chance to influence part of what you want, it’s easier to It’s a threat to democracy of the worst public policy in a very direct way. point out the opposition’s baseless sort. We have two systems—an eco- What will you be doing? fears. Medicare was unpopular when it nomic system, which is based on in- I’m going to be a public-policy advo- was enacted in the 1960s. equality, and a political system, which cate. I’ll give lectures and try to run my How did Harvard Law prepare you for is based on equality. Citizens United mouth for money. I hope to teach and elective offi ce? allowed the inequality of the economic have a university affiliation. I’ll also I started law school at age 34, after system to overwhelm the political write a book or two, and do TV com- working three years in the Boston may- system. mentary. or’s office and winning election to the You’ve been known as someone who can You are immortalized in the Dodd-Frank state Legislature. As a legislator, you make things happen outside of the legis- Wall Street Reform and Consumer make laws, write laws and interpret lative process, through the power of your Protection Act, which brought the most laws, so law school gives you a basis offi ce. Housing groups like you. signifi cant changes to fi nancial regula- for going forward. People tend to un- I’ve intervened for people whose work tion in decades. Are you pleased with its derestimate the substantive part of law I support. I turn down requests, and I implementation? school. It teaches you the fundamental don’t ask the bureaucracy to do the un- The Obama administration is doing its principles of laws, and the logic behind doable. The kind of support I’ve given best, but the Republicans have been them, so then you can better under- is an argument against term limits be- cutting funding, and we hadn’t an- stand how to extend them, or not. cause you get better at doing it. If you ticipated it would be underfunded so You have remained one of the lone voices have term limits, the only people with badly, so that has caused a slowdown. in Congress against the continuing rise experience will be those in the execu- But the Consumer Financial Protection in military spending. Why has Congress tive branch. Bureau is moving ahead. With deriva- been so reluctant to cut? As chair of the Financial Services Com- tives regulation in the law, we have two There has been a cultural lag. For 50 mittee, you became quite involved in separate entities, but there was no way years, we were afraid of heavily armed regulating fi nancial markets. around that. people, like Hitler and Stalin. We were I didn’t come to the committee to do Politics is the art of compromise. You spending excessively to counter the that, and I can’t wait to stop doing it. I often advise advocates that it’s better to Soviet threat, and I understood it. But keep getting this song in my head from take half a loaf than hold out for the full in the last 22 years, there hasn’t been a my days in community activism: “Ain’t loaf. similar threat to our existence. There is gonna study derivatives no more.” I You do the best you can, and then you the terrorist threat, but it is not an exis- went there to work on housing and in- can come back and get more. That has tential threat. While the terrorists are a ternational monetary issues, and then been true with gay rights and health group of murderous thugs, they are not the economy collapsed. care, where you have opposition that’s armed with a nuclear missile. The time In 1987, you were the fi rst member of is ripe for a reversal. Congress to voluntarily declare your What has changed? sexual orientation. We’ve sure come a THE NEXT Military spending was always seen as long way. GENERATION a good thing that didn’t come at a cost. The evolution has been extraordinary. Joseph P. Kennedy III ’09 is Today, with our national debt situation, There’s still prejudice, but we are on the Democratic military spending is a zero-sum game. the verge of having full legal equality in contender You still have conservatives, though, 10 years. There will still be some states for the Mass- who don’t believe in government where you can’t marry, but I predict achusetts spending but become quite Keynesian there will be full federal rights. congressional seat being when it comes to weapons. How is married life? vacated by You’ve been critical of the U.S. Supreme It’s nice. Life really hasn’t changed day Barney Frank. Court’s Citizens United decision, which to day, but I still feel that afterglow P BOSTON GLOBE VIA GETTY IMAGES BOSTON GLOBE unleashed the power of corporate infl u- from the ceremony.

26 harvard law bulletin fall 2012 Photograph by asia kepka

12-40_HLB_Fall_09a.indd 26 9/24/12 11:05 AM U.S. Rep. Barney Frank ’77 (D-Mass.) will retire from the U.S. Congress in December after 32 years in Washington, where he earned a reputation as one of Congress’s most progressive members on civil rights, military spending and financial regulation. The Harvard Law Bulletin caught up with Frank in mid- July—not long after his marriage to Jim Ready—as he fought to cut military spending by $1.1 billion in a budget amendment he’d co-sponsored.

fall 2012 harvard law bulletin 27

12-40_HLB_Fall_09a.indd 27 9/24/12 11:05 AM Cruz is former Texas solicitor general and his state’s GOP Senate hopeful.

CARRYING the Tea Party Banner

U.S. Senate candidate Ted Cruz calls for a “return to the framers’ vision of a constitutionally limited government”

BY DAVID McKAY WILSON

When he announced his November. In late August, said Cruz, 41, who leads U.S. Supreme Court Chief candidacy for the U.S. as he prepared to fly to the U.S. Supreme Court Justice William Rehnquist. Senate in January 2011, the Republican National and appellate litigation He served as director of the Ted Cruz ’95 recalls, only Convention, Cruz reflected practice at Morgan, Lewis Federal Trade Commission’s 2 percent of respondents on his political journey, and & Bockius in Houston. Office of Policy Planning supported him in a Texas his emergence as a national “Millions of Americans are and associate deputy poll that had a 3 percentage- leader in the conservative saying, ‘Enough already.’ attorney general in the point margin of error. Tea Party movement’s bid to It’s a message that resonated U.S. Department of Justice Eighteen months shrink the size and power of powerfully in Texas among before becoming Texas’ first later, Cruz upset GOP the federal government. the Tea Party, Republican Hispanic solicitor general in establishment candidate Lt. “We are seeing a great women and grassroots 2003. Gov. David Dewhurst in a awakening, all across the activists.” Cruz has carried the runoff primary election on country, because career A founding general editor conservative banner, July 31, and he will oppose politicians have spent us to of the Harvard Latino Law seeking to restrict abortion Democrat Paul Sadler in the verge of bankruptcy,” Review, Cruz clerked for rights, bolster the rights

28 harvard law bulletin fall 2012

12-40_HLB_Fall_09a_r1.indd 28 9/26/12 12:24 PM of gun owners, resist While Texas voters have “This case raised founda- made repeal of President what conservatives see as recently come to know Cruz, tional structural issues con- Obama’s federal health encroachments on religious his prominence in national cerning the Constitution—in care reform one of his top freedom and defeat gay legal circles has been particular, the separation of priorities. marriage. growing for several years. powers, and restraints on He sees Obamacare as At Harvard Law School, He has delivered nine oral unchecked executive author- a prime example of federal Cruz was a research arguments before the U.S. ity,” Cruz said. President government intrusion into assistant for Professor Supreme Court, winning George W. Bush had issued the lives of Americans and David Shapiro ’57, who several of those cases, a memorandum, telling state the institutions that serve was writing a book on which included courts to comply them, noting the law’s at- federalism (the topic of preserving the with a related tempt to order Catholic For a list of other Cruz’s undergraduate thesis words “under World Court rul- charities and hospitals to HLS alumni running at Princeton). In 2007, when God” in the Pledge for offi ce in Novem- ing. “The ques- violate their religious tenets Cruz returned to HLS for of Allegiance; ber, go to http://bit. tion was whether and pay for employee con- a moot court exercise to allowing a statue ly/HLSCongress. the president of traception. Cruz, who has prepare for an upcoming commemorating the United States served as a senior fellow argument in the U.S. the Ten Commandments to could order a state court to at the Texas Public Policy Supreme Court, Shapiro was stand at the Texas Capitol; obey the World Court. The Foundation’s Center for on the panel. and rejecting International Supreme Court agreed with Tenth Amendment Studies, “We gave him a hard Court of Justice jurisdiction Texas.” has proposed that states time, and he did very well,” in the case of a Mexican on Cruz’s brief in the Pledge create interstate health care said Shapiro. “I remember death row in Texas. of Allegiance case found compacts, which could him as a personable, bright In the latter case, Medellin support from attorneys pre-empt the federal guy. I knew he was more to v. Texas, the inmate argued general in all 50 states, while program, if authorized by the right than I am, and he that his conviction and his amicus brief defending Congress. has moved further to right sentence were procedurally the federal partial-birth “We need to return to since then.” flawed because he had been abortion ban represented 13 the framers’ vision of a Cruz often tells the story denied the assistance of the states. constitutionally limited of his father’s immigration Mexican consulate—assis- He now wants to federal government,” to the United States as a way tance which is guaranteed become a member of the he said. “Unchecked to put flesh on his vision for under the Vienna Conven- conservative wing of the government power always a reduced role for the federal tion. Senate Republicans. He has threatens liberty.” P government. His father was 18 in 1957 when he left Cuba with $100 sewn into his underwear. “He had nothing, didn’t speak a word of English,”

said Cruz. “Thank God some PHOTOGRAPHS: MCT VIA GETTY IMAGES well-meaning politician didn’t come and say, ‘Let me take care of you; let me give you a government check and make you dependent on the federal government, and while I’m at it, don’t bother to learn English.’ That would have been the most destructive thing. Instead, he worked seven days a week, washing dishes, to put

himself through the Univer- Cruz with his wife, sity of Texas, and eventually Heidi, at the Texas Re- publican convention start a small business.”

fall 2012 harvard law bulletin 29

12-40_HLB_Fall_09a_r1.indd 29 9/26/12 12:24 PM Joe Kearns30 harvard Goodwin ’13 law bulletin fall 2012

12-40_HLB_Fall_09a.indd 30 9/24/12 11:05 AM place for their first event—so SUMMER the candidate and volunteers can work at the store and learn about its mission to improve the lives and skills A run for of the at-risk youth who Elective run the business. Goodwin; state office his wife, Victoria Bonney; by a student and about 30 volunteers On a Saturday in mid- committed describes how he grew up and campaign workers sort July, HLS student Joe Kearns in a family that lived and through the hundreds of books Goodwin ’13 wakes up at 4:30 to public breathed politics: His father, they’ve collected for the store, a.m. thinking about the day service Richard Goodwin ’58, worked designating them for sale or ahead. (In April, when he in the Kennedy and Johnson recycle. first decided to run to be the administrations; his mother, Khazei first got a sense of state senator representing by katie Doris Kearns Goodwin, is Goodwin and his work when Massachusetts’ 3rd Middlesex bacon a presidential historian. Goodwin was chief of staff District, after the incumbent “Growing up in a family like for the campaign of Stephen announced her retirement, and mine,” he says, “it’s hard not to Pagliuca, one of Khazei’s rivals before he’d hired a campaign feel that a life in public service in the runoff for Edward manager, he used to wake up an is as vital as a life could be.” Kennedy’s Senate seat. When hour and a half earlier.) Still, he says, it wasn’t until he Khazei heard Goodwin was The campaigning begins at started law school that he got running for state Senate, he 8 a.m. with one of Goodwin’s the idea of running for office. approached him to ask how he Cup O’ Joe events, in a café in “So many of the cases could help. “When someone Waltham. Potential voters stop I’ve read at law school are like him comes along, you’ve by for coffee and a chat with focused on state legislation got to get behind him,” says the candidate. One person and the ripple effect it can Khazei. “He’s passionate, he worries about the future of have on other sectors of cares about the right things, nearby Hanscom Air Force society. Everything at the and I admire that he put his life Base. Another wants to know federal level is so gummed on the line.” Goodwin’s thoughts on how up; many of the things we The candidate has several to push towns and states to need to accomplish are going events ahead before ending mitigate climate change. A to have to happen at the state his day, almost 18 hours third, a former teacher, is level,” he says. For Goodwin, after it began. Goodwin calls concerned about the lack of issues central to his campaign campaigning “an exhausting adequate teacher training in include improving the public but energizing process. You the schools. For Goodwin, it’s a education system (from pre-K can see why this process chance for real back-and-forth to college-level and beyond) is important as a forge to conversation, not a soliloquy, and reforming the revenue make people into effective though in each case he ties system for municipalities. He is legislators—the more you get his answer in with his own also concerned about making out there, the more you’re experience—serving in Iraq it easier for veterans to access able to understand different and Afghanistan after 9/11, the military benefits they’ve perspectives on the issues.” working for General Electric earned. in their renewable energy Later in the day, Goodwin Coda: As the Bulletin went to division and observing his meets up with Alan Khazei ’87, press in September, Goodwin brother’s work as a teacher at former U.S. Senate candidate, lost the Democratic primary by Concord-Carlisle public high at a local nonprofit called 300 votes. That week, law school school, which Goodwin himself More Than Words. Khazei, classes were “the 50-meter target,” attended. founder of City Year and Be he said. But “looking ahead,” he In his campaign office—a the Change, has just endorsed added, “I know I want to stay storefront right next to the Goodwin’s campaign and he’s involved in the governmental Waltham café—Goodwin picked the bookstore as the process.”P

Photograph by kathleen dooher fall 2012 harvard law bulletin 31

12-40_HLB_Fall_09a.indd 31 9/24/12 11:05 AM JOINTLY

32 harvard law bulletin fall 2012 Illustration by keith negley

12-40_HLB_Fall_09a.indd 32 9/24/12 11:05 AM A Harvard program immerses students in legal and business training by jeri zeder HELD

Gerald Storch J.D./M.B.A. ’82 was barely into his first semester But for some, the idea of a joint de- of law school when he realized that, for him, something was gree took some getting used to. Jay W. missing. Storch had majored in government and economics Lorsch, professor of human relations at at Harvard College, and he sensed that the court cases he and the Business School, is now an enthu- his classmates were studying had economic underpinnings siastic co-teacher with Law School fac- ulty of courses geared toward both J.D. that were being left largely unexplored. “I started thinking it and M.B.A. students, but in the early would be very helpful to being a good lawyer to make sure that days of the J.D./M.B.A. program, he I understood the complete economic and business background wondered whether students were just behind matters that were brought forth,” Storch recalls. So, he hedging their bets. “As I got more expe- decided to enroll in the joint J.D./M.B.A. program, which would rience working with these students and give him degrees from both Harvard Law School and Harvard thought about it more, I realized there is a role for people who understand Business School. both the law and business,” he says. Lorsch approves of interdisciplinary Today, Storch is chair and CEO of vestment banker Bruce Wasserstein education in general. “The more we Toys “R” Us, a Fortune 200 company. J.D./M.B.A. ’71. work together as a university to help He says that his ability to think like a In 1969, when Harvard Law School young people to broaden their profes- lawyer and also like a businessman has Dean Derek Bok ’54 initiated a joint- sional backgrounds,” he says, “I think served him throughout his career. He degree program with Harvard Busi- the better it is.” describes it this way: Roughly speak- ness School, there were no other joint The program’s current director, ing, he deeply analyzes problems with programs available at Harvard. Today Professor of Law and Business Guhan his legal side, and he acts decisively there are about 20, about a quarter of Subramanian J.D./M.B.A. ’98, is him- on facts, instinct, and judgment with them involving HLS. (See sidebar, Page self a graduate of the joint program, his business side. “Analytically, I be- 34.) and the first person to hold tenured lieve that you tend to dig in and hone According to Professor Emeritus faculty positions at both Harvard in more deeply because of the legal Detlev F. Vagts ’51, who ran the pro- schools. “I think that part of my joint background than you would with just a gram from its inception until 2005, the appointment was about building better business background,” he says. impetus for the joint J.D./M.B.A. pro- bridges between Harvard Law School Since the joint J.D./M.B.A. pro- gram was to draw the Law School clos- and Harvard Business School,” he says. gram’s creation 43 years ago, about 450 er to the University, and to help keep Those bridges span not only the people in the world have participated, the Law School grounded in real-world Charles River, which separates the two presidential candidate Mitt Romney issues. There was also a growing sense campuses, but two distinct method- J.D./M.B.A. ’75 among them. Others that, in an increasingly complex world, ologies. Painting with a broad brush, include criminal defense attorney Ted many important issues implicated both Subramanian describes the Law School Wells J.D./M.B.A. ’76 and the late in- law and business questions. as teaching analytical rigor, and the

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12-40_HLB_Fall_09a_r1.indd 33 9/26/12 10:28 AM Business School as teaching judgment. THE J.D./M.B.A. PROGRAM IN A NUTSHELL However, says Subramanian, who teaches negotiations and corporate Whereas it takes three years to get a J.D. and two years to get an HLS law at HLS and courses on corporate M.B.A., it takes four years to graduate with the joint degree. Stu- deal-making and corporate governance dents must apply separately to HLS and HBS and then, if accepted at at HBS, that distinction has always both, apply to the program. In the first two years, students consecu- tively complete the first full year of law school and the first full year been blurry, and gets blurrier all the

of business school—the order doesn’t matter—and then take a mix of R time. “What I think is interesting is courses from both schools in the final two years. Two seminars are that the two schools are converging,” geared specifically toward the J.D./M.B.A. students. One occurs dur- R ing the first two years to foster early interdisciplinary integration, he says. “Judgment is an elusive thing, and the other is meant to be a capstone experience for third- and but Harvard Law School is grappling fourth-year students. The seminars pull together law and business with how to teach it effectively, and the concepts from across the two schools and engage students in issues faced by corporate and organizational leaders. In one recent session, Business School is moving toward ana- for example, Massachusetts Department of Transportation Secretary HBS lytical methods in some of its course- Richard Davey discussed with 10 first- and second-year students the work.” Each school, he says, is drawing challenges and opportunities that he faces in his efforts to “reinvent” the Registry of Motor Vehicles. on the best of the other’s methods. For students, having feet in both schools means experiencing distinct academic cultures and approaches. business challenges that real-world ex- as the 126th president of the Harvard Most famously, each school has its own ecutives might face. Other differences: Law Review. “You have to be thought- version of the “case method.” At HLS, HLS students tend to be younger than ful about what classes you take, how that means delving into appellate court HBS students; HBS heavily emphasizes you focus academically, how you focus career development, pro- extracurricularly, how you spend your fessional networking and time. There’s a lot of choice.” social cohesion, whereas Graduates report that there is no HLS emphasizes academic- job that requires a J.D./M.B.A. But the oriented extracurriculars degree seems to prepare them to tackle The J.D./M.B.A. degree prepares (law reviews, for example) almost anything they set their sights and experiential learning on. Alumni have found homes in non- alumni to tackle almost anything opportunities. The schools profits, labor unions, corporate law, they set their sights on. are similar, however, in the banking and investment, private equi- enormous wealth of their ty, and more. “People have done a range cases with the strong guiding hand of offerings. “The J.D./M.B.A. program of things with the degrees, including a Socratic professor. At HBS, it means puts into very sharp relief the question, academics, which is, I think, testimony student-dominated class discussions of What do you want to do?” says Conor to the value of the joint program,” case studies—realistic descriptions of Tochilin J.D./M.B.A. ’13, who is serving says Professor of Law Howell Jackson J.D./M.B.A. ’82. Damon Silvers J.D./M.B.A. ’96 has made his career as a lawyer. He is the policy director and special counsel at the AFL-CIO and special assistant at- torney general of New York (pro bono). He has also been, among other things, school of public kennedy graduate school graduate school of health school of design arts and sciences deputy chair of the Congressional Oversight Panel for TARP, member of the SEC’s investor advisory committee INTERDISCIPLINARY STUDY AT HLS and the labor movement’s chief labor lawyer during the Florida recount in Since initiating the joint J.D./M.B.A., HLS has formed interdisciplinary programs 2000. The degree’s value to him? “In with the School of Public Health; in public policy and in public administration in my career, when I’ve been presented international development with the Kennedy School; and in urban planning with with legal problems, I’ve had a sense the Graduate School of Design. The Law School also offers a degree program allow- ing J.D. students to earn Ph.D.s through the Graduate School of Arts and Sciences. of what business thinking might have Another program lets J.D. students earn degrees from other graduate schools, both produced them. And when I look at a at Harvard and elsewhere. business problem, I think about what

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12-40_HLB_Fall_09a.indd 34 9/24/12 11:05 AM INTERDISCIPLINARY COLLABORATIONS ON THE RISE are the legal consequences of this be- havior,” he says. “I think if you talk to Since the founding of the joint J.D./M.B.A. program 43 years ago, the boundaries people who have worked with me over between Harvard Law School and Harvard Business School have grown more po- the past 15 years, they’ll say that’s what rous. Evidence of this is visible in the growing number of courses co-taught by HLS and HBS faculty, in the rise of cross-school course registration by HLS and HBS I do.” students, and in the proliferation of HLS/HBS co-sponsored symposia, conferences, Iris Chen J.D./M.B.A. ’02 works in and other events. Guhan Subramanian J.D./M.B.A. ’98 and Mihir Desai (Harvard the nonprofit sector. She’s president M.B.A. [1993] and Ph.D. [1998] in political economy) hold tenured faculty positions at both schools. and CEO of the “I Have a Dream” Foun- It is also evident in the growth at Harvard in law-and-business scholarship, dation, which helps students in low- which often involves cross-school faculty collaborations. income communities enter and com- One example is the research Subramanian is doing with HBS Professors Bo Becker and Daniel Bergstresser on the subject of “shareholder proxy access,” a hot plete college. She had always wanted to topic in corporate governance. Proxy access gives shareholders the right to put their study law. After working at Teach For own candidates on a company’s proxy statement. The question is, Is that a good America in a management role shortly idea? Traditional legal scholarship typically employs qualitative analysis to address the issue. Subramanian, Becker and Bergstresser, in contrast, use econometric after graduating from college, she models to gather evidence about proxy access and its economic impact. Relying added the M.B.A. because she wanted on an example from the securities markets, they estimate that on average, proxy to bring best business practices to the access creates approximately $80 billion of wealth among the S&P 500 companies. Their findings have been featured in The Wall Street Journal, The New York Times, world of nonprofits and education: The Huffington Post, and other mainstream outlets, and are getting notice from “It leads to greater options, greater shareholder activists who are gearing up for the 2013 proxy season. The research, possibilities and smarter solutions.” which will appear in The Journal of Law and Economics and in the Harvard Business Law Review, not only brings important new information to legal and She feels that her background in both business analysts, but has also yielded methodological improvements in financial disciplines enhances her ability to con- analysis—outcomes that advance the study of both law and business. nect with a broad range of people and The connections between HLS and HBS are part of the larger phenomenon of interdisciplinary work all over campus. And interdisciplinary scholarship is likely organizations. The joint degree has also to grow as holders of dual and joint degrees continue to enter academia. Expect proved to be a useful “brand.” “The to see more of that at Harvard Law: “There is definitely an increasing presence of J.D./M.B.A. serves as a great stamp,” faculty members doing interdisciplinary work, and dual degrees are common,” says HLS Dean Martha Minow. Chen says. “People don’t think you’re a softy. It overcomes whatever stereo- types people have about nonprofits.” Roy Ben-Dor J.D./M.B.A. ’11, an ’84, Citi’s global head of corporate and in 1988. He says, “It takes an unusual associate with the global private eq- investment banking, contends that sort of person to be qualified for the uity investment firm Warburg Pin- holding a J.D./M.B.A. from Harvard J.D./M.B.A. program, and it takes an cus, matches Chen’s enthusiasm for will always put you ahead. “I don’t unusual sort of person to want to do the program, where he says he “met think there’s ever a disadvantage to it.” Toss those people together in an great people and [worked] with great being exposed to the best in the world intensive, stressful, shared experience; professors,” but has had a different of academics. This program gives you take into account that by year four, all experience with how the credential is that exposure,” he says. “It will always the regular business and law students received. Ben-Dor found that the law distinguish those who have done it.” they’ve known have graduated; and firms he interviewed with unhesitat- His own J.D./M.B.A. education has they are bound to be close. ingly welcomed the M.B.A. In contrast, given him “a larger mainframe” to Asked what kind of student would prospective business employers would access, he says. And for McGuire, an- benefit most from the J.D./M.B.A., question why he went to law school other benefit has been the camaraderie Gerald Storch, the Toys “R” Us CEO, and how his legal education was rel- that develops when a small group of says that the best candidate is some- evant to the job he was seeking. They students go through the rigors of a spe- one who loves learning, has a flexible also wondered about the degree’s cial program together. “There is a bond mindset, and looks positively on the comparative value: “For most busi- that is created as a result of the experi- disparate cultures and approaches ness employers, and certainly for the ence,” he says. of the Law School and the Business subset I interviewed with, there tend That bond develops at least in School. “The only other thing I would to be targeted types of backgrounds. part because of the nature of the joint say,” Storch advises, recalling the win- Generally speaking, J.D./M.B.A.s will J.D./M.B.A. program, and is nurtured tery walk between the two campuses, have sacrificed on some portion of that well beyond graduation. Lawrence E. “is get a very good coat. I remember background in order to obtain the J.D.,” Golub J.D./M.B.A. ’83, CEO of Golub freezing as that wind whipped down Ben-Dor says. Capital, heads the Harvard J.D.-M.B.A. the frozen Charles and I’d think, I Raymond J. McGuire J.D./M.B.A. Alumni Association, which he founded should have brought a hat.” P

fall 2012 harvard law bulletin 35

12-40_HLB_Fall_09a.indd 35 9/24/12 11:05 AM A QUESTION OF

It started off with an insult: A French adventurer, stand- ing in the streets of Philadel- phia, called the ambassador of France a nasty name. And perhaps if it had ended there, the Alien Tort Statute might ACCOUNTABILITY never have come to be. But language was not enough for the Chevalier de Longchamps, who was nursing a grudge. He lunged toward the ambassador. He hit the ambassador’s cane with his own. And in assaulting a for- In a Supreme eign ambassador, Longchamps Court committed a violation of the law of nations. case, the It was 1784. The incident International in Philadelphia drew interna- tional attention; then condem- Human nation; then ridicule, as the Rights Clinic Continental Congress lacked the power to take meaningful argues that action in response. the Alien Five years later, as part of the First Judiciary Act, the Tort Statute founders sent a strong mes- applies to sage with what they called the Alien Tort Statute: “The dis- corporations trict courts shall have original jurisdiction of any civil action by cara by an alien for a tort only, com- solomon mitted in violation of the law of nations or a treaty of the United States.” It was an important ges- ture to the international com- munity—a symbol of solidar- ity, historians would say: We will open up our new federal court system to victims of vio- lations of the law of nations. The United States had arrived.

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12-40_HLB_Fall_09a.indd 36 9/24/12 11:05 AM KIOBEL V. ROYAL DUTCH PETROLEUM CO., ONE OF THE HIGHEST-PROFILE HUMAN RIGHTS CASES TO COME BEFORE THE SUPREME COURT IN YEARS, TESTS THE LIMITS OF THE CENTURIES-OLD ALIEN TORT STATUTE. PART I On the morning of Feb. 28, 2012, a team from Harvard Law School’s International Human Rights Clinic took their seats in the U.S. would test the limits of the centuries-old ATS. It was Supreme Court. Sitting directly behind petitioners’ the highest-profile human rights case to come before counsel were Clinical Professor Tyler Giannini and the Supreme Court in years. Assistant Clinical Professor Susan Farbstein ’04, Even before the Court granted certiorari, Kiobel nationally recognized leaders in Alien Tort Statute had become an international flash point for the litigation, and co-directors of the clinic. debate on corporate accountability, generating They had waited months to hear oral arguments nearly 40 amicus briefs analyzing the ATS from in Kiobel v. Royal Dutch Petroleum Co., a case that every angle—foreign policy, the global economy,

Illustration by justin renteria fall 2012 harvard law bulletin 37

12-40_HLB_Fall_09a.indd 37 9/24/12 11:05 AM ARGUING FOR THE DEFENDANT IN KIOBEL ...

... are several HLS faculty and alumni. kathleen sullivan ’81 is counsel for Shell Oil. professor jack goldsmith is author of two amicus the international human rights briefs on behalf of corporations in support of Shell. In the first brief, movement. HLS staff, students Goldsmith argues that most modern ATS litigation violates widely and alumni were involved on both accepted international law rules on jurisdiction. In the second, he sides of the issue. For its part, makes the case that—based on rules of statutory construction and the clinic filed a brief on behalf also on Court precedent—the ATS was never meant to apply to torts of legal historians, in support of committed abroad. In a similar vein, paul clement ’92 and john petitioners. bellinger ’86, authors of a brief on behalf of seven corporations, “What’s at stake in Kiobel is argue that “the ATS contains no indication at all … that Congress the future of the ATS itself, and intended the statute to apply extraterritorially” and that the framers whether it will remain an example would have wanted the ATS to cause the least amount of “friction” on of how the United States takes the international scene. To see all of the amicus briefs submitted in its international legal obligations the case, including those involving other alumni, go to http://bit.ly/ seriously,” said Farbstein. kiobelbriefs. —E.N. Kiobel began like any other ATS case in recent memory—with allegations against a company or an individual for violations of international law. Esther Kiobel and 11 other members of the Ogoni people in Nigeria filed suit against Shell in 2002, kathleen hls professor paul john alleging crimes against humanity, sullivan ’81 jack goldsmith clement ’92 bellinger ’86 including complicity in torture and extrajudicial executions. At issue: the company’s actions from 1992 to 1995, when the Ogoni were protesting oil threshold question that had to be clarified,” said development activities on their land. Giannini. Because Shell does much of its business in the Sooner or later, he said, the issue was headed to United States, the courts agreed to hear the case. the Supreme Court. But on appeal, the 2nd Circuit turned its attention away from the case and toward the statute itself, dismissing Kiobel on the grounds that corporations could not be held liable under the ATS. PART II By any standard, the Alien Tort For observers of the ATS, this came as a surprise: Statute leaves room for interpretation. It offers For years, courts had allowed cases to proceed on guidance on the nature of the violation, the remedy the presumption that corporations were as liable as and the victim—but not one word on the nature of individuals for violations of international law. the defendant. “No one had really questioned it,” said Jenny In its brief, the clinic argued that the framers Martinez ’97, a professor at Stanford Law School and were well-acquainted with the corporate form and one of the amici represented by the clinic. “It did would never have intended to provide a corporate seem rather obvious.” carve-out under the ATS. They based that argument After the 2nd Circuit’s ruling, other appellate on a year and a half of research, reviewing 500 courts went in the opposite direction, finding years of case law and piecing together the history corporate liability permissible under the ATS—in surrounding the Alien Tort Statute. cases against Exxon Mobil Corp. for violence in “How do you interpret a statute that was passed Indonesia, the Rio Tinto mining group for violence in 1789?” said Russell Kornblith ’12, a clinical team in Papua New Guinea, and Firestone tire company member. “You look at the way it would have been for child labor in West Africa. read in 1789, and then you translate the principles to “It was clear from the split in the lower courts today.” that the question in Kiobel—whether a corporation At the time, corporations were rare in England could be held liable—was a central and fundamental and nonexistent in America, where the founders

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12-40_HLB_Fall_09a.indd 38 9/24/12 11:05 AM “HOW DO YOU INTERPRET A STATUTE THAT WAS PASSED IN 1789?” ASKED RUSSELL KORNBLITH ’12, A CLINICAL TEAM MEMBER. “YOU LOOK AT THE WAY IT WOULD HAVE BEEN READ IN 1789, AND THEN YOU TRANSLATE THE PRINCIPLES TO TODAY.”

had a lingering distaste for the British East India Company. Still, the notion of corporate accountability was already taking shape, with PART III After the Kiobel oral arguments, England keeping its corporations in close check the clinical team enjoyed a week of quiet. Then came through royally granted business charters. another twist. In a rare move, the justices requested “This is not some shocking innovation,” said supplemental briefing on a different question about William Casto, a professor at Texas Tech University the statute: Does the ATS apply to acts committed on School of Law and one of the amici represented foreign territory? by the clinic. “Two hundred years ago, they had Courts have traditionally interpreted the ATS similar problems, and they came up with the same as a broad remedy for victims of violations of solutions.” international law, no matter where the acts occur. Take, for example, Skinner v. East India Trading Still, some have argued that because the framers Company. The case is primarily known today for did not specify otherwise, they intended the ATS the jurisdictional dispute it caused between the to provide a civil remedy for only a limited set House of Lords and the House of Commons. But of international violations either committed by in reviewing it again, the clinic found something Americans, or on American soil or the high seas. equally compelling: At its heart, it was the case of a In early spring, the clinic began its own research man facing down a monopoly. to prepare a second brief on behalf of legal histori- In 1657, Thomas Skinner headed out onto the ans, including HLS Professor Charles Donahue. In high seas near East Asia, hoping to make his fortune examining the historical record, it seemed clear to as a merchant. When crews from the East India the team that the framers would have understood the Company ransacked his ship and seized his land, he word “tort” in terms of the transitory tort doctrine of sought compensation from the company, to no avail. the day: A tort violation traveled with the violator. Finally, he turned to the House of Lords. A raid in British-owned Sierra Leone stood out. The East India Company argued it could not In a famous 1795 opinion, U.S. Attorney General be held liable for the actions of its agents, but the William Bradford stated he had “no doubt” the ATS House of Lords rejected that argument and awarded could apply as a remedy for British victims of the Skinner 5,000 pounds. raid.

From left: Assistant Clinical Professor Susan Farbstein ’04, Russell Kornblith ’12, Clinical Professor Tyler Giannini and Poppy Alexander ’12

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12-40_HLB_Fall_09a.indd 39 9/24/12 11:06 AM But did the raid take place ATS case in U.S. courts, telling the story on the high seas, in which case of how her 17-year-old brother was maritime law might apply, or beaten, tortured and finally killed by a did it take place on the sovereign police chief in Paraguay. territory of another country? Filártiga, then a New York resident, It was a question that had been had received a tip that the man who debated for years in scholarly The clinic killed her brother Joelito was living circles. in New York. Paraguayan courts had During the earlier round of argues that the dismissed the case against him; the briefing, the clinic had gone in framers were plaintiff’s lawyer had been threatened search of an answer, emailing a well-acquainted with death. She turned to U.S. courts group of alumni and students at with the for a remedy, bringing claims under the the School of Oriental and African ATS against the police chief for torture, Studies in London with a request: corporate form a violation of customary international See if you can find eyewitness and would never law. And in 1980, the 2nd Circuit—the accounts of the raid that Bradford have intended same court that would later dismiss references in his opinion. to provide Kiobel—allowed her case to proceed. The clinic had been working “For purposes of civil liability, the all year long with this group, a corporate torturer has become—like the pirate relying on them to find original carve-out and slave trader before him—‘hostis documents in England’s archives. under the ATS. humani generis,’ an enemy of all It took a few days, but then, deep mankind,” wrote the court. in the Foreign Office records of the And so the ATS was reanimated in a British National Archives, the London team found different era, under a different body of international what the clinic was looking for: a full accounting of law. the raid. That is the history. With the Supreme Court’s The discovery was critical for the briefing on ruling expected sometime this term, the clinic is extraterritoriality. The correspondence described now concerned about the future. Ask the team attacks on land, including the looting of a British what’s at stake, and they will tell you: our ability library—proof that Bradford knew the raid had to protect human rights and our international taken place in British sovereign territory when he standing. suggested the ATS would apply. For the clinical team, there is also this major consideration: their clients. Dozens of ATS cases are on hold, pending the Court’s decision. The clinic has supported plaintiffs in many of them, in PART IV Today, the words “Alien Tort charges against former leaders in Bolivia living in Statute” are synonymous with human rights impact the United States; against former Somali officials litigation. But for centuries, as the law of nations accused of abusing political opponents; and against evolved, the statute lay dormant. multinational companies that built tanks and During the founders’ era, the modern conception designed identification cards for the South African of human rights had yet to emerge. The law of government during apartheid. nations protected victims of piracy; people whose Poppy Alexander ’12 has one man’s face in safe passage came under threat; and foreign mind—a man she met in South Africa while ambassadors, who were considered protectors of interviewing survivors of apartheid for one of the peace. But principally, the law of nations governed clinic’s corporate ATS cases. the behavior of states, not individuals. “I can’t even think about him because it’s too It was only in the wake of World War II, with upsetting,” she says. the trial of Nazi officials at Nuremberg, that All the talk about ships and pirates and international law expanded and formalized the corporations and the law of nations—at the end of concept of human rights. And another three decades it all, Alexander is just hoping the Supreme Court’s would pass before Dolly Filártiga brought the first ruling won’t leave that man behind. P

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12-40_HLB_Fall_09a_r1.indd 40 9/26/12 10:28 AM SEND US YOUR NEWS Alumni updates may be emailed to [email protected]. Deadline for the next issue: CLASS NOTES March 12

1952 60th Reunion Oct. 26-28, 2012 Q all hands on deck: HLS students work for their candidate in the 1960 elections. Last spring, burton caine, a profes- sor at Temple University School of Law, taught American Constitutional Law and American Antitrust Law, with the participation of a Chinese professor who is an expert in China’s anti-monopoly law, at Tsinghua Uni- versity School of Law in Beijing. He also lectures at other universities in Beijing, Shanghai and elsewhere. sidney kess was one of 125 ac- A tradition of informal countants, educators, regulators and lunch meetings on auditors identified by the Journal the third Tuesday of of Accountancy as having “made a every month significant impact on the [account- ing] profession” since the American Institute of CPAs’ founding 125 years ago. In addition, also as part of the AICPA’s anniversary celebration, the organization’s financial literacy committee has commissioned a book, to be titled “Save Happily, Spend Wisely,” to be written by the honor- ees, and Kess was asked to write its foreword. He has co-written “The CPA’s Guide to Financial and Estate Planning” and produced and written video courses on individual income tax returns and corporate income tax returns.

1955 arthur j. greenbaum re- HLS HISTORICAL & SPECIAL COLLECTIONS tired from law practice in May 2011 after suffering a mild concussion and a broken shoulder. “While I have Loan Documentation” was published The series of lunches was started by now recovered (I think), I remain by IICLE Press this year. He is of chuck edson shortly after our 50th retired,” he wrote in August. “Over counsel to the Chicago law firm of Reunion and has continued more or the past 10 months I have helped Levin Ginsburg. Former chair of the less without change or frills. … We my cousin Judge Herbert J. Stern Illinois Institute for Continuing Le- have been getting about a dozen or get his new book, ‘Diary of a DA,’ gal Education, he currently serves on more classmates at every meeting, “I have helped published. I served as editor.” Green- the Section Council for Commercial some still in practice, most not. The my cousin Judge baum added: “Judge Stern is one of Banking of the Illinois State Bar As- affair is held at the Capital Grille in Herbert J. Stern the most successful prosecutors in sociation. Weissman has taught Se- Chevy Chase, Md., right near a Metro get his new U.S. history. He, among other things, cured Transactions at the John Mar- stop on the D.C. frontier. It’s not al- book, ‘Diary of a drafted the indictment of the kill- shall Law School in Chicago, received ways the same folks each month, but DA,’ published.” ers of Malcolm X, indicted the head Fulbright Senior Specialists Awards people keep coming back, so we must of the French CIA for shipping 100 for teaching in Latvia and Laos, and be doing something right. If any pounds of heroin into the U.S., pros- has taught in the American Bar As- classmates find themselves in the ecuted the real-life Tony Soprano, sociation’s Senior Lawyers Program D.C. area around the third Tuesday and convicted the mayors of Newark, in South Africa. of any month and would like to see Jersey City and Atlantic City.” what some of the others are doing, 1959 ed berkowitz writes: “Class notify me at [email protected].” 1957 members in the Washington, D.C., carol simon brosnahan, judge 55th Reunion Oct. 26-28, 2012 area recently celebrated the third for the Superior Court of Alameda anniversary of what has become a County in California, and james j. 1958 michael l. weissman’s tradition of informal lunch meetings brosnahan, senior partner at Mor- book “Commercial and Industrial on the third Tuesday of every month. rison & Foerster in San Francisco,

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41-65_HLB_Fall12_07.indd 41 9/24/12 11:13 AM class notes

met at Harvard Law School and have which was published in the January/ radical right on our political environ- been married for more than 53 years. February 2011 issue of Florida CPA ment is made abundantly clear.” The This year, Carol received the Alam- Today. A licensed CPA and attorney protagonist’s response, Blais adds, eda Contra Costa Trial Lawyers’ As- in New York and Florida, Traum is is “to keep reminding his readers sociation’s Judge of the Year Award of counsel to the law firm of Levey, and viewers of the importance of not and the California Public Defenders Filler, Rodriguez, Kelso & Magilligan forgetting what has gone before.” Association’s Rose Elizabeth Bird in Miami. He is author of “The S Cor- Publication of the novel in two vol- Memorial Award for Courage and In- poration: Planning and Operation” umes was set for late September by tegrity. James received the American and co-author of “The S Corporation Highpoint Press. For more informa- Lawyer 2012 Lifetime Achievement Answer Book,” both published by tion, see jandavidblais.com. Award. Aspen Publishers, and he has recent- Judges of the United States david m. dorsen, the author of ly written articles in The Tax Adviser Court of Appeals for the 9th Circuit Appointed to the “Henry Friendly, Greatest Judge of and the Journal of Accountancy. He convened in a special session at the bench by President His Era,” gave the annual Learned is board chair of the Florida Associa- historic Pioneer Courthouse in Port- Ronald Reagan and Augustus Hand Lecture at the tion of Attorney-CPAs and treasurer land, Ore., in May to recognize Judge United States Courthouse in Man- of the Harvard Club of Miami. diarmuid f. o’scannlain, who has hattan, N.Y., on Oct. 2, 2011. He is of served on that court for more than counsel at Sedgwick in Washington, 1962 25 years, and to present and hang D.C. 50th Reunion Oct. 26-28, 2012 an official portrait. It was commis- charles l. edson has been sioned by O’Scannlain’s former law elected chair of the board of trustees morton aronson ll.m. moderated clerks. Maura, his wife of 49 years, of the Maryland Historical Trust, a a panel on the law and business of and several of their eight children governmental body. He is serving his franchising at Harvard Law School and 16 grandchildren were present fifth term on the trust, having been in March. He is a former general for the ceremony. O’Scannlain began appointed by three Maryland gover- counsel of the Holiday Inn hotel his legal career as a tax attorney for nors—Republican as well as Demo- chain. Standard Oil Co., was briefly in pri- cratic. He writes, “The trust enforces jonathan golden, chair of vate practice and served as deputy historic easements throughout the the Atlanta law firm Arnall Golden attorney general of Oregon, among state, administers a historic rehabili- Gregory, celebrates 50 years at the other positions, before being ap- tation tax credit program and a loan firm this year. His father, Sol Golden, pointed to the bench by President program for historic structures, and was one of the firm’s three founders Ronald Reagan. operates a world-renowned archaeo- in 1949 (along with former Georgia guy c. quinlan writes, “I have logical conservancy laboratory.” Gov. Ellis Arnall). Golden, a mergers been serving as a pro bono legal and acquisitions attorney, is also a adviser to Oxfam International in 1960 The University of Arizona director at two of America’s larg- connection with the current United James E. Rogers College of Law has est food companies: Sysco and Rich Nations negotiations for a treaty honored mark i. harrison with a Products. regulating the international trade in scholarship in his name, recognizing m. laurence popofsky is conventional weapons, while con- his longtime service to the college. the author of the article “Does tinuing to be active on nuclear arms A former president of the Law Col- Leegin Liberate the Law Governing control issues and serving on the lege Association, he has served the Horizontal Conspiracies From Its board of the Lawyers Committee on college as an adjunct professor and Vertical Contamination?” published Nuclear Policy and on the National is currently a member of its National in 78 Antitrust Law Journal No. Security Committee of the ABA Board of Visitors. 1 (2012), Page 23. He has also international law section.” After a career mostly in interna- been named Senior Statesman in tional development, barton veret Chambers’ listings for antitrust in 1964 martin r. ganzglass has published a novel called “Parallel the United States for 2012, repeating had his second work, “Somalia— Tracks: Two Landscapes/Two Jour- his ranking of the last several years. Short Fiction,” a series of seven short neys” in 2011. The book is about two Popofsky, senior counsel at Orrick, stories drawing on his experiences Published a friends—one American, the other Herrington & Sutcliffe in San in Somalia, published through Peace novel called African—whose paths cross, sepa- Francisco, is teaching antitrust at Corps Writers. Both “Somalia” and “Parallel Tracks: rate and ultimately converge as they the University of San Francisco Law his earlier novel, “The Orange Tree,” Two Landscapes/ traverse civil war in Africa and racial School for the fourth year. are available from Amazon.com and Two Journeys” and political conflict in America. Kindle. He is working on two other Veret writes, “It’s a tale told by a law- 1963 jan david blais is author novels about the American Revolu- yer covering his experiences in the of a new novel, “Twentieth Century tion. late 1960s, a tumultuous time for him Limited.” It’s the story of a Vietnam in Africa and the States—a wonder- vet who overcomes disabling inju- 1965 rosine lorotte ll.m. ful project of memory and imagina- ries to become an award-winning writes: “The traditional reunion of tion for me.” journalist and television newsman the LL.M. ’65 was held this year in known for holding a mirror to Dublin—and organized by bryan 1961 sydney s. traum received American society. On assignment in mcmahon [ll.m.]. Twenty-one peo- the Florida Institute of CPAs’ 2011 Iraq, he is killed under suspicious ple (including spouses) attended the Writing Excellence Award for his circumstances. Blais writes, “As the reunion—quite an achievement after article “Update on S Corporations,” story unfolds, the influence of the so many years. (Yes, we have met ev-

42 harvard law bulletin fall 2012

41-65_HLB_Fall12_07.indd 42 9/24/12 11:14 AM PROFILE A CONVERSATION WITH STEVEN R. SHAPIRO ’75

Freedom Fighter

STEVEN R. SHAPIRO ’75 has been legal director of the American Civil Liberties Union since 1993 and leads a staff of more than 90 lawyers. He has contributed to more than 200 U.S. Supreme Court briefs and has worked on a range of issues and cases, from Reno v. ACLU, the fi rst major ruling on the regulation of materials distributed over the Internet, in which the Court ruled that the federal Com- munications Decency Act was an unconstitutional restriction on free speech, to Arizona v. United States, in which the Court this June struck down three of four immigration-enforcement provisions of Arizona’s S.B. 1070. HLS spoke with Shapiro about his time at the 92-year-old ACLU and his take on the state of freedom in the U.S.

What are the most pressing civil liberties issues facing our country? Government surveillance. The lack of any accountability for torture ACLU and human-rights abuses. Race is always an issue in this country, and the economic diffi culties we are dealing with accentuate the “THIS IS A CONSERVATIVE SUPREME COURT, BUT schism. Immigration. An assault on women and reproductive rights that would have been unimaginable a decade ago. Technological THE ISSUES THEY ADDRESS ARE COMPLICATED. advances and the threat to our privacy. IT’S MISLEADING TO TRY TO PIGEONHOLE THEM.” You grew up in a middle-class New York family with civil servant parents. How did you relate your own reality to those who were marginalized? I’m very proud of the way the organization responded to the civil My fi rst vivid political memory is the 1960 presidential campaign liberties threats that followed 9/11. The issues we were debating and Kennedy’s election. That is coupled in my memory with the civil truly brought us back to fi rst principles in a way that very few other rights movement: The Selma march, the March on Washington, the things do. For somebody whose offi ce was a mile away from ground Freedom Riders … the passage of the 1964 Civil Rights Act and the zero, I never diminished the magnitude of what happened or the 1965 Voting Rights Act, the assassinations of John Kennedy, Robert seriousness of the threat we faced after. The national security issues Kennedy, and Martin Luther King—they left a deep and lasting were real. But at the end of the day, our national security depends on impression on me. They also left me with the belief that law and allegiance to principles that defi ne us as a nation. lawyers could be a force for progressive change. It’s not only white adult males who are entitled to rights: Women, lesbian and gay and What’s your take on the current Supreme Court? transgender people, children, prisoners—they all have rights. We all This is a conservative Supreme Court, but the issues they address are have rights by virtue of being human beings. complicated, and it’s misleading to try to pigeonhole them. All we have to do is look at the health care case. It’s undeniably true that How do you deal with frustration when the judicial and political the federal courts have gotten more conservative over the course of winds don’t blow the way of civil liberties? my lifetime; on the other hand, you can’t do this kind of work unless I do think patience is a function of working at an organization that you believe the arc of history bends toward freedom. parallels almost precisely the history of individual rights in this country. Until the early 20th century there was no conception that What has changed since you began at the ACLU that you could not the rights identifi ed in the Bill of Rights were judicially enforceable. have predicted? If you take the long view, you can say over time that we are moving in The quality of political and public discussion has declined. the right direction. What’s the solution? What case gave you the most heartburn? What the solution always is in a democracy: The people who have the The work we have done [related to the aftermath of 9/11] has often capacity to vote need to vote. We get the democracy we deserve. been stressful because the issues are so fundamental and the stakes are so high. If you had the ear of the general U.S. populace, what would you say about civil liberties? How did you feel as a native New Yorker working on civil liberties Rights are fragile and can be lost if we do not fi ght to maintain them. post-9/11? —natalie singer

fall 2012 harvard law bulletin 43

41-65_HLB_Fall12_07.indd 43 9/24/12 11:14 AM class notes

ery year since graduation!) The 2013 ute modeled in part on the Uniform thur K. Marshall Award from the reunion will be held May 17 to 20 Condominium Act. Other speakers Los Angeles County Bar Association in Berlin and shall be organized by included his longtime colleague in June. The award honors “an ac- dieter grimm [ll.m.], and the 2014 attorney Robert J. Galvin and ru- complished leader of the L.A. Area reunion shall be held in Copenha- dolph kass ’56, retired judge of the Probate and Trust Bar who has made gen, Denmark, during the Whitsun Massachusetts Appeals Court. an outstanding contribution to the weekend as usual and shall be the Duane Morris partner steve community and the legal profes- responsibility of torben melchior honig discusses legal and cultural sion.” Garb continues to practice as [ll.m.].” events in the Boston area in his blog, a partner at Loeb & Loeb; is a trustee daniel a. pollack was named The Law & Other Anomalies (http:// of the Gladstone Institutes, a medical managing partner, New York, of www.honiglawblog.com/). Honig research organization in San Fran- McCarter & English in May. He practices business law with an em- cisco; and serves as a director of the writes, “Four other members of the phasis on corporate law, securities newly created Roddenberry Founda- Class of 1965 have been partners of law and mergers. A member of the tion. He and his wife, Sheila, were McCarter & English at various times: National Association of Corporate married for 46 years in August and drew berry (deceased), joseph Directors, the securities law com- have three children and four grand- irenas (U.S. district judge), mike mittees of the Boston and Massa- children. horn and charlie merrill.” chusetts bar associations, and the After 33 years as an equity part- Massachusetts Institute of Technol- ner, david a. murdoch became of 1966 don bliss is author of the ogy Enterprise Forum, he is also the counsel to K&L Gates in Pittsburgh new book “Mark Twain’s Tale of regular securities law columnist for early this year. He is also pleased Today, Halley’s Comet Returns: The In-House, the Lawyers Weekly publi- to announce the birth on March 17 Celebrated Author Critiques Ameri- cation directed to in-house attorneys. of his first grandchild, Wylie David can Politics.” He writes: “As Ameri- joe meissner retired in August Murdoch, to son Timothy and his ca’s first global celebrity and an acute after 45 years as an attorney for the wife, Devon. Wylie is also the first commentator on American politics, Legal Aid Society of Cleveland. He great-grandson of robert f. patton Twain once said, ‘If we would learn now practices community law in a ’53. what the human race is at bottom, storefront office on the city’s West john e. wallace jr., a retired we need only observe it in election Side. justice of the Supreme Court of New times.’ My great-grandfather pub- tony rogers has won the first Jersey, received the New Jersey State lished Twain’s early books, including annual Dorothy and Wedel Nilsen Bar Foundation’s highest award, the ‘Tom Sawyer.’ Of congressional cor- Prize for a First Novel, an award Medal of Honor, in June. The award ruption, party warfare and the influ- established by Southeast Missouri is given each year to candidates who “My great- ence of money in politics during the State University Press. Rogers’ book, have made outstanding contributions grandfather Gilded Age, Twain wrote: ‘It cannot “The Execution of Richard Sturgis, to improving the justice system. Wal- published be well or safe to let present politi- As Told by His Son, Colin,” will be lace’s career as a jurist has spanned Twain’s early cal conditions continue indefinitely. published next spring. It tells the sto- more than 25 years. Appointed to books, including They can be improved, and Ameri- ry of a family man who is convicted the Superior Court of New Jersey for ‘Tom Sawyer.’” can citizenship should rise up from of a rape and murder, and his son’s Gloucester County in 1984, he was its disheartenment and see that it is lifelong search to find out whether or elevated to the Appellate Division done.’” Bliss’ book is available from not he is guilty. In an interview this in 1992. In 2003 he was nominated Amazon. He also co-wrote with summer, Rogers told the newspaper by Gov. James McGreevey and con- william t. coleman jr. ’43, “Coun- Cambridge Chronicle that his many firmed by the New Jersey Senate as sel for the Situation, Shaping the different experiences and jobs—such a justice of the Supreme Court of Law to Realize America’s Promise” as practicing law on Wall Street, New Jersey, which he served through (Brookings Institution, 2010). playing jazz guitar professionally, 2010. Since retiring from the bench, william e. butler was awarded directing a veterans hospital and he has become counsel to the law the LL.D. honoris causa by the Kyiv driving a cab—collectively inform firm of Brown & Connery, concen- University of Law of the National everything he writes. He lives in trating in mediation, arbitration and Academy of Sciences of Ukraine in Cambridge with his wife, Tamara. complex litigation. Wallace and his April. wife make their home in Sewell, N.J. saul j. feldman, a real estate 1967 They have five children. attorney at the Law Offices of Feld- 45th Reunion Oct. 26-28, 2012 man & Feldman in Boston, spoke 1968 mike bush is teaching Re- on “Chapter 183A, Our Primitive richard gallagher, a partner at tail Real Estate Development in the Condominium Statute” at the 14th Foley & Lardner in Milwaukee, was graduate schools at Georgetown annual Conference on Real Estate recognized this year as one of the and Johns Hopkins universities. He Law 2012, sponsored by Massachu- American Law Institute’s “Life Mem- writes: “I developed the course based setts Continuing Legal Education. He bers” after 25 years of involvement. on my career as chief real estate offi- Playing jazz guitar also wrote an article with the same Gallagher also recently received the cer at Giant Food and my subsequent professionally title that appeared in the conference Milwaukee Bar Association’s Distin- tenure at REAP—The Real Estate publication, in which he argued that guished Service Award for his sig- Associate Program, the nonprofit I the first-generation condominium nificant public service contribution founded to spot, develop and place statute in Massachusetts should be to the local community. minority professional talent in the replaced by a second-generation stat- andrew garb received the Ar- commercial real estate industry.

44 harvard law bulletin fall 2012

41-65_HLB_Fall12_07.indd 44 9/24/12 11:14 AM PUZZLE HARVARD LAW CONTENDERS

Levin’s Crossing

Donna Levin ’83 writes that she “abandoned the tranquillity of life as a litigator to join the fast-paced world of crossword construction.” This is her first puzzle for the Bulletin, but since 2005, approximately 250 of her puzzles have been published, primarily in the Los Angeles Times, The Washington Post, The New York Times, Newsday and “the late lamented” NewYork Sun. POLLY BECKER POLLY

across 20. President-wannabe sonal ad, for some who attended HLS 21. Mus. key with three 1. En ___ who attended HLS 33. Rustle (up) 50. Rosters of the most sharps 5. Cry before the dogs of 23. “___ Mine” (Beatles 37. Subject “studied” by desirable 22. These may confl ict at war are let slip song) an HLS student society 53. It’s what often sepa- a law fi rm partnership 10. Actor Omar 24. Defendant in an em- whose crest includes a rates law from order meeting 14. Integral of a curve ployment discrimination depiction of grain 54. President-wannabe 25. Raison d’être of the 15. Prince Valiant’s suit, perhaps 39. Smart as ___ who attended HLS HLS Offi ce of Career spouse 25. President-wannabe 41. LSAT, e.g. 60. Suit to ___ Services 16. Come across who attended HLS 42. Type of clean energy 61. Erstwhile Yankees 26. Cookie that debuted 17. Level 31. Ida’s partner in the 44. Like some batteries, manager Joe in 1912 18. ___ law (ecclesiastical supermarket informally 62. On a single occasion 27. Lab instruction? jurisprudence) 32. Alternative to a 46. Cantab’s rival 64. Requiem Mass word 28. Breaks, in a way 19. ___ dixit Harvard Magazine per- 47. President-wannabe 65. What losing argu- 29. Moral standard ments often fail to make 30. Former Secretary of 66. Corp. bigwigs Labor Robert who taught 67. Shout from a barista at Harvard’s Kennedy

1234 56789 10 11 12 13 68. Fast German torpedo School of Government craft of WWII 34. Deep-sixed 14 15 16 69. Ululate 35. Chest rattle 36. Sabah al-Ahmad al- 17 18 19 down Jaber al-Sabah, for one 20 21 22 1. Cricket club 38. Felon’s résumé 2. Battle song? 40. Caged mimic 23 24 3. HLS requirement for 43. Pro ___ fi nancial aid 45. Lady of Lisbon 25 26 27 28 29 30 4. Comedian whose seven 48. Pestilential pest 31 32 33 34 35 36 words led to a criminal 49. Former “judge” on prosecution “The People’s Court” 37 38 39 40 41 5. Rancher’s estate 50. At full tilt

42 43 44 45 46 6. “Sad to say ... ” 51. Petrol purchase unit 7. Air 52. Mountaineer’s tool 47 48 49 8. Nebraska native 55. Leopold’s co-defen- 9. Oil surface? dant 50 51 52 53 10. It might be grise 56. Bond villain in a Nehru 54 55 56 57 58 59 11. The “it” in the 1990s jacket slogan “Gotta have it” 57. Major constellation? 60 61 62 63 12. Mexican moola 58. Dope

64 65 66 13. It’s something that Bill 59. Flat-bottomed boat Clinton received two of in 63. Common night school 67 68 69 one day subj.

page 56 Solution on fall 2012 harvard law bulletin 45

41-65_HLB_Fall12_07_r1.indd 45 9/26/12 3:42 PM class notes

Through my new venture—TMR: to a lien on pure-bred show horses student scholarships. In addition, The Minority Resource—I offer ca- on a Massachusetts farm. Redlich is he and his wife, Irma Daniels, were reer coaching to students interested Boston Warburg Chapter director for named 2012 Parents of the Year by in real estate careers and to profes- the American Council on Germany, COA Youth and Family Centers in sionals already developing, leasing for which he has helped coordinate Milwaukee. Executive director of and managing properties for firms speaker events in cooperation with In the spring, the alumni asso- the nonprofi t like CB Richard Ellis, Forest City, Harvard’s Center for European ciation of the University of Georgia arts organization McDonald’s, MetLife, Prudential, Studies and Weatherhead Center for School of Law in Athens presented Passim, located in Safeway, Simon Property Group, International Affairs and has partici- paul m. kurtz ll.m., J. Alton Hosch Harvard Square Vornado and Wal-Mart.” pated in a number of seminars and Professor and associate dean for aca- discussions about the euro. Chair of demic and student affairs, with its 1969 In April, arthur drache, the Massachusetts Alumni Chapter Distinguished Service Scroll Award. q.c. ll.m. was awarded the Queen’s of Queens College, which recently It is the association’s highest honor Diamond Jubilee Medal in recogni- celebrated its 75th anniversary, and recognizes individuals for their tion of his work with the Museums Redlich attended this year’s Q-Gala exceptional service and dedication Foundation of Canada, of which he is in New York City. to the legal profession and the law the first and only chair. school. Kurtz joined the Georgia Law This year, christoph l. hoff- 1972 faculty in 1975 as an assistant profes- mann became a member of the board 40th Reunion Oct. 26-28, 2012 sor and has taught family, criminal of trustees of North Hill Senior Liv- and constitutional law. During his ing in Needham, Mass. Hoffmann is dan hogan, executive director of the career, he has served on the board of a retired executive of Raytheon Co., nonprofit arts organization Passim, the UGA Athletic Association, was where he served as executive vice located in Harvard Square, has been chair of the University Council (the president, law and corporate admin- re-elected to the executive board of legislative body of the UGA faculty istration, and secretary. He and his the Harvard Square Business Asso- and administrators), was a UGA wife, Susan, have been residents of ciation. Passim operates Club Passim Senior Foundation Fellow, chaired Needham for nearly 30 years. and also runs a music school and the Meigs Professorship Selection offers grants to musicians. Committee and served on numerous 1970 In August, alfred de zayas, Holland & Knight partner mari- university committees. He will retire the United Nations Human Rights lyn holifield has been appointed at the end of this academic year. Council’s independent expert on to the board of managers of Swarth- In “An Injury Law Constitution” Presented the promotion of a democratic and more College, her alma mater, and (Oxford University Press), author a report to equitable international order, serv- will serve a term of four years. Based marshall s. shapo s.j.d. presents the council ing in Geneva, presented a report to in Holland & Knight’s Miami of- the argument that the body of law highlighting the council highlighting “some of the fice, she represents corporations in that Americans have developed con- “some of the epistemological challenges inherent employment and business litigation, cerning responsibility for injuries epistemological in the notion of democracy at the including commercial and covenant- and prevention of injuries has some challenges national and international levels.” not-to-compete litigation. She also of the qualities of a constitution—a inherent in As an independent expert, de Zayas serves on the board of trustees of the fundamental set of principles that the notion of coordinates his work with that of University of Miami, is a member govern relations among people and democracy at other U.N. mechanisms, works with of the executive committee of the between people and corporate and the national and intergovernmental organizations Harvard Alumni Association and co- governmental institutions. He ex- international and agencies, conducts consultations chairs the Harvard Alumni Associa- amines how American injury law levels” with stakeholders and academics all tion’s Global Month of Service. reflects deeply held views on risk over the world, and suggests ways in mark a. meyer ll.m. was ap- and injury in our society. Shapo is which governments, the private sec- pointed honorary consul of the the Frederic P. Vose Professor of Law tor and civil society can cooperate. Republic of Moldova for the state of at Northwestern University School of New York. He is a member of the firm Law, where he teaches courses and 1971 edward hayward, a part- Herzfeld & Rubin in New York City. seminars in torts, the law of danger- ner in the immigration, international ous products, and science and the and business litigation practice 1973 Judge scott w. stucky of the legal system. groups of Oppenheimer Wolff & United States Court of Appeals for fletcher h. “flash” wiley Donnelly in Minneapolis, has been the Armed Forces has been elected received several awards earlier named Knight of the General Or- to the executive committee of the this year: a Lifetime Achievement der of Merit by the president of the Appellate Judges Conference of the Award from the Massachusetts French Republic. This honor was American Bar Association. Black Lawyers Association in March bestowed in recognition of his many (ken chenault ’76 was the keynote contributions to French-American 1974 john w. daniels jr., chair speaker), an honorary Doctor of cooperation and friendship. of Quarles & Brady in Milwaukee, Laws degree from the New England marc redlich writes that in received an Excellence in Education School of Law in May and an honor- addition to cases related to dis- Award from the Milwaukee Public ary Doctor of Humane Letters degree crimination, employee termination, School board of school directors. from Cambridge College in June. attorney’s malpractice and business Daniels was honored specifically disputes, earlier this year, he and his for his efforts related to helping 1976 lawrence r. baca received firm were involved in a case related raise more than $800,000 to support the Thurgood Marshall Award for

46 harvard law bulletin fall 2012

41-65_HLB_Fall12_07.indd 46 9/24/12 11:14 AM PROFILE ANNE-MARIE SLAUGHTER ’85 TAKES ON WORK-LIFE BALANCE

Competing Ambitions

THIS PAST SUMMER, professional identity.” after the release of her Yet, as she’s known since article “Why Women she changed career paths Still Can’t Have It All,” after graduating from Anne-Marie Slaughter law school, “It’s fi ne to ’85 was engulfed in what have a plan, but don’t she calls a “tsunami” of expect that your life is her own making. In the going to follow it.” article, published in the From a young age—as Atlantic, she described the daughter of a Belgian her painful realization mother and an American that working at her father, splitting her time dream job as director of between the U.S. and policy planning at the Belgium—Slaughter State Department made knew she wanted to go it impossible to spend into the world of foreign the time she needed policy. She expected to with her two teenage follow the typical path

sons. She argued that her at the time, working at a DENISE APPLEWHITE experience was part of a corporate law fi rm and larger societal problem— following a mentor there law professor, you can be that for many mothers, in and out of government both a scholar and really IF WOMEN ARE GOING TO CONSISTENTLY almost any job with “long and up the ladder. She stay very engaged in the hours on someone else’s accepted an offer from a world of public policy.” REACH THE TOP OF THEIR PROFESSIONS, schedule” creates a tug New York fi rm but then From Harvard, Slaugh- of war between working backed out. “I realized ter went on to become SAYS SLAUGHTER, A LOT MUST CHANGE. and parenting. If women that I couldn’t do that the fi rst female dean of are going to consistently kind of work—I just the Woodrow Wilson make it to the top levels wasn’t happy in a highly School of Public and of their chosen profes- structured environment International Affairs at writing on foreign policy, do—and I am basically sions, Slaughter wrote, a doing large deals that I Princeton, her undergrad- having altered her career saying, ‘Stop! No! That’s lot has got to change. didn’t feel connected to,” uate alma mater. While trajectory so she can not going to work.’” The article almost she says. there she also helped to spend more time with Slaughter is now instantaneously became Instead, she returned lead the Princeton Proj- her family. She knows also at work on a book a cultural touch point, to Cambridge and started ect, aimed at developing it’s right for her, but still, focused on solutions discussed on television, working for the interna- a bipartisan national she feels the upward pull to the issues she raised radio, and the Internet, tional law scholar Abram security strategy for the of the ladder. “It’s not in the Atlantic article, not to mention around Chayes ’49 and other pro- country. always easy to take the pointing to companies, boardroom and dining fessors at HLS, including Now, after seven advice I give, which is industries or countries room tables. For Slaugh- Laurence Tribe ’66. After years heading the Wilson that if you’re really going with policies that help ter, who worked her way a few years, Chayes sug- School and two at the to, in my case, be the par- women balance work and up to the top of what gested she think about State Department— ent I want to be, and the family life. For the indus- she calls the “very male teaching. where she led the fi rst professional I want to try of law, with its focus world” of foreign policy “I just never thought Quadrennial Diplomacy be, you’re going to have on billable hours and the by focusing on issues of myself as living the and Development Re- to move laterally,” she partnership track, “these like governance, security, quieter life of a scholar,” view, one of Secretary says. “There is nobody are acute issues,” says and international law she recalls. But she came Clinton’s main initiatives, who goes to Harvard Slaughter. “I think law is and relations, suddenly to realize—while teach- designed to increase Law School who is not going to be a real testing becoming best known for ing international law at the role of development accustomed to thinking ground for how you keep her views on family life the University of Chicago, work in foreign policy— about a straight upward really talented women in “was like watching a tidal and then for eight years Slaughter is back teach- trajectory—that’s what the leadership ranks.” wave wash away your at HLS—that “being a ing at Princeton and we’re conditioned to —katie bacon

fall 2012 harvard law bulletin 47

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2012 from the American Bar Associa- tions, and the use of limited liability of financial and bankruptcy-related tion section of rights and responsi- companies and partnerships in busi- trade publications. bilities in August. Baca, a Pawnee ness transactions. eric v. moyé was elected to his Indian, is the first American Indian second term as presiding judge of to receive it. Retired since 2008, Baca 1977 the 14th Judicial District Court of served in the U.S. Department of Jus- 35th Reunion Oct. 26-28, 2012 Texas, sitting in Dallas. He faced no tice’s Civil Rights Division and Office opposition from either party in the of Tribal Justice for 32 years. Dur- glenn l. bower has been appointed primaries. He will serve through ing his tenure, he not only worked to the board of directors of Spinnaker 2016. The State District Court is the on more civil rights cases involving Coating, a $100 million manufacturer highest-level trial court in Texas. American Indian victims than any of adhesive coated papers and films First appointed to the bench in 1992 other attorney in the history of the located in Troy, Ohio. Bower prac- by then Gov. Ann Richards, Moyé Civil Rights Division, but also was tices at the law firm of Coolidge Wall was the first African-American ever an active recruiter who, as he says, Co., based in Dayton, with particular elected to the Civil District Court “changed the face of the Department emphasis on mergers and acquisi- from Dallas. of Justice” by recruiting many Amer- tions, strategic alliances, health care betsy munnell recently joined a ican Indian attorneys to the depart- and technology law. Cambridge startup, Fullbridge Inc., ment. Baca also has been national margarita rosa was one of as senior adviser - law practice, in president of the Federal Bar Associa- several “Latina trailblazers” honored connection with its immersive busi- tion, whose Indian law section he with a Pioneer Award in June by ness education programs for young founded and chaired for 20 years; LatinoJustice. Rosa has been execu- law firm associates. Fullbridge was has served three times as president tive director of Grand St. Settlement co-founded by peter w. olson j.d./ of the National Native American Bar Inc. in New York City, a social service m.b.a. ’76, now a professor at HBS, Association; and has been a member agency, since 1995. and Candice Carpenter Olson, and of the ABA’s Committee on Problems Munnell discovered the company of the American Indian, Council on 1978 nancy schneiderman through Mark Weber, the assistant Racial Justice, and Commission on broadbent has been appointed dean of the HLS Office of Career Ser- Racial and Ethnic Diversity in the by the president judge of the Court vices (where she is visiting J.D. ad- Profession. In 2008, he received the of Common Pleas of Northampton viser). Munnell writes: “Mark … was ABA’s Spirit of Excellence Award County, Pa., as a special judicial well aware of my dissatisfaction with for his work on diversity in the legal master to hear child custody cases. professional development at both profession and was the first recipi- She also still teaches business law law schools and firms. And thanks ent of the Lawrence R. Baca Lifetime at Lehigh University and Real Es- to Mark I am now having more fun Achievement Award for Excellence tate and Business Organizations at than I’ve had since building my law in Federal Indian Law of the Indian Northampton Community College. practice 30 years ago. Combining the law section of the Federal Bar Asso- She writes: “I continue to pursue my Fullbridge opportunity with my own ciation, which was created to honor interest in music, as music direc- business development consulting his career as a bar leader and civil tor in the theater and in a Lutheran practice, I can now make a measur- rights lawyer. church, as well as giving piano les- able contribution to the newest ken ludwig’s new comedy-mys- sons. My son, Ben, is in a graduate generation of lawyers. In a down tery, “The Game’s Afoot,” won the architecture program at RPI, and economy and a distressed and ever- Edgar Allan Poe Award for Best Play daughter, Maggie, is a junior at Buck- changing profession, no young attor- “The Game’s of the Year, awarded by the Mystery nell—and possibly a future lawyer.” ney can compete effectively without Afoot” won the Writers of America. “As a lifelong business and other practical skills, Edgar Allan Poe lover of mysteries,” he writes, “I was 1979 steve euller has retired and most J.D.s won’t acquire those Award for Best thrilled to receive the very cool statue after 32 years in the law department skills—not soon enough at least—at Play of the Year. of Mr. Poe that I was handed at the at Cargill, Incorporated. He lived and their law schools or law firms.” awards banquet in New York. Also, worked in Asia and Europe for about ‘The Game’s Afoot’ broke all box- half of that time and served as gen- 1980 mary lu bilek has become office records during its world pre- eral counsel for his last 11 years there. dean of UMass School of Law in miere at the Cleveland Play House susan power johnston has Dartmouth, the state’s first public last fall, becoming the top-selling joined Carter Ledyard & Milburn law school. She was previously as- show in the history of the theater.” in New York City as counsel in its sociate dean and professor at the corporate trust and insolvency and City University of New York School 1976 paul t. metzger was one of creditors’ rights groups. She was of Law, having joined the CUNY several former K&L Gates attorneys previously counsel at the New York Law faculty in 1985. She has helped who joined the new Chicago office of office of Covington & Burling and develop programs for legal education Sheppard, Mullin, Richter & Hamp- has experience representing inden- diversity, and in 2010-2011 she was ton during the summer. A member ture trustees, examiners, debtors and chair of the American Bar Associa- of the tax, employee benefits, and creditors’ committees in insolvency tion section on legal education diver- trusts and estates practice group, he proceedings. A member of the edito- sity committee. Currently a member concentrates his practice in the fed- rial advisory panel for Norton Jour- of the ABA’s Special Committee on eral income tax aspects of business nal of Bankruptcy Law and Practice, the Professional Educational Contin- transactions, particularly mergers she has written many articles and uum, she also serves on the boards of and acquisitions, financing transac- is frequently published in a number directors of the National Center for

48 harvard law bulletin fall 2012

41-65_HLB_Fall12_07.indd 48 9/24/12 11:14 AM PROFILE SADAKAT KADRI LL.M. ’89, AUTHOR OF ‘HEAVEN ON EARTH’

Journeys of Discovery

BRITISH AUTHOR to write a grounded, re- down by God toward AND barrister Sadakat spectful book on Shariah. salvation,” he says—and Kadri LL.M. ’89—the He observed that in an that concept is “bal- son of a Finnish mother age of emerging global anced by long-standing and a Pakistani Muslim terror, discussions about traditions of mercy, father—was a resident of traditional Islamic law— tolerance and fl exibility.” New York during the 9/11 both in the West and “Heaven on Earth” is a attacks. He was a London among Muslims—often lawyer’s cautionary plea commuter on what Brits shed more heat than for understanding, study call 7/7—the July 7, 2005, light. “Noise, rather than and mutual respect in suicide bombings that information, was fi lling a contemporary world targeted morning rush a void,” Kadri writes of murderous religious hour. And right after in “Heaven on Earth,” divides. his year at Harvard Law “while critical questions At least part of that School, Kadri was drawn were going not just unan- plea for understanding— to the political turmoil swered but unasked.” and sensitivity to nations in Eastern Europe, He came to believe in political turmoil— where the Iron Curtain during his research that comes out of Kadri’s was turning to glass. “I repressive interpreta- Harvard experience. need to get there,” Kadri tions of Shariah are He had studied his- thought to himself in the not immovable ancient tory and law at Trinity spring of 1989: to Berlin dictates. “They are actu- College, Cambridge, but as the wall was falling, ally a reaction to some had never been to the and to Czechoslovakia thoroughly modern United States before, in the midst of its Velvet developments,” says and “the most humdrum Revolution. Armed with Kadri, including the 1948 aspects of daily life WHETHER LEARNING ABOUT SHARIAH OR a contract to write a partition of Palestine and seemed impossibly ex- travel guide, Kadri lived the founding of the mod- otic,” he says. (Included: NATIONAL REVOLUTIONS, A TRAVELER in Prague for most of the ern State of Israel and American supermarkets next three years. “coups and revolutions” and clapboard houses SEARCHES THE WORLD FOR ANSWERS. But it was the terror in the Muslim world in Cambridge that had attacks he witnessed beginning four decades “the sinister appeal of that inspired what is ago. By 1979, countries half-remembered horror competing narratives—a tional, and international perhaps Kadri’s greatest including Pakistan and movies.”) notion that most lawyers law with a London fi rm adventure: four years Iran had fi rmly embraced But above all, there in 1980s England would specializing in human of research and travel the “supposed tradi- was a new intellec- have thought baffl ing rights and civil liberties. to write the latest of his tions” of a harsh brand tual excitement to law or laughable. And I was (He is now an “associate three books. “Heaven on of Shariah, he says, along studies. “Discussions persuaded that legal tenant” to concentrate Earth” (2012) is an explo- with “ruthless and retro- just fl owed in class, the change can never really on his writing career.) ration of Shariah law that grade approaches toward way they never did [at be understood without Kadri maintains a special begins with deep history enforcement.” Trinity],” he says. One an awareness of its interest in nations beset (in ancient Arabia) and Today, Islamic day, he emerged from historical and cultural by upheaval. He visited closes with contempo- jurisprudence is still constitutional law class roots.” Syria in 2011 on behalf of rary reality: the varieties often associated with with Professor Laurence Since his 1988-1989 the International Bar As- of present-day Islamic “punitive, misogynistic Tribe ’66 feeling, says year at HLS, Kadri has sociation’s Human Rights jurisprudence, gleaned and bellicose attitudes,” Kadri, that “I had done a worked as a travel writer, Institute, and traveled from travels to India, says Kadri, “but they semester’s worth of work trial lawyer, legal scholar, to Burma in late August Pakistan, Syria, Egypt and are a poor refl ection of in one hour.” The Harvard columnist and London- with the same group. Turkey. Kadri, shaken by its 1,400-year history.” interlude “certainly felt based human rights And next? “I don’t the attacks and bolstered Most Muslims regard seminal,” he adds. “I advocate. He spent a think my last book has by his familiarity with Shariah as a spiritual began to think of legal decade of full-time prac- been written,” says Kadri. Islam, was compelled concept—“the path laid disputes in terms of tice in criminal, constitu- —corydon ireland

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Law and Economic Justice and sity and the University of Arizona. professor at Western State College of FairTest, regularly serves as an ac- Law in Fullerton, Calif. creditation site visit team member 1984 carey dunne has been for the ABA and serves on the So- elected president of the New York 1986 beth green has become of ciety of American Law Teachers’ City Bar Association, the largest counsel to her law firm, Kaufman Committee on [Re]Visioning Legal bar organization in the city, which Borgeest & Ryan. She practices cor- Education. was founded in 1870 and has 24,000 porate law with a specialty in health “After 30 plus years as an at- members. He is chair of the litiga- care in its New York City and Long torney and 22 as an elected official,” tion department at Davis Polk & Island offices. peter lawson jones writes, “I have Wardwell and a member of the firm’s justin hughes, a full-time pro- become a minister—well, at least, in three-person management commit- fessor at Cardozo School of Law, has ‘I, Alex Cross,’ a feature film star- tee. A former prosecutor in the office also been serving part time in the ring Tyler Perry and Matthew Fox of Manhattan district attorney Rob- Obama administration as senior ad- that opens nationally Oct. 19. After ert Morgenthau, he practices in the viser to the undersecretary of Com- a nearly 30-year hiatus, I returned area of white-collar criminal defense. merce for intellectual property since to acting four years ago and, since Dunne lives in Manhattan with his fall 2009. “In that role,” he wrote in then, have appeared in over a dozen wife, Kate Manning, and their three early July, “I’ve become the negotia- movies, 10 plays, a network televi- children. tor for the U.S. on copyright issues sion drama and a Web series. I am michael lyon writes, “I just at the World Intellectual Property presently playing the co-lead in a published a book, ‘Cycling Along Eu- Organization. A couple weeks ago, film being shot in Detroit. In addi- rope’s Rivers: Bicycle Touring Made we had a big victory—a treaty that I tion to acting, I provide on-camera Easy and Affordable,’ based on my worked hard to resuscitate and shep- political analysis for the ABC affiliate 20 years of self-guided bike touring herd to conclusion. After a decade in Cleveland, am the executive pro- in Europe.” The guide is available in of paralysis in Geneva, the ‘Beijing ducer and narrator of a documentary paperback from Amazon. Treaty on Audiovisual Performances’ on fatherhood that will be released kent markus writes: “In early is the first multilateral substantive next year, and work as a business 2011, I was asked to help start up the IP treaty since 1996. Approximately marketing consultant.” new federal consumer agency—the 140 countries participated in the In his newly published book, Consumer Financial Protection Bu- final ‘Diplomatic Conference’ in “Critical Race Consciousness: Re- reau—established in the aftermath of Beijing that sealed the deal.” During considering American Ideologies of the financial meltdown. In January the summer, Hughes was in Beijing In his newly Racial Justice” (Paradigm Publish- of this year, I became the director of teaching in their State Intellectual published book, ers), Georgetown University Law enforcement at the bureau, pursuing Property Office. Georgetown Center Professor gary peller criti- violators of federal consumer laws jenny ross, who left the practice University cizes conventional civil rights ideas. in areas like mortgages, credit cards, of environmental and criminal law Law Center He argues that today’s mainstream payday, student and auto loans, debt for her passion, wildlife photog- Professor Gary views about race reflect the victory collection, and credit reporting.” raphy, recently received the World Peller criticizes of a conservative and apologetic vi- Press Photo Awards’ first prize, in conventional sion of racial justice rather than what 1985 anne g. batter has rejoined the Nature single image category. civil rights ideas. he describes as a more compelling Baker & McKenzie as a partner in alternative articulated in the 1960s the firm’s tax practice in Washing- 1988 and 1970s by Malcolm X, the Black ton, D.C. She previously worked 25th Reunion April 19-21, 2013 Panthers and others. Peller has there from 2000 to 2008. Batter has taught at Georgetown Law since 1989 25 years of experience in planning jill c. owens has joined Goldberg and specializes in constitutional law, executive compensation and fringe Segalla as special counsel in its busi- contracts, torts and legal theory. He benefits arrangements, assisting ness and commercial, product liabil- is a widely recognized contributor clients in executing their plans, and ity, and professional liability practice to the critical legal studies and criti- successfully defending her clients’ groups in White Plains, N.Y. She cal race theory movements, and he positions both before the Internal concentrates her practice in the areas was instrumental in developing the Revenue Service and in court. She of products liability, class actions, Georgetown Law alternative first- also handles excise tax matters, FINRA arbitration and insurance year curriculum program. particularly those involving the air coverage litigation. She also serves transportation excise tax. Most re- as a board member of the West- 1983 cently in her career, she was the vice chester Women’s Bar Association 30th Reunion April 19-21, 2013 chair of Miller & Chevalier’s Foundation. Before joining Goldberg “I’ve become the employee benefits practice. Segalla, Owens was associated for negotiator for the scott bales has been named vice greg sergienko became a fac- many years with Simpson Thacher & U.S. on copyright chief justice by his colleagues on the ulty member and associate dean of Bartlett in its Manhattan office. issues at the World Arizona Supreme Court, where he academics at Concordia University kenneth h. zimmerman became Intellectual Property has served as a justice since 2005. School of Law in June. Located in the new director of U.S. programs Organization.” This past spring, he was also a visit- Boise, Idaho, the school is part of for Open Society Foundations dur- ing lecturer at the King Hall School Concordia University, a Lutheran ing the summer and now directs a of Law at UC Davis, and he regularly liberal arts university in Portland, grantmaking body that over the past teaches as an adjunct professor at the Ore. Sergienko previously served as several years has given more than law schools at Arizona State Univer- the associate dean of academics and $100 million in support annually to

50 harvard law bulletin fall 2012

41-65_HLB_Fall12_07.indd 50 9/24/12 11:14 AM PROFILE IN D.C., RONALD MACHEN JR. ’94 HEADS NATION’S LARGEST U.S. ATTORNEY’S OFFICE

Prosecutor on the Potomac

JUNE 8, 2012, was a both federal and local particularly busy day crimes and handle a for Ronald Machen Jr. range of civil matters. ’94, U.S. attorney for the (In fi scal 2011, the offi ce District of Columbia. U.S. collected $138.6 million Attorney General Eric in civil actions.) Holder named Machen Machen fi rst joined to oversee investigations the offi ce after a stint into the leaking of na- at the D.C. fi rm Wilmer, tional security secrets to Cutler, Pickering, Hale the press. In D.C. Superior and Dorr and a clerkship Court, 71 defendants on the 6th Circuit. He made their fi rst appear- returned to WilmerHale ances on charges that to build his criminal ranged from assault with defense experience, the intent to murder, become partner and earn to sexual abuse and enough money to pay off numerous drug crimes. his law school loans. Machen also held a press When the U.S. at- conference to announce torney’s job opened up OF JUSTICE DEPARTMENT guilty pleas made by in 2009, Machen sought former D.C. City Council the recommendation of A THICK SKIN, A SENSE OF FAIRNESS, AND A VISION TO WIN Chair Kwame Brown, for Eleanor Holmes Norton, bank fraud and campaign D.C.’s delegate to the CASES AND DO JUSTICE HAVE SERVED MACHEN WELL. fi nance violations. House of Representa- Brown’s conviction tives, who submitted his was among at least 78 name to President Barack staff. National secu- disrespected at a party, was introduced to the others stemming from Obama ’91. rity cases have taken and you fi nd yourself in skills of successful trial Machen’s offi ce’s investi- While an assistant his prosecutors to 25 the middle of a gang war. lawyers in classes taught gations of public offi cials U.S. attorney, Machen nations, securing indict- Having our unit puts us by Professor Charles since 2010. took pride in being able ments involving U.S. ex- in a better position to Ogletree ’78. “Corruption happens to prosecute a variety of ports to Iran, espionage move quickly.” “You saw how much everywhere, as individu- crimes. As U.S. attorney, in Cuba and the drug He and his staff also skill it took to be persua- als lose their way, get he has come to appreci- wars in Mexico. devote time to communi- sive and good on your caught up and make ate specialization as a To curb local crime, ty outreach, with Machen feet,” says Machen. “But terrible decisions,” says way to build expertise his offi ce has stepped hosting an annual youth I wasn’t sure I wanted to Machen, 43, who lives in and effi ciency. up prosecution of local summit and holding be a trial lawyer.” Washington, D.C., with “I have been a strong gangs, which have terror- town meetings at local Ogletree, who ad- his wife and three sons, advocate of this ap- ized many D.C. neighbor- churches. “It helps build dressed prosecutors in ages 8, 11 and 22. “They proach, assigning prose- hoods. He formed a gang credibility and trust Machen’s offi ce about let people down and cutors to develop specifi c unit within his homicide among the citizens who ethics this summer, says betray their offi ce.” areas of expertise, such section, so his offi ce we are trying to serve his former student’s Machen’s confi rma- as investigating matters can act expeditiously to and who we need to sense of fairness has tion by the U.S. Senate in involving counterespio- stop violence before it make these cases,” he served him well. February 2010 brought nage, national security escalates. says. “It takes brilliance, a him back to the offi ce leaks, public corruption “Our offi ce needs Growing up in the thick skin, tolerance, and where he got his start as and health care fraud,” to understand the D.C. Detroit area, Machen vision to win cases and a prosecutor in 1997. He he says. culture, with one gang arrived at Harvard after do justice,” says Ogletree. now runs the nation’s The D.C. corruption controlling one block, graduating from Stanford “Ron has been success- largest U.S. Attorney’s cases were among an and another gang University, where he ful because he has both Offi ce, with about 300 estimated 20,000 handled controlling the next,” he played wide receiver for goals in mind.” attorneys who prosecute annually by Machen’s says. “Someone could get the football team. He —david mckay wilson

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groups that work for equality, fair- patrick ’82 and confirmed by the had a 19-year civil litigation practice ness and justice in the United States. Governor’s Council. Salinger served at the Salt Lake City firm of Parsons He is also a senior nonresident fellow as a Massachusetts assistant attor- Behle & Latimer. at the Brookings Institution’s Metro- ney general for six years and before hyun chung has joined Green- politan Policy Program and adviser that was in private practice at Palmer berg Traurig as a shareholder in its to HLS’s new Public Service Venture & Dodge. New York City corporate and securi- Fund. Zimmerman was previously ties practice. Focusing on enhanc- a litigation partner heading the pro 1991 porus f. kaka ll.m., senior ing the firm’s practice in Korea and bono practice group at Lowenstein advocate and a member of the In- throughout Asia, Chung practices Sandler in Roseland, N.J. He was also come Tax Appellate Tribunal Bar As- corporate and securities law, with part of the presidential transition sociation in Mumbai, India, has been an emphasis on corporate finance team preparing the Obama adminis- appointed president of the Interna- and structured products, as well as tration’s strategy for the Department tional Fiscal Association. He will derivatives. Prior to joining the firm, of Housing and Urban Development take office on the conclusion of the he was director and counsel at Credit and senior adviser to Housing Sec- Copenhagen, Denmark, Congress in Suisse Securities (USA). retary Shaun Donovan following the 2013 and will serve until 2015, subject matthew f. leitman has become inauguration. to further extension till 2017. Kaka a litigation and trial group deputy will preside over the IFA Congress group leader at Miller Canfield in 1989 Seneca Nation President in Mumbai in 2014 and the Lucerne, Troy, Mich., where he is senior prin- robert odawi porter was honored Switzerland, Congress in 2015. The cipal and his main practice areas with a distinguished alumnus award Netherlands-based IFA, which has are complex commercial litigation, by Syracuse University’s Western nearly 12,000 members from 103 criminal defense and appellate litiga- New York Alumni Association in countries, focuses on the study and tion. In addition, Leitman and noah May. His term as president began advancement of international and p. hood ’11 hosted this year’s annual in November 2010 and ends this comparative law in regard to public gathering of the Harvard Law School November. When he was elected, finance. Association of Michigan. Alumni New role as the he took a leave from his position as gathered to honor and hear from general manager of professor, Dean’s Research Scholar 1992 lawrence bloch has joined Harvard Law graduates on the Mich- ASPiRE, the cable of Indigenous Nations Law, and di- Infinity Pharmaceuticals, based in igan bench, including U.S. District television network rector of the Center for Indigenous Cambridge, Mass., as executive vice Judge john corbett o’meara ’62, Law, Governance & Citizenship at president, chief financial officer and Wayne County Circuit Judge ulysses Syracuse University College of Law. chief business officer. Prior to join- boykin ’70, U.S. District Judge mark Porter was Seneca Nation’s first legal ing Infinity, Bloch served as CEO a. goldsmith ’77 and Judge eric counsel, setting up its Department of NeurAxon, a company focused cholak ’90. Leitman and Hood serve of Justice in 1991, developing an in- on developing next-generation pain as president and vice president, re- house legal department to administer therapeutics, from 2007 to 2011. He spectively, of the HLSAM. its legal affairs and eventually over- began his career as an emergency seeing its law enforcement agencies. medicine resident physician at Mas- 1994 “This is both historic in the He is married to Odie Brant Porter, a sachusetts General Hospital and larger context [and] also person- citizen of the Seneca Nation and CEO Brigham & Women’s Hospital. In ad- ally very exciting,” writes paul of its construction management com- dition to a J.D. from HLS, he holds an butler of his new role as the gen- pany, and they have four children. M.D. from Harvard Medical School eral manager of ASPiRE, the cable judith v. windhorst has been and an M.B.A. from Harvard Busi- television network owned by former elected to the Jefferson Bar Associa- ness School. L.A. Laker Earvin “Magic” Johnson tion (Jefferson Parish, La.) board of The World Trade Organization which launched this past summer. directors as an at-large member. A appointed chang seung wha ll.m. Previously senior vice president partner at the Jones Walker law firm s.j.d. ’94, a professor in trade law at and general counsel of Gospel Music in New Orleans, she handles corpo- Seoul National University, to join its Channel, Butler reports directly to rate shareholder disputes, complex seven-member appellate body. Chang Johnson, network chair, oversee- tort litigation and environmental settles international trade disputes ing all operations and helping craft matters. alongside representatives of the U.S., a lineup of original shows, movies the E.U., China, India, Mexico and and documentaries for the African- 1990 john rhodes recently South Africa. American-targeted Comcast net- published two related articles: “To work. Be or Not to Be: Who Is an ‘Indian 1993 soni h. mithani, a principal in Person’?,” 73 Montana Law Review 20th Reunion April 19-21, 2013 the Ann Arbor, Mich., office of Miller 61 (Winter 2012) and “Who Is An Canfield, has become a litigation and Indian,” The Champion (May 2012). In June, james blanch was ap- trial group deputy group leader at He is an assistant federal defender pointed as a judge for the 3rd District the firm. She specializes in litigation for Federal Defenders of Montana in Court of the state of Utah by Utah and dispute resolution and oversees Missoula. Gov. Gary R. Herbert. The 3rd Dis- a diverse caseload that includes com- ken salinger has been appoint- trict Court is the state trial court of mercial contract matters, business ed to serve as an associate justice of general jurisdiction covering Salt tort disputes, construction cases and the Massachusetts Superior Court; Lake, Summit and Tooele counties. securities litigation. he was nominated by Gov. deval Prior to this appointment, Blanch

52 harvard law bulletin fall 2012

41-65_HLB_Fall12_07.indd 52 9/24/12 11:14 AM PROFILE GREG STOHR ’95 WAS FIRST TO REPORT ON HIGH COURT’S HEALTH CARE LAW DECISION

Supreme Reporting

NOT EVERY U.S. reporters, including Supreme Court decision Stohr, stood waiting to is awaited by a breath- receive hard copies of the less nation. But when an decision. Television re- issue strikes fi re with the porters perched outside greater populace, those on the courthouse steps. tasked with covering the The nation’s reception high court had better get of this much-awaited it right. opinion would depend When the justices wholly on the journalists’ ruled on President interpretation: For ap- Obama’s health care law proximately the fi rst half- this summer, Greg Stohr hour, the Court’s own was fi rst, and Greg Stohr website would crash, and was right. no one outside the Court Stohr ’95, who covers would have access to the the Court for Bloomberg, actual opinion for what is credited with having amounted to eons in delivered the decision news time. to the news wires just At 10 a.m. in G42, 52 seconds after Chief reporters focused on a Justice John G. Roberts Jr. well-guarded large white ’79 began speaking, the box, which held copies of equivalent of a gold-med- the printed decisions. al win in the Olympics “We’re pretty col- Jones and other outlets of news delivery, made legial,” Stohr says. “The A GOLD-MEDAL followed; Fox and CNN even more impressive competition [usually] has would later have to because the decision to do with who can write IN THE OLYMPICS OF NEWS DELIVERY change course on their was initially misreported the best story explaining initial reports that the by other outlets, most what the Court just did. mandate had been struck notably CNN (an epic fail ... There really are few Six seconds later, at the commerce clause. down (at 10:07:39 and in the Olympics of news scoops.” 10:06:46, Bloomberg was “I think everybody’s 10:07:44, respectively). delivery). But that day, there the fi rst to publish that a fi rst reaction was, ‘Wow, For Stohr, who has So how did Stohr beat was a scoop to be had. decision had been issued. it reads like they struck it been covering the Court out everyone else? Fore- While eager to be fast, That was the easy down,’” Stohr says. since 1998 and loves “see- most, he remained calm. Stohr was aware of the part, says Stohr. Now the In fact, as those who ing history fi rsthand,” it While the justices potential for error in race was on to fi gure out kept reading would was a chance to be part took their places in reporting the nuanced what the decision was. discover, the syllabus of history—but not in the the courtroom on the opinion, which came Stohr says he tried went on to state that the same way CNN and Fox morning of June 28, after three days of oral ahead of time “to think individual mandate was were. “the atmosphere [was] arguments in March through all the shades valid under Congress’s “We’re in a world tense with anticipation,” over challenges to the of gray that could occur” tax power. where people expect to reported Tom Goldstein, controversial health care with the decision, which At 10:07:32, 52 seconds get things immediately,” who teaches at HLS and law brought by 26 states ultimately proved key after Roberts began to Stohr refl ects. “With the is publisher of SCOTUS- and other plaintiffs. because, in the syllabus speak and reporters got health care decision, I blog, which also covered At 10:06:40, the chief that dozens of journal- the paper decision, Stohr was absolutely going to the decision and later justice began delivering ists and their teams were had correctly analyzed it get that out as fast as I analyzed the timing of the Court’s decision by frantically scanning, the and published the head- could … but only as soon media response. stating, “I have the an- Court wrote fi rst that the line “Obama’s Health- as I was confi dent we had Downstairs in tiny nouncement in …” individual mandate was Care Overhaul Upheld by the right answer.” public information room The white box was not a valid exercise of U.S. Supreme Court.” —natalie singer G42, more than a dozen opened. Congress’s power under Reuters, AP, Dow

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1995 kathleen (handke) nan- was an assistant United States attor- of transactions, particularly project dan and her husband, Kumar, ney in New Orleans. finance and development. He has joyfully announce the arrival of their represented the government of Saudi daughter, Maya Rose Kumari, born 1996 khalid al-thebity ll.m. Arabia for more than 15 years, advis- April 11 and welcomed home April leads a group of eight former Dewey ing it during several major initiatives 23. Having previously served as chief & LeBoeuf professionals who were and transactions, and in matters of and deputy chief of the Forfeiture added this year to Patton Boggs’ international trade compliance. Unit in the U.S. Attorney’s Office for M&A, capital markets, litigation, Virginia Law & Business Review the Eastern District of New York, energy and Islamic finance practices published the article “All on Board! where she has worked since Septem- in Riyadh, Saudi Arabia; Wash- Strategies for Constructing Diverse ber 2000, Nandan currently serves as ington, D.C.; and New York City. Boards of Directors” by seletha r. principal deputy chief of the office’s His firm previously served as the butler this year. It can be accessed Civil Division. Riyadh office affiliated with Dewey at http://bit.ly/Butlerarticle. Fol- tania tetlow and her husband, & LeBoeuf, and he now manages lowing about 14 years in private and Gordon Stewart, announce the birth the Patton Boggs affiliated office in corporate law practice, in 2011 Butler in May of their daughter, Lucy. This Riyadh. Practicing in the areas of joined Georgia Institute of Technol- year Tetlow received tenure from Tu- corporate, commercial, and financial ogy’s Ernest Scheller Jr. College of lane University Law School, where law, as well as real estate and Saudi- Business in Atlanta as an assistant she teaches about domestic violence specific litigation and arbitration, professor of business law and ethics. and writes about race and gender Al-Thebity primarily focuses on as- brooke deratany goldfarb’s discrimination by juries against the sisting clients in the energy and real article “My Achy-Breaky Heart” ap- victims of crimes. Before that, she estate industries with a broad range pears at Mediate.com. She is presi-

ALUMNI RESEARCH International Security Interests

LIKE MANY HLS to Abraham, a fi rst-of- different systems.” ent experiences helped one I could not have done students, Arvin Abraham its-kind comparison of He was inspired to bolster the article, said alone.” ’09 took a job as an the regimes for secured fl esh out his 3L paper by LoPucki, a professor at For Abraham, the associate at a law fi rm transactions in the Unit- LoPucki, who taught his UCLA School of Law who greatest challenge was after graduating. Yet, ed States and England. Secured Transactions has been a frequent delving into a major he did not leave his law With more cross-border class at HLS and who also faculty visitor to HLS. academic project while school academic pursuits bankruptcies taking recommended Delahaye, While he understood the practicing as a fi rm behind him. Thanks to a place, he explained that another former student American system, he was associate. At the same collaboration the topic is in the same class, to be a looking for an time, partners Abraham with a former particularly co-author. entrée into the in the fi rm professor, relevant now. As it turns out, both British system, helped by Lynn LoPucki “It’s a of the recent grads are he said. reading the LL.M. ’70, and very volatile associates at Sullivan “We each paper and a colleague, time for the & Cromwell: Abraham, had access offering Delahaye Bernd economy, and whose background is to different comments. He Delahaye LL.M. ’11, he companies are getting in U.S. law but who also books, different research would undertake such is seeing the topic of his more multinational,” said studied English law at systems and different ar- a project again in the 3L paper expanded into Abraham. “We’re seeing University of Cambridge, eas of expertise,” he said. future, he said. a lengthy law review more and more bankrupt- in the London offi ce, and “Yet we all had a common “It’s a nice comple- article to be published cies impact multiple ju- Delahaye, who studied at ‘systems’ perspective ment to working as a this fall. risdictions. Oxford and has on security interests transactional attorney Scheduled for publica- So I think a background because both had taken to be able to explore tion in the Notre Dame it’s very in U.K. and my Secured Transac- the law beyond the Law Review, the article valuable European law, tions course and read my boundaries of just the “Optimizing English to have an in the New York casebook co-written with deals you’re working on,” and American Security understand- City offi ce. HLS Professor Elizabeth Abraham said. Interests” is, according ing of these LoPucki Their differ- Warren. The project is —lewis i. rice

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dent of Peaceful Beach Mediation & ing communities. Kiefer shares a his- the disclosure of a multibillion-dollar Collaboration Inc. in Indialantic, Fla. torical connection between HLS and corporate fraud scandal in 2005.” The name of francisco gonza- Dane County. He writes: “The county Garcia lives in Long Island, N.Y., with lez’s (LL.M.) Santiago, Chile, law is named in honor of Massachusetts his wife, Amy, and their three sons, firm was changed to Barros Letelier legislator Nathan Dane. Nathan Dane Charlie (9), Ryan (6) and Will (3). & Gonzalez to recognize his 23 years was also an early benefactor of HLS, thomas b. snyder has joined working there. He now heads the liti- and both Dane Hall in the Gropius Crowe & Dunlevy in Oklahoma City gation department. complex and the Dane Professorship as a director in the litigation and trial Former Oregon Attorney General of Law are named after him.” and the white-collar crime practice john kroger is the new president of allison leotta is the author groups. Prior to joining Crowe & Reed College, a liberal arts college in of “Discretion” (Touchstone, 2012). Dunlevy, he was an associate in liti- southeast Portland. He was also pre- When an escort is found dead, evi- gation at Sheppard, Mullin, Richter viously a tenured professor at Lewis dence of murder leads to a power- & Hampton in San Diego. He has also & Clark Law School, where he taught ful congressman in the midst of an worked as an assistant United States criminal law and legal philosophy. election campaign. In this thriller, attorney for the Southern District of Leotta, a former federal prosecutor, California. 1997 nerissa coyle mcginn has delves into the shadowy world of been promoted to partner at Loeb & sexual liaisons among the D.C. elite, 2000 nick akers (J.D./M.P.H.) has Loeb in Chicago. Her practice focuses as uncovered by the assistant U.S. been appointed supervising deputy on matters involving the conver- attorney on the case. She blogs about attorney general for the Consumer gence of advertising and promotions, what TV crime dramas get right and Law Section of the California At- emerging media, technology, and wrong, from her perspective as a torney General’s Office in San Fran- privacy law, as well as intellectual former federal sex-crimes prosecu- cisco. When an escort property law, focusing on trademark tor. She writes, “The ABA named is found dead, clearance and counseling. my blog, The Prime-Time Crime 2001 The National Association of evidence of murder judd serotta has joined the Review, one of the best legal blogs in Women Lawyers named kristin d. leads to a powerful legal advisory board of the nonprofit America.” sostowski to its executive board as congressman in the Louis D. Brandeis Center for Human In July, scott andrew selby a member at large in July. New York midst of an election Rights Under Law, an independent wrote: “I am now living in Los An- City Mayor Michael Bloomberg per- campaign. organization that works to combat geles, and my second book is com- formed the swearing-in. Sostowski the resurgence of anti-Semitism on ing out on an imprint of Penguin in currently serves as one of the tri- college and university campuses. September. [See Page 58.] More info chairs of the organization’s program He is a partner at Blank Rome in at www.TheAxmannConspiracy.com. committee, and this is her second Philadelphia and has been litigating If any other HLS alumni want to talk yearlong term as an executive board complex commercial disputes in dif- about writing, they should get in member at large. She is also a trustee ferent federal and state jurisdictions touch with me through that site.” at large for the New Jersey Women throughout the United States, as well Lawyers Association. Sostowski is a as through alternative dispute reso- 1999 christopher l. garcia has director in Gibbons’ employment and lution, for nearly 15 years. President joined Weil, Gotshal & Manges in labor law department in Newark, N.J. of the Philadelphia chapter of the New York City as a partner in the Federalist Society for Law and Public firm’s securities litigation and white- 2003 Policy Studies since 2003, Serotta is collar defense and investigations 10th Reunion April 19-21, 2013 currently serving his second two- groups. He writes: “Prior to joining year term on the New Jersey Advi- Weil, I was chief of the Securities jasleen kohli writes that she is sory Committee to the United States and Commodities Fraud Task Force now the director of the Critical Race Commission on Civil Rights. in the U.S. Attorney’s Office for Studies Program at UCLA School of the Southern District of New York, Law, which focuses on the intersec- 1998 where I led a unit of more than 35 tion of race and law. 15th Reunion April 19-21, 2013 prosecutors, law enforcement agents, Gay & Lesbian Advocates & De- and staff in all aspects of more than fenders staff attorney janson wu In June, justin anand was sworn in 300 securities fraud investigations, was named the 2012 recipient of the as a United States magistrate judge trials and appeals. During my tenure, American Constitution Society’s Da- for the Northern District of Geor- I supervised the United States At- vid Carliner Public Interest Award, gia, in Atlanta. “I loved serving as torney’s Office’s recent crackdown on becoming the first LGBT-identified a federal prosecutor in Atlanta for insider trading, including the pros- attorney to receive the honor. A the last eight years,” he writes, “but ecutions of Raj Rajaratnam and Rajat member of GLAD’s legal staff since I am proud to now take the bench as Gupta, as well as the investigation May 2006, Wu has been lead attor- one of the youngest federal judges and prosecution of matters arising ney on a variety of successful cases and one of the first Asian-American out of the 2008 financial crisis and involving transgender rights and is federal judges in the southeastern the Bernard Madoff fraud. Prior to a member of the legal team litigating United States.” my appointment as chief, I was one GLAD’s two cases challenging the tim kiefer was elected to the of the lead government lawyers who federal Defense of Marriage Act. One board of supervisors for Dane Coun- successfully prosecuted four execu- of those cases, Gill v. Office of Person- ty, Wis., which encompasses the state tives at Refco, the New York broker- nel Management, recently became the capital of Madison and its surround- age firm that collapsed in the wake of first case to win a judgment from a

fall 2012 harvard law bulletin 55

41-65_HLB_Fall12_07.indd 55 9/24/12 11:14 AM class notes

federal appeals court that DOMA is unconstitutional. Wu is also a vice 2006 On Aug. 3, Lt. Col. robert g. 2010 john oppermann left his chair of the Sexual Orientation/ “butch” bracknell ll.m., U.S. Ma- law firm job at Dechert to become Gender Identity Committee of the rine Corps, was awarded the Ameri- deputy director at Earth Day New IRR Section of the ABA and serves can Bar Association’s Career Military York, a nonprofit in New York City on the ABA’s Commission on Sexual Lawyer of the Year award at the that promotes environmental aware- Orientation and Gender Identity and ABA’s annual meeting in Chicago. He ness and solutions. Focusing on on the Legal Committee of the World is assigned to the Office of Military programs and sponsorships there, Professional Association for Trans- Commissions in Washington, D.C. he currently manages annual Earth gender Health. alex ewing has joined the liti- Day New York programs such as the gation group at Wolf Greenfield in Amp Up Student Summit, which 2004 bryan t. bennett has joined Boston. Previously a senior associ- connects young people with ongo- Duane Morris’ health law practice ate focused on patent litigation at ing environmental advocacy cam- group as a special counsel in the WilmerHale, he has litigation experi- paigns, and the Passport to Green firm’s Philadelphia office. He previ- ence in wireless communications, NY program, which partners with ously served as assistant general alternative energy, semiconductor green businesses in the city. He also counsel at electronic health records manufacturing and high-tech testing works closely with EDNY’s partner systems provider Epocrates Inc. Ben- equipment. organizations and sponsors. Prior to nett focuses on mergers and acquisi- joining EDNY, Oppermann worked tions, corporate finance, corporate in both corporate law and energy and governance, securities law and issu- 2007 holly l. gershow has climate change policy. He also chairs ances, and regulatory compliance. He joined Hill Ward Henderson in Tam- the HLSA Recent Graduates Council has handled numerous transactions pa, Fla., as an associate in the firm’s Environmental Network. within the health care industry for litigation group. Her practice en- elizabeth m. ryan has joined health care providers, medical device compasses a broad range of complex Weil, Gotshal & Manges in Dallas as manufacturers, chemical companies, litigation matters in federal and state a litigation associate. © be part of the technology firms and related busi- courts at both the trial and appellate stephanie (ehresman) suarez picture. send us nesses. levels. Prior to joining Hill Ward was appointed as a law clerk to E. your news! Henderson, Gershow was an associ- Thomas Boyle, magistrate judge for 2005 brad siegele participated ate at Irell & Manella in Los Angeles. the Eastern District of New York, in Taught law in the Ride for World Health cross- christian jenner has joined the July. She was previously an associ- in Turkestan? country bicycle race that took place law firm Partridge Snow & Hahn in ate with Nixon Peabody in Jericho, Expanded your from April to June. R4WH is a cy- Providence, R.I., as a litigation as- N.Y. On Aug. 18, she was married to family? Segued cling team and 501(c)3 organization sociate. Ralph Daniel Suarez IV, the creative into a new career? based in Columbus, Ohio, that is cen- In August, katarzyna klaczyn- director for New Vitality, a health Send your updates tered around a 3,700-mile ride from ska ll.m. became the head of energy and wellness company. They live in to bulletin@law. San Diego to Washington, D.C., and legal practice at Ernst & Young in Long Beach, N.Y. harvard.edu brings together activists from across Poland. She is coordinating projects jana volante has been named the country to raise funds to sup- related to energy, oil and gas, and to the Pittsburgh advisory council of port nonprofit organizations such as climate change. Strong Women, Strong Girls, a men- the 2012 beneficiaries, Louie’s Kids, toring program dedicated to raising MANA and SOIL. Siegele is a fourth- 2008 the aspirations and self-esteem of el- year medical student at the Univer- 5th Reunion April 19-21, 2013 ementary school girls by connecting sity of Texas Southwestern. His wife, them with college women in Pitts- Nicole, is a co-national rider. Siegele chad deveaux ll.m. has joined burgh, Boston and Miami. Volante says they have competed in two half Concordia University School of is a litigator with the law firm of Fox marathons and a triathlon and that a Law in Boise, Idaho, as an associate Rothschild in Pittsburgh. full marathon is in his future. professor. He previously spent three years as an assistant professor at 2012 william marra and sonia mcneil solution to crossword puzzle Western State University College of are authors of a research Law in Fullerton, Calif. Prior to be- paper written for Lawfare, the na- 1 2 3 4 5 6 7 8 9 10 11 12 13 B A N C H A V O C E P P S ing a law professor, he practiced law tional HLS/Brookings Institution 14 15 16 A REA A LETA M EET for seven years, most recently at the security blog. In their short briefing 17 18 19 T IER C ANON I PSE San Francisco office of DLA Piper. paper, “Understanding ‘The Loop’: 20 21 22 A DLA ISTEVENSON 23 24 Regulating the Next Generation of I ME A GE I ST 2009 25 26 27 28 29 30 “I’m going back into govern- Drones,” they address the question J O H NANDE R SON j.b. tarter 31 32 33 34 35 36 ment,” wrote in May. of what policymakers need to un- O RE J DATE S CAR E 37 38 39 40 41 B EER A WH I P E XAM “While I’ve learned much in derstand about “the next generation 42 43 44 45 46 S OLAR N ICAD E LI my time at Morgan Lewis doing ap- of autonomous systems” as drones 47 48 49 P ATSCHROEDER pellate work, I couldn’t turn down become more sophisticated and less 50 51 52 53 A L I STS A ND the opportunity to return to govern- dependent on human operators and 54 55 56 57 58 59 M ICHAELD U KAK I S ment service in the national security are used more widely. 60 61 62 63 A TEE T ORRE O NCE field. I’m going to be the assistant chase romney has joined Jones 64 65 66 I RAE S ENSE C FOS 67 68 69 general counsel for operations at the Waldo in Salt Lake City as an associ- N EXT E BOAT H OW L Defense Intelligence Agency.” ate focusing on real estate law.

56 harvard law bulletin fall 2012

41-65_HLB_Fall12_07.indd 56 9/24/12 11:14 AM PROFILE TWO ALUMNI ENTREPRENEURS; TWO NEW VENTURES

Startups and Upstarts

ENTREPRENEURS, AS MAN- money was good, and he was on the offi ce, freeing up AGEMENT guru Peter Drucker a path that would be considered counselors and staff has written, “create something a dream for many young attor- to spend more time new, something different; they neys. And yet, he couldn’t shake serving students. Ben Longoria ’03

change or transmute values.” the thought that he should “Ben was instru- KINGSTON IV ©WIZDOCS JOHN T. That’s not easy to do, as two give it all up to start his own mental in making Harvard Law grads—one just company. a shift in our offi ce that could potentially result.” embarking on a new startup, the “When you get an idea to in how we did business,” said When the class ended, other working to build a busi- invent something, it’s like a Weber. “He looks where there is their desire to pursue the plan ness he developed—can attest. nagging bug. For the longest a problem and asks how he can continued, driven by a sense But they also can speak to the time I kept repressing that,” he make it better.” of camaraderie and a common excitement of seeing a need and said. “But something in me kept Patrick Ho ’12 also saw a purpose. Their belief in the seeking to fi ll it, and doing it in a building, saying, ‘You have to do problem to solve, though it’s concept was reinforced when way that has never been they won the Harvard University done before. President’s Challenge for social For Ben Longoria ’03, “WHEN YOU GET AN IDEA TO INVENT SOMETHING, IT’S entrepreneurship, which came the idea started, as it of- with a $70,000 grant for the ten does with him, when LIKE A NAGGING BUG.” —BEN LONGORIA company they are calling Vaxess he tried to make things Technologies (in addition, they more effi cient. As an associate it; you have to take the chance.’ not one he or most people in also won the Harvard Business with Fenwick & West handling I remember thinking, If I don’t the West experience person- School Business Plan Contest). mergers and acquisitions, he do this now, I’m never going to ally. It began in the fall of 2011, Ho will oversee licensing and had to oversee the review of do it.” when he took a class at Harvard regulatory affairs, a complex hundreds, sometimes even thou- He left in 2008 to start Business School and was given responsibility because of the sands, of documents to facilitate Wizdocs to offer products that an assignment to devise a com- medical and international a deal. Much of the process had help lawyers manage diligence mercial plan for a scientifi c aspects of the company. It’s a to be done by calling or emailing reviews in M&A transactions as technology. He and three class- daunting challenge for someone someone and waiting for their well as organize general legal mates chose an invention by who just graduated from law reply. It was cumbersome and documents. He now spends two Tufts professors designed to school, he acknowledged. But he frustrating, he said, and forced much of his time pitching the stabilize vaccines in silk-based is grateful for the chance to start him to devote most of his time products to fi rms, bolstered by materials, allowing them to be something new in a company to administrative work instead his experience as an attorney. viable at high temperatures and that could make a difference to of legal analysis. The challenge, he said, is that eliminating the need for refrig- people across the world. “Every other associate in my the legal market can be resistant eration, which is often lacking “For me, it was a tremendous fi rm and every fi rm had the ex- to innovation and reluctant to in poor parts of the world. The stroke of luck in my third year act same problem,” said Longo- change (indeed, he quips that self-described “science geek,” of law school to happen upon ria. “It was just that I decided to the last technological break- who studied physics in college, something that brought all my do something about it.” through at many fi rms was gravitated toward the idea of interests together,” Ho said. Aiding his search for a solu- email). Oftentimes it’s clients changing society through scien- —lewis i. rice tion was his longtime passion wanting law fi rms to meet a bud- tifi c discovery.

for technology, nurtured by his get who help drive his business “We have what we Patrick Ho ’12 single mother, who bought him a because they are—like him— call a double bottom- Commodore 64 computer when focused on effi ciency. line business,” said Ho. he was 5 years old. While at the That focus was evident “We have something fi rm, he started programming in when Longoria was a student at we think could be sus-

his spare time, which culmi- HLS. Working for the Offi ce of tainable as a business UNIVERSITY NEWS OFFICE HARVARD nated in an application that Career Services, he found that it and profi table; at the digitized and automated the offered no materials online and same time we’re re- corporate transaction process. scheduled appointments via a ally excited about the At the same time, his career paper binder. He worked with global health aspects, was progressing at Fenwick & the then new head of Career Ser- about the increase West. His job was stable, the vices Mark Weber to automate in access to vaccines

41-65_HLB_Fall12_07_r1.indd 57 9/26/12 11:37 AM HLS AUTHORS SELECTED ALUMNI BOOKS

and enlarges our sensibilities, Kellogg “Client Science: Advice for Law- “The Greek Search for Wisdom,” by writes. His goal is “to take the measure yers on Counseling Clients michael k. kellogg ’82 (Prometheus). of human wisdom and the highest through Bad News and Other Legal The author offers a cultural and histor- reaches of the human spirit.” Realities,” by marjorie corman aaron ical introduction to ancient Greece and ’81 (Oxford). No one likes to deliver bad devotes chapters to the period’s most news—attorneys included. But often- compelling authors and their writings. “The Axmann Conspiracy: The times providing honest and difficult An appreciation of these masterworks, Nazi Plan for a Fourth Reich and advice is a crucial part of the job, and ranging from the epic poetry of Homer How the U.S. Army Defeated It,” Aaron offers her own advice on how to the drama of Sophocles to the phi- by scott andrew selby ’98 (Berkley). best to do it. The former executive di- losophy of Plato, enriches our lives The Nazi threat did not die with Hitler, rector of HLS’s Program on Negotiation and now professor at the University of Cincinnati College of Law shows how to bolster the lawyer-client relationship and ultimately enhance legal practice.

“The Guilty Ones,” by joanna crispi ’81 (NYQ). In her third novel, Crispi’s experience as a criminal defense attor- ney informs the tale of an HLS alumna who gives up that career to live abroad with her husband, a Parisian banker, only to be upended by his arrest in a Rome airport. According to the author, the premise of the book stems from the lessons she learned as a young attorney assisting Professor Alan Dershowitz on the Claus von Bulow appeal.

“The Girls and Boys of Belcher- town: A Social History of the Belchertown State School for the Feeble-Minded,” by robert horn- ick ’70 (University of Massachusetts Press). Through the story of a state school in Massachusetts, Hornick ex- poses the history of society’s negligent treatment of people with intellectual disabilities. The Belchertown State School and other such institutions, he writes, served “as venues of quarantine rather than pedagogy” for those whom the state at one time called “the idiots of Massachusetts.” The author recounts the abuses of the residents that took place at the school and its eventual closure in the early 1990s.

58 harvard law bulletin fall 2012 Illustration by melinda beck

41-65_HLB_Fall12_07.indd 58 9/24/12 11:14 AM JUDGING THE MEANING OF WORDS “Reading Law: The Interpretation of Legal Texts,” by antonin scalia ’60 and as Selby recounts in this previously bryan a. garner (West). It may seem untold history of the post-World War obvious to declare that words have mean- II attempt to re-establish Nazi domi- ing. But in the view of Supreme Court nance. The book tells the story of Artur Axmann, a member of Hitler’s inner Justice Scalia and his co-author, known circle who re-formed the Nazi party for his writing on language and the law, in Allied-occupied Germany, and the many judges need to learn that lesson. undercover work of U.S. Army Counter Describing themselves as textualists, they Intelligence Corps Officer Jack Hunter and other agents who discovered and argue that “the established methods of thwarted the conspiracy. judicial interpretation, involving scru- pulous concern with the language of legal instruments “In Doubt: The Psychology of the and its meaning, are widely neglected.” And the conse- Criminal Justice Process,” by dan quences are dire, they write: unequal treatment of liti- simon s.j.d. ’94 (Harvard). The profes- gants, a distortion of governmental checks and balances, sor of law and psychology at the Uni- and a weakening of democratic processes. Their attempt versity of Southern California explores to clear up confusion in the fi eld of interpretation cov- the investigative biases that can cause injustice even in seemingly open-and- ers a wide range of language issues, including the use of shut cases. Grounded in a comprehen- the word “include” and how punctuation can indicate sive review of psychological research, meaning, as well as an examination of historical cases. the book shows breakdowns that can In one of them, the decision hinged on making a distinc- occur through faulty evidence collec- tion, coercive interrogations, mistaken tion between the meanings of the words “damage” and eyewitness identifications and jury “damages,” exemplifying, as they write, the importance misunderstanding. Simon proposes of “attention to text, and specifi cally to its original mean- reforms that, even in light of imperfect ing, that we seek here to promote.” human cognition, he contends will improve the accuracy of verdicts.

“Why Some Firms Thrive While “The Oath: The Obama White “Harvest the Wind: America’s Jour- Others Fail: Governance and Man- House and the Supreme Court,” by ney to Jobs, Energy Independence, agement Lessons from the Crisis,” jeffrey toobin ’86 (Doubleday). On the and Climate Stability,” by philip by thomas h. stanton ’70 (Oxford). In cover of Toobin’s latest book, two of warburg ’85 (Beacon). In the face of a twist on Tolstoy, the author contends the most prominent HLS grads stand America’s longtime reliance on fossil that when it came to surviving the face to face: President Barack Obama fuels, Warburg advocates harnessing financial crisis, unsuccessful firms ’91 and Chief Justice John G. Roberts Jr. an abundant alternative energy. The were all alike; every successful firm ’79. When it comes to the Constitution, former president of the Conserva- was successful in its own way. Stanton, however, they rarely see eye to eye, as tion Law Foundation travels to places who served on the staff of the Financial the author outlines in a book that illu- where wind power has thrived, such Crisis Inquiry Commission, outlines minates a battle between two branches as Cloud County, Kan., and other rural how failed concerns like Countrywide of government and two “honorable and areas of the Midwest, as well as farther neglected to manage risk and calls for intelligent” men. At its root, the conflict afield to Denmark and China. While leaders to “promote higher quality or- pits Roberts’ desire to use his posi- acknowledging the downsides of wind ganizational design and management.” tion “as an apostle of change” against power, the author contends that it can Obama’s determination “to hold on to help jump-start the economy and ad- an older version of the meaning of the dress the problem of climate change. Constitution,” writes Toobin.

fall 2012 harvard law bulletin 59

41-65_HLB_Fall12_07.indd 59 9/24/12 11:14 AM HLSA news

A GRATEFUL PRESIDENT, GIVING BACK Perito takes the reins of the HLSA with an eye toward mentorship, forging connections

Growing up in the Italian enclave of Boston’s North End, where Paul L. Perito ’64 his father owned a small appliance store, and later, in South Medford, paul l. perito ’64, the new president of the Harvard Law School Association, was the fi rst male in his family to fi nish high school, let alone go to college or attend law school. After his parents—who gave him “love and focus and the love of learning”—Perito credits HLS as “the singular most trans- formative educational experience in my life.” A recipient of the Edward John Noble Scholarship, which paid all his HLS expenses for three years, Perito is deeply grateful for the mentorship and rigor of Harvard Law. “Every day of my life, my HLS education plays a role in my decision-making,” says Perito, chairman, president and chief operating offi cer of Star Scientifi c Inc. (NASDAQ: STSI), a company that developed and patented technologies for reducing the major carcinogens in tobacco leaf and smoke and currently is focused on a nutraceutical compound, Anatabloc®, that it be- lieves holds promise for assisting in controlling excessive levels of infl ammation that impact a range of autoimmune-related LESLIE CASHEN diseases. He says of his training at HLS, “It disciplines me, steels lantern—I’ve met an honest Democrat in Washington.’” me from being overawed by the complex situations I deal with After Perito was nominated by Nixon in early 1972, then HLS on a daily basis.” Dean Albert M. Sacks ’48 and future Dean James Vorenberg ’51 One such situation came about after he’d graduated and immediately telephoned him and offered to testify on his behalf served for four years as an assistant U.S. attorney for the South- before the U.S. Senate. So did Robert W. Meserve ’34 (then presi- ern District of New York before becoming chief counsel and staff dent of the ABA and former president of the American College director to the U.S. House Select Committee on Crime, where he of Trial Lawyers), a mentor and trial instructor at HLS who’d ad- helped draft major anti-drug legislation. Perito remembers the vised Perito that a law degree from Harvard would give him more day in 1970 when, out of the blue, he received a phone call from opportunities to have an impact on the world than his original President Nixon’s chief of staff, H.R. “Bob” Haldeman, asking him plan of getting a Ph.D. from Harvard’s Graduate School of Public to a meeting at the White House that afternoon. “When I got Administration (predecessor of the JFK School of Government). there, Haldeman and [John] Ehrlichman were in the room with It’s advice that has resonated across his 45-plus-year career, the president, and they said, ‘Dr. Jerome H. Jaffe recommended and it’s the kind of support for which Perito feels especially you to be deputy director of the new drug abuse prevention grateful. He has eagerly taken the reins of the HLSA to work for offi ce,’ which became known as the Drug Czar’s Offi ce,” Perito the Association with which he’s been deeply involved, including recalls. 12 years as president of HLSA-DC. Perito, who is quick to laud the “I said, ‘Mr. President, perhaps you are not aware of the fact work of his HLSA presidential predecessors, including Sharon that I’m not a member of your party,’” he says, adding, with a Jones ’82, intends to build on their efforts. He wants the HLSA to laugh, “I thought Haldeman and Ehrlichman would come over continue to expand its services for older alumni and for women the table at me. But President Nixon said, ‘Does that make a dif- and minority graduates, and he plans to strengthen the many ference to you?’ I said no, and Association chapters around the U.S. and the world (it now has he said, ‘I have one question 37 chapters in 112 countries, including the U.S.). He also wants to ˚ To share ideas about for you: Who did you vote increase the mentoring aspect of the HLSA, “a favorite initiative the HLSA, write to for in the 1968 elections?’ of Dean Minow’s”—by pairing older alumni with more recent Paul Perito at pperito@ I said, ‘Your opponent, Mr. graduates—and otherwise encourage recent graduates to re- starscientific.com. President.’ And Nixon said, ‘I main connected to HLS, a connection that has served him so well feel like Diogenes with the for so many years. —elaine mcardle

60 harvard law bulletin fall 2012

41-65_HLB_Fall12_07_r1.indd 60 9/26/12 11:38 AM CONNECTIVITY | How to stay in touch with HLS

HLS CONNECT Share your expertise with students and other grads through the online advising network. You can also take HLS advantage of the online directory and get access to job data- CONNECT bases in the public and private sectors: hlsconnect.com.

CLASS NOTES Submit your news for the Harvard Law Bulletin CLASS GLOBAL REACH to www.bit.ly/sendyournews. NOTES

A sampling of Harvard Law Schools’ alumni clubs— FACEBOOK Get your news from campus at http://www. from Arizona to Peru facebook.com/harvardlaw and follow HLSA events around the

Harvard Law Society HLSA of Maryland world at www.facebook.com/hlsalumni. of Illinois HLSA of Mexico HLSA of Arabia HLSA of Michigan TWITTER Receive HLSA announcements or news of the school HLSA of Arizona HLSA of New Jersey at http://twitter.com/hlsa or http://twitter.com/Harvard_law. HLSA of Brazil HLSA of New York City HLSA of Cincinnati HLSA of Northern California HLSA of Cleveland HLSA of Orange County, Calif. HLSA of Europe HLSA of Peru HLSA of France HLSA of San Diego HLSA of Germany HLSA of Southern California CALENDAR HLSA of Greater HLSA of United Kingdom Philadelphia HLSA of Washington, D.C.

For information on local chapters of the HLSA—nearby or far-flung—or on shared-interest groups for alumni, go to www.hlsa.org.

oct. 26-28, 2012 sept. 26-29, 2013 HLSA LAUREATE Fall Reunions Weekend Celebration 60 joaquin avila ’73, a nationally recognized expert on Classes of 1952, 1957, 1962, 1967, In recognition of 60 years of Latino voting rights, is the recipient of the Harvard 1972, 1977 and Emeritus Club women graduates harvard law school harvard law school Law School Association Award. He was honored on Sept. 29 at the Harvard Law School Celebration of Latino Alumni. Avila’s accomplishments in the legisla- nov. 8, 2012 oct. 25-27, 2013 tive arena include the passage of the 2001 California HLSA of New Jersey Fall Reunions Weekend Voting Rights Act, the only 56th Annual Arthur T. Classes of 1953, 1958, 1963, 1968, state voting rights act in the Vanderbilt Lecture 1973, 1978 and Emeritus Club nation. He is a distinguished Speaker: The Honorable Stuart J. harvard law school practitioner in residence Rabner ’85, chief justice, and director of the National Supreme Court of New Jersey a For the latest Voting Rights Advocacy Ini- the manor, west orange HLSA events, go to: tiative at Seattle University www.hlsa.org. School of Law. Full coverage april 19-21, 2013 of the Celebration of Latino Spring Reunions Weekend Alumni will be posted at Classes of 1983, 1988, 1993, 1998, http://www.law.harvard. 2003, 2008 edu/alumni. harvard law school

fall 2012 harvard law bulletin 61

41-65_HLB_Fall12_07_r1.indd 61 9/26/12 12:21 PM LETTERS continued from page 3

ON THETH BOOKSHELVES as inspector general of the National widespread sentiment in the Security Agency, as the national coun- FearFear and Loathing American public. Lessig diagnoses a cancer that terintelligence executive in the offi ce has attacked OUR POLITICAL SYSTEM It appears that a core problem

At a timetim when Americans are Is Congress corrupt? their ability to raise money, constantly of the director of national intelligence expresexpressing record dissatisfaction I don’t think there’s a significant amount shape-shifting so that when they walk is that our three branches of witwithh Washington,W the publication of bribery, or that kind of corruption. It’s into that room, the guy with the money tthishis ffallal of Professor Lawrence institutional corruption—and by institu- will have reason to give money to that and as senior counsel at the NSA. In LessiLessig’sg’s latest book couldn’t be tional corruption I mean corruption that congressman. It’s that process that is a government, for all their mutual more oopportune. “Republic, Lost: doesn’t involve any illegal activity at all. corruption, in my view, and that is re- How MMoney Corrupts Congress— This is legal corruption. It’s sponsible for the inability of anandd a PPlan to Stop It” (Twelve) is members completely, legiti- “I DON’T THINK THERE’S this government to govern. 2011, Joel published a groundbreaking an exexhaustivelyha researched and mately and openly spend- checks and balances, still have passiopassionatelyn argued indictment ing 30 to 70 percent of their A SIGNIFICANT AMOUNT To what extent do you think ooff CapitolCapi Hill and the money- time focusing on the task of OF BRIBERY [IN the average congressman has centercenterede daily dance between raising money, developing CONGRESS]. ... THIS IS qualms about this system? wake-up book, “America the Vulnera- lawmalawmakers and lobbyists. the sixth sense about how LEGAL CORRUPTION.” I think certainly the average significant latitude in governing Lessig,Less the Roy L. Furman what they do might affect congressman hates the ProProfessorfess of Law and Leadership ble” (Penguin), which describes and ex- at HLS and director of Harvard’s themselves. With the influence EEdmonddmon J. Safra Center for Eth- ics, sasaysy that his disgust with WWashington’sashin modus operandi poses America’s cyberspace risks and grew oover the course of about of lobbyists, the proliferation of 10 yyears—fromear the mid-1990s to tthehe mid-2000s—whenmid he was a details what digital espionage could do ffrequentreque visitor to the halls of voting restrictions, the overuse ConCongress,gre advocating for reduced restricrestrictionst on copyright in the In- ternet age. His observation, that to our country. Joel now practices law monemoneyedy special interests enjoy of the filibuster and the failure speciaspeciall treatment from Congress, would hardly seem earthshaking in Washington, D.C., specializing in to tthehe aaverage American. But as of judges to recuse themselves LessiLessigg points out, the symbiosis betweebetween lobbyist and lawmaker is a ffarar cry from a bag of green- such security issues. I am proud to say bbacksacks buyingb a favor. The current where appropriate, among other ConCongressgre may be the cleanest in hhistory,istory he says. It’s just that now that my former law fi rm, Lane and Ed- the inflfl uence of money on govern- abuses, it may be time to strip our ment iiss out in the open, operat- iningg in a legal system governed by rurulesle that he contends are son, launched Joel’s remarkable legal dydysfunctional.sfun government of its power of self- LessigLess recently sat down with tthehe BulletinBul to talk about the career after law school. bbook.ook. governance. Bruce S. Lane ’55 IllustrationIllustrat by anthony russo winter 2012 harvard law bulletin 5 A constitutional convention Washington, D.C. 02-19_HLB_Winter12_05_r1.indd 5 11/15/11 3:30 PM could propose the establishment of a fourth branch of government editor’s note: Also omitted from this until he was involved in the creation of the that would legislate rules of conduct sampling was Kenneth I. Juster J.D./M.P.P. Department of Homeland Security, which for the other three. It would require ’79, who, as undersecretary of Commerce took responsibility for that function. considerable ingenuity to design from 2001 to 2005, was in charge of the a fourth branch to prevent its Bureau of Industry and Security. In that A FOURTH BRANCH OF GOVERNMENT MAY BE politicization, and also to control position, Juster oversaw issues at the inter- WHAT OUR SYSTEM NEEDS abuses at the state level. But a fourth section of business and national security, Professor Lessig’s branch might be what our system including strategic trade controls, imports exasperation with the degenerating needs in order to maintain its ability to and foreign investments that aff ect na- mechanics of our democracy [On the correct itself. tional security, and, for the fi rst part of his Bookshelves/“Fear and Loathing,” Ron L. Meyers ’98 tenure, critical infrastructure assurance, Winter 2012] surely reflects a New York City

Harvard Law School Reunions Classes of gth , 1983 1983, 1988, 2013 \th , 1988 1993, 1998, 2003, 2008: ith , 1993 Save the date! Mark your , 1998 calendars eth to return to 0th , 2003 April 19-21, 2013 Cambridge , 2008 for Spring 5th Reunions Harvard Law Weekend School Campus 2013. Reunions Weekend HARVARD LAW SCHOOL

62 harvard law bulletin fall 2012

41-65_HLB_Fall12_07.indd 62 9/24/12 11:55 AM OBITUARY INFORMATION IN MEMORIAM Notices may be sent to Harvard Law Bulletin, 125 Mountclass Auburn notes St., Cambridge, MA 02138 or to [email protected]

Paul L. Kane ’51 1930-1939 Aug. 15, 2012 John G. Brooks ’37 John F.T. Murray ’51 April 15, 2012 Aug. 18, 2012 Philip P. Ardery ’38 John Ormasa ’51 July 26, 2012 March 16, 2012 Robert J. Kelleher ’38 George R. Ruditz ’51 June 20, 2012 Aug. 12, 2012 George J. Andresakes ’39 Haven E. Simmons ’51 Aug. 4, 2012 May 15, 2012 Don S. Willner ’51 1940-1949 March 27, 2012 Manfred W. Ehrich Jr. ’40 Arthur H. Bernstone ’52 May 15, 2012 Feb. 19, 2012 Herman Gross ’40 William T. Lifland ’52 June 5, 2011 May 3, 2012 Stanley Johnson ’40 Charles A. Maple ’52 Sept. 15, 2011 April 10, 2012 William S. Lee ’40 Edward J. Masek ’52 June 3, 2012 July 4, 2012 John V. Kean ’41 Russell R. Pearson ’52 June 4, 2012 March 24, 2012 Irving R. Storch ’41 William O. Petersen ’52 Dec. 25, 2011 March 28, 2012 Merrill R. Bradford ’42 Joseph Smukler ’52 Aug. 6, 2012 July 13, 2012 Robert T. Gannett ’42 Roger H. Sullivan ’52 Aug. 26, 2012 July 9, 2012 Edward W. Schall ’42 Allan B. Ecker ’53 July 23, 2012 April 24, 2012 Daniel C. Draper ’43 (’47) Robert H. Hamlin ’53 April 8, 2012 June 1, 2012 Irwin A. Lowenfeld ’43 Charles Edward “Ned” (’46) Hansell ’53 April 8, 2012 July 31, 2012

Sherman Rogan ’43 Eugene S. Leggett Jr. ’53 ANTON GRASSL July 28, 2012 June 8, 2012 Seymour H. Smith ’43 Donald J. Goldberg ’54 G. Richard Murray ’57 Dec. 27, 2011 Kenneth R. Heitz ’72 July 18, 2012 April 8, 2012 Aug. 7, 2012 Lawrence C. Jensen ’62 July 9, 2012 Gerard Rohde ’44 (’47) Robert Goldscheider ’54 Edward S. Schlesinger ’57 July 26, 2012 Dan S. Sherrill ’72 Feb. 5, 2012 July 4, 2012 April 24, 2012 Charlotte M. Acquaviva April 2, 2012 Walter H. Glass ’45 (’47) David G. Lubell ’54 Robert S. Burnham ’58 ’63 William L. Neff ’74 April 15, 2012 May 11, 2012 June 16, 2012 Aug. 7, 2012 Aug. 4, 2012 Robert B. Atkinson ’48 Frederick S. Wyle ’54 Daniel M. Hall ’58 Hugh A. Norton ’63 Douglas A. Haldane LL.M. ’76 June 17, 2012 March 23, 2012 May 25, 2012 March 20, 2012 George H. Cain ’48 Robert A. Belmonte ’55 Mark L. Heller ’58 Gary S. Brooks ’65 May 6, 2012 Ann C. Scales ’78 April 10, 2012 June 3, 2012 April 19, 2012 April 27, 2012 Martin Gold ’48 Bourne P. Dempsey ’55 Gerald H. Sherman ’58 William H. Simpson ’66 June 24, 2012 Aug. 9, 2012 May 5, 2012 March 19, 2012 May 10, 2012 1980-1989 Alan Kahn ’48 Victor S. MacKinnon Joseph T. Sullivan ’58 Jeremy M.J. Burford, Q.C. LL.M. ’67 May 23, 2009 LL.M. ’55 S.J.D. ’63 Feb. 9, 2011 Andrew B. Steinberg ’84 Marvin B. Meyer ’48 March 9, 2010 Robert J. Golten ’59 March 10, 2011 May 20, 2012 Robert W. Huffhines July 16, 2012 Susan Trescher ’55 Aug. 15, 2012 David S. Smith ’85 Jr. ’68 Seward B. Snell ’48 July 26, 2012 Samuel H. Lindenbaum ’59 June 16, 2012 March 20, 2012 April 21, 2011 Frank J. Brainerd Jr. ’56 Aug. 17, 2012 Robert S. Gerber ’88 Marquis C. Landrum ’68 Richard D. Solo ’48 Aug. 2, 2012 Ronald M. Loeb ’59 May 11, 2012 Aug. 24, 2012 March 10, 2012 Joseph T. Dye ’56 April 14, 2012 Dean A. Gaver ’69 D.M.M. Goldie, Q.C. ’49 April 19, 2012 Alexander P. Misheff ’59 2000-2009 July 30, 2012 March 21, 2012 Joseph S. Iannucci ’56 Aug. 5, 2012 Damion R. Dunn ’08 George L. Selden ’69 June 15, 2012 April 15, 2012 1950-1959 Francis J. Nicholson 1960-1969 March 31, 2011 LL.M. ’56 S.J.D. ’63 Benjamin Greshin ’50 J. Danford Anthony Jr. Aug. 26, 2011 ’60 1970-1979 The online version of In Aug. 29, 2012 Anthony J. Wiener ’56 Charles B. Levine ’70 Memoriam includes links Paul Webb Jr. ’50 April 1, 2012 June 19, 2012 William H. Eckert ’60 June 10, 2012 April 15, 2012 to newspaper obituaries. Henry T. Dunker ’57 M. Sean McMillan ’70 Franklin L. Bass ’51 May 26, 2012 Visit www.law.harvard. June 14, 2012 John D. French ’60 Aug. 10, 2012 July 22, 2012 Jay Dushoff ’57 John B. Moore ’71 edu/news/bulletin/ and Macdonald Flinn ’51 Aug. 18, 2012 March 21, 2012 Robert E. Sullivan ’60 April 8, 2012 click on “In Memoriam.” May 24, 2012 Peter N. Kyros ’57 Robert L. Halfyard ’51 July 30, 2012 July 10, 2012 Edward A. Mihalik ’61 May 15, 2012

fall 2012 harvard law bulletin 63

41-65_HLB_Fall12_07.indd 63 9/24/12 11:15 AM TRIBUTE ROGER D. FISHER 1922-2012 | By Clinical Professor Robert C. Bordone ’97

Choosing to Help

IT IS THE SPRING of 1997 and I am sitting Roger Fisher at in Pound 107 while Roger Fisher ’48, Williston Harvard Law School Professor of Law, Emeritus, is telling a story about his serving as a weather reconnais- sance pilot in World War II. As a teaching as- sistant for the Negotiation Workshop, I have heard the story at least a dozen times by now and feel my mind wandering. And yet, against my will, as the story reaches its crescendo and the combination punch line/negotiation lesson fl ows from Roger’s lips, I fi nd myself involuntarily leaning forward and, a second later, helplessly bursting into laughter. The note I jot down to myself is: “All of life is about who tells better stories.” Storytelling was indeed one of Roger’s fi n- est talents. His sense of timing, the infl ection of his voice and his radiant smile seemed to be perfectly calibrated with his audiences, whether they were law students, diplomats, soldiers or community mediators. But teaching about “all of life” was Roger’s real gift and his ongoing legacy for generations of students and others whom he touched, directly or indirectly, through his work. In many ways, Roger did not fi t in easily at Harvard Law School. In a profession that trains students to identify analytical gaps in others’ reasoning and to posit critical argu- ments for why something—an idea, a vision, a reform—that might seem likely to happen at fi rst glance couldn’t, shouldn’t or wouldn’t happen, Roger took a different tack. His ener- gies seemed ever focused on fi guring out how things that seemed unlikely could be made reality. In this way, he unwittingly exposed himself to charges that he was an ivory tower idealist, unaware of the harsh realities of a world fi lled with malevolence and evil. But to those who knew him, to those who witnessed his sharp mind in action every day, just the opposite was true. Here was a man who, after serving in Europe in World War II, returned home to learn that his college roommate and two close friends had perished in the confl ict; a man who, as a young State Department lawyer, assisted W. Averell Harri- man in crafting the Marshall Plan; a man who served as a fi erce and partisan advocate for the government in arguments before the U.S. Supreme Court as a young lawyer. Though he

had witnessed the consequences and carnage BRADFORD HERZOG

64 harvard law bulletin fall 2012

41-65_HLB_Fall12_07_r1.indd 64 9/26/12 11:40 AM of violent confl ict, Roger somehow chose not just in law schools, but in schools of and intensive personalized feedback. He to see, engage and elicit the best of human business, public policy, communications and looked outside the confi nes of the law to potential. diplomacy. integrate the work of thinkers like Chris Roger was a master at the art of He used his academic vantage point to Argyris in action science and Howard Raiffa, perspective-taking, of understanding how tackle real-world problems. His a renowned Bayesian decision deep human needs—to be heard, valued, direct interventions and advice To read other tributes theorist, to name just a couple. respected, autonomous and safe—when advanced negotiations that fa- to Fisher, go to http:// In both its content and its form, unmet or trampled upon, become seeds of cilitated the signing of the Camp bit.ly/RogerFisher. even with 20 years of innovation evil and violence, seeds that can cause us to David Accords in 1979, eased since his retirement, Negotiation villanize each other, and that motivate us to the way for a peaceful transition of power Workshop remains one of the enduring gifts see the world in stark black-and-white terms. in post-apartheid South Africa in the early that Roger left Harvard Law School. For Roger, the purpose of perspective-taking 1990s, and promoted the resolution of a bor- But there is more than just the concepts, was never to excuse or justify evil. Rather, it der dispute and the signing of a permanent the pedagogy and the form of Negotiation was a way to discover new approaches to di- peace treaty between Ecuador and Peru in Workshop that I carry with me as a teacher, plomacy, to infl uence and to understanding. 1998. more than just the course content and These approaches resonated with many be- But it is a mistake to think that Roger’s delivery style. cause they cut across cultures and appealed attempts to make a difference were always, For example, I remember Roger, at the to common human needs, which he often or even mostly, successful; I suspect they end of class each day as students fi led out termed “interests,” instead of appealing to were not. In my early days teaching at the of Pound 107, walking up and down the rows force, coercion and power. Roger’s revolu- law school, I can recall venturing into his throwing away the empty Coke bottles and tionary approach to negotiation, one that offi ce on occasion for some counsel or to ask candy wrappers students had left at their a question. After sharing his seats. By the midpoint of the semester, stu- thoughts with me, he would dents disposed of their own garbage. HE WAS A MASTER AT THE ART OF PERSPECTIVE- motion for me to sit down: Those of us who had the honor of having “Now, can I ask you for your Roger as a professor or of working with him TAKING—UNDERSTANDING HOW DEEP HUMAN advice? I am writing a letter to in Negotiation Workshop will surely recall the secretary of State about similar subtle teaching moments along NEEDS, WHEN UNMET, BECOME SEEDS OF EVIL. X …” Time and again I was with his more blunt exhortation, “Choose to struck, fi rst, by the notion help.” In other words: Don’t just do your job that a professor, senior to well, but be observant; fi nd ways to exert typically began by putting the protagonist in me by half a century, valued the input of a your infl uence to make a positive difference the chair of her perceived opponent, giving 20-something neophyte, and, second, that whenever you can. her a view of the world through her adver- Roger seemed completely undeterred by As I think about Roger’s career, his sary’s eyes, inspired generations of Harvard the small chance that the secretary of State many accomplishments and his long life, it Law School students to commit themselves would read his letter. Always, with Roger, seems to me that his admonishment to us to confl ict resolution as a career. there seemed to be an unrelenting urgency embodied his own sense of calling: “Choose Roger’s brilliant and, at times, counter- to bring theory to practice, to make a differ- to help.” intuitive, thinking is embodied in a series of ence on the ground. “The problem,” Roger In a profession where sharp-edged best-selling books, articles, and manuscripts would say, “is not in fi nding a solution. Lots critiques tend to outnumber new ideas, spanning the second half of his long and sto- of smart people discover good solutions all and in a world where threats, whether of ried career. The most famous of these, “Get- the time. The problem is fi nding a way to get lawsuits or of wars, seem to eclipse the ting to Yes: Negotiating Agreement Without there.” voices of engagement and dialogue, Roger’s Giving In,” 3d. (co-written with William Ury Thirty years after Roger fi rst started contributions—his scholarship, his stories, and Bruce Patton ’84), has been translated teaching the Negotiation Workshop at his example and his never-ceasing “choose into 36 languages and has sold millions Harvard Law School, the course remains to help” attitude—are to me as inspiring, of copies. Though at times dismissed for one of the most popular at the school, and fresh and urgent as ever. And I trust they will choosing to write prescriptively and in easily the pedagogy it deploys—creative and remain alive in the heart of this student— comprehensible terms to a mass audience interdisciplinary—remains a model for and in those of so many others—for years instead of articulating grand theory for an others at Harvard and around the world. to come. academic one, Roger nonetheless gave birth In designing the course, Roger drew from to an entirely new fi eld of study within the many academic and pedagogical wells. He robert c. bordone ’97 is clinical professor academy, one that has changed fundamen- experimented with new teaching methods, of law and the director of the Harvard Nego- tally the face of graduate school education, the use of simulations, and the use of video tiation and Mediation Clinical Program.

fall 2012 harvard law bulletin 65

41-65_HLB_Fall12_07.indd 65 9/24/12 11:16 AM LEADERSHIP PROFILE AN INTERVIEW WITH BARRY VOLPERT ’85

BARRY VOLPERT on the balcony at Crestview Partners in New York

66 harvard law bulletin fall 2012

66-67_HLB_Fall12_07.indd 66 9/24/12 11:17 AM Contrarian investing as a J.D./M.B.A.

Barry Volpert J.D./M.B.A. ’85 is chief executive offi cer of those of our investors. We fi nancial returns. When Crestview Partners, a private equity fi rm he co-founded in 2004 also have in-house operating I am asked for advice by after retiring from Goldman Sachs, where he was head of the and executive expertise that people about to enter the Merchant Banking Division in Europe. Based in New York City, enables us to help improve business world, I tell them, Crestview has about $4 billion in assets under management. our portfolio companies’ op- try to surround yourself Volpert graduated magna cum laude from HLS, where he was erations, rather than relying with people you admire an editor on the Law Review, and he received his M.B.A. from on fi nancial engineering to and respect and enjoy, and HBS with high distinction and was a Baker Scholar. Volpert has generate our returns. who are intelligent, ethical, served on the Dean’s Advisory Board at HLS for Elena Kagan ’86 motivated, creative, loyal and Martha Minow. What do you enjoy about the and, very importantly, have work? a sense of humor. What has been the value to international private eq- I enjoy identifying you of the joint J.D./M.B.A. uity business, I felt ready to investment opportunities What do you see when you program at Harvard? launch an entrepreneurial where we think the look at HLS today? It was critical in my decision venture. As the biggest in- conventional wisdom is For those alumni from to choose a career in private vestment banks and mega- wrong. I enjoy recruiting the mid-’80s who were at equity and to develop a funds grew very rapidly, I great people whom I have HLS for the faculty battles specialty in bankruptcy thought there was a window the privilege of working and drama, the school is a and distressed investing, of opportunity left behind with every day as members much diff erent place and and even to this day it helps to build an excellent team of our fi rm. And, I also a much better place than me negotiate private equity and focus on generating enjoy interacting with our you can imagine, with great investments with greater strong returns in the middle investors and portfolio leadership under Martha confi dence, especially when market. Moreover, with all company executives, who Minow. It’s very exciting complex legal judgments the information available I think are among the to watch. It has smaller are an important aspect of on the Internet and various brightest in the world of sections and more practical an investment thesis, which databases, I also felt that an business. Mostly, I enjoy training and is more is so often the case. For entrepreneurial boutique, working with our companies technologically savvy, more example, in the mid-1990s, such as Crestview Partners, to help them succeed, grow focused on exciting new when I was working at would have access to all the and prosper, which, at the legal frontiers in intellectual Goldman Sachs, we were same information as the big- end of the day, is why we are property and international able to structure a “rescue ger fi rms with fewer head- in business. law, and more focused on fi nancing” to a mortgage aches, and would be more leadership training. It is trust that ultimately allowed fun to work at compared What is your advice to really an honor for me to be Goldman Sachs, together with a large organization. students who want to be involved in a small way in with David Rockefeller and entrepreneurs? supporting the growth and other investors, to acquire What is different about your Just do it! There is no success of the law school, Rockefeller Center on very fi rm? substitute for the “thrill and I enjoy contributing an advantageous terms. The At Crestview, we like to fo- of victory and agony of investor’s point of view from combination of my legal and cus on complex and diffi cult defeat” that you feel as an time to time. business training helped situations that many other entrepreneur. If I could do it enormously in developing private equity fi rms tend over, I would have launched Tell us something about your this investment at a time to avoid, with the expecta- Crestview sooner. outside interests or passions. when New York City real tion that periodically the Also, the most important I do enjoy Burgundy and estate was deeply depressed, “baby is thrown out with thing is who your business have a small investment and it turned into one of the bath water,” and we can partners are—investors, in a winery. It’s like “The Goldman’s best investments. fi nd a great opportunity that colleagues, executives—the Producers”—we lose money has been overlooked. Very people you work with every every year and sell a new Why did you choose to launch few of our investments are day. HLS students are smart share at a higher price to your own investment fi rm? plain-vanilla LBOs. And, and motivated, and most fi nance the losses when we After nearly 20 years at very importantly, we have a will be successful. Looking need to. And I’ve been pretty Goldman Sachs, the last substantial personal invest- back, you remember the active supporting a fellow six of which were in Lon- ment in each fund, which people more than anything J.D./M.B.A. running for don, where I headed their aligns our interests with else, even more than the offi ce this year. P

Photograph by joshua paul fall 2012 harvard law bulletin 67

66-67_HLB_Fall12_07.indd 67 9/24/12 11:18 AM GALLERY A MAN OF LETTERS: JOSEPH STORY (1779-1845)

Digitized Supreme Court materials Justice Joseph Story give new not only became Dane perspective Professor at Harvard on a storied Law School while figure serving on the Court. In addition, like all Supreme Court justices in his era, he also sat on a federal Circuit Court. Little is known about the relationship between Supreme Court justices and the lower court judges with whom they sat. A series of letters from Story to Judge John Pitman, which has been recently digitized by Harvard Law School, throws light on this subject. The 91 letters are available online as part of a digital suite of Story materials. The Story-Pitman letters depict Story as a mentor to a young colleague: “As to your studies,” he wrote to Pitman in early 1820, “you must read all the public laws of the United States through once. Make a list of references and an Index to all principal provisions which concern crimes, revenue, etc. etc. ... This will be a good winter’s work.” They also show him at work on circuit business— from court procedure to The Story-Pitman letters offer a doctrinal questions, many rare glimpse of the relationship of a commercial or maritime between a Supreme Court justicece nature. Story also wrote can- and one of the District Court didly about national politics judges with whom he worked. in the 1830s and 1840s and about his growing fear for the future of the Constitu-

68 harvard law bulletin fall 2012 Photographs from hls historical & special collections

68-c4_HLB_Fall12_09_r1.indd 68 9/26/12 11:45 AM on display: “A Storied Legacy: Correspondence One of the 91 letters written and Early Writings of Joseph by Story, who served on the Story,” selected original Supreme Court from 1811 to documents from Story’s 1845, to Judge John Pitman of writings and letters, will be Rhode Island on display at the Harvard Law School Library’s Caspersen Room through Dec. 7, 2012.

tion and the federal Union. The letters also reveal a warm friendship. Story end- ed a letter to Pitman in 1844: “I have not time to say more, but only to add my kindest regards to Mrs. Pitman & the family, & I am most truly and aff ectionately Yours, … ” Story’s duties required him to hold court twice yearly in each of the states in his judicial circuit—in addi- tion to his regular travel to the Supreme Court in Wash- ington, D.C. This punishing schedule, combined with his law school duties, took a toll on Story’s health, a topic frequently referenced in the correspondence. Only a month before his death, Story was still fully engaged in circuit business, as he remarked in one of his last letters to Pitman. “Noth- ing on earth but a sense of public duty would now induce me to try the cause after it has been so neglect- ed,” he wrote regarding an upcoming trial. en suite: In addition to Joseph Story’s correspondence with Story died in 1845 at age Judge John Pitman of the 1st Circuit, a range of Story’s writings— 65. Pitman’s letter to Story’s including a digest of various court decisions handwritten by him widow, Sarah, attests to the (his attempt to summarize and understand the law) and letters justice’s infl uence and kind- to leading legal and social fi gures in Massachusetts—and images ness: “I have lost the stay of Story from the Harvard Law School Library’s visual materials and staff of my age and one collection have been digitized and compiled into a suite of online to whom I always went nor materials. The Joseph Story Digital Suite can be accessed at http:// went in vain for advice and library.law.harvard.edu/suites/story/index.php. sympathy,” Pitman wrote. P

68-c4_HLB_Fall12_09_r1.indd C3 9/26/12 11:46 AM Harvard Law Bulletin Nonprofit Org. Harvard Law School U.S. Postage Paid 125 Mount Auburn Street Burlington, VT Cambridge, MA 02138 05401 Permit 347

S getting oriented A beautiful September day, and the latest crop of Harvard Law students begins to get the lay of the land. This year’s students include entrepreneurs, veterans and active-duty members of the military, a former police offi cer, professional actors, musicians, reporters, athletes, community organizers and business owners. TONY RINALDO

68-c4_HLB_Fall12_09.indd C4 9/24/12 11:28 AM