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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: bulletin@law.harvard.edu website: www.law.harvard.edu/news/bulletin send changes of address to: 32a Jointly Held alumrec@law.harvard.edu 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.