News in Brief@Yale Law School

Home , Justin Muzinich, Stephen Reinhardt

Opening Argument’s unique double-sided layout ensures that topics receive equal treatment. Alumni who wish to contribute op-eds to Opening Argument should contact Justin Muzinich (justin.muzinich@yale. edu) or Tara Helfman ([email protected]). | Y l r Summer 2006

publications

It was Opening Argument’s third issue Opening Argument Broadens Debate at YLS (which simply asked contributors “Is NSA WHEN JOINT-DEGREE STUDENT Justin Muzinich and Tara Helfman ’06 first con- wiretapping good policy?”) that garnered sidered starting an op-ed publication at the Law School, they envisioned their peers the most attention from outside the Law School. Contributors included Harvard and faculty as their primary audience. A non-partisan publication focused on current Law School Professor Alan Dershowitz ’62, issues, they reasoned, would be a means of fostering political dialogue within the YLS Senator Conrad Burns, Yale Law School community. Professor John J. Donohue, and several YLS But Opening Argument quickly found ground as far as what’s going on, what students. The issue, in fact, had just been legs beyond the Law School’s courtyard people are talking about,” Muzinich says. printed when it was included in brief- and classrooms. By its second issue, the Among the issues Opening Argument ing materials for members of the Senate publication included opinions on U.S.-U.N. has debated: the Law School’s stance on Judiciary Committee on the eve of their relations penned by former House Speaker military recruiting; the Alito nomination; NSA hearing. Newt Gingrich and former Member of the economics and employment policies of Besides that unanticipated audience of Parliament Tony Colman. By the third issue, Wal-Mart; the South Dakota abortion ban; policy makers, the editors’ greatest reward the publication found its way into the dos- and energy policy. has been seeing Opening Argument being siers of the Senate Judiciary Committee Opening Argument’s form follows its read and discussed at the Law School. just as its NSA surveillance hearings were function as the publication’s philosophy of “Some of the best reactions have been beginning. pluralism guides both its graphic design from people who hold staunch viewpoints Since last September, Helfman and and editorial content. Inspired by Mark and who are sometimes surprisingly grate- Muzinich have put out four issues of Opening Argument. Each issue tackles two By the third issue, Opening Argument found its way current, hot-button public policy topics. into the dossiers of the Senate Judiciary Committee, Though Opening Argument takes aim at just as its NSA surveillance hearings were beginning. controversial subjects, its editors hope to create discussion without being divisive. “We want to foster an exchange of Twain’s Diaries of Adam and Eve, each issue ful for having had read a well-written, views where different sides can be debated is designed with a double-sided layout, opposing viewpoint,” Helfman says. openly and given equal treatment,” ensuring its topics receive equal treatment. The other reward, Muzinich adds, has Helfman says. “We want to shy away from Diversity of both viewpoint and experi- been the positive response and financial people assuming staunch viewpoints and ence is the editors’ key criterion in selecting support Opening Argument has received. talking only to their own camps. What contributors for the publication. First-year Every good publication has its fairy god- we’re trying to do is bring all of the camps law students’ opinions are frequently mother; Opening Argument’s came in the into one eminently readable and concise printed alongside those of senators and form of the Zelia P. Ruebhausen Student publication.” business leaders as the academic and voca- Fund established to foster student and fac- The questions posed by the co-editors tionally oriented alike are invited to weigh ulty intellectual exchange. are frequently inspired by email, classroom, in. The issue that tackles Wal-Mart, for Though Helfman graduated this year, and student lounge discussions. In fact, an example, includes a rather theoretical con- she plans to stay involved in Opening email thread that began on the 3L listserv tribution by Richard Epstein ’68 and a more Argument. “Justin and I both feel a bit pro- after a YLS student asked a question on operationally oriented opinion written by prietary over this,” she says. “We started C-SPAN gave Opening Argument its first Wal-Mart’s Executive Vice President and Opening Argument with a commitment to topic—diversity in judicial nominations. Chief Operating Officer Eduardo Castro- first-rate content, and we’ve striven to pro- “We really try to keep our ear to the Wright. vide exactly that, issue after issue.” Œ ˘ News in Brief

Law School Announces Five Faculty Appointments

Five new faculty members join the YLS community this academic year, bringing their expertise in the areas of constitutional, criminal, corporate, employment, and immigration law. Christine Jolls, a leading scholar in employment law and law and economics, joined the Law School faculty as a professor of law. Jolls has been in the forefront of the emerging field of behavioral law Heather K. Gerken, whose areas of and economics, a cutting-edge area Yair Listokin ’05 was recently study include election law, constitu- of scholarship that incorporates appointed associate professor of law. tional law, and civil procedure, joined behavioral models into the eco- His primary research and teaching the faculty as a professor of law on nomic analysis of law. interests are business organizations, July 1. Gerken is one of the country’s A Phi Beta Kappa graduate of bankruptcy, contracts, corporate leading experts on voting rights Stanford University, Jolls majored in finance, and empirical legal studies. and election law, the role of groups English and quantitative economics Listokin earned an A.B. magna cum in the democratic process, and as an undergraduate. She received laude in economics from Harvard the relationship between diversity a J.D. magna cum laude from in 1998, a Ph.D. in economics from and democracy. Harvard Law School (where she won Princeton in 2002, and a J.D. from Yale Gerken comes to YLS from Harvard the John M. Olin Prize in Law and Law School in 2005. Law School, where she was appointed Economics) and a Ph.D. in economics As a YLS student, Listokin was twice assistant professor of law in 2000 from the Massachusetts Institute of named the John M. Olin Prize winner and promoted to professor of law Technology. for the best student paper in law in 2005. An acclaimed teacher, she Jolls joined the Harvard faculty in and economics, and he was a John M. was the first junior professor in the 1994 before serving as a law clerk for Olin Fellow in Law and Economics. In history of Harvard Law School to Judge Stephen F. Williams of the D.C. 2005-06, he clerked for Judge Richard receive the Sacks-Freund Award for Circuit, and then for U.S. Supreme A. Posner at the U.S. Court of Appeals, Teaching Excellence, awarded Court Justice Antonin Scalia. She Seventh Circuit. annually to Harvard Law School’s returned to the Harvard faculty most outstanding instructor. in 1997 and was named professor A summa cum laude graduate of of law there in 2001. Jolls won the Princeton University, Gerken earned Harvard Law School Dean’s teaching her J.D. (also summa cum laude) award in spring 2003, and served as from the University of Michigan Harvard Law School’s vice dean for Law School. She served as a law scholarship and intellectual life in clerk for Judge Stephen Reinhardt 2003-04. of the U.S. Court of Appeals for the Jolls serves on a number of Ninth Circuit, and for Justice David H. editorial and advisory boards, is a Souter of the United States Supreme research associate of the National Court, before entering private prac- Bureau of Economic Research tice in Washington, D.C. (where she co-directs the Program Gerken is currently working on a in Law and Economics), and serves book on the trans-substantive con- as reporter of the American cept of “second-order diversity” in Law Institute’s Restatement of American public law. Employment Law. Jolls is currently working on a book entitled Equality’s Tools. | Y l r Summer 2006

Access to Knowledge Conference Draws Hundreds to Law School

The information revolution holds great but fragile promise for development, freedom, and justice. But without a coherent framework for Michael J. Wishnie ’93, a graduate why access to knowledge matters, of both Yale University and Yale Law this potential could be undermined by School, recently joined the YLS faculty Tracey L. Meares will join the Law the growing trend of ownership and as clinical professor of law. School faculty in January 2007 as a regulation of knowledge. Wishnie’s expertise includes immi- professor of law. Meares’s teaching To help determine the future of this gration law and the civil rights of and research interests center on Access to Knowledge (A2K), Yale Law immigrants, including the rights of criminal procedure and criminal law School’s Information Society Project, non-citizens in the workplace, under policy, with a particular emphasis led by Professors Jack Balkin and the welfare laws, and on habeas on empirical investigation of these Yochai Benkler, sponsored a confer- corpus. His work at the Law School subjects. ence on April 21-23, 2006, at the Law will address employment issues Meares earned a B.S. in general School. affecting low-wage and undocu- engineering from the University Policy makers, activists, industry mented workers and civil liberties of Illinois, and a J.D. from The leaders, and academics addressed after September 11, in a program University of Chicago Law School. areas such as intellectual property grounded locally in community edu- Upon graduation, she clerked for policy, telecommunications, educa- cation, litigation, and advocacy initia- Judge Harlington Wood, Jr., of tion, culture, science, and health care. tives. the U.S. Court of Appeals for the Leading American and international Wishnie was most recently a pro- Seventh Circuit. She then served thinkers and advocates from more fessor of clinical law and co-director as an honors program trial attor- than thirty countries, including Brazil, of the Immigrant Rights Clinic and ney in the Antitrust Division of India, South Africa, Nigeria, Israel, and the Arthur Garfield Hays Civil Liberties the Department of Justice. Most Malaysia, focused on generating cut- Program at New York University. recently, she served as the Max Pam ting-edge research agendas, concrete Prior to NYU, he served as an Professor of Law and director of the policy solutions, and strategic partner- IOLA Fellow at The Legal Aid Society, Center for Studies in Criminal Justice ships for the next decade. Brooklyn Neighborhood Office; as a at The University of Chicago Law The range of panels included “The law clerk to Judge H. Lee Sarokin (U.S. School. Economics of Information,” “Network District Court, District of New Jersey, Meares holds an appointment Neutrality in the Developing World,” and U.S. Court of Appeals for the as a senior research fellow at the “Digital Rights Management and Third Circuit) and U.S. Supreme Court American Bar Foundation and is an Globalization,” and “Access to Justices Harry Blackmun and Stephen affiliate of The University of Chicago Medicines.” Breyer; and as a Skadden Fellow/ Center for the Study of Race, Politics To join an online discussion of staff attorney working on the ACLU and Culture. issues from the conference, visit Immigrants’ Rights Project. Her publications include Urgent http://research.yale.edu/lawmeme/. Wishnie has also taken a leading Times: Policing and Rights in Inner role in numerous important law- City Communities (with Dan Kahan, suits, and is a frequent participant in Beacon Press 1999) and a forthcom- Supreme Court and other appellate ing Foundation Press casebook on litigation involving the civil rights of criminal law (with Dan Kahan and immigrants. Neal Katyal ’95). ˘ News in Brief

Professor John Donohue III Madeleine Albright Delivers Inaugural Lecture

Delivers Heyman Lecture John J. Donohue III delivered his inaugu- The Honorable Madeleine K. Albright, ral lecture as the first Leighton Homer the 64th United States secretary of state, Surbeck Professor of Law at Yale Law delivered the inaugural Samuel and Ronnie School on March 7. His lecture, “‘Powerful Heyman Federal Public Service Fellowship Evidence’ the Death Penalty Deters? Lecture on March 21 in the Levinson Surely You’re Joking, Mr. Sunstein!,” drew Auditorium. The Heyman Lecture is made on recent research he has done on the possible by a gift from Samuel and Ronnie deterrent effect of the death penalty, and ’72 Heyman that also provides federal was a response to recent econometric executive-branch fellowships for Yale Law studies that have found a deterrent effect School graduates. In keeping with the associated with each execution. “One of Heymans’ vision of encouraging YLS gradu- the most famous American law profes- ates to explore careers in public service and sors—Cass Sunstein of the University to bring creative, entrepreneurial ideas to of Chicago—has recently relied on this the federal government, Albright’s lecture, empirical evidence as the basis of his argu- “Public Service in the Age of Globalization,” ment that capital punishment is morally described the lessons she learned as a public required on the grounds that it will save servant and the many ways in which Yale innocent lives,” says Donohue. “The title graduates can serve the public interest. of my talk refers to the fact that Sunstein deemed the empirical evidence to be sophisticated and powerful, which leads to my chosen subtitle, “Surely You’re Joking, Mr. Sunstein!” since we found the evidence to be enormously fragile.” Donohue’s talk is part of a book he is Donors, Students Connect face to the scholarships, both for students writing about the uses and abuses of sta- at Luncheon and donors. In all, about 85 students and tistical evidence in policy debates, called donors attended the luncheon. One donor Landmines and Goldmines: Why It’s Hard traveled all the way from Ohio for the The Law School Development Office to Find Truth and Easy to Peddle Falsehood event. hosted a luncheon in the spring to bring in Empirical Evaluation of Law and Public “I really thought the luncheon was a together donors who have established Policy. Says Donohue, “In general, whether wonderful idea,” says Dr. Bonnie Scott and supported endowed scholarships, and we are talking about global warming, the Jelinek, a 1969 graduate of the Yale current students benefiting from those Divinity School. The Joan Keyes Scott funds. The luncheon was designed to put a Memorial Fund was named after Jelinek’s mother. Among the first women to graduate from Yale Law School, Joan Keyes Scott ’42 was a lawyer and probation officer; a wife and mother; and a polio and breast cancer survivor. “Not only did I get to meet my student and hear all about her interest in immigration law and Asia, but I got to meet so many interesting people at my table,” Jelinek says. “We talked all about their studies and their future plans, how much they loved being at Yale Law School, and Alisha Bjerregaard ’08, Bonnie Scott Jelinek, and the whole Yale experience.” Brie Pettigrew ’06 at the donor-student lunch in March. Images /AFP/Getty Theiler Mike by (opposite) photograph Alito Marsland; Michael by left) (top Photograph Albright | Y l r Summer 2006

effects of a medical drug, the deterrent Human Rights Clinic on the links between effect of the death penalty, or the impact companies operating in Sudan and the of federal antidiscrimination law, there is ongoing genocide in the country. a set of problems that must be adequately “Numerous respected United States and addressed before causal inferences about international authorities and organiza- the treatment in question can be made. tions have concluded that the systematic My talk highlights some of the problems violence in Sudan constitutes genocide, that plagued the studies concluding that and that the Sudan government supports the death penalty is a deterrent and shows and is deeply involved in this horrific activ- that while Congress has recently been told ity,” University President Richard C. Levin that the evidence of deterrence is sub- said. “The time-honored principles that stantial and unanimous, this conclusion is Yale observes as an ethical institutional clearly in error.” investor have guided us to take this strong The Surbeck Professorship was estab- action.” lished in 1998 in memory of Leighton The ACIR and Lowenstein Clinic reports New U.S. Supreme Court Justice Samuel Alito Homer Surbeck of the Class of 1927. Mr. are available at http://acir.yale.edu/sudan. ’75 raises his right hand as he participates in Surbeck, a leading partner at the Hughes, html. a ceremonial swearing-in in the East Room of Hubbard and Reed law firm, created the the White House in Washington as his wife Martha-Ann holds the Bible. professorship for a teacher of extraordi- Samuel Alito ’75 Sworn in as nary skill and reputation whose scholarship and teaching focuses on practical Supreme Court Justice solutions to legal problems. Professor served on the court 1962-93. The nomination of Samuel A. Alito, Jr. ’75 to Donohue’s work has brought the tools of Other Supreme Court Justices with be an Associate Justice of the U.S. Supreme law and economics to bear on some of the Yale Law School ties include former YLS court was confirmed by the Senate on most pressing issues of our time, including faculty members William Howard Taft and January 31 in a 58 to 42 vote. Within hours, gun control, abortion, and race relations. William O. Douglas. Alito was sworn in during a ceremony held The nomination of Alito and the confir- at the Supreme Court. mation hearings engaged a large segment Lowenstein Clinic Research President George W. Bush congratulated of the YLS community. Influences Sudan Divestment the new Justice: “Sam Alito is a brilliant YLS professors Anthony T. Kronman ’75 and fair-minded judge who strictly inter- and Ronald Sullivan testified about the Yale University announced in February prets the Constitution and laws and does nomination before the Senate Committee that it was barring investments of its not legislate from the bench. He is a man on the Judiciary. Professor Kenji Yoshino endowment assets in obligations of the of deep character and integrity, and he will ’96 was one of six legal scholars who con- Sudanese government—as well as in make all Americans proud as a Justice on tributed five questions toThe New York seven oil companies currently operating our highest court.” Times on what they would ask Alito if they in Sudan—as a response to the genocide Alito is the 110th justice to serve on the had the chance. Professors Reva Siegel ’85 being committed with support from Supreme Court. He is the sixth graduate and Robert Post ’77 wrote “Questioning the government of Sudan in the Darfur of Yale Law School to become a Supreme Justice: Law and Politics in Judicial region. As part of the announcement, the Court justice. He was born in Trenton, New Confirmation Hearings,” an essay on the University commended as “invaluable” Jersey, and attended Princeton University confirmation process published inThe Yale the work of the Advisory Committee on before coming to YLS. While at Yale Law Law Journal’s online companion piece The Investor Responsibility (ACIR) and the School, Alito was an editor of The Yale Law Pocket Part. Allard K. Lowenstein International Human Journal. An informal group of Yale Law School Rights Clinic at Yale Law School. Alito joins fellow YLS graduate Clarence students and alumni declared their sup- The decision to divest was made by Thomas ’74 on the U.S. Supreme Court. port for the confirmation of Alito in an the Yale Corporation, Yale’s governing The other four YLS graduates who have ad that ran in The Hill magazine. Another board, based on a recommendation by served on the Supreme Court are: Sherman informal group of faculty and students the Corporation’s Committee on Investor Minton, Class of 1917 LLM, served on reviewed all 415 judicial opinions that Responsibility, following the review of a the court 1949-56; Abe Fortas, Class of Judge Samuel Alito wrote while serving report by ACIR. The ACIR’s work included 1933, served on the court 1965-69; Potter as a Circuit Judge. And Opening Argument, an extensive research report prepared Stewart, Class of 1941, served on the court Yale Law School’s student-run political Albright Photograph (top left) by Michael Marsland; Alito photograph (opposite) by Mike Theiler /AFP/Getty Images /AFP/Getty Theiler Mike by (opposite) photograph Alito Marsland; Michael by left) (top Photograph Albright by the Allard K. Lowenstein International 1958-81; and Byron White, Class of 1946, debate publication, published both pro ˘ News in Brief

and con op-eds by YLS students on the help New Haven country. It ran in conjunction with the nomination. entrepreneurs grow unveiling of the portrait of the Honorable You can read some of the discussion their businesses—a Stephen Reinhardt ’54 of the United States that Alito’s nomination provoked at the true collaboration Court of Appeals for the Ninth Circuit. Law School on the web at www.law.yale. between the Yale Topics discussed included the challenges edu. ivy and the Elm City of helping the disabled, the problems for that gets to the heart immigrants in the labor market, and the American Academy of Arts and of the Elm and Ivy relationship between advocacy against life Awards. without parole and advocacy against the Sciences Recognizes Ian Ayres death penalty. The Liman Program was founded in In April, the American Academy of Arts Liman Public Interest 1997 by the family, friends, and colleagues and Sciences announced its 2006 Class of Program Expands of Arthur Liman ’57. Liman personified the Fellows—a group composed of 175 of the ideal of commitment to public interest. world’s leading scientists, scholars, artists, The Arthur Liman Public Interest Program Throughout his long and distinguished businesspeople, and public leaders. Among at Yale Law School held its ninth annual career, he demonstrated how dedicated those honored was Ian Ayres ’86, William colloquium on March 30 and 31, 2006. It lawyers can serve the needs of people and K. Townsend Professor of Law. Ayres’s took place in a period of expansion, grow- causes that might otherwise go unrepre- areas of study include antitrust, business ing diversity, and a weaving together of sented. associations, civil rights, contracts, cor- Yale Law School not only with its under- “We are really touched by all the help porate finance, law and economics, and graduate counterpart, Yale College, but and support that the Liman family has property. He is the author of more than a also with several other leading universities provided for public interest work,” says dozen books, most recently and colleges, including Brown, Harvard, Judith Resnik, Arthur Liman Professor of Optional Law: Real Options Princeton, Barnard, and Spelman. Law and Founding Director of the Liman in the Structure of Legal With the provision of fellowships to Program at Yale Law School. “The Program Entitlements. Six other Yale undergraduates for summer work on makes plain what law schools can do, Law School alumni were public interest and its funding of Yale working cooperatively with lawyers, cur- also elected to the 2006 Law graduates to work for underserved rent students, alumni, and undergraduates Class of Fellows: Floyd populations, the Liman Program is a at several universities to provide services Abrams ’59, Bill Clinton ’73, unique, intergenerational effort to build to those so lacking in support.” Richard H. Fallon, Jr. ’80, a community of concerned advocates “I am honored to continue my father’s Benjamin W. Heineman, Jr. focused on public service. legacy through the Liman Public Interest ’71, Lawrence Lessig ’89, and This year’s colloquium, Organizing and Program,” says Doug Liman, executive Seth Paul Waxman ’77. Reorganizing: Public Interest in Individual producer and movie director, whose films & Global Contexts, brought scholars, include Swingers, The Bourne Identity, and Elm-Ivy Award for Peggy advocates, and students from across the Mr. and Mrs. Smith. “It is my hope that even Delinois Hamilton Judge Stephen Reinhardt Peggy Delinois Hamilton, the Selma M. ’54 with his wife, Ramona Levine Clinical Visiting Lecturer in Law, Ripston, executive was awarded a Yale University Seton Elm director of the ACLU of Southern California. and Ivy Award for 2006. Established in Judge Reinhardt’s portrait 1979, the Seton Elm and Ivy Awards honor was dedicated at this individuals whose work strengthens the year’s Liman Colloquium relationship between the University and in March. the city of New Haven. In addition to serving as a member of the New Haven Board of Education and an advocate for the new community bank in New Haven, Hamilton has expanded the Law School’s Community and Economic Development

Clinic. Through that clinic, law students Shapiro Harold by right) (bottom Photograph | Y l r Summer 2006

more Fellows will have the opportunity to provide a voice and advocate for those in need.” In 2004, with a gift from Arthur Liman’s son Doug Liman, the summer undergraduate public service program expanded from stipends for Harvard students to funding for students at Brown and Yale as well. With additional support from the Liman Family Foundation, the program expanded again in summer 2005 to include students from Barnard, and this summer, students from Princeton and Spelman also participated in the program. In 1998, the summer program had three Summer Fellows and this summer will have more than two dozen. “In so far as we know,” says Professor Resnik, “we are the only such program in Top (from left): Sameera Fazili ’06, Marc Silverman ’06. Bottom (from left): Charisa Smith ’05, Paige Herwig ’06, Larry Schwartztol ’05. Not pictured: Alice Clapman ’03, Anna Rich ’03. the country that has created this kind of ‘intergenerational’ ladder of public-spirited undergraduates, law students, and gradu- The 2006–07 Liman Fellows ates. And the program is special in that it aims to help this ‘fellowship’ continue over Alice Chapman ’03 will serve her fellowship at the Immigrants’ Rights Project time. Further, we have just launched our of the ACLU in New York. first inter-law school fellowship, as one of Sameera Fazili ’06 will spend her fellowship year at Shorebank in Chicago, the upcoming Law School Fellows will be working with their affliate Northern Initiatives to create a consortium of at NYU’s Brennan Center.” community development fnancial institutions in an innovative effort to raise Deborah Cantrell, the director of the investment capital for persons with less access to such funds. Liman Program, added: “It is remarkable Paige Herwig ’06 will work at the National Women’s Law Center in proof of the effectiveness of the ‘fellow- Washington, D.C., where she will focus on state regulations of pharmacies as ship’ that twenty-three of our twenty-six she explores ways to improve access to contraception in light of the unwilling- former Law School Fellows remain working ness of some pharmacists to dispense it. on behalf of those who are underrepre- Anna Rich ’03 will work at the National Senior Citizens’ Law Center in sented or underserved.” Oakland, California, to advocate for individuals with disabilities and for low- income seniors affected by Medicare’s new private-plan-based prescription drug law. Larry Schwartztol ’05 will hold the Program’s frst joint fellowship, co-sponsored by the Brennan Center for Justice at New York University Law School; he will be a part of its Democracy Program and direct his efforts toward reform of state felony disenfranchisement laws and the enforcement of state voting rights for individuals with criminal convictions. Marc Silverman ’06 will spend his fellowship year at Advocates for Children in New York, where he will work on behalf of older youth with disabilities as they make the transition from schools to employment, post-secondary education, training programs, and independent living. Charisa Smith ’05 will begin a new project at JustChildren in Richmond, Virginia, where her focus will be on juvenile parolees in need of legal assistance Arthur Liman’s book, Lawyer: A Life of Counsel to obtain housing, education, health care, mentoring, and vocational training. and Controversy, is a guide for students She hopes to establish centers that will provide a range of services for juvenile interested in a life in public service. parolees. Photograph (bottom right) by Harold Shapiro Harold by right) (bottom Photograph ˘ News in Brief

Bernstein Symposium Focuses Law and the Humanities, is the Center’s director, and James Silk ’89, Associate Additional student-run conferences on ‘Demands of Memory’ Clinical Professor of Law, is its executive held in the spring term included: director. The annual Robert L. Bernstein The Robert L. Bernstein Fellowships in “Sex for Sale: The Commodification International Human Rights Fellowship International Human Rights were estab- of Intimacy” sponsored by the Symposium was held on April 20-21, at the lished in 1997 to honor Robert Bernstein, Yale Journal of Law & Feminism on Law School. the former chair, president, and CEO of February 4. This year’s symposium, “The Demands Random House, Inc., and the founding of Memory: The Purposes, Forms and Moral chair of Human Rights Watch. The fellow- The 13th Annual “Rebellious Obligations of Remembering Atrocities,” ships provide financial support to allow Lawyering Conference” on February focused on the moral complexity of two Yale Law School graduates to pursue 24-26. memory in the aftermath of periods of full-time international human rights work serious human rights abuses. for one year. Former Bernstein Fellows have Young Scholars Conference, The symposium began with a staged worked on projects promoting and pro- sponsored by the Yale Journal of reading of a play by Etan Frankel called tecting human rights in such diverse loca- International Law—the fourth Truth and Reconciliation, followed the next tions as Eritrea, Northern Ireland, South annual conference showcasing the day by a discussion with current Bernstein Africa, Thailand, Israel, India, and Tibet. best student scholarship in interna- Fellows, and panel discussions on “Trials The 2006-07 Bernstein Fellows are: tional law, on March 4. and Truth Commissions as Processes for Ethel Higonnet ’05, who will spend her Remembering” and “Artistic and Popular fellowship year in and around the Ivory The Yale Entertainment and Sports Forms of Memory and Memorialization.” Coast documenting sexual violence in Law Association Conference on The symposium was sponsored by the the current civil war; and Jeremy Robbins April 7. Orville H. Schell, Jr. Center for International ’06, who will spend his fellowship year Human Rights at Yale Law School. Paul in Argentina working with the Center Kahn ’80, the Robert Winner Professor of

New Website Highlights YLS Programs, People, News

THE LAW SCHOOL launched a new website at the end of May, opportunities. And not to worry—alumni favorites such as the giving the Law School a virtual-world makeover. Though the online YLS Career Connections (formerly the Alumni Mentoring www.law.yale.edu address remains the same, the site has an Network) are still available as well. entirely new graphic design, improved A new section on visiting Yale and information architecture and naviga- New Haven will help both returning tion, and more dynamic content. alumni and prospective students explore Large, rotating photos and regu- the area’s restaurants, lodging options, larly changing profiles of faculty and and cultural and recreational opportuni- students highlight the Law School’s ties. personalities and landscape. Interested The Law School web team completed in what your favorite professors are the project in record time, beginning up to? Visit the new faculty pages or work on the redesign in the fall of 2005 the News section to read news articles and launching the new site at the end of about and commentaries written by May. Consulting firm mStoner assisted YLS faculty. in creating the new information archi- RSS feeds provide dynamic news tecture and design. The new site is built and events content on the homepage, using RedDot Solutions’ content man- while the site’s new “In Focus” section agement system, which will allow for emphasizes the Law School’s strengths in a number of areas, easier updates to and customization of the site. including constitutional law, corporate law, human rights, The website redesign was generously supported by the Oscar international law, and public service. M. Ruebhausen Fund. Expanded web services for alumni include detailed informa- Alumni are invited to send suggestions for continued tion on regional events, alumni weekend, and gift and volunteer improvements to [email protected]. 10 | 11 Y l r Summer 2006

for Legal and Social Studies and the ence and responses by commentators, will Association for Civil Rights to develop and be published in Issue 9 of Volume 115. The enlarge legal recourses for prisoners seek- issue will be printed in October. ing to challenge human rights violations Symposium participants included: Dean in prisons. Elena Kagan, Harvard Law School; Cass For more information on the Schell Sunstein, University of Chicago; Steven Center’s activities and events, visit its new Calabresi ’83, Northwestern School of website at www.law.yale.edu/schell. Law; John Manning, Harvard Law School; Jack Goldsmith ’89, Harvard Law School; Sai Prakash ’93, University of San Diego Yale Law Journal Symposium Law School; Neal Katyal ’95, Georgetown Discusses Executive Power Law School; Jenny Martinez, Stanford Law

School; and Yale Law professors Jonathan Paul Posner, Jeffrey Prescott ’97, and Liu Zheng From the response Macey ’82 and William Eskridge ’78. at The China Law Center’s budget workshop in to Hurricane Katrina An alternative panel, “Disempowered Beijing. to the controversies Voices in Legal Academia,” took place as over NSA wiretapping, a result of students protesting the Law provide checks on government power theories of executive Journal’s acceptance of an article by Kiwi operate effectively in China,” noted Jeffrey power have moved Camara and his participation in the sym- Prescott ’97, associate director of The China over the past year posium. Camara had sparked protests Law Center. “Effective legislative review of from the academy to while a Harvard Law student for using government budgets is an important way the headlines. The Yale racist speech in some communications Law Journal’s March with his classmates. The panel was mod- symposium, entitled erated by YLS Professor Ronald Sullivan “To push forward reform in China, “The Most Dangerous with panelists Professor Richard Brooks, we need a sense of political Branch: Mayors, Governors, Presidents and YLS; Professor Valerie Purdie-Vaughns, Yale responsibility, political wisdom, the Rule of Law,” brought together some Psychology Department; Professor Randall of the nation’s leading legal scholars to Styers ’84, University of North Carolina; and we need people in positions discuss the issues these controversies have and YLS joint-degree student Nusrat of power to use their power to raised and to question new and existing Choudhury ’06. promote reform.” theories of executive power. The symposium kicked off online on The Pocket Part, the Journal’s online compan- China Law Center Hosts to address systematic problems like cor- ion publication. Symposium participants, Workshop on Budget ruption.” including Dean Harold Hongju Koh, began Supervision The China Law Center co-sponsored the discussion in an online forum discuss- the workshop with Professor Cai Dingjian, ing “2005: The Year of the Executive.” Other Yale Law School’s China Law Center director of the Institute for Study on panels dealt with the nature of execu- hosted an “International Workshop on Constitutionalism at China University of tive action and the theory of the unitary the Legislature, Budget Supervision, and Political Science and Law in Beijing. Cai, executive. The concluding panel asked par- Public Finance” in Beijing in May. The work- a former visiting scholar at YLS, is one of ticipants “how to rewrite Article II for the shop explored how China’s national and China’s leading experts on the legislative modern era?” local legislatures might more effectively system. Attending the two-day event “The Journal was very lucky to have exercise “the power of the purse” to help were leaders from China’s central and local chosen a topic in April of last year that improve transparency and openness in legislatures, top scholars and other gov- would be the most important topic of public administration. ernment officials. The China Law Center’s conversation in March of this year,” said Under the Chinese Constitution, assem- team also included four current and editor in chief C. J. Mahoney ’06. “We blies known as “people’s congresses” former U.S. budget officials. hope that the papers and discussions have the authority to supervise public The Chinese participants were frank generated by this event will push theories expenditures at every level of government. about obstacles to reform, while seem- of executive power beyond the traditional Scholars and officials acknowledge, how- ingly “technical” budget issues quickly paradigms.” ever, that the ability to exercise this power implicated more fundamental questions The symposium issue of the Journal, has been extremely limited in practice. of government transparency and the pub- featuring papers presented at the confer- “Few of the mechanisms designed to lic’s role in the political process. ˘ News in Brief

“The challenges they face in this area reform.” Despite the challenge, many Law and Business are enormous,” Prescott noted. “The lead- participants expressed interest in pursu- ership would like to see a more rational ing further efforts in their own localities, Colloquium Series Honors and effective public finance system, but and invited Professor Cai and The China Marvin Chirelstein there is still resistance to reforms that Law Center to work with them to design The Law School has established a col- challenge traditional power centers.” experimental reforms. loquium series in honor of Marvin A. Cai concluded the workshop by urging The China Law Center was established Chirelstein, who inspired countless stu- officials to take further action, saying, “To in 1999 to increase understanding of dents to pursue careers in the business push forward reform in China, we need a China’s legal system and support China’s and tax fields while he was the William sense of political responsibility, political legal reform process. It is directed by Nelson Cromwell Professor at the Law wisdom, and we need people in positions Professor Paul Gewirtz ’70, Potter Stewart School from 1965-82, teaching Business of power to use their power to promote Professor of Constitutional Law. Units II, Taxation of Income, and Corporate Tax. Marvin Chirelstein was a master teacher and distinguished scholar. His pathbreak- ing casebook with Victor Brudney on Corporate Finance (first ed. 1972) intro- duced modern finance into the law school business law curriculum. In addition, his Federal Income Taxation, now in its ninth edition, continues to illuminate the arcane tax world to law students. Mark ’80 and Kim Campisano generously contributed funds to endow the colloquium. A Partner and General Tax Counsel at McKinsey & Co, Mark “took every class that Marvin offered,” and recalls him with the utmost fondness: “Marvin brought a wonderful intellectual sophistication to the study of business and Yale Panel Discusses Visit of China’s President Hu tax law. His classes were always filled with penetrating analysis and playful humor. Following Chinese President Hu Jintao’s visit to Yale University on April 21, a panel of He made it easy to envision a career in faculty assembled in Battell Chapel, where they reacted to Hu’s speech and discussed these fields that was stimulating, chal- the social, legal, economic, and political realities of China. Participating in the panel lenging, and fun.” were (from left): Deborah Davis, Professor of Sociology; Paul Gewirtz ’70, Potter Stewart The Marvin A. Chirelstein Colloquium on Professor of Constitutional Law and Director of The China Law Center; Harold Hongju Contemporary Issues in Law and Business Koh, YLS Dean and Gerard C. and Bernice Latrobe Smith Professor of International Law; brings leading members of the corporate Frances Rosenbluth, Professor of Political Science; and Ernesto Zedillo, Director of the bar, business and investment communi- Yale Center for the Study of Globalization and former President of Mexico. ties, judges and regulators, to the Law Professor Gewirtz’s remarks focused on the Chinese legal system, while Dean Koh School to discuss emerging practice and spoke to the human rights issues China faces. Gewirtz discussed widespread corrup- regulatory issues, as well as scholars from tion, incompetence, and lack of legal standards in China, saying that China is “not a other institutions to present their ongo- rule of law society.” Despite the institutional problems within the Chinese legal system, Gewirtz spoke of some good news, noting that in the past twenty-fve years there have ing research on corporate governance been improvements to the Chinese political system and that economic pressures have and finance. An aim of the colloquium is prompted a new emphasis on developing a sound legal system. to provide students with a realistic sense Dean Koh called human rights in China “abysmal,” and went on to outline modes of the varieties of business law practice. of repression in China, among them censorship, detention, torture, and the brutal The colloquium is open to the Law School suppression of groups such as the Falun Gong and Tibetan Buddhists. Koh suggested community and a limited number of law that it would be in China’s best interest to modernize and democratize, saying that students can enroll in it as a seminar. the country can’t enter the 21st-century global economy with a 19th-century view of Roberta Romano ’80, Oscar M. human rights. Ruebhausen Professor of Law and Director Photograph (left) by Michael Marsland Michael by (left) Photograph 12 | 13 Y l r Summer 2006

(Above) Colloqium students; (left) Dean Harold Hongju Koh, Professor Roberta Hon William Chandler ’79 llm. Romano ’80, Marvin Chirelstein, and Mark Campisano ’80.

of the Yale Law School Center for the Study utive and former Dean, Yale SOM; Charles to work for a law firm, to listen to people of Business Law, organized the Chirelstein Nathan ’65, Partner and Global Co-Chair, with experience particularly with different Colloquium this year, which was held in Mergers & Acquisitions Group, Latham & types of deals and transactions.” the spring 2006 semester. The colloquium Watkins LLP, Rosa Testani ’88, Partner, Akin “I found it incredibly enjoyable and was inaugurated on January 30 with Gump Strauss Hauer & Feld LLP. stimulating,” agreed Valerie Jaffee ’07, “and a lecture by Campisano on “Form Over Student response to the colloquium has I think that it fills a niche that definitely Substance in International Tax Planning” been enthusiastic. “The colloquium was could use more filling at the Law School, by followed by a reception and dinner in one of the best courses I’ve taken here,” providing a relatively informal opportunity honor of Marvin Chirelstein and the said Marek Grabowski ’06. “I do think that to build an intellectual community around Campisanos. most of the courses I have taken here were corporate law issues.” Ten additional distinguished alumni more theoretical than practical, and that’s The Chirelstein Colloquium is just and law professors participated in the col- probably a good thing, but it is very helpful one of many activities coordinated by loquium during the semester, on topics for someone like myself, who intends to go continued on page 14  ranging from thinking about industry- based solutions to protecting hedge honors funds’ proprietary trading information upon employee departures, the crafting and interpretation of complex indenture provisions, behind-the-scene analyses of takeover and board succession battles, and to the decisional process for making a substantial private equity investment. Speakers included: Hon. William Chandler ’79 LL.M., Chancellor, Delaware Court of Chancery; John C. Coates, Professor, Harvard Law School; Victoria Cundiff, ’80, Partner, and Chair, Partnership Evaluation Committee, Paul Hastings; Peter Ezersky ’85, Managing Principal, Quadrangle Group LLC; Stewart Kagan ’85, Partner, Akin Gump Strauss Hauer & Feld LLP; Marcel Kahan, George T. Lowy Professor of Law, New York University School of Law; Martin YLS Awards Honor Deborah Cantrell and Brian Pauze W. Korman ’89, Partner and Chair, Mergers Winners of the Yale Law School Teaching and Staff Awards for the 2005-06 academic year & Acquisitions, Wilson Sonsini Goodrich & were: (from left) Deborah Cantrell, director of the Arthur Liman Public Interest Program, and Rosati; Robert Todd Lang ’47, Senior Partner, Brian Pauze, a user support specialist for Instructional Technology Services. A reception honor- Weil, Gotshal, & Manges LLP; Michael E. ing Cantrell and Pauze was held May 4 in the Law School’s Alumni Reading Room. Yale Law Levine ’65, Distinguished Research Scholar, Women established the annual Teaching and Staff Awards, and administers the award selec-

Photograph (left) by Michael Marsland Michael by (left) Photograph NYU Law School, retired senior airline exec- tion process. ˘ News in Brief

 continued from page 13 the Center for the Study of Business Law. The Center holds regular Weil, Gotshal & Manges Roundtables, alumni breakfasts in New York City on corporate law topics, and endowed lectures to honor John R. Raben ’39 and Judge Ralph Winter ’60. Professor Paul Mahoney ’84 of the University of Virginia gave a Winter Lecture on Corporate Law and Governance this spring entitled “Did the SEC Improve Corporate Disclosure? Evidence from the 1930s,” and Professor Oliver Hart gave a Raben Lecture on “Partial Contracts.” For more information on the Center’s activities, visit www.law.yale.edu/cbl.

YLS Community Responds to Tragedy of Hurricane Katrina Professor Ron Sullivan with Frank Neuner, president of the Louisiana State Bar Hurricane Katrina blew ashore as the Association, at the May conference on Louisiana Public Defense. 2005–06 academic year began, and the YLS community found many ways to dem- YLS Organizes Conference on Louisiana Public Defense onstrate its zeal for public service and its concern for the communities hardest hit IN MAY, YALE LAW SCHOOL and the Louisiana State Bar Association by the area’s freakish storms. The Katrina convened a meeting of national experts, judges, lawyers, and profes- Class Challenge and the Yale Law Women sors from Louisiana to discuss indigent defense in that state. Ronald S. Mardi Gras fundraiser raised nearly $17,000 Sullivan, Jr., associate clinical professor of law and supervising attor- in relief funds, which was matched dollar- ney, led the Yale contingent. Also attending from Yale Law School were for-dollar by Yale Corporation members. Stephen Bright, president and senior counsel for the Southern Center Students joined with Professors Bob for Human Rights and visiting lecturer in law at YLS; Megan F. Chaney, Solomon and Denny Curtis ’66 to develop Robert M. Cover Clinical Teaching Fellow; Andrea Armstrong ’07; and the Hurricane Relief Law Project, a new Johanna Kalb ’06. The conference was funded by a grant from the Zelia P. clinic to help focus the School’s relief Ruebhausen Student Fund. efforts. The Deborah L. Rhode ’77 Public Among the conference’s goals: providing comparative information on Interest Fund helped students travel to New the structure, operation, and funding of public defense systems in other Orleans to meet with local nonprofits to states, and facilitating informal conversations and consensus on the develop research and advocacy projects in essential attributes of a constitutional indigent defense system among housing, criminal justice, education reform, individuals critically involved in Louisiana’s public defender efforts. and local election issues. Students and fac- Moving forward, conference participants asked YLS to remain involved ulty worked with leaders of the Louisiana in the reform effort and to reconvene participants in six months to draft bar and government officials on ways to comprehensive reform legislation. restructure the state’s public defender Conference participants included Louisiana Supreme Court Chief services (see sidebar). And about twenty Justice Pascal F. Calogero, Jr.; Orleans Parish Criminal District Court students from the Law School spent their Chief Judge Calvin Johnson; Louisiana Supreme Court Justice Bernette vacation week volunteering with Habitat Joshua Johnson; and the leadership of the Louisiana Public Defenders for Humanity and other organizations in Association, the Louisiana Association of Criminal Defense Lawyers, the region to help address the severe hous- and local bar associations. Professors from the law schools of Loyola ing crisis. University, Louisiana State University, and Tulane University also attended the conference, as did public defenders from Georgia, Florida, Kentucky, Louisiana, New York, and Washington, D.C. Œ 14 | 15 Y l r Summer 2006

North Dakotans Find the same part of North Dakota: Fargo and a Second Home at YLS its environs. After making his discovery, Rudesill sent out an email to his fellow North Dakotans When a student from the Peace Garden and “suggested we get dinner and get to State arrives at Yale Law School, he know each other. I christened us the YLS typically expects to be the only North North Dakota Caucus, although we have Dakotan student in town. But when yet to lobby for anything—yet.” Dakota Rudesill ’06 arrived, he was sur- During the 2005-06 academic year the prised to discover, while flipping through group was improbably joined by a fifth the Law School Facebook, that there were North Dakotan, Casey Pitts ’08, who is no fewer than four North Dakotans in the also from Fargo. Class of 2006 alone. Even more remark- Ironically, Rudesill says, “Casey and I had Associate Dean Barbara able is that they were all basically from met once, but my wife has known him for Safriet Retires years. Casey’s older sister Amber was one of my wife’s best friends in high school in Longtime Associate Dean Barbara Safriet Fargo, and I met Casey at Amber’s wed- retired after the spring term, ending ding in Providence in fall 2002. I don’t almost twenty years of dedication to the think either of us knew then that we were School in general and the graduate stu- applying to YLS, much less that we’d both dent program in particular. Colleagues end up here at the same time!” and students celebrated her service at Whether the coincidence is just a several receptions in May. In a farewell statistical anomaly or a credit to North message to the graduate students, she Dakota schooling, these five students recalled her role as “adviser, teacher, Left to right: Joseph Pull ’06, Tom Sylvester ’06, have formed a unique friendship. They listening ear, and friend” and termed it Dakota Rudesill ’06, Casey Pitts ’08, and Charlie intend to keep in touch after graduation “the best job at the Law School.” Dean Korsmo ’06 form the Law School’s North Dakota and to “encourage other North Dakotans Safriet remains a Dean’s Senior Fellow in contingent. to apply.” Œ Law at the School. Œ voting rights YLS Students Help Protect Voters’ from New Orleans and help them vote by absentee ballot. Before the big day, we were trained in local election law, and Rights in New Orleans by John Tye ’06 we helped to organize logistics: identifying high-risk polling sites, making maps, assembling documents for poll monitors. In late April, six students flew down to Louisiana to help Election day itself, April 22, was long; we were up at 4:30 am ensure a fair mayoral primary election in New Orleans as part and we worked until 9 at night. of the Hurricane Relief Law Project. After Hurricane Katrina, a Our team from Yale played an important role. One of our group of us had started the Project to address legal issues in students confronted a sheriff refusing to let monitors into the rebuilding of the Gulf Coast. Advised by Professors Denny a poll, while another discovered that the state had given an Curtis ’66 and Bob Solomon, we spent the semester working incorrect address for one poll, a mile away from the actual on several issues, including education, criminal justice, hous- major polling site. Other members of our team stayed in the ing, and voting rights. legal command center, fielding calls from scores of volunteer The Law School gave us funding to work with the Louisiana poll monitors. While the operation of the polls was not as cha- Voting Rights Network, a nonpartisan coalition of nonprofits otic as was feared, predictions of low black voter turnout were working for a fair election. The election was controversial ultimately correct. because of accusations that the procedures in place would In the mayoral primary, incumbent Ray Nagin advanced to a effectively exclude tens of thousands of voters, especially runoff with Lt. Gov. Mitch Landrieu. (Nagin was subsequently black voters, now scattered across the country by the storm. reelected for a second term on May 30. ) LVRN planned to put poll monitors in dozens of polling sites The trip was fascinating. We were thankful for the chance throughout the city, and to run a legal command center that to tour the city’s destroyed neighborhoods, to meet activists could respond quickly to any problems that came up. from New Orleans and around the country and, after the polls We arrived at the end of a months-long campaign by hun- were closed, to squeeze in a midnight stroll down Bourbon dreds of law student volunteers to register voters evacuated Street.