Volume 12

Cover: Bankoku Sekai Igyozu

This Japanese woodcut from the early Tokugawa period was produced circa 1645, shortly after Japan was closed to all foreigners from outside the China- Korea-Ryukyu region, other than the Dutch. The illustrations of the diverse peoples of the world are influenced by foreign sources—direct observation was limited by restrictions on Japanese travel abroad and on foreign settlement in Japan. The map reflects new European cartological knowledge and map- making techniques, especially from Holland. It is reproduced with the kind permission of Tenri Central Library, Tenri University, Japan.

© 2002 New York University School of Law All Rights Reserved MESSAGE FROM DEAN REVESZ 1

S MANY OF YOU KNOW, I RECENTLY BECAME THE 14TH Dean of NYU Law. It has been a year of challenge and change— A both for NYU and for the city we call our campus—and it is an honor for me to serve the Law School during these times of transformation. One year ago this month, the tragic events of September 11 left an indeli- ble mark on the collective soul of our nation. From those first awful moments after the planes hit, the nation has struggled to understand the forces leading to the attack and to find new ways to meet the challenges of a world that is for- ever changed. Here at NYU Law, faculty and students responded immediately to the crisis by opening dialogues on the complex legal issues arising from the attacks. Throughout the academic year, conversations in the classroom, conferences, colloquia, and symposia designed to shed new light on difficult issues, and new directions in scholarship all played a role in helping us to begin to understand the global forces that enabled September 11 to occur, and to recognize the worldwide repercussions of the tragedy. In this issue of NYU: The Law School Magazine, we look at the many ways our community took action in the after- math of the attacks—with innovative academic programs and through countless acts of human kindness and compassion. We also remember those who were lost on that fateful day. In addition, we examine the NYU Law tradition of excellence and leadership in the study of international law. One of NYU Law’s major strengths has long been our commitment to providing new perspectives on the legal issues critical to an increasingly global world. Our Hauser Global Law School Program is now widely imitated by law schools around the world, and our faculty and alumni are recognized as prominent players in the international arena. This year, with the creation of the Institute for International Law and Justice and the Center for Human Rights and Global Justice, NYU Law solidifies its standing as the leader in international legal education. The Institute complements a wealth of programs designed to introduce our students and faculty to leading scholars from around the world. Its dedicated faculty pursues research interests that expose students to cutting-edge thinking on complex international legal issues. The Center will bring intellectual rigor to the debate over the problems of our post-September 11 world. As I embark upon my first year as your Dean, I wish to express my gratitude to those who have created the founda- tion of excellence upon which we build. It is a privilege to follow in the footsteps of Dean John Sexton—now President of NYU—who I believe was the finest law school dean ever. As a result of his vision, NYU Law is now poised to become the nation’s leading law school. With your help, I hope to guide NYU Law through that next step.

Richard Revesz Highlights

Transitions at NYU Law This year saw a number of changes at NYU Law. Among them was NYU President-Designate John Sexton’s transition from Dean of the Law School to President of the University, which was celebrated by friends and colleagues alike. Professor Richard “Ricky” Revesz stepped ably into the role of Dean, expressing his desire to lead the Law School to greater heights and accomplishments. Page 4

Faculty Focus At the heart of any law school is its faculty. In this section, meet some of the men and women who have helped bring NYU Law to the forefront of legal education. Page 90

International Year of the Future With the addition of the Institute for International Law and Justice this year, NYU Law strengthened its already stellar international law program. The Institute complements the well-established Hauser Global Law School Program, which has long demonstrated NYU’s commitment to legal issues of global importance. Page 52

A Community Transformed NYU Law remembers September 11, 2001 — a day that changed America forever. Page 90

Breaking New Ground Construction of the new building on West Third Street began in September 2001. United States Supreme Court Justice Sandra Day O’Connor attended the groundbreaking ceremony — the first major groundbreaking in New York City following the September 11 attacks. Page 132 Contents Features

Fea4 Transitions at NYU Law Faculty News 4 12 Graduation 2000 Faculty Focus A reprint of the Law School’s 4 Building A Law School That Has Never Been A reprint of the Law School’s 52 International Law for the Future

4 Gradu 90 ation 2000 A Community Transformed A reprint of the Law School’s 4 132 Breaking New Ground

138 Graduation 20024 Reunion 2000

146 Reunion 2002 ADepartments reprint of the Law School’s Departments Departments 43 4 Publications Pubns

A r of 4 The Global Law School Program 76 Hauser Global Law School Program A reprint of the Law School’s 4 102 Around Vande Around Vanderbilt Hall

4 rb154 The Global Law School and Human Alumni News

5

Transitions at NYU Law

TWAS A YEAR OF CHANGE FOR NYU LAW, MARKED BY NYU I President-Designate John Sexton’s transition from Dean of the Law School to his new post as President of NYU. Although Sexton continued to serve as Dean until June 2002, he also played an increasing role in strategic decision-making for the entire University. In June 2002, NYU Law Professor Richard Revesz, a member of the Law School faculty since 1985, assumed the deanship of the School. In the pages that follow, we introduce you to Revesz, who shares with us his vision for NYU Law. We also bid farewell to John Sexton—whose boundless energy and love for “the enterprise” took the Law School to unimaginable heights. 6 AUTUMN 2002

Law. His activities in those areas are not Meet Dean Richard Revesz: limited to academic research and instruc- tion. He serves as a member of the En- A New Generation of Leadership vironmental Economics Advisory Committee of the U.S. Environmental Protection Agency’s for NYU Law Science Advisory Board; as co-reporter for the Judicial Review section of the Ad- ministrative Procedure Act Project of the When word went out that Dean John Sexton had been named the next American Bar Association Section on Administrative Law and Regulatory Practice; President of New York University, there was plenty of talk about possible and as a member of the Board of Directors of the American Law and Economics candidates to replace him. It was no great surprise when the Law School’s Association. Since 1994, he has been the codirector of NYU Law’s nationally ac- own Professor Richard Revesz rose to the top of the pool of potential claimed study of innovative financial aid mechanisms, which has led to changes in candidates. Ricky, as he is widely known, is, in Sexton’s words, “possessed the financial aid practices of the leading of the vision and energy to lead NYU Law to the next level.” law schools. NYU Law: Why did you want to be the dean of the Law School?

Dean Revesz: I’d been on the faculty for 17 years, so I knew that this is a terrific insti- tution with lots of potential and energy to tap. The students, alumni, and faculty have improved NYU Law in every decade, and have set consistently higher ambitions for the school. The deanship of John Sexton over the last 14 years really made it possi- ble for us to aspire to be the leading law school in the nation. We’ve done extremely well, but we are not self-satisfied. I was fas- cinated by the challenge of how to get the Law School to the next level, and I thought I could contribute something to that. I was attracted to the position because NYU Law is not just a high-quality institu- tion, but also one that does a lot of good out in the world. Dean Richard Revesz with his wife, NYU Law Professor Vicki Been NYU Law: What do you mean?

Richard Revesz, NYU Law’s 14th Dean, Court, he met his future wife, NYU Law Dean Revesz: Let me give you two examples. was born in Argentina and holds a B.S.E. in alumna (and future professor) Vicki Been There are, of course, many others. First, Civil Engineering and Public Affairs from (’83). He was appointed to the NYU Law we make our education accessible to stu- Princeton University and an M.S. in faculty in 1985, promoted to associate pro- dents regardless of what career paths they Environmental Engineering from MIT. He fessor in 1988, and became a tenured pro- want to follow. In the mid-90s NYU Law received his J.D. from Yale Law School, where fessor in 1990. He has been the Lawrence conducted a ground-breaking study of he was editor-in-chief of the Yale Law Journal. King Professor of Law since 2001. Revesz innovative financial aid mechanisms After clerking for the Honorable has also been a visiting professor at designed to help students wishing to pur- Wilfred Feinberg of the United States Court Harvard, Yale, Princeton, and the Uni- sue careers in public service pay for their of Appeals for the Second Circuit, Revesz versity of Geneva, and has published more education. We came up with a principle clerked for the late Honorable Thurgood than 50 articles and books. that said if someone graduated from NYU Marshall of the United States Supreme Revesz, now 43, teaches courses in Law, and then held a job in public service Court. During his time with the Supreme Environmental Law and Administrative for 10 years following their graduation, TRANSITIONS AT NYU LAW 7 the full cost of their loans would be borne by the Law School. That makes it possible for us to send out into the world—into these enormously important positions— people who have had the benefit of our excellent education. We also have a Global Public Service Program, that brings to the Law School people who will be leaders for legal reform in developing countries. The best aid we can give to developing countries is to train people to be effective under rule-of-law regimes, because so much depends on a strong rule-of-law foundation. Without that it’s hard for developing countries to improve upon their situations.

NYU Law: As a young law clerk for Thurgood Marshall, you were recruited by NYU Law. Didn’t your wife have something to do with that?

Dean Revesz: Yes, she did. I met Vicki when Dean Revesz chats with admitted students we were clerking on the Supreme Court. She was clerking for Justice Blackmun. We be- came friends because of the pattern of phys- Five years later, Vicki herself became a as much of that pattern as I can. I don’t ical exercise among the clerks. Most of the professor at NYU. That was 12 years ago, want to be out every evening. I want to male clerks played basketball in the after- and it’s been a wonderful professional home protect dinnertime as much as possible. I noons, but I liked to jog. Meanwhile, the for both of us. We’ve been very happy here. think it’s important to send the message female clerks went to a morning exercise that one can be an effective professional class that was organized by Justice NYU Law: So NYU Law is a family affair? and work very hard, but still spend time O’Connor, but Vicki couldn’t go because with one’s family and have a family- Justice Blackmun had breakfast with his Dean Revesz: More than you know. I am friendly administration. I do believe I can clerks every morning. So we ended up jog- blessed with two wonderful kids—Joshua is be an effective dean under those con- ging together. That’s how we got to know 11 and Sarah is 8—and they often offer straints. And so far it’s worked out nicely. each other, though we didn’t become an advice. They have quite a good sense of item until later. what the Law School should do. I recently NYU Law: What would you say is one of Vicki is an alumna of NYU Law and the took a car to a meeting because I needed to the most distinguishing things about the Root-Tilden-Kern Program, class of ’83. return some phone calls, although usually I Law School? Law schools traditionally ask their gradu- take the subway. Sarah said, “Why did you ates who are clerking to recommend other take a car? Wouldn’t you rather spend that Dean Revesz: Our faculty and their commit- clerks for faculty appointments. She rec- money recruiting more faculty to the Law ment to our students. My colleagues are ommended me, and encouraged me to con- School?” That was a good point! leaders in their fields. It makes a big differ- sider her alma mater. NYU was This year, Vicki was the co-chair of the ence to the students to be able to study enormously insistent. The people who appointments committee. We were looking with people who are not just good exposi- came down from NYU for the interview very closely at certain candidates, and com- tors of the material, but are creating the were John Sexton—this was before he was peting with a number of peer schools. So dur- material. And if you look across the areas of dean—and Professor Samuel Estreicher. ing dinner the kids would ask us “How’s law, you see that we have enormously dis- They were very persuasive. NYU was look- Katrina doing? How about Rebecca? Do you tinguished colleagues in many fields. ing for someone at that point to teach envi- think Rachel will come?” It was very cute. I tell prospective students all the time ronmental law, which was an area I was I had to do some soul-searching about that they may not really know coming in to interested in. They made it sound like if I my family life when I decided to take the law school what kind of lawyer they want to didn’t accept this job then, there would deanship. Vicki and I have organized our be. Very few people do. But something is never again be a vacancy for someone with lives around being with the kids for dinner going to click someday, maybe in class, or in my interests. So it was a bit of a hard sell, most nights, and generally work after they a hallway conversation with other students, but I guess it was effective. go to bed. It’s important to me to maintain and when it clicks and they realize what 8 AUTUMN 2002

their niche is, it is likely that we have faculty But we are not just training students for NYU Law: To what extent will you stay with enormous strengths in that area. their first jobs or simply for successful involved in scholarly work yourself? Even more important, our faculty are careers; we are training them to be leaders. very interested in teaching students. These The legal leaders of the future ought to Dean Revesz: This is a big issue I had to face are not people who stay in their offices worry about how U.S. law interacts with the when considering whether to be interested in doing their research and teach little. We legal systems of other countries and of the this job. I certainly will remain involved in don’t believe in that. Our stars, including international community, and how it affects the Monday luncheon discussion of our fac- our most senior lateral appointees, are a and is affected by the presence of a global ulty’s research. And I hope at least to remain mainstay of our curriculum, teaching the economy. So we expose our students to these intellectually active in the areas I’ve been required first-year courses and the large ideas and concepts. writing about. I’ve looked at the experiences upper-level courses such as Constitutional of deans of peer schools, and some of them Law, Corporations, and Tax. And we also do NYU Law: What can NYU Law alumni have been successful and are staying a lot of teaching in small groups, so stu- expect of you as a dean? involved in academic work. My main focus, dents really have access to the faculty. We of course, will be on continuing our remark- have a very large clinical program with 15 Dean Revesz: Our alumni are a very impor- able upward trajectory, but I hope to main- full-time faculty members, who teach at a tant constituency for us and I hope to do all tain some scholarly presence. I’ll also student-teacher ratio of 8 to 1. And we I can to make them feel an integral part of continue to teach a four-credit environmen- invest very heavily in the colloquia—we the school. They are critical to our long- tal law course in the Fall. I was advised have almost a dozen of them every year— term success—not just through their finan- against doing this in my first year as dean, which typically have 15 to 25 students, cial support, but through their time and but decided that I should. It’s a way of stay- who get exposed on a weekly or biweekly energy and expertise. For example, I have a ing up-to-date in my field. And I look for- basis to the presentation of working papers workgroup on technology right now, study- ward to continuing to have ongoing by the leading academics in the United ing how we can enhance technology sup- substantive interaction with students. States and the world. port in our school, and three trustees are on the committee. There’s no way we can NYU Law: Your predecessor, Dean John Sexton, NYU Law: Why is it important for NYU to be replicate their expertise internally—we’re a was known among staff and faculty by his the “global” law school? law school, not a high-tech company. In our first name. Can we call you Ricky? building project, also, the expertise that Dean Revesz: One can’t provide a first-rate alumni provided couldn’t have been repli- Dean Revesz: I encourage my students to call legal education without paying very close cated in-house. We could not be the great me by my first name, to make them more attention to the legal systems of other coun- Law School I aspire for us to be with the comfortable. I feel the same way that John tries. The best U.S. lawyers come into con- efforts only of those who are here full-time. Sexton did about this. I don’t think anyone tact with other legal regimes all the time. It has to come from a partnership with our in the building ever called him “Dean For example, it’s almost no use to know that alumni. I am now working on a variety of Sexton.” The informal tone he set is one the merger between two companies will be ways to involve our alumni and the New I admire. It was important to the remarkable feeling of community that binds our stu- dents, administrators, faculty, and alumni. I think it’s important to send the message that one can Speaking of names, when I joined the fac- ulty, Sam Estreicher pulled me aside and said be an effective professional and work very hard, but that Ricky was an inappropriate name for a still spend time with one’s family and have a law professor, and I should be called some- thing more dignified, like “Richard” or family-friendly administration. “Dick.” I didn’t follow his advice, but after my appointment as dean was announced, I sat in my office waiting for Sam to call me approved in the U.S. by the Federal Trade York bar more generally in the substantive and tell me that if it was an implausible Commission—if the European Union disap- work of the Law School. Being in New York name for a law professor, it’s certainly inap- proves of it, the deal will be dead. Or, for gives us enormous comparative advantage propriate for a dean. (He never called.) In example, an environmental regulation that because we can tap the expertise of the fact, a lot of people have weighed in on this, might not be successfully challenged under leaders of the nation’s legal community. We including a number of trustees, who feel that the takings clause of the U.S. Constitution, must move beyond the traditional model I should be Richard instead of Ricky. As might give rise to a successful challenge under which adjunct faculty teaches in the much as I respect them—and they are won- under a bilateral or multilateral trade agree- evening but does not interact much with derful people and I’m inclined to follow their ment, such as NAFTA. We had a terrific the full-time faculty. Both sides miss out on advice in every other area—they might have conference on this subject in April (see page the chance to enrich each other’s thinking. the same uphill struggle that Sam had back 69). Most lawyers in this country don’t I expect to have more to say about this in 1985. I am and will remain Ricky. ■ worry about the law beyond our borders. topic next year. TRANSITIONS AT NYU LAW 9

at Harvard Law who clerked with Sexton as John Sexton Passes the Baton a young lawyer, said that when John joined Judge David Bazelon’s chambers as a clerk, he greeted everyone with hugs, eventually During the 14 years since John Sexton became Dean, NYU Law destroying the competitive atmosphere that had dominated the office. He was “larger has experienced a remarkable transformation into one of the world’s than life many years ago, and he’s only grown,” Minow said. Sexton’s immense pres- leadership law schools. Key to this change has been a strategy based ence was also celebrated by his good friend and counselor-designate, NYU Law Profes- upon attracting extraordinary faculty, developing a strong sense of sor Norman Dorsen, who spoke via video- tape of Sexton’s accomplishments (see page community among faculty and students, establishing the Law School’s 10 for the full text of Dorsen’s speech). NYU Law professor Oscar Chase re- unique Global Law School Program, creating advanced interdisci- ported that the faculty had struggled to think of a gift that would reflect their collec- plinary colloquia for faculty and students, enhancing clinical offerings, tive sense of affection and admiration for Sexton. They considered a fine clock or a and expanding the research and pedagogical use of technology. watch, but dismissed both ideas. “So,” Chase said as he brought John onstage, “we are honoring future generations with an endow- ment for excellent service to the community that Sexton embraced.” Student Bar Association President Rishi Bhandari made reference to the annual Law Revue, in which Sexton’s character is always featured prominently, when he remarked that he hoped the portrait would be three- dimensional because “John’s not just a Dean, he’s a poetic muse.” A medley of musical numbers from this year’s show were then performed by the cast, including “Don’t cry for me NYU Law—the truth is I’ll never leave you,” which Sexton’s character sang to the tune of “Don’t Cry for Me Argentina.” The ceremony culminated with Dean- Designate Richard Revesz describing Sexton Standing before a gathering of his colleagues on the Dean’s Search Committee, John Sexton handed Richard Revesz as “the finest Dean of all time.” When a purple “baton of excellence” he said had been held successively by the law school’s past deans. Sexton took the microphone, the emotion in the room was palpable. “The portrait is a moment in an institutional history, and one Throughout the year, we said goodbye The Chairman of the Board of Trustees, volume is now complete,” Sexton said. He and honored this special man with a variety Lester Pollack (’57), opened the ceremony, was quick to recognize others who had of events designed to make his last year at observing that a picture may be worth a helped shape and contribute to his success as the Law School a memorable one. And dur- 1,000 words, but speakers would “not be Dean: his family; a high school teacher (who ing the Fall 2002 semester there will be even held to word limits in reviewing Sexton’s was in attendance); former Law School Dean more celebrations to commemorate his achievements.” Every part of the Sexton Arthur Vanderbilt; Martin Lipton; Lester installation as NYU’s 15th president. community—NYU Law and beyond— Pollack; Norman Dorsen; and the trustees came together to express its appreciation of and alumni with whom he served. Sexton PORTRAIT UNVEILING him, making clear that Sexton does not dis- deflected responsibility for the school’s suc- It’s tradition at NYU Law to adorn the tinguish among the many hats he wears. cess, crediting the outstanding faculty, the walls of Greenberg Lounge with portraits of Whether as Dean, professor, colleague, hard-working administration, and the excel- the school’s Deans as they retire their post. clerk, relative, or friend, he exudes enthusi- lent student body. “It’s all about staying in But no amount of preparation could have asm, encouragement, and love. the race of improvement,” he said. “What readied Sexton for the admiration and adora- Many who know Sexton have experi- we’ve created doesn’t depend on one person, tion that filled Tishman Auditorium on the enced his enthusiasm in the form of his infa- thankfully. It wouldn’t have been worth cre- occasion of his portrait unveiling. mous bear hugs. Martha Minow, a professor ating if it did.” ■ 10 AUTUMN 2002

John’s early initiatives, and I concluded the Norman Dorsen Pays Tribute paragraph by saying, “There is ample hope that within a few years NYU Law will be to John Sexton firmly established in fact and in the con- sciousness of the profession and the public as being among the best in the nation.” When hospitalization prevented Professor Norman Dorsen from attend- I wish I could recall exactly what I meant by “ample hope,” but whatever I meant we ing John Sexton’s portrait unveiling ceremony, he prepared these heartfelt now know that those hopes have been spec- tacularly fulfilled. The achievements of the words, which were videotaped and aired during the celebration. last decade or so have surely established the NYU School of Law in the front rank. An incomplete list of successful actions under John’s guidance would include high quality faculty development in varied fields and pedagogical approaches; a sharply improved student body and many new out- lets—including several new journals—for their talent and enthusiasm; the rationaliza- tion and upgrading of the LL.M., M.C.J., and J.S.D. graduate programs; improved administration in many areas, including financial administration, student admis- sions, financial aid, placement (including judicial clerkships), and the management of our buildings; alumni development and fund-raising; new systems or criteria for adjunct professors, for grading of students, and for the award of distinguished chairs to faculty; and the encouragement and support of new or expanded programs in, among other subjects, criminal law, environmental law, innovation law and policy, international law, labor law, and global law; the introduc- John Sexton and Norman Dorsen tion of several successful new clinics and an improvement in the Lawyering Program; and the renovation of Vanderbilt Hall and It is a great privilege to speak on this speak to the Council at its first meeting the planning and financing of the new happy occasion as John’s portrait takes its about the history and development of the building on West Third Street. place alongside those of prior Deans. School. When I finished my remarks, John Of course, John has left unfinished busi- Although I was asked to represent the fac- said to me, “It went very well. Let’s publish ness, and not all of his ventures panned out ulty today, and I hope I can do so adequately, your paper in the first issue of the new NYU as planned. Ricky need not worry that there in the last analysis I can offer only my own Law magazine that is being planned.” I will be little for him to do. But taken as a views of John and his remarkable Deanship, replied that I was speaking only from notes whole, the accomplishments of the Sexton because each of my highly independent col- and didn’t have a manuscript. He waved this deanship are staggering and thoroughly jus- leagues surely has a distinctive opinion of off by saying, “Don’t worry, I had your talk tify John’s reputation as the finest law school John’s 14 years as our leader. I need hardly taped.” I learned something about John Dean of his generation, at the least. add that I regret the impersonal delivery of from that incident. How did this deanship come about? these remarks, which as you have heard is In any case, the published article was More precisely, what were the qualities John necessitated by my recent operation. titled “How NYU Became a Major Law brought to his new post? These qualities It may be helpful to go back to the School.” After reviewing prior events, I seem to me to include: beginning, or almost to the beginning. Soon came to the new Dean, and I wrote, “It is • High aspirations after John became Dean in 1988, he acted to too early to assess the current period, but it • Unshakeable optimism revitalize the alumni, and in 1990 he orga- is evident that John’s extraordinary energy is • Inhuman energy nized a meeting of a new Council on the matched by his limitless ambition for the • A thoroughly apolitical approach to the Future of the Law School. He asked me to Law School.” I then recounted some of work of faculty and students TRANSITIONS AT NYU LAW 11

To understand why the positive glows so Yet, on reflection, this has been one of the brightly after 14 years and the negative is salient features of John Sexton’s deanship. hardly a blip on the screen, I think we must It includes his well-known love for the Law peer a bit further. There are, I think, two School. How often have we heard him ways to describe what has happened here. speak affectionately, even passionately, The first is commonly invoked—it is lead- about the institution, to the degree that ership. Like courage and wisdom, leader- some eyebrows lifted and many eyes rolled. ship has always seemed to me better That is part of the love I mean. But I understood by observing its manifestations also mean love of the people who make up in life than through any overarching defini- NYU Law. Why else would he spend tion, no matter how thoughtfully com- countless hours, in his office and out, con- posed. The manifestations in this case are versing with so many, forging relationships, obvious—some I have already noted—but and seeking ways to better each person and, even they do not fully tell the tale. An through them, the institution? Why else important indicia of leadership consists of would he spend an entire weekend, again the ability to induce others to work enthu- and again, with a prospective faculty mem- siastically on your agenda. By this test John ber and his or her family, showing off the is surely a great leader, as many of us know School and New York City and possible John Sexton shows off a going away present firsthand. Another way to look at it is to housing opportunities? recognize, as Justice Holmes was fond of You wouldn’t believe me, and you saying, that people live by symbols. shouldn’t, if I said that John harbors similar • A focus on the essentials: quality faculty, Sometimes these symbols are physical, like feelings for everyone; like all of us he has quality students, and resources—some- a flag or a picture, and sometimes they con- preferences, and sometimes (though rarely) times known as money sist of a phrase or even a word. John intu- he has dislikes. But I hope you will believe • Deep connections to people at all levels, itively understands this, as evidenced by his me when I say that it would be impossible from trustees to first-year students, frequent references to the “community,” the to strive harder than he has to overcome including people from his past, so that it “NYU family,” or the “enterprise.” I won- these feelings so that everyone could be seems that everyone John ever met from der how many faculty members, like me, brought into the fold. I often have heard grade school on has been incorporated tired a little of hearing those words and the him express the hope that someone he felt into the Law School’s life hydraulic pressure they imposed on us to was not committed to the “enterprise” • The capacity and will to delve deeply, get with it. But the words nevertheless could be persuaded to engage, and I have analytically, and creatively into both stand for something, something important, heard him mention with solicitude col- longstanding and emerging problems and over the years they have had the leagues who would be amazed to learn that But these admirable traits should not be desired effect on faculty, administrators, he was concerned about them and won- taken at face value. Most of them, partly and students of fostering a recognition that dered how he could get closer to them. because of John’s intensity, carry a potential the Law School is a joint and cooperative I consider all this to be love. It goes well downside. For example, high aspirations mission, and that personal preference beyond the merely rational to a level where can be quixotic and unachievable and there- should sometimes yield to the common we are moved by instincts that come from fore result in waste and disillusion; opti- good. It also does no harm that John has a unknown places. It is, I think, a major ele- mism can be Panglossian and lead to lively sense of humor, is open to criticism, ment of John’s character and personality self-defeating exaggeration; excessive will change his mind, and is uncommonly and ultimately his success. amounts of energy (combined with little generous with praise, publicly and pri- Now the Law School must look to the sleep) can lead to burnout; a scrupulously vately. This is leadership—intellectual, future and to its next generation of leaders. apolitical approach can be barren; and an emotional, and moral. John’s ability to In the article I referred to earlier on how analytic focus on only the essentials can motivate would have impressed even NYU became a major law school, I men- slight other important problems. Knute Rockne. tioned three ideas that, to me, epitomize a These negatives, you will observe, are The second way to make sense of John’s great institution. They are quality, variety, rarely alluded to in appraising John’s tenure deanship is less often invoked. It rests on and heart. Of these, quality is the most because of the overwhelmingly positive the power of love. “Love” may seem an odd important but, paradoxically, once a certain results of his affirmative qualities. Even standard for a dean. NYU School of Law level is reached, it is the easiest to maintain. John’s well-known difficulty in getting has just completed a dean search, and many I hope variety and heart, also legacies from numbers right is mitigated by the fact that desirable qualities were mentioned during the Sexton years, will continue to be avidly this problem mysteriously disappears when the process. These include intelligence, pursued, to the enrichment of the Law the number reaches one million. Indeed, scholarly achievement, energy, administra- School, its many constituencies, and the John’s only deep flaw is his unaccountable tive ability, academic philosophy, and broader public. ■ allegiance to the New York Yankees. vision. But love? How can it be relevant? 12 AUTUMN 2002 13

Faculty Focus

YU LAW ATTRACTS— AND KEEPS— LEADING SCHOLARS Nfrom around the world year after year. Together with an outstand- ing student body, the faculty ensures the ongoing success of the Law School. The accomplishments of NYU Law faculty are unparalleled. On the following pages, you’ll discover the people who help set the Law School apart and make it a proven leader in legal education. You’ll also meet five new members who joined the faculty in the past year, each bringing a high level of expertise to the NYU Law curriculum. 14 AUTUMN 2002 Ever Since Marbury: Concluding Observations BY LARRY KRAMER

The following excerpt was adapted from the might best be left for the people to resolve concluding section of “We the Court,” NYU Law using the ordinary devices available to Professor Larry Kramer’s acclaimed Foreword to express their will seems beyond the the Supreme Court issue of the Harvard Law Rehnquist Court’s compass. Politics begins Review (115 Harv. L. Rev. 4, 158-69, 2001). where the Constitution leaves off, and what The article describes the emergence of judicial the Constitution allows the political review out of 17th and 18th century understand- branches to do is in all events to be decided ings that Kramer labels “popular constitutional- by the Court. This is judicial sovereignty. ism.” In this regime of popular constitutionalism, We have come a long way since James it was “the people” themselves who were directly Madison said that making the judiciary responsible for interpreting and enforcing the “paramount in fact” to the legislature “was constitution, a task discharged though political never intended and can never be proper.” Professor Larry Kramer practices that ranged from voting to mobbing. It is important in this regard to under- Courts might offer their views in the context of lit- stand how the Court reached the position it igation, but these were not binding or authorita- has and why the Justices seem so confident ordinary-law terms could lead one to con- tive in any sense. The article describes how this that what they are doing is right. It is too clude that any limitations it imposes must system evolved until something like the modern easy, in my view, to ascribe the course of the be of a kind enforceable by courts. Indeed, understanding of judicial review first emerged in Rehnquist Court to politics alone, at least “constitutional limitations” and “judicially the 1830s. Even then, it coexisted with tradi- to politics in the narrow sense. That the enforceable” have become virtual synonyms tional practices in a way that left a great deal of Justices do or do not like certain laws obvi- for the Rehnquist Court, inseparable if not constitutional law to be settled in and through ously plays a role, and the political conser- indistinguishable. The final piece of the politics. This mixed system thrived for a century vatism of the five who have controlled the puzzle is not so much an idea as an under- and a half but is currently under assault from Court’s major decisions in recent years is standing of constitutional history, one that the Rehnquist Court, which has pursued a vision surely part of the story, maybe even a big reaffirms the need for court-imposed limits of constitutionalism under which only the Court’s part. But such an account is one-dimen- by demonizing popular politics and cele- interpretations of the Constitution matter. This sional. It leaves out the fact that the Jus- brating the role of the judiciary in controlling is the real import of decisions like Lopez v. tices are also lawyers, who have spent the the people. The conservative majority on United States, City of Flores v. Boerne, and better part of their lives working in and the Rehnquist Court do not see themselves even Bush v. Gore—all reflecting the present with law. Their ideology is more than an as usurpers. They do not see themselves as Court’s insistence that it alone can decide what array of preferences for one or another out- activists (because it is not activism to re- the Constitution means. Judicial supremacy under come in particular cases. It includes an ide- store the “true” Constitution). Indeed, I have the Constitution is becoming judicial sovereignty ology of constitutional law itself, a set of little doubt but that they see themselves as over the Constitution. beliefs about the nature and meaning of the heroic, as close kin of the courageous judges *** Constitution that makes them think they who stood up against segregation in the Bush v. Gore, it should by now be clear, are right to intercede in politics as aggres- South. Bush v. Gore was not a travesty from is not such an exceptional case after all. sively as they have. These beliefs constitute their perspective. It was their finest mo- Quite the opposite, it is from a certain per- the intellectual matrix of the Rehnquist ment, a case of taking the political heat to spective emblematic of the Rehnquist Court Court’s conservative majority. do the right thing. and its jurisprudence. The defining charac- The first of these ideas is that the One finds these themes—the treat- teristic of that Court is not its commitment Constitution is nothing more than a species ment of the Constitution as ordinary law, to political conservatism or a love of states’ of ordinary law, hence something whose the conflating of constitutional limits with rights. Such labels may accurately describe content and meaning are properly resolved judicial enforcement, and a view of consti- the Court’s politics and outcomes, but at the by judges. Politics is where you go to tutional history that vindicates and base of its jurisprudence, facilitating if not amend the Constitution, courts are where demands aggressive judicial interven- driving decisions, lies the Justices’ convic- you go to interpret it. The idea of constitu- tion—interwoven throughout the Court’s tion that they and they alone are responsible tional politics outside the amendment pro- opinions. While striking down provisions for the Constitution. Apart from the narrow cess is, to the Rehnquist Court, a threatening of the Violence Against Women Act in political question doctrine and a theoretic and possibly oxymoronic prospect. A second United States v. Morrison, Chief Justice possibility of amendment, any notion that idea seems to follow from this first one, Rehnquist dropped a long footnote to elab- what the Constitution does or permits inasmuch as conceiving the Constitution in orate his position that limits on congres- FACULTY FOCUS 15 sional authority vis-à-vis the states cannot beginning. We have never had the purely the Constitution, a change from viewing be “solely a matter of legislative grace.” legal Constitution of the Rehnquist Court, constitutions as a special kind of fundamen- Justice Souter’s dissenting claim that the a stripped-down fundamental law whose tal law outside the regular legal system, to limits of Article I had been left to politics, democratic essence has been abstracted to a seeing them as a species of ordinary law the Chief Justice said: distant horizon. Nor has stewardship of our subject to conventional rules of legal inter- is remarkable because it undermines this cen- Constitution ever been turned exclusively pretation and precedent. Obviously, this tral principle of our constitutional system. As we over to lawyers and judges. shift did not itself or alone cause judicial have repeatedly noted, the Framers crafted the fed- The point is not that the Rehnquist review to change. It was, rather, part of eral system of government so that the people’s rights Court’s vision of the Constitution is wrong a broader web of circumstances in which a would be secured by the division of power. …No because the Founding generation would different sort of judicial involvement made doubt the political branches have a role in inter- have rejected it, or because popular consti- sense. These circumstances, in turn, helped preting and applying the Constitution, but ever tutionalism has been a vital part of our prac- to make the change plausible—and did since Marbury this Court has remained the ulti- tice all along—though both things are true. much to make it occur seamlessly—by mate expositor of the constitutional text… [Justice I am not interested (here) in getting into a opening up the possibility of a theoretical Souter’s] assertion that…public opinion has been complex debate about how much normative account in which a newly robust judicial the only restraint on the congressional exercise of weight history should carry in law. My pre- role seemed natural. the commerce power is true only insofar as it con- sent objective is more modest: to denatural- The older practice nevertheless survived tends that political accountability is and has been ize a set of assumptions that are taken as and, in some respects, flourished. Like judi- the only limit on Congress’ exercise of the commerce natural by many, including especially the cial review, popular constitutionalism also power within that power’s outer bounds.1 conservative majority on the Rehnquist changed, evolving as the forms of 18th-cen- Every statement here is wrong. Or, not Court and its supporters off the Court. tury politics gave way to a modern political so much wrong as made without context Insofar as the Justices have chosen their system in which popular views are ex- and grossly oversimplified. This is constitu- path in the belief that, in doing so, they are pressed through a thick network of mediat- tional history in a funhouse mirror, a warped vindicating the Constitution, either as it was ing institutions (political parties, lobbies, picture whose features are distorted at pre- originally understood or as it was viewed the media, public interest organizations, cisely those points where it matters most. until recently, they are mistaken. unions, and the like). As this occurred, pop- The Founding generation did not solve the problem of constitutional interpretation and enforcement by delegating it to judges. The Founding generation did not solve the problem of Their thinking was more complex and, frankly, more imaginative than that. They constitutional interpretation and enforcement by delegating were too steeped in republicanism to think it to judges. Their thinking was more complex and, frankly, that the solution to the problem of republi- can politics was to chop it off at the knees. more imaginative than that. They were too steeped in Their structural solutions were meant to republicanism to think that the solution to the problem of operate in politics: elections, bicameralism, an executive veto, political connections republican politics was to chop it off at the knees. Their between state and national governments, structural solutions were meant to operate in politics: and, above all, the capacity of politicians with competing interests to appeal for sup- elections, bicameralism, an executive veto, political port to the people who made the Con- connections between state and national governments, and, stitution. An idea of judicial supremacy did eventually emerge, but it was fenced in by above all, the capacity of politicians with competing interests concern for preserving the essence of this popular constitutionalism. The precise to appeal for support to the people who made the Constitution. terms on which these competing principles were accommodated has varied over time, It does not automatically follow that they ular constitutionalism became routinized as but they have both been with us all along. are wrong to revise the scope of their author- an aspect of ordinary politics. The potential And no matter how often the Court repeats ity. But it does follow that they need an for more radical movements remained and, that it has been the ultimate expositor of explanation and a justification they have yet indeed, still expresses itself from time to the Constitution since Marbury, it still will to provide. Certainly more needs to be done time on profound issues or during national not have been so. Popular constitutional- than quoting Marbury out of context or offer- crises. But a broad range of less profound ism—understood as a domain in which the ing really bad renditions of the Founding. constitutional matters were left for resolu- people are free to settle questions of consti- Among the central themes of this tion by and within the political branches of tutional law by and for themselves in poli- Foreword is that the modern practice of government on a running basis. The precise tics—has been a prominent feature of judicial review originally derived support distribution of these more prosaic constitu- American constitutional practice from the from a shift in thinking about the nature of tional questions between courts and politics 16 AUTUMN 2002

long remained uncertain, generating ten- tory. But these arguments—like the banal sions as one side or the other asserted itself. chant that if judicial review makes sense for The New Deal crisis was significant because individual rights it makes no less sense for Harvard Law Review it resolved these boundary disputes and set- federalism—draw much of their strength Supreme Court Forewords: tled the century-old territorial war by as- from this implicit foundational assumption signing particular responsibilities to each. about the nature of the Constitution: the A Tradition of Excellence in This resolution was (as such resolutions Constitution is law, and this means the invariably are) pragmatic and practical, whole Constitution; it sets limits, and if Constitutional Scholarship and the problem of justification remained. judicial review makes sense for any of these Since 1950, the editors of the Harvard Law An immense body of work soon emerged limits, it makes the same sense for all of Review have selected a prominent scholar of to rationalize and explain the post-New them. Take this hypothesis away and the constitutional law to write a “Foreword” to the Deal structure of judicial review. But ten- arguments may not completely dissolve, Review’s annual survey of the Supreme Court. sion remained at a deeper intellectual level, but they lose their potency. The Forewords have acquired enormous prestige for the practice of popular constitutional- It is, of course, possible to conceive of and influence over time, so much so that they ism is not easy to square with a conception the Constitution as ordinary law while still themselves have become a subject of scholarly of the Constitution as ordinary law. Most believing that judicial review is or ought to writing.1 In any given year, the Foreword is lawyers and judges were content with the be confined. Most defenders of the old New among the most widely read scholarly publica- resulting system and the explanations Deal regime and critics of the Rehnquist tions in law, a signal of the state of the field that offered for it, but those who found its Court take this view. There is, moreover, defines a vision of constitutional scholarship. political consequences troubling latched something deeply troubling about letting a Invitations are eagerly sought—an indication onto the seeming disconnect between a characterization of the law run away with it that someone has achieved the highest degree of Constitution that is law and a practice of like this. Portraying the Constitution as or- prominence in the field. Two prior Forewords leaving questions regarding many of its dinary law helped to rationalize the emer- have been authored by scholars associated with limits to be settled by political institu- gence of judicial review, but it was never NYU. Lawrence Sager’s 1980 Foreword on tions. In recent years, this group has con- thought entirely to displace popular consti- “Constitutional Limitations on Congress’ Author- sisted chiefly of conservatives unhappy with tutionalism outside the Court. An idea that ity to Regulate the Jurisdiction of the Federal Courts,” and Derrick Bell’s 1984 Foreword entitled Judicial review emerged in response to specific conditions “The Civil Rights Chronicle.” and for specific reasons, and it has served identifiable Other famous examples of Forewords include:

purposes over time. But if anything is implicit in the Henry Hart, “The Time Chart of the Justices,” 73 Constitution, it is a general preference for democratic Harv. L. Rev. 84 (1959). solutions: that, after all, was the whole point. Alexander Bickel, “The Passive Virtues,” 75 Harv. L. Rev. 40 (1961). Archibald Cox, “Constitutional Adjudication and what they view as an undue expansion of evolved in particular circumstances and the Promotion of Human Rights,” 80 Harv. L. federal authority. Over time, men and served a particular purpose has taken on a Rev. 91 (1966). women of this persuasion came increas- life of its own and seems to be driving Gerald Gunther, “In Search of Evolving Doctrine ingly to view the problem as legal and events—the worst kind of formalism. on a Changing Court: A Model for Newer Equal constitutional, as well as political, and to Much simpler, of course, is just to Protection,” 86 Harv. L. Rev. 1 (1972). seek a solution in the form of more aggres- acknowledge that the Constitution is not sive judicial review of limits on Congress. and never has been ordinary law; that John Hart Ely, “On Discovering Fundamental Five of them are now on the Supreme while it has many features we associate Values,” 92 Harv. L. Rev. 5 (1978). Court, hence the change. with ordinary law, it retains a substantial Owen Fiss, “The Forms of Justice,” 93 Harv. L. Political motivations aside, the legal ingredient of popular constitutionalism. It Rev. 1 (1979). grounds actually advanced in support of would be one thing if popular constitution- Robert Cover, “Nomos and Narrative,” 97 their agenda essentially boil down to the alism were normatively undesirable or Harv. L. Rev. 4 (1983). claim—or rather the supposition—that, inconsistent with the basic objectives or Frank Michelman, “Traces of Self-Government,” because the Constitution is ordinary law, purposes of the Constitution. But exactly 100 Harv. L. Rev. 4 (1986). judicial review is both necessary and appro- the opposite is true. The central objective priate. This axiom pervades the opinions of of the Constitution is to facilitate demo- Cass Sunstein, “Leaving Things Undecided,“ the Rehnquist Court and is similarly perva- cratic politics, to call into being a regime of 110 Harv. L. Rev. 4 (1996). sive in the work of the Court’s academic republican self-government. Popular con- 1 Mark Tushnet & Timothy Lynch, “The Project of the Harvard Forewords: A Social and Intellectual Inquiry,” 11 Const. Comm. defenders. It comes wrapped in other argu- stitutionalism is, if anything, more consis- 464 (1995). ments, mainly arguments from text or his- tent than judicial review with the basic FACULTY FOCUS 17 concept of the Constitution—which is why purposes over time. But if anything is * * * it provided our historical starting point, implicit in the Constitution, it is a general History may not tell us what to do. But and why constitutional theorists in earlier preference for democratic solutions: that, it can tell us who we were, and so help us to generations thought they needed to spend after all, was the whole point. And the understand who we have become. Legend all their time struggling to justify judicial more important the issue, the stronger the has it that, as he left the Constitutional review at all. preference. We may still conclude that we Convention, Benjamin Franklin was ap- I am not suggesting that we abolish need or want courts to settle certain prob- proached by a woman who asked him, judicial review, or even judicial supremacy. lems and to counter certain endemic “What have you given us, Dr. Franklin?” “A Surely we need not rehearse here the pathologies of party politics and represen- republic,” he replied, “if you can keep it.” familiar arguments about the many ways tative assemblies. But less is more when it Have we? For all the disagreement about in which courts exercising review can rein- comes to limiting self-government, and we what we mean by a “republic,” no one has force and enhance democratic politics, should be thinking about a minimal model ever doubted that self-government is its arguments our historical experience offers of judicial review that calls upon judges to essence and a constitution the purest distil- plenty of reasons to accept. These benefits intercede only where necessary. It goes late. What kind of republic excludes this are, however, functional and instrumental, without saying that such an approach is most precious thing from the process of for the history makes equally clear that also consistent with historical experience. self-governing? Certainly not the one our judicial review is not required by the struc- Ye t it is virtually the opposite of the Founders gave us. Is it one we prefer? The ture of our Constitution, much less approach taken by the present Supreme choice, after all, is ours. The Supreme Court implicit in the very notion of a written Court, which presumes that questions has made its grab for power. The question constitution. Judicial review emerged in respecting the Constitution are, by virtue is, will we let them get away with it? ■ response to specific conditions and for spe- of that alone, questions to be resolved by 1 United States v. Morrison, 120 S. Ct. 1740, 1753 & n.7 (2002). cific reasons, and it has served identifiable them and not us.

Does Delaware Law Matter? BY ROBERT DAINES For the past 30 years, corporate law scholars have debated whether Delaware corporate law is likely to help or harm shareholders. In a recent article that has received widespread attention, NYU Law Professor Robert Daines adds significant new light to the question of how Delaware law affects the market value of public firms. Daines, a pathbreaking scholar in the field of corporate law, has been on the NYU Law faculty since 1997. Professor Robert Daines

For years, legal scholars and policy mak- What is behind all this scrutiny? First, ers have argued about Delaware. It is alter- there is the obvious: law professors are ings on the front pages of the nation’s nately decried as a “pygmy among the 50 long-winded. They will not stop at a sen- newspapers. Delaware’s sale of corporate states [that] denigrates national corporate tence when an entire section will do. As a law is so successful that incorporation rev- policy” or praised as the product of “the group, they are repetitious and redundant enues make up more than 20 percent of the genius of the American corporate law.”1 At and repetitious. A second reason for the state’s total revenues. recent count, more than 20,000 law review scrutiny is that Delaware demands atten- Delaware’s dominance in corporate law articles discussed Delaware law, roughly two tion. Delaware produces less than 0.1 percent has provoked a vigorous debate about pages of law review text for every person in of the country’s GDP, but its law governs whether its laws are good, bad, or indiffer- Delaware! (By comparison, this is more than more than 50 percent of the nation’s public ent. In a classic article, William Cary (then a 20 times higher than New York and almost firms, almost 80 percent of recent IPOs, Columbia Law professor and later Chairman 40 times higher than California.) and the takeovers, mergers, and restructur- of the SEC) argued that Delaware attracts 18 AUTUMN 2002

incorporation fees by producing corporate However, the impact of Delaware law is laws that allow managers to profit at ultimately an empirical question. If Delaware shareholders’ expense. Managers therefore law allows managers to profit at shareholder Daines Study Garners incorporate the firm in Delaware because its expense or to consume too many perks, National Attention in law allows them to line their pockets with Delaware firms will produce less for their shareholders’ money or to be otherwise less investors. If Delaware law is valuable, Del- Wall Street Journal constrained by shareholder protections. aware firms will produce more profits for Thus, Cary argues, Delaware’s fiduciary shareholders and so investors would pay more The business world took notice of Professor duty laws are too lax and its shareholder to own shares in Delaware firms. Finally, if Robert Daines’ research into Delaware’s incor- rights too limited. Moreover, in order to corporate law is uniform or trivial, Delaware poration laws. Steven Lipin of The Wall Street compete with Delaware for incorporation incorporation will have no effect on firm Journal wrote: revenues, other states also adopt rules that value. Thus, an important part of this great don’t protect shareholders. As a result, debate over Delaware law ultimately reduces It is the first study to find that Delaware con- Delaware leads other states in a “Race to the to an empirical question: Are Delaware firms cerns are worth more than companies incorpo- Bottom.” In Cary’s words, “a pygmy among worth more or less than other firms? rated elsewhere. The study would be contrary to the 50 states prescribes, interprets, and in- Surprisingly, no prior research has exam- the commonly held view on Wall Street that state deed denigrates national corporate policy as ined this question of the relative value of incorporation isn’t all that important in deter- an incentive to encourage incorporation Delaware public firms. I recently analyzed a mining stock prices. (Companies can choose to within its borders.” To prevent this, Cary sample of 4,481 exchange-traded U.S. cor- incorporate in Delaware, or any other state, and others argue that Congress should fed- porations between 1981-1996 (representing regardless of the actual location of the firm’s eralize corporate law, an area of law long 47,001 firm years).2 This study presented headquarters.) considered the domain of the states. the first large-sample evidence of the associ- The research of more than 4,400 publicly Others are less pessimistic about Del- ation between state law and firm value. The traded companies by Robert Daines, a law pro- aware law and the results of competition. results of the study are summarized below. fessor at New York University School of Law, Ralph Winter argued that market forces found that, from 1991 to 1996, there was a (including competition for capital, prod- WHAT ARE DELAWARE FIRMS WORTH? quantifiable difference in companies incorpo- ucts, and corporate control) lead states to If Delaware law matters, we should be rated in Delaware compared with other state provide, and incorporators to select, legal able to find evidence of it in the value of incorporations. In 1996, for instance, he found rules that benefit shareholders. Managers Delaware firms and in investors’ behavior that companies incorporated in Delaware were may seek their own welfare—but competi- over long periods of time. Therefore, my worth 5 percent more than companies incorpo- tion for investors constrains them to adopt first goal was to find out whether investors rated elsewhere. legal rules that protect investors. Winter paid more or less for Delaware firms. As a argued that Delaware law is valuable proxy for investors’ valuation of a company, because it allows the parties to customize I calculated each firm’s Tobin’s Q ratio—a average (or $12 million). When I exclude management’s obligations and because it ratio named after Nobel Prize-winning firms whose Tobin’s Q values are in the avoids costly and inefficient prohibitions. economist James Tobin. A firm’s Tobin Q is upper or lower 10 percent (on the grounds Winter’s arguments persuaded many, and calculated by dividing the firm’s market that corporate law is unlikely to explain have since been advanced by Easterbrook value by the money it would cost to replace extreme valuations in value) the estimated and Fischel, Roberta Romano, and others. the firm’s assets. Firms with ratios greater Delaware difference is lower, but economi- A third view popular in recent times is than one are said to be creating value and to cally meaningful (roughly 2 percent). that corporate law doesn’t matter (a view have valuable investment opportunities. So, Delaware firms are, on average, many third-year law students have no This measure is sometimes interpreted as a more valuable. But a firm’s valuation is doubt considered). After all, state corporate proxy for the firm’s growth prospects or its affected by many things (i.e., size, invest- law regimes are often similar and many intangible assets. My innovation was to ar- ment opportunities, degree of diversifica- rules are optional. Because entrepreneurs gue that corporate law is such an intangible tion) and it might be that Delaware firms are free to customize the firm’s governance asset and that it could have a measurable are different in these respects and that these arrangements and shareholders’ rights, they positive or negative value. differences—and not Delaware law— might eliminate (or arbitrage away) any dif- I found that, on average, sample firms account for the differences in valuation. To ferences between state regimes. Thus, a incorporated in Delaware had significantly control for other factors, I estimated a least firm’s choice of domicile might be trivial. higher market valuations than firms subject squares regression to predict each firm’s In short, Delaware law has been alter- to other corporate laws. Delaware firms’ Tobin’s Q and controlled for a wide variety nately characterized as either harmful, valu- Tobin’s Q were 0.08 higher than firms of factors that influence firm valuation: a able, and trivial. Which is it? Much of recent incorporated elsewhere (1.73 versus 1.65). firm’s return on assets (ROA), its future corporate law scholarship has been devoted This difference may sound small, but the investment opportunities (using a firm’s to discovering theoretical reasons to believe economic impact is significant. In 1996, this R&D expenses as a proxy), the number of one side or the other—and there are good difference would have translated into business segments for which firms report arguments on every side of the debate. roughly a 5 percent greater market value on audited data (because diversified firms were FACULTY FOCUS 19 less valuable during this period), firm size, law might facilitate takeovers in this way. In short, Delaware firms are more valu- and each firm’s specific industry. First, its statutes raise fewer barriers to able and more likely to be taken over, even Even controlling for all these other fac- takeovers than do many states and do not controlling for other factors. This is consis- tors, Delaware firms are worth significantly allow managers to resist takeovers on the tent with the theory that Delaware law more than other firms. Delaware firms had, grounds that a takeover will harm some improves firm value by facilitating the sale on average, Tobin’s Q values that were 0.073 other constituency (such as the community, of public firms. This might also explain higher than other firms. This association was creditors, or labor). Second, Delaware case why some firms do not incorporate in statistically highly significant—there is less law contains some limits on managers’ abil- Delaware, even though doing so can create than one chance in 10,000 that the results ity to resist takeovers (at least more than can value. Managers of public firms, who have were by chance. Delaware firms were worth be found in other states). Third, political a veto power over reincorporation, might more in each year of the sample and worth economy may have more to do with not find it in their interest to propose rein- significantly more in 12 of the 16 years. The Delaware’s relative pro-merger stance than corporation to a jurisdiction that makes Delaware difference was the greatest in 1986 was previously recognized: firms that incor- acquisition easier. and 1993 (0.14) and lowest in 1989 (0.03), porate in Delaware do not operate there. but does not appear to change significantly Delaware firms have no Delaware opera- 2. Do high-value firms simply incorporate in Delaware? over time. This difference between Delaware tions and no Delaware employees and there- But suppose takeover law has nothing and higher valuation held up even control- fore lack local political clout. When these to do with it. Perhaps Delaware firms are ling for a wide variety of other factors. firms become targets of hostile bids, they more valuable simply because Delaware In short, Delaware firms appear to have are unable to win entrenching legislation. attracts valuable firms. Is this possible? I been worth significantly more than similar Similarly, Delaware judges who allow a examine the possibility in detail in the firms incorporated elsewhere since at least the takeover to proceed do not face pressure paper and space constrains me here. But I early 1980s. This evidence leads me to reject from claims that a hostile bid would reduce will just note that while it is impossible to the claim that Delaware law is either (a) on local employment levels. They may thus be exclude the possibility, it seems unlikely balance harmful to shareholder wealth or (b) less likely to entrench incumbent managers. that this explains all of the results I ob- trivial. Delaware law might not be optimal, By contrast, large firms in other states can serve. First, it is not enough for Delaware but it appears to improve firm value relative and often do use their clout to secure tailor- to simply attract valuable firms—in order to other jurisdictions. The Delaware effect is made legislation to defeat hostile bids. to explain this evidence, Delaware would durable and firms do not appear to replicate To check whether Delaware law facili- need to attract firms that are both espe- its advantages through private contract. tates the sale of public firms in this way, I cially valuable and especially likely to be began with all firms that were public in taken over. No theory suggests that Del- WHY ARE DELAWARE FIRMS WORTH MORE? 1995 and then identified firms that received aware has this dual attraction and it isn’t Having established that Delaware firms takeover bids by July 1, 1998 (using merger clear how Delaware could even screen to are worth more, we must now ask why. and acquisition data from Securities Data attract such firms. Second, the results I There are two answers to this question, Corporation). As predicted, Delaware reported are not the by-product of valuable either of which is interesting and worth firms were more likely to receive bids: 20 firms simply moving to Delaware. Reincor- investigating. First, Delaware firms may be percent of Delaware firms received a porating firms make up only 4 percent of more valuable because Delaware law makes takeover bid in this time, while only 14 all observations in the sample and results them more valuable. Second, Delaware percent of other firms did. Again, this dif- don’t change when I omit them. Third, firms may be more valuable because valu- ference is highly unlikely to have occurred there is also some evidence that moving to able firms simply incorporate in Delaware— by chance (less than one chance in 100). Delaware may be associated with signifi- Delaware may simply attract, rather than Delaware firms were also significantly cantly higher Tobin’s Q values, even create, valuable firms. This section reviews more likely to be acquired. though they were not especially valuable the evidence on each possibility and con- To control for other factors that can prior to reincorporation. Finally, I examine cludes that the best interpretation of the affect takeover bids, I estimated regressions a subset of firms that were public in 1995 evidence is that Delaware improves the predicting whether each firm received a and that were also public in 1981. These value of public firms, even though valuable takeover bid, controlling for factors previ- firms are unlikely to exhibit such a selec- firms may also incorporate in Delaware. ously identified as related to takeover prob- tion bias—that is, even if they decided to ability: firm size, profitability, leverage, and incorporate in Delaware years ago simply 1. Does Delaware law facilitate the sale of the firm? market/book ratio. After controlling for because they were then valuable, it is The most plausible way that Delaware these factors, Delaware firms were still sig- unlikely that they are still especially valu- law might improve firm value would be to nificantly more likely to receive a bid. I also able now—decades later. In this subset of encourage takeover bids and facilitate the examined bid frequency among recent firms where domicile is relatively indepen- sale of public firms. Takeovers produce 30 to IPOs, among firms that have been public dent of firm value, Delaware firms are still 40 percent premia for target shareholders since 1981, and the cohorts of public firms worth more. This suggests that the market and if Delaware facilitated takeovers, it may from 1985 and 1990—in each of these valuations of Delaware firms aren’t simply increase the value of Delaware firms. There firms I found that Delaware firms were a by-product of the firms’ initial incorpora- are several reasons to believe that Delaware more likely to receive takeover bids. tion decision. 20 AUTUMN 2002

PUTTING TWO AND TWO TOGETHER I found no support for the claim that These results raise further questions, The effect of Delaware law is an impor- managers harm shareholders by incorpo- which I am now pursuing in additional re- tant matter of public policy. Delaware law rating in Delaware or that federal regula- search. First, if state law matters, how do governs roughly half of the Fortune 500 tion of firm governance is required because firms decide where to incorporate? More firms, more than 60 percent of all publicly Delaware law is relatively harmful to specifically, if Delaware law improves value, held assets, and most takeover battles. investors. Note that these results do not why do firms incorporate elsewhere? Sur- Moreover, its share of public firms appears establish that Delaware law is optimal for prisingly, we also know very little about how to be increasing. To test whether Delaware all firms. Nor do these results suggest that firms make this important decision. A sepa- law appears to help or hurt a firm’s value, all firms will reincorporate to Delaware; rate paper examines this question and inves- I examined the market valuation of 4,481 agency costs in public firms, and managers’ tigates the hypothesis that incorporation exchange-traded firms between 1981- ability to veto any reincorporation, could choices are affected by the lawyer advising 1996 and I found that Delaware firms are prevent valuable reincorporations. Nor do the firm going public. Second, does Del- (a) worth significantly more than firms these results show that Delaware law is aware have any advantages other than facili- incorporated elsewhere and (b) significant- better than a hypothetical federal code or tating takeovers? A separate paper examines ly more likely to receive takeover bids and that all of Delaware’s laws are optimal. The whether Delaware law is valuable to firms to be acquired. These results are consistent observed premium, for instance, might be that are invulnerable to hostile takeover with the theory that Delaware law facili- even larger were Delaware law different or because they have control shareholders. ■ tates the sale of public firms through its less entrenching of incumbent managers. 1 Roberta Romano, The Genius of American Corporate Law, relatively clear and mild takeover law, ex- However, the data do suggest that Del- AEI Press, 1993. pert courts and because its political econ- aware law is a relatively valuable intangible 2 Robert Daines, “Does Delaware Law Improve Firm Value?” Journal of omy makes it relatively unlikely to protect asset and that shareholders pay more for Financial Economics, 2001. The sample includes all publicly traded a firm’s managers from takeover. assets governed by Delaware law. U.S. firms with data available on Compustat, a commercial database. I omitted regulated utilities, banks, and financial firms because of their unique federal regulation and corporate governance concerns.

The Legalist Reformation: Law, Politics, and Ideology in New York BY WILLIAM E. NELSON

After spending more than a decade master- discrete courses by enabling them to see how ing over 500 volumes of the New York individual judgments reflected diverse judicial Supplement and 60 years of case law from the efforts to mold society in differing directions. Second Circuit Court of Appeals, NYU Law The Legalist Reformation begins by Professor William E. Nelson published The focusing on the inequalities of the early 20th Legalist Reformation: Law, Politics, and century: Ideology in New York, 1920-1980 (Chapel Hill, N.C.: University of North Carolina Prejudices along religious and ethnic Press, 2001). Nelson’s book has two main lines often lay beneath the social and eco- objectives. The first is to provide a historical nomic inequality that was rampant in New Professor William E. Nelson synthesis of change in all major areas of York in the early 20th century. These prej- American law during the course of the 20th udices contrasted “a WASP vision of a century—a goal no one had attempted to tasteless, colorless, odorless, sweatless world” achieve prior to the publication of Nelson’s book. against a portrait of “ethnic minorities New York” that was transforming the city The other is to place in historical context many [who] cooked with vivid spices—even gar- into a “new Jerusalem,” and Henry Ford, of the major cases read by students in the core lic!—and might neglect…deodorants, and who as late as the 1920s issued repeated law school curriculum—cases such as Palsgraf regular bathing” and needed to be shown warnings against the “Jewish menace” and v. Long Island R.R. and Allegheny College “how to cleanse themselves.” There was vir- who in 1938 accepted the Grand Cross of v. National Chautaugua County Bank. ulent anti-Semitism on the part of promi- the German Eagle from the Nazi regime. Nelson hopes thereby to make sense out of the nent people such as Henry James, who Anti-Semitism arguably persisted as late as jumble of material presented to students in expressed shock at the “Hebrew conquest of the 1930s even in the Court of Appeals. FACULTY FOCUS 21

Throughout the first two decades of the reform figures such as Cardozo, Smith, and the stories of a well-dressed African- century, Republicans generally dominated the Lehmans were not Marxists. As repre- American man in Harlem who was subjected the politics of New York State and typically sentatives of Catholics and Jews who occu- to a strip search for policy slips, and of a controlled the legislative and executive pied a distinctively minority status, they mother of a child terrified by a warrantless branches of state government. By virtue of also did not have Nazism and similar fascist police break-in and search of her apartment. their majority on the state’s highest court, ideologies available to them as a possible Or consider the indignity suffered by those the Court of Appeals, Republicans also political alternative. And since the new who “cooked with vivid spices—even gar- dominated the judicial branch as late as the leaders had an “effective sympathy with . . . lic,” when their cuisines, which are among outset of the 1920s. The political culture of underdog[s]” who needed a redistribution the world’s most exquisite, were trashed. New York changed, however, during the of wealth and power in their favor, they These deprivations of rights, liberty, and course of the 1920s. could not turn to Populism, with its pre- dignity did little to engender trust in author- *** scription of inactive, limited government. ity, either public or private. On the contrary, As Chief Judge Cardozo and his allies Only a powerful government could accom- the deprivations created a quandary, in assumed control of the New York Court of plish redistribution. But though reformers which those who “welcomed (even expected) Appeals, they began to push legal doctrine in the novel directions demanded by their emerging though not yet fully developed The spreading shadow of the swastika, in short, compelled conception of social justice. But for three reasons they did not push doctrine either Americans to articulate their emerging legalist reform too hard or too far. First, their acceptance of ideology, which would focus on equality and human the binding nature of precedent limited their capacity to create new law. The doc- dignity, personal choice and individual initiative, and trine of precedent tended to freeze things in “liberty of thought and criticism.” place, as they classically had been, allocat- ing resources to a particular person as prop- erty and ensuring that judges would not of Smith’s and Cardozo’s generation did not assistance from government” in ending ex- alter the allocation. adopt any of the then familiar approaches ploitation and promoting equality “none- Second, the conflict between conserva- to law and politics, they also failed to elab- theless remained skeptical of state power.” tives and reformers that had characterized orate clearly a new approach that would And this quandary was not fortuitous: it the early decades of the 20th century con- have enabled them to escape fully from old was an inevitable response to the conserva- tinued well into the 1930s. Despite the conceptual limitations. tive agenda, which called upon the legal hopes of optimists like Cardozo, Americans *** system to limit the power of government in the 1920s and early 1930s did not con- By the late 1930s, reformers had been in over property owners seeking to exert dom- stitute a single, cohesive entity progress- control of New York’s political and legal inion over the economic lives of the poor, ing collectively toward a shared view of institutions for more than a decade. But while at the same time sanctioning the use social justice. Reformers and conservatives they had not achieved fundamental change. of government power to control citizens’ had sharply competing visions of a just For example, the idea of equality remained private, moral lives. (Note how Populism society, and they continued to battle over inchoate, as did nebulously related ideas achieves this conservative goal by concen- those visions as they had for decades. about personal liberty and human dignity. trating power in localities, which are too Although the year 1922 marked a turning More immediate was the reality that, for small to control the property of corporate point, in that conservatives generally won less favored New Yorkers, inequality still entities spread over large geographic areas, the battles before that date and frequently entailed deprivations of rights and liberties but quite capable of controlling the per- lost them afterward, neither the conserva- which more privileged citizens took for sonal lives of their residents.) To thwart this tives before 1922 nor the reformers there- granted. Workers were denied freedom of agenda and respond to the realities it cre- after enjoyed anything close to complete speech and association; homosexuals, ated in the lives of the less privileged, re- victory. As a result, Cardozo’s conception harassed; Catholics, subjected to cross formers thus needed an ideology to justify of judges as progenitors of social justice burnings; and Jews, kept or even driven out enhancing government’s power over the also enjoyed only partial success, at least in of town. The 13-year experiment of Pro- economy while at the same time restricting his own lifetime. hibition deprived millions of ethnic New its power over personal choice. The third and probably the principal Yorkers of beverages of their choice, or at *** reason why Cardozo and the other reform- least resulted in them being declared crim- Inchoate ideas of economic opportunity, oriented political leaders and judges of his inals when they purchased those beverages. individual liberty, and human dignity thus generation did not change the law more In the late 1930s, ethnic New Yorkers and were in the air in the late 1930s, but they fundamentally was their lack of ideological others were not yet either free or equal. had not yet matured into a consistent, coher- creativity. Of course, they rejected the clas- For the weak and the poor, inequality ent philosophy. In the year 1938, however, as sic political ideologies available to them and lack of freedom often involved the impo- Hitler marched toward what history now during the 1920s and 1930s. Leading sition of indignity as well. For example, take knows as the Holocaust, New Yorkers stood 22 AUTUMN 2002

staggering in shock. They insisted that New Justice Stone’s concern for protection of national scene. We cannot, however, be blind to York must pursue a direction different from minorities was neither as unprecedented the forms of anti-Semitism prevalent at home. Germany’s, and as they strove to elaborate nor unique as the received wisdom about These manifestations have been vigorously chal- why and how New York’s direction would the Carolene Products case would suggest. lenged by spokesmen of all creeds, and many noto- differ, they began articulating an ideology of Footnote four did not come out of nowhere: rious instances have met with effective protest. equality, liberty, and dignity that ultimately in the context of its time, it was an inge- Far less effective in marshaling informed public would result in a legalist reformation—that nious response not only to Nazi atrocities, opinion and suffering from discrimination and is, in a complete transformation of New York but also to the quandary in which legalist prejudice so deep-seated as to be taken for granted law and, through law, a complete recon- reformers were mired, as they strove to by the community at large, are the half million struction of New York society and culture. make all citizens equal through law while at Negroes in the State. The spreading shadow of the swastika, in the same time immunizing them from gov- short, compelled Americans to articulate ernment control of their personal lives. After graphically describing the discrim- their emerging legalist reform ideology, Nor was Justice Stone alone in his con- ination that victimized African Americans in which would focus on equality and human cern. Even more extraordinary was a speech New York in the 1930s, Wagner concluded, dignity, personal choice and individual initia- by Senator Robert F. Wagner, which served “In the final analysis the so-called Negro tive, and “liberty of thought and criticism.” as a prophecy of the future course of the problem, or any other minority problem, is Confronting totalitarianism in Europe in the legalist reformation. Wagner declared: but another aspect of man’s eternal struggle late 1930s and 1940s, Americans increas- As we reflect sorrowfully on the turn in world for freedom and justice, a problem that ingly worried about “an all-powerful state events…, we pose in our own minds the essential solves itself when democracy is extended that would provide security at the expense of governmental problem of our times. In the 18th and into every phase of our material life.” liberty.” “The rise of totalitarianism,” accord- 19th centuries, that problem was how to establish No one as early as 1938 had yet seen ing to the theologian Reinhold Niebuhr, the will of the majority in representative govern- the future as clearly as did Wagner in this “prompted the democratic world to view all ment. In the world of today, the problem is how to speech, but others ranging from Thomas E. collectivist answers…with increased appre- hension” and to recognize that “a too power- ful state is dangerous to our liberties.” New Yorkers played a central role in the New York judges simply did not behave as the received articulation of this new legalist reform ide- jurisprudential wisdom would suggest. According to this ology. As one New York contributor ex- plained in a letter to a fellow New Yorker, received wisdom, which is grounded in analysis of academic he had become “deeply concerned about the writings and the opinions especially of Justice Felix Frankfurter increasing racial and religious intolerance which seem[ed] to bedevil the world” and on the Supreme Court of the United States, the sociological which might “be augmented in this coun- jurisprudence of the 1910s and 1920s was followed in the try.” For this reason, Justice Harlan Fiske Stone had thought it necessary to draft what 1930s by a more radical realism, which, in turn, was followed has since become one of American constitu- by the more conservative legal process school. In New York, tional law’s most important texts—footnote four of United States v. Carolene Products Co.— however, the guarded progressivism of Cardozo remained in order to further “the program of ‘judicial dominant into the middle of the century, when, without pro- reform’” on which the majority of the court had embarked in giving greater deference to voking any conservative reaction whatsoever, a more radical economic regulatory legislation without realism recognizing that policy choice is implicit in all diminishing judicial enforcement of “the guarantees of individual liberties.” The foot- judicial decision-making became dominant. note itself announced that the court would scrutinize strictly legislation “directed at particular religious,…or national,…or racial protect the integrity and civil liberties of minority Dewey and Harlan Fiske Stone to Dorothy minorities,” when “prejudice against dis- races and groups. The humane solution of that Thompson and George Meany were begin- crete and insular minorities may be a special problem is now the supreme test of democratic prin- ning to develop a coherent vision. As the condition, which tends seriously to curtail ciples, the test indeed, of civilized government. 1930s drew to a close, a modern conception the operation of those political processes We in America have long cherished the pic- of equality, liberty, and dignity as requiring ordinarily to be relied upon to protect mi- ture of a great melting pot…That picture, we an end to ethnic and cultural persecution norities.” On such occasions, a “correspond- must all admit, is marred in this State…by cer- was beginning to slowly permeate the soci- ingly more searching judicial inquiry” was tain manifestations of racial intolerance and etal fabric. In response to the Holocaust, required to guarantee the legality of a prejudice…The bestial manifestations of anti- legislative policies protecting the down- majoritarian act. Semitism abroad are happily absent from our trodden, common-law rules providing FACULTY FOCUS 23 opportunity for the upwardly mobile, and shift legal doctrine in socially just directions. Keynesian programs for putting money in- In the aftermath of World War II, however, to everyone’s pockets were gradually being “legal culture changed,” and the early real- Words of Praise for transformed, if not into a coherent affirma- ists, “who were at the cutting edge before The Legalist Reformation tive program, at least into a demand that the . . . War[,] began to look somewhat old New York, unlike Germany, should uphold fashioned afterwards.” Mid-century judges, liberty, human dignity, and legal and social unlike earlier realists, began to discuss pol- “Unlike most contemporary historical writ- equality for all—not only for Catholic and icy openly when they found existing prece- ing that attempts to draw conclusions from Jewish children of immigrants but even, dent inadequate to their newly assumed modest events, Nelson’s book is an effort at perhaps, for African Americans. task of protecting minorities and rights. grand synthesis which, like past syntheses, This change in the definition of social Thus, a newer legal realism, with its per- strives to make a jurisprudential point. Nelson justice occurring in the midst of World War ception that all law requires judges to make seeks to refine the once novel but now familiar II transformed the role of judges and, with policy choices, permeated the thinking of the understanding that judge-made law can be a it, the nature of jurisprudence. For reform- New York bench after the middle of the cen- mechanism of profound change; he argues that ers of the 1920s and the early New Deal, tury. Almost all judges had come by then to it can serve such a function only when there is social justice had entailed at least some believe that fidelity to the past was out- a consensus among politically powerful voices redistribution of wealth. Legislators, espe- weighed by the prospect of a more free, pros- about the direction change should take.” cially those from impoverished constituen- perous, egalitarian, and just future. Most had —Hendrik Hartog, Class of 1921 Bicentennial cies, were well suited to the redistribution also become willing to use their power, in an Professor in the History of American Law and task, and progressive judges could do little essentially political or policymaking rather Liberty, Princeton University but serve as their helpmates. For conserva- than judicial or precedent-oriented fashion, tives, in contrast, justice had entailed pro- to bring the brighter future to fruition. “In method, scope, and significance, this tection of property rights and traditional For whatever reason, New York judges book is comparable to Nelson’s The Amer- moral values, and the job of judges, relying simply did not behave as the received ju- icanization of the Common Law: The Impact on precedent, was to defend this status quo. risprudential wisdom would suggest. Ac- of Legal Change upon Massachusetts Clearly, reformers and conservatives did not cording to this received wisdom, which is Society, 1760-1830 (1975). Here, as in his agree about the judiciary’s role. grounded in analysis of academic writings first book, Nelson distills from a mass of legal Once nearly all Americans came to and the opinions especially of Justice Felix detail a synthetic account of legal change that define social justice in terms of protection of Frankfurter on the Supreme Court of the links major upheavals in thought and politics minorities from majoritarian power, how- United States, the sociological jurisprudence with the pattern of development he discerns ever, some consensus about the judiciary’s of the 1910s and 1920s was followed in the in the case law…His generalizations are big, role became inevitable. Everyone had to 1930s by a more radical realism, which, in bold, and provocative; his analysis of legal agree that, at least on occasion, judges turn, was followed by the more conservative doctrine is not only accessible to nonlawyers, should step in to protect minority rights. legal process school. In New York, however, but tackles issues that concern every histo- They also had to agree that only judges the guarded progressivism of Cardozo rian of political economy, the family, religion could decide what occasions were appropri- remained dominant into the middle of the and ethnicity, sexuality, gender, and race.” ate for their intervention. Finally, they had century, when, without provoking any con- —Charles W. McCurdy, American Historical to agree that the unprecedented task of servative reaction whatsoever, a more radi- Review deciding how to balance majoritarian power cal realism recognizing that policy choice is against minority rights required judges to implicit in all judicial decision-making “The main trends of 20th-century legal determine matters of social policy. As a became dominant. reform—the rise of administrative law, the result, judges supplanted legislators as the It would be foolhardy to attempt to extension of constitutional protections to main engines of social justice and progres- explain why developments in New York dif- various minorities, the loosening of moral sive change. Judges became, as Cardozo fered from those in the Supreme Court and restrictions, the expansion of notions of had envisioned but never fully realized, pro- the legal academy. Without knowing more property, and the development of legal real- genitors of scientific social reform in the about trends elsewhere in the United States, ism—are familiar to many legal scholars, interest of the community as a whole. we cannot even discern whether it was the but Nelson provides an overarching theory to Indeed, in their use of common law judges of New York or Justice Frankfurter connect these seemingly disparate strands.” adjudication as a tool of reform, mid-20th- and the legal process writers who were aber- —Book Note, Harvard Law Review century judges far exceeded anything rational. (It is worth suggesting, however, Cardozo had imagined. The realist judges that the New York paradigm may provide of Cardozo’s generation, it will be recalled, a better model than the received wisdom displayed a quite different realist style than had regarded themselves as legal craftsmen for explaining changes in the jurisprudential did their predecessors, Louis Brandeis and and not as legislative policymakers; for attitudes of liberal Supreme Court justices Benjamin N. Cardozo, and arguably the Cardozo, the duty to abide by precedent during the 1930s and 1940s. Justices Hugo style of Harlan Fiske Stone changed in the narrowly constrained the power of judges L. Black, William O. Douglas, Frank late 1930s.) All that can be said with confi- and left them with only a limited capacity to Murphy, and Wiley B. Rutledge, that is, dence is that New Yorkers’ post-1950 24 AUTUMN 2002

understanding of the nature of the judicial reordered the law of obscenity and thereby *** process constituted a complete reformation facilitated the introduction of sex into pop- The legalist reformation did not, how- of the concept of law. Whereas New York ular culture. Finally, they elaborated a new ever, treat all groups equally well. African law at the outset of the century had been the paradigm of regulation, which recognized Americans remained victimized by segrega- embodiment of precedents preserving the the plenary power of government while tion, racism, and discrimination, as did other existing distribution of wealth and estab- simultaneously limiting its capacity to wreak newer immigrant groups from Asia and lished standards of morality, law after mid- injustice in individual cases. Latin America. In giving sexual and other century became the process by which judges The legalist reformation also remade freedom to men, the law often oppressed decided how to balance the majority’s vision New York’s economy, society, and culture. women, who in many ways were treated as of social justice against the liberty, dignity, As a movement with a primary goal of second-class citizens from the 1940s into the and rights of minorities. This reformation of assimilating the Roman Catholic and Jew- 1960s. Finally, the legal system tended to law would spawn dramatic changes in legal ish descendants of turn-of-the-century repress anyone, especially the young, who doctrine, which, in turn, would lead to sig- immigrants into the mainstream of New either could not or would not assimilate into nificant social change. York life, it totally succeeded. In the after- the existing cultural order and wished *** math of World War II, Catholics and Jews instead to create alternative cultures. Armed with their powerful ideology and abandoned their urban ghettos and raced By the late 1960s, these various groups freed from the fetters of precedent, New into newly developed, integrated suburbs. perceived that the legalist reformation was York’s judges rewrote the state’s common Government also provided them with edu- not granting them freedom, equality, and law and constitutional law. By empowering cational opportunities of increasingly high dignity, and they burst into protest. With religion, they uplifted multitudes of quality, and many took advantage. Most their protest, the unity of social and politi- Catholics and Jews. They also revolution- significantly, Catholics and Jews began to cal vision that had enabled judges to stage ized contract law, tort law, the law of fidu- obtain jobs and gradually assume positions a legal revolution in the aftermath of World ciary duty, and the law regulating sexual of command at the highest levels of the War II broke apart into fragments in the expression and family relations. They American economy. closing years of the 1960s. ■

midtown factory and placed in deportation The Immigrant Rights Clinic proceedings. Their cases were referred to the IRC by the brothers’ labor union, which fre- NYU Law’s Immigrant Rights Clinic (IRC), founded by Professors quently confronts employer threats to con- tact INS when workers organize to protect Nancy Morawetz and Michael Wishnie, represents individual immi- their rights. In November, and then again in April, Jain and Park appeared before an grants and their organizations. On behalf of noncitizens, students Immigration judge to argue that the pro- ceedings must be terminated because INS enrolled in the clinic handle immigration, labor, employment, criminal, had violated an agency rule restricting raids in the midst of a labor dispute. The students and civil rights cases in federal, state, and administrative courts. At also moved to suppress all evidence obtained against their clients on the grounds that the same time, students represent grassroots and national immigrant INS had engaged in anti-Latino racial pro- filing during the factory raid, singling out organizations in non-litigation advocacy, from legislative drafting to for questioning and arrest Latino workers from a multiethnic workforce. media initiatives and community education projects. To build their clients’ case, Jain and Park demonstrated that the INS raid was insti- gated by a sweatshop boss in retaliation for Benita Jain (’03) came to NYU Law address precisely that sort of question. his employees having filed overtime com- with a background in organizing and a This year, as a student in the IRC, Jain plaints with the state labor department. The strong desire to become a lawyer for social had the chance to work on cutting-edge students introduced into evidence an IRC justice. “I knew that I wanted to use law for litigation, as well as grassroots efforts to statistical analysis of INS racial profiling in social change and that I wanted to remain advance legislative change. Jain and Mina worksite raids, prepared by IRC student connected to organizing,” Jain says. “The Park (’02), another IRC student, repre- Jonathan Trutt (’01), and New York Times question for me was how the two could fit sented two garment workers, brothers who coverage of the IRC study (the study itself together responsibly.” The Immigrant were arrested in an Immigration and Nat- was based on data that had been obtained in Rights Clinic at NYU Law is designed to uralization Service (INS) raid of their a Freedom of Information Act lawsuit, FACULTY FOCUS 25

media advocacy, and organizational devel- opment. Students also learn to work both with individual clients and on behalf of col- lectives. In their fieldwork and during the classroom seminar, they explore how litiga- tion and other forms of legal advocacy can serve broader organizing efforts. Many of the individual clients the clinic represents are referred by organizations that are seek- ing systemic change but perceive strategic utility in litigation on behalf of a particular immigrant member. IRC’s cases and its advocacy projects are rooted in two core social justice issues. One centers on the circumstances of tens of thousands of legal immigrants who, since 1996, have faced mandatory deportation and detention, without a basic fairness hearing, for criminal infractions as minor as shoplifting. Since September 11, moreover, Professors Michael Wishnie and Nancy Morawetz the INS has expanded its detention and enforcement policies and applied them in new and arbitrary ways directed at Middle brought against INS by Diana Kasdan (’01), and facilitators. The primary goal of their Eastern and South Asian men. A second set another IRC student). In November, Jain work was to help families speak most effec- of justice concerns revolves around the and Park called as an expert witness a for- tively for themselves about the unfairness of problems of immigrants in the workplace, mer INS General Counsel, who explained the new laws. Through the efforts of Jain and efforts to support collective, worker-led the origin and purpose of the INS restric- and Laing, CIEJ members became experts responses to the long hours, dangerous con- tions on raids during labor disputes, and on the laws affecting their families and on ditions, and illegally low pay that millions examined the state labor official who had strategies to educate policymakers about the of immigrants experience. prosecuted the brothers’ employer. In April, need to change those laws. Jain and Laing These two sets of social justice issues Jain cross-examined the INS agent who had accompanied CIEJ members on their visits reflect the primary interests of the two pro- supervised the factory raid. to members of Congress to assist in explain- fessors who founded the clinic. Professor Tw o weeks before she cross-examined ing technical questions about the 1996 laws Morawetz turned her attention to deporta- the INS agent, Jain was in Washington, and how they were tearing apart CIEJ tion and detention issues in 1996 when D.C., working with an organization of fam- members’ families. Through this work, Jain Congress enacted sweeping changes to the ilies from across the country who are advo- says, she “saw the real power of people orga- laws governing the rights of legal perma- cating for change to the 1996 deportation nizing and speaking for themselves.” nent residents with convictions and then laws. These laws dramatically changed the circumstances under which lawful perma- nent residents of the U.S. can be deported. Although such legal residents have long Wishnie and Morawetz believe that the social justice been subject to deportation as a result of a issues facing immigrants demand that lawyers conviction, they have also had a statutory right to a fairness hearing in front of an do far more than develop creative litigation strategies. immigration judge prior to being deported. When Congress eliminated this right for most legal residents in 1996, families from Jain’s projects illustrate the basic applied these laws retroactively. Respond- around the country mobilized to protect premise of the Immigrant Rights Clinic: ing to a sense of the fundamental unfair- their family members from being detained that a social justice lawyer must be ness of retroactive application of new laws, and deported. Those families formed a accountable to the communities she intends Morawetz began work on a law review arti- group called Citizens and Immigrants for to serve and capable of deploying a full cle that explored substantive due process Equal Justice (CIEJ) that the clinic has rep- range of lawyering tools on behalf of her constraints on retroactive laws. She argued resented for several years on a variety of pro- clients. Students in the clinic learn that lit- that there was a clear line of authority sup- jects. Jain worked with the group on its igation is only one method of legal advo- porting close scrutiny of retroactive laws, yearly conference, where she and her part- cacy. It sits side by side with others, such and that these principles were fully appli- ner, Nyasha Laing (’02), served as trainers as public education, legislative drafting, cable to rules affecting lawful residents 26 AUTUMN 2002

rights of immigrant labor and tenant orga- nizations sued for their peaceful public protests. Wishnie’s scholarship has exam- ined a range of civil rights issues affecting immigrants, including welfare rights, domes- tic and international labor protections, and First Amendment guarantees. Wishnie and Morawetz believe that the social justice issues facing immigrants demand that lawyers do far more than develop creative litigation strategies. While litigation can help a single client, and can set precedents that help to advance a campaign, litigation victories are always susceptible to losses in the political arena. Effective advocacy in this area—as in many others—requires that advocates think cre- atively about a range of strategies and that they be directly accountable to the com- munities and constituents they represent. For that reason, the work of the clinic Students in the Immigration Rights Clinic varies each year and is determined largely by the community organizations it serves. In the area of labor rights, for example, a of the U.S. At the same time, Morawetz problems of low-wage immigrant workers, number of the clinic’s cases have come from undertook pro bono litigation on the statu- representing individual workers, unions, domestic worker organizations, whose tory question of whether Congress had and organizations of taxicab drivers and members are principally Caribbean, South specified that the laws should apply garment, construction, restaurant, and do- Asian, and Southeast Asian babysitters, retroactively. Over the course of the next mestic workers in their efforts to secure dig- nannies, and housekeepers. Domestic work- five years, she argued cases in numerous nity and respect in the workplace. At a ers are excluded from the protections of the courts and provided assistance to lawyers national level, in 2001 Wishnie co- National Labor Relations Act, so rather than handling these cases around the country. In authored two amicus briefs in the Supreme attempt to form independent unions, sev- 2001, when the Supreme Court took on Court. The first, on behalf of legal histori- eral of these groups have seized upon indi- the issue, Morawetz volunteered to draft ans, concluded that at common law the vidual litigation on behalf of members to the portion of the brief addressing retroac- scope of habeas corpus review encompassed vindicate statutory rights to minimum wage tivity. In June 2001, the Supreme Court statutory challenges to noncriminal con- and overtime. In these cases, the women issued a decision striking down retroactive finement, a conclusion that was adopted by referred to the clinic typically work from application of the 1996 laws to deprive the majority in INS v. St. Cyr. The second, early in the morning until late at night, and legal residents of a fairness hearing prior to on behalf of employers and employer asso- often through the night, seven days per a deportation order. Morawetz has also ciations in Hoffman Plastic Compounds, Inc. v. week, for wages far below the statutory worked on a variety of efforts to draw NLRB, took the unusual position of sup- minimum. The community groups ask IRC attention to the prospective unfairness of porting the National Labor Relations Board to take on these individual cases as part of laws that summarily deport people who (NLRB) against an employer. The amici broader community campaigns of public were raised in the U.S., including an article argued that business competition policy education and protest, in an effort to edu- in the Harvard Law Review that explores supported the NLRB’s conclusion that an cate workers about their civil rights and to how the interaction of detention policy, employer who discharges an undocumented hold employers accountable for their treat- criminal justice policy, and INS en- employee for engaging in union organizing ment of their domestic employees. forcement practices has served to greatly is not immune from ordinary back pay lia- Ms. Nurani came to the clinic through magnify the impact of the 1996 laws. bility under federal labor law. In other pro Andolan, an organization primarily of Professor Wishnie’s commitment to the bono work, Wishnie has argued cases as a South Asian domestic workers. In her com- workplace rights of immigrants reflects volunteer cooperating attorney for the plaint in federal court, Nurani outlined the more than a decade of collaboration with ACLU Immigrants’ Rights Project to chal- conditions of her employment. She worked unions and grassroots organizations, in liti- lenge the court-stripping provisions of the from 6:00 AM until 11:00 PM, and often gation and non-litigation advocacy at the 1996 immigration amendments, to repre- later. She took care of the youngest child at local, state, national, and international lev- sent workers held in involuntary servitude night. She cooked. She cleaned. She did els. He has worked with community labor and in violation of international law in New laundry. She shopped. She received wages organizations in New York City on the Yo rk, and to defend the First Amendment far below those required by federal and FACULTY FOCUS 27 state labor laws. Soon after she fell and tore combines group and individual advocacy. was deported without his statutorily guar- her rotator cuff in the course of her employ- Working with CIEJ, the clinic has helped to anteed right to a hearing. ment, she was fired. write op-ed articles, plan press conferences, The clinic took on another case, referred IRC students Lenor Marquis (’02) and draft educational materials for affected fami- by District Judge Frederic Block, concern- Sandra Park (’02), together with IRC Fellow lies and lawmakers, plan for legislative meet- ing Hollis Boatswain, a veteran facing de- Ranjana Natarajan, sued the employers for ings, and prepare amicus briefs for lawsuits portation who had not been allowed to failure to pay minimum wages and overtime so that the voices of families could be heard pursue an application for citizenship. Al- under the Fair Labor Standards Act and the by the courts. All of this work has contri- though the law provides that veterans can New York Labor Law. The clinic also filed a buted to an increased public consciousness seek citizenship as a defense to deportation, workers compensation claim for lost income and for medical expenses associated with the rotator cuff surgery Nurani’s doctors said she needed, but which she could not afford. The A social justice lawyer must be prepared to undertake employers initially offered to settle for a nom- multiple forms of legal advocacy and collaborate with inal sum, then increased their offer but con- ditioned it on Nurani’s agreement to a groups that can help ensure community accountability confidentiality clause. Insisting that she while sustaining a popular movement for social change. would not be silenced in sharing her story with other women, Nurani resisted pressure from the defendants and the court to accept about the unfairness of the laws and has laid the INS had refused to allow Boatswain to the confidentiality clause. With the help of the foundation for serious legislative efforts be fingerprinted and had closed his citizen- the clinic, Nurani began the trial of her work- to reform the 1996 laws. The clinic has also ship case for abandonment. The clinic suc- ers compensation claim and prepared for a fought for several years for the ability to pro- ceeded in getting the INS to reopen the case federal jury trial on her wage claim. In Spring vide know your rights presentations to INS and the court to retain jurisdiction to review 2002, the employers relented and settled the detainees. This past year, students Brian the INS’ subsequent denial of citizenship. two cases for a combined sum of $82,000— Petruska (’02) and Noelle Wright-Young Building on arguments developed by their without any confidentiality agreement. (’02) made presentations to detainees in client, clinic students Anjana Malhotra To tackle the more systemic problems in Passaic County jail. For these detainees, the (’02), Lu, Sung, and Isaac Wheeler (’03) domestic work arrangement, several domes- majority of whom were swept up in the wake demonstrated that wartime veterans are tic worker groups formed Domestic Workers of September 11, the know your rights train- not subject to standard bars to naturaliza- United (DWU). In the Spring of 2001, IRC ings provide a rare opportunity to find out tion and are entitled to special preference in students Rachel Rosenbloom (’02) and Tony what rights they should have, and how to naturalization. Their brief traced the his- Lu (’02) began representing this coalition in navigate the complex web of immigration tory of special statutes for wartime veterans a campaign to obtain greater protections for and federal courts that determine whether back to the Civil War and showed how domestic workers. This effort culminated in those rights are observed in practice. application of new bars to citizenship for the Spring of 2002, when DWU launched The clinic has also been at the forefront wartime veterans would violate the gov- an effort to pass legislation in the New York of litigation on the application of deporta- ernment’s fundamental compact with those City Council promoting the use of a stan- tion laws. This past year, the clinic has noncitizens who serve in the armed forces dard contract for domestic workers and re- taken on the next litigation frontier after during wartime. At argument, the judge quiring employment agencies to inform the Supreme Court’s ruling in St. Cyr that noted that a similar argument had been employers of their obligations under the law. new deportation laws should not apply rejected in the Ninth Circuit, but that the With the supervision of Acting Assistant retroactively. In the Fall of 2001, clinic Ninth Circuit had not had the benefit of the Professor Sameer Ashar, a former IRC students Peter Bibring (’02) and Sandeep kind of briefing done by students in the Fellow, clinic students Kim Seelinger (’02) Solanki (’02) began work on a case to Immigrant Rights Clinic. and Mary Ann Sung (’02) worked closely establish that people deported before the No matter what is achieved through lit- with DWU’s steering committee to refine St. Cyr decision should be allowed to igation or advocacy victories, the core les- the group’s objectives, resolve legal issues, return to the U.S. to have the hearings son of the clinic is that lawyers cannot rely draft legislation, prepare hearing testimony, that were illegally denied to them. Their on any one strategy alone to accomplish and plan for a town meeting in which client, Luis Gutierrez, grew up in New their clients’ objectives. A social justice domestic workers spoke out about condi- Jersey, has a citizen wife and children, has lawyer must be prepared to undertake mul- tions. Seelinger commented that “it was all of his family here in the U.S., and has a tiple forms of legal advocacy and collabo- tremendously rewarding to have been able strong record of rehabilitation and rate with groups that can help ensure to work with such an impressive group of employment. Bibring and Solanki drafted community accountability while sustaining workers and humbling to see the role law- a brief demonstrating that under Supreme a popular movement for social change. yering plays in the essential work of mobi- Court interpretations of the habeas statute Hopefully, IRC graduates carry this lesson lizing for social justice reform.” courts could exercise jurisdiction to order with them wherever they might practice. ■ On the deportation side, the clinic also relief for a person, such as Gutierrez, who 28 AUTUMN 2002 NYU Law’s Clinical Program: Lawyering and Learning in the Real World

NYU Law’s clinical program has long requires students to master particular bodies been renowned for the quality of its faculty, of law (for example, family, civil rights, or the variety of its offerings, and the innovative death penalty law), to learn specific skills structure of its curriculum. In the past five suited to different practice arenas (for exam- Professors Anthony Thompson and Michael Wishnie years, the Law School has recruited nationally ple, litigation, policy analysis, and/or out- and internationally influential faculty to reach skills), and to learn to work under enrich the clinical program and has injected close supervision of faculty (for example, Bryan Stevenson: A 1985 graduate of fresh ideas and approaches to deepen and preparing for trials and hearings, writing Harvard, with both a Masters in Public broaden the clinical curriculum. With 16 appellate and postconviction briefs, and/or Policy from the Kennedy School of Gov- full-time clinical faculty and 19 clinics, the planning community education workshops). ernment and a J.D. from the law school, Law School provides students with unparal- NYU Law faculty design each and every Stevenson has won national and interna- leled experiences in working with clients and second- and third-year clinic with a common tional acclaim for his work on behalf of communities to address urgent problems, aspiration. Clinics advance the instruction to condemned prisoners through the Mont- influence public policy, and improve the qual- which students already have been exposed, gomery, Alabama-based Equal Justice In- ity of legal problem-solving. diversify the skill sets available for effective itiative, which he directs. His numerous For 20 years, NYU Law has coordinated legal problem-solving, and deepen an in- awards include the prestigious MacArthur its much heralded first-year Lawyering creasingly coherent sense of how lawyers Foundation Fellowship Prize, the Olaf Program, upper-level simulation courses, might best do their work. At the same time, Palme Prize for International Human Rights, and fieldwork clinics in a carefully struc- clinics exhort students to appreciate just how and the Reebok Human Rights Award. tured pedagogical construct of sequenced, much they must grow over the course of Kim Taylor-Thompson: A 1980 graduate of dynamic learning, developed by Professor their careers. Problems evolve, and so must Yale Law School, Taylor-Thompson spent a Anthony G. Amsterdam, one of the most problem solvers if they are to become and decade working at the District of Columbia respected public interest lawyers and law remain expert in the practice of law. Public Defender Service, widely regarded as professors in the country. The Lawyering The clinical faculty members who have the premier public defender office in the Program introduces students to a sophisti- come to NYU Law in the past five years country, where she rose in the ranks from cated theory of legal problem-solving that and made it their home could anchor any staff attorney to various supervisory posi- Professor Amsterdam, Professor Peggy legal all-star team: tions and ultimately became the Director. Davis, and other members of the NYU Law Gerald P. López: A 1974 Harvard Law Thereafter, she was an Associate Professor faculty have been the leaders in creating. School graduate, López came to NYU after at Stanford Law School, where she co- Grounded in this model, students in the teaching at Stanford, where he was the founded the Lawyering for Social Change second- and third-year clinics work with Kenneth & Harle Montgomery Professor Program, and then came to NYU Law. In clients and communities on intensely de- of Public Interest Law and founded the addition to teaching clinical courses and manding cases, projects, and deals. Lawyering for Social Change Program, and first-year Criminal Law, Taylor-Thompson Each second- and third-year clinic builds at UCLA, where he cofounded the Program is the Academic Director of the Criminal on first-year instruction in its own special in Public Interest Law and Policy. He is Justice Program at NYU Law’s Brennan way. In order to serve clients and communi- the author of Rebellious Lawyering, perhaps the Center for Justice. ties as effective practitioners, each clinic most influential book ever written about Anthony Thompson: A 1986 graduate of public interest law Harvard Law School, Thompson worked practice. Through mo- for a decade as a public defender in bilization, litigation, California and then opened his own prac- economic initiatives, tice, focusing on criminal defense, sports policy reforms, public and entertainment law and contract law. In speaking, and writing, addition to teaching in the clinical pro- he works with low-in- gram, Thompson serves as the faculty come, of color, and im- director of the Law School’s Root-Tilden- migrant communities Kern Scholarship Program. He regularly and clients. consults with communities, legislators, courts, and policymakers on the imple- Professors Gerald López, Bryan Stevenson, and Kim Taylor-Thompson mentation of criminal justice policy. FACULTY FOCUS 29

Michael Wishnie: A 1993 graduate of Yale developing unconventional strategies to at- including overcoming barriers to housing, Law School, Wishnie worked at The Legal tack pervasive social problems, and a Local employment, education, and credit. Aid Society and ACLU Immigrants’ Rights Economic Development Clinic to help low- The clinics have also expanded their focus Project, where he concentrated on the income communities effectively foster and to tackle international issues. Professor Holly representation of grassroots immigrant and equitably channel economic growth and Maguigan’s Comparative Criminal Justice labor organizations. Wishnie was also previ- opportunity. Professor Taylor-Thompson has Clinic offers students the opportunity to ously a law clerk to Justices Harry A. created a Community Defender Clinic to compare and contrast different nations’ use Blackmun and Stephen G. Breyer. At NYU, explore ways in which public defender of criminal prosecution to combat domestic he is an Acting Director of the Hays Civil offices might reinvent themselves and as- violence; develop a critical analysis of the Liberties Program, established and super- sume a more effective role in the criminal advantages and limitations of different crim- vises the NYU Immigrant Rights Clinic justice community. Professor Wishnie, with inal justice strategies; and assist agencies and Fellowship, and serves as Faculty Liaison to Professor Nancy Morawetz, has developed non-governmental organizations, in the U.S. the Migration Policy Institute. an Immigrant Rights Clinic, which comple- and abroad, in working to devise and imple- ments its litigation on behalf of immigrants ment changes in those strategies. The In- What these new faculty members bring with media work, legislative advocacy, com- ternational Human Rights Clinic, taught by to NYU Law is perhaps most evident in the munity education, and other legal assistance Professor Paul Chevigny and Acting Assis- recent evolution of the clinical law curricu- on behalf of immigrant organizations. The tant Professor Donna Sullivan, emphasizes lum. For more than three decades, the clin- Public Policy Advocacy Clinic, taught by approaches to human rights advocacy that ical program has provided high-quality Professor Sarah Burns, works with organiza- extend beyond a limited focus on courts to representation of indigent clients in the New tions like the Children’s Defense Fund and link legal and non-legal initiatives. York City civil and criminal courts. On the the Leadership Conference on Civil Rights The program melds state-of-the-art train- civil side, course offerings have long included to explore, evaluate, and implement strate- ing with superb lawyering. Success over the the Civil Legal Services Clinic (taught by gies to improve public decision-making. years has been both the product of and the Professors Paula Galowitz and Lynn Martell), Professor Stevenson has led the clinics reason for a restless desire to always do a bet- the Civil Rights Clinic (taught by Professors into the deep South to provide representa- ter job. For anyone eager to be immersed in Claudia Angelos and Laura Sager), and the tion to prisoners on death row. His Capital the best available training and to understand Family Defense Clinic (taught by Professor Defender Clinic, co-taught by Professor their possible roles in a profession ultimately Martin Guggenheim and Acting Assistant Anthony G. Amsterdam, takes NYU Law measured by the quality of its problem- Professor Madeleine Kurtz and social worker students to Montgomery, Alabama, where solving, NYU Law is the place to be. ■ Paula Fendall). On the criminal side, the they interview death row clients and their clinical program has long offered a Federal family members; review court files; conduct Defender Clinic (taught by Professor Chet investigative interviews of jurors, trial law- NYU Law’s Clinics Mirsky and Inga Parsons of The Legal yers, and other critical witnesses; and use the Aid Society’s Federal Defender Division), a information they collect to prepare appeal At NYU, students can choose among the Prosecution Clinic (taught by Professor petitions for indigent condemned prisoners following fieldwork clinics: Anthony Thompson), and a Juvenile Rights who lack legal representation. In a second Clinic (taught by Professor Randy Hertz Capital Defender Clinic, taught by Professor Capital Defender Clinic (Alabama) and Jacqueline Deane of The Legal Aid Amsterdam with Professor Randy Hertz and Capital Defender Clinic (New York) Society’s Juvenile Rights Division). Deborah Fins of the NAACP Legal Defense Civil Legal Services Clinic The clinical professors who have come to Fund’s Capital Punishment Project, students Civil Rights Clinic the Law School in the past five years have work with the Legal Defense Fund to repre- Community Defender Clinic broadened and enriched the school’s clinical sent death row inmates in various Southern Community Outreach, Education, and curriculum. Professors Gerald López, Kim states and engage in legislative and media Organizing Clinic Taylor-Thompson, and Michael Wishnie advocacy on capital punishment issues. Comparative Criminal Justice Clinic have led the clinics into a new realm of pub- Professor Anthony Thompson expanded Environmental Law Clinic lic interest lawyering in the community. and reshaped the Law School’s Prosecution Family Defense Clinic This vision of practice makes central the Clinic to address a wide range of systemic Federal Defender Clinic collaboration between lawyers and client issues, including the effects of race, ethnicity, Government Civil Litigation Clinic communities, employs diverse strategies as and class on the exercise of police, prosecuto- Immigrant Rights Clinic supplements and alternatives to more famil- rial, and judicial discretion in the criminal International Environmental Law Clinic iar legal action (litigation, lobbying, policy justice system. In the 2002-2003 academic International Human Rights Clinic work), and investigates as a matter of course year, he will offer a new Offender Reentry Juvenile Rights Clinic whether the remedies pursued effectively Clinic, which will focus on the legal and prac- Local Economic Development Clinic address the problem faced. Professor López tical barriers faced by individuals released Offender Reentry Clinic has introduced both a Community Out- from state and federal prison, providing ex- Prosecution Clinic reach, Education, and Organizing Clinic to prisoners and the communities they reenter Public Policy Advocacy Clinic work with low-income communities on with assistance on a wide variety of matters, 30 AUTUMN 2002 New Faculty

Five important legal scholars join NYU Law’s full-time faculty this year.

Professor Jennifer Arlen currently the editor of “Experimental and Empirical Studies” series on the Legal Professor Jennifer Arlen and Assistant Professor Jennifer Arlen, who recently joined the Scholarship Network and is on the editorial Rachel Barkow NYU Law faculty, teaches corporations, board of the prestigious International Review securities fraud litigation, and a seminar on of Law and Economics. business crime. An economist and a lawyer Professor Arlen began her teaching career Assistant Professor by training, Professor Arlen uses economic at Emory University School of Law as an Rachel Barkow analysis (theoretical, empirical, and experi- assistant professor in 1987, after clerking for the Honorable Phyllis Kravitch of the U.S. mental) to explore how to best use legal Rachel Barkow, who has been an associ- Court of Appeals for the Eleventh Circuit. rules to deter corporate wrongdoing. The ate at the Washington, D.C., firm of Her numerous publications include, most issues she has explored include securities Kellogg, Huber, Hansen, Todd & Evans recently, “Designing Mechanisms to Govern fraud, corporate crime, and malpractice lia- since 1998, will join NYU Law’s faculty Takeover Defenses: Private Contracting, bility of managed care organizations. Pro- this Fall. At her law firm, she focused on Legal Intervention, and Unforeseen Contin- fessor Arlen also writes about behavioral telecommunications and administrative law gencies,” in the University of Chicago Law law and economics, focusing on how people issues in proceedings before the Federal Review (2002); “Endowment Effects Within behave within organizations. Communications Commission, state regula- Corporate Agency Relationships,” in the Professor Arlen was the Ivadelle and tory agencies, and federal and state courts. Journal of Legal Studies (with Matt Spitzer Theodore Johnson Professor of Law and Busi- She took a leave from the firm during 2001 and Eric Talley, 2002); “Regulating Cor- ness at the University of Southern California to serve as the John M. Olin Fellow in Law porate Criminal Sentencing: Federal Guide- Law School (USC), where she taught from at Georgetown University Law Center. Her lines and the Sentencing of Public Firms,” 1993 to 2002, and was a founding director of main academic interests are administrative in the Journal of Law and Economics (with the USC Center in Law, Economics, and Or- and criminal law, and she is especially inter- Cindy Alexander and Mark Cohen, 1999); ganization. She has been a Visiting Professor ested in how the lessons of administrative law can be applied to the administration of criminal justice. An economist and a lawyer by training, Professor Arlen Barkow’s most recent publication is “More Supreme than Court: The Fall of the uses economic analysis (theoretical, empirical, and Political Question Doctrine and the Rise of experimental) to explore how best to use legal rules Judicial Supremacy,” which appeared in the Columbia Law Review (2002). She is cur- to deter corporate wrongdoing. The issues she has rently working on an article that examines explored include securities fraud, corporate crime, the relationship of the Federal Sentencing Guidelines to the Jury Guarantee. Professor and malpractice liability of managed care organizations. Barkow is also beginning a book that traces She also writes about behavioral law and economics, the development of separation of powers doctrine at the Supreme Court and the rela- focusing on how people behave within organizations. tionship of that doctrine to theories of indi- vidual rights and court competency. When asked why she chose to come to of Law at Yale Law School and the California and “Controlling Corporate Misconduct: NYU Law, Barkow remarked, “What at- Institute of Technology, and has been an An Analysis of Corporate Liability Regimes,” tracted me to NYU Law, in addition to Olin Fellow at Boalt Hall School of Law, at in the NYU Law Review (with Reinier the fantastic faculty and student body, the University of California, Berkeley. She Kraakman, 1997). is the school’s dynamism and energy. There has served on the Board of Directors of the Arlen graduated magna cum laude are so many speakers and workshops and American Law and Economics Association, from Harvard University with a B.A. in events, with so many different and engag- and has chaired the Remedies, Torts, and economics in 1982, and received both her ing perspectives being aired. And it’s won- Law and Economics sections of the As- J.D. degree (1986, Order of the Coif) and derful to see such a high level of interest sociation of American Law Schools. She is her Ph.D. in Economics (1992) from NYU. from both the students and the faculty. The FACULTY NEWS 31 enthusiasm is contagious, and I’m thrilled that I will be a part of it.” After graduating from Northwestern NYU Law Celebrates the Life of University (B.A. 1993), Barkow attended Professor Lawrence P. King Harvard Law School (J.D. 1996), where she won the Sears Prize, which is awarded annu- (1929-2001) ally to two students with the top overall grade averages in the first-year class. Colleagues and friends of Professor Larry King held a tribute honoring his life. King, who passed Barkow served as a law clerk to Judge away in April 2001, was remembered as an extraordinary lawyer, teacher, scholar, law reformer, and Laurence H. Silberman on the District of role model to many. Pictured at the ceremony (from left to right) are David Kaufman, wife Dorothy Columbia Circuit, and Justice Antonin King, and the Honorable Mary Davies Scott. Scalia on the U.S. Supreme Court.

Professor Daryl Levinson

Daryl Levinson comes to NYU Law from the University of Virginia, where he received his law degree in 1995 (along with a graduate degree in Modern Studies), joined the Law School faculty in 1996, and proceeded to become the Harrison Foun- dation Research Associate Professor of Law. At Virginia, Levinson was awarded the McFarland Prize for faculty scholarship and was also an acclaimed teacher. Levinson’s main areas of research and teaching include constitutional law, reme- dies, democratic political processes, and, most recently, constitutional design—ex- ploring how the basic institutions of consti- tutional democracy might be engineered to achieve goals such as stability, equality, and economic growth. vidualized harm, equal treatment, neu- law insights and methodology to legal re- In several major publications, Levinson trality, and the like. “Making Government gimes regulating the behavior of govern- has challenged broad swaths of the conven- Pay: Markets, Politics, and the Allocation of ment; and the distinction between markets tional wisdom in constitutional law and Constitutional Costs,” in the University of and politics as institutions of social order- theory. “Framing Transactions in Constitu- Chicago Law Review (2000), presses the ing. His work draws upon interdisciplinary tional Law,” in the Yale Law Journal (2002), point that governments care about votes, sources from economics, public choice, questions whether constitutional violations not dollars, and therefore that we should political theory, and philosophy. can be usefully modeled in the same way as not expect governments to respond to com- Although still a relatively junior scholar, common law ones by pointing out a deep pensation requirements in takings or tort Levinson was being recruited by a number conceptual incoherence in the basic build- cases in the same way as a private individ- of other top law schools when he chose to ing-blocks of constitutional discourse: indi- ual firm. “Rights Essentialism and Remedial come to NYU. What made the difference? Equilibration,” in the Columbia Law Review “NYU shares the genie soul of New York (1999), deconstructs the central jurispru- City: it is an incredibly innovative, forward- dential distinction between constitutional looking institution with a sense of infinite rights and remedies. More generally, impor- possibility.” Levinson says. tant themes in Levinson’s scholarship include the instrumental purposes and mechanisms of constitutional law and how constitutional adjudication can further sen- sible policy goals within the boundaries of its institutional structure; the relationship between private and public law, and the Professor Daryl Levinson and Assistant Professor applicability, or inapplicability, of private Rebecca Tushnet 32 AUTUMN 2002

Assistant Professor Assistant Six Stars Who Rebecca Tushnet Professor Arrived in Rebecca Tushnet comes to NYU Law Katrina from Debevoise & Plimpton in Washington, Wyman 2001-2002 D.C., where she specialized in intellectual property. She has clerked for Chief Judge Katrina Wyman Our newest faculty members are part Edward R. Becker of the Third Circuit is an accomplished of an extraordinary recent migration of Court of Appeals in Philadelphia and As- young scholar who the leaders in legal education to NYU Assistant Professor sociate Justice David H. Souter of the U.S. is committed to con- Law, and join six world-class scholars who Katrina Wyman Supreme Court. tributing to the Law became part of the full-time faculty dur- Tu shnet graduated from Harvard Uni- School’s widely rec- ing the 2001-2002 academic year. versity in 1995, and from Yale Law School ognized strengths in the areas of property in 1998. Tushnet served as an articles editor and environmental law. Wyman’s various for the Yale Law Journal and as an editor of academic interests include environmental the Yale Journal of Law and Feminism. During and natural resources law and policy, the her law school summers, she worked for the regulatory process, and the implications of Center for Reproductive Law & Policy and international trade agreements for domestic for Bredhoff & Kaiser. environmental regulation. Tushnet’s publications include “Copy- Wyman is currently working on a series right as a Model for Free Speech Law” (B.C. of case studies that consider why govern- L. Rev. 2000), “Legal Fictions: Copyright, ment regulators turn to property rights Fan Fiction, and a New Common Law” and markets to regulate environmental and (Loy. L.A. Ent. L.J. 1997), which was a- natural resources. She recently completed Professor Philip Alston and Assistant Professor warded the Nathan Burkan Prize for best an article examining why other countries Noah Feldman paper in the field of copyright, and a stu- have been considerably slower than the dent note entitled “Rules of Engagement” United States to establish markets to regu- Professor Philip Alston (Yale L.J. 1988), which won the Israel H. late pollution. An ideological predisposi- Peres Prize for best student note. Her re- tion toward property rights and markets in Philip Alston is an internationally rec- search currently focuses on the relationship general in the U.S. is often cited as the rea- ognized human rights expert and a lead- between copyright and free speech, son the U.S. has been quicker to embrace ing scholar of international law. He was in particular why copyright is, after more markets to regulate pollution—whereas recently named Director of NYU Law’s than two centuries of relative obscurity, other countries seem less comfortable with new Center for Human Rights and now being seen as a restriction on speech these concepts. But Wyman offers an alter- Global Justice (page 58). Alston joined subject to First Amendment constraints, native explanation, which emphasizes the the Hauser Global Law School Program and the implications of this new attention importance of the costs of regulation for faculty as a visiting professor in 1996, to copyright for other areas of free speech the choice of instrument. Wyman’s next while retaining positions as both Pro- law. Tushnet is also interested in the law project explores another paradox in the fessor of International Law and head of governing false advertising and the roles of field of environmental and natural re- the Department of Law at the European the various actors—consumers, competi- sources law: why the U.S. has been consid- University Institute (EUI) in Florence, tors, and government—who bring the law erably slower than other countries to use Italy. He relinquished these appointments to bear against advertisers. market mechanisms to regulate commer- when he joined our full-time faculty. cial fisheries. Alston is editor-in-chief of the presti- A graduate of the University of Toronto gious European Journal of International and Yale Law School, Wyman is looking Law. In addition, he chaired the United forward to participating in NYU Law’s Nations Committee on Economic, Social, dynamic intellectual life. She comes to the and Cultural Rights for eight years and Law School after having been a Research recently served as senior consultant in Fellow on the University of Toronto Faculty preparation of the Human Development of Law in 2001-2002, where she focused Report 2000. He directed a project that on environmental regulation. ■ led to the launch of a Human Rights Agenda for the European Union for the Year 2000 and published a volume of es- says on that theme. An interview with Professor Alston can be found on page 59. FACULTY FOCUS 33

Assistant Professor article for the Michigan Law Review, “Treaty-Making and the Nation: The His- Noah Feldman torical Foundations of the Nationalist Con- ception of the Treaty Power,” is a major Noah Feldman is an exceptional young work of legal historical scholarship and an scholar whose academic work focuses on important legal and constitutional defense two primary areas: American public law of federal power. and the relationship between law and reli- gion. These two areas reflect his dual train- ing in law and intellectual history. Feldman Professor Richard Pildes received his bachelor’s degree from Har- Professor Stephen Schulhofer and Professor Joseph Weiler vard University summa cum laude in Near Richard Pildes is one of the nation’s Eastern Languages and Civilizations, fin- leading theorists of public law and a spe- ishing first in the class of 1992. Selected as cialist in legal issues affecting democracy. Throughout his impressive career, a Rhodes Scholar, he earned a D.Phil. in In the area of democracy, Pildes, along Professor Schulhofer has contributed to the Islamic Thought from Oxford University with the co-authors of his acclaimed case- discussion of a wide variety of issues at the in 1994. He received his J.D. from Yale book, The Law of Democracy: Legal Structure forefront of contemporary concerns about Law School in 1997. of the Political Process (now in its second edi- crime and due process. His work has been This year, Feldman was an organizer of tion), has helped to create a new field of distinguished by his simultaneous engage- “Islam and America in a Global World,” a study in law schools that explores issues of ment with doctrinal analysis of law, exami- conference cosponsored by the William democratic theory in the concrete institu- nation of criminal justice policy, and his Jefferson Clinton Foundation, NYU Law, tional, policy, and doctrinal settings in own original empirical work. and Georgetown University (see page 97), which they have arisen over the history of and also participated in several other im- American law. Professor Joseph Weiler portant events exploring the legal implica- Pildes is considered one of the country’s leading scholars on such topics as the tions of the events of September 11. In A world-renowned expert on interna- addition, Feldman discussed policy choices Voting Rights Act, alternative voting sys- tems (such as cumulative voting), the his- tional law and the European Union, Joseph available to the U.S. and other Western Weiler came to NYU Law from Harvard nations in promoting democracy in the Is- tory of disfranchisement in the United States, and the general relationship be- University, where he was the Manley Hud- lamic world post-September 11 at the an- son Professor of Law, and also held the Jean nual Rudin Lecture (see page 87). tween constitutional law and democratic politics in the design, maintenance, and Monnet Chair. Weiler is Professor at the reform of democratic institutions them- College of Europe, Bruges, and Honorary Professor David Golove selves. During the 2000 presidential elec- Professor at University College London, tion, he appeared as a public commentator and in the Department of Political Science David Golove is a member of the Fac- in numerous venues and provided regular at the University of Copenhagen. He is also ulty Executive Committee of NYU Law’s analysis with Tom Brokaw and others on Co-Director of the Academy of Interna- new Institute for International Law and the NBC network as an election law expert tional Trade Law in Macao, China. Justice and Director of the J.D.-LL.M. on the NBC Nightly News, The Today Show, At NYU Law, Professor Weiler is the Program in International Law (see page MSNBC, and in similar settings. Director of the Hauser Global Law School 60). Considered one of the most original Program and Director of the Jean Monnet and promising scholars in constitutional Center for International and Regional law, his recent scholarship addresses core Professor Stephen Schulhofer Economic Law & Justice (see page 55). He constitutional questions arising from for- also teaches courses in Public Internation- eign relations law and the exercise of the Stephen Schulhofer is one of the most al Law; the Law of the European Union, U.S. treaty-making power. His book-length distinguished scholars of criminal justice. the Law of the WTO, and the Law of the He has written more than 50 scholarly arti- NAFTA; and seminars in his various fields cles and six books, including the leading of interest. casebook in the field of criminal justice as Weiler is the author of numerous articles, well as highly regarded, widely cited work monographs, and edited volumes covering on a wide range of criminal justice topics. the Theory and Practice of European His most recent book, Unwanted Sex: The Integration, Public International Law, Com- Culture of Intimidation and the Failure of Law parative Constitutional Law, and Interna- (Harvard University Press), is a balanced tional Economic Law. yet controversial examination of our laws An interview with Professor Weiler can against sexual assault and other forms of be found on page 79. intimidation and sexual overreaching. Professor David Golove and Professor Richard Pildes 34 AUTUMN 2002

Why is BeVier interested in NYU Law? Visiting Faculty “Everything about the opportunity to spend a semester at NYU Law was attractive. The Once again, an extraordinary group of visiting faculty will enhance faculty and students are first-rate, the aca- demic programs innovative, the intellectual the scholarship and sharpen the academic rigor of the Law School this life vigorous and stimulating. And the visit will be a refreshing change of pace for me.” year. Many of the legal scholars who visit NYU Law ultimately choose David Epstein to make it their home: more than three dozen of those now on the University of Alabama School of Law

permanent faculty first spent time here as visitors. David Epstein, who will teach bank- ruptcy and secured credit as a visiting pro- fessor at NYU Law this Fall, teaches at the University of Alabama School of Law. In Joseph Bankman Lillian BeVier Tuscaloosa, he regularly teaches an under- Stanford Law School University of Virginia School of Law graduate course in effective and ethical prob- lem-solving to students from both the The Ralph M. Parsons Professor of Law Lillian BeVier is University of Alabama and Stillman College. and Business at Stanford Law School, the John S. Shan- In the Summer of 2001, Professor Joseph Bankman will join the visiting fac- non Distinguished Epstein taught secured credit at the Uni- ulty this year. At Stanford Law School he Professor and the versity of Texas School of Law. During the was also named the Helen L. Crocker Class of 1963 Re- Spring semester of 2002, he taught bank- Faculty Scholar in 1993. Professor Bank- search Professor at ruptcy and secured credit at Harvard Law man was Assistant Professor of Law at the the University of School as the Bruce W. Nichols Visiting University of Southern California Law Virginia School of Professor of Law. Epstein will teach courses School from 1984-1988, and an associate at Law, where she has in bankruptcy and contracts at Georgetown the law firm of Tuttle & Taylor in Los taught since 1973. in the Spring of 2003. Angeles from 1980-1984. Lillian BeVier BeVier teaches in- Recent publications include a 2002 edi- Bankman’s professional and scholarly tellectual property tion of his basic bankruptcy text, Bankruptcy interests include income taxation and busi- (both copyright and trademark), property, and Related Laws in a Nutshell, 6th ed.; a ness associations. His most recent publi- and First Amendment. She has published 2002 contracts casebook, Making and Doing cations include “The Venture Capital extensively on First Amendment and intel- Deals; and a 2002 corporations casebook, Investment Bust: Did Agency Costs Play a lectual property issues. Business Structures. His publications in 2003 Role: Was it Something Lawyers Helped BeVier graduated from Smith College will include the bankruptcy casebook he will Structure?” in the Chicago-Kent Law Review and Stanford Law School, where she was use at NYU Law, entitled Bankruptcy: Mak- (2002) and Federal Income Taxation (with W. on the Law Review and elected to the Order ing, Breaking, and Re-Making Deals, and the Klein & D. Shaviro, 12th edition, Little of the Coif. Before going to Virginia, she secured credit casebook, Nine Questions: Brown, 2000). His current research and was an Associate Professor at Santa Clara Secured Debt Deals in the 21st Century. forthcoming publications include The Role of University School of Law, having previ- Epstein is of counsel to King & Spald- Accountants in Tax Evasion and Insider ously practiced law in Palo Alto, California, ing, a firm in Atlanta. He is also the Robert Trading in Stock Substitutes (with Ian Ayres). and worked as Assistant to the General Zinman Resident Scholar at the American Bankman received his J.D. from Yale Secretary and Assistant Staff Legal Counsel Bankruptcy Institute. Each summer, he lec- Law School in 1980, and his A.B. from the for Stanford University. tures on contracts for BAR/BRI in New University of California at Berkeley in BeVier delivered the David C. Baum Lec- York and most other states. 1977. He is delighted to return to the Law ture on Civil Rights and Civil Liberties at the School. “I’m thrilled to be back at NYU University of Illinois College of Law in 1996, Law, which has become such a center of and the Coen Memorial Lecture at the intellectual life,” Bankman says. University of Colorado in 2000. In 1999, at the invitation of the Supreme Court His- torical Society, she spoke to the Society on Free Expression in the Warren and Burger Courts. She has testified before the Senate Rules Committee, the Senate Judiciary Committee, and the House Commerce Committee on the constitutionality of vari- ous campaign finance regulation proposals. David Epstein and Barbara Fried FACULTY FOCUS 35

Contractarian Arguments” (Stanford Public coming). He is currently working on a Law Working Paper Series No. 31, 2002), book about youth gun carrying. and “Left-Libertarianism and Its Critics: A A New York City native, Harcourt at- Review Essay.” tended the Lycée Français de New York before earning his undergraduate degree Bernard Harcourt at Princeton University. He received his University of Arizona law degree from Harvard Law School in 1989. After law school, Harcourt clerked Bernard Harcourt’s scholarship focuses for the Honorable Charles S. Haight, Jr., on issues of crime and punishment from an of the U.S. District Court for the Southern Bernard Harcourt and Victoria Nourse empirical and social theoretic perspective. District of New York, and then moved to His writings intersect the field of criminal Montgomery, Alabama, to represent death law and procedure, police and punishment row inmates on direct appeal, in state Epstein is one of the hundreds of people practices, political and social theory, and post-conviction, in federal habeas corpus, who regarded NYU Law Professor Larry criminology. He is the author most recently and at retrial. King, who passed away in April 2001, as a of Illusion of Order: The False Promise of Harcourt practiced at the Equal Justice close friend. He says, “It is a very special Broken Windows Policing (Harvard Univer- Initiative from 1990 to 1994. Along with honor to be able to teach the courses that sity Press, 2001). He is the editor and a NYU Law Professor Bryan Stevenson, he Larry King taught at Larry King’s school.” contributing author of a collection of essays was co-counsel for Walter McMillian, an entitled Guns, Crime, and Punishment in innocent man who was wrongly convicted Barbara Fried America (New York University Press, forth- of capital murder and who was released in Stanford Law School

Barbara Fried, presently the Professor of Law and Deane F. Johnson Faculty Scholar Harvey Dale Awarded University Professorship at Stanford Law School, is pleased to return to NYU Law. “NYU Law has proved a hard in Philanthropy and the Law place to stay away from,” she says. “I am delighted to be returning for a second tour School in 1988. Under his leadership, the NCPL of duty, and at what is a particularly excit- has explored a broad range of issues affecting ing time for the Law School.” the nation’s nonprofit sector and provided an Before joining the faculty of Stanford integrated examination of the legal doctrines Law School in 1987, she was an Associate at related to the activities of charitable organiza- Paul, Weiss, Rifkind, Wharton & Garrison tions. In addition, Professor Dale, the former in New York City for three years. From president and a director of The Atlantic Found- 1983-1984 she served as a law clerk for the ation, is considered the prime architect of the Honorable J. Edward Lumbard on the U.S. foundation’s approach to charitable giving. Court of Appeals for the Second Circuit. “Professor Dale is the acknowledged leader She graduated from Harvard Law School in his field,” said NYU President-Designate John (1983) and also received her B.A. (1977) Sexton. “His efforts have significantly increased and M.A. (1980) from Harvard. the Law School’s stature and greatly benefited University Professor Harvey Dale At Stanford, Fried is a two-time winner philanthropic and nonprofit communities. This of the John Bingham Hurlbut Award for gift from The Atlantic Philanthropies, which Excellence in Teaching, which is voted on by The Atlantic Philanthropies will fund a $2 Professor Dale led with distinction for decades, the graduating class. Her areas of teaching million New York University professorship in further honors and underscores the respect and include contracts, federal income taxation, Philanthropy and the Law within the National affection he has earned. It also ensures, on a tax policy, distributive justice, property, and Center on Philanthropy and the Law (NCPL) in University-wide level, a permanent Center for property theory. Her major publications honor of Professor Harvey Dale. Professor Dale teaching and scholarship in the field of philan- include “Why Proportionate Taxation?” in has assumed the new University Professorship thropy and the law.” Tax Justice Reconsidered: The Moral and Ethical in Philanthropy and the Law. Upon his retire- At a dinner honoring Professor Dale, NYU Bases of Taxation (Urban Institute Press, ment, the professorship will be known as The President L. Jay Oliva said, “Harvey Dale is the 2002), and The Progressive Assault on Laissez Harvey P. Dale University Professorship in person who made the crucial connection Faire: Robert Hale and the First Law and Philanthropy and the Law. between the formal study of law and the legal Economics Movement (Harvard University Professor Dale, a member of the Law School issues affecting nonprofit organizations—to Press, 1998). Her current research projects faculty for more than 20 years, is the Founding the enormous benefit of the academy and include “‘If You Don’t Like It, Leave It’: The Director of the NCPL, established at the Law to the nonprofit environment.” Construction of Exit Options in Social 36 AUTUMN 2002

1993 after six years on death row. Harcourt New York to serve as Assistant Counsel to returned to Cambridge in 1994 and was that committee. In 1988, she moved to the appointed Senior Fellow in the Graduate U.S. Department of Justice, where she Program at Harvard Law School from argued appellate cases on behalf of the gov- 1995-1997. During this time, he also ernment. In 1990, Nourse returned to the served on human rights missions to South Senate as Special Counsel to the Senate Africa and Guatemala. Harcourt received Judiciary Committee. From 1991-1993, she his Ph.D. in political science from Harvard was the chief attorney advising the Com- University in 2000. mittee’s chairman on criminal law matters. Since 1998, Harcourt has been Associate While serving in that capacity, she assisted Professor of Law at the University of Ari- the committee in drafting the Violence David Shapiro and Geoffrey Stone zona. During the 2001-2002 academic year, Against Women Act and in managing two he was Visiting Professor at Harvard Law omnibus crime bills. Shapiro has taught administrative law, School, teaching courses in criminal law, ad- Professor Nourse received her under- civil procedure (including advanced civil vanced criminal procedure, and criminal law graduate degree from Stanford University, procedure), contracts, labor law, legal pro- theory. In January 2003, Harcourt will join and her J.D. from Boalt Hall School of Law, fession, federal jurisdiction, and statutory the faculty at the University of Chicago Law University of California, Berkeley. interpretation. In addition to numerous art- School, where he has been appointed Pro- icles and service as a Reporter and Adviser fessor of Law. on several American Law Institute projects, “I am really excited about coming home David Shapiro his publications include Preclusion in Civil to New York City and especially to New Harvard Law School Actions (2001), Federalism: A Dialogue (1995), York University,” Harcourt says. “NYU and (with others) the second, third, and Law has an incredibly impressive and wide- David Shapiro visited NYU Law in fourth editions of Hart & Wechsler’s The ranging criminal law group, as well as ter- 1995 and 2001, and “each time enjoyed the Federal Courts and the Federal System. rific social and legal theorists. It will be intellectual stimulation and warmth of both stimulating to be a part of NYU.” the faculty and the students.” Shapiro says, “I’m very much looking forward to the Geoffrey Stone opportunity to return to the school and University of Chicago Law School Victoria Nourse the city, and to renew the many friendships The University of Wisconsin I made there.” Geoffrey Stone, the Harry Kalven, Jr. Law School, Madison After graduating from Harvard Univer- Distinguished Service Professor of Law at sity (B.A. 1954) and Harvard Law School the University of Chicago Law School, is Victoria Nourse will teach substantive (LL.B. 1957), he worked as an Associate looking forward to visiting NYU Law this criminal law when she visits NYU Law in Attorney at the firm Covington & Burling semester. Stone says, “NYU Law has an the Spring of 2003. She presently teaches from 1957-1962, and then clerked for As- exciting faculty, wonderful students, and criminal law and constitutional law at The sociate Justice John M. Harlan during the a unique commitment to public service. University of Wisconsin Law School; she 1962 term of the U.S. Supreme Court. I have many friends on the faculty, and I joins us after visiting at Yale Law School. In Shapiro was an Assistant Professor (1963- very much look forward to a thoroughly the past five years, Nourse has published in 1966), then Professor (1966-1984), and, rewarding visit. I am especially pleased to a variety of journals, including the Yale, since 1984, has been William Nelson Crom- be teaching my seminar in constitutional Stanford, Chicago, Duke, and NYU Law Re- well Professor of Law at Harvard Law decision-making. It is an unusual course, views. She is known for her work on issues of School. From 1988-1991 he served as De- and it should be great fun both for the stu- gender and criminal law, and, in particular, puty Solicitor General in the U.S. Depart- dents and for me.” criminal law defenses. Professor Nourse also ment of Justice. After receiving his undergraduate degree writes on issues relating to constitutional from the Wharton School of the University law and her current research includes a of Pennsylvania (B.S. 1968), and his law book-length history of Skinner v. Oklahoma, degree from the University of Chicago Law a case famous for its constitutional implica- School (J.D. 1971), Stone served as law clerk tions, but one grounded in the 20th cen- to Judge J. Skelly Wright, United States tury’s first war on crime. Court of Appeals for the District of Nourse began her legal career clerking Columbia Circuit from 1971-1972. Pro- for Judge Edward Weinfeld on the Southern fessor Stone then clerked for Justice William District of New York. In 1986, she joined J. Brennan, Jr., on the Supreme Court of the the firm of Paul, Weiss, Rifkind, Wharton & United States, from 1972-1973. He joined Garrison. At the invitation of Arthur Liman, the faculty of the University of Chicago Law then chief counsel to the Senate committee School in 1973. From 1987 to 1993 Stone investigating the Iran-Contra affair, she left served as Dean of the Law School, and from FACULTY FOCUS 37 Faculty Alexander Fellows Retirements Alexander Fellowships, named after Fritz Alexander, the distinguished African-American New York Court of Appeals Judge, are designed to help recent law school graduates who want to pursue teaching careers prepare to enter the teaching market. Thomas Franck Fellowships are generally two-year terms—during that time fellows devote most of their energy TRIBUTE BY PROFESSOR DAVID GOLOVE to both writing and teaching. In their first year, fellows dedicate essentially all their time to scholarship and prepare a substantial draft of a paper that serves as the basis for a presentation on the teaching job market. During the second year, fellows generally teach one or two courses and also participate in several of NYU Law’s scholarly colloquia. Fellows are selected by a faculty committee. Each fellow is assigned a faculty “mentor,” who ensures that the fellow is well-integrated into the Law School’s intellectual life.

Carolyn Frantz Youngjae Lee As an Alexander Fellow, Youngjae Lee gradu- Carolyn Frantz will ated with honors from teach family law, which Swarthmore College in It is impossible to praise Tom Franck too is her primary research 1995, where he was much, as a scholar, an intellectual, a col- interest. She is cur- elected to Phi Beta league, a teacher, and a friend. Technically rently completing an Kappa and majored in speaking, I was never Tom’s student, but article about marital philosophy with a mi- his remarkable work was my inspiration for property with Professor nor in economics. He pursuing an academic career in interna- Hanoch Dagan of the received a Fulbright tional law and the constitutional law of for- University of Michigan Law School, and is Scholarship to conduct a research project in eign affairs. As a student, I was dazzled by working on another article about child support. comparative political theory at Seoul National the combination of creativity, erudition, From 2001-2002 Frantz clerked for the University in Seoul, Korea in 1995-1996. Lee and insight which he displayed in his work Honorable Sandra Day O’Connor on the U.S. graduated magna cum laude from Harvard Law on the emerging right to democratic gov- Supreme Court, and from 2000-2001 she School in 1999, where he was an editor of the ernment and on the concept of legitimacy clerked for the Honorable David S. Tatel on the Harvard Law Review and a recipient of Heyman in international law, and quickly discovered U.S. Court of Appeals for the D.C. Circuit. Her Fellowship. Lee served as a law clerk to Judge that these qualities were characteristic of all publications include “Eliminating Consideration Judith W. Rogers of the U.S. Court of Appeals for of his scholarly work. I vividly recall attend- of Wealth in Post-Divorce Child Custody Dis- the D.C. Circuit and has worked as an attorney ing a panel discussion on the Gulf War in putes,” Michigan Law Review (2000). in the Federal Programs Branch of the Civil the early 1990s when I was a student at Frantz attended the University of Michigan Division in the U.S. Department of Justice and Yale Law School. Tom was one of the prin- Law School (J.D. 2000), Oxford University (B.A. at Jenner & Block in Washington, D.C. His re- cipal speakers, and I was immediately 1996; M.S. 1997), and Wake Forest University search and teaching interests include compar- struck not only by the power and elegance (B.A. 1994). ative constitutional law, administrative law, and of his argument, but also by his personal constitutional law. grace and charm. He was able to argue forcefully for an unconventional position and yet seem reasonable and grounded in 1993-2002 he served as Provost of the Uni- Supreme Court Review. Professor Stone’s common sense and practical wisdom. We versity of Chicago. books include Eternally Vigilant: Free Speech met shortly thereafter, and he has since Stone has taught numerous courses in in the Modern Era (with Lee Bollinger, been a role model and inspiration, and a constitutional law, as well as civil procedure, 2001); Constitutional Law (with Louis source of encouragement and practical evidence, criminal procedure, contracts, Seidman, Cass Sunstein, and Mark Tushnet, guidance for me, as he has been for so many and regulation of the competitive process. 4th ed., 2001); and The Bill of Rights in the others. It has been my great good fortune His research has focused on such subjects as Modern State (with Richard Epstein and to have joined the NYU Law faculty with the freedom of speech, press, and religion; Cass Sunstein, 1992). Stone’s current Tom as a colleague and mentor, and I look the constitutionality of police use of infor- research focuses on civil liberties in war- forward to many more years of collabora- mants; the privilege against compelled self- time, child pornography, and the Espionage tion, friendship, and learning. ■ incrimination; the Supreme Court; and the Act of 1917. ■ FBI. Stone is the editor, with David Strauss and Dennis Hutchinson, of the annual 38 AUTUMN 2002

Chester Mirsky His insights and input are invaluable to moment over his long professional life has those of us who come to this most fascinat- the world so needed his insights, his experi- TRIBUTE BY PROFESSOR JAMES JACOBS ing and important subject area from a more ence, and his wisdom. For years, Professor academic base. Slain has been a mainstay of a tradition at Chet’s book-length study (with Mike NYU Law that is unique among great McConville), “Criminal Defense of the Poor American law schools. That tradition is one in New York City,” is a landmark in scholar- in which expertise in accounting is seen as a ship and policy analysis on providing indi- fundamentally important skill for those gent criminal defense services. His historical who would be great business lawyers or and critical work on plea bargaining is those who would make or administer coher- widely cited and debated. His comparative ent public policy respecting the regulation studies of criminal procedure in civil law of business transactions or market struc- countries contributes much to our faculty tures. For some years now, this perspective Chet Mirsky has been a close friend and and students. has not been widely shared. Some aca- valued colleague since I crossed the NYU Chet is retiring from full-time teaching demics, influenced by ideas from financial Law threshold in Fall 1982. Even at that so that he can focus his full energy on get- economics, have tended to dismiss account- early date, Chet was already a fixture here, ting and staying healthy. His second priority ing as a system of more or less unimportant the director of the criminal defense clinic and is finishing two major books (19th century conventions, thinking that efficient mar- a well-known expert on criminal law and origins of plea bargaining; politics of devel- kets could more or less easily see through criminal procedure. Chet welcomed and re- opment [Wal-Mart] in the Hudson Valley) accounting numbers to set values based on cruited me and has been practically a daily that are close to completion. He will continue something “more real.” Jack and his senior presence in my life ever since. For several to be a presence at our criminal justice events, colleagues at the Law School, however, years, he and I co-taught his clinical course as a participant in our classes, as a collabora- understood that accounting treatment on criminal procedure. We read and cri- tor in our research, as a consultant and critic could matter in the determination of mar- tiqued each other’s papers and called each of our articles, and as a dear friend. ■ ket values and, setting their faces against other for advice and support. We dreamed convention, equipped generations of our about making NYU Law number one in students with the basic skills that they criminal law and worked to make that hap- John Slain understood were necessary to function ef- pen. We built the criminal law program at TRIBUTE BY PROFESSOR WILLIAM T. ALLEN fectively in the world of business. NYU together. Together, we delighted in We could not have wanted them to be the monthly Fortunoff (now Hoffinger) Cri- proven correct in such a dramatic and minal Justice Colloquium and in the crimi- painful way. The regulation of our capital nal law group lunches that we’ve held every markets and of our corporate governance is Wednesday for the last four years. in something of a crisis caused by collaps- When my son Tom was struggling ing markets and collapsing firms. No issue through treatment for a malignant brain appears more important to the President or tumor, Chet’s friendship helped to sustain to Congress at this moment than assuring him. And as Chet himself has struggled with Americans—investors and workers alike— cancer, his friendship with Tom and with me that the financial information disclosed has deepened. Throughout this trying time, by American corporations is complete and Chet’s courage has inspired us. All of his None of our senior faculty has more fairly discloses the financial condition of criminal law colleagues embrace him (figura- right to draw satisfaction from our institu- the firm. tively and emotionally) when he comes tional accomplishments than has Professor A graduate of this school himself, through that door to join us on Wednesdays, Jack Slain. For 20 years at NYU and for a trained in the leading corporate firm of the always ready to contribute substantively and decade earlier, too, Professor Slain has rep- day, no one could have predicted when he always with a sense of humor. resented the highest standards of teaching returned to the faculty at his alma mater NYU has a large and multifaceted crim- and counseling that this or any law faculty that the association would grow to be so inal law faculty. Chet brings to it years of could claim. important, so long-lasting, and so deeply experience and expertise as a criminal de- Jack has decided that the time has come satisfying for generations of students and fense lawyer. He “knows” how the courts for him to put aside some of the burdens colleagues. Yet it did. And we now take operate, “understands” prosecutional and that he has carried so well for so long. Now, moment to rejoice at our good luck and to defense strategy, and “appreciates” ethical there is a certain irony in the fact that our say thank you. You believe, Jack, that it is dilemmas. Chet is an “all-around” criminal beloved colleague has chosen this year to time to put down a part of this burden lov- law guy; he knows and is interested in the avail himself of the richly earned privilege ingly carried and beautifully executed over full gamut of criminal justice issues: of laying down a part of the heavy teaching so many generations of law students. jurisprudence, procedure, criminology, policy. burden that he has so gracefully carried. Selfishly, we are saddened at that decision Like me, he leads an exciting life in crime! The irony arises from the fact that at no but thankful for all that. ■ FACULTY FOCUS 39 Global Law Faculty 2002-2003 Frederick Schauer in The Hauser Global Law School Program brings some of the world’s Residence at NYU Law leading law professors and law students to NYU to teach and study Frederick Schauer, Academic Dean and Frank Stanton Professor of the First Amend- side by side with their American counterparts. Global Law Faculty ment at the Kennedy School of Government of Harvard University, will be in residence at members specialize in diverse fields of law, not just international law, NYU Law during the Spring 2003 semester. One of the nation’s leading theorists in and are renowned scholars in their countries and areas of interest. the First Amendment, Schauer’s teaching and writing focus on constitutional law, free- Their courses provide an extraordinary opportunity for NYU Law dom of speech and press, political philoso- phy, the philosophy of law, and legal students—both J.D. and LL.M.—to interact with these eminent constraints on policymaking. “I am completing a book on generality scholars and gain a new perspective on important legal issues. and generalizations in legal and non-legal decision-making, and I am delighted to be able to work on it in such a stimulating intel- lectual environment,” Schauer says of his Mohammed Arkoun attire of judges and barristers, Parliament visit to the Law School. “Many members of shall make recommendations subject to the the NYU Law faculty are both personal and Mohammed Arkoun is Emeritus Pro- approval of Her Majesty, the Queen, and professional friends of mine, and the oppor- fessor of the History of Islamic Law at the Dr. John Baker.” tunity to interact with them and others on a University of Paris III, Sorbonne, and regular basis is something I look forward to Scientific Director of the journal Arabica. Eva Cantarella with great anticipation.” He has been a Visiting Professor at the Prior to joining the faculty at the Kennedy School, Schauer served as Professor of Law Institute for Ismaili Studies in London, Eva Cantarella is Professor of Roman at the University of Michigan. He received and at several American and European Law at the University of Milan in Italy. his undergraduate degree from Dartmouth universities. Arkoun is a holder of the Previously, she was dean of the law school at and earned his law degree at Harvard Law French Chevalier de la Legion el’honneur and the University of Camerino. She has lec- School. He has been the recipient of a Officier des palmes academiques and a mem- tured and taught at several universities in Guggenheim Fellowship and is a Fellow of ber of the French National Ethics Com- Europe and the United States. A leading the American Academy of Arts and Sciences. mittee for Life and Health Sciences. A classicist, she examines ancient law from a A founding editor of Legal Theory, scholar with a broad range of interests, law and society perspective, and relates it to Schauer is the author of several books and Arkoun is widely regarded as one of the modern legal issues. Cantarella has pub- more than 125 academic articles on a wide leading interpreters of Islamic law and cul- lished numerous articles in Italian and range of topics. His book Free Speech: A ture. Several of his books have been trans- English, and two of her books have been Philosophical Enquiry was awarded a lated into English. translated from Italian into several lan- Certificate of Merit by the American Bar guages, including English. Association in 1983. In 1999, his work John Baker became the subject of a book entitled Radhika Coomaraswamy Rules and Reasoning: Essays in Honour of John Baker has taught at Cambridge Fred Schauer. University since 1965. A fellow of the Radhika Coomaraswamy is concurrently Schauer frequently appears before con- British Academy, Baker is the foremost the United Nations Special Rapporteur on gressional committees on issues relating to authority on the development of English Violence Against Women and Director of free speech and constitutional law. His legal institutions. In addition to being the the International Centre for Ethnic Studies work on legal and constitutional develop- author of several acclaimed works on legal in Colombo, Sri Lanka. She holds degrees ment has taken him around the globe—to history, Baker enjoys an unmatched repu- from Yale, Columbia, and Harvard, and she venues as diverse as Mongolia, Estonia, tation as a bibliographer. One measure of has been a lecturer at Colombo University. and South Africa. the deference accorded to Baker in the Coomaraswamy has spoken at numerous Schauer has been a visiting professor at country from which comes so much of our conferences and symposia, published sev- numerous schools, including the University of legal heritage is the following note ex- eral articles and monographs, and edited Chicago, Dartmouth College, the University tracted from the proceedings of British volumes on issues ranging from the in- of Toronto, and the University of Virginia. Parliament: “In the matter concerning the stitutional and doctrinal development of 40 AUTUMN 2002

constitutional norms by the Sri Lankan Su- preme Court to the impact of religion and Mark Green Joins NYU Law as Distinguished Visitor traditional culture on women’s rights in the Third World.

my career as a public interest lawyer and now will be participating in a law school that has Victor Ferreres Comella probably produced more public interest law graduates than any, in large part because of Victor Ferreres Comella is a Professor of Dean Sexton’s innovative leadership.” Constitutional Law at the Pompeau Fabra Green, a native of Brooklyn who now University in Barcelona, Spain. He gradu- resides in Manhattan, was educated at Cornell ated from the law school of Barcelona Uni- University and Harvard Law School, where he versity, and holds a doctorate from Yale Law served as editor-in-chief of the Harvard Civil School. He has been a Visiting Professor at Rights-Civil Liberties Law Review. He was the law school of Puerto Rico University recently the Democratic nominee for Mayor of and the European Humanities Institute in New York City. Minsk, Belarus. A book based on his doc- During the last three decades, Green has toral thesis won the Francisco Tomas y written or edited 16 books—including the Valiente Prize in Constitutional Law, which best-selling Who Runs Congress? (1972, is awarded by the Spanish Constitutional 1975, 1979 and 1984 editions), Verdicts on Court. He has also published several arti- Lawyers (1976), Reagan’s Reign of Error cles, translated well-known law books from (1983 and 1987), and Changing America: English to Spanish, and made major pre- Blueprints for the New Administration (1993), sentations at several conferences in Europe, an 800-page anthology for incoming President the U.S., and South America. Bill Clinton. His most recent book is The Consumer Bible, published in 1995 by Workman Publishing, and completely revised Dieter Grimm Mark Green and rereleased in November 1998. Dieter Grimm is a Fellow at the Insti- Green was elected New York City’s first tute of Advanced Study in Berlin. Prior to Public Advocate in 1993 and served two this appointment, he served as a Judge of Mark Green, New York City’s first Public terms. As Public Advocate, he investigated the Federal Constitutional Court of Ger- Advocate, will spend 2002 as a Distinguished issues of police conduct and championed many. After receiving his law degree from Visitor at New York University’s School of Law campaign finance reform. From 1990 to 1993, the University of Frankfurt in 1962, Grimm and its Wagner Graduate School of Public Green served as New York City’s Com- continued his legal studies at the University Service. Green’s duties include participating in missioner of Consumer Affairs. His initiatives of Paris and Harvard Law School, where he faculty colloquia, counseling students, and included attacking the tobacco industry’s obtained an LL.M. in 1965. For many years hosting student discussions on government and campaign to involve young smokers and pub- prior to his judicial appointment, Grimm public service issues. He will also participate in lishing Poor Pay More…For Less, a series of was Professor of Public Law at the Uni- student discussions at the Wagner School. investigative reports on how minority con- versity of Bielefeld, Germany, and director “The Law School, which long has sought to sumers pay more for groceries, auto insur- of the University’s Center for Interdisci- foster the impulse of its graduates to use the ance, and home improvement contracts. From plinary Research. He has published exten- law in the public’s interest, is committed to a 1970 to 1980, Green served as a public inter- sively in German and English, and has been dialogue among its students, faculty, and other est lawyer with Ralph Nader in Washington, a Visiting Professor at Yale Law School and members of the community about the uses of D.C., ultimately running the Public Citizen’s a Distinguished Global Fellow at NYU Law. the law,” said John Sexton, Dean of NYU Law Congress Watch. Following his stint with and NYU President-Designate. “Mark’s arrival Nader, he founded and ran the Democracy undoubtedly will add to the discussions, and I Project, a public policy institute in New York, Moshe Halbertal join our faculty, students, and administrators in from 1980 to 1990. welcoming him.” Green has also been a popular television Moshe Halbertal is Professor of Jewish “I’m honored that John Sexton has invited commentator, with a reputation as a skillful lib- Thought & Philosophy at the Hebrew me to join this year one of the best law schools eral debater, who has appeared several hun- University, Israel. An ordained rabbi, he in the country and to be able to return to lec- dred times on CNN’s Crossfire, PBS’s Firing teaches Talmud at the Hartmann Institute turing, writing, and commenting on legal Line, and many other programs. of Advanced Jewish Studies in Jerusalem. affairs,” Green said. “Thirty years ago, I began A focal point of Halbertal’s scholarship is the heremeneutics of Jewish law. Professor Halbertal was a recipient of the Bruna FACULTY FOCUS 41

Martti Koskenniemi Pasquale Pasquino

Martti Koskenniemi, recently named as Pasquale Pasquino, who received his a member of the International Law Com- basic legal training in Italy, holds several mission, has been Counsellor for Legal academic positions in France. He is a Affairs at the Ministry for Foreign Affairs of Senior Research Associate at the CREA- Finland since 1989. In addition, he has rep- Ecole Polytechnique in Paris, Maitre de resented Finland in the General Assembly Conferences in Comparative Political and and on the Security Council of the United Constitutional Theory at the Universite Nations. He also has been an active litiga- de Paris I, and Charge de cours in Political tor on the International Court of Justice, Theory at the Ecoledes Hautes Etudes en serving as co-agent of Finland in the case Science Sociales. He has co-authored lead- concerning passage through the Great Belt. ing books and articles on Hans Kelsen Despite a busy career in international and Carl Schmitt. He is a leading scholar diplomacy, Koskenniemi has found time to of Italian, French, and German constitu- write extensively and with remarkable the- tional issues. Since 1995, he has held a oretical content. He has published three visiting appointment in NYU’s depart- books and more than 50 articles and book ment of politics. reviews. He holds a Doctor of Laws degree from the University of Turku, where he also earned his LL.B. and LL.M. He also Carlos Rosenkrantz received a Diploma in Law from Oxford. (l-r, from top row): Mohammed Arkoun, John Baker, Carlos Rosenkrantz is professor at the Eva Cantarella, Radhika Coomaraswamy, Victor Ferreres University of Buenos Aires Law School in Comella, Dieter Grimm, Janos Kis, Martti Koskenniemi, Joseph Oloka-Onyango Argentina and a visiting professor at Uni- Joseph Oloka-Onyango, Pasquale Pasquino, Carlos versidad Pompeu Fabra in Barcelona, Spain. Rosenkrantz, Richard Vann Joseph Oloka-Onyango is dean of the Rosenkrantz is also affiliated with the law school at Makerere University in Centro de Estudios Institucionales, a legal Kampala, Uganda. He is a member of the and political policy institute. For more than United Nations Sub-Commission on Pre- 10 years, Rosenkrantz has been integrally Award in Israel, and his books have been vention of Discrimination and Protection of involved in the Argentinean constitutional published to critical acclaim both in Israel Minorities, and he has drafted numerous reform process and the reform of private and the United States. Halbertal has resolutions for the United Nations Com- law and private procedure. In the 1980s, he served as Gruss Professor at Harvard and mission for Human Rights. He has pub- served on the commission headed by the Pennsylvania law schools. lished several books, book chapters, articles, late Carlos Nino, the chief architect of con- and reviews in African, European, and U.S. stitutional reform in Argentina. In 1994 journals. He holds a doctorate from Harvard Rosenkrantz served as Chief Advisor to for- Janos Kis Law School and has been a visiting professor mer President Alfonsin at the Argentine Janos Kis is a distinguished political and there and at other law schools in the U.S. Constitutional Convention. social theorist who, after many years as a and Africa. He has done work for the dissident under Hungary’s Communist Lawyers Committee for Human Rights in Richard Vann regime, emerged as an important political New York, and has advised other human rights organizations and United Nations figure in the transition to democracy. He Richard Vann is the leading legal tax agencies. He has also served as a member of began as a student and intellectual collabo- scholar in Australia. He holds degrees from the editorial boards of journals devoted to rator of the eminent Marxist Georg Lukacs, the University of Queensland and Oxford human rights and related issues. but at a fairly early stage of his career was University. For the past 10 years, Vann has barred from academic employment on been Professor of Law at the University of political grounds. During this time Pro- Sydney. Vann has taken leaves to work for fessor Kis occupied himself with dissident international organizations, including the politics and publications in Samizdat, as well International Monetary Fund and the Or- as private scholarship. For example, he pro- ganization for Economic Cooperation and duced a Hungarian translation of Kant’s Development, and to help set up taxation Critique of Pure Reason. systems in developing countries and econo- mies in transition. ■ 42 AUTUMN 2002 Daniel Collins (’54): 1930-2002 Anthony Amsterdam His demeanor was just, he was even-tempered, and he brought the Receives University wisdom of Solomon to the negotiating table. When Dan Collins spoke, Professorship everyone listened, for even those polarized by disagreement acknowl- edged that his was the voice of fairness and equanimity.

counsel to the city’s Board of Education and filled the same role under Mayor John Lindsay. In 1968, he began arbitrating labor management disputes. Thus began a career weighted with responsibility, in which his decisions affected countless lives. Collins Professor Anthony Amsterdam, Judge was more than up to the task, and his repu- Edward Weinfeld Professor of Law and tation for being evenhanded garnered him Director of the Lawyering Program through one of only three positions as an impartial 1999, recently accepted a University Pro- member of the New York City Office of fessorship at NYU. The highest honor be- Collective Bargaining, which is responsible stowed upon a faculty member, a University for resolving statutory disputes between the Professorship recognizes both outstanding city and its workers. He served in this capac- scholarship and teaching. ity from 1980 until his death. Amsterdam’s work in areas of social His career as a labor arbitrator was far- value and interest—free speech and press, ranging; he heard an eclectic compendium privacy, the rights of accused persons, and Professor Daniel Collins of cases over the course of his career, cases equality of opportunity for racial minorities involving the police, transit, and postal and poor people—together with his breadth workers, as well as Broadway, breweries, of publication have made him a great asset When he passed away at his home on and the NBA. Some of his more famous to the Law School. He has built a career Sunday, June 16, at the age of 72, Collins had cases included his ruling that the Shubert arguing issues of great public interest and just finished playing a key role in smoothing Organization had not discriminated against serving civil rights, legal aid, and public the way for the New York City contract with Vanessa Redgrave for her political beliefs; defender organizations. Amsterdam appear- its teachers. This last triumph came as he that basketball player Patrick Ewing could ed in the Supreme Court of the United States knew he was dying of cancer. Clearing the not become a free agent; that a contract in various cases; in Furman v. Georgia in way for a compromise after a 19-month clause allowed Tommy Tune to escape a 1972, he persuaded the Court that the death impasse pleased him greatly, for Collins was a Broadway role; and that Lea Salonga could penalty as it was then practiced throughout legendary labor arbitrator, and helping appear in the Broadway musical Miss Saigon the United States was unconstitutional. embattled parties move forward is what he over the protest of Actors Equity. Amsterdam’s innovations include NYU did best. He possessed a finely honed skill for Collins is survived by his wife, Anne Law’s Lawyering Program, which he designed. cutting to the heart of issues, and he was Weld Collins; his sister, Muriel Collins of The program is now a fixture of the first-year trusted by both labor and management sides Barnegat, New Jersey; and four children course curriculum. His academic interest in throughout his long and illustrious career. from his first marriage to Madeline Lee, legal pedagogy and the increasingly popular Dean-Designate Richard Revesz said, Caitlin Ahl of Cave Junction, Oregon, experiential education have led him to not only “We extend our heartfelt sympathy to Deirdre of Seattle, Charles of Santa Bar- to chair committees for the ABA Task Force on Dan’s family on behalf of the generations of bara, and Geoffrey of Brooklyn. He is also Law Schools and the Profession, but also to be law students he taught with his unique survived by five grandchildren. honored with NYU’s Great Teacher Award in combination of superior pedagogy and gen- There will be a tribute to Professor 1989. Amsterdam recently received the Kutak tle humor. He will be greatly missed.” Collins on Wednesday, October 16, at 4:00 Award from the ABA’s Section of Legal Collins graduated from NYU Law, PM at New York University School of Law, Education and Admissions to the Bar, an where he was editor of the Law Review, in Vanderbilt Hall, 40 Washington Square award made annually to a judge, law profes- 1954. He practiced law for several years South. If you plan to attend, please RSVP to sor, or lawyer who has made the most signifi- with Cravath, Swaine & Moore in New York (212) 998-6666 by Wednesday, October 9. cant contribution to bringing together the legal before joining the Law School’s faculty in Financial contributions can also be made to academic community and the practicing bar. 1961. In 1963, he became special labor the Daniel G. Collins Memorial Fund.■ FACULTY FOCUS 43

become a normal risk to be managed? Has Have You Read? responsibility for crime control been shifted from the state to civil society? And if so, what implications does this have for crimi- nal justice and political theory? Edited by Andrew von Hirsch, David Garland, and Alison Wakeland, this book grew out of a series of conferences in Cambridge organized by the editors.

Expanding the Boundaries of Intellectual Property: Innovation Policy for the Knowledge Society Rochelle Dreyfuss, Diane L. Zimmerman, and Harry First

As knowledge and information are exchanged with the increasing rapidity made possible by our technological ad- vances, issues in intellectual property be- come more and more complex. Professors Peoples’ Rights entity in question, will become ever less Rochelle Dreyfuss, Diane L. Zimmerman, Philip Alston relevant in practice. But he concludes that and Harry First focus on the pressing this gloomy prognosis will be highly detri- question of how much control innovators One of the most controversial issues in mental if it marks the end of efforts to should have over their work. Does giving the human rights field in the second half develop a sophisticated understanding of creators broad and powerful rights allow of the 20th century was the relationship human rights, which is capable, in the for the increased exchange of information between the rights of individuals and those appropriate circumstances, of transcending and allow for more innovation to follow? of groups or peoples. Woodrow Wilson’s the insistence that there can be no place Or does giving creators this sort of control proposals at Versailles in 1919 for a right to whatsoever for collective or group rights get in the way of development and stilt self-determination ignited a debate that considerations. intellectual exchange? Issues included in still rages. Peoples’ Rights, edited by Philip this book are: Implementing Innovation Alston, looks at the state of the art in terms Policy for the Information Age, The Claims of the right to self-determination and more Ethical and Social Perspectives of the Public Domain, The Growth of recent and potentially far-reaching claims on Situational Crime Prevention Private Ordering Regimes, and Expanding for collective rights, such as the rights to David Garland the Private Domain. The book concludes development, peace, a clean environment, with views of judges experienced in decid- and humanitarian assistance. Alston brings “Situational crime prevention” refers to ing intellectual property cases. together some of the leading scholars in the crime prevention strategies that aim at field, including NYU’s Benedict Kings- reducing criminal opportunities by “hard- bury and James Crawford of Cambridge, to ening” potential targets, improving natural identify future directions for the debate surveillance, controlling access to property, over these rights. In a controversial con- and deflecting offenders from settings in cluding chapter, Alston suggests that gov- which crimes might occur. City streets, sub- ernments and other actors in the human urban neighborhoods, and shopping malls rights area have been systematically mov- are nowadays replete with such devices, ing away from the discourse of peoples’ which have become a regular feature of our rights over the last decade and that this security-conscious society. trend will continue, except in relation to This book addresses the ethical and the rights of indigenous peoples. While the political issues that the development of this right to development and the right of self- approach entails. It asks how these tech- determination will continue to be staple niques impinge upon the liberties of citizens parts of the international discourse of and how we might develop ethical standards rights, their origins as rights attaching to for their use. It also asks what this approach peoples, in the sense of distinctive groups suggests about the place that crime now separate from the state or the territorial occupies in contemporary society. Has crime 44 AUTUMN 2002

The EU, the WTO and the NAFTA: Towards Tr ade.” This volume reflects that conviction EU or WTO lawyers have given the NAFTA a Common Law of International Trade and seeks to show how the various compo- the attention it deserves—Abbott’s article is Joseph Weiler nents of this new system interlock. an excellent introduction. Weiler provides a Besides Weiler’s introduction, the book characteristically stimulating epilogue. The EU, the WTO and the NAFTA: contains six essays. Two (Marie Cremona, Towards a Common Law of International Trade is “EC External Commerical Policy after Am- a thought-provoking collection of essays sterdam: Authority and Interpretation within The Law’s Two Bodies which can be read with profit by both Interconnected Legal Orders,” and Jacques John H. Baker European and international lawyers. As Bourgeois, “The European Court of Justice Weiler writes in his preface, until very and the WTO: Problems and Challenges”), This year’s installment of the Clarendon recently “specialists in European law would concentrate on the EU. Joanne Scott’s contri- Law Lectures, a joint venture between typically profess a great ignorance of the law bution, “On Kith and Kine (and Crusta- Oxford University Press and the Oxford of the GATT (almost as great as that of the ceans): Trade and Environment in the EU Law Faculty, examines historical aspects of classical public international lawyers).” This and WTO,” compares how the EU and the common law—separating it from its usual is now rapidly changing, although not with- WTO have dealt with trade and environ- place as a system of case law. John H. Baker, out some resistance. The law of the WTO is ment issues. Of great interest is Robert a member of the Hauser Global Law no longer seen as a self-contained regime. Howse’s article, “Adjudicative Legitimacy Program faculty, expands upon a theme he Not only is the European Union one of the and Treaty Interpretation in International has touched upon in past lectures, analyzing major participants in the WTO, but parallels Trade Law: The Early Years of WTO this overshadowed part of the law. Common between the EU and the WTO qua legal Jurisprudence.” Fredrick Abbott’s contri- law doesn’t have the same sort of documen- systems are increasingly being drawn. The bution, “The North American Integration tation that our formal courts do, and is thus same applies to the North American Free System and its Implications for the World more likely to be overlooked in legal discus- Trade Agreement. According to Professor Trading System,” compares the EU with the sions as its own section of the law. Baker Weiler, we are witnessing “the emergence of NAFTA and describes the relationship be- delves into the significance of this body of a nascent Common Law of International tween the NAFTA and the WTO. Neither informal law in these lectures. ■

First, Harry. Antirust: Statutes, Treaties, Kingsbury, Benedict. Alberico Gentili e il Faculty Publications Regulations, Guidelines, Policies. New Mondo Extra-europeo: gli Infideli, gli Indiani York: Foundation Press, 2001 (with John J. d’ America, e la sfida della differenza. Flynn and Darren Bush). Milan: Dott. A. Giuffre Editore, 2001. Books Baker, John. The Law’s Two Bodies. Adler, Barry E. Cases, Problems, and Oxford: Oxford University Press, 2001. First, Harry. Expanding the Boundaries of Liu, Joan. Translator. Dworkin, Ronald. Materials on Bankruptcy. Rev. 3rd edition. Intellectual Property: Innovation Policy for Freedom’s Law: the Moral Reading of New York: Foundation Press, 2001 (with Boraine, Alex. A Country Unmasked: the Knowledge Society. New York: Oxford the American Constitution. Shanghai: Douglas G. Baird and Thomas H. Jackson). South Africa’s Truth and Reconciliation University Press, 2001 (with Rochelle C. Shanghai People’s Press, 2001. Commission. Capetown; Oxford: Oxford Dreyfuss and Diane L. Zimmerman). Alston, Philip. The Future of UN Human University Press, 2001. Lowenfeld, Andreas F. Editor. The Hague Rights Treaty Monitoring. New York: Garland, David. The Culture of Control: Convention on Jurisdiction and Judgments. Oxford University Press, 2000 (with Dorsen, Norman. Editor. Democracy and Crime & Social Order in Late Modernity. Huntington, NY: Juris Publishing, 2001 James Crawford). the Rule of Law. Washington, D.C.: CQ Oxford: Oxford University Press; Chicago: (with Linda J. Silberman). Press, 2001 (with Prosser Gifford). University of Chicago Press, 2001. Alston, Philip. International Human Miller, Geoffrey P. Banking Law and Rights in Context: Law, Politics, Morals: Dreyfuss, Rochelle C. Expanding the Garland, David. Editor. Ethical and Social Regulation. 3rd edition. Panel Publishers, Text & Materials. 2nd edition. New York: Boundaries of Intellectual Property: Inno- Perspectives on Situational Crime 2001 (with Jonathan R. Macey and Oxford University Press, 2000 (with Henry vation Policy for the Knowledge Society. Prevention. Oxford: Hart Publications, Richard S. Carnell). J. Steiner). New York: Oxford University Press, 2001 2000 (with A. von Hirsch and A. (with Harry First and Diane L. Zimmerman). Wakefield). Mills, Linda. Editor. Woman Abuse and Alston, Philip. Editor. Peoples’ Rights. Child Protection: A Tumultuous Marriage. New York: Oxford University Press, 2001. Estreicher, Samuel. Editor. Global Garland, David. Editor. Mass Imprison- New York: Elsevier Science, 2000 Competition and the American Employ- ment: Social Causes & Consequences. (special issue of Children and Youth Avi-Yonah, Reuven. Amortization of ment Landscape: As We Enter the 21st Thousand Oaks, CA: Sage Publications, Services Review). Intangibles. Washington, D.C.: Tax Manage- Century. Proceedings of New York Univer- 2001. ment, 2001 (with Kevin R. Cozelmann). sity 52d Annual Conference on Labor. Nelkin, Dorothy. Body Bazaar: The Market Boston: Kluwer Law International, 2001. Gillers, Stephen. Regulation of Lawyers: for Human Tissue in the Technology Age. Baker, C. Edwin. Media, Markets Statutes and Standards. New York: Aspen New York: Crown Publishers, 2001 (with and Democracy. New York: Cambridge Eustice, James S. Federal Income Law & Business, 2001 (with R. Simon). Lori Andrews). University Press, 2001. Taxation of S Corporations. 4th edition. Valhalla, NY: Warren, Gorham & Lamont, RIA, 2001 (with Joel Kuntz). FACULTY FOCUS 45

Nelson, William E. The Legalist Reforma- Weiler, Joseph H. H. Der Fall Steinmann. tion: Law, Politics, and Ideology in New Munich: Piper Verlag, 2000. York, 1920-1980. Chapel Hill: University of North Carolina Press, 2001. Weiler, Joseph H. H. L’Italia in Europa: H. David Rosenbloom Named profili istituzionali e costituzionali. Director of the International Tax Program Pildes, Richard H. The Law of Democracy: Bologna: Il Mulino, 2000 (with Marta Legal Structure of the Political Process. Cartabia). 2nd edition. New York: Foundation Press, H. David Rosenbloom has been appointed the Director of NYU Law’s 2001 (with Samuel Issacharoff and Zimmerman, Diane L. Expanding the International Tax Program. Rosenbloom is the Chairman of Caplin & Pamela Karlan). Boundaries of Intellectual Property: Drysdale, Ltd., a Washington, D.C., firm with which he has practiced law Innovation Policy for the Knowledge since 1968 and where he will continue as a full-time member. He was Pildes, Richard H. When Elections Go Society. New York: Oxford University International Tax Counsel at the U.S. Treasury from 1978-1981. In addi- Bad: The Law of Democracy and the 2000 Press, 2001 (with Rochelle C. Dreyfuss Presidential Election. 2nd edition. New and Harry First). tion to his practice, Rosenbloom has consulted with the OECD, the World York: Foundation Press, 2001 (with Samuel Bank, the U.S. Agency for International Development, and the Treasury on Issacharoff and Pamela Karlan). Chapters, Supplements, tax matters relating to Eastern Europe and the nations of the former Soviet Union, South Africa, Indonesia, Malawi, Senegal, and other countries. Popa, Radu. La Revolutia Romana. Working Papers Bucharest: Univers Publishing House, 2000. Alston, Philip. Peoples’ Rights: The State Rosenbloom has taught Foreign Tax I at the Law School for the past of the Art at the Beginning of the 21st three years and, before that, taught either International or Comparative Revesz, Richard. Environmental Law Century. Philip Alston, editor. New York: Tax Law at Harvard, Stanford, Columbia, and the University of Oxford University Press, 2001. and Policy: Statutory and Regulatory Pennsylvania Law Schools, as well as at the Public Finance Training Supplement. New York: Foundation Press, Institute in Taipei, the Instituto Tecnologico Autonomo de Mexico, the 2001. Baker, C. Edwin. “Implications of Rival Visions of Election Campaigns,” Faculty of Law at the University of Sydney, and the Universita Luigi Roznovschi, Mirela. Toward a in W. Lance Bennett and Robert M. Bocconi in Milan. Cyberlegal Culture. Andsley, NY: Entman, editors. Mediated Politics: Transnational Publishers, 2001. Communication in the Future of Democracy. Cambridge: Cambridge Dorsen, Norman. “Introduction,” in Franck, Thomas M. “The Aland Islands Schenk, Deborah. Federal Income University Press, 2001. Norman Dorsen and Prosser Gifford, and the Project of Political Autonomy within Taxation: Principles and Policies. editors. Democracy and the Rule “A More Perfect Union,’” in Autonomy—An 4th edition. New York: Foundation Press, Baker, John. “Judicial Conservation in of Law. Washington, D.C.: CQ Press, 2001. Alternative to Secession? New York: Finland. 2001 (with Michael J. Graetz). the Tudor Common Pleas,” in Katherine Ministry of Foreign Affairs, 2001. O’Donovan and Gerry R. Rubin, editors. Dreyfuss, Rochelle C. Intellectual Schill, Michael. Community Development Human Rights and Legal History. New Property: Cases and Materials. 2001 Franck, Thomas M. “Democracy, Corporations and Welfare Reform: York: Oxford University Press, 2000. Supplement. New York: Foundation Press. Legitimacy, and the Rule of Law: Linkages,” Linkages, Roles, and Impacts. Albany: in Norman Dorsen and Prosser Gifford, Nelson A. Rockefeller Institute of Baker, John. “‘United and Knit to the Eustice, James S. Federal Income editors. Democracy and the Rule of Law. Government, State University of New York: Imperial Crown’: an English View of the Taxation of Corporations and Shareholders. Washington: CQ Press, 2001. New York University School of Law, Center Anglo-Hiberian Constitution of 1670,” in 2000, 2001 Supplements. Boston: Warren for Real Estate and Urban Policy, 2001 Desmond Greer and Norma Dawson, edi- Gorham & Lamont. Franck, Thomas M. “Is Collective Security (with David J. Wright and Ingrid Gould Ellen). tors. Mysteries and Solutions in Irish Legal through the U.N. Still Feasible?” in The History. Dublin: Four Courts Press, 2001. First, Harry. Business Crime: Cases and Finnish Yearbook of International Law, Schulhofer, Stephen J. Criminal Law and Materials. 2001 Supplement. Mineola: Vol. IX (1998). The Hague: Kluwer Law Its Processes: Cases and Materials. 7th Bell, Derrick A. “Bell, J. Dissenting,” Foundation Press. International, 2000. edition. New York: Aspen Law & Business, in Jack Belkin, editor. What Brown v. 2001 (with Sanford H. Kadish). Board of Education Should Have Said: Fox, Eleanor M. “Antitrust Law on a Global Franck, Thomas M. “Legitimacy and the The Nation’s Top Legal Experts Rewrite Scale: Races Up, Down, and Sideways,” in Democratic Entitlement,” in Gregory H. Fox Silberman, Linda J. Civil Procedure: America’s Landmark Civil Rights Decision. Daniel C. Esty and Geradin Damien, editors. and Brad R. Roth, editors. Democratic Theory and Practice. Gaithersburg, MD: New York: NYU Press, 2001. Regulatory Competition and Economic Governance and International Law. Aspen Law & Business, 2001 (with Allan Integration: Comparative Perspectives. Cambridge: Cambridge University Press, R. Stein). Berat, Lynn. “South African Contract Law: New York: Oxford University Press, 2001. 2000. The Need for a Concept of Unconscieon- Silberman, Linda J. Editor. The Hague ability,” in Legal Philosophy: Multiple Fox, Eleanor M. “Modernisation: Efficiency, Garland, David. “Die Widerspruche Convention on Jurisdiction and Judgments. Perspective. Mountain View, CA: Mayfield, Dynamic Efficiency, and the Diffusion of de ‘strafenden Gesellschaft’: Der Fall Huntington, NY: Juris Publishing, 2001 2000. Competition Law,” in Claus Dieter Grossbritannien,” in Pierre Bourdieu, (with Andreas F. Lowenfeld). Ehlermann and Isabela Atanasiu, editors. editor. Der Lohn der Angst: Flexibilitat Chang, Howard F. “The Economic Analysis European Competition Law Annual 2000: und Kriminalitat in der “neuen Weiler, Joseph H. H. Dos visiones of Immigration Law,” in Caroline B. Brettell The Modernisation of EC Antitrust Policy. Arbeitsgesellschaft. Constance: UVK norteamericanas de la jurisdiccion de la and James F. Hollifield, editors. Migration Oxford: Hart Publishing, 2001. Universitatsverlag Konstanz, 2001. Union Europea. Santiago de Compostela: Theory: Talking Across Disciplines. New Universidade de Santiago de Compostela, York: Routledge (2000). Franck, Thomas M. “An Agenda for Gillers, Stephen. “Should Supreme 2000 (with Richard T. Stith). Peace with Justice: Is Balance Possible?” Court Justices Have Life Tenure?” in Chase, Oscar. CPLR Manual. Rev. Ed. in Imagining Tomorrow: Rethinking the J. Choper, editor. The Supreme Court Weiler, Joseph H. H. Editor. The EU, the 2000 Supplement. New York: Matthew Global Challenge. New York: United and Its Justices. Chicago: American Bar WTO and the NAFTA: Towards a Common Bender. Nations, 2000. Association, 2001. Law of International Trade? Oxford; New York: Oxford University Press, 2000. 46 AUTUMN 2002

Guggenheim, Martin. “Child Welfare Lacey, Nicola. “Partial Defenses to Pildes, Richard H. “Democracy and Upham, Frank. “Litigation and Moral Policy and Practice in the United States Homicide,” in Andrew Ashworth and Disorder,” in Cass R. Sunstein and Richard Consciousness in Japan: An Interpretive from 1950-2000,” in Sanford Katz, John Barry Mitchell, editors. Rethinking A. Esptein, editors. The Vote: Bush, Gore & Analysis of Four Japanese Pollution Suits,” Eekelaar, and Mavis MacLean, editors. English Homicide Law. Oxford: the Supreme Court. Chicago: University of in Curtis J. Milhaupt, J. Mark Ramseyer, Cross Currents: Family Law in England Oxford University Press, 2000. Chicago Press, 2001. Michael K. Young, editors. Japanese and the United States Since World War II. Law in Context: Readings in Society, New York: Oxford University Press, 2000. Lacey, Nicola. “Philosophical Revesz, Richard. “Federalism and Reg- the Economy, and Politics. 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Geburtstag. Heidelberg: C. F. Muller and Liberty,” in Norman Dorsen and Prosser national Trade Law,” in Joseph H. H. Kingsbury, Benedict. “Reconciling Five Verlag, 2000. Gifford, editors. Democracy and the Rule of Weiler, editor. The EU, the WTO, and Competing Conceptual Structures of Law. Washington, D.C.: CQ Press, 2001. the NAFTA: Towards a Common Law Indigenous Peoples’ Claims in International Meron, Theodor. “Race, Liberty, Equality: of International Trade? Oxford and New and Comparative Law,” in Philip Alston, an International Lawyer’s Perspective on Stewart, Richard B. “Global Governance York: Oxford University Press, 2000. editor. Peoples’ Rights: The State of the Shakespeare’s Tempest,” in L. Boisson de for Sustainable Development,” in Art at the Beginning of the 21st Century. Chazournes and V. Gowlland-Debbas, edi- Progressive Governance for the XXI Weiler, Joseph H. H. “The European Oxford: Oxford University Press, 2001. tors. The International Legal System in Century. 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Weiler, Joseph H. H. “Towards a Common Benkler, Yochai. “Siren Songs and Amish Davis, Peggy C. “Introducing Robert Law of International Trade Law,” in Joseph Children: Autonomy, Information and the Smalls (19th Century African-American H. H. Weiler, editor. The EU, the WTO, and Law.” 76 NYU Law Review 23 (2001) politician) (The Constitution and the Good the NAFTA: Towards a Common Law of Society).” 69 Fordham Law Review 1695 International Trade? Oxford; New York: Benkler, Yochai. “An Unhurried View (2001) Oxford University Press, 2000. of Private Ordering in Information Transactions. (Taking Stock: The Law and Davis, Peggy C. “A Woman Decides: Weiler, Joseph H. H. “Why Should Europe Economics of Intellectual Property Rights)” Justice O’Connor and Due Process Be a Democracy: The Corruption of Political 53 Vanderbilt Law Review 2063 (2000) Rights of Choice.” 32 McGeorge Law Culture and the Principle of Toleration,” in Review 895 (2001) (with Carol Gilligan) Francis Snyder, editor. The Europeanisation Benoit, Jean-Pierre. “The Gibbard- of Law: The Legal Effects of European Satterthwaite Theorem: A Simple Proof.” Dorsen, Norman. “Flag Desecration Integration. Oxford: Hart Publishing, 2000. 69 Economic Letters 319 (2000) in Courts, Congress, and Country.” 17 Thomas M. Cooley Law Review 417 (2000) Articles Benoit, Jean-Pierre. “Multiple-Object Adler, Amy. “Inverting the First Amendment Auctions with Budget Constrained Dorsen, Norman. “John T. Noonan, Jr.: Estreicher, Samuel. “Strategy for Labor.” (Child Pornography Law).” 149 University Bidders.” 68 Review of Economic Renaissance Man in the Catholic 22 Journal of Labor Research 569 (2001) of Pennsylvania Law Review 921 (2001) Studies 155 (2001) (with V. Krishna) Tradition.” 76 Notre Dame Law Review 843 (2001) Feldman, Eric A. “Blood Justice: Courts, Adler, Amy. “The Perverse Law of Child Boraine, Alex. “What Is Access to Conflict, and Compensation in Japan, Pornography.” 101 Columbia Law Review Justice? 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Eskridge) Law Review 205 (2000) Republic.” 64 Modern Law Review 11 (2001) Dreyfuss, Rochelle C. “Developments Ferejohn, John. “Pettit’s Republic.” Adler, Barry E. “The Emergence of in Business Method Patenting.” 2001 84 The Monist 77 (2001) Markets in Chapter 11: A Small Step on Braithwaite, John. “The Globalisation Computer und Recht 1 (2001) North LaSalle Street.” 8 Supreme Court of Regulation.” 9 Journal of Political First, Harry. “Antitrust in Japan: Economic Review 1 (2000) Philosophy 103 (2001) (with Peter Dreyfuss, Rochelle C. “Games Economists Drahos) Play. (Taking Stock: The Law and Economics The Original Intent.” 9 Pacific Rim Law & Policy Journal 1 (2000) Adler, Barry E. “Lawyers, Guns, and of Intellectual Property Rights).” 53 Money.” 10 Cornell Journal of Law and Briffault, Richard. “The Freedom of Vanderbilt Law Review 1821 (2000) First, Harry. “The Vitamins Case: Public Policy 155 (2000) (with Jules Expressive Association—Collective Cartel Prosecutions and the Coming Coleman and Arthur Ripstein) Political Speech: The First Amendment Dworkin, Ronald. “Do Values Conflict? and Campaign Finance Reform Twenty- A Hedgehog’s Approach.” 43 Arizona of International Competition Law.” 68 Antitrust Law Journal 711 (2001) Allen, William T. “Function over Form: Five Years After Buckley v. Valeo—Nixon Law Review 251 (2001) A Reassessment of Standards of Review v. Shrink Missouri Government PAC: The Fox, Eleanor M. “Antitrust and Regulatory in Delaware Corporation Law.” 56 The Beginning of the End of the Buckley Era?” Ellen, Ingrid Gould. “No Easy Answers.” Federalism: Races Up, Down, and Business Lawyer 1287 (2001) 85 Minnesota Law Review 1729 (2001) 18:3 Brookings Review 44 (2000) (with Amy Ellen Schwartz) Sideways.” 75 NYU Law Review 1781 (2000) Avi-Yonah, Reuven. “Globalization, Tax Chang, Howard F. “A Liberal Theory of Competition, and the Fiscal Crisis of the Social Welfare: Fairness, Utility, and the Ellen, Ingrid Gould. “Race-based Fox, Eleanor M. “Dopo Chicago, Dopo Welfare State.” 113 Harvard Law Review Pareto Principle.” 110 Yale Law Journal Neighbourhood Projection: A Proposed Seattle e il dilemma della globalizzazione.” 573 (2000) 173 (2000) Framework for Understanding New Data on Racial Integration.” 37 Urban Studies 2001 Mercato Concorrenza Regole 55 (2001) Baker, C. Edwin. “An Economic Critique of Chang, Howard F. “The Possibility of a 1513 (2000) Free Trade in Media Products.” 78 North Fair Paretian.” 110 Yale Law Journal 251 Fox, Eleanor M. “The Elusive Promise Carolina Law Review 1357 (2000) (2000) Erichson, Howard M. “Informal Aggregation: Procedural and Ethical of Modernisation: Europe and the World.” 28:2 Legal Issues of Economic Integration Baker, C. Edwin. “Injustice and the Chang, Howard F. “Toward a Greener Implications of Coordination Among 141 (2001) Normative Nature of Meaning.” 60 GATT: Environmental Trade Measures and Counsel in Related Lawsuits.” 50 University of Maryland Law Review 578 the Shrimp-Turtle Case.” 74 Southern Duke Law Journal 381 (2000) Franck, Thomas M. “Are Human Rights (2001) California Law Review 31 (2000) Erichson, Howard M. “Coattail Class Universal?” 80 Foreign Affairs 191-204 (2001) Been, Vicki L. “Comment on Beatley Cunningham, Noel B. “Commentary Actions: Reflections on Microsoft, Tobacco, and Collins’ Smart Growth and Beyond: Observations on Retrospective Taxation.” and the Mixing of Public and Private Franck, Thomas M. “Global Human Transitioning to a Sustainable Society.” 53 Tax Law Review 489 (2000) Lawyering in Mass Litigation.” 34 U.C. Rights and Peculiar Local Customs.” 19 Virginia Environmental Law Journal Davis Law Review 1 (2000) 2001 The Juridical Review 115 (2001) 323 (2000) Daines, Robert M. “Do IPO Charters Maximize Firm Value? Antitakeover Estreicher, Samuel. “Saturns for Franck, Thomas M. “When, If Ever, Benkler, Yochai. “The Battle over the Protection IPOs.” 17 Journal of Law, Rickshaws: the Stakes in the Debate May States Deploy Military Force Without Institutional Ecosystem in the Digital Economics & Organizations 83 (2001) over Predispute Employment Arbitration Prior Security Council Authorisation?” Environment.” 44:2 Association for (with Michael Klausner) Agreements. (Gilmer v. Interstate/Johnson 4 Singapore Journal of International Computing Machinery. Communications Lane Corporation: Ten Years After).” 16 and Comparative Law 362 (2000) of the ACM 84 (2001) Ohio State Journal on Dispute Resolution 599 (2001) 48 AUTUMN 2002

Kallberg, Jarl. “The Value Added from Mills, Linda. “Feminist Phallacies: Investment Managers: An Examination of Prenatal Drug Exposure and the Power Funds of REITs.” 35 Journal of Financial of Law.” 25 Law and Social Inquiry 1215 and Quantitative Analysis 387 (2000) (2000) (with Crocker Liu and Charles Trzcinka) Murphy, Liam. “Beneficence, Law, and Kamm, Frances. “Conflicts of Rights.” Liberty: The Case of Required Rescue.” 7 Legal Theory 239 (2001) 89 Georgetown Law Journal 605 (2001)

Kamm, Frances. “Does Distance Matter Nelkin, Dorothy. “Beyond Risk: Reporting Morally to the Duty to Rescue?”19 Law about Genetics in the Post-Asilomar Press.” and Philosophy 655 (2000) 44 Perspectives in Biology and Medicine 199 (2001) Kamm, Frances. “Ethics and Cloning.” 4 NYU Journal of Legislation and Nelkin, Dorothy. “Creation vs Evolution Public Policy 65 (2000) at the Millennium.” 9 Science as Culture 559 (2000) Friedman, Barry. “The Counter-Majoritarian Gilligan, Carol. “A Woman Decides: Kamm, Frances. “Justifications for Killing Problem and the Pathology of Constitutional Justice O’Connor and Due Process Rights Noncombatants in War.” 24 Midwest Neuborne, Burt. “Reclaiming Democracy.” Scholarship.” 95 Northwestern University of Choice.” 32 McGeorge Law Review 895 Studies in Philosophy 219 (2000) 12:5 The American Prospect 18 (2001) Law Review 933 (2001) (2001) (with Peggy C. Davis) Lacey, Nicola. “Beset by Boundaries: Neuborne, Burt. “Why Should We Care Golove, David M. “Comment on Exception Friedman, Barry. “Shared Constitutional the Home Office Review of Sex Offences.” about Independent and Accountable and Emergency Powers.” 21 Cardozo Law Interpretation.” 2000 Supreme Court 2001 Criminal Law Review 3 (2001) Judges?” 84:2 Judicature 58 (2000) Review 61-107 (2000) (with Michael Review 1895 (2000) C. Dorf) Lacey, Nicola. “In Search of the Pildes, Richard H. “Democracy and Golove, David M. “Treaty-Making and the Responsible Subject of Criminal Law: Disorder.” 68 The University of Chicago Nation: The Historical Foundations of the Geistfeld, Mark. “Reconciling Cost-Benefit History, Philosophy and Social Sciences Law Review 695 (2001) Nationalist Conception of the Treaty Power.” Analysis with the Principle that Safety in Criminal Law Theory.” 64 Modern 98 Michigan Law Review 1075 (2000) Matters More than Money.” 76 NYU Law Law Review 350 (2001) Pildes, Richard H. “Democracy, Review 114 (2001) Anti-Democracy, and the Canon.” 17 Hansmann, Henry. “The End of History Law, Sylvia A. “Families and Federalism.” Constitutional Commentary 295 (2000) for Corporate Law.” 89 Georgetown Law Geistfeld, Mark. “Scientific Uncertainty 4 Washington University Journal of Law Journal 439 (2001) (with Reinier Kraakman) and Causation in Tort Law.” 54 Vanderbilt and Policy 175 (2000) Pildes, Richard H. “Diffusion of Political Law Review 1011 (2001) Power and the Voting Rights Act.” Hansmann, Henry. “The Essential Role of Liu, Joan. “Beyond the Border: Chinese 24 Harvard Journal of Law and Public Organizational Law.” 110 Yale Law Journal Gillers, Stephen. “Professionalism Legal Information in Cyberspace.” 29 Policy 119 (2000) 387 (2000) (with Reinier Kraakman) Symposium: Closing Remarks.” 52 International Journal of Legal Information South Carolina Law Review 550 (2001) 120 (2001) Revesz, Richard. “Congressional Influence Hansmann, Henry. “Royalties for on Judicial Behavior? An Empirical Exam- Artists versus Royalties for Authors Gillette, Clayton P. “Funding Versus McDaniel, Paul R. “Trade and Taxation.” ination of Challenges to Agency Action in and Composers.” 25 Journal of Cultural Control in Intergovernmental Relations.” 26 Brooklyn Journal of International Law the D.C. Circuit.” 76 NYU Law Review 1100 Economics 259 (2001) (with Marina 12 Constitutional Political Economy 1621 (2001) (2001) 123 (2001) Santilli) Miller, Geoffrey P. “Law, Self-Pollution, Richards, David A. J. “Is My Body My Hershkoff, Helen. “State Courts and the Gillette, Clayton P. “Interest Groups in the and the Management of Social Anxiety.” Property.” 68 Social Research 83 (2001) ‘Passive Virtues’: Rethinking the judicial 21st Century City.” 32 The Urban Lawyer 7 Michigan Journal of Gender and Law function.” 114 Harvard Law Review 1833 423 (2000) 221 (2001) Richards, David A. J. “Public and Private (2001) in the Discourse of the First Amendment.” Gillette, Clayton P. “Interpretation and Miller, Geoffrey P. “Regulatory Failure and 12 Cardozo Studies in Law and Literature Jacobs, James B. “Extending Brady To Standardization in Electronic Sales the Collapse of Japan’s Home Mortgage 61 (2000) Gun Shows and the Secondary Market, Contracts.” 53 SMU Law Review 1431 Lending Industry: A Legal and Economic 37 Criminal Law Bulletin 248 (2001) (2000) Analysis.” 22 Law & Policy 245 (2000) Sager, Lawrence G. “The Free Exercise (with Daniel M. Heumann) (with Curtis J. Milhaupt) of Culture: Some Doubts and Distinctions” Gillette, Clayton P. “Letters of Credit as Jacobs, James B. “The Liberation of 129:4 Daedalus 193 (2000) Signals: Comments on Ronald Mann’s Miller, Geoffrey P. “Handicapped ‘The Role of Letters of Credit in Payment IBT Local 560. (International Brotherhood of Teamsters, organized crime case).” Parking.” 29 Hofstra Law Review 81 Sager, Lawrence G. “Thin Constitutions Transactions.’” 98 Michigan Law Review (2000) (with Lori Singer) and the Good Society.” 69 Fordham Law 2537 (2000) 37 Criminal Law Bulletin 125 (2001) (with David Santore) Review 1989 (2001) Mills, Linda. “Child Protection and Gillette, Clayton P. “Regionalization Kahan, Marcel. “The Limited Significance Domestic Violence: Training, Practice Sands, Philippe. “‘Unilateralism’, Values, and Interlocal Bargains.” 76 NYU Law and Policy Issues.” 25 Children and and International Law.” 11 European Review 190 (2001) of Norms for Corporate Governance.” 149 University of Pennsylvania Law Review Youth Services Review 315 (2000) Journal of International Law 291 (2000) 1869-1900 (2001) (with C. Friend, K. Conroy, A. Fleck- Gillette, Clayton P. “Richardson v. Henderson, S. Krug, R. Magen and Schechter, Roger. “The Unfairness of McKnight and the Scope of Immunity Kahan, Marcel. “Price Discrimination R. Thomas) Click-On Software Licenses.” 46 Wayne after Privatization.” 8 The Supreme Law Review 1735 (2000) Court Economic Review 103 (2000) in the Market for Corporate Law.” 86 Cornell Law Review 1205 (2001) (with Ehud Kamar) FACULTY FOCUS 49

Schenk, Deborah H. “Old Wine in New Weiler, Joseph H. H. “Completing the Dorsen, Norman. “Seventy-Fifth Anni- Estreicher, Samuel. “Paying the Costs Bottles: Simplification of Family Status French Revolution: Democracy and versary Retrospective: Most Influential of Arbitration. (Pre-dispute Employment Tax Issues.” 91 Tax Notes 1437 (2001) Legitimacy in the Future of the European Articles. Frederick J. De Sloovere, Textual Arbitration Agreements)” New Jersey Union. 51 Hokkaido Law Review 345 Interpretation of Statutes 11 N.Y.U. L. Q. Law Journal, July 16, 2001 at p29. (with Schill, Michael. “Changing Water and (2000) Rev. 538 (1934)” 75 NYU Law Review Kenneth Turnbull and Adam P. Sweeney) Sewer Finance: Distributional Impacts 1519 (2000) and Effects on the Viability of Affordable Weiler, Joseph H. H. “The Rule of Estreicher, Samuel. “Pre-dispute Housing.” 67 Journal of the American Lawyers and the Ethos of Diplomats: Dworkin, Ronald M. “A Badly Flawed Employment Arbitration Agreements: Planning Association 420 (2001) (with Reflections on the Internal and External Election.” New York Review of Books, Who Pays? (Pennsylvania)” New York Dick Netzer and Scott Susin) Legitimacy of WTO Dispute Settlement.” January 11, 2001 at p53. Law Journal, May 30, 2001 at p3. 35 Journal of World Trade 2 (2001) (with Kenneth J. Turnbull) Schill, Michael. “Principles to Guide Dworkin, Ronald M. “The Phantom Poll Housing Policy at the Beginning of the Wishnie, Michael J. “Laboratories of Booth (The Extraordinary 2000 Presidential Estreicher, Samuel. “Revised Uniform New Millennium.” 5 Cityscape: A Journal Bigotry? Devolution of the Immigration Election).” New York Review of Books, Arbitration Act Approved.” New York Law of Policy Development and Research 5 Power, Equal Protection, and Federalism.” December 21, 2000 at p96. Journal, November 2, 2000 at p3. (with (2001) (with Susan M. Wachter) 76 NYU Law Review 493 (2001) Kenneth Turnbull) Ellis, Deborah. “Some Taxing Questions Schulhofer, Stephen J. “Miranda, Woolley, Patrick. “The Availability for Employment Lawyers.” 159 New Estreicher, Samuel. “Seventy-Fifth Dickerson, and the Puzzling Persistence of Collateral Attack for Inadequate Jersey Law Journal 797 (2000) (with Anniversary Retrospective: Most of Fifth Amendment Exceptionalism.” 99 Representation in Class Suits.” Andrew Dwyer) Influential Articles. Clyde W. Summers, Michigan Law Review 941 (2001) 79 Texas Law Review 384 (2000) Individual Rights in Collective Agreements Estreicher, Samuel. “Arbitration and Arbitration, 37 N.Y.U. L. Rev. 362 Shaviro, Daniel. “Does More Sophisticated Zimmerman, Diane L. “Adrift in the Provisions in Employment Contracts.” (1962)” 75 NYU Law Review 1530 (2000) Mean Better? A Critique of Alternative Digital Millennium Copyright Act: The New York Law Journal, April 11, 2001 Approaches to the interest Expense of Sequel.” 26 Dayton Law Review 279 at p1. (with Kenneth Turnbull) Estreicher, Samuel. “Supreme Court American Multinationals.” 54 Tax Law (2001) Decides Eastern Associated Coal and Review 353 (2001) Estreicher, Samuel. “Free to Agree? Green Tree. (New York) New York Law Zimmerman, Diane L. “Amicus Curiae If Supreme Court Stumbles, Arbitration Journal, January 16, 2001 at p3. Shaviro, Daniel. “Tax Simplification Brief of Seventy-Three Law Professors Agreements for Employment Disputes Could (with Kenneth Turnbull) and the Alternative Minimum Tax.” 91 Tax in Support of Jireh Publishing, Inc.” Be Knocked Out.” Legal Times, January 8, Notes 1455 (2001) 22 Whitier Law Review 391 (2000) 2001, at p51. (with Jay W. Waks) Fox, Eleanor. “In Business We Trust.” 271:10 The Nation 31 (October 9, 2000) Silberman, Linda J. “The Hague Child Miscellaneous Abduction Convention turns Twenty: Adler, Barry. “Seventy-Fifth Anniversary Gender Politics and Other Issues.” 33 Retrospective: Most Influential Articles. NYU Journal of Law and International Karl N. Llewellyn, Through Title to Contract Politics 221 (2000) and a Bit Beyond, 15 N.Y.U. L. Q. Rev. 159 (1938)” 75 NYU Law Review 1520 (2000) Faculty Journals Stimpson, Catherine. “Myths of Trans- formation: Realities of Change.” 115 PMLA: Amsterdam, Anthony G. “Commentary; Publications of the Modern Language The Law Is Left Twisting Slowly in the Association of America 1142 (2000) Wind.” The Los Angeles Times, Dec 17, 2000, at p5. Stewart, Richard B. “A New Generation of Environmental Regulation?” 29 Capital Avi-Yonah, Reuven. “Making Sense of U.S. University Law Review 21 (2001) International Taxation: Six Steps toward Simplification.” 55 Bulletin for Interna- Stewart, Richard B. “Designing an tional Fiscal Documentation 493 (2001) International Greenhouse Gas Emissions Trading System.” 15:3 Natural Resources Avi-Yonah, Reuven. “The U.S. Treasury’s & Environment 160 (2001) (with James L. Subpart F Report: Plus ca change, Plus Connaughton and Lesley C. Foxhall) C’Ees la Meme Chose?” 55 Bulletin for International Fiscal Documentation 185 Tyler, Tom R. “Cultural Values and (2001) Authority Relations: The Psychology of There are four journals at NYU Law that are edited by faculty mem- Conflict Resolution across Cultures.” Chevigny, Paul. “Seventy-Fifth Anniversary bers: Clinical Law Review, edited by Randy Hertz; Tax Law Review, edited 6 Psychology, Public Policy, and Law Retrospective: Most Influential Articles. 1138 (2000) (with E. Allan Lind and Roger Traynor, Ground Lost and Found in by Deborah Schenk and published by Warren, Gorham & Lamont; East Yuen J. Huo) Criminal Discovery, 39 N.Y.U. L. Rev. 228 European Constitutional Review, edited by Stephen Holmes; Punishment (1964)” 75 NYU Law Review 1532 (2000) & Society: The International Journal of Penology, founded and edited by Tyler, Tom R. “Multiculturalism and the David Garland; and the European Journal of International Law, edited by Willingness of Citizens to Defer to Law Dorsen, Norman. “Dedication to Senator and to Legal Authorities.” 25 Law and George J. Mitchell at the New York Philip Alston. In addition, the Hauser Global Law School Program is Social Inquiry 983 (2000) University School of Law.” 57 NYU Annual launching a new quarterly journal scheduled for late 2002, I•CON, The Survey of American Law xxi (2000) International Journal of Constitutional Law. This faculty-edited journal, to Tyler, Tom R. “Trust and Law Abidingness: A Proactive Model of Social Regulation.” 81 be published by Oxford University Press, will focus on the transnational Dorsen, Norman. Editor. Justice John implications of constitutionalism and constitutional rights. Boston University Law Review 361 (2001) Marshall Harlan II: Remembrances by His Law Clerks. Privately published. 2001. 50 AUTUMN 2002

Fox, Eleanor. “Victory in Cyberspace: Gillers, Stephen. “Who Says the Election Lowenfeld, Andreas. “Seventy-Fifth Rehberg, Jeanne. “WTO/GATT Research.” United States v. Microscoft.” 32 UWLA Has a December 12 Deadline?” New York Anniversary Retrospective: Most Influential www.llrx.com/features/wto2.htm Law Review vi (2001) Times, December 2, 2000, at pA19. Articles. Robert A. Lefler, Choice-Influencing Considerations in Conflict, 41 N.Y.U. L. Rev. Richards, David A. J. “Seventy-Fifth Friedman, Barry. “Seventy-Fifth Anni- Guggenheim, Martin. “Seventy-Fifth 267 (1966)” 75 New York University Law Anniversary Retrospective: Most Influential versary Retrospective: Most Influential Anniversary Retrospective: Most Influential Review 1537 (2000) Articles. Andrew Koppelman, Why Discrim- Articles. David L. Shapiro, Jurisdiction Articles. Gary Goodpaster, The Trial for Life: ination against Lesbians and Gay Men is and Discretion, 60 N.Y.U. L. Rev. 543 Effective Assistance of Counsel in Death Mills, Linda. The Heart of Intimate Abuse: Sex Discrimination, 69 N.Y.U. L. Rev. 197 (1985)” 75 NYU Law Review 1553 (2000) Penalty Cases, 58 N.Y.U. L. Rev. 299 A Companion Video. Washington: U.S. Dept. (1994)” 75 NYU Law Review 1561 (2000) (1983)” 75 NYU Law Review 1551 (2000) of Health and Human Services, 2000. Friedman, Barry. “The Glib Critics of the Schenk, Deborah H. “Ethical Issues in Courts.” New York Times, November 24, Hershkoff, Helen. “Seventy-Fifth Anni- Mills, Linda. An Innovative Training Joint Representation in Tax Matters.” 5 2000 at pA47. versary Retrospective: Most Influential Program for Child Welfare Workers. Community Tax Law Report 11 (2001) Articles. William J. Brennan, Jr. The Bill Washington, D.C.: U.S. Dept. of Health Garland, David. “Book Review. Crime of Rights and the States: The Revival and Human Services, 2000 (with Colleen Sexton, John. “Seventy-Fifth Anniversary and Social Change in Middle England of State Constitutions as Guardians of Friend and Phuong Hoang) Retrospective: Most Influential Articles. by Girling, et al.” 41 British Journal of Individual Rights, 61 N.Y.U. L. Rev. 535 Henry J. Friendly, In Praise of Erie—And Criminology 749 (2001) (1986)” 75 NYU Law Review 1554 (2000) Mills, Linda. “Mills on Mandates, Reel of the New York Federal Common Law, 39 Two.” 6:2 Domestic Violence Report 1 N.Y.U. L. Rev. 383 (1964)” 75 NYU Law Garland, David. Editor. Punishment Jacobs, James B. “Foreword: Responding (2001) Review 1534 (2000) & Society: The International Journal to the Threat of Gangs: Leadership & of Penology, Vol.3, Nos. 1-3 (2001) Management Strategies,” 5(1) Corrections Nelkin, Dorothy. “Book review. Shaviro, Daniel. “Closing the Shelters.” Management Quarterly vi-vii (2001) The Commodification of Kinship.” 24:2 Regulation 43 (2001) Geistfeld, Mark. “Seventy-Fifth Anni- 42 Current Anthropology 254 (2001) versary Retrospective: Most Influential Kingsbury, Benedict. “Book Review: Shaviro, Daniel. “There’s No Such Thing Articles. James A. Henderson, Jr. & Aaron “Sovereignty: Organized Hypocrisy, by Nelkin, Dorothy. “Molecular Metaphors: as Free Prescription Drugs,” Los Angeles D. Twerski, Doctrinal Collapse in Products Stephen D. Krasner.” 94 The American the Gene in Popular Discourse.” 2:7 Nature Times, November 1, 2000, at pB9. Liability: the Empty Shell of Failure to Warn, Journal of International Law 591 (2000) Reviews 555 (2001) 65 N.Y.U. L. Rev. 265 (1990)” 75 NYU Slain, John J. “Seventy-Fifth Anniversary Law Review 1558 (2000) Kingsbury, Benedict. “Indigenous Peoples’ Nelkin, Dorothy. “Science in purgatorial Retrospective: Most Influential Articles. Property Issues in North America and space. (Book review) French DNA: Trouble Homer Kripke, The SEC the Accountants, Gillers, Stephen. “The Court Should Australasia” 13 Interights Bulletin (2000) in Purgatory. Paul Rabinow. Chicago: Some Myths and Some Realities, 45 N.Y.U. Boldly Take Charge,” New York Times, University of Chicago Press, 1999.” 14 L. Rev. 1151 (1970)” 75 NYU Law Review November 21, 2000 at pA25. Kornhauser, Lewis. “Behavioral Law and Medical Humanities Review 79 (2000) 1542 (2000) Economics. (Review)—(book reviews). New Gillers, Stephen. “A Duty to Warn,” York Law Journal, October 24, 2000 p2. Neuborne, Burt. “Seventy-Fifth Anni- Stewart, Richard B. “Seventy-Fifth Anni- New York Times, July 26, 2001, at pA25. versary Retrospective: Most Influential versary Retrospective: Most Influential Law, Sylvia A. “Seventy-Fifth Anniversary Articles. Earl Warren, The Bill of Rights Articles. Richard L. Revesz, Rehabilitating Gillers, Stephen. “For Justice to be Retrospective: Most Influential Articles. and the Military, 37 N.Y.U. L. Rev. 181 Interstate Competition: Rethinking the Blind,” New York Times, March 4, 2001, Elizabeth M. Schneider, The Dialectic of (1962)” 75 NYU Law Review 1528 (2000) “Race-to-the-Bottom” Rationale for Federal at Section 4, p3. Rights and Politics: Perspectives from the Environmental Regulation, 67 N.Y.U. L. Rev. Women’s Movement, 61 N.Y.U. L. Rev. 589 Popa, Radu. “Panic Syndrome!” in 1210 (1992)” 75 NYU Law Review 1560 Gillers, Stephen. “Motive is Everything (1986)” 75 NYU Law Review 1556 (2000) Exquisite Corpse: A Journal of Letters and (2000) in Marc Rich Pardon,” New York Times, Life, issue 9, May 2001. www.corpse.org February 17, 2001, at pA17.

product-based tests to process-based envi- Student Scholarship and Journals ronmental standards in international trade. Additionally, a student article examines the NYU Annual Survey of American Law: NYU Environmental Law Journal: principles emerging from the jurisprudence Volume 58, No. 2 Volume 10, No. 2 of NAFTA tribunals dealing with questions This issue contains the journal’s second The latest issues feature an article ana- of regulatory expropriations, and reevaluates “Judges Forum.” The Judge’s Forum pro- lyzing theoretical and practical approaches current criticisms and reform proposals for vides an opportunity for leading judges to to collaborative bargaining as a way to com- NAFTA’s investor-state dispute mechanism. discuss legal issues of enduring importance bat environmental racism in communities to the judiciary. Judge’s Forum No. 2 con- suffering from the combined effects of pol- NYU Journal of International Law tains articles on a range of topics by dis- lution, poverty, and disenfranchisement. and Politics: Volume 34, No. 1 tinguished federal judges Harold Baer, The issue also includes an article reconcep- The first issue of Volume 34 includes Jr., Richard D Cudahy, Paul L. Friedman, tualizing various schemes for dealing with three articles based on papers presented at John Walker, Jr., J. Clifford Wallace, and interstate transport of air pollution. A third our 2000 symposium, “The Effects of Harlington Wood, Jr. article critiques the WTO’s application of Globalization on Small States.” They treat FACULTY FOCUS 51

NYU Journal of Legislation and Public Policy: Volume 5, No 1 The latest issue includes articles, com- ments, and speeches from the Fall 2001 symposium entitled “The Regulation of Securities and Securities Exchanges in the Age of the Internet.” In addition, the issue contains scholarly articles on such diverse topics as physician participation in the administration of the death penalty, the role of the federal government in preventing sexual abuse of Native American children, and the effects of parent-child stereotyping in the practical application of the internal revenue code. It also features student-writ- ten Notes on the Americans with Disabil- ities Act, the free exercise of religion, and the effect of gun manufacturer litigation on local government law. the functionality of international tribunals NYU Review of Law and Social Change: The Moot Court Casebook: vis-à-vis small states; the internationaliza- Volume 27, No. 1 Volume 26 tion of crime; and the effects of global mar- “The Miner’s Canary” colloquium issue The Moot Court Casebook, published kets on national economic sovereignty. The of the NYU Review of Law and Social Change annually by the NYU Moot Court Board, is issue also features four additional articles: a builds off the exciting and dynamic energy the most widely used set of moot court discussion of NAFTA’s Investment Chap- of the day-long symposium held at NYU materials in the country, with more than ter in light of the experience of the EU; an Law that centered around Lani Guinier and 110 law schools subscribing. Volume 26 of examination of information warfare in the Gerald Torres’ concept of “political race,” as the casebook will be filled with the com- context of international law on the use of well as the role that race can play as an ana- plete Moot Court problems written by sec- force; an exploration of personal jurisdic- lytical tool for analyzing power structures ond year staff members, covering issues tion and due process under the Foreign and democracy, and cross-racial coalition ranging from residential searches to media Sovereign Immunities Act; and an analysis building in social justice movements. The broadcast rights. ■ of the conceptual structures of claims issue begins with a short excerpt from Lani brought by indigenous peoples under Guinier and Gerald Torres’ new book on international and corporate law. multicultural social justice organizing—The To order individual issues of student Miner’s Canary: Enlisting Race, Resisting journals or for subscription information, NYU Law Review: Power, Transforming Democracy, and then pro- Volume 77, No. 3 please contact: ceeds with the written or spoken comments NYU Law Journals Our current issue contains several articles of each panelist from the six panels held 110 West Third Street discussing the political process. One revisits that day. Included in this issue are the re- New York, NY 10012 voting technology in the wake of the Florida marks of Gerald Torres, Lani Guinier, Attention: Jennie Dorn election controversy. Another investigates the Albert Cortez, Mimi Ho, Eric Tang, Mari Email: [email protected] realities of the legislative process through Matsuda, Saru Jayaraman, Si Kahn, Kendall Phone: (212) 998-6397 interviews with people who have worked in Thomas, Jennifer Gordon, Urvashi Vaid, Fax: (212) 995-4032 Congress. In doing so, the article casts doubt and many other academics, organizers, and on the ways in which courts typically think of activists on themes and ideas stemming the process of legislative drafting. Addi- from The Miner’s Canary and issues sur- tionally, a student Note advocates against a rounding the building of multiracial social current scheme legislatures use in redistrict- justice movements. Also included are tran- ing. The issue also includes an article that scripts from the symposium’s question and looks at restrictions on prisoners’ ability to file answer sessions and poetry from the successive habeas corpus petitions and a stu- Blackout Arts Collective. dent Note that argues antidiscrimination laws should be more attentive to the interests of employees that choose not to be parents.

53

International Law for the Future

YU LAW’S LEADERSHIP IN INTERNATIONAL LEGAL STUDIES N is universally acclaimed. The Law School’s first-rate faculty con- tinue to build the intellectual foundations for the international and national legal rules and institutions needed in the 21st century. The new Institute for International Law and Justice, with its extraordinary set of research centers, programs, and innovative degree structures, consolidates the collective enterprise of the permanent and global faculty, an impressive group of specialist J.D. and graduate students, and dynamic visiting researchers. Alongside the highly successful Jean Monnet Center for International and Regional Economic Law & Justice, NYU Law this year launches the Center for Human Rights and Global Justice, the Program in the History and Theory of International Law, and the Research Program on Legitimacy and Democracy in International Governance, administered by the new Institute. These initiatives build on the Hauser Global Law School Program’s pioneering transformation of legal education, and further strengthen NYU Law’s leading role in research on global legal issues and the training of lawyers for a globalized world. 54 AUTUMN 2002

faculty combines robust, theoretically driven law is a special component in the growth of International Law research with a practical commitment to global law and the management of global- finding legal and policy solutions. ization, requiring distinctive expertise among at NYU NYU Law transformed legal education professors that can be passed on in the and research agendas through the Hauser training of future practitioners, policymak- Global Law School Program, bringing ers, and scholars. Should United States courts grant together a global faculty and a global student The creation of the Institute for Interna- redress to Holocaust survivors or their families body, and introducing transnational and com- tional Law and Justice is a further instance of against German industries for profits made parative dimensions throughout the curricu- the vision animating the Global Law School from slave labor under the Nazi regime? lum. This year marks the next major step in initiative: that simply training tomorrow’s NYU Law Professor Burt Neuborne and Law the Global Law School initiative with the lawyers and leaders in national and local law School trustee Melvyn I. Weiss (’59) worked formation of the Institute for International is not adequate for a future of global law and indefatigably on these claims, ultimately Law and Justice. This new Institute is the global policy problems. The Institute further negotiating the establishment of a $5 billion focal point for research, innovative policy enriches the remarkable intellectual environ- trust fund that is now making payments to ideas, and rigorous academic training on ment already created through the Hauser thousands of elderly survivors. If even specific international law dimensions of the Global Law School Program. With faculty Holocaust-era claims are within the juris- globalization of law. It brings a concentrated and students from all over the world, and diction of U.S. courts in general, are there focus on the traditional intergovernmental extraordinary opportunities to get involved nevertheless foreign governmental entities techniques for making and enforcing law in practical problems through research pro- that, for international legal and policy rea- between states, and on the problems of adapt- grams, internships, colloquia, and symposia, sons, should have immunity from U.S. court ing or remaking this traditional system to NYU Law provides unparalleled education proceedings, in the same way that the U.S. provide an architecture to meet the new and training for students who will work on government would expect to claim sover- demands of global governance. International the future problems of global governance. ■ eign immunity from certain proceedings in foreign courts? International civil litigation experts Professors Andreas Lowenfeld and NYU Law provides unparalleled education Linda Silberman have been involved in argu- ing some of these cases. The more recent and training for students who will work atrocities in Yugoslavia are being litigated on the future problems of global governance. in the International Court of Justice, where Professor Thomas Franck is arguing that the war-ravaged state of Bosnia is entitled to compensation from the new democratic government of Serbia-Montenegro for geno- cide committed under the former Serbian government of Slobodan Milosevic. The lat- est anti-U.S. terrorist attacks have led to Professor David Golove’s work on the prob- lem of how much power the U.S. President has to establish Military Commissions to try suspected terrorists. He makes the impor- tant claim that the Constitution itself defines the scope of the President’s war powers by reference to the international law of war. He argues the President has no constitutional authority to establish tribunals that fail to live up to international law standards. These are the kinds of problems that will be central to the work of lawyers in the 21st century, drawing together national law, inter- national law, and issues of national and global governance. They require international legal rules, and the design of international legal insti- tutions, that are integrated with national law and policy but have global applicability and legitimacy. NYU Law’s international law (l-r): Joseph Weiler, Philip Alston, Benedict Kingsbury, Kirsty Gover, David Golove, and Mattias Kumm of NYU Law’s program tackles these problems. Its superb Institute for International Law and Justice INTERNATIONAL LAW AT NYU 55

• Post-doctoral fellowships NYU Law Launches Institute for • An extraordinary array of Law School–funded internships and clerkships International Law and Justice (IILJ)… Professor Benedict Kingsbury directs the Institute. Its Executive Committee includes Professors Philip Alston, David Golove, The new Institute for International Law • A unique four-year J.D.-LL.M. program Mattias Kumm, and Joseph Weiler. Other and Justice organizes collective research proj- for potential international law professors faculty actively involved include Professors ects, policy work, and academic and practical and other specialists Vicki Been, Paul Chevigny, Jerome Cohen, training initiatives conducted by the stellar • A postgraduate fellowship linking an Rochelle Dreyfuss, Eleanor Fox, Thomas group of faculty working on international LL.M. and doctoral ( J.S.D.) dissertation Franck, Stephen Holmes, Andreas Lowen- law questions at NYU Law. in international law feld, Theodor Meron, Liam Murphy, Linda The Institute oversees: • The new weekly “Globalization and Its Silberman, Richard Stewart, Frank Upham, • A new multi-year research project on Discontents” colloquium and Katrina Wyman, as well as several legitimacy, democracy, and justice in • Courses on conceptual approaches to Global Faculty members. The Institute’s international governance international law research and pedagogy first full-time Fellow is Kirsty Gover. ■

present and future strengths and problems. Jean Monnet Center for International …and New Centers This research agenda reflects the overlap- and Regional Economic Law & Justice ping interests and research priorities of the The Jean Monnet Center for Inter- and Programs newly hired faculty who are members of national and Regional Economic Law & the Institute’s Executive Committee, and Justice was established at NYU Law during integrates the work of NYU Law Professors the Summer of 2001 by Professor Joseph Along with and as part of the Institute, Stephen Holmes, Larry Kramer, Richard Weiler. The principal purpose of the Center the Law School has established an IILJ Pildes, and Richard Revesz, among others. is to foster cutting-edge scholarship on research project, and three thematic centers To launch the Research Program, the issues of international, European, and other and programs in international law: Institute will host a two-day workshop in regional law and policy with a particular • The Center for Human Rights and October 2002, entitled “Legitimacy, Demo- emphasis on issues of regional and global Global Justice, directed by Professor cracy, and Justice in International Gover- governance and on social and economic jus- Philip Alston nance.” Bringing together leading figures tice. The new NYU Center has two foci for • The Jean Monnet Center for in international law, international relations, its intellectual activities. The first is the International and Regional Economic and political philosophy, the aim of the European Union, its institutions, policies, Law & Justice, directed by Professor workshop is to collectively rethink concepts and legal system. The Center hopes to be Joseph Weiler of democracy and justice as they relate to the premier location in North America for a • The Program in the History and Theory international governance. critical exploration of European law con- of International Law, directed by The group of highly original scholars ceived in its broadest terms and the future Professor Benedict Kingsbury who will participate includes (in addition to of the European Union. The second is the Planning is also underway in the Insti- the NYU faculty) Eyal Benvenisti (Tel broader universe of international and tute for programmatic initiatives in private Aviv), Francesca Bignami (Duke), Gráinne regional economic law. The Center wishes international law (directed by Professors de Búrca (European University Institute), to insert itself into the ongoing academic Linda Silberman and Andreas Lowenfeld) David Caron (Berkeley), Andrew Hurrell and political debate about globalization by and the relations between international law (Oxford), Robert Keohane (Duke), Martti exploring both the virtues and vices of and national law (directed by Professors Koskenniemi (Helsinki), Andrew Moravcsik globalization and its attendant legal David Golove and Mattias Kumm). (Harvard), Philip Pettit (Princeton/ANU), regimes. Exploring the tensions between Robert Howse (Michigan), Miguel Maduro the legal disciplines of free trade and com- Centers and Research Programs (Lisbon), Kalypso Nicolaidis (Oxford), peting social and human values, as well as Michael Reisman (Yale), Charles Sabel (Col- national sovereignty will be at the core of IILJ Research Program on Legitimacy umbia), Bruno Simma (Michigan), Beth the academic mission of the Center. and Democracy in International Governance Simmons (Berkeley), Anne-Marie Slaughter The most precious element of the Jean The Institute for International Law and (Princeton), and Neil Walker (European Monnet Center is the annual group of Emile Justice has launched its centerpiece research University Institute). Noël Fellows. Fellows range from Ph.D. can- program on Legitimacy and Democracy in Working papers and details of the ongo- didates to senior academics and public offi- International Governance, which aims to ing Research Program will be posted on the cials. Other elements include public lectures trace and model the emerging structures of Institute for International Law and Justice and workshops. Here are some highlights of international governance to assess their Web site as they become available. the research and researchers in 2001-2002: 56 AUTUMN 2002

Lasia Bloss, Ph.D. candidate at the University of Trier Institute for Legal Policy in Germany and Teaching Fellow in the Jean Monnet Program, explored state- church relationships in certain European Union Member States while putting special focus on the corporate element of freedom of religion. Philipp Dann, a post-doc, focused on questions of European parliamentary democracy, more specifically examining the interplay between federal structures and the parliamentary organs of the European Union. A basic idea was to compare the EU with the U.S. Congress, thereby show- Centers and Programs Faculty ing parallels between these two legislatures in federal and non-parliamentary systems. Center for Human Rights and Global Justice Director: Benedict Kingsbury Jürgen Kurtz is a Lecturer in the Law School Director: Philip Alston of the University of Melbourne. Prior to Executive Committee: Philip Alston, David arriving at NYU, Kurtz undertook a consul- Jean Monnet Center for International Golove, Mattias Kumm, Joseph Weiler tancy on behalf of AusAID (the Australian and Regional Economic Law & Justice NYU Faculty Associates: Vicki Been, Paul aid agency) in Vietnam to advise on Director: Joseph Weiler Chevigny, Jerome Cohen, Rochelle Dreyfuss, Vietnam’s ongoing accession to the World Program in the History and Theory Eleanor Fox, Thomas M. Franck, Stephen Trade Organization (WTO) and its recently of International Law Holmes, Andreas Lowenfeld, Theodor Meron, signed bilateral trade agreement with the Director: Benedict Kingsbury Liam Murphy, Linda Silberman, Richard U.S. As an Emile Noël Fellow, he focused on Stewart, Frank Upham, Katrina Wyman the failure of the OECD Multilateral Research Program on Legitimacy and Agreement on Investment and prospects Democracy in International Governance Institute Fellow: Kirsty Gover for a comprehensive investment agreement Directors: Philip Alston, Benedict Kingsbury, in the WTO. Stefania Ninatti is Assistant Joseph Weiler Events Professor at the University of Milan. During Inaugural Institute Conference: Democracy, Degree Programs her fellowship, she researched the notion of Legitimacy, and Justice in International democracy in the case law of the European J.D.-LL.M. in International Law Governance, October 3 and 4, 2002 Court of Justice. Joost Pauwelyn, on sabbati- Director: David Golove cal leave from the Legal Affairs Division of Conference in Honor of Thomas M. Franck: the WTO and recently appointed as Asso- LL.M.-J.S.D. in International Law International Law and Justice in the 21st ciate Professor of Law at Duke Law School, Director: Mattias Kumm Century: The Enduring Contributions of focused his research on the law of the Thomas M. Franck, October 5, 2002 WTO. He prepared a paper on the nature Institute Special Seminars and Colloquia of WTO obligations and a book chapter on Internships and Clerkships Globalization and Its Discontents Colloquium the “Application of Public International U.N. International Law Commission Internships Law in WTO Dispute Settlement.” He also Advanced Monthly International Law Seminar finalized an article on “Cross-agreement Office of the U.N. High Commissioner for Junior and Graduate Fellows Institute Seminar complaints before the Appellate Body: A Refugees Internships case study of the EC-Asbestos dispute” LL.M. International Law Thesis Course International Criminal Tribunal for Rwanda (published in the first issue of the World Pedagogy and Methodology of International Internships Trade Review). Imola Streho, Ph.D. candidate Law Seminar at University of Paris II, conducted her Hague Conference on Private International research as an Emile Noël fellow on the Jean Monnet Seminar on International Law Law Internships notion of services in European Community and Democracy International Court of Justice Traineeships (EC) law, which while constituting one of History and Theory of International Law (postgraduate) the EC fundamental freedoms, is not well Seminar explored. The focus of her research has Furman Human Rights Fellowships been comparing American and European (postgraduate) Advanced Human Rights Seminar notions of services. At NYU Law, she was International Litigation Seminar Other summer internships, international also the Executive Director of the Jean clerkships, and fellowships Monnet Center. Streho gave lectures at the College of Europe in Natolin, Poland. INTERNATIONAL LAW AT NYU 57

Renée Haferkamp The 2002-2003 Emile Noël Distinguished Fellow Jean Monnet Center

Renée Haferkamp, Emile Noël Distinguished Fellow at the Jean Emile Noël Senior Fellows Monnet Center, organized in cooperation with Professors Joseph Weiler Professor Francesca Bignami teaches and Martin Schain the seminar “The Futures of Europe: Ideas, Ideals, and European Union law, comparative public Those Who Make Them Happen.” The former Director General of the law, and administrative law at Duke Law European Commission, Haferkamp has participated in all the important School. While visiting at the Jean Monnet milestones in the development of the European Union, from the period of Center, Bignami will be conducting research Paul-Henri Spaak and Jean Monnet to Jacques Delors and Romano Prodi. on the impact of the European Union on She has been a lecturer at the Université de Paris-Sorbonne and visiting national systems of constitutional and professor at a number of other European universities; a fellow at the administrative law. Weatherhead Center for International Affairs at Harvard University in Professor Iulia Motoc, a former judge, Renée Haferkamp 1994; a Fulbright Scholar at the William Fulbright College of Arts, teaches at the University of Bucharest and University of Arkansas, in 1996; and a European Scholar at the University serves as the Scientific Director of the of Massachusetts in 1998, as well as an Emile Noël Fellow at Harvard Law School in 1998 and 1999. Romanian Diplomatic Academy. She is In 2000 and 2001, Haferkamp was a Senior Associate at the European Union Center at Harvard Special Rapporteur of the U.N. Commission University where she organized the lecture series “Visions for European Governance/EU Agenda on Human Rights for the Democratic Seminar,” cosponsored by the Minda de Gunzburg Center for European Studies, the Weatherhead Republic of Congo and a member of the U.N. Center for International Affairs, the John F. Kennedy School of Government, Harvard Law School, and Sub-Commission on the Promotion and Harvard Business School. Protection of Human Rights. At the Jean Monnet Center, she will work with Professor Joseph Weiler in the area of democracy and Xuejun Xie, Corporate Counsel at Yahoo! U.S.-European Union relations. The guests international law. China, focused his research on China’s were asked to arrive without a speech and Dr. Anne Orford is a Senior Lecturer in accession to WTO and the issue of compat- interviewed, Charlie Rose–style, by the panel the Law School at the University of ibility between state ownership and trade of organizers, consisting of Professor Weiler, Melbourne. She does research in the areas liberalization. His study explored owner- Professor Martin Schain (Director of the of human rights, international economic law, ship issues in WTO laws—state trading, CES), and Renée Haferkamp (Emile Noël postcolonial theory, and feminist legal the- subsidies, and the like. The results of the Distinguished Fellow at the Jean Monnet ory. She is currently completing work on a Fellows’ research may be found in the Work- Center). The series was opened by former book about humanitarian intervention and ing Paper Series section of the Center’s Web President Bill Clinton, who spoke about his its aftermath to be published by Cambridge site at www.jeanmonnetprogram.org. perceptions of and experiences with Europe University Press in 2002. While visiting the and the general context of world gover- Jean Monnet Center, she will further her During the Spring, the Jean Monnet nance today. Other guests during the research on the relationship between free Center, with the collaboration of the Center semester included former Prime Minister of trade, human rights, and democracy. for European Studies (CES) at NYU, hosted Portugal António Guterres; Former Prime Professor Ayelet Shachar teaches at the a seminar series on The Futures of Europe: Minister of Italy and the current Vice Presi- Faculty of Law at the University of Toronto. Ideas, Ideals, and Those Who Make Them dent of the Convention on the Future of She has written extensively on group rights, Happen. The direct context of the series Europe Giuliano Amato; former Secretary gender equality, citizenship theory, and was the 2002 Convention for the Future of General of the North Atlantic Treaty Organi- immigration law. She is the author of the Europe—quickly dubbed by many as the zation (NATO), Belgian Foreign Minister award-winning book Multicultural Jurisdic- “European Philadelphia,” and widely Willy Claes; and former President of France tions: Cultural Differences and Women’s referred to as the European Constitutional and the current President of the Convention Rights (Cambridge University Press, 2001). Convention. The principal idea behind the on the Future of Europe Valéry Giscard seminar series was to invite key constitu- d’Estaing (see related sidebar on page 58). tional figures—major leaders, albeit no The series will continue in the Fall with longer in office (so that they could speak guests expected to include former Prime Prodi. A special invitation has been extended freely without worrying about tomorrow’s Minister of Denmark Poul Nyrup Rasmussen, to European Commissioners Pascal Lamy election), and yet actively involved both in former President of Germany Richard von and Mario Monti who preside over the two the past and the future of Europe. One of the Weizsäecker, former Polish Foreign Minister most sensitive legal portfolios in the trou- themes addressed at length by all invitees Bronislaw Geremek, and the President of the bled U.S.-EU relationship—trade and com- has been the current state and future of Commission of the European Union, Romano petition (antitrust). 58 AUTUMN 2002

Program in the History and Theory future development of international law working paper series with print and of International Law depends on sustained theoretical work, Internet distribution, hosts visiting fellows This program encourages scholarship including careful historical study, and that (including faculty from other disciplines and teaching on topics in the history and collective efforts are needed to enhance and post-docs), supports research and theory of international law that are vital to worldwide research and teaching in these publications, provides a center that brings deepening an understanding of the field. areas. The program holds periodic confer- together people interested in these fields, The premise of the program is that the ences and workshops, sponsors a refereed and each year offers a set of courses in these areas at the Law School. The program is directed by Professor Benedict Kingsbury, in cooperation with Hauser Global Law In Conversation With Valery Giscard d’Estaing Professor Martti Koskenniemi. Additional courses are taught periodically by Pro- During the Spring semester Valery Giscard expense of the others.” So it is a game in which fessors Thomas Franck, David Golove, d’Estaing, former President of France and cur- there are winners and losers. When you have at Mattias Kumm, Liam Murphy, and Joseph rent President of the Convention on the Future the same time the unanimity rule, it cannot Weiler, as well as Global and adjunct fac- of Europe, visited the Jean Monnet Center and function because you cannot have many losers ulty. Regular participants in program activ- spoke on “The Futures of Europe.” The follow- in the system with the unanimity rule because ities include Professors Philip Allott ing is an excerpt. the losers will not accept your proposal. We had (Cambridge), Nathaniel Berman (Brooklyn an example of this problem at the last meeting Law School), Andrew Hurrell (Oxford), NYU Law: Until now, when Europe deliberated at the Laeken European Summit. The agenda Karen Knop (Toronto), and Masaharu its future, it was done through an Intergovern- included the question of the location of some Yanagihara (Kyushu). mental Conference composed of representa- European agencies—one for the protection of Taken as a whole, the program’s activi- tives of all governments. Now you not only our health and food and the other for protection ties and courses enable J.D. and graduate preside over a convention composed of gov- from danger on the sea due to possible acci- students specializing in international law, ernment representatives, but also members of dents. For each agency, there were several can- together with visiting fellows, to pursue sus- the European Parliament, national parlia- didates. For food and health, you had Italy and tained exploration of historical and theoret- ments, and even the candidate member Finland. For security on the sea and seashore, ical issues with like-minded colleagues and states. It also has a different procedure— you had France and Portugal. It was impossible faculty. The unusual strength and range of more deliberative, more transparent, more to find an agreement. They spent hours on this NYU Law’s course offerings in these areas consultative. Why the change? issue and found no agreement because the reflect both the depth of scholarly interest in Finns said, “No, we will not accept the deci- this program and the rarity of such a com- President Giscard d’Estaing: There was a sion.” The Italians said, “Parma is a very good mitment in international law education, general belief among the leaders and the gov- location, so it will be in Parma.” The French said, which tends to be dominated by more con- ernments that a new intergovernmental confer- “All the accidents are on the French coasts, so it temporary policy concerns. Courses offered ence would produce few results because the is normal to have the agency in Nantes, in in 2002-2003 include Professor Benedict last IGC in Nice had been very frustrating. This Bretagne.” But the Spanish pointed to their own Kingsbury’s Fall seminar on the history and was because the debate was, again, a nation- interests. There was no decision and there are theory of international law, focusing on mod- alistic debate. It was not a European debate. If no agencies. Now, under the Spanish Presidency ern implications of ideas developed during you look at what the heads of governments of the Union, I spoke with Jose Maria Aznar, the the period 1500-1870 (Francisco de Vitoria, said when they came back to their capitals, Prime Minister of Spain. He said to me, “I will Albercio Gentili, Hugo Grotius, Thomas they didn’t say, “We improved the European not even put the question on the agenda. It’s Hobbes, Samuel von Pufendorf, Emerich de system.” Not at all. They said that we gained useless. We cannot reach a decision.” Vattel, Jean-Jacques Rousseau, Immanuel this and that for our country. The British said, Kant, etc.); Professor Martti Koskenniemi’s “We opposed the fact that the taxation system follow-up Spring course on the intellectual could be communiterized.” The French came history and politics of international law back saying that the public service would be from 1870 on; Professor Thomas Franck’s protected. The Germans said that some of their seminar on The Empowered Self: Law national interests were defended. So everyone and Society in the Age of Individualism; was fighting for nationalistic results. Professor Joseph Weiler’s seminar on There are particular features to an intergov- International Law and Democracy; and ernmental conference. First, it’s a diplomatic Hauser Global Law Professor Radhika process not a political process. It is conducted Coomaraswamy’s seminar on Gender, Eth- by the Ministers of Foreign Affairs. In diplomacy nicity, and the Law. For further information, you try to gain at the expense of the others. If you visit the Program’s Web site, reached want to stay in history, you say, “I got very good NYU Law students with Valery Giscard d’Estaing through the homepage of the Institute for results for my country and we got it at the (far right) International Law and Justice. INTERNATIONAL LAW AT NYU 59

graduates will be better placed to cater more Building a Center for Human Rights effectively to the needs of governments, interna- tional organizations such as the U.N., and NGOs, and Global Justice all of which are actively looking for lawyers who are capable of undertaking sophisticated legal An Interview With Professor Philip Alston analyses of new and very complex issues. NYU Law: How will the Center work?

Chevigny, Tom Franck, Benedict Kingsbury, and Alston: We will identify one or maybe two major Donna Sullivan have all given NYU a very strong themes each year, organize an advanced profile in the area. And a wide range of Hauser research seminar around that topic, involve stu- Global professors, including Richard Goldstone, dents in writing papers, eventually have a cou- Georges Abi-Saab, Radhika Coomaraswamy, ple of senior research fellows in residence, and Joe Oloka-Onyango, Ratna Kapur, and Hilary we will bring all of this work together in an Charlesworth have brought immense insight annual public conference which will lead to and experience into the human rights lineup at working papers on the Internet and a volume of the Law School. essays. The topics will have a clear policy focus and the emphasis will be on helping to move NYU Law: So what’s new about the Center? the human rights agenda forward through first- rate scholarship. Alston: Well, three things. The first is the empha- sis on global justice and thus on the human NYU Law: What are the new issues that the rights dimensions of issues around the theme of Center will be dealing with? globalization. The second is an emphasis on an interdisciplinary approach that will involve Alston: Work has already begun on two issues. economists, sociologists, development special- A volume of essays on corporate human rights ists, anthropologists, and others in the Center’s responsibilities is under way, with some of the Philip Alston joined NYU Law’s faculty this activities. The third, and in some ways the most key scholars in this field involved. And the first past Spring. Alston is an internationally recog- important, will be the emphasis on research annual conference, which will also serve to nized expert in human rights law and comes and scholarship. launch the Center, will take place in Spring 2003 to NYU from the prestigious European University on the topic of the World Bank and Human Institute in Florence. He will teach a range NYU Law: Will the Center be an activist one? Rights. The Bank is a key player and it is heav- of courses in human rights, international organ- ily involved in an array of human rights issues, izations, and international law. In addition to Alston: It will be very active, but “activist” is not but it lacks a coherent and manageable policy. continuing to act as Editor-in-Chief of the the right word. I see the human rights field as We will get the leading scholars and practitioners European Journal of International Law, he will being at a crossroads. In its foundational phase together to work in probing and creative ways. head up a new NYU Law Center for Human it was driven largely by activism and an unwa- Rights and Global Justice. vering commitment to clear principles. Without that activism the field would not have achieved NYU Law: Is this NYU Law’s first major foray the prominence, relevance, and support that it into human rights? enjoys today. But the essential next phase—in an era of globalization and post September 11— Alston: Not at all. In many ways, the new Center must be characterized by a greater effort to con- represents an effort to capitalize on NYU’s solidate and develop the intellectual and extraordinary record in this field. The work done institutional foundations of the field. So for us, by Norman Dorsen, Burt Neuborne, Sylvia Law, cutting-edge research and writing will be the and many others put NYU at the forefront of key. The Center aims to establish NYU as an domestic civil liberties work and the lineup has intellectual leader in the field and as a particu- been equally impressive at the international larly valuable resource in support of the national level. Ted Meron, now a Judge at the Interna- and international communities’ efforts to better tional Criminal Tribunal for the former Yugoslavia understand the policy implications of emerg- but still an active member of our faculty, Paul ing human rights challenges. As a result, NYU 60 AUTUMN 2002

Center for Human Rights and Global Justice The NYU Law Center for Human Rights and Global Justice will be launched in the Seminar in International Litigation coming year under the directorship of Pro- fessor Philip Alston, who in 2002 joined International Litigation, a seminar taught by Professors Andreas Lowenfeld and Linda Silberman, NYU’s faculty from his position as Professor explores in a litigation context current developments in international law (public and private), civil of International Law at the European Uni- procedure, international arbitration, and comparative law and procedure. The seminar is extremely versity Institute (EUI) in Florence, Italy. popular and is known for its innovative format, in which students work together in teams to prepare Building on NYU’s excellent existing teach- oral arguments on current cases and deliver these arguments in front of a “court” of their class- ing, clinical, and public interest programs, mates. The seminar attracts both U.S. students and foreign-trained lawyers and much use is made the Center will initiate a long-term research of the variety of international perspectives represented by a diverse student group. program, a working paper series, and a num- ber of new seminars. The Center will offer fel- lowships for advanced research at NYU and International Litigation: A Student’s View opinion based on the legal arguments presented will host an annual workshop with invited From the Bench and the Bar by my classmates. scholars to advance cutting-edge thinking JORDAN ROSENBAUM (’03) The seminar gave me the confidence and and research on human rights issues. the knowledge I needed to have a successful Substantive areas of focus for the Center International litigation is an expansive and experience as a Summer Associate at an inter- will include the role of international finan- intricate field of law that requires an under- national law firm, and allowed me to interact cial institutions in the promotion of human standing of domestic and foreign procedure, a with people from around the world who will not rights; the impact of globalization on grasp of foreign affairs and politics, knowledge only become my colleagues, but who became human rights; terrorism and human rights; of languages and cultures, world-class and my friends. non-state actors and human rights; human motivating mentors, and most important, the rights responsibilities of corporate actors; opportunity to study and practice with a for- International Litigation: A Civil Law and human rights in the contexts of trade, eign-trained lawyer. The NYU Law seminar in Trained Student’s Perspective labor, and distributive justice. International Litigation, taught by Professors SASCHA SALOMONOWITZ (LL.M. ’03) Lowenfeld and Silberman, gave me the unique New Degree Programs opportunity to learn what it means to be an Motivated by a strong interest in interna- international litigator and jurist, and allowed tional litigation, I knew that the seminar taught To build on the momentum in interna- me to interact on an academic level with the by Professors Lowenfeld and Silberman was a tional law scholarship established at NYU foreign-trained LL.M. students who attend natural choice for my curriculum. The first part by distinguished senior faculty, the Law NYU Law. of the course was devoted to lively and insight- School announces the creation of two special In the course of the seminar I was trans- ful class discussions of various procedural and degree programs in international law this formed from a second-semester 2L into an substantive aspects of international litigation, year. These programs harness the energies international litigator. An Austrian LL.M. stu- which were led by two professors who are out- of faculty and student activity in interna- dent, Sascha Salomonowitz, and I represented standing experts in that field. Following that, tional law at NYU, and are a central part of a French watchdog group named LICRA against each foreign-trained student was paired with the constellation of new programmatic ini- the multinational corporation Yahoo! in a mock a J.D. student to prepare briefs and argue a tiatives that will be managed by the trial based on current litigation going on in the case. All the cases were modeled on actual, Institute for International Law and Justice. Ninth Circuit. Sascha and I did extensive legal pending litigation. Admitted students receive special training research on the issues that the case presented, Working with Jordan was a great experi- in international law with particular empha- and together we drafted a brief that we later ence. Our different approaches and back- sis on scholarship and research, and are argued before a “ninth circuit court” made up of grounds merged in a highly productive way, and expected to go on to make a significant con- other LL.M. and J.D. students from the class. we particularly benefited from the ability to tribution to the field as international law Working with a foreign-trained lawyer gave me research material from U.S. and European teachers or advisers. These programs are the an experience that few law students have had, databases. The use of a wide range of sources first of their kind, signaling a new phase in as we both learned from each other’s knowl- invariably enhances the quality and the per- NYU’s long tradition of scholarly distinc- edge of our respective legal systems and gained suasiveness of arguments, especially in novel tion in international law. a deeper appreciation for the law and how it cases with possibly far-reaching conse- functions in the global arena. During the semi- quences. Moreover, our views regarding free- J.D.-LL.M. Program in International Law nar, I also had the opportunity to step into the dom of expression, hate speech regulation, and A unique and innovative addition to shoes of a Second Circuit judge. After my fellow world-wide jurisdiction of national courts pro- NYU Law’s academic programs is the four- classmates argued an emotional current case vided us with an invaluable opportunity to learn year J.D.-LL.M. for students seeking special involving Holocaust survivors and the national from each other and made the preparation of academic expertise in international law. railroad of France, I found myself in the difficult, the brief and the oral argument a true cross- This highly selective program unites a J.D. yet stimulating position of drafting a judicial cultural experience. degree with a one-year Master of Laws degree INTERNATIONAL LAW AT NYU 61

(LL.M.), combining in-depth scholarship Rights Seminar, the History and Theory and publication with fellowship activities of International Law Seminar, the Junior including academic colloquia and funded and Graduate Fellows Institute Seminar, and Globalization and internship and clerkship programs at inter- the Jean Monnet Seminar on International Its Discontents: national courts and organizations which may Law and Democracy. Some of these are include the International Court of Justice, the described here. A Student’s Perspective U.N. International Law Commission, and OLAMIDE OYEKUNLE (LL.M. ’02) the Office of the U.N. High Commissioner for Advanced Monthly Refugees. Students are made Junior Fellows International Law Seminar Olamide Oyekunle graduated from the LL.M. of NYU’s Institute for International Law and One of the key activities of the Institute program in International Legal Studies in Justice, and are mentored by international for International Law and Justice is a May 2002. After completing her studies at law faculty throughout the four-year pro- monthly high-level seminar on advanced Oxford University, she worked for three gram. Graduates will have strong prepara- international law issues for students and fel- years with a leading law firm in London tion for future careers as international law lows affiliated with the Institute, interested before coming to NYU Law. She is a quali- scholars, as well as for other specialist interna- NYU faculty, and international law special- fied lawyer in England and intends to return tional law vocations. The program is directed ists and academics from the New York area. to England to continue in private practice by Professor David Golove. Participants meet and share an informal din- with an emphasis on international law. ner followed by a presentation by an invited LL.M.-J.S.D. Program in International Law speaker, based on a paper distributed in I have to admit, that having enrolled in the NYU also inaugurates this year a program advance of the meeting, reflecting their cur- course, I really did not know what to expect. I in international law designed specifically for rent work in international law. Participants was aware that globalization was something graduate students who are prospective or cur- are invited to discuss the work and the aim which was happening and that its effects rent international law teachers. The LL.M.- is to provide critical feedback and to were manifested all around me, but wasn’t J.S.D. Program in International Law creates advance thinking in specific areas of contro- sure I knew what the word really meant or continuity between the LL.M. degree and the versy in international law. Progress made in why people, particularly the increasing num- J.S.D. program for a small number of grad- these settings feeds back into the broader bers of disgruntled protesters outside the uate students focusing on international legal research agendas sponsored by the Institute, world economic summits, got so upset about scholarship. Those admitted will be made including research programs in the history it. As the semester progressed, the different Graduate Fellows of NYU’s Institute for and theory of international law, democ- contexts in which we examined the concept of International Law and Justice, and will be racy and legitimacy in international gover- globalization showed that it is a multifaceted mentored during their LL.M. studies in the nance, regional and international economic phenomenon that has cultural, political, and research and development of a dissertation law, and human rights and global justice. economic dimensions and consequences. proposal to facilitate their (non-guaranteed) On more than one occasion, we attempted entry into the J.S.D. program the following Junior and Graduate Fellows to tackle issues of global justice and explored year. The program provides a fully integrated Institute Seminar the question of whether an obligation exists academic experience involving the presenta- Junior Fellows and Graduate Fellows to affect the redistribution of wealth between tion of research in conferences, working papers of the Institute for International Law and the rich and the poor and if so, what the series, and workshops, along with funded Justice attend a series of meetings at which basis of this obligation is and how it should internships and clerkships in international they present full drafts of their research be put into effect. In one seminar, we engaged law. The program is directed by Professor papers for discussion by a group of col- in a lively debate with a former Prime Mattias Kumm. leagues, faculty, and outside guests. The Minister of Italy on the responsibilities of the Institute Seminar is convened and chaired powerful G8 group of countries, and had our Institute Special Seminars by faculty members of the Institute’s often theoretical assumptions about the rela- Executive Committee, and discussions are tionship between the few wealthy countries and Colloquia often preceded by an informal dinner. On and the not so well off put to the test by the occasion, annual conferences will be held for voice of practical experience. The Institute for International Law and wider discussion of Fellows’ research. What I particularly enjoyed was that every Justice sponsors a number of new special week students and professors grappled with seminars and colloquia which complement Globalization and Its Discontents Colloquium how to find solutions to the myriad issues and expand NYU Law’s extensive interna- The Globalization and Its Discontents and conflicts thrown up by globalization. It tional law curriculum. These provide for the Colloquium provides a weekly forum in seemed in some cases that even our pro- in-depth exploration of a range of interna- which scholars present papers that are posed solutions would throw up problems of tional law issues, and include the Global- discussed by students and faculty in a their own. It was exciting to be part of a class ization and Its Discontents Colloquium, the roundtable format. The colloquium is an where we, the students, were given the oppor- Pedagogy and Methodology of International initiative of the Institute for International tunity to challenge the work of those who are Law Seminar, the Advanced Monthly Inter- Law and Justice and the Hauser Global leading intellectuals in their field. national Law Seminar, the Advanced Human Law School Program. In Spring 2002 the 62 AUTUMN 2002

Globalization Colloquium was convened by and unmet demands for justice and fair- Sands), the geology of international gover- Professors Eleanor Fox and Benedict ness at the global level. In 2002, guest nance (Joseph Weiler), the tensions in rec- Kingsbury; the Spring 2003 organizers are speakers presented papers exploring spe- onciling national constitutional democracy Professors Kingsbury and Richard Stewart. cific issues such as the complex political with general international law (Mattias Over the semester, students, through and economic relationships involved in the Kumm) and with international human class discussion and written work, consider development of a global climate change rights obligations (David Golove), and new in depth core theoretical issues such as: the regime (Richard Stewart), the position of strategies for the Global South (Andrew meanings and usages of concepts of “gover- women in internationally governed post- Hurrell) and for the G8 (former Italian nance,” “civil society,” “democracy,” and conflict societies (Hilary Charlesworth), the Prime Minister Giuliano Amato) in seeking “accountability” in the context of increasing roles and limits of international labor stan- to increase the influence of global decision- international interdependence; the signifi- dards (Katherine van Wezel Stone) and of making on the interests and needs of the cance of rising global inequality; relations international antitrust regulation (Eleanor South. Commentators included South African between international and national law; Fox), the claims of moral universalism in Constitutional Court Justice Albie Sachs, arguments for and against regulation by determining priorities for global justice Columbia Law Professors Richard Briffault formal institutions; the need for and (Thomas Pogge), the impact on international and Gerald Neuman, Yale Professor Carol prospects of international administrative law; relations of courts and tribunals (Philippe Rose, and NYU Law faculty. ■

International Law Full-Time Faculty Working in International Law Faculty Philip Alston Professor of Law NYU Law has a long and distinguished Philip Alston’s scholarship and teaching tradition in international law. Elihu Root, focus primarily on human rights law and the Founding President of the American Society law of international organizations. He directs of International Law (1906-1907) and U.S. the NYU Law Center for Human Rights and Secretary of State, was a leading alumnus, Global Justice, and was previously Chair- and the early faculty included Clyde person of the U.N. Committee on Economic, Eagleton and other prominent scholars. The (l-r): NYU Law Professors Andreas Lowenfeld, Theodor Social, and Cultural Rights (1991-1998), and Law School’s appointment of Thomas Franck Meron, and Thomas Franck an independent expert appointed by the U.N. in 1960, Andreas Lowenfeld in 1967, and Secretary-General to advise on the future of Theodor Meron in 1978 charted the course human rights treaty monitoring arrange- for what has become an outstanding inter- School has recruited four of the leading fig- ments (1989-1997). Alston is Editor-in-Chief national law program. All three are members ures among established younger scholars— of the European Journal of International Law of the prestigious Institut de Droit Interna- Philip Alston (international human rights), and author of the casebook, International tional, all have recently argued different cases David Golove (constitutional law of foreign Human Rights in Context: Law, Politics, Moral before the International Court of Justice, relations, and international justice), Benedict (with Henry J. Steiner, 2nd ed., 2000). An and all have served as prominent judges or Kingsbury (public international law), and interview with Alston is on page 59. arbitrators. They have published more than Joseph Weiler (European Union and inter- 50 books between them, and along with national economic law)—along with excep- Vicki Been distinguished colleagues in special areas (see tionally promising entry-level faculty such Professor of Law faculty profiles below), have trained thou- as Mattias Kumm (relations between inter- Vicki Been has long been at the cutting sands of students in international law. The national and national law and institutions) edge of legal scholarship in the fields of land Center for International Studies, founded and Katrina Wyman (international environ- use and environmental law. Her recent by Thomas Franck in 1965, has provided mental law). Building on the work of the work examines the Fifth Amendment pro- fellowships enabling several hundred stu- senior faculty and other eminent colleagues, hibition against the taking of property in dents to specialize in international law and these scholars are launching innovative the context of the North American Free has been a landmark institution in the international law research centers and stu- Trade Agreement (NAFTA), and a growing study of the United Nations and problems dent programs. At the center of this enter- number of other bilateral and multilateral of international legal order. prise is the Institute for International Law investment agreements, which include pro- Professors Franck, Lowenfeld, and Meron and Justice, which brings together the work visions requiring host states to compensate have recently been joined by a new genera- of a wide range of faculty members involved foreign investors for any “expropriation” tion of outstanding international law pro- in international law issues. Some of that fac- of their investments. She is the author of fessors at NYU Law. Since 1998, the Law ulty work is highlighted here. the casebook, Land Use Controls: Cases and INTERNATIONAL LAW AT NYU 63

Materials (with Robert Ellickson, 2000). In Spring 2002, Been organized the conference “Regulatory Expropriations in International Professor Thomas M. Franck Joins NYU’s Emeritus Faculty Law” (see page 69). “I can think of no one who has thought harder, to be held at NYU in October 2002. Led by U.N. Paul Chevigny written more, or fought more courageously to Secretary-General Kofi Annan, guests will Joel S. and Anne B. Ehrenkranz Professor of Law promote a more humane, effective, and values- include senior U.N., U.S., and Canadian govern- Paul Chevigny is a human rights lawyer, driven system of international law.” ment officials, judges, ambassadors, academic who prior to joining the NYU faculty in —Professor Harold Koh, Yale Law School colleagues, and former students from far afield. 1977, worked for many years in association Papers presented at the conference’s sessions, with the New York Civil Liberties Union, Although Professor Thomas Franck theoret- reflecting on the themes running through first as Director of the Police Practices Project ically retired this year, he continues to maintain Franck’s work and his achievements, will be and later as a staff attorney. Chevigny’s schol- an almost full-time teaching load. Franck is a published in the NYU Journal of International arship increasingly focuses on international revered figure in international law, who for Law and Politics. human rights issues and international com- decades has been one of the American interna- parative work. He has focused in recent years tional lawyers best known for his capacious- International Law and International on the problems of police violence in Third ness of vision. In scholarship, teaching, Organizations in Situations of Civil War World cities, participating frequently in mis- collegiality, professional contribution, and prac- Since its founding in 1965, the Center for sions for Human Rights Watch, and is the tical impact, he has made signal contributions International Studies has trained hundreds of principal author of three reports (Human in his writing about the Constitution and U.S. students in international law, hosted numerous Rights in Jamaica, Police Abuses in Brazil, foreign affairs, the U.N. and the use of force, the visiting fellows, and overseen a vast output of and Police Violence in Argentina). Chevigny’s “compliance pull” of particular norms in inter- influential published research. Following Direc- interests also have encompassed the theo- national relations, the human right to demo- tor Thomas Franck’s retirement from full-time retical and practical elements of the First cratic governance, and international law as an teaching this year, the research and student Amendment freedom of expression, which engine of Rawlsian fairness. In more than 27 mentoring aspects of the Center will be carried he has analyzed as part of a group of dia- books, as well as innumerable articles, forward by the newly established Institute for logue rights. Professor Chevigny’s Clinic in addresses, legal arguments, and judgments, he International Law and Justice. International Human Rights is a popular has developed a fundamental set of ideas con- This year, the focus of the Center for selection at the Law School. cerning international law, international organi- International Studies conference was Interna- zations, and constitutional law. At the same tional Law and International Organizations in Jerome Cohen time, he edited the American Journal of Situations of Civil War. Former U.S. Ambassador Professor of Law International Law, presided over the American to the U.N. and Undersecretary of State Thomas Jerome Cohen is the doyen of senior Society of International Law, counseled nations Pickering delivered the keynote address. American experts on East Asian law. First at before the International Court of Justice, and Participants included U.N. Undersecretary- Harvard, then since 1991 at NYU Law, he has actively participated in numerous domestic General for Legal Affairs Hans Corell, U.N. helped pioneer the introduction of East Asian lawsuits, all while producing a generation of Undersecretary-General and Special Adviser on legal systems and perspectives into American committed students and rising scholars. Africa Ibrahim Gambari, U.S. State Department legal curricula. He draws on his immense prac- Eloquent testimony to the esteem in which Legal Advisor William H. Taft IV, and prominent tical experience in Chinese law in courses on Franck is held is provided by the list of atten- academics, senior officials, and non-govern- international business contracts and economic dees at a celebratory conference, “International mental organization leaders from around the cooperation with East Asia, Chinese law and Law and Justice in the 21st Century: The world. Papers focused on issues arising from society, and comparative international law. Enduring Contributions of Thomas M. Franck,” international intervention in civil wars.

Rochelle Dreyfuss Pauline Newman Professor of Law Rochelle Dreyfuss’ research and teach- ing interests include intellectual property, privacy, the relationship between science and law, and civil procedure. She has authored several articles on these subjects and has co- authored casebooks on civil procedure and intellectual property law. Previously a con- sultant to the Presidential Commission on Catastrophic Nuclear Accidents, Dreyfuss (l-r): Center for International Studies Director Professor Thomas M. Franck with Junior Fellows Jake Kreilkamp, today leads an American Law Institute proj- Anna Roberts, Owen Lefkon, Margo Kaplan, Christopher Le Mon, Eleanor Lumsden, and Center for International ect on principles to guide multinational civil Studies Coordinator Shelley Fenchel litigation in intellectual property disputes. 64 AUTUMN 2002

Eleanor Fox legal historical scholarship and an important Oppenheim’s Positive International Law” Walter J. Derenberg Professor of Trade Regulation constitutional and legal defense of federal (European Journal of International Law, 2002) Eleanor Fox is a globally recognized power. Golove is a member of the faculty and “Reconciling Five Competing Conceptual antitrust and comparative competition law Executive Committee of the Institute for Structures of Indigenous Peoples’ Claims in scholar. Her recent work addresses issues at International Law and Justice and Director of International and Comparative Law” (NYU the intersection of international trade and the J.D.-LL.M. Program in International Law. Journal of International Law and Politics, 2001). competition, and includes articles that explore the disjuncture between national Stephen Holmes Mattias Kumm law and global markets. She recently served Professor of Law Assistant Professor of Law; Director, LL.M.-J.S.D. as a member of the International Competi- Stephen Holmes is a specialist on consti- Program in International Law tion Policy Advisory Committee to the U.S. tutional law and legal reform in Eastern Mattias Kumm is an international and Attorney General. Europe and Russia. His research centers on comparative law scholar, who joined the the history of European liberalism and the NYU Law full-time faculty in Fall 2000. Thomas Franck challenges posed by economic liberalization Drawing on and expanding the scope of lib- Murry and Ida Becker Professor of Law Emeritus and the establishment of democratic gover- eral democratic constitutional theory, Thomas Franck is a leader in the field of nance after the collapse of communism in Kumm asks under what conditions national international law. His scholarly work forms a Eastern Europe, addressing democratic and courts should enforce supranational laws, fundamental set of ideas, well-known to stu- constitutional theory as it relates to post- even when they conflict with national law. dents and practitioners alike, on issues such socialist legal reform in the region and the ori- This involves a thorough reassessment of as legitimacy and fairness in international gins of the welfare state. His work includes some core concepts of the liberal constitu- governance, self-determination and nation- the books The Anatomy of Anti-liberalism tional tradition, including state sovereignty, alism, the relationship between international (1993), Passions and Constraints: On the Theory democracy, and the rule of law. Kumm is a law and national constitutions, and interna- of Liberal Democracy (1995), and The Cost of member of the faculty Executive Committee tional dispute resolution. He has argued a Rights (with Cass Sunstein, 1998). He is for- of the NYU Law Institute for International number of cases before the International merly director of the Soros Foundation pro- Law and Justice. Court of Justice and served as an ad hoc judge gram for promoting legal reform in Russia of the Court in a dispute between Indonesia and Eastern Europe and directs the NYU Andreas Lowenfeld and Malaysia. He is a past President of the Law Center for Russian and East European Herbert and Rose Rubin American Society of International Law Law. He is Editor-in-Chief of East European Professor of International Law (1998-2000) and served as Editor-in-Chief Constitutional Review, a journal that tracks Andreas Lowenfeld’s extraordinary body of the American Journal of International Law the constitutional development of the of work traverses public and private inter- from 1984-1993. Franck is the author of region through quarterly offerings of aca- national law. His recent writing includes more than 25 books, including Nation demic articles, roundtables, and symposia works on transborder kidnapping, North Against Nation: What Happened to the U.N. by regional and foreign scholars. His latest American Free Trade Agreement (NAFTA) Dream and What the U.S. Can Do About It work focuses on evaluation and critique disputes, liability of airlines for disasters (1985); Political Questions/Judicial Answers: of efforts by international institutions such caused by terrorism, economic sanctions, Does the Rule of Law Apply to Foreign Affairs? as the World Bank to promote “rule of law” and the enforcement of foreign judgments. (1992); Fairness in International Law and in transitional and developing countries, Lowenfeld is frequently an arbitrator in Institutions (1995); The Power of Legitimacy and on the global implications of anti- international disputes, public and private, Among Nations (1990); The Empowered Self: terrorism measures. and has argued a number of important Law and Society in the Age of Individualism Supreme Court cases concerning interna- (1999); and Recourse to Force: State Action Benedict Kingsbury tional law, arbitration, and jurisdiction. Against Threats and Armed Attacks (2002). Professor of Law; Director, Institute Along with Professor Linda Silberman, he is for International Law and Justice a reporter for the American Law Institute David Golove Benedict Kingsbury is a highly regarded International Jurisdiction and Judgments Professor of Law; Director, J.D.-LL.M. Program international law scholar, whose theoreti- Project, aimed at the development of fed- in International Law cally grounded approach to international eral legislation to govern the recognition David Golove has secured a reputation as law closely integrates legal theory, political and enforcement of foreign judgments in one of the most original and promising schol- theory (including international relations U.S. courts. ars in constitutional law. His recent scholarship theory), and history. Professor Kingsbury is addresses core constitutional questions arising the Director of the Institute for International Theodor Meron from foreign relations law and the exercise Law and Justice at NYU Law and also Charles L. Denison Professor of Law of the U.S. treaty-making power. His book- directs the Law School’s new Program in the Theodor Meron, a renowned authority length article for the Michigan Law Review, History and Theory of International Law. on human rights and humanitarian law, is “Treaty-Making and the Nation: The Histor- His recent publications include: “Legal currently on leave to serve as a Judge on ical Foundations of the Nationalist Concep- Positivism as Normative Politics: Interna- the International Criminal Court for former tion of the Treaty Power,” is a major work of tional Society, Balance of Power and Lassa Yugoslavia in The Hague. Also a prominent INTERNATIONAL LAW AT NYU 65

NYU Law Alumni and Faculty Serve on International Courts and Tribunals

Three of the 15 regular judges of the the U.S. and Iran and their nationals arising International Court of Justice (ICJ) are NYU Law from the U.S.-Iran crisis after the 1979 revolu- alumni, continuing a strong tradition of the tion in Iran. appointment of NYU Law international law fac- In 2001, NYU Law Professor Thomas Franck ulty and alumni to high-profile positions as was asked by the Republic of Indonesia to be a judges and arbitrators on international courts judge ad hoc in a case concerning two disputed and tribunals, as well as representing states in islands claimed by Malaysia and Indonesia. international litigation. Under article 36(1) of the Statute of the ICJ, In October 2001, the General Assembly and Nabil Elaraby Thomas Buergenthal states’ parties to a dispute that do not already the Security Council of the United Nations elected have a judge of their nationality on the Court are NYU Law alum Nabil Elaraby (LL.M. ’69, J.S.D. on human rights and public international law. entitled to name a judge to sit on condition of ’71) of Egypt as a judge of the International Court Judge Gonzalo Parra-Aranguren joined the complete equality with the permanent judges for of Justice. Elaraby joins Thomas Buergenthal ICJ in 1996 and was reelected in 2000. Parra- the purposes of the proceedings. Franck has (’60) of the United States and Gonzalo Parra- Aranguren is a private international law special- also been an advocate before the ICJ in a num- Aranguren (MCJ ’52) of Venezuela as the third ist and held a number of important judicial ber of important cases, including on behalf of NYU Law graduate among the 15 judges currently positions in Venezuela prior to joining the ICJ. He Chad in the territorial dispute between Chad and serving on the Court. They continue in the path of acted as an arbitrator, both in Venezuela and Libya in 1990-1994. In a separate case, he is another NYU alum, the late José María Ruda abroad, in cases concerning private interna- arguing before the ICJ on behalf of Republic of (LL.M. ’55), who was a judge on the ICJ for two tional commercial matters. Judge Parra- Bosnia-Herzegovina, claiming that Bosnia is nine-year terms and served as President of the Aranguren represented Venezuela in many entitled to compensation from the new govern- Court from 1988 to 1991. Currently, NYU Law international negotiations and treaty-making ment of Serbia-Montenegro for genocide com- Emeritus Professor Thomas Franck is also serv- conferences, including work at The Hague mitted by the former Serbian government. ing on the ICJ as an ad hoc judge. Conference on Private International Law, and NYU Law Professor Theodor Meron, a world- The ICJ is the judicial arm of the United has published a large number of books, articles, renowned scholar of international criminal law, Nations. It decides major questions of interna- and essays concerning the law of nationality, humanitarian law, and human rights law, is cur- tional law in cases referred to it by govern- private international law, and international civil rently on leave from NYU Law to serve as a ments, and also gives advisory opinions at the procedural law. judge on the International Criminal Tribunal for request of U.N. bodies. The permanent judges of The late Judge José María Ruda was a the former Yugoslavia (ICTY) in The Hague. The the International Court are each of a different much-respected President of the ICJ, serving on ICTY was established in 1993 by the U.N. nationality and together represent the principal the Court from 1973-1991. Judge Ruda took Security Council to investigate and try individu- legal systems of the world. leading roles in cases involving environmental als accused of serious violations of international Judge Nabil Elaraby has been a leading issues, human rights, and labor, and played a humanitarian law committed in the territory of international lawyer and diplomat, representing noteworthy part in the adjudication of the the former Yugoslavia. The judges of the Tribunal Egypt at the U.N. in New York City, as well as volatile frontier dispute between Burkina Faso are selected through secret balloting by the serving as a member of the U.N. International and the Republic of Mali during the 1980s. states represented at the U.N. Professor Meron Law Commission. He has also been a member Before joining the ICJ, Ruda held senior diplo- had earlier been involved in cases before the of the U.N. Compensation Commission in matic posts in the Argentine government and ICJ, representing the U.S. in a recent major case Geneva determining monetary claims arising served as a member and president of the U.N. concerning a dispute with Germany about the from the 1990-1991 Gulf War, and is the author International Law Commission. After completing interpretation of the Vienna Convention on of numerous articles and essays on interna- his term at the ICJ, Ruda was named to preside Consular Relations, and he was also closely tional law, especially concerning arms control over the Iran-United States Claims Tribunal at involved in drafting the Statute of the new and peacemaking. The Hague, established to arbitrate claims by International Criminal Court. Judge Thomas Buergenthal, who joined the Professor Andreas Lowenfeld has served as Court in 2000, has had an outstanding career an arbitrator in more than 50 international com- since graduating as a Root-Tilden Scholar from mercial arbitrations, involving some 25 coun- NYU Law in 1960. He served as President of the tries, and he served as a panelist in one of the Inter-American Court of Human Rights, as a leading cases under the General Agreement on member of the U.N. Truth Commission for El Tariffs and Trade (GATT). Professor Lowenfeld Salvador (1992-1993), and as member of the has represented the U.S. before the Iran-U.S. U.N. Human Rights Committee (1995-1999). Claims Tribunal and in an Air Services Buergenthal is also a distinguished academic, Agreement arbitration, as well as before the ICJ authoring numerous works including leading texts in a dispute with Iran.

COURTESY PHOTO VAN DER PLAS AND VAN EEDEN 66 AUTUMN 2002

authority in general international law, he with European human rights organizations Groupe des Sages advising the Commission was, until recently, Editor-in-Chief of the on the application of international law to the of the European Union on the Amsterdam American Journal of International Law. He has pub- U.S. death penalty and on the intersection Treaty. Recently he was part of a group advis- lished numerous books, including Investment between European economic interests and ing on the European Commission White Paper Insurance in International Law and Bloody human rights in the U.S. on Governance. Weiler was also recently Restraint: War and Chivalry in Shakespeare. appointed the Joseph Straus Professor of Law. Richard Stewart His many publications include The European Burt Neuborne Emily Kempin Professor of Law; Court of Justice (with G. de Búrca, 2001); The John Norton Pomeroy Professor of Law; Director, Center on Environmental and Land Use Law EU, the WTO and the NAFTA (2000); and Director, Brennan Center for Justice Recognized as one of the world’s leading The Constitution of Europe—Do the New For 30 years, Burt Neuborne has been scholars in environmental and administra- Clothes Have an Emperor? (1998). one of the nation’s foremost civil liberties tive law, Richard Stewart has published lawyers, serving as National Legal Director eight books and more than 70 articles in Katrina Wyman of the ACLU, Special Counsel to the NOW this area. His writing has been influential in Assistant Professor of Law Legal Defense and Education Fund, and shifts to the recognition of the value of mar- Katrina Wyman joined the NYU Law as a member of the New York City Human kets in strengthening environmental pro- faculty in 2002. She is a graduate of the Uni- Rights Commission. At the same time, tection, rather than the command and versity of Toronto and Yale Law School. Her Neuborne has forged a national reputation control regulation that was long the only research focuses on regulatory and market- as a constitutional scholar and teacher. He model. Stewart directs the School’s Center based approaches to reducing atmospheric has worked on several transnational human on Environmental and Land Use Law, pollution and to fisheries management. Her rights cases, and is well-known for his cen- which sponsors research, conferences, and teaching interests include international envi- tral role in a series of recent cases against publications on cutting-edge issues of envi- ronmental law and international fisheries law. banks, insurance companies, and industrial ronmental and land use law. He is the corporations related to the Holocaust. author of important works on the use of tradable permits to increase the efficiency of Hauser Global Law Faculty Linda Silberman controls on global climate change and codi- Working in International Law Martin Lipton Professor of Law rects a major research project on genetically Linda Silberman’s early articles on U.S. modified organisms. While remaining affiliated with their federal magistrate judges and special mas- national universities, Hauser Global Law ters are considered the authoritative works Frank Upham Faculty are in residence at NYU Law for in the field. More recently, her writing in Professor of Law; Faculty Director, seven weeks, or a full semester, to teach the area of international child abduction led Global Public Service Law Project courses, engage in research, and enrich the to her service as expert consultant to The Frank Upham oversees, with his own Law School with their expertise. Some of Hague Conference on Private International mentor, Jerome Cohen, a growing program in the Global Faculty specializing in interna- Law to review the operation of The Hague East Asian law. Author of an acclaimed book tional law are described below. Convention on the Civil Aspects of on law and social change in Japan, Upham’s Professor Philip Allott is a fellow of Trinity International Child Abduction, and subse- scholarship increasingly focuses on global College, Cambridge University, and special- quently as a member of the United States law and development issues, including the izes in legal philosophy, international law, delegation. She is Co-Reporter (with roles of lawyers in social change. He directs and European Community law. Allott has Professor Andreas Lowenfeld) of an Ameri- NYU’s pioneering LL.M. program in Global taught courses on the history of legal phi- can Law Institute Project on International Public Service Law, which attracts out- losophy, on legitimacy and justice in the Jurisdiction and Judgments, directed to the standing students from all over the world. international system, and on global social development of federal legislation to gov- transformation (often co-teaching with ern the recognition and enforcement of for- Joseph Weiler Thomas Franck and David Richards). eign judgments in U.S. courts. European Union Jean Monnet Professor; Chair and Professor Eyal Benvenisti is Professor of Law Faculty Director, Hauser Global Law School Program; and Director of The Cegla Center for Inter- Bryan Stevenson Director, Jean Monnet Center for International disciplinary Research of the Law at the Buch- Associate Professor of Clinical Law and Regional Economic Law & Justice mann Faculty of Law, Tel Aviv University. Bryan Stevenson is recognized as one of Joseph Weiler’s influential body of scholar- Benvenisti joins the Hauser Global Law the nation’s top public interest lawyers and ship traverses European Union law, interna- Faculty in 2003. He is an expert on interna- has written extensively on criminal justice, tional and regional trade law, and international tional environmental water law issues as well capital punishment, and civil rights issues. In legal and political theory. He served as a as human rights and legal theory, and his recent years Stevenson has become increas- member of the Committee of Jurists of the recent work addresses the interplay between ingly involved in international human rights Institutional Affairs Committee of the Euro- international and constitutional law, with a issues. He has advised lawyers and provided pean Parliament, co-drafting the European focus on the position of national minorities. assistance throughout the Caribbean in Parliament’s Declaration of Human Rights Professor Hilary Charlesworth is Professor death penalty cases and is currently working and Freedoms, and was a member of the and Director of the Center for International INTERNATIONAL LAW AT NYU 67 and Public Law at the Australian National Professor Philippe Sands was a founder of Organisms with NYU Professors Dorothy University, Canberra. Her scholarly work the Foundation for International Environ- Nelkin and Richard Stewart. focuses on feminist approaches to interna- mental Law and Development, and holds a Professor Michael Trebilcock,a prominent tional law, and she has published widely chair at University College, London Univer- scholar in the law and economics move- on issues related to the international human sity. An inaugural member of NYU Law’s ment, is based at the University of Toronto. rights of women. In Spring 2002 Charles- Hauser Global Faculty, he has taught semi- At NYU he teaches the relations between worth taught a seminar on gender and nars on international environmental law, economic, social, and regulatory policy, human rights. dispute resolution in international law, and and international trade law. His book, Professor Radhika Coomaraswamy is concur- European Union law. He codirects the The Regulation of International Trade (with rently the United Nations Special Rappor- research program in International Conflict Robert Howse, 1999), is a leading text in teur on Violence Against Women and in the Regulation of Genetically Modified the field. ■ Director of the International Centre for Ethnic Studies in Colombo, Sri Lanka. Her scholarship addresses issues such as human rights, minority rights, and constitutional Faculty Activities and Projects theory in respect to the developing world. In 2003, Coomaraswamy will teach courses on Gender, Ethnicity and the Law, and on European Journal of American Law Institute International Human Rights of Women. Professor Jürgen Habermas, widely recog- International Law Projects on International Law nized as one of the world’s most important The European Journal of International Law Professors Andreas Lowenfeld and Linda moral philosophers, teaches philosophy at the (EJIL) is of one of the world’s most innova- Silberman are co-reporters for the American University of Frankfurt. Periodically, Habermas tive and influential international law jour- Law Institute (ALI) International Jurisdiction co-teaches the Colloquium on Legal, Political, nals. The journal emphasizes the conceptual and Judgments Project, the aim of which is and Social Philosophy with Professors Ronald and theoretical dimensions of international to develop a federal statute governing the Dworkin and Thomas Nagel. law, seeks to promote and critically analyze treatment of foreign judgments in United Professor Martti Koskenniemi is a highly the European tradition in the field, and seeks States courts. The project arises from consid- respected scholar in international law whose to be at the cutting edge of current contro- eration of the proposed draft Convention on work focuses on legal philosophy and on the versies in the field of international law. It Jurisdiction and Foreign Judgments in Civil history and theory of international law. His organizes regular European-U.S. symposia and Commercial Matters, prepared under book The Gentle Civilizer of Nations: The Rise and provides systematic coverage of the the auspices of The Hague Conference on and Fall of International Law 1870-1960 (2002) relationship between international law and Private International Law. At present there is a defining text on the history of interna- the law of the European Union and its is little uniformity among U.S. courts con- tional law. Koskenniemi will teach regularly Member States. In addition, it provides in- cerning the circumstances under which a at NYU over the coming decade. He works depth coverage of the jurisprudence of determination of a foreign court will be rec- with Benedict Kingsbury in the Program in major international judicial and quasi-judi- ognized and enforced in the U.S. Interna- Theory and History of International Law. cial organs including the WTO Appellate tionally, there is considerable uncertainty Professor Ratna Kapur, one of India’s lead- Body, the International Court of Justice, about the ways in which courts in one coun- ing feminist scholars, is director of the and the international criminal tribunals. It try will interpret and apply decisions from Center for Feminist Legal Research in New also has an extensive and innovative Web another jurisdiction. National U.S. standards Delhi, India. She has co-authored two books, site. The journal is published as a collabora- on principles of recognition would ensure and published numerous articles, reviews and tive effort between the European University uniformity among U.S. courts and would be reports addressing feminism in interna- Institute in Florence and the NYU Hauser subject to Supreme Court superintendence. tional law from the perspective of women in Global Law Program. EJIL’s Editor-in-Chief The project confronts important questions developing countries. She is expected to teach since 1996 is NYU Law Professor Philip concerning the role of the federal government again at NYU Law in 2003-2004. Alston, who joined the faculty in 2002. (as opposed to states) with respect to matters Professor Joseph Oloka-Onyango is Dean of NYU Law Professor Joseph Weiler was one of private international law. the law school at Makerere University in of the founders of the EJIL and is active on Professor Rochelle Dreyfuss also leads Kampala, Uganda, and a member of the its editorial board. Both Alston and Weiler an ALI project on issues arising from the United Nations Sub-Commission on Pre- are members of the faculty Executive draft proposed Hague Convention on vention of Discrimination and Protection Committee of the Institute for International Jurisdiction and Foreign Judgments in Civil of Minorities. His scholarship focuses on Law and Justice. The journal’s advisory board and Commercial Matters. Dreyfuss’ work human rights and justice in international includes NYU Law Professor Benedict concerns the impact of the proposed Con- law. In Fall 2002, Oloka-Onyango is teach- Kingsbury, and NYU Hauser Global Law vention on multinational civil litigation in ing two seminars: Globalization and Human Faculty members Martti Koskenniemi (Hel- intellectual property disputes. Dreyfuss is Rights, and Human Rights Issues in Africa’s sinki) and Philippe Sands (London). working with two colleagues—Professor Jane Democratic Transition. Ginsburg (Columbia) and Professor François 68 AUTUMN 2002

Dessemontet (Lausanne)—to elaborate a Holocaust Litigation Tribunal, it has been understood that per- set of principles on procedural issues arising sons who engage in genocide, war crimes, in multinational intellectual property dis- and Settlement or other blatant violation of civilized norms putes. The principles will address the issues of can be brought to justice in a court of law. jurisdiction, recognition and enforcement For the past six years, Professor Burt But almost no progress has been made in of foreign judgments, and conflicts of laws. Neuborne has been engaged in interna- providing financial redress to the victims of New technologies, especially the Internet tional human rights litigation designed to private exploitation. Neuborne’s Holocaust and satellite transmissions, make it increas- provide relief to Holocaust victims. The work is an effort to develop effective means ingly likely that intellectual property rights first case was designed to force Swiss banks of redress, based in unjust enrichment doc- will be infringed simultaneously in several to account for funds deposited on the eve of trine, that would force a private person who different territories and that courts in their the Holocaust by victims of Nazi persecu- profited from the commission of crimes respective jurisdictions will deliver inconsis- tion. The tragic reality of the Holocaust is against humanity to hold the profits in tent or incompatible judgments. that most of the depositors perished, along trust for the victims. with the information needed to trace the accounts. After the war, the Swiss banks, Competition Law, Trade, International Work embarrassed at having transferred many of on Death Penalty Issues the accounts to the Nazis, declined to coop- and the Interests of erate with the families of victims in seeking Developing Countries Bryan Stevenson, Associate Professor of to trace the Holocaust-related accounts. Clinical Law and Executive Director of the After a period of intense litigation, the Professor Eleanor Fox began her career Equal Justice Initiative of Alabama, has Swiss bank case was settled for $1.25 billion. in the area of U.S. antitrust law, in which become increasingly involved in the inter- The court appointed Neuborne to serve as she continues as a highly respected scholar national arena in recent years. Earlier in his lead settlement counsel in the Swiss bank and policy adviser. She subsequently extended career he campaigned against a referendum cases. The NYU Law connection also involves her work to comparative law: the competi- on the death penalty throughout Brazil at Melvyn I. Weiss (’59), a distinguished alum- tion law of the European Union, the com- the request of the Center for the Study of nus and trustee, who was the chief nego- petition laws of the emerging democracies Violence in Saão Paolo. He is currently advising tiator and one of the driving forces behind after the fall of the Berlin wall, and now the the European Roma Rights Center on legal the litigation. competition laws of developing countries strategies to protect the Roma, who are fre- Neuborne was also involved in a second and the clashes between industrial policies quently targeted for unfair and unjust treat- set of cases to gain compensation from to protect local cultures and the market ment in Eastern Europe. German companies for persons forced to forces unleashed by liberalized trade. Stevenson has provided assistance on perform slave labor during World War II. A second branch of her current work several Caribbean cases and aided in the Despite the blatantly unlawful nature of the focuses on issues of globalization, jurisdiction- development of effective legal strategies in slavery, German companies had refused to al conflicts, and internationalization of law, capital cases for the region. He assisted in pay compensation to the workers, arguing viewed especially through the window of work leading to the carefully reasoned 2001 that it was the responsibility of the German competition policy. She writes and advises on judgment of the Eastern Caribbean Court government. The German government the intersection of trade and competition in of Appeal that the mandatory imposition of declined responsibility, arguing that it was the context of the World Trade Organization the death penalty violated the constitution up to the companies to compensate their and other possible systems for governance and as inhumane and degrading punishment. wartime workforce. After 50 years of neg- coordination. She applies her work on the Subsequent to that decision, in March of lect, more than 50 lawsuits were filed against constitutional scheme of the European Union 2002, in the case of The Queen v. Hughes, the German companies. Neuborne argued the to the problems of global markets, national Privy Council declared the mandatory impo- principal cases. At the urging of President law, and national value preferences. Her sition of the death penalty in the Eastern Bill Clinton and German Chancellor writing implicates questions of sovereignty, Caribbean and Belize unconstitutional. Gerhard Schroeder, the parties engaged in the apportionment of competencies, and the In 1999, Stevenson was invited by Boris an unprecedented international negotiation, problems and opportunities of a more porous Yeltsin and the Council of Europe to lasting 18 months and involving private state in a partially globalized order. address members of the Russian parliament lawyers, corporate executives, government A representative sample of Fox’s recent on the topic of capital punishment in the officials, and victims’ groups. The negotia- work includes her article, “Antitrust and Reg- U.S. Yeltsin that day commuted the death tions culminated in July 2000 in the estab- ulatory Federalism: Races Up, Down and sentences of all condemned prisoners in lishment in Berlin of a 10 billion DM German Sideways,” in NYU Law Review (2000); her Russia. Stevenson is now working with Foundation—“Remembrance, Responsibil- essay, “Global Markets, National Law, and the European human rights organizations on ity and the Future”—designed to pay com- Regulation of Business,” in a volume on Trans- the application of international law to the pensation to Holocaust victims. national Legal Process: Globalization and Power U.S. death penalty and on the intersection From a legal standpoint, the Swiss and Disparities (2002); and the second edition of between European economic interests and German litigation was designed to close a hole the casebook she co-authored, Cases and human rights in the U.S. in international law. Since the Nuremberg Materials on European Union Law (2002). ■ INTERNATIONAL LAW AT NYU 69

investment agreements include provisions protections are likely to affect domestic International Law requiring host states to compensate foreign environmental and social regulation in the investors for any “expropriation” of their future. The conference papers will be pub- Events investments. These legal protections were lished in a forthcoming issue of the NYU originally developed to protect against out- Environmental Law Journal. This ongoing right nationalization of foreign invest- research will be of special relevance to the Each year, NYU Law organizes and hosts ments, but the past decade has seen a proposed Free Trade Agreement of the Amer- events examining current international growing number of international claims icas (FTAA), as negotiators face the issue of legal policy questions. These events bring alleging that environmental or other gov- whether and what kind of investor protec- together international legal scholars, advis- ernment regulations violate the provisions. tions against host state regulation should be ers, and practitioners working in diverse Perhaps the most dramatic example is a included, and what the likely effects on fields to advance thinking on a wide range of current claim by Canadian firm Methanex environmental and other regulations will be. international law topics. A few of the many against the United States for nearly $1 bil- recent NYU events are described below. lion, arguing that California’s recent phase- out of the gasoline additive MTBE requires Foreign Ministry Legal compensation under NAFTA. Advisers Roundtable Regulatory Expropriations The conference was organized by Pro- in International Law fessor Vicki Been, an expert in land use law Scholars and practitioners met at NYU and U.S. “takings” jurisprudence, and NYU for a roundtable on the role of the Foreign A veritable who’s who of academics, Hauser Global Law Professor Philippe Ministry Legal Adviser, cosponsored by NYU practitioners, and policymakers in the areas Sands, an international law scholar and Law and the British Institute of Interna- of environmental, land use, comparative, litigator. The event brought together tional and Comparative Law. The event was and international law gathered at NYU experts on domestic environmental regula- timed to coincide with the presence in New Law to debate how far international trade tion and property, along with comparative York City of many senior foreign ministry and investment agreements should go in and international law luminaries from lawyers and officials and with the election requiring legal protections for foreign Mexico, Canada, the U.S., South America, of the 34 members of the U.N. International investors that claim a host government’s and Europe. Leading academics, govern- Law Commission (ILC) for the 2002-2006 environmental or land use regulations ment officials, legal advisers, arbitrators, quinquennium, which took place at the diminish the value of their investments. and non-governmental organization repre- 56th session of the U.N. General Assembly. This issue is a focal point in the broader sentatives took part. The first of what Professor Benedict debate over the tensions between liberaliz- Conference panels considered, among Kingsbury, organizer of the event, hopes ing international trade and investment and other things, whether and what types of will be regular meetings, focused on three maintaining domestic protection for the property protections should be included in topics. Sir Franklin Berman, former Legal environment, public health, and labor. international investment agreements, how Adviser to the United Kingdom Foreign and The North American Free Trade the mechanisms for the resolution of Commonwealth Office, spoke on managing Agreement (NAFTA) and a growing num- investor-state disputes can be improved, and the legal adviser’s simultaneous roles as civil ber of other bilateral and multilateral the ways in which international property servant, with a duty to government ministers; as a member of a legal profession, with eth- ical obligations; and as a litigator, with duties to the Court. Drawing on their personal experiences, the attendees explained how state practice differs in the use of legal advisers, with several speakers emphasizing the complexities of assuring cooperation between the office of the legal adviser and other government departments. NYU Hauser Global Law Professor Richard Goldstone, a judge on South Africa’s Constitutional Court, spoke about the vital role of personal contact with government legal advisers during his foundational service as the first Prosecutor on the International Criminal Tribunal for former Yugoslavia, during which obtaining rapid governmen- (l-r): Regulatory Expropriations conference participants Hugo Perezcano, General Counsel for International Trade Negotia- tal support was on several occasions crucial tions, Secretariat of the Economy, Mexico; Lori Wallach, Director, Public Citizen’s Global Trade Watch; Darryl Lew, Hunton & to the Tribunal in obtaining evidence and Williams; and NYU Law Professor Mattias Kumm custody of indictees. 70 AUTUMN 2002

Dr. Campbell McLachlan, of the British Branch of the International Law Association, spoke on “Managing Litigation.” He empha- sized the legal adviser’s strategic role in coordinating the various actors involved in a case as well as in marshaling the evidence in increasingly fact-sensitive international liti- gation. The discussion included debate on whether a genuine international bar is emerg- ing and whether this is desirable. The third and final session, titled “Crisis Management,” was headed by Pemmaraju Sreenivasa Rao, the Legal Adviser in the Min- istry of External Affairs, India. Rao offered practical advice on how to cope with the daily challenges of serving as a government legal adviser, including how to tackle the crisis situations that inevitably emerge. The (l-r): Professor Benedict Kingsbury, Sir Franklin Berman, Justice Richard Goldstone, and Dr. Campbell McLachlan at the attendees were sensitive to the need to bal- roundtable on the role of the Foreign Ministry Legal Adviser ance the pressures imposed on legal advisers by political exigencies with the need to evaluate a situation and formulate a sound Despite their importance, the complex phe- attitudes may reflect not a change in U.S. legal analysis. nomena of U.S. attitudes to multilateral behavior but a change in the international treaties have not been satisfactorily described, system, with more agreements with impor- explained, or evaluated. As an initial explo- tant governance implications than existed Roundtable on U.S. ration of a project to investigate these issues hitherto. Third, U.S. constitutional struc- Approaches to Multilateral in greater detail, NYU Professors David ture and political understandings, including Golove, Benedict Kingsbury, and Mattias the minority veto rule under which the Treaties Kumm, together with Nico Krisch, a Visit- approval of two thirds of the Senate is ing Fellow at the Law School’s Center for thought to be required for certain treaties, The Bush Administration’s abrupt rejec- International Studies, convened a day-long provide a large number of opportunities for tion of the Kyoto Protocol on control of fos- roundtable with members of NYU’s perma- special interest groups to intervene to sil fuel emissions causing climate change, nent and global faculty as well as colleagues derail a proposed treaty. Fourth, U.S. gov- without consulting the other negotiating from several New York law schools, the Euro- ernmental processes and public culture states or offering any alternative policy, is pean University Institute, the Universities may be more legalistic than in some other emblematic of a United States reluctance to of Bonn and Munich, Duke University, countries—treaties are scrutinized with participate in major multilateral treaties the U.S. Justice Department, and other great intensity by phalanxes of lawyers that is causing increasing concern abroad. institutions. from numerous government agencies The U.S. remains outside the Biodiversity One session of the roundtable sought to whose concerns on a small detail or a con- Convention, the Basel Convention on explore the causes for U.S. reluctance to such ceivable but improbable interpretation may export of hazardous wastes, the Landmines treaties. In a discussion chaired by Professor cause the government not to move forward. Convention, the Geneva Protocols on the Kingsbury and introduced by Jonathan European governments in the EU may be laws of war, the Comprehensive Test Ban Wiener from Duke Law School, the group more willing to trust to good sense and Treaty, the International Criminal Court, considered five factors that might help flexibility to work out such issues once and several significant human rights explain U.S. attitudes. First, the U.S. as a a treaty is in force. But egregious U.S. treaties. On the other hand, the U.S. has single superpower can afford to stay outside non-compliance, with regard to consular been an active proponent of the World some agreements that might constrain its access notifications to foreign defendants Trade Organization (WTO) and the North freedom of action—but doubts arise about in U.S. capital cases, makes some skeptical American Free Trade Agreement (NAFTA), this as a decisive explanation because the about the avowed legalism of the Wash- U.S. leadership has been important in the U.S. has been reluctant to enter constrain- ington bureaucracy. Fifth, the U.S. on some Whaling Convention and other environ- ing agreements at times in its history when issues holds fundamentally different posi- mental treaties, the U.S. provides substan- it was not the leading power. Second, the tions to those embraced by international tial support to the International Criminal U.S. domestic ideology of popular sover- institutions, as with U.S. insistence on the Tribunal for former Yugoslavia and other eignty may be so strong as to raise major death penalty, or U.S. insistence on full enforcement bodies, and the U.S. follows concerns about any transfer of significant use of market mechanisms and tradable policies that support the broad thrust of powers to an extra-national body. If this is emissions permits in the Kyoto Protocol several treaties to which it is not party. so, current international concerns about U.S. negotiations. INTERNATIONAL LAW AT NYU 71

Student-Organized Symposia and Conferences The Prospective Role of Economic and

Taking advantage of NYU’s reputation Social Human Rights in the Law of International Trade and New York City location, and the excep- Liberalization and Economic Integration tional interest in international law topics within the School, different student groups In 2002, the Journal of International Law of promoting development, rather than neo-lib- organize a multitude of conferences and and Politics (JILP) hosted a panel discussion on eral efficiency maximization. Professor Alston presentations at the Law School on topics “The Prospective Role of Economic and Social sought to counter the skepticism Professor Fox related to international law, in addition to Human Rights in the Law of International had expressed about the juridical value of pro- public service events and student trips. Trade Liberalization and Economic Integration.” claiming economic and social rights, arguing Professor Benedict Kingsbury moderated the that using human rights mechanisms is more Prostitution, Trafficking, panel, which included NYU Law Professors Philip likely to achieve results for the worst off people and the Global Sex Trade in Women Alston, Eleanor Fox, Global Visiting Professor than are negotiations at the WTO. Professor Sájo, Two student groups, Law Women and András Sájo, and University of Nairobi Law a prominent Hungarian human rights lawyer, the International Law Society, held a sym- Professor J.M. Migai Akech. explained why he believed that the involvement posium called Prostitution, Trafficking, and Professor Fox focused on the improvements of Hungarian courts in seeking to uphold eco- the Global Sex Trade in Women. Four panels in social and economic equity that would result nomic and social rights through judicial decision addressed the nature, definition, criminal- from a fairer global trading system, in particular had unjustifiably derailed and distorted genuine ization, and effects of the global sex trade. by rich countries lifting the very costly barriers welfare reform that was needed in Hungary. Participants included Hauser Global Law they have set against imports of textiles, apparel, However he endorsed the careful approach of faculty member Radhika Coomaraswamy, agricultural products, and other developing the South African Constitutional Court in the United Nations Special Rapporteur on country exports. Professor Akech, who is from Grootboom case (2000), holding that the right to Violence Against Women; Janice Raymond, Kenya, argued for more democratic structures of housing required government agencies to design co-executive director of the Coalition global governance that would reduce the domi- adequate programs for housing construction and Against Trafficking in Women (CATW); nance of international institutions, such as the for emergency accommodation, but that the right Pamela Shifman, executive director of Equal- WTO, by rich countries. He urged an approach to did not and could not generally entitle people to ity Now; Ann Jordan, director of the Initia- international trade law that focuses on the goal receive housing immediately. tive Against Trafficking in Persons at the International Human Rights Law Group; Laura Lederer, director of The Protection Project at Johns Hopkins University; Dorchen Leidholdt, co-executive director of CATW; Vednita Carter, executive director of Breaking Free; and Ruchira Gupta, proj- ect officer at the United Nations Children’s Fund (UNICEF).

JILP Symposia Founded in 1968 by a group of students including Carol Bellamy, the current head of the United Nations Children’s Fund (UNICEF), the student-edited Journal of International Law and Politics ( JILP) features JILP editors Blair Greber-Raines (’02) and Ryan Candee (’02) with Professors Akech, Fox, Kingsbury, Alston, and Sajo articles on diverse topics in both public and private international law by leading schol- ars and practitioners, as well as student in designing and organizing a symposium on Abduction (2000); and The Proliferation of notes, case comments, and book annota- a topic chosen by the JILP Board. Recent International Tribunals: Piecing Together tions. Since 1996, students of JILP have JILP symposia include The Prospective the Puzzle (1999). The 2003 JILP Sympo- been working on the major project of devel- Role of Economic and Social Human Rights sium will deal with “Oil and International oping and publishing the International in the Law of International Trade Liberaliza- Law: The Geopolitical Implications of Citation Manual (ICM). The ICM will serve tion and Economic Integration (2002); The Petroleum Corporations,” including issues as the international version of the Bluebook, Effects of Globalization on Small States of corporate responsibility, human rights, detailing the citation styles of international (2000); Celebrating 20 Years: The Past and environmental management, territorial and organizations and countries throughout the Promise of the 1980 Hague Convention on maritime boundaries, and relations between world. Students each year work with faculty the Civil Aspects of International Child international law and geopolitics. 72 AUTUMN 2002

Celebrating 20 Years: The Past and Promise Unification Among International Institutions: Judicial Bodies: The Pieces of the Puzzle;” of the 1980 Hague Convention on Civil The World Trade Organization;” Professor and Judge Tullio Treves (Milan), “Con- Aspects of International Child Abduction Benedict Kingsbury (NYU), “The Prolifer- flicts Between the International Tribunal In 2001, JILP published an excellent ation of International Courts and Tribunals: for the Law of the Sea and the International symposium on the international aspects of Is it a Systemic Problem?;” Ernst-Ulrich Court of Justice.” This symposium was part family law and the use of national organiza- Petersmann (European University Institute), of an ongoing research collaboration tions and multinational agreements to solve “Constitutionalism and International Adju- between the Law School and the NYU- problems regarding the determination of dication: How to Constitutionalize the London Project on International Courts the proper forum for child custody adjudi- U.N. Dispute Settlement System?;” Monica and Tribunals. This collaboration resulted cation. Contributors included Karin Wolfe, Pinto (Buenos Aries), “Fragmentation or recently in a major conference on the inde- JILP Senior Symposium Editor; Adair Dyer, Unification Among International Institutions: pendence of the international judiciary, held Former Deputy-Secretary at The Hague Human Rights Tribunals;” Cesare P.R. at NYU’s Villa La Pietra in Florence, Italy, Conference on Private International Law; Romano, “The Proliferation of International in June 2002. ■ William Duncan, First Secretary of The Hague Conference on Private International Law and Professor of Law and Jurispru- dence at Trinity College; Jeffrey Kovar, Internships, Clerkships, and Fieldwork Assistant Legal Adviser for Private Inter- national Law, and Peter Pfund, Special Adviser for Private International law, both Public Interest Internships but the first time that they have worked of the U.S. Department of State. directly for the ICTR in the Office of the in 2003 Prosecutor and in Chambers. In Summer The Proliferation of International Tribunals: 2001, Claudia Flores (’02) and Muriel Iseli Piecing Together the Puzzle The Public Interest Law Center contin- (LL.M. ’01) worked at the ICTR offices at JILP earlier published a very influen- ues to send record numbers of students the International Process and Justice tial symposium on The Proliferation of overseas each year through the Public Project (IPJP). The IPJP, led by Trinity International Tribunals: Piecing Together the Interest Committee (PIC) program, which Professor Rosemary Byrne, seeks to practi- Puzzle. This symposium addressed impor- funds students to do work of their choosing cally assist in the application of the hybrid tant questions about the implications of the at a public interest organization abroad. In evidentiary and procedural rules developed proliferation in recent decades of interna- addition to this flexible funding program, specifically for the international criminal tional courts and tribunals, examining NYU Law continues to develop more spe- tribunals. The IPJP collects and analyzes resulting synergies and indeterminacy in cialized programs in which ongoing rela- data from the ICTR and ICTY (Interna- the international legal system and changes tionships with premier organizations are tional Criminal Tribunal for the former in relationships between international established. These include a new relation- Yugoslavia) courtrooms and periodically actors, and discussing normative responses ship with the International Criminal updates the Justices on their findings, sug- to these altered dynamics. Contributors to Tribunal for Rwanda (ICTR) in Arusha, gesting ways to improve the integration of the volume included Georges Abi-Saab Tanzania, as well as Professor Benedict common law and civil law approaches. In (Graduate School of International Studies, Kingsbury’s seven-year-old program with Summer 2002, NYU Law sent another Geneva and NYU Hauser Global Law the U.N. International Law Commission in intern, Amelie Trahant (’04), to work with School faculty member), “Fragmentation or Geneva. NYU Law works also with other Professor Byrne in Dublin. Unification: Some Concluding Remarks;” organizations such as the Office of the U.N. Eyal Benvenisti (Tel Aviv), “Margin of High Commissioner for Refugees in Geneva; International Law Commission Internships Appreciation, Consensus, and Universal the International Federation of Women One of NYU Law’s longstanding inter- Standards;” Bartram S. Brown (Chicago- Lawyers in Nairobi, Kenya; and the Center national internship programs funds several Kent), “U.S. Objections to the Statute of for Justice and International Law, which has internships each summer with the United the International Criminal Court: A Brief numerous offices in Latin America. Nations International Law Commission Response;” Jonathan I. Charney (Vanderbilt), (ILC). The ILC is the legal codification arm “The Impact on the International Legal Arusha Rwanda Tribunal of the U.N., and meets every summer in System of the Growth of International In the Summer of 2002, four NYU Law Geneva to consider proposals for treaties, Courts and Tribunals;” the late Gennady M. students interned with the International declarations of principle, and other codifica- Danilenko (Wayne State), “The Economic Criminal Tribunal for Rwanda (ICTR) in tions of norms previously only the subject Court of the Commonwealth of Independent Arusha, Tanzania. The interns were: Alexsa of customary international law. Members of States;” Pierre-Marie Dupuy (Paris), “The Alonzo (’03), David Gray (’03), Rasmus the Commission are prominent experts Danger of Fragmentation or Unification of Kieffer-Kristensen (LL.M. ’02), and Roy in public international law and are elected in the International Legal System and the Schondorf (J.S.D. ’04). their individual capacities. International Court of Justice;” John H. This is the second summer that NYU Internship recipients are selected by a Jackson (Georgetown), “Fragmentation or Law students have worked at the Tribunal, Committee composed of former ILC interns INTERNATIONAL LAW AT NYU 73 and chaired by Professor Benedict Kings- debated various topics. I remember vividly LL.M. ’98), now an international environ- bury. Students work with individual Com- the moment that the commissioners com- mental lawyer with the Foundation for missioners, not as U.N. interns. NYU ILC pleted the complicated process of adopting International Environmental Law and Scholarship recipients in Summer 2002, and the articles on state responsibility after a Development in London; Nina Schou (U.S., the ILC Members with whom they worked, half-century of work. ’00), now a lawyer in the U.S. State were: Robert Dufresne, J.S.D. candidate My work at the ILC led me to write my Department; Ardita Abdiu (Albania, LL.M. (Alain Pellet, France); Ben Grimes ’03 Note on the international law aspects of the ’99), who has gone on to work in human (Robert Rosenstock, U.S.); Gita Kothari, April 1, 2001, collision between a Chinese and rights and war crimes investigations in the LL.M. ’02 (Martti Koskenniemi, Finland); an American airplane over the South China Balkans; Kate Aschenbrenner (U.S., ’02) Elina Kreditor ’04 (John Dugard, South Sea. The incident, which had occurred only currently doing a judicial clerkship, intend- Africa); Hiroko Nakayama, LL.M. ’02 a month before I went to Geneva, presents a ing to specialize in immigration and refugee (Chusei Yamada, Japan); Jared Wessel ’04 fascinating example of the law of state respon- law; Maya Steinitz (Israel, LL.M. ’00), cur- (Bruno Simma, Germany); Demian West sibility. The Note is scheduled to be pub- rently a J.S.D. student at NYU Law; and ’04 (Enrique Candioti, Argentina); and Inha lished in the November 2002 issue of the Anna Roberts (U.K., ’03), who in 2001- Yoon, LL.M. ’02 (Hanqin Xue, PRC). NYU Law Review. 2002 held a Center for International Studies Fellowship and is a member of the A Student Perspective Office of the U.N. High Commissioner NYU Journal of International Law and Politics. Margaret Katri Lewis (’03) for Refugees Internships The intern in 2002 was Nicholas Arons When I was selecting a law school, An internship with the Office of the (U.S., ’04). During his undergraduate stud- NYU’s staunch commitment to the Hauser U.N. High Commissioner for Refugees ies in Latin American Studies and Global Law School Program was a key con- (UNHCR) is offered to NYU Law students International Studies at Yale (he graduated sideration. Simply put, my purpose for going for summer work. The UNHCR’s mission in 1998), Arons wrote a thesis based on to law school was not to be a cloistered law is to protect and assist refugees in all parts extensive interviews with Guatemalan student, rather to become an international of the world. It handles matters related to families returning from refuge abroad after lawyer. International issues have been a international protection and repatriation, the Peace Agreements. Subsequently he focus of my academic and professional often amidst civil strife, natural catastrophes, held a Fulbright Fellowship to work on the career, with a particular emphasis on China. or economic collapse. The efforts of UNHCR politics of drought in northeast Brazil. Despite my past focus on Asia, I have have become an integral part of U.N. human- Fluent in Spanish and Portuguese, before found myself increasingly interested in broader itarian and peace-building operations in the Law School he worked as a volunteer in a international issues and, as part of this trend, former Yugoslavia, Sierra Leone, East Timor, non-governmental organization assisting I spent last summer at the U.N. International and Afghanistan, for example. Guatemalan asylum-seekers in the U.S. At Law Commission (ILC) where I worked as an Applicants are selected by a Committee the UNHCR he interned in the Depart- intern for Bruno Simma. The experience gave composed mainly of former UNHCR and ment of International Protection, liaising me a unique look into the formulation of inter- ILC interns and chaired by Professor for UNHCR with other U.N. bodies on national law. In particular, I had the oppor- Benedict Kingsbury. Since NYU’s UNHCR issues of human rights violations and tunity to observe the daily meetings and internship program began in 1998, the par- human rights lawmaking. watch as the commissioners enthusiastically ticipants have been: Alice Palmer (Australia, A Student Perspective Kate Aschenbrenner (’02) Working at the Office of the U.N. High Commissioner for Refugees the summer after my first year of law school was an ideal way to develop my interest in and knowl- edge about the situation of refugees. I worked under the supervision of Carol Batchelor, the Senior Legal Officer on Statelessness. UNHCR’s active involve- ment with the issue of statelessness dates only from 1995-1996, when UNHCR’s Executive Committee and the General Assembly, in recognition of the part that statelessness could play in population dis- placements and potential refugee situations, officially expanded UNHCR’s responsibilities (l-r): NYU Law student Muriel Iseli (LL.M. ’01) interned at the International Criminal Tribunal for Rwanda; Simon Ollerson in this area. At UNHCR, I researched ques- (LL.M. ’01) interned at the U.N. International Law Commission; and Devika Hovell (LL.M. ’01) served as a clerk at the tions of statelessness and a woman’s right to International Court of Justice. They represented NYU in the Rousseau Moot Court Competition (in French). a nationality. Nationality laws frequently 74 AUTUMN 2002

discriminate against women on their face involved judges worldwide and distributed and in practice, and this discrimination at the U.S. State Department. Professor can and often does result in statelessness and Duncan became a phenomenal mentor and numerous violations of the human rights of friend in the world of high-profile interna- women. I was able to construct a legal tional law we had entered. framework, based on the Statelessness Conventions and the provisions of various human rights treaties for the protection of (l-r): Anna-Lisa Corrales (’02) and Kim Seelinger (’02) International Court of Justice women from the denial of their right to a Clerkships nationality. I also illustrated the problems that women continue to face as a result of A Student Perspective The International Court of Justice (ICJ) discrimination in nationality laws, using Kim Seelinger (’02) and Anna-Lisa Corrales (’02) and NYU Law established the pioneering court cases at the international, regional, We must admit—we lucked out with clerkship program together in 1999. Funded and national levels. The resulting paper is our first summer job. The opportunity by gifts to the Law School, the clerkships are being used in training sessions on stateless- came through a mix of our own efforts and available to graduating students and recent ness conducted for government officials and resources of the Law School. Our Civil graduates who perform research and other UNHCR staff. Procedure Professor, Linda Silberman, had tasks to assist the ICJ. My NYU “A paper” analyzed the use of encouraged our class to attend a Law School In 2002 an NYU committee once again customary international law in U.S. court symposium featuring experts on The screened the applications and forwarded six cases involving the indefinite detention of Hague Convention on the Civil Aspects of to the ICJ. Not all of those selected by the foreigners in the United States. I was able International Child Abduction. We realized Court were able to accept the offer. Those to expand on this topic by researching the through the symposium that there was who will serve at the World Court in 2002- international legal framework governing important work being done and the Con- 2003 are Judith Levine (LL.M. ’00) and Anne the detention of asylum seekers while work- vention and the Permanent Bureau of The Rubesame (’01). ing as a Furman intern at the Lawyers Com- Hague Conference on Private International For more information on ICJ clerkships, mittee for Human Rights after my second Law needed additional funding and staff to see page 109. year of law school. This research took place support the treaty’s maintenance. Afterward, in conjunction with a project examining we approached panelist William Duncan, comparative detention practices around the First Secretary at the Permanent Bureau. Other International Clerkships world in order to provide a basis for cri- Armed with our Public Interest Committee In addition to the ICJ clerkship program, tiquing the detention of asylum seekers. summer internship grants, we arranged to the Hauser Global Law School Program has In 2003 I am clerking for Judge send him our résumés with recommenda- sponsored students for clerkships at several Weinstein on the District Court for the tions from Professor Silberman. Three weeks other international courts and national con- Eastern District of New York. Following later, we booked our tickets to the Nether- stitutional courts. For more information, my clerkship, I plan to continue working lands. We were headed to the Permanent see page 109. for immigrants and asylum seekers in a set- Bureau in The Hague to work in the area of ting that both addresses the problems fac- the Child Abduction Convention, under the A Student Perspective ing individuals and searches for solutions to supervision of the First Secretary himself. Margaret Satterthwaite (’99) those problems in law and policy at inter- With the guidance of our immediate I decided to study law while serving as a national, national, and local levels. supervisor, the First Secretary’s legal assis- human rights investigator for the Haitian tant, we helped develop the new Interna- National Truth and Justice Commission in Hague Conference on tional Parental Child Abduction on-line 1995. A new understanding that emerged Private International Law Internships database, Incadat (www.incadat.com). This from my work for the Truth Commission Each year, NYU funds one or two stu- database serves as a tool for judges, lawyers, was the realization that the human rights dents to work over the summer as interns parents, and scholars seeking information movement was not only about risk and com- with The Hague Conference on Private about cases adjudicated around the world mitment. To translate commitment and risk International Law. The internship program under the Child Abduction Convention. into concrete law and policy, I knew I would began as a student initiative, building on We took on a variety of other projects, have to transform myself into a lawyer who the work of Professors Linda Silberman including research on the enforcement of was as capable and precise as my interna- and Andreas Lowenfeld with The Hague foreign family law judgments in specific tional colleagues. Conference. In the summer of 2000, Kim countries. By the summer’s end, we had At NYU, I was able to effect this trans- Seelinger (’02) and Anna-Lisa Corrales (’02) helped Professor Duncan draft ad hoc formation without sacrificing my sense of interned at The Hague Conference. Seelinger Convention Status Reports, edited more purpose. The school funded a large part of my returned as an intern in Summer 2001 than 300 case summaries for the database, studies through the Root-Tilden-Kern Pro- along with Debra Cole (’03). The Summer attended special meetings at the Peace gram and enabled me to work closely with of 2002 interns were George Karamanos Palace, and authored a judges’ newsletter Professor Thomas Franck as a Junior Fellow (’04) and Marguerite Walter (’04). in French and English that was sent to at the Center for International Studies, and INTERNATIONAL LAW AT NYU 75 with Professor Theodor Meron as a Boudin Fellow in human rights. These able teachers, as well as Professors Benedict Kingsbury and Donna Sullivan, taught me the mechanics, context, and substance of public interna- tional law and demonstrated the impor- tance of insisting on the union of ethics and the law. In May 2002, I completed my term as an NYU-sponsored law clerk at the International Court of Justice (ICJ). As one of five law clerks to the 15 judges of the ICJ, I worked with judges and members of the Registry staff, providing research on subjects relevant to cases before the Court. During my clerkship, the Court handed down a judgment in the case of the Arrest Warrant of April 11, 2000, in which the Democratic Republic of Congo sought— and achieved—the cancellation of an arrest warrant for crimes against humanity issued against its then-sitting Foreign Minister by a judge in Belgium. This case, ultimately decided on the issue of immunity, also involved universal jurisdiction and interna- tional criminal law. Working for the princi- pal judicial organ of the United Nations has given me immense insight into the ways in Students in the Indigenous Legal Studies Group traveled to Peru to explore the many issues confronted by indigenous pop- which public international law is inter- ulations. They are pictured here with Luis Delgado, President of the Peruvian non-governmental organization Yachay Wasi. preted and applied. Seven years after my Truth Commis- sion–inspired realization, I am looking for- Through its continuing relationship with in site identification. Several indigenous ward to uniting my scholarly pursuits with Yachay Wasi, and cooperation with other experts spoke in a lively discussion facili- my human rights endeavors. Thanks to non-governmental organizations, ILSG tated by NYU Law Adjunct Professor NYU, I will undertake this task with new plans to set up a system of information Russel Barsh. skills, insight, and knowledge. exchange and provide information to com- munities in the Cusco Region of Peru on The Indigenous Legal Studies Group the political, economic, and social opportu- J.S.D. Candidates The Hauser Global Law School funded nities available. in International Law a group of six students from the Indigenous On its return to NYU, ILSG helped Legal Studies Group (ILSG), to travel to organize a panel discussion entitled NYU’s J.S.D. program attracts out- Peru to explore the many issues confronted Cultural Heritage and Sacred Sites: World standing candidates from around the world. by indigenous populations. The academi- Heritage from an Indigenous Perspective. Many choose to focus their doctorates on cally diverse ILSG group included a first- The event was cosponsored by NYU Law elements of international law. Current year student, three second-year students, and the United Nations NGO Committee J.S.D. candidates and their topics include an LL.M. student, and a J.S.D. student on the International Decade of the World’s Marcia Bernardes (Brazil), Habermasian from Brazil. With the help of Luis Indigenous Peoples and complemented the democracy and North-South justice; Robert Delgado, President of the Peruvian non- inaugural meeting of the U.N. Permanent Dufresne (Canada), distributive justice in governmental organization Yachay Wasi, Forum on Indigenous Issues in New York. international law; Piibe Joge (Estonia), the group spoke to Quechua-speaking Sarah Titchen of the World Heritage Centre restitution for the wrongs of past regimes; leaders of small towns, met with agrarian explained UNESCO’s role in implementing Vivek Kanwar (U.S.), liberalism and its cri- reform experts, and interacted with direc- conventions designed to protect world her- tiques in international law; Eun-Yong Park tors of organizations engaged in cutting- itage sites and emphasized the role of (South Korea), the international law of cor- edge efforts to bring justice and civil rights indigenous experts in identifying and pro- ruption; Roy Schondorf (Israel), defenses in to their communities through the integra- tecting sacred sites through the creation of international criminal law; and Maya tion of international legal norms, Peruvian WHIPCOE, a panel of indigenous experts Steinitz (Israel), the philosophy of interna- law, and inter-American partnerships. assisting the World Heritage Commission tional law. ■ 76 AUTUMN 2002 77

Hauser Global Law School Program

HANKS TO GENEROUS GIFTS FROM TWO NYU LAW ALUMNI, T Rita (’59) and Gustave (LL.M. ’57) Hauser, the Hauser Global Law School Program has blossomed into a major component of the Law School, widening the scope of legal education for all NYU Law students. The Program’s international focus gives it a distinct edge over other law schools, with full-time faculty members and their Global Law Faculty counterparts bringing their expertise to bear on issues of global importance. NYU Law students benefit greatly from this exchange of ideas which gives rise to important insights into legal issues of significance around the globe. This year, Professor Joseph Weiler became Director of the Program. 78 AUTUMN 2002

Dorsen opened the discussion by recall- NYU Names Global Law Program ing that when he and Sexton first talked about the idea of a global program, they for Rita and Gustave Hauser were not sure what it might become. In the end, Dorsen said, “It’s become something much more important than we could have NYU Law hosted a celebration to rename the Global Law School imagined.” Dorsen also acknowledged Justice Sandra Day O’Connor for her sup- Program as the Hauser Global Law School Program in honor of Rita port of the Program in its early years. Her participation in one of the first panel dis- (’59) and Gustave (LL.M. ’57) Hauser, who recently gave $5 million cussions hosted by the Global Law School Program, and her subsequent citing of de- to the program—beyond $6 million they previously gave. cisions by foreign tribunals, helped to solid- ify the premises of the Program. Professor Slaughter stressed that “in the wake of September 11, global education is even more important than ever.” Slaughter emphasized that “foreign students and U.S. students must be studying side by side on an equal footing in genuinely mixed classes…they must share every aspect of student life.” She spoke about preparing lawyers for practice in a global legal envi- ronment as a very important aspect of bringing lawyers back into the role of states- men and stateswomen. Dean Kronman thanked Sexton, Dorsen, and the Hausers for creating the Global Law School Program. “No other school has such a program,” he said. Kronman also told the audience that the global marketplace that From left to right: Gustave Hauser, Professor Norman Dorsen, Professor Anne-Marie Slaughter, Professor Ronald Dworkin, has developed since World War II calls for Dr. Rita Hauser, Dean Anthony Kronman, and Professor Ratna Kapur cooperation. “Now we are all linked and there are repercussions to everything,— including the spread of democracy.” Rita and Gustave Hausers’ connection specializing in international legal matters, Professor Kapur claimed that a paradigm with the Program began in 1993, when and is now counsel to the firm. She is also shift had occurred in law, which requires law Rita and then-Dean John Sexton originally president of the Hauser Foundation, the graduates to be conversant with the interna- discussed the idea that eventually emerged couple’s philanthropic organization, and the tional landscape. “We need lawyers who can as the global program. The Hausers’ initial chair of the International Peace Academy, service multinational corporations,” she said. generous gift launched the Hauser Scholars which promotes multinational peacekeep- She also spoke about the “dark side” of glob- Program, which brings some of the finest ing functions. Hauser was recently appoint- alization—the denigration of human rights graduate students from around the world to ed to the President’s Foreign Intelligence and the limited role for women. the Law School. Advisory Board. Professor Dworkin said that a successful Gustave Hauser, chairman and CEO of integration of a global law perspective would Hauser Communications, Inc., is a pioneer RENAMING CEREMONY PANEL involve a “change in the way we reason.” For of the modern cable television industry, Tw o events marked the renaming of the example, which methods should lawyers responsible for developing such innovations program. The first was a panel discussion, use when faced with a novel cross-border as the MTV and Nickelodeon television net- “Globalization in Legal Education in the issue—who is legally responsible and which works, pay-per-view, and other advanced 21st Century.” The participants included law should govern? “The challenge is to interactive services. NYU Law Professor Ronald Dworkin; Rita adopt an appropriate interpretative stance Rita Hauser, whose career has been dis- Hauser; Global Visiting Professor Ratna toward the old law,” he said. tinguished by a commitment to public ser- Kapur; Yale Law School Dean Anthony Hauser said she feels one of the best vice, served as U.S. representative to the Kronman; and Harvard Law Professor Anne- things about education is the discovery that United Nations Commission for Human Marie Slaughter. Professor Norman Dorsen, there is more than one way to do some- Rights in the 1970s. She practiced law as chair of the Hauser Global Law School Pro- thing. Her inspiration is that “someone else a senior partner of a large New York firm, gram, served as moderator. will have a better idea.” Hauser continued, HAUSER GLOBAL LAW SCHOOL PROGRAM 79

“You can’t teach students how to have an RENAMING CEREMONY DINNER is a great resource through which we can open mind, but you can show them the Professor Derek Bok, former president try to understand and solve some of the multitude of approaches and hope the les- of Harvard University, spoke at the cere- political, economic, and social issues facing son sticks.” mony dinner on the subject “The Univer- the world. “More programs like this one Dorsen closed the discussion by analo- sity in the Global Economy.” He said that will be important to achieving this goal,” gizing the future of global law to the place as the world becomes more connected, uni- Bok said. of American federal law at the end of the versities will play an increasingly important Rita Hauser closed the day’s events, say- 19th century, when state law governed the role in developing the global community— ing that every school or university has a overwhelming majority of disputes. But especially American universities, because responsibility to contribute to the global just as federal law came into its own, “so they are wealthier, more flexible, and world. She singled out NYU Law’s Hauser too will the law of the globe, although in attract the largest population of leading Global Scholars for special praise: “They are different and unpredictable ways.” international students. The international our investment in a new generation of great legal community, in the U.S. and elsewhere, global thinkers.” ■

The Turn to Scholarship: Joseph Weiler to Lead Hauser Global Law School

On June 1, 2002, Professor Joseph Weiler took over the direction of the Hauser Global Law School Program. Weiler, a world-renowned expert on international law and the European Union, sat down recently with NYU: The Law School Magazine to talk about his vision for the Program. Professor Joseph Weiler

NYU Law: You must have many plans for the overall orientation of the program I would Hauser Global Law School. Can you give say “The Turn to Scholarship.” In terms of gram has given us, justly, enhanced visibility us a glimpse of the most important? its substantive intellectual content I would and prestige both domestically and, yes, say “Global Law and Justice.” globally. I want to build on this success in Weiler: “Plans” is too concrete a word at this several ways. The reputation of the Global stage. I have only recently stepped into the NYU Law: Nice slogans, but what do they Law School is sufficiently solid to allow us to job, having just moved to NYU. So I can mean in terms of the concrete policies of the seek to identify as potential members of the enjoy to the full the bliss of ignorance. Part Global Law School? global faculty, not the stars of today, but of that bliss is the freedom to have dreams those of tomorrow. Brilliant young aca- unencumbered yet by details such as fund- Weiler: Fair enough. The two principal activ- demics whose initial work is very promising ing, faculty governance, and other trivia we ities of the Global Law School in its first and suggests the potential of developing into call reality. decade were the creation of the Global major scholarship in future years. My think- Faculty and the Hauser Scholar Program. ing is that it would be hugely beneficial both NYU Law: An agenda, perhaps? Both have been a magnificent success. to these younger scholars—and to us—to bring them into the program early in their Weiler: That I have, and it is part of my First, then, the global faculty. Through the careers when their scholarly sensibilities and dream. If I were to search for labels con- global faculty we have integrated into cur- approaches are still being formed and where cerning my agenda for the Global Law riculum non-American teachers and courses their ability to profit from the NYU envi- School as it moves into its next phase, I covering a huge variety of subjects to a ronment is greater than established scholars would come up with two: in terms of degree unparalleled by any of our peer already set in their ways. I am also sure that emphasis, commitment of resources, and schools. The success of this part of our pro- their willingness and ability truly to identify 80 AUTUMN 2002

with us and to think of NYU Law as an inte- for any such long term appointment should career. The short-term goal of these new gral part of the intellectual and institutional be a scholarly project which, ideally, would Hauser Scholars would not be an LL.M. home would be greater. be conducted with members of our perma- degree but a first-class piece of scholar- nent faculty so that the global faculty mem- ship. The long term prospect? Imagine if, In the same vein I would try so far as possi- bers would be understood not only as after the second decade of the Hauser ble to cut down on the seven week visits by contributing to our educational mission, but Scholar program, we could take pride in 50 our global faculty members and keep that also to our vocation and identity as a com- to 100 law professors world-wide whose as an option only in exceptional circum- munity of scholars. careers began as Hauser Scholars? stances, pushing for the semester-long visit as our default. Even more ambitiously, I NYU Law: What, then, of the Hauser Scholar NYU Law: You have spoken so far of the exist- would try to make arrangements to enable Program? ing principal components of the Global our global faculty to stay in residence for Program. There must be more. two semesters—one of which would be Weiler: It is, of course, a magnificent pro- dedicated entirely to research. I want to try gram; Hausers are rightly considered as Weiler: There is one other existing compo- and change the perception that being a the Rhodes Scholars of legal education. nent of which the potential to date has not “global” is mostly about short teaching vis- We will soon be celebrating the 10th been fully valorized. I am thinking of our its. It is, too, about longer term intellectual anniversary of the program and there will visiting researcher and visiting scholar pro- engagement and about one’s very scholarly be a lot of young legal leaders on display. grams. They are potentially a huge pool of agenda being impacted. But the 10th anniversary is also a good scholarly talent. I do not think that we have successfully integrated this compo- nent into the Global Program, and more broadly, the NYU Law community. I am The Global Law School is not only, or even mostly, about thinking of a major revamp in this field. “International” or “Globalization” with a capital I or G, but Here are some examples (and don’t forget, the operative word is “dreams”): At the is a reflection of the internationalization and globalization heart of NYU’s intellectual life are the of all dimensions of law, be they corporate or environmental. Colloquia—unique fora bringing together faculty and students in the pursuit of core legal themes. I want to make available to NYU Law: Is such engagement consistent with time for rethinking. I am toying, in par- each Colloquium the possibility of select- the structure of the program? As presently ticular, with one idea. To date, compared ing each year two “Global Colloquia constructed, the Global Law School Pro- to our peer law schools in the U.S., there Fellows” from jurisdictions outside the U.S. gram envisions some faculty coming for up are fewer NYU alumni in teaching posi- whose research interests and expertise coin- to three visits and others, more uniquely, tions in overseas law faculties. This is an cide with that of the Colloquium. They becoming “long-term globals” with a fur- anomaly that requires our urgent atten- would become active participants in the ther four years. How does this fit with your tion. I think the Hauser Scholar Program Colloquium, interacting with students and agenda? can contribute substantially to efforts to faculty, presenting their own papers. redress this. Right now almost all Hauser Ideally, they would spend the semester Weiler: I am only beginning to form a view Scholars are LL.M. candidates. Most will before or after the Colloquium in residence, on this aspect of the program. My initial go on to successful and distinguished ca- pursuing their own research under the thoughts are simple enough: I hope to per- reers in the profession. A few will pursue guidance of the Colloquium faculty leader. suade the faculty to allow us to take more academic careers. In the future, I would The idea of Global Colloquia Fellows rep- “risks” at the initial invitation stage—in a like to reserve half the Hauser resources resents to me a perfect expression of the way that would broaden the intellectual for LL.M.s. But the other half, I would “Turn to Scholarship.” It also underscores breadth of the global faculty. This would like to allocate to young scholars—S.J.D.s the notion that the Global Law School is reduce the huge investment in precious fac- and even “post-docs.” One practical but not only, or even mostly, about “Inter- ulty time in screening candidates who might hugely important difference would be the national” or “Globalization” with a capital end up as global visitors for one or possibly ability almost to double the annual num- I or G, but is a reflection of the interna- two semesters. My inclination would be to ber of Hausers. Since the non-LL.M. com- tionalization and globalization of all shift the really heavy screening to the point ponent would not need to pay tuition, we dimensions of law, be they corporate or at which a global visitor is recommended for would be getting almost two-for-one, so environmental. It would also underscore a the position of a long term global faculty to speak. The selection of these Hausers different model of selecting and interacting member. More importantly, I would want to would be every bit as rigorous as is our with our visiting researchers and visiting introduce the research agenda of the would- practice for the LL.M.s. But, in addition scholars—selected and invited with an eye be long term global faculty as a crucial ele- to impeccable credentials, they would on our own intellectual agenda and then ment in our selection. My thought is that a have a convincing research project and integrated fully and harmoniously into the necessary (though not sufficient) condition very concrete plans for an academic school’s academic life. HAUSER GLOBAL LAW SCHOOL PROGRAM 81

NYU Law: Would that replace our current tions of this commitment are obvious formal part of the program. There would be visiting researcher program? enough. Each year I will be leading a sem- one further distinction from your normal inar which will pick up a theme which summer school. We are hoping to experi- Weiler: No, no. I would not want to tie all would fit under the Global Law and Justice ment with a component of distance learn- visiting researchers and scholars to the Col- umbrella. Next year, for example, the ing—create our groups early in the year and loquia. After all, there are important themes theme will be Global Governance and have the summer program be the culmina- that go beyond our Colloquia. I am thinking Democracy. Like a colloquium, I hope to tion of an educational program that began of creating an Annual Global Forum, select- involve students, visiting faculty, and fel- months before on the Internet. ing each year a theme of broad interest in lows in the seminar. But the external the legal world—terrorism, money launder- “global” implications are even more excit- NYU Law: You mentioned two principal ing, selection of judges to supreme courts in ing. The idea is to join with three Global activities for each global partner? different countries, asylum—to name a few. Partners—academic institutions located in The Global Law School would announce strategic regions in the world—initially I Weiler: Yes, that was the teaching part. I also these themes at least two years ahead of am thinking of Santiago, Chile for South envision holding each year one major schol- time, with a view to encouraging applica- America; Capetown or Johannesburg for arly conference or workshop on topics to be tions from visiting researchers and scholars Africa; and Macao, China for Asia. I envi- developed with our partners around the whose research interests coincide with these sion two principal activities for each of our theme of Global Law and Justice. In con- themes. One obvious objective of the forum global partners. One activity would be a tent these conferences or workshops would would be to facilitate research and scholar- summer teaching program which would have a strong regional and local flavor. The ship on themes we consider important. But have at its core the new global legal disci- global is often regional. It could be afford- an important ancillary objective would be to plines—trade, international property, able medicine, it could be trade in textiles, create a group of people with a common investment, etc. it could be problems related to investment research interest, enhancing intellectual regimes—there is no shortage of topics. synergies, fostering long term friendships NYU Law: Another summer school to add to and, not least, producing critical mass of the zillions already out there? NYU Law: Dare I ask about cost? research—possibly resulting in a book and/or a series of articles where the whole is Weiler: No, because it would have some very Weiler: Good ideas always find funding. greater than the sum of the parts. I also have unique features. Sure, one objective would That has been my experience with every- long term institutional hopes from both ini- be to provide legal proficiency in these thing I have done so far. tiatives—that the fellows in these programs “global” disciplines at the highest profes- will not only network among themselves sional level. And sure, there are programs a NYU Law: Anything a little less ambitious? but for years to come will continue to see us, plenty which aim to do just that. But, very Any “small” ideas? NYU Law, as an important milestone in often these courses not only teach profi- their intellectual life and will become life- ciency but also, purposefully or inadver- Weiler: Plenty—start writing. time “honorary” alumni and part of the tently, indoctrinate their participants into a NYU family. non-critical “global” and “free trade” mind- Item: How is it that at the Global Law set. In our commitment to Global Law and School, our first year students are unable to NYU Law: In addition to “The Turn to Justice we will craft our courses to provide, take an elective in international or any Scholarship,” you also mentioned “Global too, a critical outlook; to examine the dark other “global” subject? (If you asked mem- Law and Justice.” side of the global moon as well as its bright bers of the incoming class each year, they side; to provide participants with the intel- would probably expect this.) Weiler: It would be odd, would it not, if the lectual tools which would be empowering in Global Law School did not have as one of both negotiation and applicative contexts. Item: If we are serious about the global its central pillars a commitment to the We would also look for a very special type of imperative in legal education, should we issue of Globalization? It would be equally participant. We would want to have on the not lead the way and have some global odd if, during my tenure as Chair and one hand, a group of mostly younger public component as a requirement for gradua- Director of the Hauser Global Law School officials—the people who, in their respective tion? (If you ask most of the incoming class, Program, it did not reflect, in one of its countries, both help set the policy and apply they would probably expect this too.) central pillars, my own intellectual agenda. the legal disciplines. Alongside them we I take globalization as a given and I believe would hope to have young lawyers from the Item: Should we think of a foreign lan- that it has had, and will continue to have, private sector with the profile that we would guage offering as part of our program? many beneficial effects on rich societies and normally admit to our Public Interest Law (Yes, it is true that English is the global poor. But it is also afflicted with many program. In a way, we would be bringing language, but…) problems which produce at times gross together lawyers who would often find injustices. Indeed, if I had my way, I would themselves on the opposite side of legal dis- NYU Law: Professor Weiler, thank you. rename what we are doing the Global Law putes. I think the interaction could be as and Justice Program. The internal implica- informative as anything we would do in the Weiler: Mille grazie. ■ 82 AUTUMN 2002 Justice Ginsburg Joins Panel on Constitutional Adjudication The Hauser Global Law School Program hosted a one-day confer- ence in September titled “Decision-making Mechanisms of Consti- tutional Adjudication.” The panelists included United States Supreme Court Justice Ruth Bader Ginsburg, Justice Valerio Onida of the Italian Constitutional Court, and South African Constitutional Court Justice Sandile Ngcobo. Standing in for former German Constitutional Court Justice Dieter Grimm and former member of the French Conseil

Constitutionnel Noelle Lenoir—who were unable to attend because of U.S. Supreme Court Justice Ruth Bader Ginsburg the terrorist attacks the week before—were Global Visiting Professors Matthias Herdegen and Pasquale Pasquino. Pasquino was also velopments in the law. In the Italian sys- tem, the justice who has been selected to instrumental in organizing the event. be the reporter on a case generally writes the decision. Onida said that Italians worry that judges simply rubber-stamp Following a warm welcome by NYU don’t like the constant interruptions that the draft opinions. President-Designate John Sexton, Professor characterize oral argument before the Global Visiting Professor Pasquale Norman Dorsen, who moderated the panel, Court: “They want to lecture.” But she told Pasquino commented on the French coun- introduced Justice Ruth Bader Ginsburg, practitioners to invite the questions and to terpart to a high court, the French Conseil recalling her early days at the American look at them as opportunities. “A judge can Constitutionnel, which he described as a Civil Liberties Union where she did pioneer- cue counsel as to loser arguments right off work in progress. The Conseil may hear only ing work on sex discrimination. Ginsburg the bat,” she said. “And sometimes the constitutional questions, and the reporter’s then embarked on “Supreme Court 101.” judges are talking through the lawyer to (opinion-writer’s) name is unknown. Ginsburg described in detail how cases judges with opposing views.” Pasquino said it sometimes was “very hard are chosen, heard, and decided. When At the decision-making and opinion- to understand the decisions of the Conseil” selecting cases, the justices look for “deep writing stage, Justice Ginsburg said the due to their depersonalized nature. splits among the circuits that won’t correct discussions are spirited but not protracted The audience next heard from Sandile themselves without intervention.” Explain- because Chief Justice William Rehnquist Ngcobo, a South African Constitutional ing that the Court was not in the business “likes to keep us moving.” Drafts are gen- Court Justice . He recounted the history of of correcting errors by appellate courts, she erated, circulated, and then result in “dear the Court, which is a relatively new insti- joked that if this were the case, “we’d never Ruth letters” from Justices who want to tution, and focused on the influence of dis- get the work done.” modify some portion of the draft. Ginsburg sents, whereby “the voice of the minority Before the start of the term, Ginsburg said that she usually tries to write by Justice can become the voice of the majority.” said the Court meets to review petitions for Stephen Breyer’s credo: “Get it right and The conference’s final speaker was Glo- certiorari. While not all are discussed, she keep it tight.” bal Visiting Professor Matthias Herdegen. said, all are read. Justices sometimes dis- Ginsburg closed by reemphasizing the He discussed the German Constitutional sent from decisions to deny cert, but these remarkable congeniality, friendship, and Court, where he said “rarely does a com- votes are ordinarily confidential. The re- respect among the Court’s members— plaint make it from a panel to the full cord of Ginsburg’s dissents will be avail- “given how sharp the differences are.” Court.” For this reason, justices jockey for able when her papers are submitted to the Justice Valerio Onida of the Italian the best cases over which to preside and Library of Congress. Constitutional Court spoke after a midday there are no dissenting opinions. Professor Regarding legal briefs, Ginsburg advised break, focusing on the opportunity for Herdegen also remarked that the Court’s lawyers, “If you want it to be read, write it dissent in the American system, and the “modest” compensation has weakened its short.” She observed that some lawyers clarity those opinions often bring to de- ability to attract the best judges. ■ HAUSER GLOBAL LAW SCHOOL PROGRAM 83

that the allegation be in tort and concern a Recent Developments violation of a U.S. treaty or the law of na- tions, as in this case. in International Litigation Joseph Pizzurro, a partner at Curtis, Mallet-Prevost, Colt & Mosle LLP, ad- dressed the potential post-September 11 The New York State Bar Association Nina Nagler, an associate at Weil, application of the Foreign Sovereign Im- together with NYU Law’s Office of Career Gotshal & Manges, illustrated the recent munities Act, another federal statute. The Counseling and Placement presented a panel rediscovery and use of the U.S. Alien Tort FSIA can provide jurisdiction over foreign discussion, “Recent Developments in Inter- Claims Act (1789), which provides a unique states and entities separate from but major- national Litigation.” The event was spon- forum for aliens in human rights litigations. ity-owned by the state, such as a state- sored by Weil Gotshal & Manges LLP and In 1980 the Second Circuit Court of Appeals owned oil company. If the foreign state is Curtis, Mallet-Prevost, Colt & Mosle LLP. recognized its original jurisdiction over a on the State Department’s list of terrorist Thomas Pieper (LL.M. ’00), an associate suit by the family of a Paraguayan torture states, it can be subject to jurisdiction for at Thacher Proffitt & Wood and chair of the victim against a Paraguayan police inspec- acts of terrorism against U.S. citizens or for New York State Bar Association’s Inter- tor. Requirements for jurisdiction under the providing “substantial aid” for terrorist national Litigation Committee, began the Act are that the plaintiff be an alien and activity against U.S. citizens. ■ program by defining international litigation as a catch-all phrase for any case in a foreign forum, with a foreign plaintiff, defendant, or witness, with discovery in a foreign country, where foreign law applies, or for which there Former U.N. Assistant Secretary will be foreign enforcement. Panelists included NYU Law Professor Andreas Lowenfeld, delegate to the Hague Discusses U.S. Foreign Policy Conference on Jurisdiction and Foreign Judgments. Lowenfeld filled in the audience in the Middle East on how badly the global judgments conven- tion is going, pointing to three reasons: In an event cosponsored by the Inter- Iraq, and Iraq is prevented from managing First, Europe votes as a bloc, complicating national Law Society and the Middle Eastern its finances or controlling the proceeds negotiation, and Europeans already have the Students Alliance, Hans von Sponeck, the from its sale of oil. Oil proceeds go to the Brussels and Lugano Convention to ensure former United Nations Assistant Secretary U.N. Compensation Commission to pay something like “full faith and credit” given General and U.N. Humanitarian Coor- outside claims against Iraq, and then back to judgments. Second, the proposed global dinator for Iraq, spoke on U.S. foreign pol- to Iraq—leaving about $14 billion per convention does not have a final arbiter. icy toward Iraq. year ($113 per capita) for the people of Finally, the U.S. will not give up bases of A 36-year veteran of the U.N., von Spo- Iraq. With no control over its resources, jurisdiction the Europeans do not like, such neck worked in Ghana, Turkey, Botswana, Iraq’s economy can never evolve to a func- as doing business general jurisdiction. Pakistan, and India before becoming Di- tional level. Von Sponeck acknowledged James Carter, a partner at Sullivan & rector of European Affairs. He became the that Saddam Hussein may waste part of Cromwell, spoke on international arbitra- U.N. Humanitarian Coordinator for Iraq in the proceeds, yet “a minimal civil infras- tion and identified trends toward increasing October 1998, with responsibility for direct- tructure” will never develop under the cur- judicial review of arbitral tribunials. ing all U.N. operations in the country, includ- rent policy, which prolongs the Iraqi ing managing the distribution of goods under people’s suffering. the Oil-for-Food program and verifying Iraqi Von Sponeck was critical of the Am- compliance with the program. erican government’s disdain for interna- Frustration with the economic sanctions tional law and its application to the U.N. against Iraq led von Sponeck to resign from sanctions. He also complained about the the U.N. in 2000. Describing the sanctions sloppily worded resolutions that the U.N. as “malicious and punitive,” he said they has adopted in reference to Iraq. simply punish Iraq, rather than address the Looking to the future, von Sponeck needs of the Iraqi people. In addition, they sketched the three levels of dialogue neces- fail to achieve their purported goal—to sary to ensure a lasting end to the humani- topple the regime of Saddam Hussein. tarian crisis gripping Iraq: between the Explaining the current system, von U.N. and the international community; an Sponeck said that although there is a the- intra-Arab dialogue without Western inter- oretical free flow of civilian goods, the ference; and an intra-Iraqi dialogue among NYU Law Professor Andreas Lowenfeld U.N. bars foreign direct investment in Shiites, Sunnis, Kurds, and others. ■ 84 AUTUMN 2002

consider globalization’s impact on human Constituting Social Justice rights, social movement networks, and market regulation. Indeed, one of the most on the Ground exciting aspects of the conference was the inclusion of leaders working in multiple and interdisciplinary fields that engage in the complicated issues addressed. Conference presenters included Julie Graham, Department of Geosciences, Uni- versity of Massachusetts-Amherst; Huri Islamoglu, Bogazici University, Istanbul and Central European University, Budapest; Jan Nederveen Pieterse, Department of So- ciology, University of Illinois, Urbana- Champaign; Darini Rajasingham, Inter- national Center for Advanced Studies, NYU; and NYU Law Professor Frank Upham and Acting Assistant Professor of Clinical Law Donna Sullivan. Professor Paul Chevigny of NYU Law and Tim Mitchell of NYU’s Kevorkian Center for Near Eastern Studies provided important perspectives on each panel that stimulated engaging conversa- (l-r): Conference participants Allen Hunter, Huri Islamoglu, Wolf Heydebrand, Christine Harrington, Paul Chevigny, Julie tions among those in attendance. Graham, and Jan Nederveen Pieterse The dynamic conference began with a reception in which informal conversation As a protest movement grows in response The conference, entitled “Constituting and lively debate regarding the event’s to increasingly aggressive neo-liberal prac- Social Justice on the Ground,” was presented themes took place. The next day, partici- tices by transnational corporate structures by the NYU Geographies of Injustice fac- pants convened in Lipton Hall to attend an and state institutions, scholarly questions ulty seminar, in conjunction with NYU’s all-day series of panel discussions and concerning the nature and impact of glob- Institute for Law and Society and Inter- paper presentations. The conference was alization have become more urgent. An national Center for Advanced Studies, with divided into three sessions, respectively international group of distinguished think- cosponsorship from NYU’s Kevorkian Cen- chaired by Christine Harrington, Institute ers gathered at NYU Law to discuss prac- ter. The event was an attempt to draw on for Law and Society, NYU; Allen Hunter, tices of and possibilities for social justice what is known about the political, eco- International Center for Advanced Studies, work within the growing totality of global- nomic, and legal forces of globalization NYU; and Wolf Heydebrand, Department izing neo-liberal economics and politics. in order to clarify research agendas and to of Sociology, NYU. ■

Stephen Shay Delivers Tillinghast Lecture

The sixth annual David R. Tillinghast “We think of the right to impose tax as a Lecture on International Taxation was pre- sovereign right,” Shay said. “However, the sented by Stephen Shay, a partner in the power to tax is limited in the international Boston law firm Ropes and Gray. Shay’s sphere.” The U.S. taxes two kinds of cross- lecture, titled “The Limits of Sovereignty: border income: the worldwide income of Implications for United States International U.S. residents and domestic income of non- Taxation,” considered the challenges facing residents. The collection of these taxes, espe- the U.S. in collecting taxes outside of its cially the latter, is limited by enforcement. boundaries, with a particular focus on the The solution, Shay suggested, is to provisions of subpart F of the Internal Re- work with other countries because “to ad- Stephen Shay, a partner in the Boston law firm venue Code. minister an income tax, one country needs Ropes and Gray HAUSER GLOBAL LAW SCHOOL PROGRAM 85 to help another country.” This is particu- multilateral agreements between countries that as globalization increases and sources larly important given the problems that regarding the levying and collecting of of income become less and less defined by arise from what Shay called “overlapping taxes from their respective nationals. international boundaries, so should our abil- jurisdictions”—that is, situations in which An alternative route that the U.S. is pur- ity to collect the taxes. Certainly, as busi- the income is subject to taxes by two or suing is to extend its tax collection through nesses morph and merge into large, complex more countries. “qualified intermediaries,” Shay explained, webs of international operations, these in- To bolster enforcement of its interna- whereby the government signs agreements ternational sources of income become a big- tional tax regimes, Shay said, the United with international financial institutions to ger and more important source of tax States needs access to accurate information provide financial information in exchange revenue for the U.S. about income derived from cross-border for customer anonymity. The qualified insti- The Tillinghast Lecture is cosponsored investments and transactions. However this tution then serves as a private withholding by the International Tax Program and the information is frequently held by institu- agent in a contract with the U.S. Internal firm Baker & McKenzie. David Tillinghast, tions outside of U.S. jurisdiction. The gov- Revenue Service. long a leading tax lawyer, writer, and ernment is in the process of exploring Whatever the strategy, Shay concluded, teacher, is a partner in that firm and the several avenues to overcome this difficulty “we should be more aggressive in doing firm supports the lecture series in honor of and obtain the information it needs. One what we have to do to achieve international Tillinghast’s many contributions to the route is by using tax treaties, bilateral or assistance to enforce our goals.” He said international tax field. ■

Islamic Law in Nigeria

Since the beginning of 2000, eleven by political considerations, to reintroduce states in northern Nigeria have reintro- Islamic criminal law. Professor Peters noted duced Islamic criminal law, known as that shari’a was not introduced by fiat, but shari’a, into their jurisdictions. Ruud Peters, by popular pressure. Professor of Islamic Law at the University Peters noted three practical problems of Amsterdam, delivered a lecture tracking with shari’a’s reintroduction. First, the leg- the development of this phenomenon. islation mandating shari’a was drafted Shari’a is based on the Koran and consists hastily and under intense political pressure. of a body of legal doctrine encompassing a This led to a lack of clarity in the law’s Professor Ruud Peters broader spectrum of behavior than American application due to incorrect and defective criminal law. Shari’a is not state-enacted. It is wordings, definitions, and contractions. The legal doctrine that has been formulated by second major problem was an ignorance of or stoning. There is a doctrine in place, jurists through an academic discourse. Thus, shari’a among the judiciary and legal prac- however, that recognizes pregnancies of shari’a does not present clear and unambigu- titioners. In early 2000, no Nigerian law four to seven years. A woman who is preg- ous rules, but rather allows a great deal of school taught courses on Islamic criminal nant and accused of having unlawful sex development and change. law. As a result, Islamic vigilante groups can claim that her pregnancy is the product Nigeria, Peters explained, is a colonial destroyed beer shops and prostitution areas. of her ex-husband. During the pregnancy, creation, a fusion of two areas with very Third, Peters said that shari’a conflicts with the accused can say the fetus slept and then separate identities. The northern part of the certain articles of the Nigerian constitution. woke up. Thus, the baby is the product of country is mostly Islamic while the south is Shari’a’s reintroduction was a state- the ex-husband. Peters explained that this heavily Christian and animist. The British ment with high symbolic value. Because is a well recognized canon of Islamic law, applied indirect colonial rule in Nigeria. In of Nigeria’s vestigial colonial structure, which is accepted in other countries as well. the north, this resulted in Islamic law’s con- the north is afraid of being dominated by He suggested that change from within tinual application throughout the British the south. Shari’a presented the north using interpretations that derive from occupation. Just as colonialism was dying with an opportunity to display its own Islamic history would be the best way to during the 1960s, the British imposed penal cultural identity. temper shari’a’s impact. codes. These codes remained in place until Peters wrapped up by explaining the One solution, according to Peters, recently, when shari’a was reintroduced. title of his lecture, “The Sleeping Fetus Saves might be to argue that Koranic punish- Nigeria currently has a federal system Lives,” which was, in his view, a way to pre- ments may not be enforced until a just under which the states retain a large degree vent shari’a’s more serious punishments Islamic society has been established. Only of autonomy. In this system, the criminal from being applied. The “sleeping fetus” is then is there justice for everyone. The next law is one area over which the states retain a scholarly solution that mitigates the solution would be to make use of the argu- control. In the beginning of 2000, a move- severity of shari’a’s punishments. The pun- ments of the scholars—in history, the ment began, perhaps initially motivated ishment for unlawful sex is either flogging Koranic punishments were hardly applied. ■ 86 AUTUMN 2002

tion?” a student asked Lancry. He replied Israeli Ambassador to the that Israel was reluctant to initiate such discussion, for the resolutions adopted by United Nations Visits NYU Law the U.N. are invariably adverse to Israel. Another student asked about the “current hostility” of France to Israel. France and asked by incoming Prime Minister Ariel Israel have a long history of friendship and Sharon and Foreign Minister Shimon Peres to cooperation, the Ambassador replied. “We remain in office and continue in his mission. should not forget that they were one of our Lancry reviewed the history of the often closest allies when Israel was a newly born tumultuous relationship between the U.N. country.” Regarding the current conflict and Israel. “The beginning seemed promis- between Israel and the Palestinians, the ing,” the Ambassador said, when in 1947 Ambassador reminded the listeners that the U.N. General Assembly adopted the while former Prime Minister Ehud Barak Partition Plan Resolution. However, over offered the Palestinians what no prime min- time the U.N. increasingly viewed Israel’s ister before him had dared to offer—a position through the prism of the Cold War Palestinian state on almost all of the West and was heavily influenced by the voting Bank and Gaza and a workable solution for (l-r): Yehuda Lancry and Professor Sam Estreicher power of the Arab bloc. The Ambassador Jerusalem—the Palestinian response has discussed the U.N. structure and different been the current wave of terror. Then regional groups, saying that until recently NYU Law Professor Andreas Lowenfeld Dr. Yehuda Lancry, the Israeli Ambas- Israel was the only member state of the U.N. wondered what kind of a right to return can sador to the United Nations, was the Law not permitted to participate in any regional be alleged by the Palestinians. “Does my School’s guest for a dinner attended by stu- group. The Asian group, which normally grandchild have a right to return to Ger- dents and faculty members. The event was Israel should be part of, has not been willing many just because I had to leave more than organized by Professor Samuel Estreicher to admit Israel due to the Arab countries’ 50 years ago?” he asked. The conflict is and LL.M. candidate Oded Har-Even. resistance. The isolation of Israel, however, solvable and there are “creative solutions to Previously the Israeli ambassador to has recently changed due to Israel’s admis- all of the problems,” Lancry said. Prime France, the mayor of the northern Israeli sion to the Western European and Others Minister Sharon himself said that he will be town of Shlomi, and a Parliament member (WEOG) regional group. willing to accept “painful compromises” once between 1996 and 1999, Ambassador Lancry “Why was Israel not trying to get the the terror stops and the Palestinians are was appointed to his current position by U.N. Security Council to adopt the Clinton prepared to peacefully negotiate a settle- then-Prime Minister Ehud Barak. He was Camp David proposals as a binding resolu- ment with Israel. ■

Gelatt Dialogue on Law and Development in Asia Examines Criminal Justice in China

The seventh annual Timothy A. Gelatt NYU Law Professor Jerome Cohen Dialogue on Law and Development in Asia began the discussion by suggesting that was entitled “Criminal Justice in China: An although reform of China’s criminal law has Oxymoron?” More than 200 people been a remarkable achievement over the attended the event, most of them legal past few years, there remain certain prob- scholars, researchers, or law students inter- lems that need addressing. These include possibly inappropriate political influence on ested in the criminal law system in main- vague definitions in the substance of crimi- the judicial system. Cohen felt these issues land China. Among the panelists were nal law, such as “espionage” or “espionage deserved continuing research by American people who had been involved in criminal organization;” too much flexibility in sen- and Chinese legal scholars. proceedings in China or detained by the tencing criminal offenders; ineffective chan- Poet, editor, and social critic Bei Ling Chinese government on criminal charges, nels of communication between criminal then told the audience about the 14 days as well as scholars and practitioners. suspects and the central government; and he spent in a local detention house on the HAUSER GLOBAL LAW SCHOOL PROGRAM 87 outskirts of Beijing city. He vividly de- The second segment focused on the scribed his experience, detailing the sparse legal analysis of China’s criminal justice sys- and unsanitary living conditions and the in- tem. Zhang Jianzhong, a criminal defense Publication of Democracy fighting among prisoners. attorney in China, spoke about the role of The China State Security Bureau in the defense lawyer. He emphasized the and the Rule of Law Beijing charged and arrested the next pan- institutional and procedural issues that he elist, Song Yongyi, from Dickinson College encountered in his practice. in Carlisle, Pennsylvania, for allegedly pur- Professor Jonathan Hecht from Yale chasing and collecting classified documents Law School spoke about the continuing about the cultural revolution in China. debate in China over criminal justice re- He was held in State Security Detention form, which centers on whether to adopt a for 175 days before he was set free. Song “presumption of innocence” as opposed to criticized China’s unreasonably prolonged the traditional “presumption of guilt;” the investigation period, the possibly self-incri- relief of procedural obstacles for defense minating investigation process, and the lawyers in criminal cases; the mandate re- In July, CQ Press published Democracy lack of supervisory bodies overseeing the quiring the presence of key witnesses in and the Rule of Law, consisting of the papers activities of ground level security agencies. court; and establishing the independence of from a March 2000 international conference Gao Zhan was the only speaker who had the Chinese criminal court. cosponsored by NYU Law and the Library of been sentenced by a Chinese court—to 10 NYU Law Professor James Jacobs then Congress to celebrate the Library’s Bi- years in jail. Her charge was “espionage” compared the problems facing the Chinese centennial. The book was edited by confer- based on alleged activities of collecting and criminal system with those in the American ence organizers Professor Norman Dorsen, transferring classified information from criminal system. He stressed the impor- former chair of NYU Law’s Hauser Global Mainland China to Taiwan. Gao focused on tance of reform measures to any nation’s Law School Program, and Prosser Gifford, the criminal proceeding she experienced. procedural and substantive criminal law director of scholarly programs at the Library. She said lack of due process and presump- system, including that of the U.S., and The book addresses the recent move- tion of guilt are two of the major problems encouraged further discussion along the ment to transform and globalize law, includ- facing the Chinese criminal judicial system. lines of this dialogue. ■ ing American law, by focusing on nine major topics: transnational justice and national sovereignty; roles of women: norms and cul- ture; multiethnic and multiracial states; the relationship among democracy, legitimacy, Noah Feldman Delivers and the rule of law; holding the past to account through law; natural resources and the environment; religion, culture, and gov- Rudin Lecture ernance; corporate power and national sovereignty in the global economy; and the Are Islam and democracy compatible? state and human rights. That was the question that Professor Noah Chief Justice Rehnquist and Justices Feldman sought to answer in the annual O’Connor, Ginsburg, and Breyer contributed Rudin Lecture. Professor Feldman discussed to the book, whose authors come from 21 the policy choices that are available to the countries. These include 12 members of NYU United States and other Western nations in Law’s global law faculty and four members promoting democracy in the Islamic world of the full-time faculty. post-September 11. When the conference opened, John Professor Feldman described democracy Sexton, then dean of NYU Law, said, “We seek and Islam as “mobile ideas” that have rigor and creativity, not rhetoric. We want an widespread appeal to people throughout the analytic discussion that will contribute more world. He suggested that the U.S., along than casually to finding solutions.” An early with other Western nations, work to create a review by Michelle D. Deardorff in The Law new idea called “Islamic Democracy.” Begin- and Politics Book Review suggests this goal nings of this exist in Iran, he explained, where was met: “Democracy and the Rule of Law twice there has been a democratically elected tions. While Iran still suffers from some of demonstrates much of our common president, despite opposition from hardliners; the oppression that is typical of other Islamic ground—our understanding of our global a democratically elected assembly, including countries, Feldman said, “there is, in fact, problems, our faith in democratic processes, many followers of the moderate Iranian pres- now a set of homegrown ideas of how Islam and our questions as to the potential limits of ident; and the growth of democratic institu- and democracy fit together.” the rule of law.” 88 AUTUMN 2002

Feldman explained how some basic through democratic elections. “We have to be tenets of Islam bolster democratic ideas. willing to say that if you come into power First, Muslims believe that everyone is through democratic elections and then abol- NYU Law-Oxford equal before God. Second, Muslims believe ish elections and become undemocratic, you in consensus within the community. “The will essentially be our enemy,” he said. “If you University Institute Muslim community when acting as a body come to power democratically and you pre- In the Spring of 1998, NYU Law and is justified in making collective decisions for serve democratic rights, then the sky is the Oxford University adopted a historic pro- itself,” Feldman said. “That is a powerful limit in what we are willing to do for you.” As posal to establish the NYU Law-Oxford idea to build upon in the context of democ- examples of such incentives, Feldman cited University Institute. The Institute's goal is racy, because it gives you the basis for say- economic and trade aid and meaningful to deepen the understanding of law as a ing that the most important decisions inclusion in the community of nations. “The global phenomenon in the two institutions should be made by the people.” road to getting there is not going to be easy and in the legal community at large. Feldman recognized the possibility that at all,” he said. “But I think that it is a road Programs managed by the Institute include so-called democratic elections in Islamic worth pursuing, and more important a road several initiatives to facilitate individual countries may not yield truly democratic that we have no choice but to pursue.” and collaborative research, teaching, stu- governments. Instead, the new regimes could Feldman advocated for a consistent policy dent exchanges, and related intellectual conceivably consist of fundamentalists who in promoting democracy in the Islamic world activity on issues that transcend jurisdic- want to abolish democracy soon after they because up to now Western policy toward the tional boundaries. The Institute began work have been elected. He suggested the creation Middle East has sometimes been thought in Fall 1999 under the directorship of of “tremendous positive incentives” for those of as “pretty hypocritical,” supporting auto- Oxford University Professor Dan Prentice. It Islamic governments that come to power cratic regimes when it has been convenient. ■ is governed by a small board that includes faculty members from NYU Law and Oxford. In September 2001, Professor Noah Feldman of NYU Law assumed the The Global Public Service directorship. In February 2000, the Institute spon- sored its first Oxford-NYU Faculty conference Law Project: Bridging the at NYU Law on emerging issues in a global information society. In Fall 2002, Professors Gap Between Activist Lawyers Mattias Kumm (NYU) and Steven Weatherill (Oxford) organized a roundtable discussion Around the World at NYU entitled “Regulating Transnational Markets: Transnational Communities, Inte- 2002-2003 marks the fourth year in the evolution of the Law grated Markets and State Sovereignty.” The roundtable assembled several cutting-edge School’s unique Global Public Service Law Project. The Project, thinkers drawn from the Oxford and NYU faculty as well other European and U.S. uni- headed by Japanese law expert Professor Frank Upham, is best known versities, providing an informal setting for an in depth discussion of the relationship for bringing activist lawyers from the developing and transitional between economic integration and other public policy choices (e.g. concerning labor world to NYU Law for a one year LL.M. in Public Service Law. and the environment). What is lesser known is the extent to which the Project’s work extends Fellowship Program, which supports grad- outside the walls of NYU Law—from the Ukraine to South Africa to uates working for up to one year at a law- related public interest organization of the Philippines and beyond. their choosing upon graduation. With these two key components, the The Project aims not only to provide a their societies. This practical approach is Project seeks to do more than simply teach first-rate theoretical education to the 10- woven into the Project in two ways: 1) by the history and practice of American pub- 15 Global Public Service Scholars who structuring the curricular and extra-cur- lic interest lawyering. The point is to help visit NYU each year, but also to practi- ricular work to allow the student-lawyers the Scholars more effectively make the cally assist them in their difficult and often to learn from each other and to trade prac- changes that they think are necessary in groundbreaking work making changes in tical strategies across borders, and 2) by their countries and regions. Through the the legal structure and wider culture of sponsoring the Global Public Service Global Public Service Law Project, NYU HAUSER GLOBAL LAW SCHOOL PROGRAM 89

East Timor Founding Father to Study at NYU Law

This year, among the numerous LL.M. students who come to NYU Law on a break from impressive careers, will be Aderito de Jesus Soares, one of the drafters of East Timor’s new constitution. Aderito was born in East Timor and received his law degree, summa cum laude, in Indonesia in 1996. Instead of returning to East Timor after grad- uation, he went to Jakarta to work as Advocacy Coordinator for ELSAM (The Institute for Policy Research and Advocacy), a leading Indonesian human rights NGO. In 1999, he returned home to join in prepara- tions for East Timor’s U.N.-sponsored inde- 2001-2002 Global Public Service Scholars with Faculty Director Frank Upham, Director Diana Hortsch, and Holly Maguigan, pendence referendum, and to fill the Acting Faculty Director for 2003 country’s need for qualified lawyers. In September 2001, Aderito joined East Timor’s elected Constituent Assembly. In spring Law hopes that it can, in a small but pow- D.C., followed by a stint at FUNDAR, a 2002, he finished his work with the erful way, help local activist lawyers in Mexican NGO expert in budget advocacy Assembly when he, along with 87 other their work while also feeding the emerging techniques. Fairstein will then return to members of the Constituent Assembly, com- phenomenon of cross-border public inter- CELS in Argentina to outline a plan to cre- pleted drafting the first Constitution of The est lawyering. ate a new program in budget analysis to Republic Democratic of East Timor. Aderito is A look at the Global Public Service augment their pre-exiting social and eco- one of thirteen Global Public Service Fellowships awarded in the past two years nomic rights work. Scholars who will be in residence at NYU provides the clearest picture of the kind of Genee Mislang is spending the year open- Law in 2002-2003. work the Project seeks to support. The fel- ing a branch office of her home NGO, lowship program seeks to leverage the Tangol Kalikasan, which has been at the Scholars’ one-year experience here in New forefront of environmental public interest Justice in New York on an independent pro- York to allow them to return home ready to work in the Philippines since 1987, and ject to study the feasibility of various recon- create even more substantial change. In heavily emphasizes the role of local partner- ciliation measures for Israel and Palestine. 2001-2002, Fellows undertook a wide vari- communities in effective environmental Shuping Wang is completing a year-long ety of projects ranging from working for the resource management. research fellowship to study strategies for rights of gays and lesbians in the Russian- Muhammad Rafiquzzaman is working for seeking compensation for Chinese victims speaking world to developing a family and four months at the Legal and Judicial of Japanese slave labor during World War juvenile court manual in Nairobi. Capacity Building Project of Bangladesh, II. She will work with the Women’s In- Here is a look at the Global Public where he will explore the link between liti- ternational War Crimes Tribunal, and con- Service Fellows for 2002-2003: gation advocacy and wider policy and re- sult with the China Foundation of Human Carolina Fairstein is working with the form work in Bangladesh. Rights and Development and the Inter- Center for Budget Policies and Policy Pri- Ofer Shinar is working for four months national Human Rights Clinic at New York orities and the World Bank in Washington, with the International Center for Transitional University School of Law. In summary, the Global Public Service Fellowship Program represents the goals of the entire Global Public Service Law Project. The objective is to give promising lawyers who have a vision of where public interest law needs to develop in their home countries the educational and practical opportunities and the tools to make more effective change. ■ 90 AUTUMN 2002 91

A Community Transformed

HAT BEGAN AS A PICTURE- PERFECT EARLY FALL DAY, W Tuesday, September 11, 2001, changed abruptly at 8:45 AM when a hijacked airliner slammed into the north tower of the World Trade Center in New York City. Eighteen minutes later, a second hijacked plane crashed into the south tower at the Trade Center. With the subse- quent attack by a similarly hijacked airplane on the Pentagon in Washington, D.C., and the crash of a fourth hijacked plane in Penn- sylvania, America was changed forever. There was an almost immediate intellectual response at NYU Law, with faculty experts opening a dialogue on the complex legal issues arising from the attacks. A variety of special events and numerous conversations in the classroom shed new light on difficult issues and explored the after- math and implications of that fateful day. On the pages that follow we have chronicled some of the ways the Law School community took action—with innovative academic programs, in addition to countless acts of kindness and compassion from faculty, students, and alumni. 92 AUTUMN 2002

Many NYU community members also NYU Grieves With City and staffed phone banks at rescue and other agencies, as well as the University itself, Nation, Responds Quickly helped establish memorials at various sites around the city and held candlelight vigils to Assist With Relief Efforts and similar services to honor those who per- ished in the tragedy. “We know we speak for the entire While the short distance between the World Trade Center and New University community when we express our deep sorrow and horror over the outrageous York University’s campus protected us from direct damage, the faculty, terrorist attack on this city,” said NYU President L. Jay Oliva and President- staff, and students of NYU, like all New Yorkers, felt the impact of this Designate John Sexton in a joint message on September 11. “We have no reports of great tragedy and responded in extraordinary ways. injuries or deaths to any full-time NYU students, faculty, or staff, but we already Within minutes of the attack, NYU ini- Students, faculty, staff, and other mem- know of loved ones—members of our tiated emergency contingency plans that bers of the NYU community undertook a extended family—who were victims. Our placed its several medical facilities on full number of volunteer efforts of their own hearts go out to those families.” disaster alert and relocated all students volition. These included staffing emergency from seven downtown residence halls. triage centers, working extended hours at STUDENTS RELOCATE, RETURN Classes were cancelled and information bul- University hospitals, providing on-site NYU’s Office of Student Affairs and the letins were promptly displayed and updated counseling for rescue workers, donating Office of Protection and Transportation on the NYU Web site homepage and the blood, collecting and distributing clothing Services initiated the immediate relocation individual Web pages of the University’s and other relief supplies for emergency of students from each of NYU’s downtown schools and colleges. All schools and col- workers, making thousands of sandwiches residence halls. Students were assisted in leges, as well as key administrative units, to feed those involved in the rescue effort, locating temporary housing with friends in responded by quickly arranging ongoing and raising funds to help the American Red other residence halls, the Coles Sports and counseling sessions and volunteer efforts. Cross disaster relief. Recreation Center, which was comman- deered as an emergency center for students, or one of several midtown hotels. A mes- sage board was established in Coles for Mayor of the World offers of additional housing for students who had been displaced by the disaster. A number of University facilities offered 24-hour food services for students. Emer- gency telephone numbers were also provided for information updates, both for students and for parents and friends calling in. By Tuesday, September 25, all students living in downtown residence halls were permitted to return to their dorm rooms.

COUNSELING AND COMMUNICATION To deal with potential shock in the after- math of the tragedy, schools and colleges After the attacks, Mayor Rudy Giuliani said: “I want the people of New York to be an example to the rest of the established open counseling sessions, as did country, and the rest of the world, that terrorism can’t stop us.” NYU’s Human Resources Division, Faculty and Staff Assistance Program, and Coun- The NYU Law community extends its most remarkable calm provided precisely the mes- seling Services. Faculty members through- heartfelt thanks and highest possible praise to sage the city needed during an extraordinarily out the University led discussions on our alumnus, former Mayor Rudolph Giuliani difficult time—a message of unity and post-traumatic stress interventions and re- (’68), who rallied his city after the September renewal. Giuliani was selected Time maga- ferral services for students. NYU Law, 11 terrorist attacks and helped nurture its zine’s Person of the Year for 2001 and received among others, set up email message boards recovery. Giuliani’s unwavering strength, out- an honorary knighthood from Queen Elizabeth II so that alumni and friends who might have standing leadership, obvious compassion, and in October 2001 for his effort. been affected by the attacks could check in and let the University know of their safety. ■ A COMMUNITY TRANSFORMED 93

Words of Support From Family and Friends

Throughout the World Trade Center crisis, NYU Law maintained up-to-the-minute information on its Web site (www.law.nyu.edu) regarding student safety, housing, and other measures the University was enacting to deal with the situ- ation and to ensure the well-being of its students. Alumni and friends were encouraged to check in through the site and an outpouring of support was received. Following is a letter to John Sexton, then Dean of the Law School, from 1L Johnisha Matthews on September 11, 2001.

Dean Sexton, for this, I am immensely thankful. It reminds me Around 11:00 or so a member of my lawyering of a conversation that I had just last weekend. group had the idea that instead of sitting around I just wanted to tell you about how I experi- My friend and I were coming back from the West crying, we should donate blood. So seven us went enced this day. I thought that I was managing Indian festival and we began talking to this for- together and another classmate generously sup- to keep things in perspective pretty well these mer magician in the subway. plied us with turkey, chicken, bread, and juice so past couple of weeks, but today, of course, was He gave us a lot of wisdom for free, but that we would not faint. But what was even more life-altering. I was on the corner in front of the there was one thing he said that echoed in my amazing was the turnout at St. Vincent’s. The line Law School shortly after the first plane hit head as I looked at the World Trade Center wrapped around the block. And everyone was the World Trade Center, and then saw the today: “Every night, there is someone who dies feeding one another, passing out bagels and flames after the second plane hit. My room- that may be nicer, more talented, or smarter water, Gatorade, and bananas. How beautiful it mate and I were horrified. We felt helpless as than you. So when you wake up in the morning, was! Strangers talked and helped one another we hugged each other, trembling. Right before you give thanks for seeing another day. You instead of shoving and shouting. you came down the stairs, we had been sitting appreciate the second chance that you’ve been It gives me hope to see how selflessly some in Vanderbilt’s courtyard, on the bench dedi- given and you live life instead of allowing it to of my classmates acted today. I have great cated to JFK, Jr., and I had said, “This is the live you.” And perhaps I will never see this per- respect for them as human beings, whereas time for a Dean Sexton hug.” And then there son again, but he has given me a small bit of last week, I merely had great respect for their you were! So thank you for that. himself. And for this I am thankful. intellect. When things calm down a bit, I’d like Things were a fog as I tried to get in contact And today, despite the devastation and to come in and talk. with my family in D.C. I couldn’t believe that both the ugliness, I saw something beautiful. I found the my new and old home had been attacked, and flip side in a group of my classmates who Take care, that I was blessed enough to still be alive. And decided to go to St. Vincent’s and give blood. Johnisha 94 AUTUMN 2002 Sustaining the Moral Surge JOHN SEXTON Time has passed, commemorations have been held at Ground Zero, and Congress has discussed declaring September 11 a yearly National Day of Remembrance. Surely it will be another date that will live in infamy; no law is needed to ordain that and no law could change it. But September 11 was, and should be, something more.

John Sexton And after the devastation is cleared, founding past enmities even as he confirmed new buildings raised up, and commerce the strength of his leadership, Mayor and finance return—all critical to the Giuliani became a unifier and healer. We all what we can do together in this transfor- prosperity of New York and the nation, reached out; we comforted; in the face of so mative time. We are at a moral crossroads, the other great test will be whether we much death, we gave a new and unforget- and universities have a singular responsibil- sustain the moral power surge which table life to the idea of community. ity to shape the ideas that matter and to moved across the city and this country in But the moral surge could recede, just as advance the creation of the future. As a response to the terrorist attack the good feeling during the blackouts of the first step, we at New York University will On one of the worst of days, we found past faded after the lights came back on. If ask other universities and institutions to the best in each other. Instead of being so, the commemorations of September 11 join with us this Fall in convening a sum- defined by the terrorists, as they had would become just rituals of remembrance, mit of cultural, financial, political, reli- planned, we defined ourselves. I saw this the rebuilding just business as usual. So in gious, and educational leaders. The purpose moral surge manifest itself as our students the end, rebuilding structures is not will be to begin an ongoing process, not and neighbors gathered for a vigil in enough; we have to build a renewed spirit just to rebuild physically, but to sustain and strengthen the moral surge. It is easy to celebrate the extraordinary response to Rebuilding structures is not enough; we have to build a this crisis. The real challenge is to make the unforgettable sense of community after renewed spirit of New York based on our values of freedom September 11 more than a memory or a and tolerance, our vision of a diverse, open society—the true moment in time, but the new ground of our common being. Just as we may have a targets the terrorists were trying to destroy. worldwide architectural competition to rebuild Ground Zero, so we must build on the moral underpinnings which the people Washington Square Park. One first-year of New York based on our values of free- of New York City have shown the world law student from rural Georgia told how dom and tolerance, our vision of a diverse, since the attack. terrified he was that Tuesday morning, ask- open society—the true targets the terrorists We are the world’s first city, not just ing himself: “Why am I here?” Now he were trying to destroy. America’s. And the entire world is ready to said, as he stood in front of the great arch Each of us has a part to play. Uni- hear from us, to respond, to join us in our that marks the Square: “I have seen New versities like ours can and will provide renewal. As a French newspaper proclaims: York, my classmates, my community. How scholarships for the children of the victims. “We are all New Yorkers.” The Mayor of could I be anywhere else?” We can and will create chronicles of this Rome offers to withdraw that city’s bid for Amid the outpouring of spirit in the days singular moment, to capture not just the the 2012 Olympics in favor of New York that followed, we were all rescue workers, horror, but also the affirmation that rose City, so that the Games can open in the saving and affirming our humanity. Tens of from the ashes. We can and will send wit- sight of the Statue of Liberty as a global thousands contributed their food, their nesses, teams of students and faculty, into expression of solidarity. money, their sweat, and their blood. schools and communities across the coun- Societies live by stories. On September Volunteers in record numbers were frus- try, sharing what they saw and felt here, 11, the page turned and now we have to trated by their inability to do more. We all and striving to convert the spirit of the write a new chapter. We must make it the saw clearly the commitment of our police moment into the spirit of an era. story of a continuing moral surge—and of a and firefighters, and we came to view them But I also believe that whatever any of New York that truly will be the world’s differently than we ever had before. Con- us does separately, all of us have to ask “shining city on a hill.” ■ A COMMUNITY TRANSFORMED 95

A family man with old-fashioned values, Those We Lost Brisman possessed a gentlemanly deport- ment which bordered on knightly gallantry. What follows are portraits of the six members of the NYU Law He put in long hours at the firm Harris Beach for his family’s benefit, and was community lost during the tragic events of September 11, 2001. respected by his colleagues as confident and smart, with a careful eye for detail. He was posthumously awarded the partnership he was working so hard to earn. His formal bearing changed in the pres- ence of children—particularly his own. He joined in their revels with great gusto, as evidenced by a family photo of him “pilot- ing” a kiddie airplane at Adventureland on the previous Labor Day Weekend.

Carol Keyes Demitz (’77)

Carol Demitz was a study of a life in balance. As Senior Vice President, Chief Corporate Counsel, and Secretary of Fi- duciary Trust Company International, she found great fulfillment in her work—but the source of her greatest joy was her family. The light of Demitz’s life was her four- year-old daughter, Annie. Her husband, Dr. Fred Brewer, recalls, “I could tell what room the girls were in by the squealing and Daniel Brandhorst (LL.M. ’93) “My heart just dropped. I couldn’t be- laughter…Carol would be playing hide- lieve it,” said his sister, Denise Kelly. “All I and-seek. Carol was rather thin and could The events of September 11 claimed the can picture is him hugging his little boy for squeeze herself into the most amazing little lives of Daniel Brandhorst and his young all he was worth.” cubbyholes. You could hear Annie squeal- family. A partner in the Los Angeles office Brandhorst loved to ski, and took his son ing when she found her.” of PriceWaterhouseCoopers, Brandhorst was and nanny, as well as Kelly and her daughter, The family had recently returned from a traveling home from Cape Cod on United Magen, five, to Aspen, Colorado, last winter. hiking vacation in Switzerland. Demitz was Airlines Flight 175 with his partner, Ronald “I’m just flooded with memories,” his Gamboa, and their three-year-old adopted sister said. “He would call me four times a son, David, when the plane crashed into the week from the West Coast to make sure I World Trade Center. was OK. He was the family’s rock.” “He loved being a lawyer, he loved his Brandhorst is survived by brother David, son,” said his brother David Benjamin mother Alberta, and sisters Denise Kelly Brandhorst. “Those were probably the two and Dawn Rodgers. most important things in his life.” After visiting some friends in Rhode Is- Mark Brisman (’92) land for about a week, Brandhorst had driven to Boston either on business or to see Serious-minded, responsible, conscien- friends—his family isn’t certain. The father tious, proper—such adjectives applied to and son were booked initially on a Con- Mark Brisman. He had known since the tinental flight leaving Boston that Monday. age of five that he wanted to become a They didn’t take the flight, and when lawyer and proceeded, straight as an arrow, Brandhorst’s family, friends, and coworkers toward his goal. couldn’t reach him by cell phone Tuesday, He found his perfect complement in they began to worry. wife Juliette Steuer, an actress with a taste United Airlines officials confirmed their for adventure. He kept her grounded, she fears about seven hours after news of the loosened him up. It was a perfect match. terrorist attacks broke. Carol Keyes Demitz 96 AUTUMN 2002

delighted because Annie was able to do a bit of hiking with her mother and father. She and Brewer were renovating a new house on Peconic Bay on eastern Long Island where Annie could play on the beachfront.

Howard G. Gelling, Jr.

Howard G. Gelling Jr. was the husband of Christine O’Reilly (’02). He was a man- aging director of Sandler O’Neill & Partners, working alongside Law School Trustee Chris Quackenbush (’82). The cou- ple, who wed in May 2000, had met at Sandler O’Neill. O’Reilly worked there until leaving in 1999 to begin law school. The equity department in which she and Gelling had both worked was an extremely tight-knit group, O’Reilly said, and many coworkers were close friends of theirs. “I try to find solace in the fact that Howard John Perry Christopher Quackenbush spent his last moments with people who loved him,” she said. “I know that they all would have been taking care of one collected bulletproof vests from retiring firm’s investment banking division. He ad- another up to the very end.” No one from police officers to donate abroad and did pro vised many financial institutions nation- the equity department who showed up for bono legal work. wide on capital raising, strategic planning, work that day survived. NYU President-Designate John Sexton and merger and acquisition strategies. said of Perry, “He was a student and a Quackenbush began his distinguished John Perry (’89) friend and a great talent. I was privileged career on Wall Street in 1982 as an attor- not only to know him in the classroom but ney at the firm of Skadden, Arps, Slate, When the first plane hit Tower One, also to work with him on research pro- Meagher & Flom, later joining Merrill New York City Police Officer John Perry jects.” Perry played in a weekly basketball Lynch Capital Markets as a Vice President was at One Police Plaza filing his retire- game with Sexton and NYU Law students. in the financial institutions mergers and ment papers after having spent eight years “In everything, from the intellectual to the acquisitions group. on the force. He had just handed in his athletic, he was a person of grace and qual- Quackenbush’s generous and kind na- badge. When the news broke, Perry took ity,” Sexton added. ture led him to participate in a number of back his badge without any hesitation, and Perry perished as he tried to rescue a philanthropic ventures, including a stint as despite the protests of others, ran to the woman who was unable to breathe. He died the president of the board of directors for World Trade Center to perform his last as he lived: in service to others, respected, Adventures in Learning, a cultural enrich- great act of heroism. and much-loved. ment and after-school program for children. That he would do so surprised none who He also served on the boards of the knew him. His mother, Patricia, summed it Christopher Quackenbush University of North Carolina Educational up: “John marched to a different drummer. Foundation, and Mercy Haven, a nonprofit He was headed for that building and noth- (’82) housing corporation for individuals with ing would stop him.” mental illnesses. Perry was one of a kind, a true free Christopher Quackenbush was known to Perhaps his crowning philanthropic spirit. Fluent in four languages—French, all as a gentleman, husband, father, leader, achievement was the establishment of the Spanish, Russian, and Swedish, he was also philanthropist, and Law School Trustee. Jacob Marley Foundation. Like the charac- conversant in German, Portuguese, and Ital- Quackenbush combined his many gifts and ter in the classic Charles Dickens tale for ian. He wanted to live in Manhattan on a talents with a strong sense of social responsi- whom the foundation is named, Chris police officer’s salary, so he lived in a low- bility and selfless generosity. In this way, he Quackenbush offered people an opportu- income housing project near Lincoln Center. did more good during his brief lifetime than nity to change their lives for the better. The He looked out for everyone he came into many who are blessed with length of years. Foundation established educational pro- contact with. Friends and friends of friends Quackenbush was a founding partner of grams for disadvantaged children as well as occupied his second bedroom—even a the boutique financial services firm Sandler scholarships, including a full tuition schol- homeless man Perry had befriended. He O’Neill & Partners, where he headed the arship at the Law School. ■ A COMMUNITY TRANSFORMED 97

his firsthand historical perspective on U.S.- NYU Law Cohosts Islam Islamic foreign relations. The Pakistani ambassador to the U.S. Conference With Bill Clinton Maleeha Lodhi cautioned against accepting the media-generated “CNN effect” that the Western and the Islamic worlds are mono- liths. Lodhi noted the importance of the two unresolved disputes within the Islamic world—the Indo-Pakistani conflict over the Kashmir region and the ongoing Israeli- Palestinian clashes. Among other things, she focused on the need to address both the symptoms and the root causes of extrem- ism—economic deprivation, social injus- tice, and unresolved disputes in the region. Abdulaziz Al Fahad, a Saudi attorney affiliated with the firm Akin, Gump, ad- dressed the disconnect between rhetoric and policy that is both internal to Middle Eastern (l-r): Abdulaziz H. Al-Fahad; Senator Joseph Biden, Jr.; William J. Clinton; Maleeha Lodhi; Edward P. Djerejian; and states and projected by the United States. Shibley Telhami He and Shibley Telhami of the University of Maryland noted that economic inequality and poverty are factors contributing to the The William Jefferson Clinton Pres- in Southeast Asia; Houchang Chehabi, “demand side” of terrorism, but he argued idential Foundation, NYU School of Law, Professor of International Relations at that more important than these factors were and Georgetown University cosponsored a Boston University; Tariq Ramadan, Pro- humiliation and hopelessness among Islamic conference entitled “Islam and America in fessor at the College of Geneva and Uni- peoples, which can only be addressed with the Global World.” The idea for an all-day versity of Fribourg; and James Zogby of the political and economic efforts capable of conference examining the troubled relation- Arab American Institute discussed a range empowering moderate voices in these states ship between the United States and the of issues, all calling for greater education, a to fight extremism from within. Islamic world had come from Clinton. key to progress. Senator Joseph Biden, chair of the Former President Clinton chaired the first Perhaps the most striking aspect of the Senate Foreign Relations Committee, noted panel, “What Does the Islamic World Think third panel, “The Changing Roles of Wo- that, while the Western world has spent of America?” Panelists were sharply critical of men in Islam,” was the shared sentiment of hundreds of years in transition, starting United States policy toward the Middle East. Muslim women scholars that there weren’t around the time of Martin Luther, from a “Americans must want to learn about their many similarities among them. Although all religion-centered state to an industrialized foreign policy,” said Raghida Dergham, Senior considered themselves followers of Islam, state, many of these same forces have only Diplomatic Correspondent at Al-Hayat, an each speaker’s experience with the faith and recently visited the Islamic world at an Arabic daily newspaper. the culture was shaped largely by her coun- accelerated pace. Muqtedar Khan, the Director of Inter- try’s particular practice of Islam and her While showing respect to those who national Studies at Adrian College in Mich- country’s economic and political struggles. died in the September 11 attacks, Biden igan, criticized the U.S. for supporting The panelists included Leila Ahmed, said it “may be the day that marked the undemocratic monarchies, such as the one Professor of Women’s Studies in Religion, beginning of a change in the hopes of a dif- that came to power in Iran in 1953, while Harvard Divinity School; Sylviane Diouf, ferent century. It so crossed the bounds of holding itself out as a democratic nation. Adjunct Professor, New York University; what was acceptable behavior that it had a Clinton defended U.S. policy in the re- Ziba Mir-Hosseini, Global Visiting Pro- catalytic effect on the world.” gion and addressed what he said was the fessor, New York University School of Law; Former President Clinton offered some misconception that Israel gets a dispropor- Amina Wadud, Professor of Religious closing thoughts. Although he now saw tionate amount of monetary aid. Israel and Studies, Virginia Commonwealth Univer- America as the “dominant political and Egypt receive the same amount from the sity; and Amira Sonbol, Associate Professor, economic force in the world” after the fall U.S. every year as part of the 1979 Camp Center for Muslim-Christian Understand- of communism, that dominance cannot last David Accord, he said. ing, Georgetown University (moderator). forever—eventually, the unified European The second panel, “Islam in a Modern The daylong conference concluded with and Chinese economies will catch up and World,” was moderated by NYU Law a panel discussion entitled “The U.S. and likely surpass that of the U.S. “We need to Professor Noah Feldman, an organizer of the Islamic World: Where Do We Go From decide what to do with our brief moment the conference. The participants, Osman Here?” Edward Djerejian, the former U.S. in history. We will be judged by what we bin Bakar, Georgetown Professor of Islam ambassador to Syria and Israel, provided tried to do.” ■ 98 AUTUMN 2002

the name of religion, and their willingness NYU Law Programs Address to rebel against Muslim leaders they see as unfaithful. These doctrinal splits, Haykel September 11 Attacks said, drive today’s violence. “The battle we witness today is, at heart, a battle within Islam—the United States is not, and can- Throughout the academic year, NYU Law struggled to under- not be, a primary actor.” NYU Law Professor Noah Feldman, an stand the global forces that enabled the attacks and the worldwide expert on Islamic law, saw a more active American role—to encourage democratiza- repercussions that continue to flow from them. Student groups, profes- tion in Middle Eastern nations. Feldman explained that people living under undem- sors, centers, and the Hauser Global Law School Program organized ocratic regimes in the Middle East are frus- trated with their lack of self-governance. a series of lectures and panels. The Global Law faculty played a Because Islam is less effectively repressed than political dissent (governments cannot prominent role in these discussions, bringing a much-valued interna- close mosques as easily as they can shut down newspapers), it is “the only opposi- tional perspective to events that cannot be understood simply as an tional game in town.” Feldman said that the U.S. should support democratization in attack on the United States. Middle Eastern countries in order to calm dissent. “Permitting self-governance will deflate, defuse, and deflect the frustration Greenberg Lounge was packed on Fri- The Future of Afghanistan day, September 14, 2001, for a discussion that leads to acts of violence.” The democ- that featured NYU School of Law Vice- and the War on Terrorism racy promoted should be “thin,” including Dean Stephen Gillers, Professors Stephen only those rights necessary for elections and self-governance, not a full-on protection of Schulhofer and Theodor Meron, and Hauser Barnett Rubin, one of the world’s fore- individual rights. A further expansion may Global Law faculty members Nicola Lacey, most experts on Afghanistan and Director be untenable in Muslim countries at the Ratna Kapur, and Philippe Sands. Their of Studies at NYU’s Center on Interna- present time, he explained. discussion focused on the complex interna- tional Cooperation, spoke in November at Mohammed Fadel, an attorney at the tional legal issues that might arise as a an event hosted by NYU Law Professor firm Sullivan and Cromwell, who holds result of the events of September 11. Most Stephen Holmes. Rubin gave a detailed de- a doctorate in Islamic Studies, explained of the speakers expressed the hope that the scription of the relationship between Al that the modern understanding of citizen- United States would show restraint and Qaeda and Afghanistan, and between the ship, which is based essentially on geogra- follow its obligations under international Ta liban and the international community. phy, is alien to Islamic law. Radical Muslims law in its response to the terrorist attack. He shed light on Afghanistan’s complex often refuse to take part in their societies; In October, as part of an international role in the events. Stating that Afghanistan the traditional manner of expressing dis- law lecture series, Hauser Global Law fac- was not the source of the attacks, and that, sent, he noted, is by exit, not voice. ulty member Philippe Sands spoke to sev- in fact, “no Afghan has ever been attributed Global Visiting Professor Ratna Kapur eral first-year students about the Bush with an act of international terrorism,” noted the failings of mainstream discus- Administration’s initial attempts to respond Rubin said that nevertheless they “import sions. Her hope, she said, was to “dislodge to the attacks within a multilateral frame- terror, process it, and then export it.” work and in compliance with international our focus on a religious and cultural expla- law. He discussed the Administration’s nation” of current violence, pointing in- successful attempt to receive support from Law and Religion After 9/11 stead to politics and the end of the Cold the United Nations Security Council in the War. Kapur said religion has joined the The next day, the Law School hosted a form of two binding resolutions, and he combatants in the United States–led war symposium called “Law and Religion after described NATO’s invocation of Article V, against terrorism. Commentators such as 9/11: Perspectives on Islam and Islamism.” which recognized the attack as an attack on Reverend Jerry Falwell, Italian Prime Bernard Haykel of NYU’s Departments of all member states. Sands ended his remarks Minister Silvio Berlusconi, and President Middle Eastern Studies and History began by reminding first-year students, whose le- George W. Bush had claimed the divine as the program with a brief history of radical gal education began in difficult times, that a member of their coalition, while Muslim Islamic thought, noting doctrinal differences “the commitment you will be trained to leaders have worked to dissociate them- among sects. Haykel said the most impor- have to the rule of law extends to things selves from the attack on the World Trade tant difference involves groups’ willingness that happen outside the U.S.” Center and the Taliban. Commentators to declare other Muslims infidels, thereby have also relied on a vision of culture (par- implying that their blood may be shed in ticularly Islamic culture) as fixed and A COMMUNITY TRANSFORMED 99 static, thus closing off any consideration of International Conference on change or dissent. Moving religion so strongly to the foreground obscures other the Jurisprudence of War Wachtell, Lipton, Rosen & essential aspects and “makes the situation an outcome of culture, not of the contem- February saw another large event that Katz Establishes $5 Million porary situation.” Kapur pointed out the explored the legal aftermath of the Septem- Fund at NYU for Children of recent pedigree of radical Muslim groups, ber 11 attacks. A two-day conference, which which have mostly been founded within brought together a distinguished group of Emergency Workers Killed the course of the last few decades, not in U.S. and foreign scholars, explored issues sur- in the WTC Tragedy some timeless Islamic past. rounding President Bush’s executive order of November 13, 2001, concerning military tri- bunals. Called “The Jurisprudence of War,” Martin Lipton, the Chairman of New York Iran, Democracy, the event was co-hosted by NYU and University’s Board of Trustees and a founder and Human Rights Columbia law schools. The organizers were and partner at the law firm Wachtell, Lipton, NYU Law Professor Stephen Holmes and Rosen & Katz, announced that the firm will Columbia Professor George Fletcher. establish a $5 million scholarship fund at Six panels examined the complexities of NYU to help provide for the dependents of bringing the perpetrators of the September the firefighters, police officers, and emer- attacks to justice. The first panel debated gency medical services personnel who lost the principles and practicalities of setting their lives responding to the World Trade up international or domestic tribunals. The Center tragedy. framework for the subsequent discussion The fund, to be called the Wachtell, was sketched out by Harvard Professor Lipton, Rosen & Katz Scholarship Fund at Anne-Marie Slaughter and Yale Professor New York University, will be used to provide Harold Koh. Slaughter emphasized that full tuition, room, and board at NYU for the it is important for justice to be done inter- sons and daughters of these brave men nationally due to issues of uniformity of and women. Recognizing that firefighters, law, legitimacy, progressive development police officers, and EMS personnel from of international criminal law, and symbolic New Jersey, Connecticut, and other areas force. Koh expressed confidence that U.S. beyond the city were among those who lost national courts can handle cases of interna- their lives in the attack, the University will tional terrorism and was skeptical that an make the scholarships available not only international tribunal would be a viable to New York City residents but to all those option due to the politics of the U.N. who meet the eligibility requirements. Security Council, the lack of international Eligibility will be determined by NYU in Reza Pahlavi acceptance, and logistical problems. He consultation with the New York City Police also pointed out that in light of the In- Department, the Fire Department of New ternational Criminal Court (ICC) coming York, and the Port Authority of New York In December, Reza Pahlavi, son of the into force, there is a need to get national and New Jersey. late Shah of Iran, addressed attendees at an courts into shape for hearing international Lipton said, “Courage has a face, and it event sponsored by the Middle Eastern Law cases under the doctrine of complementar- can be seen in the valorous and selfless Students Association. Since the unexpected ity established by the ICC. men and women in our city’s emergency and sudden removal of his father in 1978, The second panel continued the debate services—fire, police, and EMS—who daily the crown prince has lived with his family by examining the use of specially created run in when the natural instinct is to run out. in exile. Having completed his education at military tribunals with presentations by At no time in our city’s history has that the University of South Carolina, the for- Aryeh Neier of the Open Society Institute; courage and dedication been on greater dis- mer fighter pilot now resides in the suburbs NYU Law Professor Rick Pildes; Michael play than it was on September 11, and at no of Washington, D.C., where he has recently Dorf of Columbia University; and David time has their commitment to duty come emerged as the leading exile voice for Cohen of Berkeley. The presentations and with a higher cost for them or this city. The democratic reform in Iran. Following the subsequent discussion ranged from an anal- sacrifice these heroes made on behalf of events of September 11, his message was ysis of Geneva Convention requirements for New York has moved us and humbled us clear and simple: to bring a democratic ref- POW status to the grounds used to justify beyond all words. I am gratified that erendum of self-determination to the holding Taliban and suspected Al Qaeda Wachtell, Lipton, Rosen & Katz and New York nation of Iran. Pahlavi was confident that if members. Participants were uniformly crit- University can do something that will, per- given the opportunity to select their own ical of military tribunals, although their haps, in some small measure make their form of government, the Iranian people will rationales varied—covering reasons of law, families’ sacrifice a little bit lighter.” choose democracy. principle, policy, and pragmatism. 100 AUTUMN 2002

Richard Posner of the University of Day two of the conference began with lesson and the U.S. has not because the sit- Chicago Law School wound up the first day panels that analyzed separation of powers uation here is very different from ordinary with a presentation on “Balancing Civil and emergency powers issues relating to the terrorism.” Kumm contrasted the terrorist Liberties Against Security.” Stating that possible use of military tribunals. Both top- threats faced by European nations in which the “terrorist threat is big enough to make ics evoked lively discussion. The final two the actors had political goals that included us question all of our assumptions from the panels looked at “Detentions: Patriot Act future relationships with the governments ground up,” he pointed out that jurists in and Guantanamo” and “The International involved with the U.S. situation in which the 1800s could not have conceived of the Critique of American Policy.” Participants “the terrorists are trying to kill the enemy possibility of a suitcase atomic bomb and picked up on themes that had been devel- civilization because it is the devil.” He also stated that lawyers are little qualified to oped throughout the conference, including stated that nuclear and biological weapons adjudge national security issues. Posner ar- the value of precedent and the European make this situation unprecedented. Kumm gued that the scope of the Fourth Amend- experience with terrorism, and the thorny argued that ordinary jury trials may not be ment should be adjusted according to how problem of what kind of adjudicatory forum appropriate and that the U.S. must move great the danger is and pointed out that is ultimately appropriate. NYU Law Pro- outside the framework of federal courts, but freedom of speech may be restricted where fessor Mattias Kumm cautioned, “It is too should use independent judges in new insti- there is danger. simple to say that Europe has learned its tutions and not military tribunals. Ruth Wedgwood of Yale Law noted that the Geneva Convention can be interpreted to prefer military tribunals and discussed the Students Respond to Crisis problems that arise as a result of non-state With Legal Theory actor adversaries. Wedgwood also touched ERIN HOLT (’03) on the issues of protecting intelligence and court security as reasons to take these trials With classes cancelled and downtown Manhattan handling of the Spanish Influenza epidemic of 1918, out of the civilian court context. closed below 14th Street, NYU Law students were not Japanese internment by executive order during World The distinguished and diverse group of thinking about legal theory in the days following War II, and the judicial response to the Arab Oil participants also included Jose Alvarez, September 11. Our first instincts were to make sure Embargo. Discussions were organized around a set Columbia; Andrew Arato, The New School that all friends and classmates were accounted for, of readings and short reaction papers written by stu- University; Mirjan Damaska, Yale; Lori and beyond that to think about how life, let alone law dents. Responses were always varied, with argu- Damrosch, Columbia; Mireille Delmas- school, could possibly return to normal after such a ments stemming from economics, constitutional and Marty, Paris I; Albin Eser, Max Planck Insti- close encounter with immense tragedy. But as the social contract theory, as well as differing positions tute, Freiburg; David Golove, NYU Law; days progressed, classes resumed, and the current on government action and branch interaction. In Neal Katyal, Georgetown, Yale; Jaime state of world affairs began to take shape, our addition to these weekly conversations, several stu- Malamud, Buenos Aires; Gerald Neuman, thoughts turned inevitably to how we as students dents, including myself, chose to use the seminar to Columbia; Catherine Powell, Columbia; Jeff would be able to channel our emotions and concerns fulfill their major writing requirement. We were Rosen, George Washington University; through our legal education, and more important, how allowed to choose our topics, as long as they Michel Rosenfeld, Cardozo; Stefan Trechsel, the law itself would change as a result of the changed involved some form of “crisis” under the elusive and Zurich; Michel Troper, Paris X; and Michael world. Professor Clayton Gillette’s seminar on Legal evolving definition given by the class. I chose to Walzer, Princeton. Response in Times of Crisis was a unique and write about what I found to be the most compelling focused way for upper-class students to take these legal response to September 11 to date, the estab- conversations out of the courtyard and hallways, and lishment of an administrative compensation fund for Workplace Discrimination, into the classroom. The overwhelming response to the victims of the World Trade Tower and Pentagon Privacy, and Security seminar was itself a manifestation of student interest attacks. Other topics covered by students included in the legal implications of the current situation for judicial response to the AIDS in schools crisis in the After 9/11 civil rights, constitutional interpretation, administra- mid-1980s, the current economic and political crisis In May, The Center for Labor and Em- tive law, and the federal system. in Argentina, and the implications of the recent ployment Law held the 55th Annual Beginning with a brief historical survey of gov- PATRIOT Act for educational privacy. Although many Conference on Labor, “Workplace Discrim- ernmental mechanisms for handling crises from the of the class topics were greatly separated in time, ination, Privacy, and Security After 9/11.” Roman Empire through the modern democratic subject matter, and degree of impact from recent The program assembled the nation’s lead- state, we started the semester by developing a set of events, the majority of our discussions ended up in ing practitioners of labor and employment institutional behavioral “norms” in times of crisis. strong parallels and analogies to current events. As law, human resources, labor economics, Using these norms in combination with a roster of the semester moved on, we found ourselves pro- industrial relations, and related fields, to public and private actors and interest groups, each voked to think about the legal world and our own examine the ways in which September 11 weekly meeting of the seminar focused on a discreet worlds in new and different ways, some hesitant, has changed the lives of Americans in the and distinct crisis analysis. Topics included Lincoln’s some hopeful, but all evolved from our initial workplace. Numerous ground-breaking suspension of habeas corpus, local government responses to the tragic events of last September. papers were presented on the tragedy’s A COMMUNITY TRANSFORMED 101

before the NLRB since September 11. Their presentation was followed by a lively question-and-answer session from confer- ence participants. The conference concluded with an exami- nation of the question of physical and emo- tional security. In addition to presentations from security experts at prominent New York companies, leading practitioners in the field NYU Law Professor Stephen Holmes, one of the organizers of the International Conference on the Jurisprudence of War discussed issues of union duties, employee assistance plans, and workplace stress claims. The conference was cosponsored by the implications for workplace discrimination, former National Labor Relations Board American Bar Association’s Section on La- privacy, and security. (NLRB) Member Marshall Babson. bor and Employment Law, the Industrial The first part of the conference focused on The conference looked at the contribu- Relations Research Association-New York whether there were legitimate reasons for tions collective bargaining can make to miti- Chapter, the Labor and Employment Law government and employers to make selection gate the impact of layoffs and other responses Committee of the American Corporate decisions on the basis of the ethnic origin or to September 11-induced economic down- Counsel Association, the Labor Policy Asso- ethnic appearance of individuals. There was turns, and the special issues raised by the ciation, the National Labor Relations a very lively debate among prominent consti- need to preserve positions for employees who Board, National Employment Lawyers As- tutional scholars, including Sherry Colb of undertake military service obligations. sociation, the Labor and Employment Rutgers University; Peter Schuck of Yale NLRB Chair Peter Hurtgen and NLRB Section of the New York State Bar Asso- Law; and Deborah Malamud, University of Member Wilma Liebman gave a luncheon ciation, and the Society for Human Re- Michigan Law School, on the issues of ethnic talk about recent developments in cases source Management. ■ profiling, anti-Arab/Muslim charges in the EEOC, English-only rules in the workplace, and the scope of constitutional protection of employees who engage in hate speech. Professor Alfred W. Blumrosen of Rutgers Jonathan Bing (’95) Coordinates University School of Law gave a presentation entitled “Intentional Job Discrimination in FEMA/ABA Hotline Metropolitan Areas.” Blumrosen’s talk focused on the use of EEO-1 data to identify In the days following the World Trade insurance, contracts, and real estate. Bing’s employee discrimination. He challenged the Center tragedy, people from all over New mission was to see to it that each qualifying EEOC to create a vision for enforcing York City and the nation were eager to lend case was matched with an attorney who employment discrimination claims, and said their expertise to those in need. Volunteering could help (disaster legal services are he hoped that the EEOC would consider was a way to channel energy and emotions reserved for people who can’t afford a lawyer using EEO-1 data in the future to identify as well as to lend practical assistance to vic- and none of the cases can be fee generating; employee discrimination claims. tims and their families. The legal commu- lawyers cannot sue airlines, for example). The conference then turned to questions nity responded with an outpouring of offers In addition, many current law students of immigration law and practice. Im- of pro bono assistance, which necessitated a were able to lend assistance by doing legal migration experts, including Frederick Braid, massive coordination effort. research. “What’s nice about this program David Rosoff, and Jo Anne Adlerstein, looked Jonathan Bing (‘95), coordinated the hot- is that the first lawyer that people are going at the rights of resident aliens, anti-discrimi- line set up by The Young Lawyers Division of to hear from is a lawyer who practices in nation provisions of the Immigration Reform the American Bar Association and the that area, so if they have a landlord-tenant and Control Act, and the practical impact of Federal Emergency Management Agency to question, they’ll get a call from a landlord- September 11 on the processing of natural- facilitate the work of volunteer lawyers. tenant lawyer, a lot of whom are sole practi- ization and H1-B “guest worker” petitions. As time passed, it became more and tioners,” Bing said. “This is where the law Conference participants also examined more apparent that many of the individuals students have come in particularly handy, the role of background checks and the per- who had been through this tragedy had because a sole practitioner might not have missible extent of electronic and computer complex legal issues to resolve. Among the access to the legal research services that a use surveillance, in light of concerns with concerns were landlord-tenant disputes and big firm might have.” workplace security and the enhanced tech- employment issues. Families of the victims The panel was made up of more than nological competence to monitor workplace also needed estate advice, tax assistance, 250 lawyers. Ultimately, the hotline helped conduct. The panelists were comprised of and help adopting orphaned children. more than 750 people with questions relat- top practitioners in the field, including Small businesses had issues concerning tax, ing to the September 11 attacks. ■

103

Around Vanderbilt Hall

HE NYU LAW INTELLECTUAL COMMUNITY CONTINUES TO T grow with each passing year. Distinguished guest speakers and visitors engage faculty, students, and alumni in a wide range of formats— both formal and informal—to discuss the most important legal issues of the day. The Law School is a lively and vibrant place for the sharing of ideas, where intellectual curiosity and academic pursuits are duly rewarded. 104 AUTUMN 2002 Justice Breyer Delivers Madison Lecture Supreme Court Justice Stephen Breyer visited NYU Law to give the annual James Madison Lecture. The event brought students, faculty, alumni, and judges together to hear Breyer’s views on interpreting the United States Constitution.

One of the Justice’s examples focused on the conflict within campaign finance reform between free speech and balance of power. While the language of the Constitution seems to indicate unrestricted freedom of speech, Breyer explained that the purpose of the First Amendment is to ensure demo- cratic government. “Seen in this way, cam- paign finance laws, despite the limits they impose, help to further the kind of open public political discussion that the First Amendment also seeks to encourage, not simply as an end, but also as a means to achieve a workable democracy,” he said. In conclusion, Breyer suggested that a consequentialist approach to the Consti- tution can reemphasize the importance of democratic self-government and public trust and participation in government. “We judges cannot insist that Americans participate in that government, but we can make clear that our Constitution depends on it,” he said. Prior to the lecture, Justice Breyer met with students in Greenberg Lounge, taking Justice Stephen Breyer (center) with his wife, Joanna Breyer, and Professor Norman Dorsen their questions and trying to demystify the role of the robed in our highest court. Most of the questions focused on the politics behind After a welcome by NYU President- anti-textual approach to interpreting the the bench and on Breyer’s role among the Designate John Sexton, who characterized Constitution. “I cannot find an easy answer other Justices. the Madison Lecture as “the premium lec- to many constitutional questions in lan- Breyer is the latest in a long line of ture each year at the Law School,” Professor guage, history, or tradition,” he explained. Supreme Court and federal appellate Justices Norman Dorsen, director of the James Instead, Justice Breyer told the audience, who have given these lectures since 1959. Madison Lecture Series, introduced Breyer. he seeks a consequentialist approach to His speech was based on a text that will be Breyer told the audience he had recently interpretation. published in the NYU Law Review. Profes- toured Ground Zero, the site of the The Constitution, Breyer explained, is a sor Dorsen has edited and published one destruction of the World Trade Center. He statement of purposes—like the preserva- book of James Madison Lectures, The Evolving said it is important that lawyers and judges tion of individual liberty, the rule of law, Constitution, and is preparing to publish continue on despite the tragedy, because and the dispersion of power. These purposes a book of the latest lectures entitled, The law, reason, and civilization are the opposite are important and the Court should focus Unpredictable Constitution. of the forces that destroyed the towers. on the likely impact a case’s resolution may Funding for the Madison Lectures is With that, the Justice began his lecture have on them. The Court should apply the provided by the Schweitzer Endowment, titled, “Our Democratic Constitution.” His purposes of the Constitution in adjudicat- the Philip Morris Companies, the estate of hour-long speech focused on an anti-literal, ing the dispute. Howard Cosell (’40), and other donors. ■ AROUND VANDERBILT HALL 105

computer that assigned her to Tribe’s Annual Survey Constitutional Law class. Sullivan not only argued Bowers v. Hardwick with Tribe to the Dedicated to Supreme Court, but is also a close friend, turning to Tribe at moments of professional Laurence Tribe and personal crisis. Bob Shrum, Chairman of Shrum Devine and Donilon, a political and media consult- The NYU Annual Survey of American Law ing firm, told the audience that Tribe’s dedicated its 2002 volume to Laurence ideals were the basis of his politics and Tribe in a ceremony attended by some of praised Tribe for caring more about fighting the legal profession’s most prominent mem- for justice than becoming a Justice. bers. The Annual Survey, in its 60th year of Stephen Breyer, an Associate Justice of publication, is dedicated to an individual the Supreme Court of the United States, who has made an outstanding contribution echoed many of Shrum’s words. Justice to American law. Past recipients have Breyer used the occasion to encourage all included Arthur T. Vanderbilt, William J. Harvard Law Professor Laurence Tribe people, especially law students, to follow Brennan, Jr., Norman Dorsen, and Bishop Tribe’s model and put the great minds that Desmond M. Tutu. we all possess to work for the public interest. Laurence Tribe is the Ralph S. Tyler, Jr. Dean Kathleen Sullivan of Stanford Tribe humbly acknowledged the dedica- Professor of Constitutional Law at Harvard Law School, the first female dean of any tion to a standing ovation. In closing, he Law School and the author of the seminal school at Stanford and also a former student spoke of the need to maintain ideals, despite and still authoritative treatise on constitu- of Tribe’s, attributed her success to the the formidable challenges that we face. ■ tional law, American Constitutional Law. He has also distinguished himself as a promi- nent Supreme Court lawyer, arguing seven cases in the last five years, including the case that led to Bush v. Gore. The dedication “Poison Pill” Inventor Martin included honorary remarks by a number of Tribe’s colleagues and friends, providing the many distinguished attendees a glimpse of Lipton Honored by Wall Street the great man that Tribe is. NYU President-Designate John Sexton Barristers and the NYU Center opened the ceremony with a tribute to the Annual Survey, noting its distinguished his- for Law and Business tory and continued prominence. Sexton then recounted how Tribe, his friend for more than 40 years, was the key to his entering Martin Lipton, the President of the NYU law school and has influenced much of his Board of Trustees and a partner in the law subsequent career. Sexton recounted his time firm of Wachtell, Lipton, Rosen & Katz was with Tribe when he was writing American the guest at a luncheon sponsored by the Constitutional Law, describing it as an intense Wall Street Barristers and the NYU Center intellectual endeavor like none other he had for Law and Business. Lipton, known as an ever witnessed. expert in mergers and acquisitions, is cred- NYU Law’s Norman Dorsen, who has ited with inventing the so-called “poison known Tribe for 30 years, spoke of Tribe’s pill defense” during the 1980s to foil hostile expansive talents, describing him as a leader takeovers. in scholarship, teaching, current debate, and At the event, Lipton spoke of the events appellate argument for both public and pri- that led to the creation of the “poison pill” vate interests. and said that although some claim that this Judge John G. Koeltl of the Southern private law creation eliminated most hostile District of New York, a former student of takeovers, hostile takeovers also declined Tribe’s, spoke of the eloquence and insight because stock prices rose during the 1990s. of Tribe’s work, taking an enormous body of Lipton also discussed why many mergers do law and clearly explaining where it came not add to shareholder value, and suggested from, where it is, and where it might be in that this was because the shareholders of the the future. target company get a large premium. ■ Mergers and acquisitions guru Martin Lipton 106 AUTUMN 2002

lack of historical evidence about what the Chief Justice Thomas R. Phillips drafters of state constitutions had in mind when they inserted remedies clauses. State Delivers Brennan Lecture Constitutional Convention records contain very little discussion of the various remedy provisions, and to compound the problem The Honorable Thomas R. Phillips, Chief Justice of the Supreme many states that were admitted to the union after the Revolution simply adopted Court of Texas, delivered the eighth annual Justice William J. Brennan, other states’ provisions whole cloth and without discussion. Chief Justice Phillips Jr. Lecture on State Courts and Social Justice, “The Right to a Remedy.” also said that a lack of scholarly research on the topic makes it all the more difficult This lecture series, sponsored by the Institute for Judicial Administra- to form a consensus among scholars and tion (IJA) and the Brennan Center for Justice, provokes reflection upon practitioners about how remedy provisions should be interpreted. Not surprisingly, and celebration of the state judiciary. Previous lecturers in 2001 and there are almost as many interpretations of the right to a remedy as there are rem- 2000 were Justice Christine M. Durham of the Supreme Court edy provisions. Phillips argued that this lack of consen- of Utah and Chief Justice Shirley S. Abrahamson of the Supreme sus among state courts presents a signifi- cant obstacle to the efficient and consistent Court of Wisconsin. administration of justice. “State courts have an urgent responsibility to develop a coher- ent articulation of what is meant by a right Chief Justice Phillips has distinguished to a remedy,” he said. The Chief Justice himself both inside and outside the court- argued that far from being dead, the rem- room. After graduating from Harvard Law edy provision’s best days are ahead. He said School, he worked as a briefing attorney for that the right to a remedy has great poten- the Supreme Court of Texas and as a trial tial to expand “access to justice for the attorney for Baker Botts in Houston. Phil- poor” and that “the remedies clause may lips served as a judge in the 280th District have much to teach us about the judicial Court in Harris County, Texas, before he was responsibility to ensure equal justice under appointed to the Supreme Court of Texas in the law.” 1988. He has since maintained his seat in IJA was one of the first organizations three judicial elections and his current term committed to improving the administration ends this year. of justice in the federal and state courts. Outside the courtroom Phillips has Because of its reputation in the legal com- served as president of the National Con- munity and its relationships with federal ference of Chief Justices, chair of the Board and state judges throughout the country, of Directors of the National Center for the Institute, now in its 50th anniversary State Courts, an adviser to the American year, has offered an unrivaled opportunity Law Institute’s Federal Code Revision for ongoing dialogue between judges, policy- Project, and as a director of the American makers, and academics. Judicature Society. He currently sits on The Brennan Center for Justice unites the American Bar Association Judicial The Honorable Thomas R. Phillips, Chief Justice of the thinkers and advocates in pursuit of a vision Initiatives Committee and is chair of the Supreme Court of Texas of inclusive and effective democracy. Its Texas Judicial Districts Board and the Texas mission is to develop and implement an Judicial Council. innovative, nonpartisan agenda of scholar- Phillips examined the historical back- provisions have become weapons in the hands ship, public education, and legal action that ground and development of “the right to a of those seeking to restrain state legisla- promotes equality and human dignity, remedy” and the difficulties faced by state tures’ ability to erase or limit common-law while safeguarding fundamental freedoms. courts in interpreting and applying such a remedies and causes of action, particularly The Brennan Center uses scholarship, pub- right. Although absent in the U.S. Constitu- tort remedies. lic education, and legal action to find inno- tion, 39 state constitutions contain a right Phillips pointed out that one of the vative and practical solutions to intractable to a remedy provision, or what is alterna- major problems faced by state courts in problems in the areas of democracy, poverty, tively called an “open courts clause.” These trying to define a right to a remedy is the and criminal justice. ■ AROUND VANDERBILT HALL 107

More aggressive prosecution was one Senator Joseph Lieberman method Lieberman suggested to prevent future scandals like Enron. White collar Looks at Business Ethics crimes should not be treated with kid gloves, he insisted. Suggesting that corpo- in the Post-Enron Era rate board members should lose their seats for failure to live up to their fiduciary duties, Lieberman emphasized that “sitting Speaking at the invitation of NYU’s Center for Law and Business, on a board is a responsibility, not a reward.” Many of the measures Lieberman pro- U.S. Senator Joseph Lieberman urged a packed Vanderbilt Hall posed were aimed at protecting smaller investors and lower-level workers, including audience to “make integrity a top priority,” in a forward-looking the creation of an “Investor’s Bill of Rights and Responsibilities” to clarify what risks the address on corporate responsibility and ethics after the collapse of energy average stockholder should expect to shoul- der. Lieberman said information on corpo- giant Enron. Lieberman, who chairs a Senate committee investigating rations’ market activities should be more immediately and openly available, including Enron, suggested the company’s failure might be a canary in a coal mine “real-time” disclosure of executives’ stock sales. He also stressed the need for laws to for the business world—the warning of a “broad, troubling trend.” safeguard workers’ 401(k) retirement plans, especially those that give employees more “We’ve seen too many companies bend- Lieberman called for a “new corporate opportunity to buy and sell stock. ing rules, pushing through loopholes, defin- social contract” including more regulation The Senator also advocated limitations ing ethical deviancy down, and replacing and voluntary reform to improve a corpo- on financial analysts, who have become honesty with hokum and hype,” Senator rate culture that is too devoted to profit more like stock salespeople than impartial Lieberman said. “In the process, they don’t maximization. “Such single-minded pursuit observers. In addition, he said, “we have to just distort our values. They distort the is often disastrous,” he said. “Market values curtail the non-auditing work accounting markets, they taint the system, and they do not inherently incorporate moral values.” firms can do for the companies they audit.” threaten the free flow of capital to other, On the other hand, he said, “better ethics Senator Lieberman warned of the twin deserving industries.” lead to better economics.” dangers of over- or under-regulating busi- ness. He cautioned against idealizing gov- ernment’s role and excessively legislating in a way that would stifle enterprise. He also cautioned against idealizing the self-regula- tory powers of the market, noting the size of both the temptation to behave wrongly and the resulting damage. Lieberman further acknowledged that regulation and legislation have their limits. Government reform can only go so far. “We cannot ever put business ethics police on every corner,” he said. “Government will never be able to regulate or legislate in every corner of our markets, much less our lives.” Lieberman called for voluntary changes in corporate behavior to augment govern- ment action. Ultimately, he said, “whatever we do in business or in life, there will always be a place and time where human conscience alone guides us.” Lieberman told students that the whistleblowers at Enron were role models in this regard, and expressed hopefulness about their ability to create change. “Your generation can repair the damage done and turn this churning Senator Joseph Lieberman scandal into a net gain for our economy.” ■ 108 AUTUMN 2002

and the Benjamin F. Butler Memorial Supreme Court Clerkships Award for unusual distinction in scholar- ship, character, and professional activities. for Four of NYU Law’s Own Carter credits the Clerkship Committee for steering her to two incredible opportuni- ties—her current clerkship with Judge Three graduates of NYU Law and one current third-year student Posner and her upcoming assignment with Justice O’Connor. have been chosen for Supreme Court clerkships. Troy McKenzie (’00) is Maggie Lemos has most recently served in the chambers of Judge Kermit V. Lipez in currently clerking for Justice John Paul Stevens during the 2002- the United States Court of Appeals for the First Circuit in Portland, Maine. She was 2003 term. In 2003-2004, Janet Carter (’01) will clerk for Justice Senior Notes Editor of the Law Review and Sandra Day O’Connor. During that same term, Maggie Lemos (’01) a recipient of the Edward Weinfeld Prize for distinguished scholarship in the area of fed- will clerk for Justice Stevens. And third-year Larry Thompson has eral courts, civil procedure and practice, evidence, and/or trial practice while at already accepted a clerkship on the Court for the 2004-2005 term, NYU Law. Lemos clerked in the Office of the Solicitor General in Washington, D.C., where he will work with Justice Clarence Thomas. in Summer 2001, and returned in August 2002 as a Bristow Fellow, where she will work until beginning her clerkship with “Supreme Court clerkships are incredi- Carter. “Coming from New Zealand, I Justice Stevens. According to Lemos, she’s bly difficult to get,” says Professor Michael faced foreigner-unique problems that were “still in a complete state of shock,” about Wishnie, Chair of the Clerkship Committee. addressed enthusiastically by everyone I being chosen to clerk for Justice Stevens. “This record of success is testament to the asked for help—I doubt that a school with- “I’m really grateful to Mike Wishnie for his high caliber of NYU Law students.” out NYU’s global focus would have had the help during the application process. Once I Of his experience as a Supreme Court capability or the inclination to do the got the interview, he put me in touch with clerk, Troy McKenzie says, “My clerkship same.” As an NYU Law student, Carter NYU grads who had clerked for Justice with Justice Stevens has been a true served as Managing Editor of the Law Stevens, so I had a sense of what to expect delight so far. The opportunity to interact Review and was a member of the Order of in the interview,” she says. with him on a daily basis has been every- the Coif. She received the Law Review Larry Thompson, who recently com- thing I had hoped it would be. I’m grateful Alumni Association Award for the second pleted his second year at NYU Law, will for the many helping hands at NYU who highest academic average after five semesters, clerk for Justice Clarence Thomas during the made this possible.” Prior to joining 2004-2005 term. Before heading to Justice Stevens’ chambers, McKenzie the Supreme Court, Thompson will clerked for Judge Pierre N. Leval in clerk for Judge J. Michael Luttig of the United States Court of Appeals the Fourth Circuit. “It is a great honor for the Second Circuit in New York to be able to clerk for a Supreme City and was a summer associate at Court Justice,” says Thompson. “I the firm Debevoise & Plimpton. am particularly excited to have the While at NYU Law, McKenzie was chance to learn from and develop the Executive Editor of NYU Law a mentoring relationship with Jus- Review, a member of the Order of the tice Thomas, someone I have always Coif, and the recipient of the Paul D. admired.” Thompson spent this past Kaufman Memorial Award for a summer clerking at the New York graduating student who has written firm of Kirkland & Ellis. During his the most outstanding note for the time at NYU, he has been the recip- Law Review. ient of a Dean’s Scholarship for his Janet Carter, who is presently academic achievement. Thompson clerking for Judge Richard Posner of has also served as a teaching assistant the Seventh Circuit in Chicago, for President-Designate John Sexton’s heads to Washington, D.C., in 2003 freshman honors seminar on The to serve Justice O’Connor. “I hon- Supreme Court and the Religion estly don’t believe that I could have Clauses, and as Deputy Commis- achieved what I have had I chosen a sioner of the Student Lawyers Ath- law school other than NYU,” says letic Program. ■ AROUND VANDERBILT HALL 109

clerked for the president of the Consti- Two More NYU Law Graduates tutional Court of South Africa from September 2001 to February 2002. Pollack Head to World Court as Clerks clerked with the Inter-American Court of Human Rights from September to December 2001. In Fall of 2002, two more NYU Law OTHER INTERNATIONAL CLERKSHIPS In 2001-2002, NYU Law Professor graduates will head to The Hague to work David Golove was given responsibility for at the International Court of Justice (ICJ). In addition to the ICJ clerkship pro- the international clerkships program, Established in 1999, and funded by gifts to gram, the HGLSP has sponsored students excluding the World Court clerkships. Two the Law School, the program provides grad- for clerkships with the Court of Justice of graduating students, Priti Patel (’02) and uating students and recent graduates with a the European Communities in Luxembourg. Frederick Rawski (’02), have been selected firsthand look at the work of the Court. To In Fall 2000, Michele Ameri (’00) received for financial support for clerkships abroad. date, the program has sent 12 graduates to financial support from the HGLSP to clerk Patel will clerk for one year at the the Court to perform research and assist the at the European Court. Constitutional Court of South Africa, start- judges. Almost all were fluent in French and Two other Law School graduates, Eric ing in August 2002, and Rawski is expected English, the working languages of the Court. Christiansen (’01) and Carol Pollack (’01), to clerk at the International Criminal The first five clerks served at the World received financial support for clerkships in Tribunal for Rwanda from August to Court from September 2000 to May 2001. different parts of the world. Christiansen December 2002. ■ They were Robert Dufresne of Canada (LL.M. ’98), Edda Kristjansdottir of Iceland (’98), Wiebke Ruckert of Germany (LL.M. ’98), Ludvine Tamiotti of France (LL.M. ’00), and Jeremy Zucker of the U.S. (’00). Anita Allen Delivers Bell Lecture In Fall 2000, more than 40 applications were received for the 2001-2002 clerkships. A committee consisting of NYU Law Pro- argued that society must balance the indi- fessors Norman Dorsen, Iqbal Ishar, and vidual autonomy we need and deserve with Michael Wishnie; Philippe Sands of the the accountability necessary to sustain the Global Law faculty; and Karen Johnson, social and familial ties that bind citizens Hauser Global Law School Program (HGLSP) together. She said that while people need a Program Associate recommended 12 candi- certain level of privacy for psychic and emo- dates to the ICJ. The Court selected Nicholas tional well-being, public accountability for Burniat of Belgium (LL.M. ’01), Devika private behavior is essential to maintaining Hovell of Australia (LL.M. ’01), Margaret social order. Allen believes that we cannot Satterthwaite of the U.S. (’99), Pablo Javier escape this reality because as Americans Valverde of Costa Rica (LL.M. ’98), and we imagine ourselves as autonomous and Felix Weinacht of Germany (LL.M. ’01). free individuals, but as human beings we The clerks began work in The Hague in are part of a network of relationships that September 2001. Anita Allen and Derrick Bell require accountability. In Fall 2001, encouraged by the success Allen further emphasized the role that of NYU Law’s initiative, the United racism and sexism play in the decision to Nations approved a budget for the ICJ to The Sixth Annual Derrick Bell Lecture hold people publicly accountable and she hire five permanent law clerks as civil ser- on Race in American Society, “Accountabil- noted that people of color and women are vants of the U.N. In recognition of NYU’s ity for Private Life,” was delivered by Anita often subjected to a higher scrutiny. How- contributions, the ICJ decided to continue Allen, Professor of Law at the University of ever, Allen encouraged people to hold indi- the NYU Law program with some modifi- Pennsylvania Law School. Allen, whose viduals of their same race and gender cations. For 2002-2003, the ICJ selected research and writing focuses primarily on publicly accountable for their private two NYU Law graduates who will be sexual privacy, has written numerous arti- behavior, arguing that actions such as Jesse assigned to work with individual judges. cles and is the author of Privacy for Women in Jackson’s marital infidelity have negative They will be designated as trainees/ assis- a Free Society, co-author of Privacy Law: Cases repercussions on all blacks. tants to judges to distinguish this group and Materials, and co-editor of Debating Established in 1995 to celebrate Profes- from the permanent clerks. This year’s Democracy’s Discontent: Essays on American sor Derrick Bell’s 65th birthday, the Derrick participants, selected from a very strong Politics, Law, and Public Philosophy. Bell Lecture on Race in American Society group of candidates, are Judith Levine of In her lecture, which explored the vari- is made possible by the generous support Australia (LL.M. ’00) and Anne Rubesame ous ways Americans hold each other pub- of friends of Derrick Bell and the Geneva of Germany (’01). licly accountable for private behavior, Allen Crenshaw Society. ■ 110 AUTUMN 2002

knowledge of the issue their project seeks to More Postgraduate Fellowships address. Although the process is arduous, successful applicants often refer to their fel- in Public Interest Law lowship as a “dream job,” where they have the opportunity to work on issues about for NYU Law Students which they care deeply. Michelle Benedetto (’01), received a NAPIL/Equal Justice Works fellowship to NYU Law students have enjoyed phe- meet a pressing legal services need. The work with the Legal Aid Society of San Diego nomenal success in competitions for post- process begins during the Summer, when on their Juvenile Outreach Project. “NYU graduate fellowships in public interest law. students research potential sponsoring organ- served an integral role in the preparation of This year, 22 Law School graduates have izations and meet with public interest attor- my fellowship application,” Benedetto said. been selected for one- and two-year posi- neys who help them design projects that “My NYU experiences, particularly in the tions with renowned public interest organi- build on work that students have already Juvenile Rights Clinic, motivated me and zations across the country. Increasingly, a done in their courses, clinics, and summer shaped the development of my project. Pro- fellowship is the most prestigious first post- internships. Application essays are polished fessor Tony Thompson, Professor Randy graduate (or post-clerkship) job for students in the early Fall, and students work closely Hertz, and PILC Director Vicki Eastus pro- interested in careers in public interest law. with their professors and the Public Interest vided valuable feedback and support. Because The fellowship application process is rig- Law Center to craft compelling applications. I was clerking in the Southern District of orous. For most fellowships, applicants are The next stage is interviews, where appli- California, I especially appreciated the will- asked to partner with a public interest law cants are asked to demonstrate their legal ingness of NYU to coordinate time differ- organization and create a project that will acumen, commitment to public interest, and ences and distance in order to assist me.” ■

Public Service Fellowships Received in 2002 by NYU Law Students and Alumni

ACLU Fellowship Barbara Bolton, LL.M. ’99, Human Rights Watch Skadden Fellowship Gail Gove ’02, ACLU Litigation Project New York, New York Mallory Curran ’02, Legal Aid Society Seattle, Washington of Cleveland/MetroHealth Medical Center Gibbons, Del Deo, Griffinger Cleveland, Ohio Dalia Hashad ’00, ACLU Foundation & Vecchione Fellowship New York, New York Jennifer Ching ’00, Newark, New Jersey Omar Jadwat ’01, ACLU Immigrants Rights Project New York, New York Berkeley Law Foundation Fellowship Kirkland & Ellis Fellowship Melissa Froehle ’02, NYU PILF Grant Kim Seelinger ’02, Lutheran Family & Community Shina Majeed ’00, Urban Justice Center Central Minnesota Legal Services and the FATHER Services, New York, New York New York, New York Project (Fostering Actions to Help Earnings and Responsibility) NAPIL / Equal Justice Works Fellowship Andrew Williams ’02, Bronx Defenders Minneapolis, Minnesota Michele Benedetto ’01, Juvenile Outreach Project, Bronx, New York Legal Aid Society, San Diego, California Crowley Fellowship in International Human Rights Soros Justice Fellowship Maria McFarland ’01, Fordham Law School Rachel Meeropol ’02, Center for Constitutional Sarah Xochitl Bervera ’02, Grassroots Leadership New York, New York Rights, New York, New York Atlanta, Georgia

Equal Justice Initiative Fellowship Christian Mendoza ’02, NYU Law Center for Marlee Ford ’02, Bronx Defenders Gerald “Bo” King ’01, Equal Justice Initiative the Study and Practice of Community Justice Bronx, New York Montgomery, Alabama New York, New York Peter Markowitz ’01, Bronx Defenders Fried Frank Fellowship Jennifer Werdell ’01, New York Legal Assistance Bronx, New York Olga Akselrod ’02, NAACP LDF Group, New York, New York New York, New York Zubrow Fellowship NYU Center for Environmental Law Suzanne Meiners ’01, Juvenile Law Center Furman Fellowship and Land Use Fellowship Philadelphia, Pennsylvania Laurie Berg, LL.M. ’02, Lawyers Committee Joel Beauvais ’02, New York, New York for Human Rights, New York, New York AROUND VANDERBILT HALL 111

client’s legal problem, researching the law, Listening and Lawyering: and ultimately recommending a course of action. As the exercise unfolds, students Anna Deavere Smith Teaches come to understand how their interaction with the client shapes, and is shaped by, Law Students New Ways to Hear both parties’ assumptions and expectations. Smith worked with a group of Lawyering students for part of this exercise, viewing The Lawyering Theory Colloquium invited Anna Deavere Smith to several tapes and joining the students when they met to discuss their work. Smith create a workshop introducing NYU Law students and faculty to her observed that the students’ interviews on the tape, like many of her own—and like the unique method of interviewing and representation. workshop itself—were conversations around the “space” of a table. She encouraged par- Anna Deavere Smith’s signature one- subject’s authentic voice and invited the ticipants to consider how and when the con- woman performances arise from careful study law-trained audience to take a fresh per- versational “space” filled with the voices of of the exact speech and gestures of people she spective on what it means to interview, and those around the table, and the implica- has interviewed—for example, those affected to represent, another person. In keeping tions for conversations between lawyer and by civil unrest and racial conflict in Crown with a program that seeks to teach through client, teacher and student. Heights, Brooklyn (Fires in the Mirror) and experience, Smith presented her work as a To “think like a lawyer,” many feel Los Angeles (Twilight: Los Angeles, 1992). A series of opportunities for participants to lis- obliged to filter out the information con- playwright, MacArthur Foundation “genius” ten, speak, and learn by reflecting on the veyed in a client’s voice and gestures. Yet award winner, and actress (with a recurring “space between” speaker and listener. the voice is rich in data, Smith demon- role on the NBC series The West Wing), Smith began by showing videotaped sim- strated. Through video clips and live per- Smith recently took on the role of Univer- ulated client interviews conducted by first- formance, she introduced participants to the sity Professor at NYU, a title reserved for a year students in the Lawyering Program. voices of people she has interviewed, narra- small number of top faculty members. In These interviews generally are new students’ tives of injustice and conflict that would not addition to teaching performance studies at first opportunity to step into the role of be out of place in a law office or on a law Tisch School of the Arts, Smith is sharing lawyer. After several weeks of introduction school exam. Smith challenged her audience her distinctive take on interpersonal com- to factual and legal interpretation, student to hear what disappears from transcripts, munications at the Law School. pairs meet with a client (played by a teach- summaries, and memoranda, and to appre- In the workshop Smith demonstrated ing assistant) to learn the client’s story. The ciate how the voice itself can help the lis- her exceptional ability to elicit and hear a meeting prepares students for framing the tener understand the speaker. ■

Anna Deavere Smith (far right): “Listening is not just hearing what someone tells you word for word.” 112 AUTUMN 2002 Senator Jim Jeffords Delivers Abrams Lecture A standing-room-only crowd of NYU Law students welcomed Vermont Senator Jim Jeffords to Greenberg Lounge for the Fifth Annual Robert Abrams Public Interest Lecture. Attorney General Robert Abrams (’63) introduced Senator Jeffords, whose departure from the Republican party in June of 2001 tipped the balance of Vermont Senator Jim Jeffords delivering the Abrams Public power in the Senate. Interest Lecture

Jeffords elaborated on the theme of the The decision was not without personal weighed in—his son threatened to name his importance of an individual voice, candidly cost. Receiving a barrage of threats, Jeffords first child “Reagan Nixon Jeffords.” discussing his decision to declare himself an was obliged to accept 24-hour police pro- But the senator remains convinced that Independent and the turmoil the decision tection for a time, and faced the wrath of he is now better able to represent his state, caused in his political and personal life. He his colleagues, even losing his membership his principles, and his conscience. He coun- credited his maverick tendencies to the pol- in the Singing Senators, a barbershop quar- seled those in the audience to examine their itics and culture of Vermont, his home state, tet led by now ex-majority leader Trent own conscience and to do as it dictates. which pronounced its own independence Lott. Many of Jeffords’ close advisers were “You’ll live through it, and people will from the fledgling republic for 10 years, opposed to the move, and even his family accept and respect you,” Jeffords said. ■ declared war on Nazi Germany before the United States, and was the first state to abolish slavery and to recognize same-sex civil unions. An occupant of the Senate’s longest continuously held Republican seat, Burt Neuborne Delivers Jeffords also located himself in a long tradi- tion of moderate and independent-minded Weiss Public Interest Lecture Vermont Republicans. In an evenly divided Senate, he had hoped and expected that moderates would be a strong voice, and was At this year’s Weiss Public Interest encouraged by their success in adding $450 Lecture, Professor Burt Neuborne encour- billion in health and education programs to aged a sea of first-year students to work for the 2002 federal budget bills, the first the public interest, and urged those who meaningful education spending increase in wouldn’t make a career of it to be sure to a decade. But in the critical conference “volunteer your time.” One such example of committee process, all of this funding was private practice attorneys working with the zeroed out, and moderates were shut out of public sector to great effect is the litigation key deliberations and decisions. Educational over monies absconded from scores of programs Jeffords had long championed, Jewish families during the Holocaust. including early education and special edu- Neuborne played an integral role in secur- cation, lost out on what he considered a ing reparations from the German govern- unique opportunity to reach meaningful ment on behalf of families and descendants funding levels, given the budget surplus. of families whose wealth was misappropri- More broadly, he saw many of the issues ated during the War. He said that since this important to him swept aside by rigid par- class of plaintiffs was unable to command tisanship. Realizing that he had an historic attention on the world political stage, their opportunity to affect the legislative agenda, cause fell to the legal community. The suit Jeffords put aside a lifetime affiliation was brought in the Eastern District of New with the Republican party and announced York, with the settlement of the case for his independence. Professor Burt Neuborne $1.25 billion pending. Neuborne told the AROUND VANDERBILT HALL 113 students that the successful outcome of the cases shows the importance of lawyering in the American system and proves that any Public Service Auction student at NYU Law with “courage, stam- ina, and imagination” can effect change like Raises More Than $102,000 this in the future. Neuborne described the suit on behalf This year’s Public Service Auction featured of the Jewish population as falling into four the last pie ever to be hurled in NYU President- types of cases. The first type is the case Designate John Sexton’s face in the name of against the Swiss banks, who, in 1934, public interest law, and raised more than established secrecy in banking, enticing $102,000 to support summer public interest German Jewish families to pour their life scholarships for NYU Law students. savings into Swiss banks. Later, when the The events of September 11 posed a special descendants of those families came to with- challenge to the auction organizers, headed by draw the money, the banks refused to Auction Chair Kelly Burns (’03). When student John Sexton takes a final pie in the face release information about the account with- volunteers began canvassing the community in out the holder’s permission or a death cer- October, small businesses were less willing to tificate. Since no concentration camp issued donate than they had been in previous years. Alumna Beverly Farrell (’01), who was a death certificates, the families were unable Businesses in the community had donated to student auctioneer last year, made a repeat to access their money. And then 10 years September 11-related charities and were reluc- appearance. “This is not about discounts,” she after an account was opened, all the records tant to give to NYU, which they perceived as a urged, leading the audience in a rousing NYU were destroyed in accordance with Swiss wealthy institution, explained Gabrielle Prisco cheer. Farrell started a bidding war over a law, at which time the families had no hope (’03), Community Canvassing Chair. But in the weekend in Professor Sylvia Law’s country of ever recovering their money from the end, the auction ultimately received more local house in Woodstock, New York. The weekend bank. Neuborne characterized this behavior donations than last year. “Students really rallied went for $1500 and an additional weekend at by the Swiss banks as “the greatest fraud at the last minute,” said Prisco, adding that Professor Law’s country house sold for $1400. and double crossing imaginable.” He said, local businesses realized that their donations Despite Farrell’s urging, there were still “It violated the basic morality of being a would fund the type of legal work that would bargains to be had for ardent auction support- human being and of being a banker.” help the homeless, the unemployed, and those ers. Professor Law, who bid on two round-trip Neuborne then outlined the three other who had lost family members. “We also had an tickets to London on Virgin Atlantic Airlines related causes of action: against insurance excellent response from faculty, alumni, and “just to encourage bidding,” considered her companies who never paid out on policies new law firm donors,” says Burns. This support $1000 tickets a “bargain.” A vacation package owned by Jewish Germans; against the enabled the Auction, despite a rough start and for two at The Ritz-Carlton Rose Hall in German government and corporations for the worst economy in its eight-year history, to Jamaica had a total value of $2520, but went the slave labor of German Jews; and against reach its six-figure goal for the first time. for just $1800. German banks for forcing sales of Jewish The silent auction, which raised $30,000, Farrell then made a plea for a “community assets at artificially low prices. included items such as dinners at local restau- gift” for a $3250 scholarship in Sexton’s name. Neuborne also spoke of the importance rants, tickets to movies and sporting events, Auction volunteers collected small donations of of an apology, like the one issued by and various goods and services donated by local $5, $10, and $20 from the audience. Farrell Germany and read by its President on businesses, faculty, and students. Items avail- explained that the gift honored Sexton in his last behalf of the country to the surviving mem- able ranged from private voice lessons to tarot year as Dean. “This guy is so important—it bers of the Holocaust. “It was a very emo- card readings. Auction participants nibbled on should be a community gift,” she said. tional moment and it can’t be calibrated in sushi, dumplings, and hot wings donated by The evening culminated in the long-stand- dollars,” he said. local restaurants as they placed their bids. ing tradition of throwing a pie in Sexton’s face. In closing, Neuborne compared the case The live auction raised a total of $37,000 and Enthusiastic auction supporters bid on not one for Holocaust reparations to a potentially featured several big-ticket items, from a cham- pie, but two. Anastasia Crosswhite (’02) threw similar claim for reparations by African pagne brunch for 20 at the home of Professor the first pie at Dean Sexton for $2000. Last Americans in this country. “The distinction Vicki Been and Dean-Designate Richard Revesz year’s auction chair Laura Gitelson (’02) threw is the timing,” he said. “In the German to vacations in Utah, Italy, and Jamaica. Former the second pie, bought by a group of students case, the victims were alive and those who’d New York City Public Advocate Mark Green was and faculty led by Vicki Eastus, Director of the benefited unjustly were identifiable.” In the one of the evening’s five auctioneers. Green, the Public Interest Law Center, for $1000. In case for slave reparations, it is harder to democratic candidate in the 2001 race for New response to cries from the audience to “Take it identify the victims and beneficiaries. York City mayor, garnered $550 for a helicopter off! Take it off!” and an additional bid of $500, Although people disregard the slave case on ride around Manhattan, joking that the helicop- Dean Sexton pulled off his Brooklyn Prep sweat- these grounds, Neuborne said a court ter would hover over Mayor Michael Bloom- shirt and tee shirt and stood onstage bare- might approximate the class of victims berg’s townhouse while he was in Bermuda. chested and covered in whipped cream. under an established equitable doctrine. ■ 114 AUTUMN 2002

University of Wisconsin, the Center Ideas and Action: Fighting amassed the single largest database of polit- ical advertising ever developed. for Campaign Reform at the Armed with this data, the Brennan Center then played a role in crafting a key Brennan Center for Justice legislative proposal that became one of the law’s cornerstones, the “Snowe-Jeffords” provision, aimed at closing the loophole that The passage of the Bipartisan Campaign Reform Act—more com- allows electioneering ads to masquerade as issue advocacy. The Center also defended monly known as McCain-Feingold—was a great victory for the reform the bill in numerous committee hearings and helped staff the “war room” on the Hill movement, and, more important, for our democracy. This new law is each time the legislation was debated in the House or Senate. The Congressional Record an important first step toward the goal of protecting the integrity of our was rife with references to the Center’s data and analyses at every step of the way. So elections and making elected officials responsive to everyday voters was the popular press. From the New York Times to the Los Angeles Times, journalists rather than to monied interests. and editorial boards consistently turned to the Center, both for legal comment and The Brennan Center at NYU Law is Center’s role in McCain-Feingold proved empirical support. proud to have played a role in this seven- them wrong, for the Center’s involvement Now the Center finds itself living the year battle, along with numerous other advo- has spanned the full arc from ideas to action. ultimate dream of any activist organization: cates, and now is thrilled to be part of the From the start, the Brennan Center the sponsors of the bill have asked the legal team defending the new law on behalf injected important new legal and policy Brennan Center to join an all-star legal of the sponsors against a barrage of lawsuits. ideas into the campaign finance debate in team defending the new law against a bar- The McCain-Feingold litigation and vic- the form of numerous books, monographs, rage of legal challenges. The defenders of the tory is a validation of the Brennan Center’s and articles in legal and political science reform law are up against some of the most founding premise: to create a new breed of journals. Also, with the guidance of Professor powerful and well-financed forces in poli- public interest organization that lives com- Burt Neuborne, the Center coordinated the tics—the National Rifle Association, the fortably in the world of ideas and in the real distribution of letters signed by former U.S. Chamber of Commerce, the ACLU, the world, just as Justice Brennan himself com- American Civil Liberties Union (ACLU) AFL-CIO, and the National Right to Life bined an uncanny ability to rethink entire leaders and top First Amendment scholars, Committee, to name just a few. And the areas of the law with a pragmatist’s insis- arguing in favor of the constitutionality of stakes are about as high as they could be. tence that law should be an engine for social the McCain-Feingold legislation. Another After all, the case, which is headed for the change. Skeptics thought it couldn’t be done, significant intellectual contribution to the Supreme Court in a matter of months, is sure predicting the Center would ultimately debate came with the Center’s unprece- to be the single most important campaign have to choose to be either a think tank or dented empirical work. In partnership with finance case in a generation. Not since the an activist organization. But the Brennan Professor Kenneth Goldstein of the Court’s 1976 landmark decision in Buckley v. Valeo (which, incidentally, was written by Justice Brennan) has there been a case that will have as profound an impact on the future of campaign finance reform at all levels of government. In this ultimate forum, the legal analysis the Center has been conducting for years and its groundbreaking empirical studies will once more play a critical role. Combining advocacy with research and scholarship—and doing it all under one roof—is a model put to work by the Brennan Center whenever the opportunity presents itself. Advocacy on behalf of local “living wage” initiatives, which insist that businesses create family-supporting jobs when they benefit from government subsi- dies, is being supported by the research (r-l): Senator Russell Feingold and his counsel Bob Schiff, with Brennan Center President Joshua Rosenkranz and analysis of the Brennan Center’s Dr. AROUND VANDERBILT HALL 115

Annette Bernhardt, a leading expert on low-wage labor markets. The Center’s arguments about the Brennan Legacy urgent need to better protect the independ- Awards Dinner ence of state court judges who stand for elec- tion gains power from empirical research on Thursday, October 3, 2002, 6:00 PM political television advertising done by the Regent Wall Street Hotel, New York City Center’s Dr. Craig Holman. The Center’s Criminal Justice Program is conducting a At a gala event in New York City, the survey of public housing tenants subject to Brennan Center for Justice will celebrate a “zero tolerance” eviction policy for crimes the major accomplishments from 2002— committed by a household member—even including the recent passage of federal cam- when the tenant had no inkling of the paign finance reform—a law we are currently the Brennan Legacy Award, given to individuals crime. Another survey examining the effect defending against a forceful challenge in the who have made significant strides in the pursuit of federal restrictions on civil legal services courts; our felon disenfranchisement suit in of equality and human dignity. The Awards for low-income Americans will hopefully Florida is fighting to restore the fundamental Dinner is Chaired by actor and director Alec provide a strong complement to the right to vote to hundreds of thousands; a signif- Baldwin, joined by a host committee comprised Center’s ongoing litigation on behalf of vul- icant new suit, Dobbins v. Legal Services Cor- of law firm partners, corporate executives, and nerable clients in need of a lawyer. poration, that builds on our 2001 Supreme philanthropists. The actor and director Charles What new injustices will the Brennan Court victory, seeks to protect the right of the Dutton returns as this year’s Master of Center decide to attack with this signature poor to civil legal counsel; and an expanding Ceremonies. mix of ideas and action? That’s not yet living wage movement. For information about tickets and sponsor- clear. What is clear is that the Brennan The event will honor actor and activist ships, contact Jason P. Drucker at (212) 992- Center model can be a powerful engine for Martin Sheen and UBS PaineWebber Inc. with 8646 or [email protected]. creating a more equal and just society. ■

Professor Schill also expressed the desire Furman Center for Real Estate that the Center would enable the schools to increase the prominence of their joint and Urban Policy Now a Joint J.D./M.P.A. program. The Law School and the Wagner School already cross list several Research Center in NYU Law classes—in Land Use; Housing, and the Law; and Economics and Politics of Urban Affairs, which are taught by members of and Wagner Schools each faculty and are open to students from both schools. Wagner professors who are The Furman Center for Real Estate and endow the Center. “Issues of housing, land expert in issues of housing and public Urban Policy at NYU Law, one of the use, and the built environment are more finance, such as Ingrid Ellen, Amy Schwartz, nation’s most innovative teaching and important in New York than anywhere else and Dick Netzer, have also been conducting research programs on real estate and urban in the nation,” Furman said. “The joint major research projects with the Furman policy issues, is now a joint research center center will create huge synergies among Center. For example, Professors Netzer and with NYU’s Robert F. Wagner School of the faculties, students, and alumni of the Schill recently completed a study for the Public Service. Professor Michael Schill, two schools and generate solutions to City of New York on the effect of water who will continue to serve as the Center’s many of the pressing housing and land-use metering on affordable housing, which was director and a faculty member with joint issues of our generation.” just published in the Journal of the American appointments at the Law School and “This designation formalizes an already Planning Association. Wagner, founded the Center in 1995. existing, but informal, working relationship “The aim is to make housing and real The Furman Center, the first joint between the schools,” said Professor Schill. estate policy an even more visible part of research center between the Law School “Greater cooperation will allow more Wagner’s already premier urban planning and Wagner, is named in honor of NYU opportunities for joint academic program- program,” said Schill. To that end, the Law alumnus Jay Furman (’71), who is on ming for students, increased research Furman Center has joined Wagner’s Taub the Law School Board of Trustees and the opportunities for the faculty and Wagner’s Center for Urban Policy Research in cospon- NYU Board of Trustees. Furman, an inter- other research centers, and greater ability soring a monthly breakfast series on housing, national real estate investor and developer, to serve the needs of our schools’ alumni in as well as a research effort on preserving provided generous financial support to the real estate and housing fields.” federally assisted housing in New York. ■ 116 AUTUMN 2002 NYU Law Hosts Two-Day Institute of Judicial Workshop on Employment Law Administration for Federal Judges Celebrates 50th Anniversary The Institute of Judicial Administration (IJA) is proud to have contributed 50 Federal judges from around the nation participated in a “Workshop years of leadership in continuing judicial education; empirical research into our jus- on Employment Law for Federal Judges,” cosponsored by NYU’s tice system; and nonpartisan, nonideological exchanges among academics, lawyers, Institute for Judicial Administration (IJA) and the Center for Labor and judges. and Employment Law, in cooperation with the Federal Judicial Center 2002 IJA Events (FJC). The two-day event provided the judges with an opportunity June 24-25 to discuss some of the most important issues they face during the course Research Conference on Judicial Independence in International Courts of their work. and Tribunals (La Pietra, Florence, Italy) July 7-12 The workshop began with a welcome (Southern District of New York); Michael Appellate Judges Seminar— from co-chairs Samuel Estreicher, who Delikat of Orrick, Herrington, Sutcliffe; New Judges Series serves as the Director of the Center for and Darnley Stewart of Bernstein Litowitz Labor and Employment Law and is co- Berger & Grossmann. Topics included stray August 12 director of the IJA with Professor Oscar remarks, statistics, direct evidence, prior “Review of the Supreme Court’s Term Chase, and John Cooke, Director of the FJC bad acts, Rule 412, mental health experts, 2001-2002” at the IJA and NYU Law alumni Judicial Education Division. economists and CPAs on damages, “social and members meeting (Washington, D.C.) Michael Curley of O’Melveny & Myers; framework” testimony, and statistical proof September 19 Wayne N. Outten of Outten and Golden; of discrimination. IJA 50th Anniversary Celebration and Judge Laura Taylor Swain (United The second day began with a look at the States District Court for the Southern Dis- law and theory of employee benefits, led by September 19-20 trict of New York) led the judges in a discus- Judge Carlos F. Lucero (United State Court Research Conference on Domestic sion of sexual harassment law and theory. of Appeals for the Tenth Circuit); Howard and International Arbitration Participants explored issues relating to sex Pianko of Epstein, Becker & Green, PC; stereotyping, adequacy of anti-harassment and St. John’s University Professor Susan J. November 7-8 policies, “disparate impact” challenges to Stabile. Topics included basic claims, ERISA Workshop on the Internet and the Law subjective promotion decisions, family and remedies, preemption, ERISA liability in for Federal Judges medical leave, and personal liability of cor- HMO’s, claims by independent contractors porate officers. and “contingent” workers, downsizing and For membership or program information, The second session concerned the law benefit cutbacks, and retiree health benefits. contact Alison Kinney at (212) 998-6149 or and theory of disability discrimination and Judge Rosemary Barkett (Eleventh Cir- [email protected]. featured Judge Denise Cote (United States cuit); Philip Berkowitz of Salans Hertzfeld District Court for the Southern District of Heilbronn Christy & Viener; and Paul H. New York); Fordham University Professor Tobias of the National Employee Rights District of New York); and Pearl Zuchlewski Matthew Diller; and Theodore O. Rogers Institute examined the relationship of of Goodman & Zuchlewski. Pro se cases, Jr. of Sullivan & Cromwell. Though focus- “wrongful discharge” to state law. Partici- mediation, summary judgment, and class ing on “qualified” individuals with disabilities, pants also discussed age discrimination, actions were discussed. “reasonable accommodation,” and insurance disparate impact challenges, the role of sta- The program concluded with a session discrimination, there was also a discussion tistics, ADEA class actions and downsiz- devoted to jury instructions, directed by of the relationship between disability dis- ing, and age bias claims. Judge Frederic Block (Eastern District of crimination and workers’ discrimination. A panel on case management issues was New York); Fred Braid of Holland & The first day of the program concluded led by Judge Patti B. Saris (District of Mass- Knight LLP; Mindy Farber of Jacobs, with a session on evidence issues and the achusetts); Kathleen McKenna of Proskauer Jacobs & Farber; and Jeffrey Kohn of use of experts, led by Judge Denny Chin Rose, LLP; Judge Loretta Preska (Southern O’Melveny & Myers. ■ AROUND VANDERBILT HALL 117

accounting firm because of their work for Panel Discussion on Cooperation the investment company’s clients in con- nection with fraudulent initial public offer- With the Government in Federal ings. The accountant and his firm receive separate grand jury subpoenas. Criminal Cases The corporation faces a dilemma in deciding whether to cooperate because the terms of the cooperation are so onerous. Together with the Federal Bar Council, NYU Law hosted a discus- Judge Gleeson noted that the corporation cannot know yet whether it has a defense to sion entitled, “Cooperation With the Government in Federal Criminal the potential charges before it conducts its own investigation, but it is frequently Cases: Practical, Legal, and Ethical Issues.” The Honorable John expected, as part of its cooperation, to cease its own investigation immediately, turn Gleeson, United States District Judge, Eastern District of New York, over all relevant documents, waive attorney- client privileges, and refuse to cover its who is a member of the adjunct faculty, moderated the event. employees’ legal fees. The defense attorneys on the panel criticized such policies as the exercise of unbridled prosecutorial power, while the government lawyers said it was a fair exchange for the chance of not being pros- ecuted. The defense lawyers also suggested that the waiver of the attorney-client privi- lege could work against the corporation in future lawsuits. One defense attorney said employees should never talk to corporate counsel because the corporation will have a powerful incentive to sacrifice the employee (by disclosing the employee’s statements to the prosecutor) to secure a favorable deal for the corporation. As for individual cooperation, the defense attorneys on the panel and in the audience attacked the use of proffer agreements that, in effect, prevent defendants from subse- quently going to trial without the fear that incriminating statements made during plea discussions would be used against them. Indeed, Judge Gershon had recently issued a decision, United States v. Duffy, refusing to Participants in “Cooperation With the Government in Federal Criminal Cases: Practical, Legal, and Ethical Issues” enforce the government’s right under the proffer agreement to use the defendant’s statements at trial. The United States The distinguished panel included the of an individual or corporation to cooper- Attorneys vigorously defended their use of Honorable Nina Gershon, United States ate with the government, the influence such agreements as a proper exercise of District Judge, Eastern District of New the government exerts over corporations prosecutorial discretion and bargaining York; Fred Hafetz, of Hafetz and Necheles; who wish to cooperate, and the issues that power. This discussion evolved into a big- James Orenstein, Baker & Hostetler; attor- arise out of the “proffer agreements” typ- picture debate over the discretion of the ney Anthony Ricco; NYU Law Professor ically entered into by individuals and prosecutors, their enhanced powers under Harry Subin; Alan Vinegrad, United States prosecutors in connection with the nego- the federal sentencing guidelines, and the Attorney, Eastern District of New York; tiation of cooperation. extent to which courts are authorized and and Mary Jo White, then-United States In the hypothetical, the manipulative institutionally equipped to monitor the Attorney, Southern District of New York. stock market practices of a broker-dealer exercise of such discretion. The participants Judge Gleeson introduced a hypothetical are under investigation by the SEC. The agreed that there was a great deal to dis- illustrating some of the difficult timing and investigation has revealed as suspects the agree about in this important and changing strategic issues surrounding the decision company’s outside accountant and his area of the law. ■ 118 AUTUMN 2002

sign of our failure to fully respect human Harold Koh rights. Second, he suggested that bringing human rights and law to the world should Delivers be seen as the goal of the “war on terror” rather than the wiping out of Al Qaeda or Korematsu “terrorism” more generally. Professor Koh closed by saying that we are at a crossroads in determining to what Lecture extent we will respect human rights. He stressed the importance of the establish- ment and acceptance of the International Professor Harold Koh of Yale Law School Criminal Court, and the troubling new delivered the third annual Korematsu Lec- conception articulated in the “Bush ture on Asian Americans and the Law on the Doctrine” that the United States may act topic of “Human Rights in the Age of Terror.” preemptively to prevent the need to Professor Koh stated that his lecture defend itself. In particular, Koh stressed would focus on two questions: “Who are we Professor Harold Koh that those who know and are involved in as Asian-American lawyers?” and “How do the law have the right and responsibility to we approach human rights challenges in make changes to it, and that one person the wake of the events of September 11?” rights, even among those whom we can, in fact, make a dramatic difference in Koh spoke of how his father attempted imprison as a result of the war. He pointed how the world operates. “Power and prin- to discourage him from going into law, and to the treatment of detainees held at ciple united,” he said, “make a potent encouraged him to study physics instead, Guantanamo Bay as a potentially troubling force for positive change.” ■ even though his father served the South Korean government as a diplomat and lawyer for many years. Koh argued that his father’s fears about practicing law stemmed from four unspoken and erroneous assump- The Controversy Behind tions. The first assumption was that law is a verbal profession in which non-native Public Funding of the Arts English speaking Asian Americans may have difficulty expressing themselves. The second assumption was that law is a con- The Law Alumni Association’s Fall frontational profession, and that Asian Lecture examined issues associated with Americans are ill-suited to confrontational public funding of the arts in a lively presen- work. The third assumption was that law is tation entitled “Paying the Piper, Calling a profession closed to all except a chosen the Tune? The Controversy Behind Public few—a chosen few that does not include Funding of the Arts.” NYU Law Professor Asian Americans. The final assumption was Amy Adler led the distinguished panel, that law is a profession that provides no which included the lead counsels from both exact answers and no clear delineation of sides of the Brooklyn Museum of Art’s right and wrong. Koh stated that while (BMA) Sensation exhibit controversy and some of these assumptions have truth at Pulitzer Prize–winning cultural critic of The Panelist Margo Jefferson, cultural critic for The New York their core, they are fundamentally invalid. New York Times. Times, and Moderator, NYU Law Professor Amy Adler Koh then turned to the question of how Adler opened the discussion with a slide lawyers should respond to the legal effects presentation of some of the pieces behind of the events of September 11 in the con- the culture wars of the 1990s, including First Amendment protects government- text of human rights. Koh argued that as a Chris Ofili’s “Holy Virgin Mary,” the dung- funded speech. result of terrorism, a new global order is adorned portrait of the Catholic saint, The first panelist to speak was Floyd forming and the positive effects of global- responsible in part for Mayor Giuliani’s Abrams, the William J. Brennan, Jr., Visit- ization are being threatened. attempt in 1999 to evict the BMA from its ing Professor of First Amendment Law at the In the end, Koh urged that human long-time home. Adler outlined the state of Columbia Graduate School of Journalism rights be used as the backbone for deter- public funding of the arts, lamenting the and partner at Cahill Gordon & Reindel. mining when and whether the “war on ter- unchallenging work now being funded by a Abrams was the lead counsel for the BMA rorism” remains morally right. First, he “neutered” National Endowment for the in the suits revolving around the Sensation suggested that war cannot remain morally Arts. She went on to discuss some of the legal exhibit. Abrams described how Mayor right unless we are respectful of human issues involved, including how, if at all, the Giuliani was incensed at news of the exhibit, AROUND VANDERBILT HALL 119 without actually seeing it himself, and demanded that the show be cancelled. With Office of the Appellate no response from the BMA, the Mayor threatened to oust the museum’s board and Defender’s First Monday evict the museum from its site in a city- owned building. Litigation ensued, insti- Simulated Supreme Court gated by both the BMA and the city. The court eventually found that there was no basis for the Mayor’s claim and that he was Argument acting simply in retaliation to the museum’s exhibition. The city appealed, but before Supporters of the Office of the Appellate Defender gathered at NYU there was a decision, the Mayor decided to drop it. Law this past Fall for their annual First Monday fund-raiser. The Abrams spoke about the continued rele- vance of these issues: The BMA gets 27 per- centerpiece of the event was an argument based on the issue of whether cent of its funding from the city so any loss would have direct impact on its operations. the Eighth Amendment forbids execution of mentally retarded indi- Giving the Mayor the authority to decide, on artistic grounds, what cultural institu- viduals, which the Supreme Court recently decided. tions are to be funded would, Abrams said, “change the nature of our city, or at least our Arguing for Petitioner Ernest McCarver, states use various standards for determining law, and put the city in control of our music, a mentally retarded death row inmate in if a person is mentally retarded. books, and art.” Explaining the law, he North Carolina, was NYU Law Professor In his brief rebuttal, Stevenson empha- pointed out that though the government is Bryan Stevenson. Playing the role of the sized that those states which do not allow under no obligation to fund the arts, when Attorney General of North Carolina was the death penalty under any circumstances it chooses to fund private speech it must Paul Curran, Special Counsel to Kaye should be considered in determining whether abide by the First Amendment. Scholer. The pair argued before a bench of a national consensus on executing people Michael Hess, then-Counsel to the City legal luminaries, including John Feerick, with mental retardation exists. of New York, stressed the importance of Dean of Fordham Law School; Loretta At the end of the argument, each of the looking at “purposes” behind the law and Lynch, the former United States Attorney eight justices on the bench had the oppor- actions of people. He argued that the pur- for the Eastern District of New York; and tunity to discuss how they would vote and pose behind the Sensation exhibit was not Theodore Shaw of the NAACP Legal the reasons for their vote. Several made speech or education, but rather controversy Defense Fund. clear that they believed Stevenson’s argu- and financial gain, and that the city should Stevenson emphasized that mental ment that a national consensus on execu- be under no obligation to fund activity retardation is an objectively definable con- tion of the mentally retarded has evolved motivated in that way. Hess said the Mayor dition, and that McCarver is clearly men- since the Supreme Court last examined this has as obligation to review all City subsidies tally retarded. He also noted that over the issue. Others stated that they found the and a right to cease funding anything not past 10 years, a large number of states have international consensus against execution of consistent with the purpose for which the adopted statutes that prohibit execution of the mentally retarded a persuasive reason subsidy was granted. the mentally retarded. Stevenson also for announcing a rule against their execu- The final panelist of the evening was explained that international law norms for- tion. Even though the majority of the panel 1995 Pulitzer Prize–winner and cultural bid the execution of the mentally retarded, seemed to agree with the petitioner’s argu- critic for The New York Times Margo and noted that many human rights and ments, some members expressed concerns Jefferson. Jefferson provided an interesting diplomatic groups have condemned the about the implications of announcing a rule digression away from the law to some of the United States for continuing to execute the of this sort. Several of the justices were larger cultural issues at stake. She noted mentally retarded. unsure about how “mental retardation” that it was important to separate the per- Curran began his argument by empha- should be defined and whether an overly sonal from the legal principles when art sizing the heinous facts of McCarver’s open definition of that term could lead to works arouse revulsion. “The Mayor is wel- crime, stating that individual decisions further litigation in this arena. Finally, come to his personal outrage, but can’t about culpability made by juries are more many members of the panel had concerns cloak that in judicious righteousness,” she reliable and appropriate than the creation about announcing this rule because of the said. The people opposed to Sensation were of a blanket rule against executing persons federalism issues it raises. not responding to the content of the exhibi- with mental retardation. He also claimed The evening concluded with the panel tion, but to their reactions to it, Jefferson that although many states have abolished of judges initially voting 7-1 in favor of argued. Those reactions, while legitimate, the death penalty for mentally retarded announcing the rule against executing the must be recognized as such for a productive individuals, that does not represent a con- retarded. However, Feerick changed his dialogue and a solution to be reached. ■ sensus, especially given that the different vote, making the decision unanimous. ■ 120 AUTUMN 2002

HE LAW SCHOOL HOSTS A WIDE ARRAY NYU Law T of symposia each semester: special one- or two- day conferences devoted to a single topic. Faculty and Symposia students organize each symposium by inviting leading scholars and experts to join a panel discussion on the issue at hand. The ensuing debates often involve the panel, as well as the faculty and students in attendance. Read on for a rundown of the past year’s events.

Waldron argues that in a constitutional Legislatures, Courts, and the democracy dedicated to protecting individ- ual rights, disagreements about the content Contestability of Rights of those rights should be resolved by the rights-bearers themselves, members of the community (or at least their chosen repre- The student-run NYU Journal of Legis- Lawrence D. Sager of NYU Law; Jeremy sentatives), and not by a small council of lation and Public Policy conducted a sympo- J. Waldron of Columbia University; and judges such as the Supreme Court. sium entitled, “Legislatures, Courts, and Keith E. Whittington of Princeton. Waldron’s preference for legislatures when the Contestability of Rights.” The event, The topic of the symposium was the role it comes to deciding citizenship rights is not a gathering of some of the world’s experts of courts and legislatures in a democratic uncontroversial and the symposium’s on the theory and practice of a constitu- political system founded on constitutional guests spent the day debating the topic. tional representative democracy, featured rights. Participant Jeremy Waldron’s book, The panelists argued about who should Christopher L. Eisgruber of Princeton; John Law and Disagreement, was used as the start- decide public disagreements about the con- A. Ferejohn of Stanford and NYU Law; ing point and framework for the discussion. tent of citizenship rights. Waldron defended his belief that since we are rational rights- demanding beings, we can and should gov- ern ourselves and that this self-government includes deciding what rights citizens should and should not have. This belief leads Waldron to prefer a representative legisla- ture or a direct plebiscite when it comes to public decisions about rights. On a variety of fronts, Waldron’s col- leagues on the panel critiqued his trust of legislatures and defended judicial review as a necessary institutional safeguard in a con- stitutional democracy. The panel members debated the fundamental tension between individual rights and popular government, and they offered various visions of the proper role of both legislative and judicial decision-making in managing that tension. The ideas and arguments presented by the panel participants will be published by the NYU Journal of Legislation and Public Policy Participants in the Journal of Legislation and Public Policy symposium, “Legislatures, Courts, and the Contestability of Rights” in Fall 2002. ■ AROUND VANDERBILT HALL 121

David Kaczynski, Executive Director of New Yorkers Against the Death Penalty; Ron Tabak, Chair of the ABA’s death penalty committee; and Bill Ryan of the Illinois Death Penalty Moratorium Project described their organizations’ efforts to achieve a moratorium on the death penalty in their respective jurisdictions. Audience members expressed concern that morato- rium campaigns were a risky use of resources, because subsequent legislative efforts to reform the death penalty could result in only a brief pause in executions with modest improvements. All three pan- elists asserted that a moratorium could be a first step towards abolition as procedures could never be designed to make capital punishment fair. Furthermore, Kaczynski argued that moratorium efforts focused attention on the systemic problems in the death penalty’s application and neutralized the usually emotionally charged debate (l-r): Aundre Herron, Russell Neufeld, Tanya Greene, and Brian Powers, participants in “The Future of the Anti-Death over whether the crime of murder merited Penalty Movement” capital punishment. Of central concern to panelists in the afternoon was the effect of the September 11 attacks on the anti-death penalty move- ment. Although no legislative response has The Future of the Anti-Death occurred as it did after the Oklahoma City bombings, panelists Joe Margulies of Cornell Penalty Movement University School of Law and Frederick Cohn of the Judicial Conference of the U.S. Courts Students, activists, and lawyers convened for a Law Students agreed that the dynamics of death penalty trials had changed. Margulies questioned Against the Death Penalty symposium entitled, “The Future of the whether increased sympathy for law enforce- ment officers would not prejudice juries Anti-Death Penalty Movement.” Participants in the symposium dis- against defendants. The last panel addressed the use of cussed DNA testing, institutional competence, international law actual innocence cases, including prisoners exonerated through DNA testing, as a challenges to the death penalty, and moratorium projects. A theme means of proving the failings of the crimi- nal justice system generally. Peter Neufeld that ran through all of the discussions was how to build an effective of the Innocence Project argued his organi- zation’s position that increased attention on campaign to permanently abolish capital punishment throughout innocence would not lead courts to devalue non-culpability related claims, but rather the century. would raise enough questions about the criminal justice system to defeat the death Aundre Herron of the California office had more permanence, stability, and penalty permanently. Appellate Project; Tanya Greene of New resources than a private organization. But, Finally, Edwin Matthews of Coudert York’s Capital Defender Office; Russell as public agencies, they could not espouse Brothers discussed his work as an attorney Neufeld of the Legal Aid Society’s Capital an abolitionist stance. This constriction on former death row prisoner Don Paradis’s Defender Unit; and Brian Powers of on a legal organization’s ability to take case. Paradis closed the symposium by O’Donoghue & O’Donoghue described how a position on capital punishment exacer- speaking about the everyday humiliations the institutions where they worked affected bated an already tense relationship between of life on death row and the difficulty of their ability to represent clients. The attor- capital defense attorneys and anti-death adapting to a free world that had changed neys agreed that a well-funded governmental penalty activists. so drastically during his imprisonment. ■ 122 AUTUMN 2002 Copyright Wars in Cyberspace

NYU Law Professor Yochai Benkler and attorney Charles Sims of Proskauer Rose debated the merits and constitutionality of the Digital Millennium Copyright Act’s (DMCA) ban on code-cracking at the Gottlieb, Rackman & Reisman Seminar in Intellectual Property, entitled “Copyright Wars in Cyberspace.” (l-r): Attorney Charles Sims of Proskauer Rose and NYU Law Professor Yochai Benkler The event, sponsored by the Engleberg Center on Innovation Law and Policy, was moderated by Carl Kaplan, who writes a culture, to move away from the industrial use still exists, but people are not permitted column on cyberlaw for the online version model of cultural production” controlled by to make “perfect digital copies” of the mate- of The New York Times. Kaplan laid the large companies. rial, although one can legally make VHS foundation for the conversation by explain- Charles Sims, who argued for the copies of movies or videotape a DVD pres- ing the DMCA’s provisions and their appli- recording industry in the Reimerdes case, entation for later use. Sims mused whether cation in a case involving the decryption said that advances in broadband and com- the degradation of quality was “a trade- program “deCSS.” The DMCA both bans pression reducing the cost-per-copy of off that Congress was entitled to make to the act of cracking codes protecting copy- reproducing copyrighted materials necessi- prevent the Napsterization of the content righted material, and prohibits the creation tated legal change. Sims said that it was industry?” or distribution of technologies that are clear that Congress had the power to ban He argued that copyright laws do not designed to circumvent encryption on hardware technologies like pirate cable dictate that copyright holders must release copyrighted material. boxes and telephone “black boxes” that their materials in a non-encrypted format, Benkler, Director of the Engelberg permitted individuals to get free cable or drawing analogies to restrictions on video- Center, noted how the DMCA was used as phone service, and that the DMCA merely taping Broadway shows and the movie a threat to discourage a computer-science represents an extension of that power to industry before the VCR. “Fifty years ago, professor’s publication of a paper outlining software solutions. your fair use rights weren’t violated when techniques used to crack the Secure Digital Sims noted that prior to the DMCA, Disney only released Snow White every five Music Initiative (SDMI) music encryption some content publishers were afraid of put- years,” he said. “And your fair use rights scheme—after the SDMI Foundation ting their materials into a digital format aren’t violated when a studio releases some- issued the following challenge last due to the ease of duplication. As such, fair thing in encrypted DVD.” ■ September: “Attack the proposed technolo- gies. Crack them… If you can remove the watermark or defeat the other technology on our proposed copyright protection sys- tem, you may earn up to $10,000.” Reforming the Tax Provision The DMCA acts to undermine tradi- tional copyright law’s permissive “fair use” for the Deduction of Charitable of copyrighted material, Benkler said. DMCA “allows the owners of copyrighted Contributions materials to close the materials off, over and above what copyright law would let you do.” For example, the Adobe E-Book for- Experts on charitable organizations ated by NYU Law Professor Harvey Dale mat prohibits cutting-and-pasting quotes gathered at NYU Law for a conference on and Jill Manny, Executive Director of from or printing materials in that format, reforming the tax provision that allows for NCPL, the discussion consisted of the pres- although such actions are perfectly legal. the deduction of charitable contributions. entation of papers, followed by formal com- Finally, Benkler argued that the DMCA The event, part of an annual series spon- mentary and informal questions. Topics struck against the spirit of the First sored by the National Center on Philan- included the basic justification for the char- Amendment. “Linking is how we speak on thropy and the Law (NCPL), brought itable contribution deduction, the need for the Web,” he said. “It is a mode of teach- together legal scholars, Treasury and reform, and proposals for reform in specific ing.” In essence, new technologies created Internal Revenue Service officials, and prac- areas. In addition, experts from several for- the opportunity to change “how we access titioners in the field. Organized and moder- eign countries gave accounts of the tax AROUND VANDERBILT HALL 123 treatment of charitable contributions in countries, notably the United States. scholars and practitioners considered partic- their countries. Speakers from Australia, Canada, and the ular areas for reform, including charitable The presentations by foreign experts United Kingdom also discussed similarities remainder trusts, and discussed the regula- were among the highlights of the confer- and differences between their countries’ tion of contributions to foreign charities ence. Michael Katz, head of a commission in treatment of charitable contributions and after the events of September 11. South Africa to rewrite the laws governing the provisions of U.S. tax law. While no definitive conclusion was charitable organizations, spoke of the cen- Preceding these presentations on the reached, the conference’s participants did tral role of these organizations in the over- first day of the conference, NYU Law agree on the need to reform the charitable throw of the apartheid system. He detailed Professor Paul McDaniel examined the pol- deduction and the general areas that should his commission’s efforts to recast the tax icy justifications underlying the charitable be addressed. Lively debate continued to the laws in the new political system so as to contribution deduction, challenging in par- very end, and Manny concluded that the con- avoid some of the problems associated with ticular the classification of the deduction ference was one of the most successful the charitable contribution deductions in other as a tax expenditure. On the second day, NCPL has sponsored. ■

Changing Neighborhood Dynamics and Gentrification of New York City Communities

Students, activists, and academics gathered for a symposium explor- of residents. They also explored existing resources that neighborhood residents may ing different definitions of gentrification, its desirability, and efforts access to learn more or get help, and con- crete ways in which law and policy could to resist displacement. The event focused on the neighborhoods of Harlem, be changed to address the needs of exist- ing tenants. the Lower East Side, Chinatown in Manhattan, and Fort Greene In the afternoon workshops, activists led conversations on specific issues and in Brooklyn. strategies employed in the communities in which they work. Trayce Gardner, a mem- The morning panel was moderated by ber of Fort Greene Together, and Tony Lu NYU Law Professor Gerald López and shared with participants the historical back- included Nellie Hester Bailey, cofounder of ground of gentrification in Fort Greene and Harlem Tenants Council; Dr. Frank Braconi, Chinatown. They also suggested ways to Executive Director of the Citizens Housing use art and media in community organizing and Planning Council of New York; Wasim and ways in which different communities Lone, Housing Director of Good Old Lower could combine their efforts to resist dis- East Side, Inc.; Tony Lu, member of the placement. Two representatives from Asian Committee Against Anti-Asian Violence: Americans for Equality, John Gorman Organizing Asian Communities; Professor (Director of Housing Law) and Belinda Yee Peter Marcuse, Professor of Urban Planning (Housing Paralegal), joined Nellie Hester at Columbia University; Sue Rheem, Hous- Bailey and Wasim Lone in contrasting and ing Attorney at Asian Americans for Equal- comparing their work in resisting displace- ity; and Jacqui D. Woods, Community ment in Chinatown and Harlem. Affairs Manager of Brooklyn Academy of The symposium was sponsored by the Music Local Development Corporation. Asian Pacific Law Students Association Describing the panel as a “real conversa- (APALSA), the Black Allied Law Students tion,” Professor López engaged the speakers Association (BALSA), the Latino Law by presenting a hypothetical, describing a Students Association (LaLSA), the Middle grandmother in East Harlem witnessing Eastern Law Students Association (MELSA), changes in her neighborhood. Imagining a and the South Asian Law Students Associa- conversation they would have with the tion (SALSA). ■ grandmother, the speakers then debated what gentrification actually meant, from Professor Gerald López moderated a symposium exploring neighborhood revitalization to displacement gentrification in New York City neighborhoods 124 AUTUMN 2002

of the 1921 Tulsa Race Riots from recovering Symposium Looks at the reparations for the complete destruction of their community at the hands of Oklahoma “Deferred Dream” of African- state officials. Adjoa Aiyetoro, Professor at Washing- American Reparations ton College of Law at American University and chief legal consultant to the National Coalition of Blacks for Reparations in Amer- Black Allied Law Students Association ica (N’COBRA), stressed that the key to (BALSA), the event was fittingly held the overcoming historical obstacles to the repa- same morning that a class action suit was rations movement is conceiving of the filed in U.S. district court in Brooklyn for harms as including the vestiges of slavery reparations against corporations that prof- that persist today. ited from slavery. The symposium provided a valuable Participants discussed the historical and opportunity for the participants to not only comparative aspects of the case for African- critically analyze the merits of African- American reparations. Morris Ratner, a part- American reparations, but to also look ner at Leiff, Cabreser, Heimann & Berstein beyond the legal issues to the moral claim LLP, asserted that potential obstacles for at the base. Ajumu Sankofa, N’COBRA BALSA symposium participants African-American reparations, as compared activist and Director of the New York City to his work as a lead attorney in Holocaust- Police Watch, asserted that regardless of the era litigation matters, include the statute of limitations of various legal doctrines, there Attorneys, law professors, students, and limitations, lack of support from the U.S. is an underlying claim for human rights. activists gathered at NYU Law to discuss government, and a relative inability to cal- This point not only helped inspire and the increasingly debated issue of repara- culate adequate damages. Alfred Brophy, motivate symposium participants, but will tions to African Americans for slavery and Professor at the University of Alabama also prove essential to the growing move- its continuing vestiges in a symposium School of Law and author of Reconstructing the ment for African-American reparations. called, “A Dream Deferred: Comparative Dreamland: The Tulsa Riot of 1921—Race, The Fall 2002 issue of NYU’s Annual and Practical Considerations for the Black Reparations, Reconciliation, added that such Survey of American Law will feature articles Reparations Movement.” Hosted by the obstacles prevented African-American victims by symposium panelists. ■

Current Issues in Taxation

The NYU Law Graduate Tax Program and the Tax Practice of KPMG hosted the second annual “Current Issues in Taxation Lecture.” The event featured Lewis Steinberg (’84, LL.M. ’92), partner at Cravath, Swain, & Moore, and an NYU Adjunct Professor, who discussed the tax legislative develop- ments of 2001. NYU Professor Daniel Shaviro and Hank Gutman, a KPMG part- ner in that firm’s Washington, D.C., office, (l-r): Paul McDaniel, Director, NYU Law Graduate Tax Program; Hank Gutman, KPMG; and Lewis Steinberg, Cravath, were the commentators for the lecture. Swain & Moore Steinberg described the myriad and complex 2001 additions to the Internal to the presence, in virtually every new pro- rules or reduces existing provisions to irrel- Revenue Code: childcare provisions, the mar- vision, of a sunrise/sunset feature and the evancy or inefficiency. Some taxpayers will riage penalty “fix,” new changes in retire- layering of new legislation on top of existing be required to calculate their taxes three ment provisions, repeal of the estate tax, similar legislation. Steinberg stated the net different ways to discover which provisions and various tax credits. He drew attention effect dilutes the impact of many of the new to use for the optimal tax result. Steinberg AROUND VANDERBILT HALL 125 concluded that many Americans would the economy is slowing, the act is a fiscal of the lecture series. “It is the intellectual never know or understand or have the time stimulus rather than a return [of tax rev- kick-off to the year for students and fac- or money to engage in optimal tax plan- enues] because of good times.” Shaviro ulty alike,” McDaniel said. The event also ning and, as a result, might not benefit focused on efficiency and equity aspects of provides CLE credit for Graduate Tax from many of the new provisions. the 2001 legislation and found that there Program alums. Gutman focused on the political process were pluses and minuses on both counts. KPMG partners present at the lecture of developing the legislation. “The act is The event was hosted by Professor Paul were also honored for their great loyalty to patently bizarre because political accept- McDaniel, Director of the Graduate Tax and support of the Graduate Tax Program ability is key,” he said. Gutman explained Program, and Larry Pollack, tax partner in making a $225,000 contribution to the that the revenue stream was designed to in the KPMG New York City office. Wallace Fund for student scholarships. A yield a revenue loss equal or less than the McDaniel expressed great appreciation to student recipient of a scholarship is named projected budget surplus. “But now that Pollack and his partners for their support the “KPMG Scholar” for the year. ■

Building a Multiracial Social Justice Movement

Prominent scholars and activists gath- ered in Greenberg Lounge to engage in a dialogue about effectively refocusing social justice movements around race. The collo- quium, “Building a Multiracial Social Justice Movement,” was hosted by NYU Law’s Review of Law and Social Change. The discussion centered around “politi- cal race,” a concept introduced in the book The Miner’s Canary, authored by Harvard Law School Professor Lani Guinier and University of Texas Law School Professor Review of Law and Social Change colloquium participants Gerald Torres. Political race, as described by Guinier and Torres, is an “attempt to dis- lodge race from simple identity politics.” tively build a movement. Harvard University Professor Kendall Thomas, “political race” The colloquium consisted of six sessions, Professor Marshall Ganz introduced the called for progressive racial politics that each focusing on different areas where polit- panel, noting, “politics is about power, and moved beyond identity politics. In dis- ical race could be a useful organizing tool. race defines who can participate in politics.” cussing The Miner’s Canary, Thomas asked “Assessing Higher Education in a Multi- He posed the question: “Can there be a just the audience to “break with a politics of racial Movement,” focused on the fluid and politics without reference to race?” interest, and to embrace a politics of solidar- functional understanding of race in successful Professor Tricia Rose of NYU’s Faculty ity.” Saru Jayaraman, an adjunct professor at educational justice movements. Professor of Arts and Science moderated “Books Not Brooklyn College and a former attorney/ Torres highlighted how political race was Bars: Confronting Criminal Justice Issues organizer at the Workplace Project, a Latino critical to the success of the Ten Percent Plan, Through Multiracial Action.” Participants immigrant workers right project, addressed Texas’ response to the Hopwood decision, drew upon their experience as academics, the need for participatory democracy if which prohibited its state universities from parents, and activists to explore the inter- political race is to be truly realized. considering race in admissions decisions. section between race, the criminal justice The final panels emphasized audience In “Divide and Conquer: the Challenges system, and the educational system. involvement, with an interactive poetry per- of Multiracial Politics,” participants empha- “Political Race, Faith, and the Demo- formance by the Blackout Arts Collective sized the centrality of race to social justice cratic Process,” was moderated by Professor and a more informal roundtable with work and suggested ways to more effec- Guinier. For one panelist, Columbia Law activists, nonprofit leaders, and Guinier. ■ 126 AUTUMN 2002

President of the National Council of La The Role of States in U.S. Raza; Nadia Marin-Molina, the executive director of The Workplace Project; and Immigration Policy John Williams, the Deputy Chief of Development of Edison Schools. Kamasaki and Marin-Molina both argued against devolution of any authority. Kamasaki On a day when President Bush signed a bill concerning the detain- focused on racial profiling, arguing that “as bad as the INS might be, such profiling is ment of immigrants suspected of terrorism, the Annual Survey of exacerbated when devolved to state and local levels.” Williams argued in response American Law held a symposium on immigration policy entitled that the federal government cannot handle the job of finding, prosecuting, and remov- “Migration Regulation Goes Local: The Role of States in U.S. ing all criminal aliens and allowing state and local officials to help the INS with this Immigration Policy.” The event brought together 13 academics and task would be beneficial. The final panel of the day, “Critical practitioners for discussion on the devolution of immigration enforce- Perspectives on Increasing the Role of States,” included Howard Chang, a Visiting ment authority. Professor at NYU Law; Muzaffar Chishti, the Director of UNITE!; Victor Romero of Penn State-Dickinson College School of The first panel focused on the constitu- argued that the additional power given to Law; and Professor Peter Schuck of Yale tionality of the 1996 Welfare Reform Act, states was actually a benefit for immigrants Law School. Schuck argued that there is a which gave individual states authority to or there would have likely been federal blan- “serious systemic mismatch” between rev- make distinctions based on alienage. NYU ket restrictions on aliens instead of the more enue generated by immigrants and the Law Professor Michael Wishnie emphasized generous packages most states adopted. The costs incurred because of them. This leads that allowing such devolution might lead to panel was rounded out by Ellen Yacknin of to unjust results in states where there is a a state-by-state race to the bottom, whereby the Greater Upstate Law Project. Yacknin large immigrant population. ■ each state tried to reduce their benefits so argued and won Aliessa v. Novello, an impor- that immigrants would go somewhere else. tant immigrant rights case, in the New York Wishnie emphasized that such state action is Court of Appeals earlier this year. discrimination and the government “should The second panel, “The Devolution of not rush to empower 50 new actors to dis- Immigration Enforcement Authority,” fea- NYU Law Students criminate.” Hofstra Law Professor Peter Spiro tured Charles Kamasaki, the Senior Vice Win World University Debating Championships

NYU Law students Rob Weekes (LL.M. ’02) and Alan Merson (LL.M. ’02) claimed an exceptional victory for themselves and NYU. These accomplished debaters bested all others at the World University Debating Championships in Toronto, accepting, as representatives of NYU Law, the title of 2002 world debating champions. This year’s topic focused on whether prisoners should be allowed to publish accounts of their crimes. Teams only had 15 minutes to prepare their positions after receiving the topic and being assigned their stance. Merson and Weekes turned the pressure into inspiration as they not only won the competition, but exhibited a mental agility that bodes well for their respective law careers. Participants in the Annual Survey of American Law Symposium AROUND VANDERBILT HALL 127

Gray, out of time, could only reply, “thank Moot Court Final Arguments you, your Honor.” The second issue on appeal was the applicability of a statute imposing a five- After two sets of competitions spanning constitutionality of a search under the year sentence enhancement for using a the 2001-2002 academic year, William Fourth Amendment, and the meaning of firearm in a drug deal. Buffet had received a Delgado (’02), Lane McFadden (’02), David “use” in a statute imposing a five-year min- gun in exchange for drugs and the question Gray (’03), and John Thompson (’03) imum sentence for “use of a firearm” in con- was whether that constituted “use” under advanced to the finals of the Orison S. nection with a drug deal. The argument the statute. Appellant’s counsel, McFadden, Marden Moot Court Competition, where took place in Greenberg Lounge before the eloquently argued that a finding of use they argued two issues from the case of Honorable Jed Rakoff of the Southern required a more active relationship to the United States of America v. Phoebe Buffet: the District of New York, and the Honorables gun above simple receipt as consideration Kenneth Ripple and Diane Wood of the U.S. for drugs. The panel focused on language in Court of Appeals for the Seventh Circuit. the statute that said bartering drugs for Delgado argued that Buffet’s purse was guns constituted use. Thompson, arguing unconstitutionally searched when she for the U.S., said Congress wanted to target placed it on the living room floor of her guns in drug transactions because such friend’s apartment, which was at the time transactions frequently involved violence. being searched pursuant to a validly exe- Congressional intent was to capture use cuted search warrant. He said Buffet had a short of discharging or otherwise employing reasonable expectation of privacy in her the gun. purse even though she had put it on the After a round of applause and a recess, ground. Gray, Counsel for the U.S., coun- the panel was back to rule. Dean and Pres- tered that a balance “must be struck ident-Designate John Sexton announced between reasonable expectations of privacy the winner: Appellant’s team of Delgado and legitimate law enforcement needs,” and McFadden, with McFadden grabbing which in this case permitted the purse to be the honor of best oralist. searched because there were more than 15 Sexton then turned it over to the judges. purses in the apartment and the police are Judge Rakoff complimented the students for not required to confirm ownership when con- addressing tough questions because “hostile ducting a premises search warrant. Judge questioning does not signify a hostile judge.” Wood, the one female panelist, suggested Judge Ripple congratulated the writers of to Gray that since he probably didn’t carry the problem for “reaching the highest level a purse, he could not imagine that a rule of excellence,” adding that oral arguments requiring people to hold their purse to should reflect profundity and preparation. Lane McFadden (’02) was named best oralist in this avoid its being searched could be onerous “Moot court work can devolve to cosmetol- year’s Moot Court competition. because “purses can be heavy!” To which ogy, but not here tonight,” he said. ■

The Golden Circle, Classes of 1953, 1958, 1963, 1968, 1973, 1978, 1983, 1988, 1993, 1998

Reunion dinners and other exciting activities!

Join your friends and classmates to celebrate the anniversary of your Law School graduation.

Look for your invitation in the mail or check the Web site: www.law.nyu.edu/alumni

SAVE THE DATE Reunion Weekend, April 4-6, 2003 We’re looking forward to having you join us! Any questions, call (212) 998-6470 or email: [email protected] 128 AUTUMN 2002

“She wasn’t going to get a fair hearing,” Nanny’s Love Repaid in Halls he recalled recently. “She was going to get steamrolled.” of Justice: Woman Wins That Brown did not get steamrolled, everyone agrees, is above all a tribute to her Adoption Battle With Help own determination. But it also took three more years of litigation, and all the legal ingenuity that Bassman could muster. He of One of Her Charges recruited his law professors and fellow stu- dents at New York University School of Law, They would sit together in a Manhattan first became their kinship foster mother. devoted his nights and weekends to the case, kitchen over cups of milky tea, the impossi- She planned to adopt them, but in 1997, and discovered a crucial legal precedent. ble little boy and his ever-patient nanny, court records show, child welfare caseworkers At a time when kinship foster parents Louise Brown. Her calming presence amid abruptly removed the boys, placing them nationwide have no right to counsel, and his tantrums was one of the boy’s earliest with strangers deemed more suitable. legal representation for poor parents is memories. Often, his parents recall, she “What you all doing is wrong,” Brown widely in disarray, Brown’s case underscores held him until he quieted, talking in said she cried when caseworkers, accompa- the overwhelming odds that confront such rhythms passed down through the genera- nied by the police, wrested Joshua, who was families, often across a racial divide. But it tions from African slaves in the rural North then five, from her arms, as he screamed also illustrates how bonds of love can Carolina of her birth. that he wanted to stay with his “mommy.” endure and overcome. The boy, Barak Bassman, was too emo- Battling to reclaim the boys, Brown Brown’s adoption of her great-nephews tionally disturbed and his learning too dis- reached a New York state court hearing in was completed last spring. Now the state abled for mainstream schools, yet he was so 1998 with no right to a lawyer and no itself is financing her training as an advocate bright that he lashed out against the world money to hire one. Against her were case- for other families. Bassman, 24, is a corpo- in sheer frustration. Eventually, mental workers who considered her accent a speech rate litigator in Philadelphia. On the side, he health professionals helped him succeed as a defect, and lawyers who had argued that represents children in foster care at no cost. student. But it was Louise Brown’s un- she had no right to speak in court at all. His proud father, Myron Bassman, cred- daunted daily love that saved Barak, his Yet in the kind of twist rarely seen out- its Brown, 59. “Her tenacity and basic parents say, and that in turn, beyond all side fiction, a champion she had not seen goodness not only resulted in her winning a expectation, allowed Barak to help Brown for years was waiting in the courtroom: four-year battle,” he said, “but allowed save her own family. Barak Bassman. Unable to read until he Barak to return the love and caring that Years had passed. Brown cared for other was eight, Bassman was by then a 20-year- was given to him.” troubled children, none dearer than her old first-year law student. And when he The outcome looked very different on a own great-nephews, Joshua and Anthony, saw the lopsided legal power against his January day in 1998, when four lawyers who were drug-exposed babies when she former nanny, he grew angry. stood up in State Supreme Court in Manhattan against Brown—one for the city, one for the state, and two for St. Joseph Services for Children and Families, a foster care agency based in Brooklyn that had cus- tody of Joshua and Anthony. At that stage, petitions like Brown’s were typically dismissed. A Family Court judge and administrative hearing officers had already approved the decision to move the boys from Brown’s small apartment in Harlem to a two-parent family in Queens. But at Brown’s request, Myron Bassman, her former employer, had come to vouch for her. As Exhibit A, he had taken along Barak, the problem child she nurtured from birth to age 12. The presence of father and son seemed to pique the judge’s curiosity. Barak Bassman remembers “being vivid- ly struck by the fact that everyone in the court, down to the bailiff, the social workers, and the judge, were all white except Louise, Barak Bassman with Louise Brown and her great-nephews her daughter and her pastor.” AROUND VANDERBILT HALL 129

“The judge asked, ‘Who are you people?’ cognitive deficits” that affected the boys, race, class, and poverty influence the eval- She said, ‘It’s unusual to see such commu- and did not understand the seriousness of uations that are made about people’s capa- nity support in these cases,’” he recalled. Joshua’s misbehavior. For example, she was bilities,” she said. The lawyers insisted that the Bassmans unperturbed when Joshua, then four, said But overturning professional judgment had no legal standing, but the judge invited during a tantrum that he wanted to kill her was daunting, the professors knew. Brown everyone into her chambers. “It’s really im- with a knife. They put him in a psychiatric would probably lose at the appellate level. portant to find out the whole story,” the ward for a month. They needed a way to put the constitu- judge, Alice Schlesinger, said recently. When Joshua’s behavior worsened, tional issues back before Justice Schlesinger. The story that unfolded that day was agency psychiatrists saw confirmation that Barak found one: an obscure ruling that eventually detailed in affidavits and bol- he needed a different family. Since siblings until case files were physically moved, juris- stered by an extraordinary battery of had to be kept together, Anthony was diction did not transfer to another court. expertise—provided by a psychiatrist, a moved, too. The team also sent legal briefs to Aaron psychologist, a linguist, and scholars of Justice Schlesinger’s options were few. and Pearlie Mae Edwards, the boys’ new constitutional and family law. Though federal and state laws encourage pre-adoptive parents, who, as case records But at heart, it was a story about paral- placing foster children with kin rather than indicated, lived in a 12-room house, had lels between Barak and Joshua that pitted strangers, no clear distinction is made when cared for hundreds of troubled foster chil- the Bassmans’ description of Louise Brown it comes to removal. The government has dren, and had adopted three. The crucial as an exemplary nanny against the judg- much greater discretion to remove children constitutional question was whether Brown ment of professionals who barely knew her. from foster families than to take them from and the boys were a family, one the state In the worst periods of Barak’s child- their parents. had no right to disrupt just because it hood, wrote his mother, Sheila Bassman, a The judge could not overturn the admin- judged another better. corporate lawyer, and his father, an ac- istrative decision unless it was “capricious In a sense, that question was not countant, he threatened to kill teachers, and arbitrary,” or legally wrong. Instead, she decided in a court of law, but in the food bit his parents’ friends, and punched a referred the case to the appellate division. court of a Queens mall, where Brown trav- baby. At the end of first grade, he was not Barak sought help at NYU. Though eled to see the children after visits were permitted to return to the private Bank some professors rebuffed him, Peggy Cooper reinstated. Street School, one of Manhattan’s most Davis, a retired Family Court judge, saw “‘These children are coming home, do progressive. Brown as the modern embodiment of a his- you hear me?’” Edwards recalled Brown Doctors said Barak was emotionally dis- toric African-American struggle for family saying. “My heart just turned,” Edwards turbed, dyslexic, and dysgraphic (unable to autonomy denied by slavery and discrimi- added. “The children always wanted to go write), and he was admitted to a school for nation—the subject of her book, Neglected back home. There was too much love on children with learning disabilities. After Stories: The Constitution and Family Values. the other side, and too much family; I felt I intense effort, he transferred to a main- A linguist hired by the Law School’s should bow out.” stream school and excelled. Family Defense Clinic later determined When she did, the agency proposed “We could never have done what we did that Brown’s speech was not deficient, but moving the boys to strangers again. This on our own,” the Bassmans wrote. “With- simply “Gullah-like,” common to parts of time, Family Court said no. out the supports we received—from the the South where freed slaves had kept Joshua and Anthony were returned to special schools, from mental health profes- alive the language of their forebears. Brown in October 1999. Eventually, St. sionals, and from Louise Brown—we would Brown’s sense of family runs deep. She Joseph, which closed last year, concurred that never have been able to handle and raise was five when her own mother died in they should stay. Now, under a state grant our son.” Her approach “combined patience childbirth, and she and four younger sib- from People United for Children, an advo- and tolerance with protectiveness and lings were raised by aunts and uncles. cacy group, Brown is taking a college course limit-setting,” they said, adding, “In our Other relatives helped her find work and on family empowerment to help others. eyes, her way worked wonders.” raise her only daughter when she left the On a recent afternoon, Joshua, 10, took Brown had also pleased the foster care hardscrabble Wayne County tobacco fields out a Harry Potter book and sat on her lap. agency in Harlem that originally supervised for New York City at 18. Thirty-five of Anthony, seven, snuggled near. A man they Joshua, almost two when she took him in Anthony’s and Joshua’s cousins, from did not recognize sat on the couch, too. 1994. It approved of her adopting him and Brooklyn to Farmville, North Carolina, Did they know who had helped Louise Anthony, who came to her a newborn in petitioned the court on her behalf. Brown win them back from foster care? 1995, after Brown’s drug-addicted niece “She is the kind of person the child “The son who she raised,” Joshua agreed she was unable to care for them. welfare system most often wrongs and mis- replied, meaning Barak. But from the day St. Joseph took over the understands,” Professor Davis said. “Child “That’s him!” Louise Brown exclaimed. case in 1996, its workers questioned Brown’s welfare workers had seen her as a woman Beside her, Barak Bassman beamed. ■ capabilities, records show. When a rise in who was inadequately compliant and diffi- her blood pressure required a brief hospital cult to understand.” stay, doubts hardened. They complained Madeleine Kurtz, a director of the de- Copyright © 2002 by The New York Times Co. she had “speech pathology, possibly other fense clinic, agreed. “There’s no question Reprinted by permission. 130 AUTUMN 2002

Triarc Companies (a holding company and Students Network With franchisor of the Arby’s Restaurant chain) as the Executive Vice President and General Prominent Alumni at Dean’s Counsel. Under Schorr’s watch, Triarc acquired the then-struggling Snapple for Roundtable Luncheons $300 million—a bargain compared to the $1.76 billion Quaker Oats paid for it in 1990. Triarc quickly addressed Snapple’s One of John Sexton’s signature events as dean was the popular shortcomings—lack of product variety, inferior distribution system, and problems “Dean’s Roundtable Luncheons.” Although as NYU President-Designate, with advertising—and succeeded in turn- ing the company around. In fact, Triarc’s Sexton was busier than ever in the 2001-2002 academic year, he man- revamping of Snapple has become a case study at Harvard Business School. Schorr aged to bring a number of NYU Law alumni to the school for a three- advised students not to “separate legal issues from corporate issues,” in order to course lunch and a discussion with students about choosing law careers succeed as a General Counsel. Lawyers must understand business risks to effec- off the beaten path. Sexton instituted the lunches to expose students to tively draft and negotiate a company’s transactions, he said. the nontraditional careers it is possible to pursue with a law degree. Charles Mele (’81) discussed his experi- ences as Vice President and General Counsel Arthur I. Meyer (’38), a real estate investor diverse career paths for anyone with the of WebMD. He stressed the importance of involved in acquiring apartments, hotels, intellectual training provided by a legal firm experience for its unique hands-on and shopping centers, began his career in education. training, and specifically urged students real estate as an attorney, ultimately presid- Rick Mandler (’87), now Vice President not to be intimidated by a lot of work ing over various manufacturing corpora- of the Walt Disney Internet Group, dis- because it’s the way for young lawyers to tions and distributing companies. Meyer cussed his two-year clerkship on the Third develop skills. After discussing the positive told students about an unusual venture in Circuit, and his stint at the firm Patterson, aspects of firm life, Mele addressed the which he converted a samurai sword factory Belknap, Webb & Tyler, which he said led advantages of working for a corporation. in Japan into the first stainless steel cutlery him to Disney. At Patterson, Mandler cre- He said in-house work was the best place to factory in the country. He later began atively settled a series of big cases that become a generalist in a world where law working in venture capital and commercial grabbed Disney’s attention. He has pro- firms emphasize specialization. Mele has financing, acquiring an interest in a gressed through Disney’s News and New had the opportunity to work in almost Holiday Inn, which mushroomed into Media divisions since joining ABC in 1992 every area of the law since joining MedCo in interests in 18 Holiday Inns. Meyer merged as a general attorney. 1985, a sharp contrast “to the experience six of the hotels into Servico, Inc., which is Charles Sommer (’94), Vice President of that most partners at major law firms have.” now traded on NASDAQ. Meyer expanded Operations of USA Networks, Inc., began Caroline H. Little (’86), now Chief Operat- Servico into a 58-hotel business, with fran- his career at the firm of Cahill Gordon, ing Officer at Washingtonpost Newsweek chises including Hilton, Sheraton, Holiday where he soon grew restless. Sommer net- Interactive (WPNI), the new media sub- Inn, and its own brand name, Royce. worked with friends from law school to sidiary of The Washington Post Company, Michael Fuchs (’71) has spent his career in land a job in a fledgling division at USA began her career as an assistant U.S. the entertainment industry, where he Networks, producing local programming in Attorney. From there, she moved on to a served as chairman of Warner Music Group Miami for USA Broadcasting. “I was in a post at Arnold & Porter, a Washington and helped revolutionize cable television. place I’d never been, doing things I’d never firm. After working there for less than a Fuchs called his “career accomplishment” done, making a third as much money, with year, she started a family and began to feel the transformation of HBO from a disor- no security,” he said. His efforts paid off the difficulties of balancing the responsibil- ganized, directionless cable company into a quickly, though, with a promotion to ities of parenting and career. “The tradeoff leading provider of critically acclaimed General Counsel and Senior Vice President for interesting work was long hours, but I original programming. “We were trying to for Business Affairs at USA Broadcasting. wanted more time for my daughters.” break through established media, which Brian L. Schorr (’82) started his career in When Little heard that US News was look- had a tremendous choke hold on the indus- corporate law at the firm Paul, Weiss, Rif- ing for a Deputy General Counsel, she try,” Fuchs explained. He attributed his kind, Wharton & Garrison, where he helped jumped at the chance. “The workload was success to the mental training he received in draft New York State’s Limited Liability just as demanding, but I had more flexibil- law school. Although Fuchs lamented the Company Statute (signed into law by the ity and control over scheduling,” she said. current state of the entertainment business, governor in 1994). He became partner in She later moved to her current employer, he holds out hope for a future filled with 1990 and left in 1994 to join NYSE-listed WPNI, as General Counsel and was soon AROUND VANDERBILT HALL 131 promoted to Chief Operating Officer. In where he supervised numerous enforcement industry,” Quadrangle quickly found suc- this role she oversees business, accounting, bureaus, including the U.S. Customs Service cess. Tanner said his education and career advertising, and human resources issues. and the U.S. Secret Service. have been guided by his passion—regard- Little cautioned female students that David Tanner’s (’84) education and career less of success or failure—and he encour- today’s business environment is still “very have been characterized by the pursuit of aged students to act on their passions. much a male-dominated world” and it is knowledge, innovation, and the manage- Suresh Sani (’88) is a Vice President of important “to stick up for yourself.” ment and acquisition of large sums of First Pioneer Properties, Inc., a family- Bruce Gould (LL.M. ’93) presides over a money. Tanner spent one year at a law firm owned real estate company managing more family business, Gould Publications Inc., after graduation, leaving to pursue his pri- than three million square feet of commer- which specializes in law books and treatises vate equity dreams. About two years ago, cial space and 2,500 acres. After graduating for the legal and law enforcement commu- he and a few colleagues left Lazard Freres & from NYU Law, he worked in the real estate nities. Started in 1953 as a publisher of law Co. to form Quadrangle Group Corp. LLC, department of Shea & Gould, learning the review books for the New York State Bar, a media and communications private equity nuts and bolts of real estate practice and the business has grown to become one of the shop. “With the blessings and financial preparing for his career in the family busi- leading statutory law book publishers in backing of his former employer, a high- ness. Sani recommended that students get the country. As a way of giving back to his powered advisory board, and the network firm experience even if only to receive train- alma mater, Touro Jacob D. Fuchsber Law and savvy of four veterans of the finance ing to excel in other professional pursuits. ■ Center, Gould established an award for an outstanding publication related to law or legal systems. Recipients of the award have included former Senator Daniel Patrick Moynihan and Alan Dershowitz. Gould also stressed the importance of being involved in Law Revue 2002 public service. Raymond W. Kelly (’74), who had just been In John Sexton’s final year as dean, ax-wielding Vikings from the American Bar Association invade appointed the next Police Commissioner of NYU Law to conduct an accreditation review. No, this is not the harbinger of the demise of one of the the City of New York, spoke to the lunch- nation’s leading law schools, but the premise for “ABA Gone Wild,” the 2002 Law Revue. eon participants about his past and the Sexton’s last year as dean provided ample content for the annual show, a collaboration of student city’s future. Kelly’s eclectic and impressive writers, actors, dancers, musicians, and artists. Dan Ball (’02), a writer for Law Revue, saw the show career in public service began in the New for the first time last year and decided to write for it. “I thought wow, this is really cool,” he said. “I York City Police Department, where he enjoyed getting together with talented and funny writers to create a high quality production.” served for more than 30 years in 25 differ- Kendra Kresse (’02), also commented on the quality of the show. “The lyrics are so clever and I’m ent commands. From 1992-1994, he served always amazed by how much work goes into the dancing,” she said. Kresse was also impressed with as commissioner of the 32,000-member the caliber of the vocalists. “You don’t expect that from lawyers.” force, the largest in the nation. During his tenure as commissioner, he directed the emergency response and successful investi- gation, in conjunction with federal agen- cies, of the 1993 World Trade Center bombing. He was asked in 1994 to serve as the director of the International Police Monitors in the Republic of Haiti, a force under contract with the U.S. Department of State charged with restoring democracy in the republic. For that year’s service, Kelly was awarded two of the nation’s most pres- tigious awards—one by President Clinton for exceptionally meritorious service and the Commanders’ Medal for Public Service awarded by the chairman of the Joint Chiefs of Staff. He then became president of Inves- tigative Group International, a 100-person litigation support company specializing in complex investigations for major domestic and international law firms. From 1996- 1998, Kelly was undersecretary for enforce- ment at the U.S. Treasury Department, 132 AUTUMN 2002 133

Breaking New Ground

ONSTRUCTION BEGAN IN SEPTEMBER 2001 ON NYU LAW’S C new building. Sandra Day O’Connor, Associate Justice of the U.S. Supreme Court, attended a moving groundbreaking ceremony—the first major construction groundbreaking in New York City following the September 11 attacks on the World Trade Center. Located on West Third Street between Sullivan and Thompson Streets, the new building will include classrooms, seminar rooms, student lounges, the Hauser Global Law School’s offices, faculty and administra- tive offices, the schools’ clinical programs, faculty housing, and more. 134 AUTUMN 2002 Supreme Court Justice O’Connor Presides at Groundbreaking

Sandra Day O’Connor, Associate Justice of the U.S. Supreme Court, joined leaders of New York University and the School of Law to break ground for a new, nine-story academic building for the Law School.

The ceremony took place at the site of the new building on West Third Supreme Court Justice Sandra Day O’Connor Street between Thompson and Sullivan Streets. NYU for going full speed ahead with the groundbreaking and the construction of this great new building, which will add to the unmatched architectural and cultural vitality of the capital of the world. This sends a strong statement that New York City is open for business. As the mayor of New York, and as a graduate of New York University School of Law, I could not be prouder of this city and this University. This building represents NYU’s unshake- able commitment to the future of New York City.” Sexton noted that NYU Law’s Hauser Global Law School Program, which focuses on such complex issues as international human rights and the rule of law in the global economy, will be housed in the new building. “From this building, our Law School will continue to reinforce the value of the rule of law throughout the world,” he said. “We are particularly honored to wel- come Justice Sandra Day O’Connor to this (l-r): Digging in at the groundbreaking are Student Bar Association President Rishi Bhandari; NYU President L. Jay Oliva; groundbreaking,” Sexton continued. “She has NYU Board of Trustees Chair Martin Lipton; Supreme Court Justice Sandra Day O’Connor; and NYU President-Designate played an especially important role in the John Sexton evolution of NYU as the world’s first truly global law school. Her presence here dem- onstrates her faith that this city will, in the “The need for lawyers does not diminish great city. We build for our Law School’s future, be an even more powerful symbol of in times of crisis,” Justice O’Connor told future, as our city must rebuild for its the best in humankind.” the gathering. “It only increases. New York future, on a foundation of justice, the Other speakers at the groundbreaking University School of Law has played, and bedrock of our republic.” included L. Jay Oliva, President of New York will continue to play, an important role in Mayor Rudolph W. Giuliani, a 1968 University; Lester Pollack, Chair of the training lawyers who understand the need graduate of NYU Law, was scheduled to School of Law Board of Trustees; Jay Furman, to convince a sometimes hostile world that give a speech at the groundbreaking cere- Chair of the NYU Law Foundation Building our dream of a society that conforms to the mony but was unable to attend because of Committee; Martin Lipton, Chair of the New rule of law is a dream we all should share.” his other responsibilities in the aftermath of York University Board of Trustees; and Rishi “This project reaffirms our commitment the September 11 attacks. “New York City Bhandari, President of the Student Bar to prepare students to seek justice through cannot be defeated,” Mayor Giuliani said in Association at the Law School. law,” said John Sexton, NYU President- a heartfelt statement about the Law School The new academic building is expected Designate. “With it, we also reaffirm our groundbreaking. “This event was planned to open for use in January 2004. It will University’s resolute commitment to a long before September 11, and we commend total 170,000 gross square feet. ■ THE NEW BUILDING 135

Sexton said he was “honored, moved, Tr ustees Name Student humbled beyond belief, and elated” and went on to say that “for those of us for Forum in New Building whom education is a vocation, students are the lifeblood of our professional lives. I After John Sexton could not imagine a selection which would have made me as happy.” Pollack said that a plaque will hang in The Law School Board of Trustees sur- check and a mock issue of the Commentator the John Sexton Student Forum and will prised NYU President-Designate John by Law School Trustees Lester Pollack read, “Dean John Sexton, through tireless Sexton at a dinner by announcing that the (’57), Tom Brome (’67), and Bonnie Reiss efforts, forged NYU Law into one of the Student Forum in the new building would (’69). After thanking Sexton for his leading educational centers in the world. In be named the John Sexton Student Forum. achievements in fund-raising, academic doing so, he created a true community of “For the first time in anyone’s memory, I vision, and building community spirit at faculty, students, administrators, and literally was reduced to silence,” Sexton said. NYU Law, Pollack told Sexton that the alumni. In recognition of his love for stu- “For nearly two minutes, to the delight of trustees picked the student forum as his dents, the members of the Board of Trustees many, I was unable to speak.” namesake “since the space is for students, are proud to name this the John Sexton Members of the Board of Trustees per- for whom you have dedicated much of Student Forum. His legacy will long res- sonally donated more than $1 million in your life, and who ultimately will benefit onate in academia, in the profession, and in new money to name the Student Forum from the strides made under your leader- the lives of countless individuals.” ■ for Sexton, who was presented with a fake ship.”

The Building

Classrooms, seminar rooms, moot court- rooms, student meeting areas, and group study rooms will occupy the lower floors of the new building. A café and student lounge will face Third Street at street level. The building will be connected by a below- street-level walkway to Vanderbilt Hall, which it will face across Sullivan Street. The Hauser Global Law School Program will be located on the third floor. Upper floors will house administrative and faculty offices, clinics, and faculty housing. NYU Law worked with the Greenwich Village community and citywide preserva- tion groups to achieve a design that inte- grates the new academic building with the surrounding community. Specifically, the profile of the new build- ing is maintained at a low-enough height— 128 feet from street level to the last The reconstructed elements of two his- occupied by the writer Edgar Allan Poe occupied floor—so that the sky will con- toric buildings that previously occupied the during approximately six months in 1845- tinue to be visible behind the campanile of building site also will be incorporated into 1846. Some Poe artifacts will be incorpo- the historic Judson Hall, which is owned by the new building’s facade: the front of the rated into the new building, and NYU Law NYU and houses the King Juan Carlos I of Judson House, renovated by the renowned will permit public access to this commemo- Spain Center. At Thompson Street, the architectural firm of McKim Mead and rative space on a regularly scheduled basis. building will rise only 38 feet from street White in 1899; and the facade of a typical The architects for the building are Kohn level and then be set back 20 feet, in order row house from the 1830s that is located Pederson Fox Associates PC, a firm with to harmonize with the street wall. on West Third Street and noted for being offices in New York and London. ■ 136 AUTUMN 2002

tion involve the construction or renovation Kresge Foundation Awards of facilities and the purchase of major cap- ital equipment or real estate. The grant for $1.5 Million Challenge Grant the West Third Street Building is the sec- ond such award that the School of Law has for New Building received from the Kresge Foundation; in 1988 its generosity made possible the ex- pansion of the Law School library. The West Third Street Building Cam- August 2003. The Foundation is interested Alumni and friends who wish to sup- paign received a significant boost when in the School’s plan to involve all members port the building project at the $2,500 the prestigious Kresge Foundation awarded of its fantastically diverse community in (for recent graduates 1 to 10 years out, NYU Law a $1.5 million Challenge Grant raising its portion of the Challenge Grant. only) or minimum level of $10,000 will be that will help leverage other gifts to the The Kresge Foundation is an indepen- automatically enrolled in the 21st Century Building Campaign. In order to meet the dent, private foundation created by the Club, the Law School’s newest donor Challenge and receive the grant from personal gifts of Sebastian S. Kresge and is recognition group (see below). These com- Kresge, the Law School must raise a signif- not affiliated with any corporation or orga- mitments can be made over five years or icant portion of the total project amount by nization. Projects supported by the founda- all at once. ■

Supporting the West Third Street Building Campaign

NYU Law created the 21st Century Club as a fiscal year 2003-2004. We hope a broad range Additionally, you will be specially invited to way to broaden involvement and ownership in of community members will take part in this ini- social and intellectual events at NYU Law. its new building project. The 21st Century Club tiative by joining at one of the available levels. If If you would like to join the 21st Century will continue the tradition of community partici- you join the 21st Century Club, your generosity Club, or for more information, please call pation and is expected to attract Law School will be recognized and your name will be listed (212) 998-6389. You can make a gift in sup- alumni and friends at inclusive levels. on a plaque prominently displayed in the new port of the new building in the form of cash, The 21st Century Club aims to generate building and you will be our guest at a gala din- appreciated securities, or through various $18,125,000 in revenue by the close of the ner celebrating the completion of this project. planned gifts. THE NEW BUILDING 137

Leadership Gifts Sally A. Buckman (’82) Ambassador Max M. Kampelman Joseph Polizzotto (’78) Gopal M. Burgher (’97) (’45) Jules Polonetsky (’89) Special thanks to the fol- Michael H. Byowitz (’76) Richard D. Katcher (’66) Estate of Frances Rauch lowing alumni and friends Joshua R. Cammaker (’94) David A. Katz (’88) Norman Redlich (LL.M. ’55) who made major gifts to the Emily Campbell (’95) Michael S. Katzke (’84, LL.M. ’88) Bonnie Feldman Reiss (’69) Building Campaign: Zachary W. Carter (’75) Yukako Kawata (’82) Richard Reiss, Jr. (’69) Marcy & Leona Chanin James Evan Kaye (’89) Rachel F. Robbins (’76) Henry Alpert Foundation Jerome H. Kern (’60) Richard A. Robbins (’75) Gary A. Beller (’63, LL.M. ’72) Kathryn Cassell Chenault (’80) Adolph Koeppel (’48, LL.M. ’53) Harry J. Roper (’66) Ira W. DeCamp Foundation Laurence D. Cherkis (’66) David Jonathan Kohl (’95) Jonathan A. Rosen (’97) Ehrenkranz Family Foundation Samuel Chuang (’96, LL.M. ’97) Peter J. Kolovos (’96) Leonard M. Rosen (’54) Alfred B. Engelberg (’65) Barbara S. Cohen (’82) Meyer G. Koplow (’76) Eric M. Roth (’77) Paul E. Francis (’80) Eva Pollak Cohen (’39) Daniel Kostenbauder Mark M. Rottenberg (’82) Fuchsberg Family Foundation Sabrina Gabrielle Comizzoli (’98) (’75, LL.M. ’79) Jared M. Rusman (’94) Jay M. Furman (’71) John J. Creedon (’55, LL.M. ’62) Amy S. Kramer (’82) Thomas P. Salmon (LL.M. ’58) Dr. Gail Furman Adrian F. Davis (’01) Harold Jonathan Krent (’82) Ellen Schall (’72) Estate of Elizabeth Golding Florence A. Davis (’79) Daniel Mark Labovitz (’95) Allison Rachel Schneirov (’91) Estate of Filomen D’Agostino Mark E. DeAngelis (’96) Natasha Labovitz (’96) Amy Horowitz Schorr (’84) Greenberg Errol C. Deans, Jr. (’97) Muriel Glener Lawrence (’44) Brian L. Schorr (’82) Honorable Frank J. Guarini, Jr. Mehbod Dowlatshahi (LL.M. ’98) Joseph K. Leahy (’97) David K. Schulhof (’96) (’50, LL.M.’55) Robert H. Easton (’96) Shawn P. Leary (’82) Andrew John Segal (’92) The Kresge Foundation Robin D. Easton (’96) Lawrence Lederman (’66) Susan P. Serota (’71) Martin R. Lewis (’51) Haley Beth Fabricant (’00) Sonia Lee (’96) Kathleen H. Shea (’57) Dwight D. Opperman Beverly A. Farrell (’01) Stephane Lettner (LL.M. ’94) Jill Renee Sheiman (LL.M. ’01) Herbert S. Podell (’58) Andrew David Feiner (’82) Scott A. Levine (LL.M. ’79) O. Peter (’71) and Ruby Lester Pollack (’57) Richard D. Feintuch (’77) Kwan-Tao Li (LL.M. ’69) Sherwood (’73) Catherine A. Rein (’68) M. Carr Ferguson (LL.M. ’60) Douglas S. Liebhafsky (’64) Warren J. Sinsheimer (LL.M. ’57) Ira L. and Inge Rennert Roger S. Fine (’66) Judie Lifton Bobman (’92) James E. Sizemore (LL.M. ’66) Herbert (’42) and Rose Luttan Lee Koehler Fink (’01) Sloan N. Lindemann (’93) Carey D. Slaten (’82) Rubin (’42) Ciro A. Gamboni (’65) Martin Lipton (’55) Lisa S. Smith (’92) The Starr Foundation Barry H. Garfinkel Owen S. Littman (’97) Gavin D. Solotar (’92) Kenneth I. Starr (LL.M.’72) Stephen L. Geifman (LL.M. ’71) Margaret K. Liu (’96) Yue Song (LL.M. ’94) Vincent S. Tese (LL.M.’73) Alice Geller (’77) Manuel S. Lopez Fonseca Lewis Robert Steinberg The Wilf Family Foundation Martha L. Gershun (’84) (MCJ ’93) (’84, LL.M. ’92) Anonymous (3) Theodore Gewertz (’61) George T. Lowy (’55) Robert Steinman (’97) Charles J. Glasser (’96) Jose Maldonado (’80) William C. Sterling. Jr. (’59) Herbert Z. Gold (’40) Ronald M. Mandler (’96) Daniel E. Straus (’81) 21st Century Club Irving Sebastian Gomez Jerome A. Manning (’52) Robert A. Swift (’73) Andrew H. Abramowitz (’97) (LL.M. ’98) Patricia A. Martone (’73) Emily A. Tabin (’82) Stephanie W. Abramson (’69) Martin J. Gross (LL.M. ’81) Richard Gary Mason (’87) Stewart E. Tabin (’82) Cass Gunther Adelman Ronald Grossman (’62, LL.M. ’65) Frances Milberg (’71) Louis B. Thalheimer (’69) (’95, LL.M. ’99) Alan M. Grumet (’96) Gene I. Miller (’66) Jeffrey P. Travers (’95) Lawrence S. Atinsky (’96) Wayne R. Hannah, Jr. (’57) Guy M. Miller (’96) Paul D. Tropp (’96) Stephen M. Bander (’97) Ellen Wessler Harris (’77) Maxroy K. Mitchell (’96) Adam Michael Turteltaub (’98) Bernadette M. Barron (LL.M. ’96) T. Randolph Harris (’77, LL.M. ’83) Francis John Morison (’67) Honorable Harold R. Tyler, Jr. Andrew J. Beckler (’95) Tarek J. Helou (’01) Barbara Murray Ryunosuke Ushijima (MCJ ’96) Norman Benzaquen Richard M. Hendler (’88) David J. Nathan (’82) Raj R. Vaswani (’97) Daniel S. Berger (’94) Patricia Hewitt (’90) Walter M. Norkin (’00) Valerie Uy Velasco (MCJ ’96) Paul S. Berger (’57) Christopher Raymond Hill (’92) Darilyn T. Olidge (’93) Tami S. Wardle (’94) H. Bryan Binder (’97) Howard Sean Hogan (’99) Dwight D. Opperman Howard I. Weiss Leonard Boxer (’63) Sung Hyun Hwang (’00) Norma Z. Paige (’46) Melvyn I. Weiss (’59) Michael David Boxer (’92) Michelle M. Hyland (’00) Martin D. Payson (’61) Anthony Welters (’77) Tiffany Tran Boydell (’95) Ronald N. Jacobi (’71) Lawrence B. Pedowitz (’72) Jennifer L. Wendy (’97) Dr. George Braff (’67) Mitchell L. Jacobson (’76) Bernard Petrie William J. Williams, Jr. ('61) James Peter Bridy (LL.M. ’92) Kang Ho Jhe (LL.M. ’96) Dr. James Patrick Philbin, III (’92) William J. Yoo ('95) Murray H. Bring (’59) and Kimberlee Kaye Johnson (’95) Joseph G. Piccolo (’90) David A. Zonana ('94) Kay Delaney Bring Kara R Josephberg (’01) Jonathan Pickhardt (’98) Anonymous (2) Thomas R. Brome (’67) Rafiq R. Kalam Id-Din, II (’00) Jason Pickholz (’94) (As of July 22, 2002) Estate of Sidney J. Brown

139

Graduation 2002

RUMPETS SOUNDED FROM HIGH ATOP THE WASHINGTON T Square Arch, heralding the start of the 170th Commencement for students of NYU’s various colleges and schools. Thousands of graduates in purple gowns filled Washington Square Park, as the University commu- nity celebrated the achievements of the Class of 2002. Sandra Rodriguez proudly led the procession of NYU Law’s graduating class, carrying the school’s banner through the park and onto the stage. 140 AUTUMN 2002

The New York City Fire Department Color NYU Law Grads Honored at 2002 Guard led the Platform Party to the stage and, once the crowd was in place, New Commencement and Convocation York City Police Officer Daniel Rodriguez sang his now-famous version of the It was the last Commencement for NYU President L. Jay Oliva, National Anthem. In his remarks, Police Commissioner who characterized it as a “day of reflection,” saying he felt like he was Kelly noted that the World Trade Center attacks had deeply affected and changed graduating, too. the city and its residents, and would be a touchstone for the generation graduating in 2002, a theme echoed by many of the other The University conferred five honorary Stanford mathematician and engineer speakers. Kelly noted that as a result of doctoral degrees, including the degrees Joseph B. Keller; and Doctor of Humane those events, the proudest declaration to be of Doctor of Humane Letters to CNN Letters to Ivan Addae-Mensah, Vice made is, “I am a New Yorker.” He urged International Correspondent Christiane Chancellor of the University of Ghana. the graduates to “stay in New York, Amanpour; Doctor of Fine Arts to Broadway September 11 and its aftermath figured because this is where the future lies.” producer and director Harold Prince; prominently in the program, from a The deans of the individual schools and Doctor of Laws to NYU Law alumnus New moment of silence at the start of the cere- colleges then presented candidates for the York City Police Commissioner Raymond mony to a discussion of the world’s future granting of diplomas. NYU President- Kelly (LL.M. ’74); Doctor of Science to and how NYU graduates can improve it. Designate John Sexton presented Christine Bohrer Van Aken as the Law School’s candi- date for the J.D. degree, and Ron Deutsch as the candidate for the LL.M. degree. Both accepted their degrees and a hug from Sexton to the wild applause of their classmates. Commencement concluded with a sur- prise from President Oliva, who announced that pop singer and NYU alumnus Neil Diamond had written an original song for the occasion, entitled “Forever NYU.” Diamond closed the ceremony by perform- ing the tune for the cheering graduates. Later in the week, the more than 800 graduates in the NYU Law class of 2002 gathered with their friends and family at the Theater at Madison Square Garden for Convocation. In an emotional speech, Sexton (l-r): Ronald Noble, Wilfred J.A. Pereira, Sarah Xochitl Bervera, and Lester Pollack (’57) said he was proud that his last Convocation would represent “a triumph of Sextonian schmaltz.” To demonstrate, he pointed to the fact that J.D. candidate Gabriel Ross would be hooded by his great-uncle, a graduate of the Law School in the 1930s, wearing a suit that once belonged to his grandfather, also a graduate of NYU Law. Speaker Sarah Xochitl Bervera repre- sented the J.D. students. She asked a ques- tion of the graduates: “What kind of lawyer will you be?” Bervera noted that lawyers, especially in the present day, face difficult ethical choices about what sorts of repre- sentation it is proper for them to undertake, and how much effort they should put into achieving social change. In particular, she Rebecca Rolland (’29) represented the oldest alumni present at the 2002 commencement ceremony argued that as lawyers, graduates of the GRADUATION 2002 141 class of 2002 have a moral duty to speak out against policies that they believe to be unjust or illegal, and pointed to certain actions taken by the government against immigrants as a particular area of concern. Bervera closed by noting that there was a choice to be made about what kind of lawyer one would be, but that the choice is a simple and clear one. Wilfred J.A. Pereira represented the candidates for LL.M. and J.S.D. degrees. Pereira spoke about the need for students to thank the people who had supported them throughout law school, including the faculty and staff of NYU Law and their friends and family. In addition, Pereira noted that as a foreign L.L.M. who came to New York City knowing almost no one, NYU President-Designate John Sexton NYU Law truly had created a sort of fam- ily for him, especially in the days following September 11. He described a community that went out of its way not just to ensure that its members were safe, but also attempted to aid others hurt by the disas- ter by opening up their homes, giving blood, and providing assistance to the relief effort. Ronald Noble, NYU Law professor and current Secretary-General of the International Criminal Police Organization (Interpol) spoke of his love for NYU and his firm belief that the class of 2002 had received one of the finest legal educations available anywhere in the world. Noble described how his classroom experiences at NYU had helped him deal with some of the difficult issues he worked on in the public sector, most recently as Under- Ron Deutsch accepts his diploma on behalf of LL.M. degree candidates secretary of the Treasury for Enforcement. He urged the graduates to consider doing work in public service, because it is a con- crete and rewarding way to give back to the community. When the time came for the hooding of the individual degree candidates, the can- didates for the J.S.D. went first, followed by the candidates for the various LL.M. degrees. The faculty then presented the more than 400 candidates for the J.D. degree, each of whom received a hood from a member of the faculty, along with a firm handshake and hug from Sexton. The final degree candidates to receive their hoods were the nearly 30 members of the class of 2002 who were hooded by rela- tives who were alumni or staff of the Law School. ■ Christine Bohrer Van Aken accepts her diploma on behalf of J.D. degree candidates 142 AUTUMN 2002 Graduation 2002

NYU President L. Jay Oliva joins in a musical number

Sandra Rodriguez carries the NYU Law banner into the ceremony

New York City Police Commissioner Raymond Kelly (LL.M. ’74)

New York City Police Officer Daniel Rodriguez sings the National Anthem The New York City Fire Department Color Guard GRADUATION 2002 143 Family Album

It is a tradition at Convocation for graduates to be hooded by relatives or significant others who are alumni or staff of NYU Law. Pictured below and on the following pages are members of the class of 2002 and their family members and loved ones.

Denise Seldman with her sister-in-law Scott M. Hendler with his grandfather Stanley B. Hendler Aparna Kaul with her husband Puneet S. Arora (LL.M. ’01) Miriam Spiro Seldman (’95) (’48) and his uncle Professor Richard M. Hendler (’88)

Antonio J. Perez-Marques with his sister Jonathan C. Wishnia with his father Serguei Mitirev with his wife Olga Mitireva (LL.M. ’01) Gabriella Perez-Baron (’95) Bernard Wishnia (LL.M. ’82)

Eric Friedlander with his father Mark Friedlander Sima Ellen Shapiro with her brother Jesse Shapiro (’00) Jennie E. Smith with her fiancé Kyle Mooney (’00) (LL.M. ’74) and his stepmother Mindy Greene (LL.M. ’96) and her future sister-in-law Danielle Samulon (’00) 144 AUTUMN 2002

Juan F. Vasquez, Jr. with his father the Frank J. Macchiarola with his brothers Joseph J. Melissa D. Froehle with her cousin Sean Mahoney (’01) Honorable Juan F. Vasquez, Sr. (LL.M. ’78) Macchiarola (’96) and Michael C. Macchiarola (’97)

Jeremy D. Alper with his cousin Ty Alper (’98) Daniel S. Margolin with his father Phillip Margolin (’70) Laurie Beth Ehrlich with her fiancé Keith Emmer (’00)

Sandra Rodriguez with her father Valentin Rodriguez, Ryan A. Candee with his fiancée Amanda Norejko (’01) Jacqueline L. Berkell with her sister an NYU Law employee Kelly Berkell-Mamaysky (’99)

Eddie E. Frastai with his brother Harold J. Connolly with his brother William G. Connolly III (’91) Michael J. Melone with his father Robert H. Frastai (’96, LL.M. ’99) Thomas M. Melone (LL.M. ’89) GRADUATION 2002 145

Lisa M. Schneider with her father Evan A. Michael with his father Martin P. Michael (’74) Dara L. Sheinfeld with her father Ira S. Sheinfeld (LL.M. ’87) Michael Schneider (LL.M. ’74)

Carla M. Levy with her father Jerome T. Levy (’66, LL.M. ’71) Rebecca Peterson with her father David B. Wolfe with his twin brother Jon Wolfe (’01) Andrew Peterson (LL.M. ’85) and their aunt the Honorable Peggy Bernheim (’65)

Jessica Amy Malkin with her father David Malkin (’67) Gabriel Ross with his great-uncle Herman Levenson (’35) Ricardo Unikel with his brother Alfredo Unikel (’00)

Robert Natter with his brother David Natter (’99) Marion Ringel with her mother Ronnie Ringel (’74)

147

Alumni Celebrate Reunion

LUMNI FROM CLASSES 1952, 1957, 1962, 1967, 1972, 1977, A 1982, 1987, 1992, and 1997 descended on Washington Square this year for a festive few days. A gala dinner kicked things off, followed by a weekend of discussions, award presentations, and NYU President- Designate John Sexton’s final State of the Law School Address as Dean. And, as always, graduates danced the night away at the Waldorf=Astoria’s elegant Starlight Roof. 148 AUTUMN 2002

explaining the legal differences between Reunion 2002 justifications and excuses to his client, Stewart unsuccessfully tries to elicit more CURRENT ISSUES IN LEGAL ETHICS information. Then, with no other apparent The Alumni Reunion’s Continuing defense, Stewart—walking the fine line Legal Education Program hosted an inter- between questioning and coaching—subtly active lecture with Vice Dean Stephen suggests an insanity defense with the ques- Gillers (’68) entitled “Current Issues in tion, “Were you mad?” Legal Ethics.” Gillers’ presentation ranged Gillers called on audience members, from a discussion of Jimmy Stewart’s soliciting their takes on the ethical propri- character in Anatomy of a Murder, to a con- ety of Stewart’s behavior. A lively discus- sideration of the ethical implications of the sion ensued, with some people taking the Enron crisis for lawyers. Gillers, who has stance that to suggest a defense was not been a Professor of Law at NYU since only an ethical lapse but also a failure on 1978, is the author of the widely used case- the lawyer’s part; by failing to broadly Professor Stephen Gillers (’68) engages the crowd during book Regulation of Lawyers: Problems of Law explore the issue with the client, the lawyer the Continuing Legal Education seminar “Current Issues and Ethics. neglected other possible defenses. On the in Legal Ethics” In an unusual beginning to a talk on other hand, an experienced defense attor- legal ethics, Gillers played a clip from the ney from the audience mentioned the Gillers then spoke of the Enron crisis 1959 film Anatomy of a Murder in which necessity of allowing less sophisticated par- and how it can provide lessons to attorneys. Jimmy Stewart’s character questions a ties to receive adequate representation by What is a lawyer—who is ethically and client about the circumstances surrounding investigating all possible defenses in a crim- legally bound to both a client and the sys- the murder of which he is accused. After inal proceeding. tem of justice—to do when faced with a ALUMNI CELEBRATE REUNION 149 conflict between the two? Gillers proposed various rules that lawyers need to remem- ber, including being independent of the business agents they represent and being prepared to resign when a violation is seri- ous enough. As in the discussion about elic- iting client information, a line needs to be drawn “between zealous advocacy and improper advocacy,” Gillers said. Yet this line is not only difficult to draw, but inher- ently ambiguous depending on the exigen- cies of the situation and the relationship between the lawyer and client. The lesson Alumni Achievement Award recipient Anthony Welters (’77) with wife Beatrice Welters Gillers offered was that lawyers need to always be vigilant in thinking about and applying abstract ethical principles to their Alumni Association Awards Luncheon. This Graduate Award for his extensive accom- professional practice. annual event provides an opportunity for the plishments in business in the decade since Law School alumni to come together to cel- he graduated from NYU Law. Segal’s com- LAW ALUMNI ASSOCIATION AWARDS LUNCHEON ebrate the accomplishments of their peers. pany owns, manages, and leases over NYU President-Designate John Sexton Andrew Segal (’92), the president and 5,000,000 square feet of office space in six welcomed alumni, family, friends, students, founder of Boxer Property Management states. His bold business strategies revolu- and faculty to Lipton Hall for the Law Corporation, was honored with the Recent tionized the office leasing business and 150 AUTUMN 2002

changed the face of commercial real estate in major cities. The Public Service Award went to U.S. Representative Diana DeGette (’82) of Colorado. DeGette took the podium and explained that, like any politician, she was “always ready to give a speech.” Recalling her days as the activist president of the Student Bar Association, DeGette spoke about the importance of nurturing future public interest lawyers at NYU. She also thanked her husband, Lino Lipinsky (’82), for helping her pursue her public interest dreams. Roberta Segal Karmel (’62), Professor of Law and Co-Director of the Center for the Study of International Business Law at Brooklyn Law School, received the Legal Teaching Award. In the 30 years since she graduated from NYU Law, Karmel has Law Alumni Association Award Recipients (l-r): Betty Weinberg Ellerin (’52), Judge Edward Weinfeld Award; Roberta Segal authored more than 50 articles that have Karmel (’62), Legal Teaching Award; Andrew Segal (’92), Recent Graduate Award; and Traci Quackenbush, who received appeared in books and legal journals. the Arthur T. Vanderbilt Medal in honor of her late husband, Christopher Quackenbush (’82) Sexton praised her accomplishments in law and scholarship. the country’s leading providers of public services company. The company’s health The Alumni Association honored sector health care programs. Since its incep- plans pioneered the concept of comprehen- Anthony Welters (’77) with the Alumni tion more than a decade ago serving inner sive community-based care, and it has Achievement Award. An NYU Law trustee, city residents of Philadelphia, AmeriChoice won recognition for innovative programs Welters is Chairman and Chief Executive has flourished under Welters’ leadership, designed to improve access to services and Officer of AmeriChoice Corporation, one of resulting in a profitable, diversified health bring people into the health care system. Justice Betty Weinberg Ellerin (’52) received the Judge Edward Weinfeld Award. Ellerin is an Additional Justice of the Appellate Division of the Supreme Root-Tilden-Kern Reception Court of the State of New York, First Department. She was the first woman appointed to that bench in 1985. Ellerin thanked the association for her award, and recalled her encounters with the award’s namesake, Judge Edward Weinfeld. She praised Judge Weinfeld’s intellect and his capacity “to immediately understand the legal implications of any case” when argu- ments were presented to him in court. The awards ceremony included a heart- felt tribute to Sexton’s close friend and NYU Law alumnus and trustee Christopher Quackenbush (’82), who perished in the September 11 World Trade Center attacks. Quackenbush was posthumously awarded the Vanderbilt Medal, the highest honor bestowed by the Law School. In an emotional Root-Tilden-Kern graduates gather for a pre-reunion reception at the Waldorf=Astoria. (l-r): Richard Weill (’67), presentation, Sexton gave Quackenbush’s Manuel Klausner (’62, LL.M. ’63), Helena Heath-Roland (’87), Tiffany McKinney (’01), David Adams (’77), wife Traci the medal. For more about the life Professor Vicki Been (’83), and Thomas Brome (’67) of Christopher Quackenbush, see page 96. ALUMNI CELEBRATE REUNION 151

A Good Time Was Had by All Here’s a sampling of what alums had to say about this year’s celebration

“It was a great evening, sharing and remembering relationships past and present. Everyone enjoyed them- selves. We were glad to be back together as a class from NYU Law. It would be nice to gather on a regular basis and not have to wait five years.” —Lester Pollack (’57)

“My 20th Reunion was a great opportunity to see many old friends and to meet a large number of classmates that I had not known at the Law School.” —Brian Schorr (’82)

“I did not expect it to be so much fun! I felt like I had just graduated yesterday. I only wish that I had more time to talk with everyone. It was such a great turnout and there were so many people who I wanted to see. NYU President-Designate John Sexton I am sorry that I had lost touch with so many of my classmates over the years. I hope that I will be in touch with some of them before I see them again at the 15th Reunion!” —Susan E. Canter (’92)

SEXTON DELIVERS HIS FINAL STATE OF THE “Our Reunion was a rousing success. The Russian Tea Room proved to be an elegant setting, and a great LAW SCHOOL ADDRESS time was had by all.” —Eric Roth (’77) Later that afternoon, John Sexton deliv- ered his last State of the Law School “Reunion was a great success. It appeared that everyone had a great time. It was wonderful to see everyone.” Address. He began by telling the audience —Ronald Moelis (’82) how, at a recent legal community event, he heard Dean Anthony Kronman of Yale Law “Like fine wine, our classmates are improving with age. Our Reunion was invigorating and memorable, and School announce, “John would love for me we look forward to our 45th!” —Manuel Klausner (’62, LL.M. ’63) to say publicly that NYU is the leading law school in the country, and I can’t say that. “I have deep appreciation for each of my classmates because of the relationship we have enjoyed But it is the leadership law school.” Sexton over the years.” —Wayne Hannah, Jr. (’57) elaborated on that statement with three points that demonstrate the strong state of “I wish we could do it every year.” —Igor Levin (’92) the Law School: the faculty and students, Dean-Designate Richard Revesz, and the “The Class of 1977 celebrated its 25th Reunion by breaking with tradition and having its dinner at new building. the Russian Tea Room. The cuisine and ambience were memorable, but not nearly so memorable Sexton praised Dean-Designate Revesz, as the rekindling of old friendships. One of the high points of the evening was a farewell address by saying, “I can say to you with great confi- Dean Sexton—accompanied of course by numerous hugs—followed by the introduction of incoming dence that we will be better off with him Dean Revesz.” —T. Randolph Harris (’77, LL.M. ’83) coming on than if I stayed on for the next five years—and I did a pretty good job.” Dean-Designate Revesz ended the pro- gram. “I think very few times in history does an institution have the chance to make it to the top in ways that matter—and have widespread agreement about that,” Revesz said. “Because of what John and you did, we actually have a shot at doing that.”

DINNER AND DANCING AT THE WALDORF During Reunion Weekend, graduates and their guests attended formal class din- ners, each separate and distinct, but every- one came together at the All Reunion Dance at the Waldorf=Astoria. At the dance, par- tygoers enjoyed cocktails and good conver- sation with classmates and friends and danced into the wee hours of the evening at the hotel’s beautiful Starlight Roof. ■ 152 AUTUMN 2002 Class Chairs and Committee Members

Class of 1952 Top row, standing (l-r): Leon Savetsky (’52), Jules Spodek (’52), Edward Joachim (’52), William Friedmann (’53), Robert Slavitt (’52), Irving Perlman (’52), Eugene Levitt (’52), Jack Mackston (’53), and William Bernstein (’52)

Bottom row, sitting (l-r): Leonard Speier (’52), Allan Pines (’52), Joseph Slavin (’52, LL.M. ’56), Betty Weinberg Ellerin (’52), and Alfred Drangel (’52)

Class of 1957 (l-r): Paul Berger (’57), Kathleen Shea (’57), Wayne Hannah, Jr. (’57), and Lester Pollack (’57)

Class of 1962 (l-r): Ronald Lightstone (’62), Nicholas Coch (’62), Judith Smith Kaye (’62), Stephen Cohen (’62), and Manuel Klausner (’62, LL.M. ’63)

Class of 1967 (l-r): Francis Morison (’67) and David Malkin (’67)

Class of 1972 (l-r): George Wailand (’72) and Erica Steinberger-McLean (’72) ALUMNI CELEBRATE REUNION 153

Class of 1977 (l-r): T. Randolph Harris (’77, LL.M. ’83), Eric Roth (’77), Mindy Farber (’77), Lawrence Green (’77), Roy Simon (’77), and Richard Feintuch (’77)

Class of 1982 (l-r): Ronald Moelis (’82), Diana DeGette (’82), and Brian Schorr (’82)

Class of 1987 (l-r): Robert Nelson (’87), Elizabeth Manko (’87), Peter Barbur (’87), and Mark Goodman (’87)

Class of 1992 (l-r): Gavin Solotar (’92), Michael Boxer (’92), Igor Levin (’92), Lida Rodriguez-Taseff (’92), and Andrew Segal (’92)

Class of 1997 (l-r): Andrew Migdon (’97), Michelle Migdon (’97), Laurie Thalheimer Rosenblatt (’97), and Raj Vaswani (’97) 154 AUTUMN 2002

N ENGAGED GROUP OF ALUMNI IS AN Alumni A essential component of NYU Law’s continuing excellence. At gatherings in New York and around the News country, graduates of the Law School regularly meet to reminisce about their NYU days, exchange ideas, and consider the future of the school. An accom- plished lot, NYU Law alumni have taken diverse career paths, proving the breadth of their legal educa- tion. What follows is a sampling of the special people who help to make NYU Law such a dynamic place.

New York City Police Department for eight BLAPA Celebrates Alumni years; five of which were in the Advocates Department, the legal office that prepares and Students at Annual Dinner cases against officers accused of breaking department rules. He was at One Police Plaza filing his retirement papers when the first plane hit Tower One. Perry’s mother Pat was told that he said, “Give me my badge—I’ll come back and finish the paperwork.” Perry was a member of the New York Civil Liberties Union and enjoyed using his legal skills to represent friends and colleagues pro bono, in addition to serving as an arbi- trator for small claims court. The board next honored Terry Tang (’83), current editor of The New York Times Op-Ed page. After graduating from NYU Law, Tang practiced law but soon switched careers to become a journalist. She has worked as a staff writer at The Seattle Weekly and as a columnist and editorial board member at The Seattle Times. Prior to her appointment as New York Times Op-Ed editor, she wrote editorials on national affairs as a member of the Times edi- The Perry family accepts the BLAPA award for distinguished service on behalf of John Perry (’89), a New York City police torial board. “Although I’m not part of the officer who perished in the World Trade Center on September 11. (l-r): Patricia Perry; Linda Gadsby (’92), BLAPA President practicing legal community, what I learned 2002-2003; James Perry; and Joel Perry here has informed my career in journalism,” Tang said. “Both careers are interested in The annual Black, Latino, Asian Pacific also presented three students with the discovery of facts, propelled by inquiry into American Law Alumni Association (BLAPA) BLAPA Public Service Scholarship Awards. causation.” She also noted that, as an opin- dinner brought 150 students, faculty, and The BLAPA Board presented a special ion and editorial writer, one “lives and dies alumni together. BLAPA honored four NYU posthumous honor to John Perry (’89), who by the art of persuasion.” Law alumni for their work and contributions lost his life in the terror attacks of September Justice Eduardo Padró (’80) was honored to the minority and legal communities, and 11, at the age of 38. Perry worked for the for his work on the bench and also for his ALUMNI NEWS 155 extensive work in the community. Padró was his work as a student activist, private practi- those students planning to dedicate their elected to the New York State Supreme tioner, and academic. Holmes was intro- careers to public service. The awards were Court criminal term in November of 2001. duced as “someone who is unafraid to tread presented to graduating students Bernadette Prior to his appointment, Justice Padró was where no one has gone before.” His student Armand and Violeta Chapin, and second year the first Latino ever elected to a county wide activities included protesting the Vietnam student Priyamvada Sinha. ■ civil court vacancy in New York County. In War and staging a sit-in at the dean’s office 1996, Chief Justice Judith Kaye appointed to demand the hiring of one other African- Padró to serve on the Franklin H. Williams American professor because there was only Judicial Commission on Minorities. He has one at the time. As an attorney, he has served BLAPA Alumni are also been an active member of bar associa- as the director of the Police Misconduct Leaders in New York tions and other numerous civic and commu- Project of the New York Civil Liberties nity organizations, and spends many hours Union and as an arbitrator for the New York City Government mentoring younger attorneys and students City Transit Authority. from NYU Law, Yale University, Aspira, His civic involvement has extended “We had always been a group of political “City as School” High School, and other local beyond legal education endeavors; he has junkies, especially local politics and govern- schools that visit the courthouse. served on the Board of Trustees of Bucknell ment,” says Herb Barbot (’91), Deputy Padró thanked the activists who came University and worked as co-chair of the Comptroller for the Office of the Comptroller before him and challenged the Law School to United Negro College Fund Brooklyn cam- of the City of New York. “We celebrated the open its doors, along with those classmates paign. As one of BLAPA’s founders, Holmes historical win of the City’s first African- who “provided much needed emotional sup- reflected on its history and noted that the American Mayor, David Dinkins. We even port and political solidarity for attempting organization was conceived in 1978 after stu- helped to elect one of our own—Roberto this institution.” He also acknowledged indi- dents had approached Holmes and another Ramirez (’93)—to the New York State viduals who have worked hard on behalf of colleague to incorporate an alumni associa- Assembly when he was only a 2L. We talked BLAPA and subsequently donated time and tion for students of color. He has worked to and argued and dreamed of one day ‘running energy to make his appointment to the State replicate similar arrangements at other the City.’ As arrogant as that may sound Supreme Court a reality. “It is finer to serve schools as well. now, we love this City and we love the idea somebody else than serve oneself, ” Padró The evening concluded with a presenta- of service. Today we are most fortunate to be said in his closing remarks. “When you give tion of three public service awards. BLAPA serving New York City in this historic time.” and give from the heart, life will forever Treasurer Patrick Michel (’96) said, “This part reward you.” of what BLAPA does is special because NYU Recent BLAPA additions to city government include: The final recipient, Gilbert A. Holmes is a public service organization and BLAPA is Herb Barbot (’91) (’72), Dean of the University of Baltimore a public service organization.” The three Deputy Comptroller for the Office of the School of Law since 2001, was honored for $3,500 scholarships were created to support Comptroller of the City of New York

Y. Stacey Cumberbatch (’86) Visit us online at www.law.nyu.edu Chief of Staff to Deputy Mayor Robles-Roman Jose Maldonado (’80) Chairman of the Organized Crime Control Commission

Jeanne Mullgrav (’88) Commissioner, Youth and Community Development

Jeffrey Oing (’89) Deputy Counsel to the City Council Speaker, Gifford Miller

Carol Robles-Roman (’89) Deputy Mayor for Legal Affairs and Counsel to the Mayor

Martha Stark (’86) New York City Commissioner of Finance

Roberto Velez (’89) Chief Administrative Law Judge at the Office of Administrative Trials and Hearing 156 AUTUMN 2002 Carroll and Milton Petrie The BLAPA Public Service Foundation Establishes Scholarship Scholarships at the Law The BLAPA Public Service Scholarship was created in 1994 to promote the practice of School and the University law in the public sector by graduates of NYU Law. BLAPA alumni have contributed funds to create this scholarship to reduce the debt With a generous $10 million gift divided about overcome adversity, misfortune, or burden of second- or third-year students who equally between the Law School and the personal struggle. are members of the Asian Pacific Law University, the Carroll and Milton Petrie Dean-Designate Richard Revesz said of Students Association (APALSA), the Black Foundation has established scholarships which the Petrie Scholarships, “This scholarship is Allied Law Students Association (BALSA), the will benefit the most needy and deserving highly appropriate for a school like NYU Latino Law Students Association (LaLSA), students. These scholarships will benefit both Law, which has a long tradition of being the the Middle Eastern Law Students Association undergraduates and law students. law school for those who have been histori- (MELSA), or the South Asian Law Students In creating these scholarships, the cally underrepresented in the legal profes- Association (SALSA), have proven their ded- Carroll and Milton Petrie Foundation has sion, or who were the first in their families ication to the public service, and plan to pur- opened doors for students whose stories are to obtain an advanced degree. It is wonder- sue careers in public interest law. For more highly dramatic, but all too real, who seek ful that the Carroll and Milton Petrie information about the Scholarship or to make out NYU as the place where they can tri- Foundation understood our institutional a contribution, call the NYU Law Office of umph and succeed despite the obstacles that culture so well, and made a gift that so per- Alumni Relations at (212) 998-6410. life has placed before them. fectly comports with that culture.” Bernard Petrie, Milton Petrie’s son and a NYU President-Designate John Sexton In the field of law, particularly, where Law School Trustee, recognized that stu- added, “NYU is about triumph over adver- decisions affecting individual lives are often dents arrive at NYU from a vast array of sity. From the beginning of NYU’s history, made within the context of the greater soci- backgrounds, and that many have to over- this was a university made up of immi- ety, it is especially important to support stu- come great adversity to be at NYU, grants, minorities, the economically disad- dents whose backgrounds and experiences whether social, economic, political, or phys- vantaged, and others for whom higher help them to be cognizant of that context. ical. The Petrie Scholarships were created education had been only a distant dream. The work of the Petrie Scholars will have with these students in mind. The idea for This university has been the doorway for immeasurable impact over time. Because of the scholarships was inspired by the exam- thousands of people who transformed their the Foundation’s support, they will go out ple of Bernard’s father, Milton, who was lives here. Now the Petrie Foundation has into the world well equipped to enter the known throughout his lifetime for helping ensured that many more students will have communities where they will live and work. ■ those who he encountered or read that chance.”

applied to law school. Upon graduating in Filomen D’Agostino Foundation 1920, Greenberg discovered that firms were not terribly eager to hire a woman Creates Scholarships at NYU Law lawyer. Undaunted, she practiced law on her own. During World War II, she began investing in the stock market and, in time, The Filomen D’Agostino Foundation Filomen D’Agostino Greenberg (’20), and her investments grew into a fortune. has established the Filomen D’Agostino is administered according to her wishes by Greenberg chose to give back to the Scholarship Fund at NYU Law with a alumnus David Malkin (’67) and her school that she felt had enabled her to do gift of $3.5 million. The scholarship fund nephew Max D’Agostino. so much: NYU Law. By 1990, her gifts will support three students per year, who By the time of her passing in February totaled more than $6 million, which made her will be known as Filomen D’Agostino 2000 at the age of 101, Greenberg had the Law School’s largest benefactor of the Scholars. The scholarships will be awarded helped transform the school she remem- time. Her help financed the building of to students who demonstrate a strong bered as five small rooms on Washington D’Agostino Residence Hall and Greenberg commitment to the area of women’s and Square into an academic powerhouse through Lounge, and enabled the establishment of children’s rights. her generous philanthropy. the Greenberg Faculty Research Fund and The Foundation is the legacy of one of Greenberg defied the conventions of her the Max Greenberg Professorship of Contract the Law School’s greatest benefactors, generation when, at the age of 17, she Law, named for her husband. ■ ALUMNI NEWS 157

1984, he and his brother Moshael formed Dan Straus (’81), Law School The Multicare Companies Inc. to manage four nursing home facilities that their Trustee, Names Professorship father, NYU Law alumnus Joseph Straus (’37, LL.M. ’43), left to their mother after in Honor of His Father he passed away in 1978. Dan expanded the company, took it public in 1993, and sold the company in 1997. At the time of the With a gift totaling $1.5 million, Law at the Law School in perpetuity. As a sale, Multicare operated over 170 long- School Trustee Dan Straus (’81) has created trustee, Dan understands that chaired pro- term and assisted care facilities with the Joseph Straus Professorship at NYU fessorships are critical to the Law School’s approximately 17,500 beds in 11 states. In Law in memory of his beloved father. Dean ability to draw outstanding faculty. I can 1998, he formed the Straus Family Group Richard Revesz said, “I am delighted that think of no better way for a son to remem- to manage his family’s holdings, and in Dan has chosen to memorialize his father in ber his father at the school that served them 2001, with the valuations of long-term care such a meaningful way. A chaired profes- both so well.” companies down, he re-entered the market, sorship is the most important gift that can After graduating from NYU Law in purchasing 78 long-term care facilities. be given to an academic institution. It is a 1981, Dan Straus spent a few years work- Dan Straus was inducted onto the Law most worthy legacy and a wonderful way ing as an associate at the law firm of Paul, School Board of Trustees in 1998. ■ for the Straus family name to be carried on Weiss, Rifkind, Wharton & Garrison. In

seeing her around Vanderbilt Hall, but are The Changing Face of the also justifiably proud of her well-deserved promotion. Working in tandem with NYU Development Office at NYU Law President-Designate John Sexton, LaMorte will no doubt prove to be as valuable an asset to the entire University as she was to the The new year brought a bittersweet undertook a new challenge in her ever Law School. Thankfully, she will never be too change to NYU Law’s Office of Development onward and upward career. On January 1, far from “home.” and Alumni Relations. After 12 years of loyal LaMorte became the Senior Vice President To recognize her unwavering leadership service and commitment to the Law School for External Relations at New York and innumerable contributions to the devel- community, Associate Dean Debra LaMorte University. LaMorte’s many friends will miss opment and alumni relations initiatives at the Law School, LaMorte was honored at a sur- prise luncheon hosted by Law Trustee Bonnie Feldman Reiss (’69). Sexton, LaMorte’s men- Looking for CLASS NOTES? tor and development partner over the past dozen years, thanked her for the leadership, grace, and friendship she has given to the Visit Class Notes ONLINE at Law School. www.law.nyu.edu/alumni/classnotes to keep up with Jeannie Forrest, NYU Law’s Director of Alumni Relations, has accepted the position your classmates professionally and personally! of Assistant Dean of Development and Alumni Relations. Forrest has been a part of We will post your job changes, promotions, marriages, our community for the last eight years and is births, publications…any and all achievements or already family. She brings to her new post a milestones you would like to share with our alumni powerful résumé, a dedication to the Law community. School’s mission, an in-depth knowledge of the School’s history and culture, as well as a warmth felt by all of her professional col- Email your news to [email protected] or write to leagues. Before heading up the Alumni Class Notes Editor, NYU School of Law, 161 Avenue of Relations team, Forrest was the Program the Americas, 5th Floor, New York, NY 10013. Director for the Institute of Judicial Administration (IJA) and is highly re- garded by the hundreds of judges with whom she worked. ■ 158 AUTUMN 2002 The M. Carr Ferguson Continuing Legal Education Fellowship in Graduate Tax

Students in graduate programs may Upon hearing the news that M. Carr in the late 1950s and returned to head the receive CLE credit for the successful comple- Ferguson (LL.M. ’60) would retire from teach- Division as Assistant Attorney General from tion of LL.M. courses at the Law School. Upon ing in NYU Law’s Graduate Tax Program, 1977 to 1981. In between and afterwards, completion of a course at NYU Law, a student alumnus Francis J. Blanchfield, Jr. (’70, LL.M. he devoted himself to teaching tax law. may obtain certification by making a written ’74) began spearheading a fundraising initia- To date, more than $100,000 has been request to: tive in Ferguson’s honor to endow the M. Carr raised toward the $1.2 million goal. Raising Ferguson Fellowship in Graduate Tax. The $1.2 million will provide a scholarship suffi- Office of Records and Registration fellowship will be used to recruit and support cient to provide an outstanding student with NYU School of Law a bright and worthy student in the Graduate tuition as well as room and board. Blanchfield 40 Washington Square South, Rm. 211 Tax Program who wishes to pursue a career in has recruited fellow Mayer Brown Rowe & New York, NY 10012 either government or teaching. Maw partner Thomas R. Hood (LL.M. ’74) to phone: (212) 998-6040 This is a wonderful way to salute Ferguson, fundraise alongside him. fax: (212) 995-4523 who credits the success of his career to his If you would like to make a gift with experience in the Graduate Tax Program, appreciated securities or a credit card, call The request should include the student’s which he was able to attend only because of Meredith H. Celentano, NYU Law Office name, social security number, the title of a fellowship at NYU Law. Ferguson spent of Development and Alumni Relations, at the course for which CLE credit is requested, four years of his career as a trial attorney (212) 998-6389. ■ the semester in which the course was taken, at the Justice Department’s Tax Division and the student’s current mailing address. The Center for Finance, Law, and Taxation at NYU’s School of Continuing and Professional Studies has a significant number of offer- ings for CLE credit. For more information on David Deutsch (’25) Donates Painting to the Center’s offerings or information on the Law Alumni Association Board Institute on Federal Taxation and other tax conferences that are also coordinated by the NYU School of Continuing and Professional Studies, please call (212) 790-1321 or visit www.scps.nyu.edu/cle.

General NYS CLE Information

Information on the New York State CLE Program including the CLE Rules (Part 1500), the regulations and guidelines of the CLE Board, and a list of CLE Board Accredited Providers may be obtained through the New York State Unified Court System’s Web site: www.courts.state.ny.us/mcle.htm.

You may also contact the CLE Board directly: David Deutsch (’25) donated a second painting in honor of Geraldine T. Eiber (’40) to the LAA Board. Pictured here (212) 428-2105 with two of his paintings are Bernard Eiber; Steven S. Miller (’70); David Deutsch; the Honorable Geraldine T. (877) NYS-4CLE (for calls outside New York) Eiber; and Jeannie Forrest, Assistant Dean of Development and Alumni Relations. Both paintings grace the walls [email protected] of the Law School’s Vanderbilt Hall. ALUMNI NEWS 159

alumni focusing in the area of Corporate Tax Highlights From the Graduate were treated to presentations made by Professor James M. Eustice (LL.M. ’58) and Tax Program Alumni National Board of Advisors member Gregory S. Schmolka (’98). Those interested in Executive Compensation spent their time During the 2001-2002 academic year, In May, the annual reception held in con- with Associate Dean Brookes D. Billman, Jr. the Graduate Tax Program visited with alumni nection with the ABA Tax Section Meeting (LL.M. ’75) and NYU Law Adjunct Professor in Georgia, California, and Washington, also drew an enormous crowd. Paul M. Ritter (LL.M. ’80). Toward the end D.C. In Atlanta, Allen D. Altman (LL.M. As a result of the continued outreach to of the day, participants decided between Tax ’68), Ronald W. Eisenman (LL.M. ’82), and NYU Law Graduate Tax Program alumni, Procedure with Adjunct Professor Robert S. Gary E. Snyder (LL.M. ’73), partners at Professor Paul R. McDaniel, Director of the Fink (’68, LL.M. ’73) and Estate Planning Greenberg Traurig, hosted an intimate Graduate Tax Program, reported that during with Adjunct Professor T. Randolph Harris breakfast event at their firm and invited local the fiscal year 2000-2001 annual contribu- (’77, LL.M. ’83). Alumni thoroughly enjoyed resident Frank L. Fernandez (LL.M. ’84), tions to the Gerald L. Wallace Fund for their return to the classroom to learn from Executive Vice President of The Home scholarship aid to students in the Graduate some of the country’s best tax academics and Depot, to speak. Fernandez told alumni how Tax Program exceeded $200,000 for the first practitioners. In addition, each participant invaluable his LL.M. in Tax from NYU Law time. In addition, more than $2.5 million received six CLE credits for the one-day has been for him. He said he believed that, toward the $5 million fundraising campaign event. Holding true to tradition, proceeds without it, many of the doors to his success has been raised for the Graduate Tax from the Workshop were donated to the might not have opened for him. Program. McDaniel, who concludes his final Gerald L. Wallace Fund. In Los Angeles, Charles P. Rettig (LL.M. year at NYU Law in June 2002, said, “This Information on the fourth annual ’82), partner at Hochman, Salkin, Rettig, strong support from our alumni has been Graduate Tax Workshop will be available To scher & Perez, hosted a luncheon and one of the most gratifying aspects of the in late Fall 2002. ■ invited renowned tax specialist Terence F. Director’s job over the past four years.” Cuff (LL.M. ’79), partner at Loeb & Loeb, to speak with the tax alumni. Cuff engaged the THE GRADUATE TAX WORKSHOP audience with a talk about the importance of The Graduate Tax Program welcomed Sexton Honored at the being good people, good tax lawyers, and more than 90 alumni back to Vanderbilt Law Alumni Association’s good to the law profession in general. Hall for the third annual Graduate Tax The Graduate Tax Program also held its Workshop in its current format. Alumni State Bar Luncheon two annual events in Washington, D.C. The participated in sessions about current devel- first was held in September at the Red Sage opments in tax ethics with National Board The Law Alumni Association (LAA) got its chance restaurant in conjunction with NYU Law’s of Advisors member Gersham Goldstein to say goodbye to NYU President-Designate John interview day at the U.S. Tax Court. Tax (LL.M.’64) and partnership tax with Professor Sexton during the Annual Alumni Luncheon in alumni attended in record-breaking numbers Noël B. Cunningham (LL.M.’75). Attendees January at the Roosevelt Hotel, which was held in an apparent effort to reconnect with their also had the opportunity to choose among in conjunction with the New York State Bar School and their colleagues after the events courses that were set to take place during Association’s annual meeting. At the event, the of September 11. two breakout sessions. In the morning, LAA Board President, Steven S. Miller (’70), presented Sexton with a gift in honor of the enor- mous impact he made on the Law School during NYU LAW ONLINE ALUMNI DIRECTORY his 14 years as Dean. Sexton accepted the gift to a standing ovation with tears in his eyes. Log-on Today at www.law.nyu.edu/alumni/directory Update your address online! Use our Web site to network, stay in touch, and keep up with your NYU Law classmates through career moves, life changes, and relocations!

Information is available only to NYU Law Alumni with a valid username and password. If you do not have your log-in information, simply send an email to: [email protected]. LAA President Steven S. Miller (’70) with NYU President-Designate John Sexton 160 AUTUMN 2002200 On the Road With NYU President-Designate Sexton

NYU President-Designate John Sexton Atlanta, but Sexton was unable to attend. among the topics Sexton addressed. A video- once again took to the road this past year to Besides being a chance to update alumni on taped presentation on the construction and meet with alumni and newly admitted stu- the state of the Law School, Sexton’s trips use of the new building provided alums with dents around the country. His stops included offered him the opportunity to bid farewell to a comprehensive understanding of the direc- Boston, where he was joined by Dean- friends and colleagues. The new building, tion in which NYU Law is moving. On a Designate Richard Revesz; Chicago; Los recent faculty appointments, the popularity of more solemn note, Sexton also discussed the Angeles; Palo Alto; San Francisco; and the Hauser Global Law School Program, and effects of September 11 on the School. ■ Washington, D.C. Alumni also gathered in his move to the helm of the University were

Boston (l-r): Judge John Greaney (’63), James Brown, III (’95), Diana Lloyd (’89), C. Hall Swaim (’64), and Thomas Brome (’67)

San Francisco (l-r): Alan Zimmerman (’67), Toni Rembe (LL.M. ’61), Robert Nelson (’87), Moira Russoniello, and Joseph Russoniello (’66)

Chicago (l-r): Stephen Geifman (LL.M. ’71), Wayne Hannah (’57), Mitchell Hollins (’71), Terry Rose Saunders (’73), and Harry Roper (’66) ALUMNI NEWS 161

Palo Alto Alumni and friends gather at the Garden Court Hotel

Atlanta Alumni and friends gather for a reception at the Capital City Country Club

Los Angeles (l-r): John Power (’61), James Gorton (’86), Marc Marmaro (’72), Kenneth Lemberger (’72), Ronald Lightstone (’62), Ira Bilson (’55), Ronald Jacobi (’71), and Judge Stephen Reinhardt

Washington, D.C. (l-r): Paul Schmidt (’98), Mindy Farber (’77), Judge Juan Vasquez (LL.M. ’78), Beatrice Welters, Anthony Welters (’77), James Burger (’71), Paul Berger (’57), Alan Roth (’79), Howard Braun (’62), and Charles Butler (’98) 162 AUTUMN 2002

New York University School Important Notice: 4th International of Law Scholarships Alumni Conference in Berlin Cancelled

Fritz W. Alexander II Scholarship Elmer D. Coulter Scholarship The Alumni Conference scheduled for November 2002 in Berlin has An-Bryce Scholarship John J. Creedon Scholarship been cancelled. The international event will be rescheduled for sometime Arthur Andersen Tax Alumni Scholarship Crowe & Dunleavy Graduate Tax Anniversary Classes Scholarship Scholarship in the future. Watch your mail for further details. Arnold and Porter Scholarship Joseph R. Damico Scholarship Dean Clarence D. Ashley Scholarship Thomas S. Daponte Scholarship Harry A. Gair Scholarship Lenore & Emil Leepson Scholarship Asian Law Fellowship Irwin & Marian Davidson Scholarship Harriet E. Gair Scholarship Edward J. Leon Scholarship Lester R. Bachner Scholarship Richard R. Davidson Memorial Galgay Fellowship Joshua Levine Scholarship Harold Baer Memorial Scholarship Scholarship Morris M. Geifman Memorial M. Carl & M. Levine Scholarship Baker & McKenzie Scholarship R.A. Davison Scholarship Scholarship Edwin & Gertrude Lieb Scholarship Roger Baldwin Fellowship S. Samuel Di Falco Scholarship Gershwind Family Scholarship Elias Lieberman Fellowship Janet M. Beckman Scholarship Herman Diamond Scholarship Glass Criminal Justice Fellowship Lindemann Family Public Service Alexander Berl Scholarship Charles Digangi Scholarship Herbert Z. Gold Scholarship Scholarship Jacob I. Berman Scholarship Edward H. Dixon Scholarship Golden Circle Loan Repayment Deborah Rachel Linfield Fellowship Alexander & Henrietta Bicks Scholarship Martin & Eva Domke Graduate Assistance Award Martin Lipton Scholarship Mortimer Bishop Scholarship Student Aid Irving Goldstein Scholarship George T. Lowy Scholarship Samuel Bitterman Scholarship Norman Dorsen Fellowship Golieb Memorial Fellowship Alan M. MacCracken Memorial BLAPA Scholarship Ronald Dreier Scholarship Rebecca Anne Gourwitz Scholarship Scholarship Francis J. Bloustein Scholarship Arnold & Joan Elkind Global Law John Grad Memorial Scholarship Mary V. Magilligan Scholarship Oscar & Jeanne Bloustein Scholarship Scholarship Ronald & Marilynn Grossman Greer Marechal, Jr. Memorial Mamdouha Bobst Global Scholarship Harry L. Ettinger Scholarship Scholarship Scholarship Louis B. Boudin & Vera Boudin Cohn Barry Evans Scholarship Louis Gruss Scholarship Markowitz Scholarship Fellowship Donald J. Fariello Scholarship Clifford Hagaman Scholarship Jacob Marley Foundation Scholarship Murray Bring & Kay Delaney Bring Alvin J. Feldman Memorial Fellowship Hale and Dorr Root-Tilden-Kern Robert Marshall Fellowship Scholarship Murray & Sylvia Fields Scholarship Scholarship Thurgood Marshall Scholarship Bristol-Myers Fellowship Jacob Fishback Memorial Scholarship Hauser Scholars Program D. Lurton Massee, Jr. Scholarship Edward Brodsky Scholarship James A. Fogelson Memorial Scholarship William Randolph Hearst Foundation Manuel Maxwell Scholarship Donald L. Brown Memorial Scholarship Ford Foundation Scholarship Scholarship Ruby P. Mayer Scholarship Benjamin F. Butler Scholarship William Fox, Sr. Scholarship Walter Herzfeld Memorial Scholarship Nancy Miller Scholarship G. William Calascione Scholarship Judge Harry B. Frank Scholarship Samuel A. Herzog Scholarship John & Tina Mizio Scholarship Daniel D. Cantor Scholarship Morris Henry Frank Memorial Scholarship Herbert & Rose Hirschhorn Scholarship Frances Moelis Fellowship in Real Carter Scholarship Ned David Frank Scholarship Joseph J. Holzka Memorial Scholarship Estate Law Class of 1921 Scholarship Doris C. & Alan J. Freedman Scholarship George & Stella Hyman Scholarship Constance L. Montgomery Scholarship Class of 1952 Scholarship Sylvan D. Freeman Memorial Fellowship Susan Isaacs & Elkan Abramowitz Edmund L. Mooney Scholarship Denise Cohen Memorial Scholarship Justice Lewis R. Friedman Public Scholarship Cornelius C. Moore Scholarship Cooper & Dunham Research Fellowship Interest Fellowship Jacobson Family Scholarship Stacey L. Morrison Memorial Scholarship in Innovation Law Jay & Gail Furman Real Estate Fellowship Milton Jentes Scholarship Maximillian Moss Memorial Scholarship Clair V. Johnson Scholarship Elsa Paine Mulhern Scholarship David Kane Fellowship Justice Allen Murray Myers and Dr. Leo Margaret Fuller Karlin Scholarship A. Shifrin Memorial Scholarship Mark Brisman Graduation Prize Paul D. Kaufman Scholarship Elihu A. Novick and Elsie A. Novick Gail Kelner Scholarship Scholarship In the World Trade Center attacks on September 11, 2001, the NYU T.D. Kenneson Foundation Scholarship Carl Olsan Scholarship Law community lost a very special alumnus: Mark Brisman (’92). While Richard G. Ketchum Scholarship Dwight Opperman Scholarship Harold Orenstein Memorial Scholarship at NYU, Brisman was an active participant in Moot Court, winning the Myron Kleban Scholarship Charles D. Klein Scholarship Hanora and Sidney Ostro Scholarship Moot Court Prize in his third year. In honor of his love for the Law School, Leon G. Kozak Scholarship in Tax Norman Ostrow Memorial Scholarship and in memory of his life, Brisman’s classmates have established a David Kugel Scholarship Norma Z. Paige Scholarship graduation prize in his name. The Mark Brisman Graduation Prize will be W.C. & W.H. Langley Scholarship Clarence Y. Palitz Scholarship awarded each year to a graduating student who has shown excellence in Judge David Laro Scholarship Palmer Weber Fellowship and commitment to Moot Court. This award is a touching reminder of Morris E. Lasker Loan Repayment Panken Scholarship Brisman’s contributions to the Law School and a wonderful memorial to Assistance Award Donald Pels Scholarship his life. Pauline & Bernard Lasker Scholarship Pfeiffer-Gans Scholarship Lawrence Lederman/Milbank Tweed Philip Morris Global Scholars Program For more on the life of Mark Brisman, see page 95. To learn more about Hadley & McCloy Fellowship in Pickholz Family Scholarship The Mark Brisman Graduation Prize, contact Rachael Lerner at Corporate Law Harriet Pilpel-Planned Parenthood (212) 992-8801; or [email protected]. Godfrey M. Lebhar Foundation Fellowship Scholarship John Norton Pomeroy Scholarship ALUMNI NEWS 163

Post & Harris Scholarship Jeffrey A. Rosen Family Scholarship Edward Rudman Scholarship Solon E. Summerfield Scholarship William W. Prager Memorial Scholarship Ely Rosenberg Scholarship Caryl A. Russell Scholarship Robert M. & Carol C. Tanenbaum Reed Foundation Fellowship Alan W. Rosenbluth Scholarship Henry A. Samton Scholarship Scholarship Bonnie & Richard Reiss Scholarship Julius S. Ross - S. Michelman Terry Rose Saunders Scholarship Tax Law Review Scholarship Charles H. Revson Fellowship Scholarship Anthony P. Savarese Scholarship Tepper Family Scholarship E.C.K. Rippe Loan Repayment Helena Rubinstein - Howard Weill Henry G. Schackno Memorial David Tishman Scholarship Assistance Award Scholarship Scholarship Leslie J. Tompkins Scholarship John C. Robinson Memorial Scholarship Harry J. Rudick Memorial Scholarship Gerald Schoenfeld Scholarship Louis A. Valente Scholarship Root-Tilden-Kern Scholarship Jack & Susan Rudin Scholarship Nathan & Jean Schwartz Scholarship Harry Voigt Scholarship Flora & Richard Secular Scholarship Gerald L. Wallace Scholarship Max S. & Rose Seidler Scholarship Rubin P. Weber Fellowship Philip E. Semel Fellowship Harold Weill Scholarship John Perry Graduation Prize J. Irwin Shapiro Scholarship Alex E. Weinberg Fellowship Sinsheimer Public Service Scholarship Leonard Weintraub Merit Scholarship Abraham D. & Jennie A. Slavitt Melvyn & Barbara Weiss Loan On September 11, 2001, NYU Law lost a special member of its com- Scholarship Repayment Assistance Award munity: John Perry (’89). John was a member of the New York City Police Alfred Sobol Scholarship Nina W. Werblow Tax Fellowship Department and on that day was planning to officially retire. He rushed Louis H. Solomon Scholarship Edwin Williamson Scholarship to assist in the rescue efforts at the World Trade Center and perished in Dean Frank Henry Sommer Scholarship Morton E. Yohalem Memorial the fight. Perry was a civil activist in all areas of his life. His retirement Soros Criminal Justice Fellowship Scholarship from the police department meant the opportunity to pursue a dream of Soros Fellowship Program Charles Zarkin Scholarship assisting plaintiffs in medical malpractice cases, tapping into the knowl- C.V. Starr Scholarship Samuel & Jewel Zelensky Scholarship Lawrence B. Starr Scholarship George B. Zolotar Scholarship edge and experience of his father, a doctor. The Law School has estab- Starr Foundation Global Law School Harry M. Zuckert Scholarship lished The John Perry Graduation Prize, which will be awarded each year Scholarship to a graduating student who exemplifies and has shown commitment to Ernest E. Stempel Scholarship as of June 24, 2002 all that Perry stood for. For more information about The John Perry William & Mary Sterling Scholarship Graduation Prize, please contact Meredith Celentano at (212) 998-6389; Nathan D. Stern Scholarship or [email protected]. Thomas B. Stoddard Fellowship For more on the life of John Perry, see page 96. Joseph Straus Scholarship Sumitomo Corporation Fellowship

A. Thomas Levin President-Elect of New York State Bar Association

A. Thomas Levin (’67, LL.M. ’68), a Levin is also a member of the state bar’s shareholder and director of the Mineola, Municipal and Environmental law sections, New York law firm of Meyer, Suozzi, English committees on Legislative Policy, NY & Klein, P.C. will become president of the Law/NET Project, Unlawful Practice of 70,000-member New York State Bar Law, and Judicial Selection—appellate Association (NYSBA) in June 2003. panel. He also serves on the Electronic Active in the NYSBA, Levin has served Communications Task Force, Special on its Executive Committee since 1995, Committee on the Law Governing Firm first as a member-at-large, then as 10th Structure and Operation (MDP), Special Judicial District vice president (Suffolk and Committee on Legislative Advocacy, and Nassau counties), and since 2001 as secretary the Young Lawyer Mentor Program. of the Association. He has been a member He is a past chair of the New York State of the House of Delegates for more than 13 Conference of Bar Leaders. A. Thomas Levin (’67, LL.M. ’68), President-Elect of the years. He currently chairs the Association’s Levin is also a past president of the New York State Bar Association By-Laws Committee and the Task Force to Nassau County Bar Association and its Study “Pay to Play” Concerns (the practice Fund, and a life member of the county bar’s of contributing to political campaigns in board of directors. chair the House and co-chair the President’s return for future work from a public Officially elected by the NYSBA Committee on Access to Justice (civil legal entity). He is a life fellow of The New York House of Delegates, the state bar’s services for the poor) during his year-long Bar Foundation. policmaking body, last January, Levin will term as president-elect. ■ 164 AUTUMN 2002

The night concluded on a wholly appro- An Extra-Special Weinfeld Gala priate note: Dean-Designate Revesz made a public display of his personal commitment For the 13th consecutive year, NYU as President of New York University. This to increasing the number of Weinfeld mem- Law gathered its most prestigious group of special, select group of our community also bers by presenting John Sexton with a per- alumni and friends, the Weinfeld Associates warmly welcomed our 14th Dean, Richard sonal check. Not surprisingly, the newest and Fellows, to thank them for their con- Revesz, to the post. member of the Weinfeld Program received tinued generosity and commitment to To mark this special occasion, the a famous Sextonian hug. the School. Gala was held at the recently restored The Weinfeld members, consisting of While each Weinfeld Gala has been Cipriani Ballroom in midtown Manhattan. alumni, parents, and friends, commit to special, this year’s gathering was particu- With soaring ceilings and candlelight, the making annual gifts of at least $5,000 in larly unique and memorable as our closest Ballroom provided a suitably majestic support of the School’s Annual Fund. friends and faculty bid adieu to Dean John background to celebrate the generosity of (Recent graduates are invited to join at the Sexton and wished him well in his new role our Weinfelds. $1,000 level.) ■

Alumni, friends, and faculty enjoying one another’s Dean-Designate Richard Revesz with a gathering of Herbert Hirschhorn (’32, J.S.D. ’34) thanks Dean John Sexton company at the Weinfeld Gala alumni and friends at the Weinfeld Gala for his years of friendship and commitment to NYU Law

(l-r): Ruby (’73) and O. Peter Sherwood (’71) with Janet Dewart Bell and Professor Derrick Bell (l-r): Gail and Alfred Engelberg (’65) with Beatrice and Anthony Welters (’77) THE WEINFELD PROGRAM 165

The Weinfeld Program “Judge Weinfeld’s devotion to NYU and its great Law School is boundless. He recognizes fully, as all of us should, what is owed to the institutions of learning that first broadened our intellectual horizons and then led us down the path of law.” –Judge Henry J. Friendly (1987)

Weinfeld Associates 1951 1958 1962 Jerome I. Feldman Gerald Aksen Lester S. Bardack and Fellows Martin R. Lewis Professor James S. Eustice (LL.M. ’58) Howard J. Braun Irving Kagan Nicholas L. Coch 1932 1952 Edwin A. Kilburn Stephen A. Cohen Herbert Herman Hirschhorn (J.S.D. ’34) Jerome A. Manning Arthur J. Mahon George Gottlieb (LL.M. ’64) Norman Sinrich (LL.M. ’53) Harlan W. Murray Ronald Grossman (LL.M. ’65) 1936 Honorable Pauline Newman Stephen L. Hammerman Herbert S. Podell Manuel S. Klausner (LL.M. ’63) Anthony J. Caputo 1953 Harry L. DuBrin Jr. Marvin B. Tepper Ronald Lightstone Carl D. Lobell 1937 Magistrate David F. Jordan (LL.M. ’70) 1959 William Denis Maroney (LL.M. ’67) J. Wilson Newman Herbert Kronish Stanley C. Lesser Murray H. Bring Peter J. O’Shea, Jr. Alan Jay Fuirst Charles A. Stillman 1938 Richard Lieb Donald A. Pels Dr. Rita E. Hauser Vernon E. Vig (LL.M. ’63) Jack Newton Lerner Domenic J. Mizio Richard C. Warmer William C. Sterling, Jr. 1939 1954 Benjamin F. Crane Robert M. Tanenbaum (LL.M. ’61) 1963 Adelaide Forst Fogel Honorable Leon B. Polsky Melvyn I. Weiss Gary A. Beller (LL.M. ’72) Marcus Eugene Powers (LL.M. ’58) James Ronald Wolfe Leonard Boxer 1940 Leonard M. Rosen Mark A. Buckstein Herbert Z. Gold Herbert Maurice Wachtell 1960 Anthony C. Gooch (LL.M. ’64) Stanley S. Weithorn (LL.M. ’56) Jack Becker Stephen F. Huff 1942 M. Carr Ferguson (LL.M. ’60) Martin Jacobs Harold D. Berkowitz 1955 Eugene J. T. Flanagan (LL.M. ’60) Charles D. Klein Herbert Rubin John A. Martinen Ira Edwin Bilson Dirk S. Gould (LL.M. ’64) Rose Luttan Rubin Eric D. Martins John J. Creedon (LL.M. ’62) Harry G. Hohn, Jr. (LL.M. ’60) Edward I. Rudman (LL.M. ’63) Bella L. Linden Jerome H. Kern Gerald Sobel 1945 Martin Lipton Walter G. McNeill Roger W. Thomas (LL.M. ’64) Leonard M. Weintraub George T. Lowy Thomas F. O’Toole (LL.M. ’67) John C. Nelson Lewis Stein 1946 Norman Redlich (LL.M. ’55) Stanley I. Westreich 1964 Norma Z. Paige David T. Washburn Elkan Abramowitz 1961 Helaine Meresman Barnett Stephen M. Brecher (LL.M. ’71) 1948 1956 Squire N. Bozorth Joseph E. Browdy Jules Brody (LL.M. ’67) Adolph Koeppel (LL.M. ’53) Walter C. Cliff (LL.M. ’56) Richard E. Burns John L. Eastman C. Peter Lambos Renate Alsberg Hunter Honorable Gene Carter Joseph L. Forstadt Theodore M. Rogers (LL.M. ’48) Herbert D. Kelleher Dr. Ernest E. Stempel Michael J. Crames Frank L. Gannon Joel S. Ehrenkranz (LL.M. ’64) John P. Hamill (LL.M. ’70) (LL.M. ’48, J.S.D. ’51) 1957 Robert G. Galli Lorance J. Hockert Paul S. Berger Theodore Gewertz Douglas S. Liebhafsky 1949 Herbert H. Chaice (LL.M. ’62) Jerome B. Kauff (LL.M. ’65) Jonathan A. Marshall Maxwell S. Pfeifer Wayne R. Hannah, Jr. Fred S. Lafer David Paget Murray H. Warschauer Gustave M. Hauser (LL.M. ’57) Edward J. McAniff Robert L. Podvey Joseph S. Lesser (LL.M. ’57) Roger M. Milgrim Michael I. Rackman 1950 Lester Pollack Martin D. Payson Herman M. Schneider (LL.M. ’64) Abner J. Golieb Kathleen H. Shea Arthur S. Penn Steven J. Stein Honorable Frank J. Guarini, Jr. Warren J. Sinsheimer (LL.M. ’57) John B. Power C. Hall Swaim Joseph A. Weinberger Sandor C. Schweiger Edwin D. Williamson Harvey I. Sladkus Victor Zonana (LL.M. ’66) Barry I. Slotnick William J. Williams, Jr. THE WEINFELD PROGRAM 167

Florence A. Davis 1984 1990 1994 Kenneth H. Eckstein David B. Harms Carole V. Aciman (M.C.J. ’90) Joshua R. Cammaker Michael A. Epstein Michael S. Katzke (LL.M. ’88) Laurie A. Allen (LL.M. ’92) Elgin R. Clemons Alan L. Fuchsberg Eric S. Koenig Paul Bernstein Sandra Coudert Marc H. Gamsin Timothy J. Mayopoulos Laura K. Brecher Professor David B. Cruz Amy Wolf Isseroff Amy Horowitz Schorr Raymond J. Fisher John F. Fullerton, III Gregory F. Jenner Lewis Robert Steinberg (LL.M. ’92) Patricia Hewitt Malvina Edwards Iannone Reuben S. Leibowitz (LL.M. ’79) David A. Tanner Robin F. Krause Ann-Kelley Kemper Joseph E. Ronan, Jr. (LL.M. ’83) Jerome Walker R. May Lee Steven E. Klig (LL.M. ’94) Alan J. Roth Cynthia B. Rubin David M. Levin Jill C. Scheuer 1985 William T. Russell, Jr. Leigh M. Meaders Philip R. Sellinger Andrew Allen Peterson (LL.M. ’85) Andrew D. Siegel Scott D. Musoff Bruce E. Yannett Matthew A. Smith Jeffrey Nagel 1980 Linda SooHoo Melissa Nathanson Kathryn Cassell Chenault 1986 Jacqueline G. Tepper Jason Pickholz Susan Upton Douglass James Carlton Gorton Jared M. Rusman Karen J. Freedman Dean L. Silverberg (LL.M. ’86) 1991 Jenifer A. Schweitzer Michael J. Horvitz (LL.M. ’80) Daniel Abrahamson Stuart P. Slotnick Robert A. Kindler 1987 Ethan A. Brecher Charles Sommer Ivana Starr Ronald LaBow (LL.M. ’80) Peter Thomas Barbur James S. DeGraw Ronald M. Starr Anna Hayes Levin Adam David Chinn Randall M. Fox David Wheeler (LL.M. ’94) David M. Nussbaum Mark P. Goodman John P. Hall, III Matthew S. Wild Laurie Ferber Podolsky Geoffrey Richard Kaiser Jorge Juantorena Tony L. Wolk Bruce J. Ressler (LL.M. ’80) Elizabeth Robin Manko Donna Hae Kyun Lee David A. Zonana Anita S. Rosenbloom (LL.M. ’87) Richard Gary Mason Raymond J. Lohier Mitchell Brent Rutter Robert Jay Nelson Steven R. Rutkovsky Paul T. Schnell James Harold Schwab Allison Rachel Schneirov 1995 David L. Sugerman Mark Wilf Carren B. Shulman Cass Gunther Adelman (LL.M. ’99) Dean S. Shulman (LL.M. ’93) Gabriela P. Baron 1981 1988 Jonathan L. Bing Andrea Bisconti (M.C.J. ’95) Laureen DeBuono Barbara Lynn Becker 1992 Emily Campbell Mitchell F. Dolin Mark L. Berman Michael David Boxer Jennifer E. Dalven Victor F. Ganzi (LL.M. ’81) Timothy Place Bradley Josh R. Bressler Mitchell A. Davidson Martin J. Gross (LL.M. ’81) Linda Friedner Cowen Andrew John Carboy John Fahsbender Phyllis Gartner Korff Kenneth Gordon Crowley Lloyd Blades Chinn Julian Ha Peter S. W. Levin Matthew Allen Feldman Leon B. Friedfeld Kevin J. Healy (LL.M. ’96) Charles A. Mele J. Chad Gallant Jonathan L. Kukin (LL.M. ’92) Matthew H. Kluger David E. Nachman Richard M. Hendler Gregory L. Maidman David Jonathan Kohl Lawrence G. D. Scarborough Steve Harris Kanzer Boaz S. Morag Eric R. Komitee Alan J. Sinsheimer David Andrew Katz Jonathan Remy Nash Daniel Mark Labovitz Daniel E. Straus Suresh Lal Sani Renee Marie Raithel Jennifer Madrid John C. Wilcox (LL.M. ’81) Penny Anne Shane Lida Rocio Rodriguez-Taseff Michael R. Marra Jeffery Alan Tomasevich Andrew John Segal Terance Cole McKay (LL.M. ’95) 1982 Margot Ann Wagner Gavin D. Solotar Cheryl Nelson Ronald L. Moelis Jeffrey Paul Wofford Patrick Robert Sullivan Steven E. Schwartz (LL.M. ’95) Lawrence M. Noe (LL.M. ’86) Steven C. Wrappe (LL.M. ’88) David J. Reilly 1993 Gary M. Swidler Brian L. Schorr Stacy Waldman Bass Jeffrey P. Travers 1989 Norman R. Williams Pamela S. Seymon Serge Benchetrit (M.C.J. ’89) Tom M. Fini William J. Yoo Emily A. Tabin Patrick A. Bradford Robert A. Fogelson Stewart E. Tabin Stefanie L. Cohen Francis Fryscak Steven Michael Cohen Meredith Fuchs 1996 Bernadette M. Barron (LL.M. ’96) 1983 Mark K. Friedman Patrick Gennardo Nicole Berlin Marra Daniel H. Aronson Sara Jane Gozo John G. Gleacher Andrew S. Billig Christopher E. Austin Johnnie A. James Bruce K. Gould (LL.M. ’93) B. Seth Bryant Wanyong Austin Marcy Udasin Kaiser David C. Ingles Flobelle Burden Davis Vicki L. Been James Evan Kaye David B. Kahn Samuel Chuang (LL.M. ’97) Lynn P. Harrison III Jeffrey Howard Koppele (LL.M. ’92) Sloan N. Lindemann Lisa E. Graham Steven L. Holley Mark Lawrence Lehmann Catherine Beth Lotrionte Alan M. Grumet Shelley Alexann Longmuir Robert W. Lehrburger Roxanne Malaspina Dahlia Kalter (LL.M. ’97) David Glenn Melman John M. McGovern Isaac Koyfman Ethan George Orlinsky Darilyn T. Olidge Natasha Labovitz Jules Polonetsky Randall K. Packer Toshihide Shichi (LL.M. ’93) Sonia Lee Kelly P. Wilson Matthew C. Levine 168 AUTUMN 2002

Margaret K. Liu Cheryl G. Fried Jennie Elizabeth Smith Joseph N. Miniace Guy M. Miller Ashley K. Goodale Tanya Southerland Dwight D. Opperman Sheri Rabiner-Gordon Daniel H. R. Laguardia Inge Rennert Tamara Rennert Jenny McAlister Nevins 2001 Ira Leon Rennert David K. Schulhof Allison Dana Penn Beverly A. Farrell Dean Richard Revesz Justin R. Segal Guy Perry Tiffany Marie McKinney Joanna Semel Rose Jeremy S. Sloan Joseph M. Salama Amy Weinfeld Schulman Paul D. Tropp Paul W. Schmidt Helen S. Scott Douglas S. Yablonski Gregory S. Schmolka Friends Barbara Sellinger Matthew R. Stein (LL.M. ’98) William Achenbaum President John E. Sexton 1997 Mara E. Trager Henry Alpert Honorable Kenneth W. Starr H. Bryan Binder Philip M. Berkowitz Honorable Harold R. Tyler, Jr. Stephanie G. Boyarsky 1999 Michael A. Curley Robert M. Weintraub James Earl Brown, III Christopher Chaice Michael Delikat Leander C. Gray C. N. Coby Cohen K. Scott Douglass Andrew D. Kogan Max Karpel Forty-Five Foundation Trust Anonymous Nina G. Kogan Dagan A. LaCorte Dr. Gail Furman Associates (2) Andrew H. Migdon Neil M. Leibowitz Barry H. Garfinkel Fellows (1) Michelle R. Migdon Lucy C. Newman (LL.M. ’99) Eric J. Gleacher as of July 31, 2001 Tracy L. Newman Todd Oretsky Susan Wallack Goldstein Timothy A. Rhodes Ranesh Ramanathan Steven B. Hantler If you are interested in learning about Robert Steinman Mayur Subbarao Jerry Hunter the Weinfeld Program or becoming Raj R. Vaswani Fosca Shackelton White Deborah Reynolds Juantorena a member, please contact: Meryl R. Kaynard Meredith H. Celentano 1998 2000 Jeffrey S. Klein New York University School of Law Michael L. Achenbaum Yonina Rennert Davidson Honorable John G. Koeltl Office of Development Charles J. Butler John O. Farley R. Randy Lee and Alumni Relations Sabrina Gabrielle Comizzoli Rafiq R. Kalam Id-Din, II Donna M. Malin (212) 998-6389 Steven Louis Dube Walter M. Norkin Elizabeth W. Millard [email protected]

In Memoriam

Conrad H. Sullivan (’26) Thomas McKay, Jr. (’44) David B. Lynch (’55) Stephen A. Perelson (’65) Abner W. Feinberg (’28) Aaron Soloveichik (’47) Leonard H. Minches (’55) Brenda Sheiner Najberg (’66) Sydney H. Kleinberg (’28) John F. Gleason (LL.M. ’48) Richard B. Amandes (LL.M. ’56) Elliott K. Wilk (’66) Philip E. Kopstein (’29) Edgar J. Doolittle, Jr. (’49) A. Richard Richstein (LL.M. ’56) J. Michael Kapp (LL.M. ’67) Sidney Edelman (’31) Russell J. Hauck (’49) Alan R. Corn (’57) Paul Floyd Rosenberg (LL.M. ’67) Daniel H. Kane (’31) Robert A. McClure (LL.M. ’49) Frank Jackson Holroyd, Jr. Wayne T. Westling (’68) Samuel S. Berger (’32) Vincent C. DeMaio (LL.M. ’51) (LL.M. ’57) Charles V. Wheeler (LL.M. ’73) Bess Reiser Dreyer (’32) Irving P. Dinerman (’51) Alan H. Kaplan (LL.M. ’57) Howard J. Peyser (’74, LL.M. ’80) George Angstreich (’33) Lawrence W. Kennelly (LL.M. ’51) David C. G. Kerr (’57) Alfred L. Smith, Jr.(LL.M. ’74) Milton Oshrin (’33) Marvin Buchner (’52) V. Bruce LaSala (’57) David M. Wilson (’74) Edward A. Kimmel (’34) Donald Kepner (J.S.D. ’52) James J. Moran (LL.M. ’57) Joseph R. Rivest (LL.M. ’75) William Y. Pryor (’34) Edward S. Rimer (’52) William J. Robert (LL.M. ’57) Donald C. Rowe (’75) Joseph Karow (’35, LL.M. ’48 ) Herbert J. Roth (’52) Gerald D. Stern (’57) Sol G. Summer (LL.M. ’76) Abraham M. Poretz (’35) David Weinman (’52) Martin B. Danziger (’58) Charles K. Williams (LL.M. ’76) Marion K. Singer (’36) LeVone A. Yardum (’52) Frank R. D’Elia (’59) Alan C. Becker (’77) George D. Burchell (’37) Robert W. Bird (’53) Hildegard Karma Estevez de Carol Keyes Demitz (’77) Hans J. Frank (’37) John Comninel (’53) Castrillo (M.C.J. ’59) Floyd J. Palmer (LL.M. ’78) Albert R. Telias (’37) William L. Dwyer (’53) Roger M. Quinnan (LL.M. ’59) Richard Hand Kessler (LL.M. ’80) Samuel Zelensky (’37) Stanley C. Lesser (’53) Morris R. Zucker (’60) Christopher Quackenbush (’82) George W. Hoefler (’38) William J. Moore (’53) Robert J. Farrell (’61, LL.M. ’67) Fernando Antonio N. Lima (M.C.J. ’84) Ira M. Kaye (’38, LL.M. ’41) David H. Vernon Thomas E. Fenton, Jr. (’61) Jennifer H. Small (’85) Grace Tainsh Fisher (’39) (LL.M. ’53, J.S.D. ’60) Maurice L. Oberstein (’61) Herbert J. Brauer, Jr. (’89) Lester Herfield (’39) Daniel G. Collins (’54) Steven Auderieth (LL.M. ’62) John William Perry (’90) Anthony C. Ward (’39, LL.M. ’40) Nazareth Magarian (’54) Lionel H. Frankel (LL.M. ’62) Mark Adam Brisman (’92) Richard V. Bandler (’40) Robert Margolis (LL.M. ’54) William Forbes Ramsey Daniel Raymond Brandhorst George E. Schneider (’40) Theodore M. Ruzow (LL.M. ’54) (LL.M. ’62) (LL.M. ’93) Arthur Gordon (’41) Warren L. Tomlinson (’54) Robert Elihu Sigal (LL.M. ’62) Deborah S. Creane (’93) Charles E. Robinson (’43) Gerald Weinberg (’54) Joan L. Ellenbogen (’65) Carl Wayne Thomas (’93) Emanuel Berlin (’44) Thomas M. Curtin (’55, LL.M. ’58) Robert L. Froemke (’65) Henry Y. Ko (’98) Editor Jane Wiater

Creative Director David Niedenthal

Graphic Design Eric Felisbret Kim Sajan Susan Thompson

Editorial Assistant Nathan Coates

Contributors Samak Lohrasebi Azar (’02) Parker Baxter (’04) Joel Beauvais (’02) Aarthi Belani (’04) Brian Bennett (’03) S. Xochitl Bervera (’02) Seth G. Blaylock (’04) Sarah Bronson Jared Cohen (’04) Catherine Cugell (’04) Michelle Fei (’03) Kirsty Gover Oded Har-Even (LL.M. ’02) Erin G. Holt (’03) Sara J. Hurley Cindy Hwang (’02) Zach Intrater (’03) John M. Kleeberg (’03) Jake Kreilkamp (’03) Galya Levy (LL.M. ’02) Brandon Lofton (’04) Megan Mahle (’02) Lorraine Martindale Marko Micanovic (LL.M. ’02) Kevin Moriarty (’04) Jessica O’Brien Kelli Rae Patton Rajesh Pillai (LL.M. ’02) Stephanie Platzman (’02) Melissa Richman (’03) Janet Rickershauser (’03) Ajay Salhotra (’04) Emily Schleicher Dan Segal (’02) David Sindres Indira Smith (’03) Aimee Solway (’03) William Wagener (’03) Isaac Wheeler (’03)

Photographers Susan Cook Enrique Cubillo Phil Gallo Bob Handelman Harry Heleotis Ken Levinson Elena Olivo