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Advancing Professor Buzz Thompson ’76 Exposing International Criminal Law A New Path for the Environment Guantanamo Abuses WINTER 2006 Stanford Lawyer From Silicon Valley to CNN Entrepreneur and Political Commentator Carlos Watson ’95 Has Done It All CONTENTS WINTER 2006 VOL. 40 NO. 2 COVER STORY BRIEFS 16 FROM SILICON 6 LAWYER OF THE YEAR VALLEY TO CNN Barbara Olshansky ’85, defender of Carlos Watson ’95 cofounded, U.S. detainees, wins award. led, and eventually sold a success- ful Silicon Valley startup. Now a 8 REMEMBERING FORMER DEAN regular contributor on CNN, he Longtime professor and former act- provides political commentary, ing dean John R. McDonough dies. writes a column, and occasionally hosts his own interview show. 9 NEW CLINICAL CENTER The law school celebrates the open- ing of its new Clinical Center. FEATURES 10 MILITARY PROTEST 13 ALUMNI WEEKEND Students and faculty demonstrate Under a beautiful blue sky, more when JAG recruiters visit campus. than 650 alumni, family, and friends gathered to renew friend- 11 HURRICANE RELIEF ships, hear stimulating panel The law school opens its doors to discussions, cheer on the football students from Tulane University. team, and celebrate an association with Stanford Law School. DISCOVERY 16 22 FORGING A NEW PATH FOR THE 30 SEEKING MORE GOODLY CREATURES ENVIRONMENT Professor Hank Greely explores the As codirector of the Stanford implications of genetic and repro- Institute for the Environment, ductive technologies that may allow law professor Buzz Thompson us to create “enhanced” children. JD/MBA ’76 (BA ’72) is bringing together lawyers, biologists, geo- 35 A CONVERSATION WITH PROFESSOR physicists, economists, and other JENNY S. MARTINEZ experts at the university to solve Jenny S. Martinez gives her take on some of the world’s most pressing international criminal law. environmental issues. 38 PROMOTING PRO BONO The United States aspires to pro- vide “equal justice under law,” but often falls far short. Encouraging more pro bono work may narrow 13 the gap, argues Professor Deborah L. Rhode. DEPARTMENTS 2 LETTERS 5 FROM THE DEAN Larry Kramer spotlights the school’s environmental law program. 40 AFFIDAVIT Professor Lawrence Lessig sings a legal “Happy Birthday.” 41 CLASSMATES COVER PHOTO: GLENN MATSUMURA 88 IN MEMORIAM CONTENTS PHOTOS: (TOP TO BOTTOM) GLENN MATSUMURA, STEVE GLADFELTER, SAUL BROMBERGER AND SANDRA HOOVER 89 GATHERINGS 22 stanfLawyerord Issue 74 / Vol. 40 / No. 2 Letters Editor William Rehnquist ’52 Remembered taken by our justices in individual cases, a ERIC NEE [email protected] lthough Bill Rehnquist and I did not mutual respect existed among the clerks Ameet during our undergraduate years that endured for many years thereafter. Associate Dean for Communications at Stanford, we both took an undergradu- My last correspondence with Bill was and Public Relations SABRINA JOHNSON ate course on constitutional law taught by in late 2003, when I wrote him concern- [email protected] Charles Fairman, who served as mentor ing a memoir I was preparing on Justice Art Director to both of us. Bill and I did meet in sum- Douglas’s relations with his law clerks. ROBIN WEISS [email protected] mer, 1950, in a course on conflict of laws, In responding, Bill offered the following taught by the renowned Paul Freund, vis- personal anecdote concerning his own Production Coordinator iting from Harvard. In a letter to me in relationship with Justice Douglas: “He LINDA WILSON [email protected] 2002, Bill remembered Paul Freund’s and Cathy hosted me and Nan at their class as one of the best he had at Stanford. place on Goose Prairie in the summer of Contributing Editor Professor Freund also remembered that either 1973 or 1974, and were most gra- MANDY ERICKSON class; on several occasions he expressed cious and hospitable hosts. I do remem- Class Correspondents privately and publicly the esteem in ber asking Bill one evening if I might 61 CREATIVE ALUMNI which he held both of us as students. take one of the books on his shelves to After graduating from law school read after I went to bed: He pointed to Copy Editor JOYCE THOMAS in 1951, I became the second Stanford a shelf and told me to take any book I graduate to serve as a law clerk at the wanted from it. Surprise! All of them Editorial Interns U.S. Supreme Court, following Warren were by his favorite author [Douglas].” JESSICA DANIEL (BA ’06, MA ’06) LAUREN DUNNING Christopher in 1949 as a clerk to William Thus proving that justices—as well as PATRICIA HO (BA ’08) JOSEPHINE LAU (BA ’03, MA ’05) O. Douglas. Bill, as a member of the their law clerks—could differ sharply on class of 1952 who graduated early, fol- matters of legal principle while still main- Production Associates lowed me a few months later to serve as taining warm personal relationships. JOANNA MCCLEAN MARY ANN RUNDELL law clerk to Robert Jackson. Bill recalled Marshall Small ’51 (BA ’49) his service as a law clerk in his book, The San Francisco Stanford Lawyer (ISSN 0585-0576) is published for alumni and friends of Stanford Law School. Supreme Court. We were both concerned Correspondence and information should be sent to: as to how we would be received by the No Merit Badge for the Professor Editor, Stanford Lawyer other law clerks, as we were graduates n the fall 2005 issue of Stanford Lawyer, Stanford Law School Crown Quadrangle of a regional West Coast law school that IProfessor Richard Thompson Ford 559 Nathan Abbott Way did not enjoy the national reputation facetiously attributes to himself the con- Stanford, CA 94305-8610 or to: Stanford has today. We need not have dition of starry-eyed idealism. Professor [email protected] worried. The clerks enjoyed each other Ford writes that it would be unprincipled Changes of address should be sent to: as colleagues and regardless of positions decision making for the U.S. Supreme [email protected] Copyright 2006 by the Board of Trustees of Leland Stanford Junior University. Reproduction in whole or in part, without permission of the publisher, is prohibited. Issues of the magazine since fall 1999 are available online at www.law.stanford.edu/alumni/lawyer. Issues from 1966 to the present are available on microfiche through William S. Hein & Co., Inc., 1285 Main Street, Buffalo, NY 14209-1987, or order online at www.wshein. com/Catalog/Gut.asp?TitleNo=400830. A 1952 photo taken Stanford Lawyer is listed in: Dialog’s Legal Resource Index of U.S. Supreme Court and Current Law Index and LegalTrac (1980–94). Justice Robert H. Jackson (center), with Printed on recycled paper his two law clerks, William H. Rehnquist ’52 (BA ’48, MA ’48) Stanford Lawyer welcomes letters from readers. Letters may be edited for length and clarity. (left), and George PHOTO: COURTESY OF MARSHALL SMALL ’51 (BA ’49) Niebank. LETTERS 3 STANFORD LAWYER Court to distinguish Boy Scouts of America serve a legitimate and necessary national vides embarrassingly little analysis. This v. Dale (overturning a law that forced a defense purpose, while preserving the is unfortunate, especially when you con- private organization to accept members university’s freedom of speech by allow- sider that his worst case scenario is likely whose principles and practices were ing it to take any position on the recruit- to result: The Court will both uphold the contrary to the organization’s) from the ment efforts that it wishes. On-campus Solomon Amendment and preserve Dale. Solomon Amendment (which withholds solicitations to military service are not The Solomon Amendment requires discretionary government funding from conscription, they are simply one of law schools to treat the military just like a university that denies the government many prospective employer entreaties any other employer or lose federal fund- on campus access to students for military that give the student a choice. The uni- ing for the university as a whole. In the recruitment purposes). versity remains free to disseminate infor- FAIR case, law schools seek to exclude Professor Ford characterizes Dale as mation criticizing the military’s “don’t the military from an employment forum “. an incoherent mess . .” “. that ask, don’t tell” policy, or to recommend open to just about any employer who protects discrimination on the basis of against enlistment. Solomon doesn’t pun- shows up, with the only goal being to sexual orientation” (apparently because ish criticism of the government as the prevent interested, adult law school stu- Chief Justice Rehnquist found the good professor postulates, it encourages dents from interviewing for potential expression of disapproval of homosexual the university not to restrict the free careers in the United States military—all conduct to be within the perimeter of speech of military recruiters. the while demanding the regular flow of constitutionally protected speech), and Both Dale and the Solomon federal money. These law schools seek believes the Court has trapped itself Amendment protect First Amendment the privilege of biting the hand that feeds with Dale so that it now will most likely rights. Upholding them both is not them without missing a meal. have to declare Solomon unconstitu- only principled, it is the only legally The Dale case has little to do with this tional. Dale found the New Jersey statute and logically consistent decision. issue. Dale upheld the right of private violated the Scouts’ free speech rights, Professor Ford’s preferred solution groups to choose their members without and Professor Ford concludes that if would eliminate both, leading to sev- interference from the government. The the Court wishes to maintain integrity eral counterproductive results. plaintiff in Dale was a gay activist who and consistency, it must now rule that First, it would lessen the U.S.