Stanf yer

. w in the Future Pra eli eIng L~ fession Headed! Where IS the ro Stanford Law School's Environmental and Natural Resources Law & Policy Program

presents

THE HONORABLE BRUCE BABBITT

Former Secretary ofthe Interior

on the subject of "AN ENVIRONMENTAL AGENDA FOR THE 21sT CENTURY"

Secretary Babbitt will deliver the annual Robert Minge Brown Lecture Awarded annually to an outstanding scholar, policymaker, or lawyerfor his or her innovative and effective approach to addressing environmental issues.

THURSDAY, NOVEMBER 29,2001 4:30 P.M. KRESGE AUDITORIUM STANFORD UNIVERSITY

Free and open to the public

Bruce Babbitt has been an attorney at Latham & Watkins since completing eight years as Secretary of the Interior this past January. As Secrerary, his accomplish­ ments included leading the development of regional ecosystem restoration projects in the Florida Everglades and formulating new consultative uses of the Antiquities Act that led to presidential monument decrees of some 4 million acres. Continued legislative negotiations resulted in the designation of an addi­ tional 1.5 million acres ofmonuments and national conservation areas.

Mr. Babbitt has also served as governor (1978-87) and attorney general (1975-78) of Arizona. He received a BA in 1960 from the Universiry of Notre Dame, an MSc in 1963 from the Universiry of Newcastle upon Tyne, and a JD in 1965 from Harvard Law School.

,- FALL 2001 / ISSUE 61 Contents

Eealures

4 BUILDING A 21 ST CENTURY LEARNING ENVIRONMENT IN RECORD TIME By Mel Taylor Completely renovated over the summer, all class­ rooms in the F.I.R. Building now provide students and faculty with state-of-the-art information technology systems, new power, lighting, and ergonomic seating. The major modernization project incorporates the concept of"classroom technology integration."

14 THE FUTURE OF THE PROFESSION: What You Ca n Expect By Leslie A. Gordon According to leading practitioners and educators, the legal profession is being shaped by major technologi­ cal, global, and competitive forces. And the end is not yet in sight. As a result, preparing lawyers for careers in this changing legal environment ca]Js for an inte­ grative approach to legal education.

10

2 From the Dean

7 NewsBriefs

24 Professors in Print

26 Faculty Publications and Lectures

32 Law Gatherings

33 Classmates

68 In Memoriam COVER ILLUSTRATION by Stuart Bradford (clockwise) Duane Quaini '74 Dean Kathleen M. Sullivan Deborah L. Rhode Barton H. Thompson Jr.. JD/MBA '76 (AB '72) Debra Zumwalt '79 Charles Koob '69 LaDoris Cordell '74

STANFORD LAWYER 1 New Classrooms and FacuIty Greet the Class of2004

BY KATHLEEN M. SULLIVAN

E OPEN THE ACADEMIC YEAR this fall with brand-new, state-of-the­ art classrooms, three new faculty members, our first in-house clinic, and a remarkably diverse and talented class of 2004 that, for only the second time in the Law School's history, numbers more than halfwomen. It is an extraordinarily exciting and auspicious time for the Law School. The completely renovated classrooms, which premiered with a rib­ bon-cutting, tour, and toast on September 4, are the envy of the campus and other law schools, with digital projection, ergonomic seating suitable for students work­ ing on laptop computers, and the capacity to bring multimedia and long-distance enhancement to our already innovative teaching oflaw. Their design brings new beauty to the Frederick!. Richman building, as well as greatly improved heating and ven­ tilation, acoustics, and sight lines. The classrooms also bring universal wireless connectivity to the Law School, which has already pioneered wireless Internet access in many other ar­ eas ofour buildings. This feature of the classrooms is so cutting-edge that it captured the interest ofTechTV, which featured the classrooms and the Law School's use of wireless technology in a flattering profile on its August 22 "Fresh Gear" program. Every Stanford Law School student today must have a laptop computer and is provided with a wireless Internet access card that makes his or her lap­ top, in effect, a roving library. The new classrooms will allow us to anticipate how such technologies will be used in the business and legal practice ofthe fu­ ture. We remain grateful to the alumni and friends who made this remarkable digital facelift possible through their generosity to the School during the last capital campaign. Our faculty is rejuvenated this year by the arrival of two new assistant professors oflaw. Mariano-Florentino (Tina) Cuellar is a graduate ofHarvard College and Yale Law School and has a Ph.D. in Political Science from Stanford. He has served in the enforcement wing of the United States Deparunent ofTreasury and as a law clerk to Ninth CircuitJudge Mary Schroeder, and will teach in the fields ofadministrative, international and criminal law. Michele Landis Dauber, who holds both alD. and a Ph.D. in Sociology from Northwestern, has served as a law clerk

2 FALL 2001 to Ninth Circuit Judge Stephen Reinhardt and as a and to our students, and hope to draw an increasing Research Fellow at the American Bar Foundation work­ percentage ofeach class into clinical courses, which of­ ing on the history ofwelfare law. She will teach in the fer unique training in both the ethics and the skills ofle­ fields of torts and law and society. gal practice. William Koski also joins us this fall as associate The class of2004 that enters the Law School this fall professor oflaw (teaching) and our first in-house clin­ is, by every measure, as talented as any that has come be­ ical professor. He holds undergraduate and law degrees fore it. These diverse and talented students, many with sev­ from the University of Michigan and is completing a eral years ofwork or public service behind them, arrive Ph.D. at Stanford's School ofEducation. He has served on a wave of resurgent interest in law school; a front­ as an attorney at the East Palo Alto Community Law page New York Times article recently reported a sharp rise Project, where he litigated education cases and super­ in the national rate oflaw school applications this year. vised clinical placements ofStanford Law students. He Among the distinctive features of this class is that will develop and teach a youth and education law clin­ 52 percent ofits members are women-only the second ic as part ofthe new in-house clinical program that the class in the School's history in which women topped Law School launches this year. the halfway mark. As the remarkable careers ofStanford's Our new clinical venture aims to bring the highest alumnae clearly demonstrate, Stanford is, and has long standards ofacademic excellence to our teaching ofstu­ been, the best place among its peer schools for women dents in live-client clinical place­ to study law. We will celebrate this ments and to integrate such teach­ '~ the remarkable careers aspect ofour tradition and honor ingwith the core operations ofthe the alumnae of Stanford Law Law School. For many years we School at a gala dinner next have outsourced much ofour clin­ ofSTIrrdords illunrrnae clear- March 8, 2002, to be held in con­ ical teaching to already overworked junction with the first meeting at staffattorneys at the East Palo Alto ly demonstrate, STIrrdord is, the Law School of the American Community Law Project who Bar Association Commission on worked heroically to double as full­ Women, chaired this year by our time lawyers and teachers. In a new and long has been, the best own Professor Deborah Rhode. structure that the faculty approved The education we give the unanimously last year, we will sep­ class of 2004 will be affected by arate these functions, allowing the place among its peer schools the priorities we set for the Law Project and its attorneys to con­ School's future. The intensive centrate more fully on the legal for women to study law." strategic planning process that we needs ofthe community while we engaged in over the last year, wi th build an in-house clinical faculty ofup to five professors the help of both internal and external strategic plan­ to give our students intensive supervision in cases and ning committees, has led us to focus on strengthening transactions on behalfofindigent clients. our efforts in law, science, and technology, the empiri­ When added to our other clinical courses in crim­ cal study oflaw, and our international law, public law, and inal prosecution, environmental law and cyberlaw, our clinical curriculums. new clinics will enable us to innovate in the field ofclin­ One ofthese areas offocus-the role oflaw in an in­ ical education, as we have in classroom education, craft­ creasingly global community-will be featured atAlumni ing a practical approach that integrates negotiation and Weekend 2001, scheduled for October IIto14, 2001. problem-solving with traditional uses oflitigation and I very much hope I will see you there. Come see our focuses on transactions as well as on disputes. We will beautiful new classrooms, hear superb panels on busi­ continue to support and to draw many ofour cases from ness without borders and international criminal tri­ EPACLP, while exploring expanded relationships with bunals, and mingle with your teachers, friends, and other legal service providers in the region. We regard the classmates. new arrangement as highly beneficial both to EPACLP Until then, all best wishes. _

STANFORD LAWYER 3 • Stanf yer - Issue 61 / Vol. 36 No. / Editor I ,..-/ MEL TAYLOR

III "ray1{)r@srallforc!.cdtl

C0Il1I1111l1iclti0I1S Director ANN DETHLEFSEN

all [email protected]

Art Director/Designer AMPARO DEL RIO

;llll pa rodcsign .COI11

Copy Editor DEBORAH FIFE

Contributing Editors KATHERINE RELF-CANAS ERIKA WAYNE LINLY WEBB

Alumni News Coordinator LINDA WILSON

Class Correspondents 59 ESTIMABLE ALUMNI

Editorial Interns MELANIE EGUSA (AB'03) MARISA PAVLIK (AB'02)

Production Associates JOANNA MCCLEAN MARY ANN RUNDELL

STANFORD LAWYER (lSSN 0585-0576) is published for (ilul11ni and friends of Stanford Law School.

Correspondence and information should be sent to Editor, Stanford lawyer, Stanford Law School, Crown Quadrangle, 559 Nathan Abbott Way, Stanford, CA 94305-8610; e-mail law.alumnl.pubs@ forsythe.stanford,edu

Cop}rrighr 200 1 by the BO:lrd of Trustees of Leland St:lnford Junior University. Reproduction in whole or in part, withollt permission of the publisher, is prohibited.

Stffnford Lffwyer is listed in: Dialog's Leg~1 Resource Index and Current Law InJex and LegalTr:lc (1980-94). Issues of the magazine since 1966 are :lV:liL,ble on microfiche through \Villiam S. Hein & Co., Inc., 1285 Main Street, Buffalo, i\;Y 14209-1987.

Printed on recycled paper

4 FALL 2001 Building a21st Century Learning Environment in Record Time

BY MEL TAYLOR

HE FIRST RENOVATION went into this project symbolizes Stan­ ing on all the time," Haisley said. "As I in the histOly of the "new" ford's distinctive innovative approach to walked the site each morning and Law School was completed legal education." evening, I used a digital camera to pho­ over the summer, with all 16 The Law School's project team that tograph points for discussion and e­ classrooms in the FI.R. Build­ successfully met the major logistical mailed them to our contractors and sup­ ing undergoing a thorough challenge of renovating 21,000 square pliers. It seemed that I was always on my modernization. It took just feet ofspace in just 90 days was led by cell phone or laptop, which I also used to three months to complete the Frank F. Brucato, Associate Dean for pull up blueprints. This was one job project on time and within Finance and Chief Financial Officer, and where we had to hit the bull's-eye at budg·et. The classroom redesign includ­ Matthew Haisley, Director of every step along the way to get the job ed the installation of tiered floors, new Operations. done on time." seats, special lighting and ceilings, and "The original plan was to spread the The complexity ofconstruction lo­ state-of-the-art instructional technology construction out over two or three sum­ gistics was matched by the difficulty of equipment. mers, but the cost analysis Modern light, heat, and air condi­ persuaded us to do it over tioning systems now ensure overall com­ one summer," Brucato said. fort throughout the building. Sight lines "Our faculty and students have been improved. Student seats pro­ were really the clients on this vide power and wireless network connec­ project, so we brought them tions, supporting all wireless devices. into the planning process ear­ Computer projectors, whiteboards, and lyon. They helped guide the audio visual equipment enhance presen­ choice of chairs, lighting, and tation capabilities for faculty and stu­ even the amount ofwriting dents in all rooms. And sophisticated space needed in each room. digital systems permit the use ofsmart­ The project was a success be­ boards, plus interactive video and audio cause of the major commit­ conferencing, in certain rooms. ment made by everyone in­ "We would like to thank all of our volved-from the architect, alumni and friends who made this exten­ who was here evety day, to sive classroom transformation possible the general contractor, his through their generosity during our last subcontractors, and our own Room 190 prior to renovation. capital campaign," Dean Kathleen M. project manager, who really Sullivan said. "This complete rebuilding kept it all together." simultaneously installing sophisticated of our classrooms will enhance instruc­ In managing the project, Haisley­ audiovisual and digital technology sys­ tion and research, and the new equip­ with years of experience as a construc­ tems. "One of the key concepts at the ment will promote the development of tion contractor-oversaw the daily work heart of the systems we installed," creative new teaching and curricular ofsome 90 electricians, carpenters, plas­ Brucato explained, "is 'classroom tech­ methods and models. The energy that terers, and painters. "There was a lot go- nology integration.' Faculty now have all the tools necessary to technologically en­ (opposite, top) Room 190 features a stepped ceiling with indirect cove lighting, improved sight lines, hance classroom instruction." and built·in audio and video conferencing capabilities. (center) Room 190 also features new casework A typical scenario for a class might desks, 122 movable seats, new whiteboards, projection screen, and acoustical wall treatment. (bottom) include the professor controlling a Rooms 280 A& Bfeature improved access and view angles and front wall space for display. (Computer Powerpoint presentation from a multi­ simulation courtesy of MK Think) media lectern. The professor cues the

STANFORD LAWYER 5 audiovisual engineer in the con­ utilization of the newest, most effec­ trol booth at the back of the tive information system technologies room to "image in" a guest lec­ available." - turer from an Atlanta law firm in a video si mulcast. The professor Construction Facts then asks the engineer to call a _ 168,774 feet (32 miles) Washington, D.C., judge via a ofelectrical cable voice-over-Internet-provider _ 557 light tlxtures (VOIP) telephone for comments. The new configuration of Rooms _ 2,300 lineal feet ofstudent To conclude the class, the profes­ 280 A& B includes a small seminar desk space sor writes summary notes on a room, shown in white. _ 90,500 square feet of drywall whiteboard, the notes are pro­ - 48,000 metal studs jected simultaneously onto a screen, they are auto­ - 27,OOOfeetofwoodbanding matically saved to the Web, and sometime later in Architect: Miller!Kelley the day a student accesses them using a wireless General Contractor: DEVCON laptop while having coffee in the student lounge. "In developing our classroom technology sys­ Instructional Technology Equipment tems, we took the time to review equipment al­ - ceiling-mounted digital projectors _ powered ready installed at Stanford and also at other projection screens - master control booth _ video­ schools, including several on the East Coast," conferencing and switching software _ digital Brucato said. "We learned what to avoid, and also signal processors _ DVD video players - VHS found out what was most useful. 'Utility' is the key players _ remote control systems _ multimedia word. Although other schools may have more lecterns _ audio systems for hearing impaired hardware, based on what we've installed, our facul­ _ wireless microphones _ amplitlers _ intercoms ­ Cross Section of Room 190 ty and students will be at the forefront in the actual whiteboards _ smartboards

"We would like to thank all ofour alumni and friends who made this exten­ sive classroom transformation possible through their generosity during our last capital campaign. This complete rebuilding of our classrooms will en­ hance instruction and research, and the new equipment will promote the de­ velopment ofcreative new teaching and curricular methods and models. The energy that went into this project syn1bolizes Stanford's distinctive innova­

tive approach to legal education." -DEAN KATHLEEN M. SULLIVAN

6 FALL 2001 NewsBriefs

Barton Serves As fit developing nations. Chair of International The creation of the Property Rights comrillssion follows the .~:ft recent controversy over Commission the high cost ofAIDS ohn H. Barton '68, George drugs sold by western E. Osborne Professor of multinationals in transi­ \~ j Law, has been named chair tional countries, includ­

Cl co of the International Comm­ ing Africa. « ission on Intellectual Property Supporters of the o , Q. ", Rights, a newly formed organi­ commission have ex­ j'l Z o Cl zation charged with making pressed concern that Anthony D. Romero '90 recommendations on how to multinationals might change the international intel­ patent the results ofre- Romero Named lectual property rules to bene- search that some be- Professor John H. Barton '68 Executive Director Of the American Civil Liberties Union Dean Sullivan Leads Defense in DVD Case nthony D. Romero '90 was ATHLEEN M. SULLIVA 1, Dean and Richard E. Lang Professor of Law and named Executive Director of StanleyMorrison Professor ofLaw, argued a case in a federal appeals court that might Athe American Civil Liberties Union in May. He took over the well affect the definition ofconstitutional boundaries of copyright in cyberspace. position in September. Sullivan is defending the right of2600, an e-journal, to publish the code (DeCSS) The son of Puerto Rican that unscrambles encrypted DVDs. The case, Univel'sal, et al. v. 2600, is pending be­ immigrants, Romero was born fore the U.S. Court ofAppeals for the Second Circuit. in the Bronx and now lives in InJanuary, eight movie studios, including Disney, Columbia, and Universal, sued Manhattan's Chelsea neigh­ 2600 and its editor, Emmanuel Goldstein, known as Eric Corley, for violation of the Digital borhood. Millennium Copyright Act's prohibitions against circumventing encryption ofa copyrighted work. "I'm proud of being the l~.S. DistrictJudge Lewis A. Kaplan sided with the movie studios and granted a permanent in­ first openly gay man and z « junction against 2600. The movie studios were backed by, among others, the Recording Industry ::; Latino to head the ACLU,"

STANFORD LAWYER 7 lieve should be freely available, New LLM Degrees such as those from the human Offered in Corporate genome project. Sponsored by the u.K., the Governance and Law, commission grew out ofa white Science &Technology paper on globalization and de­ eveloped primarily for velopment. foreign lawyers, two new The commission held its Done-year master of laws first meeting in May, and in programs will be offered in fall spring 2002 will submit its final 2002. report to the u.K.'s Secretary of Degrees will be offered in State for International corporate governance and prac­ Development. tice, and law, science, and tech­ nology. Additional LLM degree Glaze Named Associate options available in future years Dean for Student Affairs may include environmental law H 0 NOR DANCE-Mark Myers '01, a Cherokee, and Sunshine Sykes and dispute resolution. '01, a Navajo, received ceremonial blankets and participated with Native atherine Glaze '85 CAB '80) Professor Bernard S. Black was named Associate Dean is developing the corporate gov­ American graduates of other Stanford schools in atraditional honor dance Cfor Student Mairs at ernance option and Margaret at this year's Stanford Powwow on May 12. The University's Native American Stanford Law School, effective Jane Radin, Wm. Benjamin Cultural Center provided the ceremonial blankets. Myers also won sec­ Scott and Luna M. Scott Professor ofLaw, is de\eloping ond place in the Chief Justice John B. Doolin Writing Competition, which the law, science, and technology is part of The Sovereignty Symposium XIV, the largest forum addressing option. issues faced by Native American and other indigenous people. Myers's pa­ The University's Faculty Senate is expected to grant final per, ''The Russell Means Case: Tribal Courts' Criminal Jurisdiction over approval to the LLM programs Non-Member Indians," will be included in a collection of legal and his­ this fall. torical writings published by the symposium. New Grading Policy Now in Effect ciation, the Student Cabinet, and the entire student body for n April, the Law School fac­ constructive feedback provided ulty adopted changes in the during the two-year committee ISLS grading policy that are process to approve the policy. Catherine Glaze '85 lAB '801 designed to express more accu­ The new policy will have no ef­ rately the quality of student fect on transcripts of past gradu­ June 1. She had been Acting performance in upper-level ates ofthe Law School. Associate Dean since returning courses, and enhance students' to SLS last October. job opportunities. Pillsbury's Cranston In making the announce­ According to the new poli­ New Chair of ment, Dean Kathleen M. cy, two elections instead of five Mary B. Cranston '75 lAB '701 Sullivan credited Glaze with will be allowed after the first se­ Board of Visitors developing strong relationships mester for 3Ks. The mean ary B. Cranston '75 CAB The new chair has been with students and expressed grade for courses subject to the '70), Chair of Pillsbury honored for her humanitarian gratitude for her work on be­ mandatory mean will be raised MWinthrop LLP, has been efforts by the Anti-Defamation half of the School during this to 3.4 from 3.2. Grades of2.3 named Chair of the Law League Central Pacific Region past year. and 2.4 will be elim.inated, so School's Board ofVisitors. and received the Summit Glaze was formerly grades from 2.5 to 4.3 will fall Cranston, who is the first Award for Women Explorers Associate Dean for Student within the unconditional pass­ woman to head Pillsbury, spe­ from the Learning for Life Services and Clinical Professor mg range. cializes in antitrust and trade Program. at Golden Gate University Dean Sullivan thanked the regulation, civil litigation, and Since 1958, the Board of School of Law. Stanford Law Student Asso- communications law. Visitors has played an impor-

8 FALL 2001 tant role in helping the Dean Palm/WESTLAW of the Law School respond to Wire SLS Students particular challenges facing le­ in Pilot Program gal education. Members are se­ lected for their distinction as ifty students recently re­ leaders in law, business, and ceived six months of free service to the public. F\Vireless Westlaw service and a complimentary Palm Stanford/Yale Junior VIIx hand-held personal digital Faculty Forum assistant, thanks to Mitchel W. Davis, former Associate Dean Grooms Scholars and ChiefInformation Officer esigned to train young legal at the Law School. scholars on the rigorous in­ Upon realizing that many Dterchange ofscholarly life, Stanford Law students use the StanforcI!YlleJtmjor Faculty Joseph A. Grundfest '78, W. A. Franke Professor of Law and Business PDAs with collapsible key­ FOlUm brought together new boards to take class notes, Davis and veteran law professors at the increasingly dependent on in­ for Excellence in Teaching pitched the idea ofa student­ Law School in June. tellectual rather than physical from the graduating class. based pilot PDA program to The forum provides partici­ property. He advised graduates to Palm, Inc. Word got to West pants with a deeper understand­ Gnmdfest, former Com­ "take good care ofyour dreams, Group, owners ofWestlaw, the ing of how scholarly inquiry is missioner of the United States be mindful ofyour desires, legal research service, and they conducted by familiarizing Securities and Exchange Com­ and cultivate your fantasies be­ soon signed on. them with the nature ofschol­ mission, received the 2001 cause they can, and will, shape The program-part of arly exchange through a formal John Bingham Hurlbut Award your destiny." Stanford Law's wireless tech­ paper submission, selection, and nology initiative-provided presentation process. students with three months of DEANLY PO RTRAIT- Dean Emeritus Paul Brest had the pleasure Directors ofthe two-year­ classroom use and three months old program are Ronald Gilson, of viewing his fonnal oil portrait with 100 alumni, faculty, staff, and friends ofsummer use to determine the Charles]. Meyers Professor usage patterns. at an unveiling ceremony and reception held in his honor in June. Dean ofLaw and Business at Stan­ Gene Levoff '01 said ford, and Alan Schwartz, Ster­ Kathleen M. Sullivan (pictured with Brest) hosted the event. Painted by \;\Tireless vVestlaw helped him ling Professor ofLaw at Yale. Thomas Loepp of New York, Brest's commissioned portrait hangs in the prepare for the California bar The program alternates be­ exam, calling the PalmlWestlaw tween Stanford and Yale. Moot Court Room, alongside the portraits of his fellow former deans. Brest package "fantastic." was Stanford's tenth law dean, serving from 1987 to 1999. In January Grundfest Wins 2000, he became president of the William and Flora Hewlett Foundation. Mentoring Project HurlbutAward, Connects Students Addresses Graduates With Alumni in oseph A. Grundfest '78, Public Interest Law· W A. Franke Professor of esigned to pair students JLaw and Business, told the with alumni public interest 214 members of the Class Dpractitioners in the Bay of2001 at graduation cere­ Area, the new Public Interest monies on May 20 that "the Alumni Mentor Program has world will inexorably turn matched 40 alumni with lL toward an economy that de­ and 2L students for guidance, mands an increasing number networkjng opportunities, and of lawyers." job-enrichment experiences. The reason, he said, is that The Office of Public the United States will continue Interest Law developed the to need more lawyers as the program to connect alumni gross national product becomes with students workjng for pub-

STANFORD LAWYER 9 lic interest law employers or in externships and clinics this Second Amendment Conference Features summer, graduating students seeking employment or pro Leading Historians bono work, and others interest­ TA TWO-DAY CONFERENCE in April, historians and legal scholars debated the ed in the field. right to bear arms and heard controversial author Michael Bellesiles debunk the the­ For information, contact Oly that America had a well-armed and capable militia before the Civil War. Director ofPublic Interest and Attendees at "The Second Amendment: History, Evidence and the Constitution" Public Policy Programs Eduar­ conference, co-sponsored by the Law School and the Humanities Center, heard Emory do Capulong, 650/725-4192. University History Professor Bellesiles argue that the militia was always poorly armed and trained, and never effective. Bellesiles is the author ofAmzi1'lgAmerica: The Origins ofa National Dean Sullivan Names Gun Culture, which has raised the ire ofright-to-bear-arms supporters nationally. Four to New Positions On tl1e second day ofthe conference, panelists discussed the intent ofthe Second Amendment, as drafted, and analyzed its current interpretation. ean Kathleen M. Sullivan Panel moderators included]ack N. Rakove, Coe Professor ofHistory at Stanford and Pulitzer has announced the appoint­ Prize wilmer, Dean Kathleen M. Sullivan; and Pamela S. Karlan, Dment of an academic asso­ Kenneth and Harle Montgomery Professor of Public Interest ciate dean and three new faculty Law at Stanford. Participants included Robert Weisberg '79, /! members. Edwin E. Huddleson,]r. Professor of Law at Stanford; JOHN J. DONOHUE JIl, Sanford Levinson '73, Professor of Law and ""fv. /'. r ~ Professor ofLaw and]ohn A. Government at the University ofTexas; Glenn \ ,\\\~ ~~\\) "/.' .",-,/< 'Northwestern University and a Palo Alto Community Law pean inquisitorial model of legal countries, Chile is leading the ]D from the Torthwestern Project. He has practiced law in procedure in favor of the United way in calling for change, ac- University School ofLaw. She private finns and as a volunteer ~ cording to Mendez, has served as a Research Fellow ; who was invited by at the Lawyers Committee for c: at the American Bar Civil Rights. ~ the University of Foundation. ~ Chile at Temuco to WILLIAM S. KOSKI has Mendez Participates ; participate in the been named Associate Professor ~ conference. In Latin American > of Law (Teaching). He holds a In October, ]D from the University of Legal Reviews Mendez will partici­ Michigan and is currently a doc­ n August, Miguel A. Mendez, pate in another con­ toral candidate in Stanford's Adelbert H. Sweet Professor ference, "Barriers to School ofEducation. Koski has IofLaw, joined international Latinos: The Need served as a Law School Lecturer legal scholars in Chile to discuss Miguel A. Mendez to Increase the Role

10 FALL 2001 We Playas Lawyers, Judges, sues were discussed by leading and Professors," cosponsored authorities, including interna­ by the Center for Latino tional financier George Soros. Policy Research and the Center for Social Justice of the Harris Named Law University of California at Fund National Chair Berkeley. Conference papers will be published in Berkeley's ail Block Harris '77 La Raza Law Journal. (AB '74), counsel retired Gat Simpson, Thacher & Student Values Bartlett in New York, has Internship in been named National Law Fund Chair. Czech Republic In her new post, Harris rian Fonville '02 spent will assist the School's fund­ the fall of 2000 on an in­ raising office in communicat- Bternship that gave him the opportunity to help shape Czech President Vaclav Group Visits Cuba to Study Legal Process Havel's New Year's Address n March, the L1ternational Law Society sponsored a trip to to the Nation. Cuba for 28 students to study the legal regime, learn about the Fonville, a jointJDIAM culture, and interract with Cuban law students. candidate in Russian and East Joshua Wallenstein '02 (second l'ow,far left) led the Stanford European Studies in the group that included several non-SLS students and internation­ Stanford Center for Russian Ia1business lawyer Jenik Radon '71 (second row, Joztrtb from left). and East European Studies The seven-day trip to Havana and Santiago de Cuba included a program, said working on the Gail Block Hams'77 lAB '741 tour ofthe University ofHavana Faculty ofLaw and the annual address was a major Association of Cuban Jurists facility, plus individual meetings with highlight of his internship, ing to alumni and friends economists and judges. which he arranged and organ­ the importance of the annual Based on the success ofthe Cuban trip, Wallenstein, who has ized on his own. effort to raise unrestricted worked as a tour guide in the United States and Mexico, offered Working in Havel's Political and current-use gifts for the to lead another international trip this year. Department, Fonville per­ Law School's most critical formed a variety of duties, and urgent needs. including analyzing legal and Harris, who practices Lessig Named he argues that overly strong in­ instiultional reform issues in corporate and securities To Business Week's terpretations of intellectual the Czech Republic. He also law with an emphasis on enter­ Ie. biz 25' List property law are strangling in­ attended several colloquia con­ tainment and the media, has novation. vened by Havel on the topic extensive experience in inter­ tanford Law Professor ofglobalization, at which key is- national joint ventures. Lawrence Lessig, founder of Former Dean Ehrlich Sthe Center for Internet and Wins SFSU Award Society and a leading eyberlaw scholar, has been named to n May, former Stanford Business r17eek's "e. biz 25" list of Law School Dean Thomas the most influential people in IEhrlich, a senior scholar at the electronic business. Carnegie Foundation for the Among empire builders, in­ Advancement ofTeaching in novators, and architects on the Menlo Park, received the San list, Lessig is categorized as a vi­ Francisco State University sionaryand "a determined Presidential Medal for his long fighter for a free Internet." commitment to community In his second book, Tbe service learning in higher Future of/deas: Tbe Fate oftbe education. The award honors (left to right): Political Director Parel Fischer; First Lady Dagmar Havlova; Commons in (/ Connected U70dd those who have made outstand­ Czech President Vaclav Havel; Brian Fonville '02 (to be published in ovember), ing contributions to SFSl: and

STANFORD LAWYER 11 the City ofSan Francisco. "Jim has played a long and in­ Ehrlich, Dean from 1971 to valuable role at Stanford 1976, was a Distinguished University and the Law University Scholar at San School." Francisco State until last year. A former Chair of the Stanford Board ofTrustees, Cooley Godward Gaither was Chair of the highly Honors Gaither successful Campaign for Stanford Law School. With Venture Gift he law firm of Cooley Godward LLP has made the Tinitial gift to an innovative venture capital fund estab­ lished at Stanford Law School. END-OF-YEAR FESTIVITIES-On May 3, events sponsored by Given in honor of fom1er partnerJames Gaither '64, the the Stanford Latino law Students Association led off two days of cele- $2 -million gift is the first to be part of a special invesunent pool bration in honor of Cinco de Mayo. Distinguished federal jurists partie- to be managed by venture capi­ talists who are graduates ofthe ipated in a panel on the experience of Latino federal judges, which was Law School. The Cooley Godward gift is expected to at­ moderated by California Supreme Court Justice Cruz Reynoso (far leftl. tract similar gifts to the invest­ Aimee Christensen '01 Joining him were (from Iefl) Hon. Carlos Murguia from the District of ment fund, which will provide discretionary income to the Extern Receives Global Kansas, Hon. Cartos Moreno from the Central District of California, Hon. Law School in future years. Education atThe Hague "Jim Gaither has been an Martha Vazquez from the District of New Mexico, Hon. Arthur Alarcon extraordinary leader and archi­ s Stanford Law School's tect in the history and develop­ first student to serve as an from the Ninth Circuit, Hon. Fortunato Benavides from the F"Ifth Circuit, ment of Cooley Godward," said Aextern at The Hague, Stephen C. Neal '73 (AB '71), Aimee Christensen '01 spent and Hon. Richard Paez from the Ninth Circuit. chairman and CEO ofthe firm. the fall 2000 semester working on international human rights and environmental issues. WELL BALANCED-Choreographer and dancer Cart Flink '01 main- Upon her acceptance into the State Department-spon­ tained a busy professional performance career while receiving his legal ed- sored program, Christensen was assigned to work with Allen ucation at Stanford. He performed Weiner '69, one oftwo attor­ neys in the American Embassy's with Stanford's Vintage Dance Office ofthe Legal Counselor Ensemble and choreographed a at The Hague. Weiner is a par­ ticipant in the Law School's commissioned wort, ''This Bleeding Heart," Visiting Mentor Program. Christensen supported the which blended the idioms of social and modem dance. office's legal team in an alleged unlawful use offorce case Prior to attending law school, Flink was an accomplished soloist brought by former Yugoslav with the Jose UmOn Dance Company and also performed in a President Slohodan Milosevic against the United States, plus a wide range of independent dance projects. capital punishment case brought by Germany against the United States for violating

12 FALL 2001 the Vienna Convention on Consular Relations. Based on her previous experience as an analyst with the Department ofEnergy, Christensen was also asked to participate in the interna­ tional discussions and nego­ tiations on global warming. Christensen is now with Baker & McKenzie in Washington, D.C., where she works on international environmental law issues.

Record Number of 3Ls Make Individual Gifts BENCH WIS E-Civil rights and affinnative action at the school district level were the issues argued by the ach year, the Law School's graduating class organizes a 15 teams that competed in the 49th KiOOvood Moot Court Competition in May. Best Team and Best Brief went E3L Gift Effort. This year's to Rob Hur '01 and David Weiner '01, who argued against Cameron Orszag '01 and Alexandra Walsh '01. Walsh effort resulted in an unprece­ was named Best Oralist. Three distinguished federal appellate judges sat as the United States Supreme Court dented 86 percent of the Class of2001 making a gift, eclipsing hearing the case. Pictured (left to rightl are Weiner, Hur, Hon. Richard Paez of the U.S. Ninth Circuit Court of the 81 percent mark set by the Appeals, Hon. Merrick B. Gartand Class of 1998. of the District of Columbia Circuit, Co-chairs of the gift: effort were Mark Cordoba '01 (AB Hon. Margaret McKeown of the Ninth '97) and Robert Hur '01, who Circuit, Walsh, Orszag, and Dean were also elected treasurers of Kathleen M. Sullivan. the class. By the end of the 2000-01 school year, 158 stu­ dent donors had contributed a total of$10,02 5. Academy in Berlin as a Berlin Five alunmi donors, includ­ Prize Fellow. He will present ing Craig E. Dauchy, ]D/MBA the].P. Morgan Lecture on '74, Han. RoderickM. Hills '55 October 10. (AB '52), and i\Uchael A. Kahn Founded in 1998, the acad­ '73 (AM '73), agreed to match emy is devoted to the advanced the sum, raising the total study of the arts, culture, and amount to $60,150. Two donors public affairs. Located at the chose to remain anonymous. Hans Arnhold Center in Berlin-Wannsee, Scott to Berlin the non-profit or­ As Academy ganization regularly Fellow sponsors confer­ ences, seminars, HEARTBREAK HILL-Robert Weisberg '79, Edwin E. Huddleson, ennethE. public lectures, and Jr. Professor Law makes his way through the pack of run­ Scott '56, Ralph exhihitions for the of lin redI, KM. Parsons public and special ners who finished the IOOth Boston Marathon, the oldest marathon in Professor ofLaw, groups on key issues the wortd, on April 16. Weisberg came in 863d in his division, with a Emeritus, will spend affecting the the fall semester at United States and time of 3 hr. 55 min. Although not his personal best, Weisberg says that the :\merican Professor K. Scott '56 Germany.• he made the grade.

STANFORD LAWYER 13 The Future of the Profession: 1IVhat lOu Can Expect Opportunities for Lawyers, Challenges for Educators

By Leslie A. Gordon

HANGE IS INEVITABLE, alld the legal profession is facing more than its fair share. Today's lawyers and those in trainingfor the profession face impos­ ing challenges because technology, globalization, and increased competi­ tion are changing theway law is practiced. Staying ahead ofthese trends, and others certain to emerge, will necessitate that educators match the theo­ retical and practical teaching ofthe law with a vi­ sionary understanding ofvvhat could be-a task reserved only for the stouthearted.

III

I]PHOTO ILLUSTRATIONS BY STUART BRADFORD

14 FALL 2001 III

Duane Quaini '74, Chair of Sonnenschein Hath & Rosenthal The Firm of the Future Walker's merger with New York's Battle Fowler. "Those firms saw the future and were worried that Every year, the majority of Stanford Law ifthey didn't merge, they would get shut out ofthe mar­ School graduates begin their legal careers at ketplace," Holt said. law firms that are among the best in the coun­ On the other hand, Holt predicts that small and mid­ try. These finns are decidedly different from sized firms will continue to have a place in the industIy, those that were organized just a decaJe ago. provided their practices are specialized. "Mid-sized firms Today some films own subsidialY companies can no longer expect to be all things to all people," he said. that may earn higher profits than the core practice. Some are guided by nonlawyers in powerful COO positions. Others allow for Combining Functions part-time and even non-equity partnerships. The rise of multidisciplinary practices is a second ma­ But no matter what their specialties or jor change that will affect the law firm environment in structure, it is safe to say that law partner­ the near future. Specifically, the ban on nonlawyer fee­ ships are becoming increasingly complex. sharing will probably be lifted within the next 10 years, The consensus is that, based on economic "Technology has Holt predicts. As a result, prof<:ssional service firms that globalization, fierce competition from ac­ become a key offer consulting, accounting, auditing, and legal servic­ counting firms, and continued technologi­ component of large es will supplant traditional law firms, he beliew,. cal advances, law firms will continue to grow, Certain industry watchers anticipate even more rev­ become more international, and acquire in­ law firms, which olutionary changes: Theysay law firms will go public, be­ creasing technological sophistication. pour great amounts cause they can't afford the increasing cost ofacquiring top "Because of globalization within the of capital into legal talent, in1plementing cutting-edge technology, and economy, we'll have fewer firms," explained opening global offices. Gerry Holt, a law firm consultant with Holt systems to better In today's market, newly minted law firm attorneys Consulting Services. "There will be mega­ serve their clients." can earn upward of$125,000 annually. And for that kind firms with 5,000 to 8,000 lawyers-that's ofsalary, many are expected to bill more than 2,000 hours two-to-three times larger than the current a year-a level high enough to affect recruitment, reten­ largest firm." tion, morale, and personal lifestyles. For the past two years, Holt has spo- "A tremendous problem for law firms is access to cap­ ken to first-year Stanford students, explaining new devel­ ital," explained Duane Quaini '74, Chair ofSonnenschein opments in the legal marketplace and changes taking place Nath & Rosenthal, a SOO-attorney fim1 bas~d in Chicago. within the profession. He recently explained to students "Our capital is self-generated, and it is not as significant that as a result ofconsolidation in the marketplace, there as market capital. Law firms need a way to get around that. will be a huge shakeout in regional, or medium-sized, to I believe the day will come-probablyin about 10 years­ large firms. when law firms go public." "Mega-firms will have offices in every major market Billing is becoming a creative enterprise. Some firms in the world, and they "rill compete for local and region­ now earn significant revenue by investing directly in their al work in those areas," he said. "This will threaten re­ clients' businesses. Others take equity in the clients' busi­ gional firms with 500 to 600 lawyers." nesses in lieu ofcharging hourly fees. Some prefer to work Holt predicts that many regional firms will merge on a per-project basis. into mega-firms. He cites the recent merger of San The legal profession is facing internal as well as ex­ Francisco's Pillsbury Madison & Sutro with ew York's ternal competition, as firms continue to jockey for posi­ INinthrop Stimson Putnam & Roberts. Othermajor com­ tion among themselves as well as other types of organi­ binations include Cleveland-based Squire Sanders & zations. By way of comparison, in Europe accounting Dempsey's recent acquisition ofSan Francisco's Graham firms are among the largest employers of attorneys. But & James, and Los Angeles's Paul Hastings Janofsky & in the .S., long-standing ethical rules prohibit attorneys

16 FALL 2001 Tbe FI/.tl/.,", of tbe Pt'ofeHi01l

from sharing fees with non-lawyers, including account­ now instantaneous. Litigating cases includes online fil­ ants, management consultants, and financial planners. ing and videoconferencing. Legal research is conducted Most practitioners today will agree that the fee­ instantly. The world is smarter-with an efficiency we sharing restriction is hurting the legal profession, which never dreamed of-but harder, too, because the pace is is facing severe competition from service firms that much faster." now offer clients what have traditionally been law firm And the digital revolution is just beginning, ac­ services. cording to Quaini. "It's an ongoing revolution that be­ "Clearly, the profession is facing an unprecedented gan in the mid-1990s," he said. "Technology has be­ competitive environment," said Kathleen M. Sullivan, come a key component oflarge law firms, which pour Dean and Richard E. Lang Professor ofLaw and Stanley great amounts of capital into systems to better serve Morrison Professor ofLaw. "The result is a strong push their clients." Sonnenschein supports 80 direct extranet to modernize the ethical prohibition on hookups with clients. multidisciplinary practice so that lawyers "Technology is not only can better compete with other profession­ influencing practicing lawyers, al service providers." but the judiciary as well," said The third major influence onhow the fonner judge LaDoris Cordell profession is changing can be measured by '74, now Stanford University the influence of international business. Vice Provost and Special Today, the resources ofcapital, labor, and Counselor to the President for information travel across borders at record Campus Relations. Cordell speeds, resulting in the globalization of served as asuperior court judge business and business-reIated practices. in Santa Clara County from As multinational corporations combine 1982 to 2001. domestic and international operations, ac­ "We were completely quire new companies, and conduct mega­ without technology the first mergers, they generate wave after wave of "Technology is not half of my tenure on the bench," Cordell recaIJed. "It complicated regional, national, and inter­ was all paper files then, but now it's not unusual to see national regubtions. only influencing computers in judges' chambers and right on the bench. "The fact is, law firms folJow their practicing lawyers, Also, litigants can now file electronically, and some court­ clients," Quaini said. "As the world glob­ but the judiciary as rooms have been absolutely transformed by state-of-the­ alizes, law firms ... open new interna­ well . .. litigants art technology." tional offices and develop strategic rela­ Cordell said the judiciary's adoption of technolo­ tionships with other firms and can now file gy is still likely to lag behind the profession in gener­ organizations in the region." electronically, and al "because the court systems are resistant to change." some courtrooms Digital Revolution have been 'Data Miners' vs. Technology continues to drive many ofthe absolutely Problem Solvers changes being made within the profession. Charles Koob '69, Co-head ofthe Litigation Department Advanc(;s in technology are transforming transformed. at NewYork's Simpson Thacher & Bartlett, is concemed the practice oflaw and the justice system by that the ease ofgathering data made possible by new in­ lowering the cost of, increasing access to, formation technologies may steer tomorrow's lawyers and accelerating the speed of information away from leaming how to thoroughly think through the exchange, according to Sullivan. legal issues at the core ofa problem. "Because we are living in a wired uni­ "Young lawyers are at risk of becoming what I call verse," she said, "business procedures are 'data miners,'" Koob said. "Future lawyers will need to

II LaDorls Cordell '74, Stanford University Vice Provost and Special Counselor to the President

STANFORD LAWYER 17 Women Comprise: 30% All Lawyers" 42% Associates at Large Law Firms According to the 16% Partners at Large Law Firms "Source: (ZOO! ABA Cummissiou 011 American Bar lfol11f1l in the ProfeITiou) Association's 2002 SOlirce: (ZOOO .VOtiOllcl! A.rsocintioll for Llill' PIi/cC'mellt DiI'ect0l)' ofLegal Employe,,) Women Employed Guide to Approved in Law Schools: 11% Deans Law Schools, come up with broad-based solutions for 22% Full Professors 48% ofentering law dients, which is more than just figuring 46% Associate Professors out what the law says." These solutions 48% Assistant Professors students are women.

will require knowledge that is increasing­ (Source: I 999-Z000 Associfllioll of ly interdisciplinary in scope and func­ Americoll 1-JIIl' ScIJooL, Directo')' ofLlill' TeadJt'rs) tionality according to presenters atAlwnni Women in the Weekend 2000. Federal Judiciary: Speaking on a panel alongside Yale 22% U.S. Supreme Court Justices Law School's Dean AnthonyT. Kronman 16% U.S. Circuit Court Judges and Stanford's Dean Sullivan, then 15% U.S. District Court Judges

University ofChicago Law School Dean (Source: ZOO! FedemlJudicial Hist0l)' Office) Daniel Fischel stated: "Themore a school focuses on 'the law'-defined as more cases, more statutes, more regulations­ the more likely it is to be a second-rate in­ The 'No Problem' stitution that will make no lasting contri­ Problem bution to the marketplace of ideas and Ofthe great nwnber ofchanges affecting the profession, policy making." few match the significance ofthe increasing number of women who an: choosing law as a career, Women at­ Pro Bono and torneys have come a long way since the turn ofthe 20th Public Interest Law century, when a District ofColumbia judge said, "Bring One area of the law that will continue to on as many women as you choose, I do not think they require special consideration in the future, "Future lawyers will be a success," Women now enter the law in num­ according to Koob, is public interest law. will need to come bers equal to their male counterparts, many serve at Koob holds that a continued com­ up with broad­ high levels ofgovernment and industry, and an increas­ mitment to public interest law is "critical based solutions ing number contribute significantly to academic schol­ to the future ofthe profession and the con­ arship, cept ofjustice." He says that commionent for clients, which Despite these accomplishments, women are still should begin in law schooL is more than just underrepresented in positions ofthe greatest status, in­ Already at an unprecedented level, figuring out what fluence, and economic reward, according to a recent the demand for private sector legal serv­ study offered by the American Bar Association's ices is expected to intensify. This will put the law says." Commission on Women in the Profession, Titled "The tremendous strain on already limited re­ Unfinished Agenda: Women and the Legal Profession," sources, and that's precisely why it's im­ it is the third status report published by the commission portant that "Stanford continue to turn since its founding in 1987. The complete survey can be outlawyers who have public interest serv­ found at www,abanet.org/women. ice at heart," Koob said, Deborah L. Rhode, the Ernest W. McFarland

Charles Koob '69, CoheadCiTthe Litigation Department at New York's Simpson 18 FALL 2001 Thacher & Bartlett The Flltlln of tbe Professioll

Professor ofLaw at Stanford Law School, chairs the ABAS can remove barriers and provide a system ofaccountabil­ Commission onWomen in the Profession. "A central ob­ ity for assisting women attorneys. "It's important," Sullivan stacle for women lawyers continues to be the 'no prob­ explained, "for women lawyers to reach back and lend a lem' problem," Rhode said. "Because there are a large hand to the generation coming up behind tllem." number ofwomen in the profession, there is a perception Despite these challenges, a substantial number of that the 'woman problem' has been solved. women have broken through the glass ceiling to become That, in itself, has become a major prob­ extremely successful practicing attorneys, judges, and le­ lem," she said. gal scholars. The report states that women now Close to home is Stanford General Counsel Debra make up nearly 30 percent of the legal Zumwalt '79. Zwnwalt manages an in-house departnlent communityin the United States. And since ofseven attorneys and guides parmerships with four ma­ 1987, the nWllber ofwomen serving as fed­ jor law finns in meeting Stanford's legal needs. She per­ eral judges, general counsel, and partners sonally logs about 225 hours a month, handling such le­ in large law firms has more than doubled. gal issues as land use, environmental matters, bond Yet women still have a long way to initiatives, utilities management, employment cases, gov­ go before achieving equality in the legal ernment research projects, computer licensing, and com­ profession. According to the ABA report, plicated litigation. women currently account for only about Despite her own rise to the highest ranks ofthe pro­ 15 percent of law firm partners, 10 per­ fession, Zumwalt agrees with Rhode's analysis of the sta­ cent of general counsel, and 5 percent of tus of female attorneys. managing partners of large firms. "Women still "Women lawyers," Zumwalt said, "are mostly, but Furthermore, they are paid less than men, bea rthe greater not all ofthe way, there." eaming about $20,000 a year less than tlleir burden of raising One way to help women lawyers advance, Zumwalt male counterparts. says, is to build flexibility into the workplace. "One of Rhode said that one ofthe difficulties families. So law the major challenges is simply women's lives. For bio­ women face is the fact that the profession firms and emplo­ logical and cultural reasons, women still bear the greater is "experiencing a premature sense ofcom­ yers, including burden ofraising families. So law firms and employers, placency about the status of women including Stanford, need to be flexible with women, and lawyers." She argues that because of that Sta nford, need to men, too, who want to raise families. They need to be complacency, it is imperative tllat the pro­ be flexible with sensitive to that and provide options so women can stay fession renew its conunionent to women women, and men, in the workplace and function at high levels." so they can achieve true equality. Zumwalt says flexibility for lawyers may take the form In addition to the "complacency" is­ too, who want to of billing fewer hours or taking more time off at certain sue, additional barriers to equality-un­ raise families." times oftlle year. "Being a lawyer is a velY demanding job, conscious stereotypes, inadequate access but that doesn't mean you can't do it on less than a full­ to support networks, and inflexible work­ time basis," she stated. place structures---still exist, the report says. Although the future of the profession may not be On the national level, mentoring for crystal clear at this point, it is possible to predict tllat women is inadequate, largely because tlle current trends-the most obvious being the rapid rate upper levels of law firm partnerships are of technological change, globalization, and multidisci­ still dominated by men who normally pre­ plinary functioning-will continue to gain momentum. fer mentoringyounger men orworry about Teaching law today requires the commionent of educa­ the appearance ofimpropriety in mentor­ tors who are committed to providing an encompassing ing young women, accordin g to the report. and interdisciplinary legal education, one that meets the One answer, Rhode says, is to for­ changing needs ofsociety. That educational model is de­ malize mentoring programs so that firms scribed in the s"cono part ofthis article. _

Debra Zumwalt '79, Stanford General Counsel STANFORD LAWYER 19 Why Stanford Law Chooses an Interdisciplinary Educational Approach

LAS Toe TORE R, Stanford Law alumni, faculty, and other legal experts gathered to an­ Bridging legal alyze and discuss the future ofthe profession Education and the at Alumni Weekend 2000. The consensus was Practice of law that Stanford Law School has traditionally "At Stanford Law School, we offer an education kept well ahead ofthe curve in educating the that provides students with broad-based theoreti­ cal knowledge and highly effective practical skills," next generation oflawyers. Sullivan said. "Stanford Law School Emphasizing that Stanford Law students receive advanced training in several disciplines, Dean Sullivan has taken the leadership role pointed out that this interdisciplinary approach pro­ preparing students for vides a strong intellectual as well as practical foun­ in dation, one that promotes the development ofwell­ the excitement and chal­ rounded and flexible practitioners. "Our courses emphasize the business as well as lenges ofpracticing law in the legal aspects of a problem," she said. "Students the 21st century precisely by are taught how to determine the international as well as the domestic ramifications of a transaction. And taking the long view," said they learn how to negotiate as well as litigate." Kathleen M. Sullivan, Indeed, one ofStanford's primary goals, Sullivan says, is filling the gap berween the basic core-build­ Dean and Richard E. Lang ing blocks oflegal education and the practice oflaw. For example, third-year students are immersed Professor of Law and tilt used to be in practical course work and case studies. They not Stanley Morrison Professor that a lawyer's only take classes in intellectual property, for exam­ ple, but also in patent prosecution and copyright lit­ of Law. fi rst two yea rs igation. They learn the laws ofcivil procedure, as well "Forward-thinking and at afi rm were as how to file simulated court documents. "It used to be that a lawyer's first rwo years at a technologically sophisticated apprenticeships, firm were apprenticeships, and you were trained on lawyers will playa key role and you were the job," Sullivan noted. "But finns ofthe future won't have the time or be small enough to do that. Law in both the intellectual and trained on the schools should serve that role." job ... but firms Charles Koob '69, Co-head of the Litigation institutional fashioning of Department at New York's Simpson Thacher & this future," she said, "and of the future Bartlett wants to be sure that law school graduates won't have have the requisite problem-solving skills that law de­ we are perfectly positioned mands. "Fortunately, Stanford is careful not to pro­ to not only keep but also the time or be mote technology to the exclusion ofanalytical train­ small enough ing, so omstudents won't be seduced by the enormous extend our lead in providing amount of information on the Web. Stanford stu­ to do that." dents are taught how to systematically solve the real the absolute best in legal problem that lies at tl1e heart of the legal issue, and education." not just how to find 'the answer' to a legal problem online."

I Kathleen M. Sullivan, Dean and Richard E. Lang Professor of Law and Stanley Morrison Professor of Law 20 FALL 2001 TiJe Flltllre of tiJe l"'ofosioll

Training Tech-Savvy lawyers Technologies," the "Bridging the Digital Divide" confer­ ence, tlle Information Technology Association ofAmerica Stanford Law School is preparing students to be active "Cybercrime Summit," "The U.S. Food and DrugAdmi­ participants in the digital era by providing them with vi­ nistration Comes to Stanford," "The U.S. Patent and sionary faculty, innovative programs, and state-of-the-art: Trademark Office Comes to Silicon Valley,"and "Rein­ facilities, says Barton H. Thompson]r.,]D/MBA '76 (AB venting Commerce 2000." '72), Robert E. Paradise Professor of Natural Resources Law and Vice Dean. "Stanford has a stellar faculty in law and technolo­ Creating aDigital Environment gy who are at the leading edge of research and are play­ On the facilities front, the Law School is ensuring that ing an active role in developing the law that will govern Stanford retains its lead among law schools in the inte­ the emerging issues," said Thompson, who coordinates gration of technology and legal pedagogy by upgrading the Law School's curriculum. all of its classrooms with the latest in information tech­ On the programmatic side, the curriculum includes nology systems, digital interface equipment, and multi­ a wide range of technology-related courses, from elec­ media capabilities (see page 4). tronic commerce and technology as a business asset to free This summer, architects, designers, construction speech in cyberspace and the ethics ofcloning. workers, and tedmicians swamled into the classroom build­ According to Duane Quaini '74, Chair of Sonnen­ ing to knock out walls, build in video screens and moni­ schein Nath & Rosenthal and Vice-Chair of the School's tors, and implant an optic-fiber and wireless backbone into Board ofVisitors, "The Law school has made a major ef­ the facility's infrastructure. fort: ... to be the leader in teaching cours­ Faculty and students will be es like e-business and patent law, which provided with the most modern, follows directly from its being located technologically enhanced class­ directly in the heart ofSilicon Valley." rooms on the Stanford campus. On the practical level, one of The totally reconfigured class­ Stanford Law School's newest clinical rooms will support a full range of offerings is the Center for Internet and features, from Internet connec­ Society. FoWlded by cyberlaw expert tivity and video beam projection Professor Lawrence Lessig, the center to full interactive media and dis­ gives students the opportunity to han­ tance learning capabilities. dle public interest litigation in comput­ "Students will use the new er and Internet law under the direction technology-uJCluding video con­ ofattorneyJennifer Granick. ferencing witll judges and policy­ As another example, the well-re­ makers-first in practice and lat­ spected Law, Science & Technology er in the courtroom," Sullivan Program provides students and the le­ explained. "'ATe waited until now gal community with a forum to analyze to reconstmct our classrooms to first learn from otllers how science and technology influence UStanford has astellar what really worked best and also to take full advantage of the economy and culture. faculty in law and the latest in technological developments." Thompson also notes that the Law Building a new, completely cOlUlected Law School School will continue to host major con­ technology who are domlitory and constructing an information resources cen­ ferences, symposia, and meetings. Recent at the leading edge ter-a "library ofthe future," according to Thompson­ events designed to bring together the are facilities initiatives currently in initial stages ofdiscus­ leading experts in the field oftechnolo­ of research and are sion and plalUling. gy have included the National playing an active role The plan for a technologjcally enhanced library is be­ Association of Attorneys General ginning to take shape. "The new library will feamre a core Conference on the "Impact of the in developing the law oftraditional paper-bound material, plus state-of-the-art Internet on the Mission ofthe Attorneys that will govern the digital research technology," Thompson said. "The library General," the Law Review symposium staff will be experts in computer-based research and \\-ill on "Internet Privacy," the Office ofthe emerging issues." provide instruction and assistance to smdents, faculty, and Register ofCopyrights' West Coast pub- alumni." lic hearing on the "Exemption to Pro- The library will feamre digital archiving capabilities hibition on Circumvention ofCopyright to hold special collections, including Stanford's award­ Protection Systems for Access Control wiruling Securities Class Action Clearinghouse, composed Barton H. Thompson Jr., JD/MBA '76 lAB '721, Robert E. Paradise Professor of Natural Resources Law and Vice Dean STANFORD LAWYER 21 ofonline federal securities fraud litigation information, and Sullivan, a strong supporter ofinternational programs, Stanford's Election 2000 digital database. said, "It's an educational imperative to prepare students to "The library will provide a virtual collection of legal be internationally sophisticated lawyers." information unmatched by anything that is currently avail­ Two important internationally focused programs that able," Thompson said. continue to meet with unqualified success are the Stanford Program in International Legal Studies and the Rule ofLaw Taking an International project. SPILS is a rigorous, one-year program for lawyers and other professionals that emphasizes advanced policy re­ Perspective search and an interdisciplinary approach to law. The Rule Stanford Law School is responding vigorously to the effects ofLaw project, sponsored by Microsoft Corp., provides fac­ ofthe internationalization ofbusiness and business-related ulty and students with the opportunity to study economic practices. "We've noticed that an increasing number offirnls development in rule-of-law-based systems by focusing on stress that they want to place attorneys abroad," said Susan legal institutions in transitioning countries. Robinson, Associate Dean for Career Services. International leaders regularly visit the Law School to To meet the demand for lawyers with international meet with students and faculty on issues that reflect global training, the Law School plans to establish a premier in­ concerns and issues. For example, this September, the terdisciplinary program in international law, business, and Stanford Program in Law, Science & Technology and policy. Two new LLM degrees, one with a specialization in Stanford Law School Executive Education presented a one­ Corporate Governance and Practice, and the other in Law, day conference and community roundtable that featured a Science, and Technology, are scheduled for introduction in delegation from the European Patent Office and represen­ fall 2002, pending approval by the University Senate (see tatives of the United States Patent and Trademark Office page 8). who exchanged views on biotechnology and software com­ These degrees are designed to provide highly moti­ pany patent issues. vated and well-qualified internationally trained students Stanford continues to seek out and hire exceptional with graduate-level instruction in corporate and securities faculty with international legal backgrounds to complement law, corporate governance, and corporate finance, orin law, existing as well as new programs. Currently, a search is un­ science, and technology. The programs will consist of in­ derway to fill the new WarrenM. Christopher Professorship dividually tailored sequences of courses selected from the in the Practice of International Law and Diplomacy that Corporate Governance and Law, Science, & Technology was announced at Alumni Weekend 2000. curricula. Although Stanford has a relatively small international law faculty at this time, Thompson says that Stanford pro­ An Interdisciplinary Approach fessors are currently teaching "the most innovative inter­ Over the years, Stanford Law has developed a reputation national law program in the country." Despite its small size, for being the leading law school for "teaching law Stanford Law offers as many international courses as many and-." This interdisciplinary approach provides students as its larger peer institutions. The SLS Application Guide with the comprehensive knowledge matched only by non­ 2002 lists more than 30 international courses that can be law graduate programs at other universities. taken duringa]D student's three-year progralll. International "We provide practical training so that our students can legal issues are also examined within the context of envi­ compete with MBAs and accountants," Sullivan said. ronmental, patent, tax, and labor law courses. "Without a doubt, we have the best business law curricu­ "We're training our students to be effective global lum in the country. Already our students are going to work problem solvers," Thompson said. "Our international cur­ for investment banks and venture capital fimls without need­ riculum includes not only traditional courses such as ing a joint]D/MBA." Transnational Law and International Tax, but also courses Stanford Law students have the advantage of being designed to teach students how to make deals, resolve is­ taught in many courses according to the case study model sues, and influence policy at the global level. These cours­ used successfully for many years by business and public pol­ es include Practicing International Law in Developing icy schools. According to Thompson, integrating case stud­ Economies and Practice in International Non-Govern­ ies into the curriculum strengthens problem-solving skills. mental Organizations." "Cases are chosen to hone in on specific issues and skills," "We're not in New York or Paris, so we have to bring he said. "Based on real legal matters, the cases are rich in international polieymakers here," Sullivan explained. "To facts and require students to take on the roles of actual expose students to the increasingly global economy, we'll lawyers and policy makers. "Figuring out solutions to real­ continue to bring in international visitors and present in­ life problems also teaches students fundarnentallawyering ternational events at every opportunity." skills, such as investigating facts, counseling, and resolving

22 FALL 2001 Tbe Flltllre of tbe P"ofessioll ethical dilemmas. choosing a career in public service law, Stanford Law "We teach legal problems in aU School has developed one of the most generous loan their messy variety," Sullivan said. repayment assistance programs in the country, the Miles "Our faculty present students with and aney Rubin Loan Forgiveness Program. "Thanks problems that do not appear on a to the generosity of our alumni, Stanford makes it fi­ neatly organized law school syllabus." nancially feasible to pursue public interest careers and The Law School continues to will continue to do so," said Thompson. offer new joint programs with oth­ er departments within the Women Faculty University, among them programs in environmental science and pol­ Reaching Back icy, and in bioscience and law. Stanford women law students have great role models, including the Dean and the faculty, says Deborah Serving the Zumwalt '79, Stanford's General Counsel. She adds that Dean Sullivan is continuing to set the academic Public Interest and practical pace for women law school deans through­ Public service "is a matter of atti­ out the nation. tude, and Stanford Law School has Each woman faculty member at Stanford has made always promoted pro bono work," significant conu'ibutions to the legal profession through Quaini said. "Itwas true in the 'dark outstanding scholarship, research, practice, and men­ ages' when I was a student, and it's toring. Professors Deborah L. Rhode and Barbara A. true now. The Law School engen­ Websites designed to Babcock, in particular, have closely examined issues re­ ders that commitment, and it per­ lated to women and the profession. Rhode, the Ernest meates the curriculum both infor­ keep women in the law W McFarland Professor ofLaw, is Chair ofthe American mally and formally." Bar Association's Commission on Women and the In support ofits public interest connected include the Profession and founder of the school's Women in the commitment, Stanford recently ex­ Women in the Legal Legal Profession website project, which features publi­ panded the number of career serv­ cations, research, projects, and model policies about ices advisors who help guide students Profession project women attorneys. Babcock, the Judge John Crown to public interest jobs. In addition, (http://women law. Professor of Law, started the Women's Legal History several new clinical faculty have been stanford.edu), recently Biography Project, an online historiography ofwomen hired. And the Law School plans to lawyers that grew out of her course on women's legal recognize sUldents who undertake developed by Professor history. personal pro bono work during all Deborah L. Rhode, chair OnMarch 8, 2002, the Law School will host its first three years. event to celebrate the accomplishments and role of The "Lawyer Heroes" speak­ of the ABA Commission Stanford women in the profession. The historic gala cel­ er program has consistently un­ on Women and the ebration will coincide with a Conference on Women derscored the importance of pub­ Lawyers and Leadership, with the keynote address to be lic interest service by presenting Profession, and the presented by Professor Rhode. lawyers who provide students with Over the years Stanford has maintained a tradition illustrations of the legal, practical, Women's Legal History of providing alumnae mentoring for women law stu­ clinical, and human dimension of Biogra phy Project, dents. Women ofStanford Law, for example, has put in particular cases they have worked place an attorney-student mentoring program that con­ on. Speakers in the Lawyer Heroes developed by Professor nects women students with local female attorneys. series help students understand that Barbara W. Babcock Approximately 75 practitioners representing multiple it is possible to serve the common practice areas participated in last year's program. good while pursuing a public- or (www.stanford.edu/ Stanford Law continues to improve its position as private-sector career. groupIWLHP/). one of the leading law schools in the nation because it "We also offer practical cours­ responds thoughtfully and purposefully to the changing es in administrative and govern­ needs ofsociety by providing the theoretical knowledge ment law to teach our students how and practical skills necessary for a personally and pro­ to put pressure on public entities," fessionally rewarding legal career. _ Sullivan said. Leslie A. G01'don (AM '98),fimnel'ly rt jJTrtcticing attor­ To lessen the financial impact of ney, is aJreelrt12Ce w1'iteT living in Srt7l Fm7lcisco. IL 'Deborah L. Rhode, Ernest W. McFarland Professor of Law STANFORD LAWYER 23 Professors in Print Excerpts from faculty publications, quotations, and commentaries

JOHN H. BARTON '68, George E. being accorded a hearing or access to a lawyer. Osborne Professor of Law, on the dropping "Promptreintroduction and passage ofthe of a lawsuit by pharmaceutical companies Refugee Protection Act should be a high pri­ against South Africa, paving the way for cheap­ ority [ofthe Bush administration]. The legis­

er medication to combat AIDS, in the Los lation merits the support of liberals and con­ Angeles Times: servatives alike." "... it does say something ahout whether

it is feasible to defend patents in developing JOHN J. DONOHUE III, Professor ofLaw nations ravaged by disease." and John A. Wilson Distinguished Faculty Scholar, on "Understanding the Reasons for

BERNARD S. BLACK '82, Professor of and Impact ofLegislatively Mandated Benefits obey rules ... and my experience as a prose­ Law, on "The Legal and Institutional for Selected Workers," in the Sta/1ford Law cutor was that most try their best to obey this Preconditions for Strong Securities Markets," Review: one. The real difficulty with the disclosure rule in the UCLI Law Review: "The requirement for the optimistic con­ is that it is almost impossible for prosecutors "In economic jargon, securities markets clusion to go through, however, is that in tlle heat ofa case to know exactly what the are a vivid example of a market for lemons. antidiscrimination law is fully effective in pro­ rule requires them to disclose." Used-car buyers can observe the car, take a tecting the wage and employment levels oftlle

test drive, have a mechanic inspect the ca r, and disadvantaged workers who will receive the ac­ RONALD GILSON, Charles]. Meyers ask others about their experiences with the commodation mandates. Without tlle protec­ Professor of Law and Business, on "A Long same car model or manufacturer. By compar­ tion of fully effective antidiscrimination law, Non-Compete Battle," in tile Los Angeles Times: ison, a company's shares, when the company accommodation mandates will always lower "Let's say you are a really clever engineer first goes public, are like an unobservable car, the wages or the employment levels ofthe dis­ in Massachusetts... you have an idea, but also produced by an unknown manufacturer, on advantaged workers, or both." a non-compete. You are smck. Ifyou move to which investors can obtain only dry, written California, you can do it.... If you've found

information that they can't directly verify." GEORGE FISHER, Professor of Law, on somebody you really want, you can, in effect, "What Prosecutors Can't Hold Back," in the launder the candidate tllrough California."

TOM CAMPBELL, Professor of Law, on New Yo1'k Times:

"Deported \Vithout a Hearing," in the San "Prosecutors are only human-and what's WILLIAM B. GOULD IV, Charles A. Francisco Cbl''01zide: worse, they're lawyers. Years ofpitched court­ Beardsley Professor ofLaw, on "The Politics "Now, under the new law, commonly room battles have honed their natural desire and Law ofWorker Rights," in the Multina­ known as 'expedited removal,' persons who to win. So when the Supreme Court says they tional Monitor: are entitled to asylum under U.S. laws, who have to mrn over any evidence that might help "The number one problem in labor law are legal residents, and even some U.S. citi­ the other side, their strongest instincts rebel. today is the nature of the employment rela­ zens, have been barred from entrywitllout ever And yet prosecutors also have an instinct to tionship and the use of contingent workers,

24 FALL 2001 frequently through third parties like company, in the Cbattanooga Times: Era," in the UCLA Law Review: manpower agencies, which has made "You begin to put a figure in Americans' "... we argue that the government should organizing more difficult." minds about what might be an appropriate resist efforts by cable companies to leverage jury award." their control over cable lines into control over

HENRY T. GREELY (AB '74), adjacent markets, such as tlle market for ISPs. Professor ofLaw, on "The Revolution PAMELA S. KARLAN, Kenneth and If cable companies are allowed to dictate a in Human Genetics: Implications for Harle Montgomery Professor of Pu blic consumer's choice of an ISP, and therefore Human Societies," in the South Interest Law, on the U. S. Supreme Court's eliminate competition among ISPs in the Crl1'o!il1a Lmv Review: possible use of tlle equal protection clause in broadband market, prices will increase and "VVhat if we can cure the physi­ affirmative action cases, in the Srm Francisco innovation will be harmed." cal diseases ofold age before we cure Daily J07l7'71rd: some of the mental deterioration and "If the court is willing to let North ROBERT L. RABIN, A. Calder Mackay we end up with a country with tens of Carolina t,lke race into account in allocating Professor of Law, on negligence lawsuits millions of demented nonagenarians political power, then it makes sense to take a against gun makers in CaJiforni'l, in the San and centenarians? Even before we get similar tack on higher education. There, too, Jose lVIel'w1) N/?"ilJs: to that stage ... who is going to get allowing race to be one factor among many "Certainly, the more substantial the ar­ these drugs in a country where ap­ can help expand democracy by integrating gument that the product was over-promot­ proximately forty-four million Americans elite instimtions." [In Easley v. Cl'olllfl1tie, the ed, or its use was particularly dangerous, the have no health insurance? ... Even if we do U.S. Supreme Court held tl1at race could not stronger the argument is for getting beyond adopt universal coverage and decide that peo­ be the predominant factor in how a state drew the obstacle that it was a third party that caused ple with low-cost health insurance or people political districts.] the ha I'm." without health insurance will have access to tllese drugs, what about the ninety-five per­ MARK G. KELMAN, Willi,lm Nelson DEBORAH L. RHODE, Ernest W. cent of the human species that lives outside Cromwell Professor of Law, on "Market McFarland Professor ofLaw, on the pipeline of the United States?" Discrimin,ltion and Groups," in tlle Stal1jin'd for women to the upper ranks of the legal Law Revi/?"ilJ: profession, in the ABA Jozw1'/aI:

J 0 SEPHGRUN DFE ST '78, W. A. "Victims of simple discrimination pos­ "The pipeline leaks. .. and if we wait

Franke Professor of Law and Business, on ,1 sess what I will describe as a fairly strong, un­ for time to correct the problem, we will be federal judge awarding lead counsel position circumscribed 'right' to be free from such waiting a velY long time." by auction in a class action case, in the Legal u'eaunent [discrimination in the marketplace], [melligellce1': while those seeking accommodation possess, KATHLEEN M. SULLIVAN, Dean and "VVhat tlle order does is lay b,lre the real in essence, a colorable 'claim' on social re­ Richard E. Lang Professor ofLaw and Stanley economics of plaintiffs' class actions.... sources that competes with a variety of oth­ Morrison Professor of Law, on answering Competitive counsel are submitting rates that er claims on such resources, a policy 'argu­ questions before an aggressive appeals court are significantly ... lower tllan the benchmark." ment' to be balanced against other prudential bench, in the National Law Jou17lal: arguments." "The only reason to be at an argument DEBORAH R. HENSLER,]udge]ohnW is to answer the judges' questions. Don'twor­ Ford Professor of Dispute Resolution, on a LAWRENCE LESSIG, Professor ofLaw, ry about getting your argument in.... Think $3-billion judgment in the largest lawsuit on "The End ofEnd-to-End: Preserving the of it not as a speech, but a conversation in brought by an individual against a tobacco Architecture ofthe Internet in the Broadband which you are trying to allay their fears.".

STANFORD LAWYER 25 Barba'ra Allen Babcock and Al'bitration to Prevent Deadly Conflict; conseil et performance corporative," Couver­ Judge Johll C"own P"ofesso,' of Law "Biotechnology and International Trade: nance; "Strengthening Brazil's Securities PUBLICATIONS Two Examples," WOrld Trade Fontm; "Re­ Markets," Revista de Direito lVlercantil, with Thomas C. Grey, "In Honor ofPaul forming the Patent System," Science; with £Conomico eFinanciero Oournal ofCommer­ Brest," Stanftrd Law Review; "Real Melanie C. Greenberg, "Lessons ofthe cial, Economic and Financial Law); "Do Revolution," Findlaw VV1it Commentary; in Case Smdies," WOrds Over Uizr: Mediation Corporate Governance Norms Matter? A Encyclopedia ofthe American Constitution (2d and Al'bitration to Prevent Deadly Conflict; Crude Test: Using Russian Data," University edition): "Argesinger v. Hamlin"; "United "Rational Limits on Genomic Patents," ofPennsylvania Law Rel'iew; with Reiner States v. Ash"; "Betts v. Brady"; "Escobedo v. Nature Biotechnology; "How Can the Deve­ Kraakman, "The Irrationality ofDelaware Illinois"; "Fa7'etta v. Califo17Zia"; "H-uit ofthe loping World Protect Itself from Biotech TakeoverJurisprudence," Northwestem Poisonous Tree"; "Johnson v. Zerbst"; "Kirby v. Patent-Holders?", Nature; with Kenneth S. University La7v Revie-t1J; with Sanjai Bhagat, Illinois"; "Lineup"; ''Massiah v. United States"; Fischer, Gurdev S. Khush, Hei Leung and "Board Independence and Long-Term "Powell v. Alabama"; "Pretrial Disclosure"; Ronald CantrelJ, "Genorrllcs and Agri­ Perfonnance,"Jozwnal ofC01·poration Law; "United States v. Uizde" culture: Collaborations in Rice," Science "The Corporate Governance Behavior and Market Value ofRussian Firms," Emerging loseph Bankman Bernard S. Black '82 Markets Review; "The Core Fiduciary Duties Ralph M. Panons p·,.ofesso,· of Law a.nd P,·ofesso,· of Law ofDirectors," Asia Business Law Review; Business PUBLICATIONS "Corporate Law and Residual Claimants" PUBLICATIONS "The Legal and Instimtional Preconditions (working paper); "Corporate Governance in "The Economic Substance Doctrine," for Strong StockMarkets: The Nontriviality Korea at the Millennium: Enhancing Southern Calif(yrnia Law Review; "What Can ofSecurities Law," John M. Olin Program in International Competitiveness," Journal of We Say About A Wealth Tax?", Tax Law Law and Economics, Working Paper No. 179; C01poration Law, Journal ofKorean Law Review "The First International Merger Wave (and the Fifth U.S. Wave)," University ofMiami Paul Brest lohn H. Barton '68 Law Review; "Is This the First International P1'ofesso1'" of Law tl1ld Dean Emeritus Geo"ge E. Osbon" P,·ofesso,· of Law Merger Wave?", M&A Lawyer; with Sanjai PUBLICATIONS PUBLICATIONS Bhagat, "Is There a Relationship Between in Encyclopedia ofthe American Constitution (2d with Melanie C. Greenberg and Margaret Board Composition and Finn PerfOlmance'" edition): "Legislation"; "Constimtional E. McGuinness, WOrds Over Uizr: Mediation published in French as "Independance du Interpretation"

26 FALL 2001 Tom Campbell Litigation," Institute for Justice's Annual George Fisher P"of'sso" of Law Summer Public Interest Litigation Confe­ P"ofesso,' of Law PUBLICATIONS rence, Georgetown University; "Informal PUBLICATIONS "Our Patients Deserve Better Health Care," Guarantees in High-Technology Finan­ "What Prosecutors Can't Hold Back," New The Hill; with Robert Rubin, "Deported cing: The Case of Silicon Valley York Times Without a Hearing," San Fmncisco Ch1,'onicle; Commercial Real Estate," at Vanderbilt "Let's Stop Energy Blame Game and Get University of Law, Stanford Business Richard Thompson Ford CAB '88) Practical," Silic01'1 Valley/San Jose Business School, Stanford Law School, Stanford PTofesso,' of Ln1v Jozn-nal Economics Department, George Mason BOOKS LECTURES AND PRESENTATIONS University School of Law's Faculty Law & with Nicholas Blomley and David address at the California Public Policy Insti­ Economic Colloquium, American Law & Delaney, The Legal Geographies Reade1': tute on the War Powers Clause of the U.S. Economics Association; with Joseph Law, Powe1' and Space Constitution, San Francisco; "Antitrust Laws Bankman, "Venture Capital Investment PUBLICATIONS and the Medical Profession," American Aca­ Bust: Did Agency Costs Playa "Down By Law," Boston Review; demy ofGeneral Surgeons, Toronto, and Role? Was It Something "Race as Culture? Why Not''', Connecticut State Medical Society; "The Lawyers Helped Structure?", UCLA Law Review; "Save the Role ofCongTess in Foreign Policy," Council Chicago-Kent College of Law; Robots: Cyber Profiling and on Foreign Relations, New York (panel dis­ "The Natural LawJurisprudence Your So-Called Life," Stanford cussion); "Lessons about Congress You Only ofMalcolm X," University of Lm<' Review; in The Legal Geo­ Learn by Being There," Stanford Law Alum­ Virginia Law School; "Bank­ graphies Reader: Law, Power and ni ofChicago; Toastmasters International ruptcy as a Vehicle for Exploring Space: "State Formation and Public Service Award for the Western U.S. Other Values," Association of Legal Centralization: Intro­ Region American Law Schools duction"; "The Boundaries of Workshop on Bankruptcy Race: Political Geography in Legal Gerhard Casper Analysis"; "Where is Law?" Pl'ofessor of Lf/?V IIlld P1"esidcllt Emeritu." John 1. Donohue III PUBLICATIONS P"ofesso,' of Lnw nnd JOhl1 A. Wil.rol1 MarcA. Franklin "Constitutionalism," Encyclopedia ofthe Distinguished Faculty Sehola,' Fudt1'iek J. Rieh",nn PTofesso" of La1v Al1te1'1can Constitlttion (2d edition); with PUBLICATIONS aud Acnde11tie Coordinflto,' Henry Muller, "I Have Had At Least Nine with Steven Levitt, "The Impact ofLegaliz­ BOOKS Jobs," Fortune Magazine; "In Memoriam: ed Abortion on Crime," Quarterly Journal of with Robert L. Rabin, 7017 Law and Edward H. Levi (1912-2000)," University of Econrmtio'; "Understanding the Reasons for Alternatives: Cases and Mate17als (7th edition) Chicago Law Review and Impact ofLegislatively Mandated Bene­ fits for Selected Workers," Stanfo1'd Law Lawrence M. Friedman William Cohen Review Ma,'iol1 Rice Ki7'kwood P"ofesso,' of Law C. Welldell aud Edith M. Cads",ith LECTURES AND PRESENTATIONS PUBLICATIONS P,·ofesso,. of Lnw, E11Ie,.itlls "Racial Profiling: Defining the Problem, "A Dead Language: Divorce Law and PUBLICATIONS Understanding the Cause, Finding the Practice Before No-Fault," Virginia Law in Encyclopedia ofthe Ame-I'1can Constitution (2 d Solution," American Society of Crimi­ Review; "The Nature and Legitimacy of edition): "Economic Due Process"; nology Conference, San Francisco; Modern Law: Some Comparative and "Economic Equal Protection"; "Fourteenth "Institutional Architecture for Building Global Perspectives, Comparative Law," Amendment, Section 5 Gudicial Construc­ Private Markets," Conference on Latin .A Multi-Cultural World: View for the New tion)"; "Clerks"; "William O. Douglas"; America and The New Economy, Diego Centu1Y; "A Moving Target: Class, Gender "Preemption"; "Right to Travel (update)" Portales University, Santiago, Chile; and Family Law in the Nineteenth-Cen­ "Do Concealed Handgun Laws Reduce tury United States, Private Law and Social G. Marcus Cole Crime?", Stanford Law School Faculty Inequality," The Industrial Age: Compaz-'ing Associnte PTofesso,' of Law Workshop; "The Impact of Legalized Legal Cultzl1'es in B1'itain, France, Gemzany PUBLICATIONS Abortion On Crime," University of and the United States ofAmerica; "J. Willard "Confessions ofan Undesirable Do\mtown California at Berkeley Law School, Hurst" and "Legal Culture," Encyclopedia Customer," Pittsbu1·gh Post-Gazette; "The Cornell Law School Faculty Workshop, ofthe American Constitution (2d edition); Federalist Cost ofBankruptcy Exemption Stanford Medical School, Center for "Verso una Sociologia del Diritto Trans­ Reform," Ame-rican Bank111ptcy Law Journal Advanced Studies in the Behavioral nazionale," Finzione e Utopie: Diritto e LECTURES AND PRESENTATIONS Sciences Diritti Nella Societa Contempomnea, a cura "Economic Analysis in Public Interest di Roberta Dameno el'vlassimiliano Verga

STANFORD LAWYER 27 The Faculty

Ronald 1. Gilson 'Round the World (with Apologies to Soccer Conference; "The Social Implications ofthe Charles J. Meyen P"Ofesso," of Law and and Bobby Thomson)," Indiana Journal of Strength or Weakness ofGenetic Associa­ Business Global Legal Studies; "Lochnerv. New York" tions to Common Disease," Kennedy School, PUBLICATIONS and "Workers' Compensation Legislation," Harvard; "Legal and Social Issues in Human "Unocal Fifteen Years Later (and What We Encyclopedia ofthe American Constitution (2d Genetics Research with Native Americans," Can Do about It)," Columbia Law and edition) University ofColorado Health Sciences &onomics Working Paper No. 177 and Center conference; "After the Human Stanford Law and Economics, Olin Reseanh Henry 7: Greely (AB '74) Genome," Knight Fellows Progranl, Stan­ Paper No. 201 ProfeSIo,' of Law ford University; "Barriers to PharnlacoGe­ PUBLICATIONS nomics in Integrating Genomics Tech­ Paul Goldstein "Genotype Discrimination: The Complex nologies in Healthcare: Practice and Policy Stella Wand Ira S. Lillick P"ofesso,' of Law Case for Some Legislative Protection," Challenges," Banbury Center, Cold Spring BOOKS Pennsylvania Law Review; "The Revolution Harbor Laboratories, New York; "Ethical International Copyright: Pri1uiples, Law and in Human Genetics: Implications for Issues in Human Genetics" (panel), Institute Practice; Copyright (2d edition); International Human Societies", South Carolina Law for Genomic Sciences and Policy, Duke Legal Materials on Intellectual Property; Review; "Human Genomics Research: New University; "Legal and Ethical Issues in International Intellectual Property Law; Challenges for Research Ethics", Perspec­ Large-Scale Human Genetics Research," Copyright's Highway: From Gutenberg to the tives in Biology and Medicine; "Ethical Issues National Institute for Environmental Health CelestialJukebox (Chinese transla­ in the Human Genome Diversity Sciences, Durham, N. c.; "Ethical and Legal tion) Project", The Encyclopedia of Issues in Human Genetics Research," Pink­ PUBLICATIONS Ethical, Legal, and Social Issues in ham Conference, Swedish Medical Center, "Comment on Lessons from Biotechology; "Human Genome Seattle, Wash.; "Ethics in the Bioscience Studying the International Diversity: What about the Other Boardroom: Conflicts and Opportunities," Economics ofIntellectual Human Genome Project?", American Society ofHumanities and Property Rights," Vanderbilt Law Nature Reviews Genetics; "Court's Bioethics annual meeting, Salt Lake City, Review; with Edmund W. Kitch Intervention Breaks the Faith", Utah; "Social Issues in Human Genetics," and Harvey S. Perlman, Selected San Jose Mercury News; "Genes Johnson and Johnson Health Care Lecture, Statutes and International and Liberty: Commentary on Dr. University ofSouth Carolina; "Legal Issues Agreements on Unfair Competition, Trademm'k, Jacobs", PHAROS; "Trusted Systems and in Human Genetics Research: The Present Copyright and Patent; "Music Firms May Medical Records: Lowering Expectations," and the Future," Third HUGO Pacific Stop Napster, But Not the Advance of Stanford Law Review; "A Revolution in Meeting, Fourth Asia-Pacific Conference on Technology," New York Times; chapter con­ Understanding How Life Works," San Human Genetics, Shanghai, PRC tributor, Quellen des Urheberrechts Diego Union Tribune; "Individualizing LECTURES AND PRESENTATIONS Medicine Through PharamacoGeno­ 10seph A. Grundfest '78 Distinguished Intellectual Property mics-Are There Ethical concerns?", "The WA. Franke P"ofesso," of Law and Business Lecturer, Case Western Reserve Law Business Case for PharmacoGenomics"; PUBLICATIONS School; keynote address, Intellectual with Simon N. Whimey, Byron W Brown, with Paul A, Griffin and Michael A. Perino, Property in the Digital Age Conference, Howard Brody, Kirstein Alcser, Jerald "Stock Price Response to News of Securities Waseda University, Tokyo Bachman, "Views of the United States Fraud Litigation: Market Efficiency and the Physicians and Members of the American Slow Diffusion ofCostly Information," William B. GouldW Medical Association House ofDelegates Stanford Law and Economics, Olin U7arking Charles A. Bea"dsley Toward Physician-Assisted Suicide", Paper No. 208; "The Future ofUnited States p'"ofesso,' of Law Journal ofGeneral Intenlal Medicine Securities Regulation in an Age of BOOKS LECTURES AND PRESENTATIONS Technological Uncertainty," Stanfol od Law Labored Relations: Law, Politics "New Social Issues in New and Economics Olin U7a1-king Papel- No. 210 and the NLRB- A Memoir Human Genetics Research: Of PUBLICATIONS Iceland and ofEverywhere," Gerald Gunther "Borking-Then and Now," Eccles Institute ofHuman William Nelson C"omwell P,·ofeSIo,· San Francisco Chronicle; "The Genetics, School ofMedicine of Law, Eme1"itus Third Way: Labor Policy be­ Seminar Series, University of PUBLICATIONS yond the New Deal," University Utah; "The Human Genome ''Judge Learned Hand and President ofKansas Law Re'uiew; "Baseball Diversity Project and Native Theodore Roosevelt," The Spi17t ofAmerican and Globalization: The Game American Peoples," Arizona State Law; "A Risky Moment for the Court," New Played and Heard and Watched University Genomics York Times; "Noel T. Dowling," "Learned

28 FALL 2001 The Faculty

Hand," "Judicial Review," Encyclopedia ofthe Court Casts Its Votes," New Kwk Times; Michigan; "Issues ofthe 2000 Election," Ame'rican Constitution (2d edition) "How Should U.S. Supreme Court Rule? Nevada Bar Continuing Legal Education LECTURES AND PRESENTATIDNS Court Right to Side with Gore," USA Today; Program; AALS Town Meeting panel on the Visiting Faculty, Toin University ofYoko­ "Outracing the Past," The American Lawyer; 2000 election, section panel on Criminal hama and Osaka University (Stanford-Toin with Richard Posner, "The Triumph of Justice and Constitutional Law, panel on program); Visiting Professor, Benjamin N, Expedience: How America Lost the Election Sixth Amendment; "The Soul ofa New Cardoza School ofLaw to the Courts," Harper's Magazine; "Review: Political Machine," University of Chicago; One Drop ofBlood: The American Mis­ panel on "The Irony ofImmunity," Stanford Thomas C. Heller adventure ofRace (by Scott L Malcom­ Law Review:S Eleventh Amendment and Fe­ Lewis Talbot a"d Nadine Hea,." Shelton son)," The American Lawyer; "The Future of deralism Conference; "The Sensory Fourth P,-ofesso,- of hztenwtional Legal Studies Voting Rights Litigation," Ce11SUS 2000: Amendment," University ofVirginia; PUBLICATIONS Considerations and Strategies for State and Local "Nothing Personal: The Evolution ofthe with C Zhang and M. May, "Impact on Government, "The Irony ofImrnunity: The Newest Equal Protection," sponsored by Global Wanning ofDevelopment and Eleventh Amendment, Irreparable University ofNorth Carolina Law Structural Changes in the Energy Sector of Injury and Section 1983," Stanford Review; panelist and commenta­ Quangdong Province, China," Ene1'g)' Policy Law School, Public Law Working tor at University ofColorado (forthcoming); with Abraham Sofaer, Paper No. 13; with Eben Moglen, conference on the 2000 election; "Sovereignty: The Practitioner's Perspec­ "The Soul ofa New Political presentation on alternative voting tive," Problematic Sovenignty; "Change and Machine: The Online, The Color systems at the Center for Voting Convergence: Is American Immigration Still Line and Electronic Democracy," and Democracy conference on Exceptional?", Citizenship in a Global World Loyola-Los Angeles Law Review; instant runoffvoting; panelist at "Line-Drawing Case Signals University ofCalifornia at Santa Deborah R. Hensler Justices' New Willingness to Cruz on race and the 2000 elec­ Judge Jolm W Fod P'-ofesso,- of Consider Race," Dairy Jou17lal; "Supreme tion; panelist at McGeorge School ofLaw Dispute Resolntio" Court:S Incursion was ot eeded," 36 conference on the 2000 election; commenta­ PUBLICATIONS Days: The Complete Chronicle ofthe 2000 tor at Florida State College ofLaw confer­ with Judith Resnik, "Contested Identities: Presidential Election CI7sis; "The Court Casts ence on the 2000 election; panelist at Task Forces on Gender, Race and Ethnic Its Vote," Bush v. Gon: The Court Cases and University ofMichigan Journal ofRace and Bias and the Obligations ofthe Legal the CommentalY; "Equal Protection: Bush v. the Law conference on race and reappoint­ Profession," Ethics in Practice: LawyeTS' Roles, Gore and the Making ofa Precedent," The ment; panelist at the Second Amendment: Responsibilities and Regulation; "ADR at the Unfinished Election of2000; "The Newest History, Evidence and the Constitution, Crossroads," Jozl1'"nal ofDispute Resolution Equal Protection: Regressive Doctrine on a Stanford University; presentation at Uni­ Changeable Court," The Vote: Bush, Gore and versity ofSouthern California-Caltech con­ Pamela S. Karlan the Supreme Court; "Nothing Personal: The ference on elections on "From DemoC1'acy and Kenneth a"d Harle N[ontgome7'Y P'-ofesso,- of Evolution ofthe Newest Equal Protection Dist17J5t to Distrust ofDemocracy: The Public l"te,.est Law from Shaw v, Reno to Bush v. Gore," North Supreme Court's View ofPolitics and Equal PUBLICATIONS Carolina Law Review; "The Right to Protection"; testimony before the ational with Samuel Issacharoff and Richard H. Counsel," Encyclopedia ofCrime and Justice Commission on Election Reform on Con­ Pildes, When Elections Go Bad: The Law of LECTURES AND PRESENTATIONS gressional Power to Regulate Elections and Democracy and the Presidential Election of2000; "The Irony ofImrnunity," University of Related Civil Rights Issues; presentation be­ with Penda D. Hair, Redistrictingfor Inclusive Southern California; "Contemporary Voting fore Lawyers Committee for Civil Rights Democracy: A SUl'vey ofthe Voting Rights Rights Issues," Stanford University Center Under Law Conference on Civil Rights and Landscape and Strategies fo1' Post-2000 for the Study ofRace and Ethnicity Public the Supreme Court's Eleventh Amendment Redistricting; with Samuel Issacharoff and Policy Leadership Institute; "Civil Rights and Section 5 decisions; presentation before Richard H. Pildes, The Law ofDemocracy: and Civil Liberties Issues in the 1999 the Arizona Judicial Conference on Legal Structu1"e ofthe Political Process (2001 Supreme Court Term," NAACP Legal Federalism, State Courts and Bush v, Gore supplement); with Geoffrey R Stone, Louis Defense and Educational Fund Civil Rights M. Seidman, Cass R Sunstein and Mark V Training Institute; "Equal Protection Clause Mark G. Kelman Tushnet, Constitutional Law (4th edition, and Police Practices," FBI National William Nelson C,-omwell P"ofesso,- of Law 2001 supplement); with John C Jeffries']r., Academy; "The Soul ofa New Political PUBLICATIONS Peter W Low, and George A. Rutherglen, Machine," Loyola-Los Angeles Law School; "Interpretive Construction in the Substan­ Civil Rights Actions: Enforcing the Constitution "Redistricting Supervisorial Districts," Santa tive Criminal Law," Philosophy ofLaw; with (2001 supplement); "The Court Finds Room Clara County Redistricting Commission; Yuval Rottenstreich and Amos Tversky, for Racial Candor," New Kwk Times; "The "The Irony ofImmunity," University of "Context-Dependence in Legal Decision

STANFORD LAWYER 29 The Faculty

Making," Behavioral Law and Economics; Architecture ofthe Internet in the Compliance," Georgetown Law JOlwnal; "Book Review: From Contract to Broadband Era," UCLA Law Review, U C. "The Duty Concept in Negligence Law: A Covenant: Beyond the Law and Economics Be1·keley Law & Econonzics Reseanh Pape1' No. Comment," vander'bilt Law Review ofthe Family," Journal ofEcononzic Litera­ 2000-19; Stanford John M. Olin Wol·king LECTURES AND PRESENTATIONS ture; "Market Discrimination and Groups," Pape1' No. 207; in The Industry StarlcUlrd: "Duty and the Structure ofNegligence," Stanford Lmv Review; "The Moral Foun­ "Adobe in Wonderland"; "Copyright Vanderbilt Law School; "Prospects for the dations ofSpecial Education Law," Re­ Thugs"; ''Just Compensation"; "The Rules Tobacco Industry on the Litigation Front," thinking Special Education; "The Uses and ofPolitics"; "Government Property: The Substance Abuse Policy Research Program, Limits ofthe 'New' Law and Psychology" Bureaucrats in Washington Don'tJust Break Robert Wood Johnson FOlmdation, AnnuJI (working paper); "IfThey Built a Good Monopolies ... They Also Make Them"; Meeting; "Civil Litigation Against Gun Hedonimeter, Would Anyone Want It?" "Limits ofCopyright"; "A Letter to Bill"; Manufacturers," University ofArizona Law (working paper) "The Rules ofLaw"; "Right Back at Ya"; School; "Tobacco Tort Litigation: The LECTURES AND PRESENTATIONS "Behind the Curtain"; "Copyrights Rule: Third Wave," Pepperdine University Law panel speaker, AALS Annual Convention Courts Are Racing to Enjoin Alleged School; "Some Thoughts on the Impact of Law and Economics section; keynote speak­ Violators ofCopyright Law, Taking No Tobacco Litigation," DePaul University er, Progressive Policy Institutefrhomas B. Account ofthe Effects on the Development Law School Fordham Foundation conference on "Re­ ofthe Internet"; "The Rules ofPolitics" thinking Special Education for the 21st Margaret lane Radin (AB '61) Century" lohn Henry Merryman W7II. Benja1llin Scott n.nd Lll1Ia }\II. Scott Nelson Bowman SweitzC1' and tVla"ie B. P,-ofesso,' of Law Michael Klausner SweitzC1' Professor of Law, EmC1'iws PUBLICATIONS Professor of Ln.w and Bernard D. Be'rg,-een BOOKS "Suspended in Space," The Legal Geographies Fn.culty Seho/n.,· Thinking About the Elgin Marbles: Reader: Law, POWe1' and Space; with PUBLICATIONS Critical Essays on Cultural Prope1Ty, Robert D. Fram, and Thomas P "Do IPO Charters Maximize Firm Value? Artand Law Brown, "Altered States: Elecn'onic An Economic Study ofAntitakeover Pro­ PUBLICATIONS Conunerce and Owning the tection in IPOs," Journal ofLa7v, Economics "Law and Development Memoirs Means ofValue Exchange," & Organization; "What Economists Have I: The Chile Law Program," Stanfonl Technology Law Review; Taught Us about Venture Capital," Ame1ican Joumal ofComparative "Residential Rent Control," in The Bridging the Entrepmzezwial Finance Gap: Law; "Law and Development Legal GeogTaphies Reach: La7v, Linking Governance with Regztlat01jl Policy Memoirs IT: Slade," Ammcan POWe1' and Space; "Who's Afraid of Journal ofCrTll1parative Law; "Due Commodification?", Kmnedy Lawrence Lessig Diligence?",IFARJou1'71a1 Institute ofEthics Journal; Professo,' of Law "Incomplete Conunodification in the BOOKS A. Mitchell Polinsky Computerized World," The ConznzodiJication Open Code, Open Culture; The Future ofIdeas: ]osephille Scott C,·ock.,. P"ofesso,' of Ln.w and ofInformation (forthcoming); "Can The Fate ofthe Crmzmom in a Connected World Economics the Rule ofLaw Survive Bush v. Gore?", (forthcoming) PUBLICATIONS Bush v. Gore: The Question ofLegitimacy PUBLICATIONS with Steven Shavell, "Corruption and LECTURES AND PRESENTATIONS with Mark A. Lemley; "Open Access to Optimal Law Enforcement," Journal of "Standardization or Customization? The Cable Modems," Whittier Law Review; Public Econonzics Future of Contract in the Digital World," "Foreword: Cyberspace and Privacy: A New LECTURES AND PRESENTATIONS Robert L. Levine Distinguished Lecture Legal Paradigm)" Stanford Law Review; "AligtLing the Interests ofLawyers and Series at Fordham University School of "Europe's 'Me-Too' Patent Law: Copying Clients," annual meeting ofthe American Law; "Property and Contract in U.S. Legislation on Intellectual Property Law and Economics Association, Cyberspace: The Expanding Universe," Rights Threatens to Inhibit Software Georgetown University Law School Law in the Information Age,U.C.Davis Innovation," Financiallzmes; "The Death of Cyberspace," Washington &Lee Law Review; Robert L. Rabin "Straightjacket on the Jacket?", Washington A. Ca/d,,' Mackay P,·ofes.ro,· of Law Deborah L. Rhode Post; "Let the Stories Go," New York Times; BOOKS En"st W. MeFadand P"ofesso,' of Law "End Game," The New Republic; with Larry with Marc A. Franklin, Tort Lmv and BOOKS Kramer, "Cracking the Microsoft Case," Altmzatives: Cases and Mate1·ials (7th edition) Ethics in Practice: Lawyers' Roles, Responsi­ Boston Globe; with Mark A. Lemley, "The PUB LI CAT ION S bilities and Regztlation; LaWYe1'"S and tbe Public End ofEnd-to-End: Preserving the "Keynote Paper: Reassessing Regulatory H"ust (forthcoming); with Katherine Bartlett

30 FALL 2001 The Faculty and Angela Harris, Gender and chair of Stanford University's La,v Journal; "Lawyer Advice and Client Law (third edition); Balanced Lives: Committee on the Status of Autonomy: Mrs. Jones' Case," Ethics in TiViwkplace Policies fi1' Lmvym Women Faculty Practice: Lawyers' Roles, Responsibilities, and (forthcoming); editor, The LECTURES AND PRESENTATIONS Regulation; "Moral Pluck: Legal Ethics in Diffe1'ence Diffenmce Makes: "Access to Justice," Fordham Popular Culture," Columbia Law Review r#Jmen and Leadership; In the University; "The Difference Interests ofJl/stice: Refilming the Difference Makes," ABA Kathleen M. Sullivan Legal Professirm; Legal Ethics (3d Leadership Surmnit, Kennedy Delln and Richo,'d E. Lllng Professo,' of Law edition) School, Harvard University; lI1ld Stllnley NIo",'ison P"ofesso,' of Low PUBLICATIONS "Women and Work," Thomas PUBLICATIONS "The Profession and its Jefferson School ofLaw, San "Constitutionalizing Women's Equality," Discontents," Ohio State Law Diego, Calif.; "The Unfinished The Record; "One Nation, One Standard Journal; "The Equal Rights Agenda: Women and the Legal Way to Ballot," New York Times; "A Court Amendment," The Spirit of Profession," National Not Easy to Classify," New York Times; Ame1'ican Law; "Dads are Conference ofWomen's Bar "Corporate Power, Free Speech, and Parents, Too," National Law Associations, San Diego, Calif.; Democracy," in Enqclopedia ofthe American Jozl17lal; "The Perils: The Focus "The Vocation ofthe Scholar," Constitutirm (2d edition): "Amending On J\1oney Has Created A Sense Yale Law School; "The Woman Process" (update); "Unconstitutional Of Deprivation That Erodes Question," Yale Humanities Conditions" (update); "Affirmative Action" The Profession," California Center Conference; Phi Beta (update) Lawyel'; "Cultures of Conunit­ Kappa Visiting Lecrures, ment: Pro Bono for Lawyers and Law Willamette University, Purdue University, Barton H. Thompson, Jr. Students," Ethics in Practice: Lawyers' Roles, Wabash College, University ofArizona, lDIMBA '76 (AB '72) Responsibilities, and Regulation, editor; College ofthe Holy Cross Rob,,·t E. Pllrlldise P,-ofesso,' of "What About Poor Women?," National Nllturlll Resources Law and Vice Delln Law Journal; "Step, Wince, Step, Wince," Kenneth E. Scott'5' 6 PUBLICATIONS New York Times; in Encyclopedia ofthe Rolph /VI. Pon01lS Professo,' of Law lind "Markets for Nature," William and Mary American Constitutirm (2d edition): "Equal Business, Ente1"itus Environmental Law and Policy Review; Rights Amendment," "Nineteenth PUBLICATIONS "Wheeling Wars," U0ter Strategist Amendment"; "Looking Forward, Looking "Comments on Regulating Mutual Fund Back," Perspectives; with Charisse R. Lillie, Investor Knowledge," in Restructuring Michael S. Wald "Not Even a Token in This Lineup," Regulation and Financial Institutirms; "What Jllckson Eli Reynolds P,'ofessoT of Low Pe1'spectives: For and About Women Lawyers; Role Is There for Independent Directors of PUBLICATIONS with Charisse R. Lillie, "What's Wrong Mutual Funds?", Villanova JOlwnal ofLmv "Moving Forward, Some Thoughts on with This Picture?", Chicago Daily Law and Investment Nlanagement; "Institutions of Strategies," Berkeley Journal ofEmployment Bulletin; "Equal OpportunityJuries," Corporate Governance: Implications for and Lab01' Law; "Same-Sex Couples: National Law Jou17wl; "Kicking the Socratic Korea," Agenda fir Econornic Refcrrm in Korea: Marriage, Families and Children," Stmifol'd Method and Other Reforms for Law Intematirmal Penpectives; with G. Kaufman, Law School, Public Law and Legal Theory Schools," The Chronicle ofHigher Education; "Does Bank Regulation Retard or Con­ Working Paper No.6; "Children's Rights," "New Ideas, Renewed Cormnitments," tribute to Systemic Risk?," Olin Working Intemational Encyclopedia ofSocial and Perspectives: For and About Women Lawyers Paper Series No. 211; "What Are the Lessons Behavioral Sciences 2; "What Women Voters Want," National from History?" Journal ofInstructional & Law Jozl17zal; "Essay: The Pro Bono Theontical Ecrmomics; "Electronic Commer­ Robert: Weisberg '79 Responsibilities ofLawyers and Law ce Revisited," Stanford Law Review; "Cor­ Edwin E. Huddleson, J". Professor of LIlW Students," William Mitchell Law Review; porate Governance and East Asia," Financial PUBLICATIONS "Legal Education: Professional Interests Markets and Development: The O'isis in "Capital Punishment," Encyclopedia ofthe and Public Values," Indiana Law Review; Emerging Mm'kets American Constitution (2d edition); "Access to Justice," Fordham Law Review; "Reappraising Complicity," Buffalo Criminal "Squeezing the Public Good," ABA William H. Simon Law Review; "The Canon in the Joumal; editor, "The Difference Difference Willillm. W: lind Genrude H. Sannden Curriculum: Criminal Law," Legal Canons Makes: Women and Leadership," and Professo,' of Law LECTURES AND PRESENTATIONS chair, "The Unfinished Agenda: Women PUBLICATIONS Speaker on Literary Criticisms ofLaw, and the Legal Profession," ABA "Thinking Like a Lawyer," Duquesne Law Yale Legal Theory Workshop. Commission on Women in the Profession; Revilr£1J; "Conceptions ofLegality," Hastings

STANFORD LAWYER 31 CLERKSMANSHTP-The Stanford law Society of San Francisco gathered in May in the ceremonial courtroom at the U.S. District Court for the Northern District of California to talk about "What's Happening at the Supreme Court." Addressing the top­ ic were (left to right) Bradley W. Joondeph '94 lAB '901, Kelly M. Klaus '92, Vice Dean Barton H. Thompson, Jr., JDIMBA '76 lAB '721, and Professor lawrence lessig, all of whom served as clerks at the United States Supreme Court. The conversation was mod­ erated by Dean Kathleen M. Sullivan.

HISTORY LESSON-Professor Tom Campbell was the featured speaker at a Stanford law Society of Chicago lun­ cheon held in June. In his presentation, "lessons of Congress," Campbell dis­ cussed some of the more humorous as­ pects of how laws are made, as well as more serious issues, such as whether or not courts' and law schools' presump­ tions about legislative history-and the deference it receives-are justified.

HONORED BY MANY-An "alumni reunion celebration" in honor of former Stanford law Professor and University of Chicago law Professor and Dean Phil C. Neal also took place in Chicago in June. In addition to the Stanford alumni in attendance, many of Neal's former INSID E OUT-In April, the Stanford law Society of Seattle met for a discus­ Stanford students sent tributes to be presented to him that evening. sion titled, "From the Inside looking Out: The In-House Counsel's View of the Neal is pictured with his son, Richard. His son Stephen C. Neal '73, Current legal landscape," featuring (left to right! Ellen Alben '86, Thomas Chair of Cooley Godward llP and Chair of the Dean's Strategic Melling '94, Glenn Blumstein '93, and Meredith lehr. Council of the law School, was also in attendance.

32 FALL 2001 The EndangeredSpeciesAct: A Stanford Environmental Law Society Handbook Stanford University Press

his handbook is a thorough guide to the federal Endangered Species Act, the primary T U.S. law aimed at protecting species of animals and plants from human threats to their survival. It guides the reader through the Act's provisions, including the procedures for listing species and designating their critical habitats, the requirements the Act places on federal agen­ cies, and the scope of protections afforded to listed species. It provides valuable tips for citi­ zens who wish to become involved in application and enforcement of the Act. The handbook also explains how courts have interpreted the Act and the regulations it has implemented over the years.

"This handbook is a comprehensive roadmap to our nation's most powerful environ­ mental law. It is a must for agency officials, lawyers, community activists, business peo­ ple, and public and private land owners-anyone who needs to know what the Endangered Species Act requires, and how to work with others in this most contentious field."

Bruce Babbitt Former United States Secretary ofthe Interior

To order the handbook, contact Stanford University Press via e-mail at http://www.sup.org/order or call 1-800/872-7423. Stanford University Non Profit Organization Stanford Law SchoQI U.S. Postage Crown Quadrangle Paid 559 Nathan Abbott Way Palo Alto, CA Stanford, CA 94305-8610 Permit No. 28

"Perhaps the best conference Stanlfor I've attended in 30 years­ aw chaal congratulations!" EXECUTIVE EDUCATION Richard G. Stevens Managing Director, Hunter Stev LLC On Directors' College 2001

Upcoming Programs United States Patent and Trademark Office Comes to Silicon Valley A one-day program featuring leading officials from the USPTO and local experts exploring current biotechnology, software, telecommunications, and semiconductor patent issues. Spring 2002

Fiduciary College A two-day program for trustees and senior managers of pension and endowment funds on topics such as fiduciary duties and liabilities, board governance, ethical issues, staff accountability, and relationships with sponsors. Spring 2002

Directors' College A two-day program for directors and senior executives of publicly traded corporations offering practical "takeaway" pointers that can be applied quickly and profitably to a range of boardroom issues. Spring 2002 Introducing Private Equity Summit A two-day conference that brings together investors and fund managers to discuss cutting edge issues in the private equity markets, including venture capital, leveraged buyout, and hedge fund investments. Sessions will cover financial, regulatory, governance, and litigation issues that are common to all three private equity sectors. Fall 2002

For more information about Stanford Law School Executive Education Programs, visit http://www.law.stanford.edu/execed/ or send your inquiry via e-mail to [email protected]. I Dear Alumni and Friends, The terrible events of September 11 took place after this issue went to press, and all of us at Stanford Law School wish to acknowledge with sympathy and respect the loss of life that day. Our immediate Law School family was very fortunate, for which we are thankful, and we wish to send our condolences to any of you who might have suffered losses among your friends, families, colleagues or acquaintances. On September 14, after a moving remembrance gathering that I convened at the Law School on the national day of mourning called by President Bush, our faculty, staff and students returned to work and study with the renewed conviction that now, more than ever, we need to produce wise and skilled lawyers who will contribute energetically to the task of forging security under law in an increasingly globalized and complex world. As ever, we remain proud of all of our graduates who in so many ways help to do just that.

Sincerely, j{h.Ltl-J),.JJ.;~ Kathleen M. Sullivan Dean and Richard E. Lang Professor ofLaw and Stanley Morrison Professor ofLaw To support tomorrow's leaders ... To foster innovation in the teaching of law ... To sustain a standard of excellence ... The Stanford Law Fund

ere are just three reasons why 3. World-class faculty - H Stanford Law School's continued Stanford Law School faculty are success depends on the ongoing commitment among the most respected scholars of alumni like you. and educators in legal academia. They are academic innovators, designing a Outstanding students and graduates ­ 1. curriculum that will prepare students Stanford Law School prepares leaders. for the challenges of law, business, S_t~!1ford practic~ i~_ th~_ ____ graduates ------and- public policy in an increasingly nation's foremost law firms, public complex environment. interest organizations, government agencies, and businesses. Your annual gifts will go to work immediately, addressing the Law School's 2. Innovative curriculum - most critical and urgent needs: More than ever, society needs lawyers who are skilled and ethical problem­ • resources for faculty teaching and solvers. The Stanford Law School research, including the restoration of curriculum - emphasizing ethics, Stanford's distinctive faculty-to­ analytical thinking, and decision making student ratio and negotiation skills - prepares • student financial aid to mitigate the students to be successful practitioners debt burden of a Law School and contribute to society. education, through scholarships and the Miles and Nancy Rubin Loan Forgiveness Program • funding for innovative curricular and clinical programming, such as the Stanford Law and Technology Policy Center

Support Stanford Law School today. Every dollar you invest will yield rich dividends! Beverly J. Watson '99 and Alejandro Cestero '99 chat with Marc A. Franklin, Frederick I. Richman Professor of Law, Emeritus.