THE MAGAZINE OF NORTHWESTERN PRITZKER SCHOOL OF LAW

VOLUME IX NUMBER 1 SPRING 2020

150 Years of Women From the first female law school grad to today’s justice warriors 10 150 Years of Women

Celebrating Northwestern Law’s trailblazing women, from the first female graduate to the barrier-breaking faculty to those who fought for justice until the end.

f e at u r e s 26 “A Brilliant Leader” Saying good-bye to David S. Ruder, dean of Northwestern University School of Law from 1977 to 1985 and former chairman of the SEC. 22 Where Tech Crosses Paths 18 with the Law Establishing a Foothold in Northwestern’s schools of engi- Silicon Valley neering and law join forces to refine and preserve the rule of law The San Francisco Immersion Program, a partnership between worldwide. the Law School and Kellogg, provides hands-on experience in the epicenter of tech.

Cover: Dawn Clark Netsch, the first female faculty member at Northwestern Law, in a mid-1960s faculty photo. l e t t er s t o t he ed i t o r

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Dear Reporter, Thanks for Vol. VIII no. 2, Justice Stevens on the cover and remembered inside, with an excerpt from his fine memoir The Making of a Justice (2019) published two months before his death. His Five Chiefs is also worthy. It’s been said that a man who wears a bow tie is a joker. On the strength of my grandfa- Justice Roberts and Justice ther, of my brilliant Torts pro- Kagan called him independent. fessor, and of Justice Stevens, Justice Kagan said he was it may be true. The Making of a fiercely independent. Justice is full of jokes, many dry, She also called him a model some wry. of collegiality (which another of I was a few feet from him at my brilliant professors — whom a law school reception when I had the pleasure of hearing departments he muttered to another of my before the Court in Harris vs. brilliant professors: “I never had McRae, 448 U.S. 297, 1980 — the Latin for the judging.” always deliberately pronounced 2 The only time The Making of a “colleague-iality”). That shows Noteworthy Justice shocked me was a mani- in both Five Chiefs and The fest set-up. The title itself is a Making of a Justice. 30 joke; how can it cover his entire In 2005, Gerald Ford said, Clinic News life and not merely the years “I am prepared to allow history’s 46 1920–1975? But he was famous judgment of my term in office 36 for saying learning on the job to rest (if necessary, exclu- Giving was essential to judging. sively) on my nomination thirty Speaking as a Liberal, I’m years ago of Justice John Paul 38 sorry you called him the leader Stevens to the U.S. Supreme Faculty Focus of the Court’s liberal wing. I’d court…. He has served with be glad to claim him. But he dignity, intellect, and without himself always said he was a partisan political concerns.” 46 34 Alumni Notes conservative; as time went on, R.I.P. he said, the court, not he, had Sincerely, shifted. At his death both Chief John Hertz (JD ’81)

NORTHWESTERN LAW ASSOCIATE DEAN, MARKETING AND CONTRIBUTING PHOTOGRAPHERS UPDATE YOUR ADDRESS REPORTER STRATEGIC COMMUNICATIONS Randy Belice, Eileen Molony, Jake [email protected] Melissa Kaeser Spring 2020 Giles Netter, Owen Stidman law.alumni.northwestern.edu Volume IX, Number 1 312.503.7609 DIRECTOR OF STRATEGIC The editors thank the faculty, staff, COMMUNICATIONS Northwestern Pritzker School of Law students, and alumni of Northwestern Rachel Bertsche Office of Alumni Relations and DEAN AND JUDD AND MARY MORRIS Pritzker School of Law for their coop- Development LEIGHTON PROFESSOR OF LAW eration in this publication. ASSOCIATE DIRECTOR, VISUAL 375 East Chicago Avenue Kimberly Yuracko COMMUNICATION Opinions expressed in the Chicago, Illinois 60611 Mary Kate Strittmatter EXECUTIVE DIRECTOR, ALUMNI AND Northwestern Law Reporter do DONOR RELATIONS AND CAMPAIGN not necessarily reflect the views of Copyright ©2020. Northwestern OPERATIONS COMMUNICATIONS EDITOR Northwestern Pritzker School of Law Pritzker School of Law. All rights Darnell Hines Shanice Harris or Northwestern University. reserved. 4-20/1M NOTEWORTHY

American history and culture. as director of the Bluhm Legal Noteworthy A group of generous and dedi- Clinic. The coming year will cated alumni came together require even greater efforts at to establish the African hiring research faculty, with a American History and Culture particular focus on increasing Endowed Scholarship. the diversity of our faculty.

Have fundraising efforts This issue of the Reporter helped address the budget includes a feature on challenges you identified 150 years of women at when you first stepped into Northwestern. As dean, one this role? of your priorities has been Q&A with Over a quarter of the Law supporting women in the School’s funding comes from profession. Can you tell us donations, so philanthropy is about some developments in Dean Yuracko very much an essential compo- this area? nent of our operating budget. Last fall we announced an The Law School Fund, which exciting partnership with As the Northwestern Law Reporter was going is the annual giving program Diversity Lab, an incubator that sustains our operating that develops and tests solu- to press, circumstances at the Law School, and budget, had a record-breaking tions for boosting diversity in the world, changed dramatically due to the year last year. This enabled us and inclusion in our profes- to balance the budget faster sion. We are the exclusive law COVID-19 pandemic. Illinois, like many other than we projected, and I want school partner to Diversity states, was under a stay-at-home order, and to thank our alumni and Lab’s Move the Needle Fund. friends for their generosity. Along with five law firms, Northwestern Law classes had shifted to remote All gifts — a small donation more than two dozen general learning. “These are challenging and uncertain to the Law School Fund or a counsels, and a cohort of com- major gift establishing a new munity leaders, we will work times,” said Kimberly A. Yuracko, Dean and endowed scholarship — are on new approaches to diver- Judd and Mary Morris Leighton Professor of meaningful and important. sity, and then help incubate those ideas in the law firms Law. “Though the situation is changing rapidly What are the key fundrais- to serve as a model for the the only thing I know for certain is that we ing priorities for the remain- legal industry. I am optimistic der of the campaign and that together we can have will get through these times strong and intact beyond? an impact. as a community.” Earlier in the semester, she One of my main priorities continues to be faculty discussed the Law School’s fundraising success. hiring, and this requires resources in terms of research funds, and This is the final year of the to me is the show of support professorships and Law School’s Motion to Lead from so many members of our chairs. This year saw campaign. What do you see community. Our original goal an increased focus on as the greatest accomplish- was 10,000 unique donors and recruiting, and I am ments of the campaign? we have far surpassed that. I thrilled to announce that Our fundraising campaign has am also very pleased with the Paul Gowder, a tenured fac- been an astounding success, increase in available scholar- ulty member at Iowa Law raising over $253 million to ships. Donors established 44 School, has accepted a posi- date from more than 12,000 new scholarships that help us tion to join us in fall 2020, donors. These gifts, and recruit the brightest and most and Robin Walker Sterling, donors, bolster the Law School qualified students, regardless associate professor and by supporting scholarships, of their financial circum- the Ronald V. Yegge faculty, programs, the Bluhm stances. And for the first time, Clinical Director at the Legal Clinic, and much more. a scholarship was created spe- University of Denver Sturm What is most remarkable cifically to celebrate African College of Law, will join us

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confinement. “Solitary con- National Prison Project. A Broken System finement does one thing: it “Solitary confinement is an breaks a man’s will to live and issue that demands the atten- he ends up deteriorating. He’s tion and action of the public Law Review Symposium never the same person again,” at large,” NULR Symposium Graves said during a congres- Editor Emily McCormick said Shines Light on Solitary sional hearing. “I lived under in a press release. “We sin- the rules of the system that cerely hope this event can be a Confinement is literally driving men out of springboard for change.” their minds.” At the end of his keynote, The Symposium’s other Durbin shared his plans on Imagine being stuck in a six- — so objectively horrifying, so panelists included Albert introducing legislation that by-eight foot cell for 23 hours intrinsically cruel, how did we Woodfox, solitary survi- will reduce the use of solitary a day. No human contact. end up with a prison system vor and author of Solitary; confinement in immigrant No light. Filth everywhere. that may subject more of our Leann Bertsch, direc- detention facilities operated That’s the picture many of the own citizens to it than any tor of the North Dakota by Immigration and Customs panelists painted during the 2019 Northwestern University Law Review Symposium, “Rethinking Solitary Confinement.” The all-day event, held on November 8 in Thorne Auditorium, brought together scholars, lawmakers, correc- tional administration and survi- vors to discuss the legality of the practice, the effects of solitary confinement on individuals, and strategies for change. Senator Dick Durbin (D-IL) delivered the keynote address, outlining his efforts to change the prison system, including Left: Senator Dick Durbin gives keynote address; Right: Albert Woodfox, solitary survivor and author of Solitary, speaks getting the Fair Sentencing during the “Perspectives on Solitary Confinement” panel. Act of 2010 signed into law by President Obama and con- vincing President Trump to sign the 2018 First Step Act into law. He also discussed “Solitary confinement does one thing: it breaks a how he handled challenges to his efforts from Trump’s man’s will to live and he ends up deteriorating. He’s justice department, espe- never the same person again.” cially from former attorney general Jeff Sessions before —ANTHONY GRAVES, SOLITARY CONFINEMENT SURVIVOR his resignation. The two men often clashed on the topic of solitary confinement, he other country in history has?” Department of Corrections Enforcement on the border. said. Describing the horrors Durbin highlighted the and Rehabilitation; Alan Mills, “I’ve been at this for a long of human isolation, Durbin story of Anthony Graves, who executive director of Uptown time … some things have quoted Atul Gawande, a was sentenced to death in 1992 People’s Law Center; Brian improved, [and still they’re] Boston surgeon and staff in Texas for a crime he did not Nelson, solitary survivor not nearly where I want them writer for the New Yorker: commit. He was exonerated and prisoners’ rights coor- to be. But if you don’t have any “If prolonged isolation is — in 2010 after spending more dinator at Uptown People’s patience, for God’s sake, don’t as research and experience than 18 years on death row, Law Center; and Amy Fettig, run for the Senate,” he said. “If have confirmed for decades 16 of which were in solitary Deputy Director of the ACLU’s it’s important, stick with it.”

SPRING 2020 | 3 NOTEWORTHY On the Record Northwestern Law faculty in the news

“It is hard for the White House to convincingly maintain that its complete refusal to cooperate with the House impeachment inquiry is ‘legal’ in the usual sense, but the White House is operating with politics, rather than law, in mind.”

—Michael Kang in “Are we in a constitutional crisis yet?” Vox, 10/9/19

“The “This is the first “It takes a certain amount statute high-profile trial of courage to grant says no sex that amasses commutations, especially discrimination complaints that in cases involving serious in employment. If emerged in the I fire only my female #MeToo era — these are actually the crimes. And Governor employees who are mar- complaints that helped catapult a Blagojevich didn’t have that ried to women, but not my male movement.” kind of courage.” employees who are married to —Deborah Tuerkheimer, “Weinstein —Steven Drizin in “Rod Blagojevich is women, that’s sex discrimina- Jurors Asked to Set Aside #MeToo out of prison thanks to a kind of mercy tion, it’s literally prohibited by Emotions,” The Wall Street Journal, he rarely showed as governor,” The the statute, all the Supreme 1/17/20 Washington Post, 2/20/2020 Court is being asked is to en- force the statute as written.”

—Andrew Koppelman in “Fate of LGBTQ Workers in 28 States Hinges on SCOTUS Decision,” Newsy, 10/8/19 “The election of Donald Trump, who spent comparatively little of his own money, “What they are doing is reminds us of the electoral power of celebrity. they are buying peace. The more anonymous among us should be That’s the formula. able to get our political messages out as well Whether it works or over the din of a celebrity-obsessed culture.” not is another matter.” —John McGinnis, “The Supreme Court’s wise decision: Honoring Citizens United on its big birthday,” New York Daily —Bruce Markell, in “Sackler News, 1/20/20 legacy is at stake in family’s bid to reinvent Purdue Pharma as a public trust,” The Washington Post, 11/6/19

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“Ethylene oxide is an invisible, odorless gas, and it causes cancer and mutates genes. It is especially dangerous for children, whose bodies are still developing and whose genes are more easily influenced by exposure to harmful chemicals. Cancers known to be caused by Ethylene oxide, also known as EtO or EO, include leukemia, lymphoma and breast cancer. The science linking EtO to these life-threatening diseases has been known by scientists, the medical community, and the companies that make and use EtO for decades. The people who are being exposed to EtO in Illinois are just learning about it and they are pleading for protection.”

—Nancy Loeb, “It’s time for Illinois to protect residents from this cancer-causing agent,” Crain’s Chicago Business, 11/1/2019

“Whether you’re corrupt or not, the whole point of “The last thing a prosecutor should do is being an elected official (is) you want to be able to take the political temperature of anything control, whether it’s the zoning for your ward or who gets a liquor license. If you’re never around, you’re and make decisions based on that kind of not answering your emails or phones, influence. That’s utterly despicable.” you’re not going to be able to do it. If anything, often the prob- —Ronald Allen in “Smollett case revives questions on lem is that these people Laquan McDonald, justice,” The Associated Press, 2/13/2020 are too active.”

—Nadav Shoked in “When elected officials do not show up for work, there are few options to remove them “Brendan is ever hopeful…he has a truly childlike from office,” Chicago Tribune, faith that one day someone is going to have the 12/16/19 courage to do the right thing in his case. It’s a blow that stings, but it’s not the end of the story.”

—Laura Nirider in “Brendan Dassey of ‘Making a Murderer’ Is Denied Clemency,” New York Times, 12/21/19

“[Mayor Lori] Lightfooot has mayor certainly knows better. innocent before trial, pretrial denounced Cook County judges She is a former prosecutor, release should be the norm who set affordable bonds for Chicago Police Board member for persons accused of crimes. persons who have been charged and an accomplished lawyer. Setting affordable bond is just with illegal possession — not She knows that the purpose as fundamental to our criminal use — of a firearm and who of setting bond is to ensure justice system as the presump- have a prior criminal history. that the defendant will cooper- tion of innocence, the right to The mayor said these people ate with the criminal justice trial by jury and to proof beyond should be held in jail with process by appearing for all the a reasonable doubt.” no bond while awaiting trial. court hearings in his case. Bail Chicago police Superintendent is a vehicle for pretrial release, —Locke Bowman, Eddie Johnson chimed in that not confinement. Indeed, as “Commentary: Mayor Lori setting an affordable bond in the U.S. Supreme Court rec- Lightfoot should end her attack these cases undercuts ac- ognized decades ago, given on bail reform,” Chicago Tribune, countability for gun crimes. The that defendants are presumed 9/12/19

SPRING 2020 | 5 NOTEWORTHY

confirmation hearing in September 2018. Like many, Burke was consumed by Dr. Ford’s testimony of her alleged assault, and during a break in the hearing, she went to the restroom where another woman started up a conversa- tion about Dr. Ford’s retelling. “I thought we were bond- ing,” Burke said. But then the woman mentioned she wished Dr. Ford gave more details during her retelling of the incident. “How could she not remember?” the woman said. Burke quickly—and matter- of-factly—told the woman that after her own experience with sexual assault as a child, “I spent 41 years of my life trying to forget.” It was in that moment that Burke said she realized she needed to be more Tarana Burke discusses the origins of the #MeToo movement during Dream Week. than a figurehead of the move- ment against gender-based violence. “We have to shift empowerment for survivors. consciousness in America,” Founder of #MeToo When the Weinstein news she said. “We don’t know what broke, actresses including Rose survivors look like.” Movement, Tarana McGowan and Ashley Judd Burke said she models her came forward with their own own activism on the work of Burke, Delivers accounts of sexual assault. Dr. King. “There was diversity Although the media focused on at the table,” she said, referenc- Powerful Dream these high-profile, white, and ing to the men and women who wealthy survivors, Burke said surrounded and supported Week Message her work originally began as a Dr. King in his efforts. “I’m way to shine a light on women used to being at the table, not from underrepresented groups. the helm.” Although she still Activist and founder of the continue his work today. Still, she objects to claims that struggles with being in the #MeToo movement Tarana The media often points to white women hijacked the spotlight, Burke says she’s Burke was the featured October 5, 2017—the day the #MeToo movement. They are dedicated to doing whatever it speaker during Dream Week at New York Times published a survivors, too, she said. Burke takes to encourage progress. Northwestern Pritzker School story detailing the decades did call out and criticize the “We need to change hearts and of Law on January 27. Students, of alleged sexual harassment media for not highlighting minds. We need to change cul- faculty and staff packed and assault by film producer women from marginalized ture,” she said. “Seeing change Thorne Auditorium to hear Harvey Weinstein—as the groups, and said the blame is happen is going to compel Burke in conversation with start of the #MeToo move- on the media, not the survivors. people, not the headlines.” moderator Shannon Bartlett, ment. But Burke officially During the conversation, During the Q&A, individu- associate dean of inclusion and introduced the phrase when Burke recalled a moment als shared their own stories as engagement. Dean Kimberly she launched a Me Too page on that defines her approach survivors. “I know it’s corny to Yuracko opened the event by Myspace more than a decade to activism work today. She say, but I find hope in people,” highlighting the importance earlier. “It was declarative,” was in the room when Dr. said Burke. “You are not the of Dr. Martin Luther King, Burke said of the 2006 page Christine Blasey Ford told sum total of the things that Jr.’s legacy and his prevailing that she hoped would pro- her story during Justice Brett happened to you.” inspiration for activists who vide support, healing and Kavanaugh’s Supreme Court —Shanice­­ Harris

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would mirror the makeup of Law School Joins recent law school graduat- ing classes — until 2057 and Initiative to Create 2084 respectively. The goal is to reduce that by decades with More Inclusive Legal MTN as a prototype for others to follow.” Profession The MTN law firms — Eversheds Sutherland, Northwestern Pritzker and Mary Morris Leighton to supporting the Move the Goodwin, Orrick, Stoel Rives, School of Law has joined the Professor of Law. “We know Needle Fund academically and and Nixon Peabody — have first large-scale collabora- how extraordinary all our stu- practically.” invested $5 million to launch tive effort designed to create dents are, and we know we are According to Diversity Lab, the Move the Needle Fund. a more diverse and inclusive preparing them to be the next despite efforts by industry This investment will help sup- legal profession. generation of our society’s and stakeholders over many port new approaches to hiring, In September, Diversity our profession’s leaders. We decades to diversify the work/life integration, work Lab, an incubator for inno- have an obligation to ensure talent pool from law stu- allocation, promotions, feed- vative ideas and solutions that our students live in a dents through law firm and back, performance reviews that boost diversity and world that will recognize and legal department leadership, and compensation systems. inclusion in law, along reward their accomplishments the needle hasn’t moved far The investment also will be with Northwestern, the fairly and without regard to enough fast enough. “Instead used to implement Diversity sole law school partner, their race and gender.” of working in isolation as in Law Hackathon ideas, launched the Move the Kit Chaskin, director of competitors, these pioneer- and test evidence-based Needle Fund (MTN) — a gender initiatives at the Law ing law firms, general coun- research such as the bias interrupters from the ABA and Minority Corporate Counsel Association study, as well as other inclusion research from top academ- “This is the first time in 30 years of working toward ics at Northwestern Law, UC gender equity in the legal profession that I have Hastings, Harvard and MIT. Finally, the money will be used seen a diversity program designed to be data-driven, to crowdsource innovative transparent, iterative and replicable.” ideas from other industries. MTN officially began measur- —KIT CHASKIN, DIRECTOR OF GENDER INITIATIVES ing the firms’ progress toward their goals in January 2020 and will share the progress on first-of-its-kind experimental School, serves as the chair sels and community leaders the MTN website. “laboratory” in which new of MTN community leaders, are banding together to Finally, MTN will annually approaches will be incubated supporting the firms and legal create a model that others donate money and Diversity over five years in five law departments in achieving can learn from and emulate Lab’s in-kind services in firms to serve as a model for their goals. “This is the first using collaboration, metrics, excess of $100,000 to exist- the legal industry. time in 30 years of working transparency, accountability ing legal pipeline programs The goals of the initiative toward gender equity in the and experimentation as the such as Pipeline to Practice, include retention of diverse legal profession that I have foundational elements,” said Practice Pro, Silicon Valley lawyers; access to career- seen a diversity program Caren Ulrich Stacy, CEO of Urban Debate League, Street enhancing work experiences, designed to be data-driven, Diversity Lab. “Predictive Law, LCLD Pathways, MCCA clients and sponsorship; and transparent, iterative and modeling — with the last 1L Scholarship, Twin Cities advancement to leadership. replicable,” Chaskin said. “It’s five years of ALM data as the Diversity in Practice, Law in “For decades now we have exciting for a law school to basis — shows that the largest Tech 1L Collaborative and been graduating classes that partner with these innovative 200 firms in the country as a other initiatives focused on are approximately 50 percent law firms and legal depart- group won’t reach 50 percent strengthening and expanding women and are very racially ments to achieve goals that are women and 33 percent racial current efforts. diverse,” said Kimberly critical to the evolution of the and ethnic minorities in their Yuracko, Dean and Judd profession. We look forward equity partner ranks — which

SPRING 2020 | 7 NOTEWORTHY

or acts to improve the lot of powerful moment to watch “Fighting The others, or strikes out against the movie in a theater sur- injustice, he sends forth a tiny rounded by Law School stu- Good Fight Is Always ripple of hope, and crossing dents, staff, and faculty. The each other from a million dif- shared camaraderie between Worth It” ferent centers of energy and all of those present was daring, those ripples build palpable, and it was gratify- a current which can sweep ing to watch Crim Law faculty Just Mercy screening down the mightiest walls of members chatting with their oppression and resistance.’ students, and staff members brings together Law School Seeing Just Mercy brought from the Bluhm Legal Clinic those words to life,” says engaging with students and community. Walter Garcia (JD ’21). faculty alike before and after “Though law school is far from the movie,” she says. “The an easy ride—for all people, film is a palpable reminder Students, faculty and staff us of the difference a deeply but especially so for folks of the critical importance gathered at a local movie committed lawyer can make of color—Bryan Stevenson of lawyering in the public theater in late November in the lives of so many, and reminds us that lawyers can interest, and I know from my for an advance screening I am glad to have played a help to fight the good fight. conversations with students of the film Just Mercy. The role in bringing this incred- And fighting the good fight is that the film resonated deeply event was made possible ible film to the Northwestern always worth it.” with them at a moment when by Courtney D. Armstrong community.” Shannon Bartlett, associate some question the wisdom of (JD-MBA ’96), executive vice president of worldwide busi- ness affairs for Warner Bros. Pictures. The film, based on Equal Justice Initiative founder Bryan Stevenson’s bestselling book of the same name, depicts the true story of the author’s quest to appeal the murder conviction of death row inmate Walter McMillian. Armstrong says he was eager to get the film in front of future lawyers. “Creating an opportunity to share this important film with the Northwestern Law commu- nity was a goal of mine,” he says. “I know that we some- times primarily focus on the intractable issues that don’t seem to change, such as long-running racial dispari- ties in the criminal justice system. Doing so can make Michael B. Jordan as Bryan Stevenson and Jamie Foxx as Walter McMillian in Just Mercy, a Warner Bros. Pictures release. us lose sight of the important ways lawyers—including the brilliant faculty members and For many students, the dean of inclusion and engage- seeking change through the students representing clients screening had the intended ment, says events like these legal system.” in Northwestern Law’s Bluhm effect. “One of my favorite provide the entire community Just Mercy will also be the Legal Clinic—can make an quotes is the following by with important opportunities One Book One Northwestern impact in individual clients’ Robert Kennedy: ‘Each time to connect over a common selection for the 2020-2021 lives. This film helps remind a man stands up for an ideal, goal. “It was a uniquely academic year.

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areas, and we are grateful that Professor Swanson shared her 253m important research with our community,” says Nancy M. Dollars Cunniff, Director of One Book One Northwestern. “The One raised Book One Northwestern pro- to date gram values our partnership with the Law School and we through appreciate the Law School’s the effort to create programming that links the chosen book to Motion legal education.” to Lead Swanson has been a member of Northeastern’s campaign Kara Swanson, professor of law, Northeastern University law school faculty since 2010, and focuses her research on intellectual property law, gender and sexuality, the his- Hidden Figures and tory of science, medicine, and the Patent System technology and legal history. In 2015, she received one of 12k+ Northeastern’s most pres- Kara Swanson, profes- as inventors, and the patent tigious prizes, the Robert D. Number sor of law at Northeastern system itself, to push for civil Klein University Lectureship, University, spoke to Law rights,” Pedraza-Fariña says. and in 2018, she was awarded of donors School students, faculty, and “The Q&A session afterwards the History of Science who staff about the role of hidden provided a unique opportunity Society’s Margaret W. Rossiter figures in U.S. patent history for all participants to connect History of Women in Science contributed in November. The talk was her historical discussion to Prize in recognition of her to the part of the One Book One contemporary debates on the article, “Rubbing Elbows and Northwestern program, an participation of women and Blowing Smoke: Gender, Class Motion annual community-wide read- minorities in the innovation and Science in the Nineteenth- to Lead ing initiative hosted by the process.” Century Patent Office,” pub- Office of the President. Hidden Figures is lished in ISIS: A Journal of the campaign Using her research as Northwestern University’s History of Science Society. a framework for the day’s One Book One Northwestern discussion, Swanson out- all-campus read for the 2019- lined the ways in which white 20 academic year. The book women activists and African tells the true story of the black American activists remem- women mathematicians at bered and publicized inven- NASA who helped fuel some 44 tors from their communities, of America’s greatest achieve- and explained how these ments in space. In the book, New efforts were critical to both author Margot Lee Shetterly groups’ political campaigns celebrates these unsung scholarships for full citizenship rights. The heroes, exploring issues of created presentation was followed by race, gender, science, and a Q&A moderated by Laura innovation against the back- since the Pedraza-Fariña, associate pro- drop of WWII and the Civil launch of fessor of law, and Emily Ross Rights Era. “One thing we’ve (JD ’21). “We were thrilled learned as we’ve celebrated the to host Kara Swanson for a Northwestern’s 150-year Motion to fascinating talk on the history anniversary of coeducation is of how women and African- that there have been ‘hidden Lead Americans used their role figures’ in so many different campaign

SPRING 2020 | 9 150 Years of Women

The 2019-2020 academic year marks 150 years since Northwestern University began admitting women as undergraduate students. It’s also 150 years since Ada Kepley became the first female American law school graduate, from what is now Northwestern Pritzker School of Law. In the following pages, we celebrate the history of women at the Law School — from that first trailblazing grad to today’s history-making law review editors — and share the voices of some faculty and alumni who broke barriers along the way. “We’ve all experi- enced [a meeting] A Pioneer in Law where a woman raises her hand, by shanice harris brings forward an idea, and nobody pays attention Joyce Hughes, professor of law, began her career Black law professors, in particular Black women, to her until five at Northwestern in 1975, after four years of teach- to make sure that they get tenure…that’s an impor- minutes later a ing at the University of Minnesota Law School. tant point. man says the same When she received tenure in 1979, she became Q: How do you feel about being called a idea. Whether you the first African American woman to be tenured “trailblazer”? are the person in any department at Northwestern University. JH: Initially I thought, ‘well you know I just lived running the meet- Hughes says she long defied what society deemed my life.’ But someone said [to me], “you have to ing or you’re just acceptable work for women, let alone a Black realize that usually when people think of trailblaz- woman — sometimes to the dismay of men who ers or pioneers, they’re thinking about people who tried to discourage her along the way. “I ended are dead and have been for a long time. But you’re up going to law school because I was angry at a still alive so you have to not only embrace it, but recruiter from Columbia Law School who sug- remember to constantly tell people so they know gested I could not be a lawyer,” she said. “This man you’re still above ground.” So now I agree with that made me so mad.” Hughes decided to prove her label. Obviously, there are other people who could doubters wrong. have done what I did, but they just didn’t have the We spoke with Hughes about her journey to opportunity. It just happened to be the time that I Northwestern, the importance of representation, lived. and what inspires her work today. Q: Who are some of the other women who were Q: Tell us about that moment that inspired you doing this work before you? a person in it, you to become a lawyer. JH: A Black female at an ABA accredited Black can notice that, and Joyce Hughes: I went to Carleton College, which law school [North you can change is considered a premier liberal arts college. [Law Carolina Central culture by saying, schools would] come to that college to recruit University Law ‘Oh no, no, no. I students. I actually was not interested in signing School] was want to go back up for an interview, but the director of placement a tenured and hear what Tina signed me up. I was so incensed with [the recruiter law pro- said. I like her idea. from Columbia]. He thought that I could not be a fessor Can we go back lawyer. And that’s when I decided. But also, what 20 years to that? Because helped was that the University before she said that first.’ of Minnesota Law I started Everyone can do School had established teaching that. Everyone a scholarship for a can start paying Carleton student and attention to those they awarded it to me. little moments Probably if it had not where someone done that, I wouldn’t have is not being heard been able to go to law school. or someone is not Q: You’ve written extensively about getting respected. Black women in law and the intri- And that’s what cate balance it takes to express both starts to change strength and composure. How did you culture: those little navigate that when you were starting out? moments, those JH: I was not so much concerned at the beginning little interactions of my career with balance. If I had been concerned that start to build about getting tenure, I might have been more on one another.” circumspect, but at the time I didn’t plan on being a —Tina Tchen (JD law professor forever. ’84), CEO of Time’s Up, in a Q&A with Q: What did you plan on doing instead? Refinery29 JH: I intended on going back to practice law. I didn’t have that mentality of ‘I’ve got to please these people.’ But now, I do think it’s very important for

SPRING 2020 | 11 “There’s a real enroll as undergradu- opportunity to ate students. What rethink how law are some things that firms work. Clients you are most proud are diverse, the of when it comes to world is diverse, progress for women at jury pools are the Law School? diverse. You can’t JH: Clearly there’s been have a law firm change since I’ve been that looks like the here. For example, I 1950s. … I have had a woman [in class] started my own recently who was firm. We’re a major- pregnant and about to ity women-owned deliver. When I started firm, a partnership teaching all my students where people value were male and pale. their families. If you That’s all I had. I had don’t have a rich [another] woman who personal life and came to school recently social relationships, with her toddler son you aren’t a good law in 1971. [Sybil Marie Jones Dedmond] was because something happened to her babysitter. advocate.” on that faculty from 1951 to 1964. Also, the first Women are now about half the law school, so there —Faith Gay (JD woman law professor at any law school was Black. has clearly been progress for women. ’86), founder of Lutie Lytle taught in 1897 at the Central Tennessee Q: What still needs work in order to be more Selendy & Gay College in Nashville, Tennessee, which closed in inclusive? in #NLawProud 1922. While I appreciate being honored, I do not JH: My sense is that white women are going to Stories. want to forget those who came before me. reach parity before Black women do. I still maintain Q: When you joined the faculty at the University my focus on Black women. I do think white women of Minnesota Law School, you became the first opening some doors helps Black women, but Black woman tenure-track law professor there’s still a difference and I don’t want people to at a predominantly white institution, which overlook that difference. you wrote about in a book chapter in Neither a Q: How important is it for women to see other Whisper Nor a Shout. What was that like for you? women in positions of power? JH: After Martin Luther King was assassinated, all JH: Judge [R. Eugene] Pincham, who is a 1950s of a sudden law schools looked around and said graduate of the Law School, gave me the phrase: “Oh, there [should be] Black people going to law “You can’t be what you can’t see” and it totally hit school.” So, they recruited the students. Then stu- me. I don’t have to do anything. Just my being here dents looked around, and said “Where are the Black means that people can see me and think “Oh, I can professors?” That was the impetus for schools to do that.” When I think about my own history, believe go and recruit Black professors. Someone said to it or not, as a teenager I had NAACP Legal Defense [University of Minnesota], you have a graduate of Fund lawyer, later the first Black woman federal dis- your own who is Black and who has all the creden- trict court judge, Constance Baker Motley hanging tials that were then considered essential for a law on my wall. She worked with Thurgood Marshall, professor. The University of Minnesota law school the first Black supreme court justice. I did not have then recruited me into teaching. him as a pinup. I had her because she was a female. Q: This year, all of Northwestern is celebrat- I think it’s very important. ing 150 Years of Women—commemorating and Q: What are you working on now? celebrating the 150 years since women could JH: My article Muhammad Ali: The Passport Issue is going to be published in the North Carolina Central Law Review, and the reason I am very happy about that is because North Carolina Central was the school that had the first Black female law professor Sydney Ann Bosworth becomes the first at any law school in the country. female editor-in-chief of the Northwestern Q: What inspires you today? University Law Review. JH: To be a tenured law professor serving as a subliminal message to students. I think that is what keeps me going.

12 | NORTHWESTERN LAW REPORTER “When I read the Remembering Karen Declaration of Independence, when I read the Daniel, “Determined Constitution, I know my clients are the embodiment of Fighter for Justice” those ideals. I see that in them. We by andrea lewis and laura nirider need not fear that America is going to change because of Karen Daniel, director emerita of the Center on Appellate Defender, the national criminal law com- immigrants. What Wrongful Convictions at the Northwestern Pritzker munity was in upheaval: a revolutionary new tool I’m concerned with School of Law, passed away in Oak Park, Illinois, — DNA — was proving prisoners innocent at a rate is that in our des- on December 26, 2019. Daniel was a force of far higher than anyone had previously imagined. peration to keep nature: a determined fighter for justice, a leader On August 14, 1989, Illinois defendant Gary Dotson immigrants out, we in the national legal community, and a trailblazing actually change role model for aspiring lawyers-to-be. The entire who we are. We University, and a generation’s worth of Center on lose the values, we Wrongful Convictions alumni, mourns her loss. become our worst One of the first women lawyers to devote her nightmare. Our life to the work of rectifying wrongful convictions, country can absorb Daniel graduated from Harvard Law School in 1981. these people, and Eschewing more lucrative opportunities, Daniel the forefathers’ spent several years at Illinois’ Office of the State experiment, started Appellate Defender, where she built a reputation as centuries ago, it’s one of the office’s most fearless advocates for indi- still working; we gent defendants. It’s also where she met her future need not fear that husband Alan Goldberg it’s not going to — an esteemed became the first person to be exonerated by DNA work.” appellate attor- when the new technology proved him innocent of ney in his own a sexual assault. Over the coming years, DNA and right. similar forensic evidence would uncover hundreds As Daniel of additional wrongful convictions across the coun- ascended the try — including dozens on death rows. ranks at the Driven by these discoveries, then-Northwest- Office of ern Law Professor Larry Marshall teamed with the acclaimed journalist Robert Warden in 1999 to State found one of the nation’s earliest innocence orga- nizations: the Center on Wrongful Convictions. Shortly afterwards, Marshall and Warden recruited Daniel — along with her beloved colleague, attor- —Uzoamaka ney Jane Raley — to Emeka Nzelibe, join the nascent clinical professor Center. Guided of law and staff by their collective attorney at the efforts — and, since Children and Family 2014, under Daniel’s Justice Center direction — the Center in Northwestern has become one of the Magazine most respected and successful innocence organizations in the country. It has been responsible for more than forty exonera- tions and dozens of other releases around

SPRING 2020 | 13 the nation. Indeed, after the Center helped exoner- ate six individuals off Illinois’ death row, the Governor A Changing Masthead of Illinois announced a moratorium on the death In February, Annie Prossnitz, editor-in- penalty in a speech delivered at the Law School chief of the Northwestern University Law in 2003; in 2011, capital punishment was formally Review, traveled to Washington D.C. to outlawed in Illinois. mark a milestone: for the first time ever, the editors in chief of the 16 top law journals in the country were all women. To acknowledge the occasion, Duke Law School hosted a daylong conference, “She personified the best traditions of “Honoring Women’s Advancement in Law” what lawyering can mean, including at its Duke in DC offices. Speakers at the conference, which fell on the centennial of the building of a community around the 19th Amendment, included Supreme timeless ideals of justice and truth.” Court Justice Ruth Bader Ginsburg and feminist legal scholar Catharine MacKinnon. “I see this achievement as a jumping off point, rather than an end goal, towards At the Center, Karen Daniel and her students amplifying the voices of women and personally exonerated more than twenty innocent people of color in the legal academy. I am individuals — all serving extremely long sentences, energized to work towards this change, in often-horrific prison conditions, for crimes they alongside the other female editors-in- didn’t commit. She was a prominent member of the chief, in the months and years to come,” national Innocence Network and was particularly said Prossnitz. noted for her landmark work exonerating women. “It’s not just an honor but a great “Anytime I feel frus- A ferocious advocate, Karen was deeply respected responsibility to be the EIC of a law trated, I think ‘this by judges and lawyers across the country — and review,” Duke Law Dean Kerry Abrams is nothing because beloved by her clients, who often considered her to said in her opening remarks. “For all 16 of at 5 p.m., I get to go be family. A generation’s worth of law students who these schools to home to my family passed through her care at the Center found her have chosen women is a really unusual and and I get to do all teach-by-example style electrifying: in her unas- special occasion. But it’s not an accident. suming way, she personified the best traditions of The 19th Amendment put into motion the what lawyering can mean, including civic leadership, right for women to vote, to serve on juries, fighting for those less privileged, and the building of to run for office and it created the prog- a community around timeless ideals of justice and ress that has led to the circumstances that truth. Scores of her former students, across class we now have today.” years, remain affiliated with the Center through its The 16 editors also produced a joint law alumni group, the Justice Council. review issue, Women & Law. The issue There may be no better way to encapsulate featured essays from 14 legal scholars, Karen’s impact than by offering a description of the including Rebecca Pallmayer, the first hundreds who gathered at her memorial service female chief judge in the 200-year history in Oak Park. Mourners ranged from the power- of the Northern District of Illinois. those things that ful — Kim Foxx, the elected Cook County State’s people are denied Attorney, quietly paid her respects with a security in prison.’ There’s detail in tow — to the once-powerless: dozens of nothing better to formerly incarcerated individuals, exonerated by keep you going Karen, joined her family among the front rows. than remembering Where once she had lifted them up, her former there’s someone clients were now there to exalt her. Many Center suffering who exonerees were accompanied by their families — shouldn’t be.” including dozens of children who would never have —Laura Nirider (JD been born without Karen’s work to free their parents. ’08), clinical pro- Karen Daniel’s legacy is large, and the Center on fessor of law and Wrongful Convictions remains deeply committed to co-director, Center its students, clients, and mission. To do justice to on Wrongful Karen’s legacy is to continue to seek justice in her Convictions, in name. The Center on Wrongful Convictions will con- Flare tinue to do just that.

14 | NORTHWESTERN LAW REPORTER “To try to tell some- one that you’re a In Her Own Words: bad person, you’re a redneck, you’re a bigot, you’re a Dawn Clark Netsch whatever, because they had a view- Dawn Clark Netsch (JD ’52) was the Law School’s “My basic message was, Look, guys, women are point that they first female faculty member and served as legal going to law school, they’re doing well, and if grew up with, I adviser to Illinois Gov. Otto Kerner. A state sena- you want to have good lawyers in the future, thought was not tor for 18 years, she was elected state comptrol- you better get over your biases and start right. What you ler in 1990, becoming the highest-ranked woman hiring women. … Basically I’m just here to tell would try to do in Illinois government at the time. In 1994, she you these are the facts of life, guys: women would be to try to became the first woman to run for governor of are going to law school, they’re good students, help them under- Illinois as a major party candidate. She died in 2013, they’re going to be good lawyers, and you just stand: Okay, over after more than 45 years teaching and mentoring better get used to it.” a period of time, if Northwestern Law students. These quotes come you don’t want to from a 2010 oral history with the Abraham Lincoln change your views, Presidential Library. fine, but don’t impose your views on all the rest of “What is terribly worthwhile is maintaining us; help us to be your own sense of integrity, because that is allowed to have a important not just to you, but it’s important different perspec- in what you convey to the public, to help tive. By the way, them, hopefully, in time, get over this terrible “I guess if there’s one thing I might like to be some of those who distrust and dislike of government. Because remembered for, it’s that I did get through a were involved in government has an awful lot to do with what long period of time in the public sector and the Equal Rights happens to everybody’s life, and it’s just not on the periphery of the public sector, with, I Amendment battle right that people feel that way about it. And think, my integrity and credibility more or I thought were it’s not right that they’re sometimes given less intact. And I do pick up that a lot, maybe totally inappropri- reasons for feeling that way about it. So some because people think I’m not going to be ate in the measures of this will balance out over a period of time, I around much longer. More and more it seems that they took. hope. And that’s very, very important, I think.” to me that people are saying to me, ‘Thank It’s not because you so much for what you’ve you aren’t prin- done to, you know…. cipled or are not whatever.’ Given willing to stand up the way in which and be tough, it’s people in public life that you’ve got to are unfortunately have some respect regarded right for people who at the moment, genuinely hold I guess that’s different points of “I have always, of course, felt very strongly something to feel view. I hope I always about the fact that government should good about.” did that.” not tolerate discrimination, that it should protect people’s right to stand up and be counted, and not only vote — which had been a problem in the early part of my life — but to be able to move ahead, not to have any barriers that government put into place, and indeed, to use the power of the judiciary and the legislative process to break down discrimination. And respect for individual persons, which I hope is the basis of it all.”

SPRING 2020 | 15 “There are a lot of cultural expecta- tions of what a Gender Nonconformity good attorney looks like. So I thought that I and the Law had to be hard on people, aggres- Kimberly Yuracko, deviated from that typically associated with their sive, in order to be Dean and Judd and biological sex. Race scholars have made similar seen as a respected Mary Morris Leighton arguments contending that workplace fit demands attorney. I think Professor of Law, is punish workers whose racial expression deviated it’s problematic the first female to be from white middle-class norms. Both types of fit when people think named dean of the Law demands, scholars argue, should be treated as of skills like rela- School. She joined the actionable under Title VII’s prohibition on sex and tionship building, faculty in 2002 and race discrimination. empathy, listening, has gained national The U.S. Supreme Court paved the way for such as feminine. What renown as a scholar protection in the sex context in the 1989 case of I’ve come to realize of employment law, Price Waterhouse v Hopkins, in which the Court is that I can be me. anti-discrimination law, declared that sex stereotyping was a prohibited And what I hope is and gender equity. The following is an excerpt from form of discrimination in employment. The Court’s that we can change her 2016 book, Gender Nonconformity and the Law pronouncement came in a case where a woman the culture because (Yale University Press). was denied promotion to the partnership of a larger that’s something When the Civil Rights Act was passed in 1964, its accounting firm despite outstanding professional that all attorneys target was clear. It aimed to eliminate the categorical reviews by clients and tremendous success in win- should be thinking workplace exclusion of women and minorities. At the ning new business contracts. Evidence suggested about.” time, African Americans were routinely excluded from that she was denied promotion, at least in part, —Annalise Buth jobs and even from whole industries. Women, too, because she was viewed as inadequately feminine (JD ’07), MR Bauer were confined to “pink collar” jobs and often barred and ladylike. While the supreme Court had previ- Fellow in Dispute from the more prestigious and profitable positions ously held that it was an actionable form of sex Resolution in reserved for men. Title VII sought to, and did, end discrimination to penalize a female employee based #NLawProud this kind of categorical group-based discrimination. on stereotypical assumptions about how women Stories. In the decades that followed, however, discrimi- actually behave, this was the first time the Court nation became much more subtle and complex. made clear that it was also a form of sex discrimi- No longer were women or minorities categorically nation to penalize a woman based on stereotypes excluded from jobs. Inclusion did, though, require about how women should behave. that they “fit” the corporate mold. An employer The Court’s seemingly simple declaration has might be happy to hire female lawyers, for example, been the most important development in sex as long as they did not appear too “butch” or mascu- discrimination jurisprudence since the passage of line. An employer might be happy to hire black ticket Title VII, and it has been responsible for dramatic agents as long as they did not wear their hair in expansions in how courts have interpreted the act’s “cornrows.” Those who expressed their gender or coverage. The prohibition on sex stereotyping has race in disfavored ways continued to be excluded. led to protection for men who are harassed by their Workplace “fit” demands have been labeled coworkers because they are perceived as inappro- “second generation” discrimination and have priately feminine in how they walk, talk, stand, and become a focal point of anti-discrimination litiga- move their bodies. It has also led to protection for tion and scholarship. Feminist scholars argue that transsexuals — once excluded from the act’s pro- such fit demands require employees to embrace tection altogether — from workplace disadvantage traditional conceptions of masculinity and feminin- as they transition in their outward appearance from ity and punish employees whose gender expression one gender to the other.

Ada Kepley (LLB 1870) became the first woman in the United States to graduate from law school after attending Union College of Law (now known as Northwestern Pritzker School of Law). After graduating, Kepley, because she was a woman, was prohibited from joining the Illinois State Bar. Though state legisla- tion allowing women to join the Bar passed in 1872, she didn’t do so until 1881. Although Kepley occasion- ally appeared in court, she never had a steady law practice. Instead, she steered her focus to her religious beliefs. She was a staple in the women’s suffrage movement and was an ordained Unitarian minister.

16 | NORTHWESTERN LAW REPORTER Yet not all gender nonconformists have gained only from performance demands that burden their protection. Garden-variety gender benders – those core gender identity, then protection for the trans- who object to some but not all of the conventions sexual become understandable, but protection of associated with their biological sex — remain out- the aggressive woman from feminine workplace side the law’s protection and continue to be subject demands is rendered mysterious. to their employer’s gender conformity demands. Employers remain free to adopt and enforce sex- based grooming codes requiring, for example, that men refrain from wearing earrings or that they keep their hair short. “The current trajectory of expansion The result is a body of case law that is on a tra- jectory while still being in something of a muddle. may be bringing new protections for The trajectory is in the direction of greater and individual gender nonconformists at the more expansive protection for the ways in which people experience and express their gender. The expense of a subtle hardening of gender muddle is due to the fact that the trajectory is expectations for everyone.” imperfect. Some workers continue to be denied protection for their gender nonconforming con- duct, and it is difficult to identify a single guiding principle or rule to explain who wins and who loses. The cases look contradictory and even incoherent. My goals in this book are twofold. First, I seek to To the extent, for example, that one reads the explain the muddle. Antidiscrimination law has always gender nonconformity protection as reflecting a reflected a mosaic of principles and values rather “We have laws that commitment to formal neutrality, the protection than a single commitment or requirement. It is the prohibit [gender] for the aggressive woman may make sense, but search for a single guiding antidiscrimination principle discrimination and permitting sex-based grooming codes and penaliz- that makes this area of sex discrimination law look a constitutional ing garden-variety gender benders looks irrational. particularly inconsistent and incoherent. I strive…to right to equal To the extent that one reads gender nonconformity identify the range of different values and principles protection. To give protection as reflecting a narrower commitment to underlying contemporary sex discrimination juris- meaning to these eliminate only those gender performance demands prudence generally and to reveal the work that these that are directly at odds with job requirements, different principles are doing driving courts’ quickly then failure to protect garden-variety gender bend- changing response to gender nonconformists. ers may become more Second, I seek to raise a note of caution about understandable, but the trajectory. The most recent expansion of protection of the protection for gender nonconformists is due to an effeminate man increasing medicalization of gender in the courts. and the transsexual Protection for transsexuals, in particular, has becomes perplex- depended in large part upon courts’ acceptable of ing. Finally, to the testimony by medical experts affirming the fixed, extent that one stable, and immutable nature of gender identifica- reads gender non- tion in those who suffer from gender identity disor- conformity pro- der. Such evidence, however, serves to essentialize guarantees, cred- tection as shielding the gender experience not only of transsexuals but ibility discounting workers of women and men generally, defining masculinity should count as and femininity for everyone in terms of fixed, stable actionable discrimi- and highly tradition forms of gender performance. nation. As history Paradoxically, then, the current trajectory of expan- has shown, the sion may be bringing new protections for individual law can transform gender nonconformists at the expense of a subtle social practices hardening of gender expectations for everyone. that undermine At its core, this book is more a work of doctrinal gender equality. deconstruction than of moral philosophy. It seeks But first, these to explain not when discrimination is wrong in some practices must be abstract moral sense but when discrimination is called by name.” wrong as a matter of law in the Unites States in the —Deborah early decades of the new millennium. Moreover, it Tuerkheimer, Class challenges existing law not on theoretical grounds but of 1940 Research on the grounds of the law’s concrete implications for Professor of Law in workplace freedom, sex equality, and gender fluidity. Ms. Magazine

SPRING 2020 | 17 Establishing a Foothold in Silicon Valley

The San Francisco Immersion Program, a partnership between the Law School and Kellogg, provides hands-on experience in the epicenter of tech. By Ed Finkel

18 | NORTHWESTERN LAW REPORTER or the past few winter quarters, a an understanding of business strategy, select group of Northwestern Pritzker quantitative and financial skills, communica- Law students, together with their tion and presentation skills, and an entrepre- Kellogg School of Management coun- neurial mindset.” terparts, have ditched their winter hats and Kellogg started its effort for many of the gloves and traveled west in order to immerse same reasons — to give students exposure to themselves in the world of Silicon Valley. and experience in the tech world, to engage Housed in Northwestern’s San Francisco with alumni on the West Coast, and to provide campus and open to second- and third- a differentiator for prospective students, says year students, the 10-week San Francisco Michael Xenakis, adjunct lecturer of innova- Immersion Program, which is directed by tion & entrepreneurship, who runs the pro- Emerson Tiller, J. Landis Martin Professor of gram at Kellogg. Sixty-three Kellogg students Law & Business, combines externships at participated in the first three years, and they companies like eBay and Impossible Foods with classroom instruction by professors from both schools. The externships, which, for law students, take place in general counsel’s offices, provide not only valuable experience but contacts in the tech world, many of whom A lot of people in law school go in with the idea are Northwestern alumni. that they’re going to work at a firm forever. The Launched as a Kellogg initiative in 2017, the Law School was invited to join as a partner legal profession has tracks that you follow. This a year later. The program piloted with limited program got me thinking outside those tracks.” enrollment but quickly attracted attention and interest from students hoping to work in the tech world after graduation. For the currently cap their side of program at about 30 That combination suited Mason Willis (JD 2020 session, the program had 30 applications students per year. Participating students from ’20), who originally hails from the Bay Area and and enrolled 20 students — roughly double both schools say the combination of hands- wants to return to his hometown to practice in the number of previous years. “We’re seeing a on experience and close relationships with the technology field after graduation. “Those need for law schools to do more than just pre- classmates is what makes the program stand 10 weeks changed the way I think about my pare students with critical thinking and legal out. “It allows them to combine the academic career,” Willis says. “A lot of people in law reasoning skills,” says Don Rebstock, associate rigor with that unique, hands-on experience of school go in with the idea that they’re going dean of admissions and career services. “There working at startups in particular, and venture to work at a firm forever, or move forward on are other competencies students need, like firms,” Xenakis says. the standard route that’s out there. The legal profession has tracks that you follow. This pro- gram got me thinking outside those tracks.”

A CLASS APART While the externship experience may seem to be what makes the program unique, both students and professors say the coursework sets the program apart from the typical Law School fare. Courses like Information Privacy and Social Entrepreneurship are San Francisco-only offerings, and the opportunity to bond with Kellogg students is another unique feature. “They’re going side by side with Kellogg students to classes,” Rebstock says. While courses around entrepreneurship have historically revolved around preparing students to represent entrepreneurs, “this is also about preparing a subset of our students to be entrepreneurs themselves.” Taking classes with a cross-disciplinary group of students leads to rich conversations, previewing the types of discussions lawyers and company leaders will have for the rest of their careers, Xenakis says. “When the question

SPRING 2020 | 19 raised is, ‘how do you think about this busi- ness, and would you invest?’ business school students without fail go toward, ‘What’s the competitive advantage?’” he says. “Law students bring to bear whether there are intel- lectual property issues, and are they defen- sible. The more perspectives and viewpoints, the better.” Joshua Bruce Deal (JD ’19), who went through the program in Winter 2018, appreci- ated the interactions with Kellogg students in both the present and future tenses. “My clients will be business leaders. It was valu- able to have the opportunity to interact with them and see the type of training they’re focusing on,” he says. “Law students have our nerdy conversations. Business people have their nerdy conversations. It’s good socially because it’s a reminder to broaden your horizons.” Willis also appreciated the exposure to students who plan to join startup companies. “That wasn’t on my radar before doing this LEARNING ON THE JOB At eBay, Arroyo handled a different project program, in terms of taking a risk with my To date, the externships have provided a range each week for different practice groups as career,” he says. “My eyes were opened to of experiences, which can vary depending on part of a rotation that included two weeks at alternative avenues towards a happy life.” the growth stage of the company. At a mature subsidiary company StubHub. “Everyone I met Maria Arroyo (JD ’20), who externed with company, a student might get experience in was so accomplished and so, so smart,” she eBay as part of the 2019 program, says Law different divisions, spending time in labor and says. “Everyone took the time to get to know School students stood out in the combined employment, and then in intellectual prop- me. I felt really welcomed.” law-business classes. Business students “would erty, Tiller says. “Whereas at a startup, it’s more Willis, who worked at the 3,000-person tech often have optimistic comments about the fast and loose — they could get anything that company Genes prior to law school, wanted growth of a company, like whether it could go might be coming their way,” he says. “It’s an to try a different environment and was placed global,” she says. “The JDs brought reality to excellent opportunity for people who have at the 70-person startup Ouster, which builds lasers for self-driving cars. He reported to general counsel Myra Pasek (JD ’90), a veteran of companies like Tesla and Impossible Foods, where she also hosted externs. “She didn’t The JDs brought reality to class discussions: have a legal team. It was just me and her,” Willis says. “Because she is literally the only ‘Is this actually a good idea? Is the IP protected?’” lawyer at this rapidly growing company, she does everything.” That included corporate governance, employment law, health and class discussions: ‘Is this actually a good idea? not had any prior business work experience safety, contracts and intellectual property. “I Is the IP protected?’” to get inside a company and diversify their got exposed to everything. I helped review In turn, law students learned to keep a bal- own portfolio of experiences,” he says. “We contracts, draft health and safety manuals, and ance between identifying risks and getting think that will help create a gateway for a lot I interacted with outside counsels.” overly fixated on them. “Professors encour- of students.” As an alum, Pasek knew that she would aged us to keep an open mind,” Arroyo says. Deal, who did his externship with the get high-quality students when she took on “To be okay with the fact that there’s risk.” And human resources company Gusto, says the externs. She gave Willis work that was appro- realize that the Kellogg students’ optimism “is gig required some adjustments on his part. priate for his experience but also substantive the mindset you need to have when founding When he showed up the first day wearing a tie, and helpful to her, such as preparing for the and building a company.” a rumor began that the company was being company’s next round of financing by creating That much of the instruction is done by audited. In addition to a casual dress-code, he a repository for all of its important documents. people who are in the field, such as partners in was surprised to find an open-concept office “When you’re a startup, you don’t have the venture capital firms, was another perk, Arroyo with big screen TVs showing the company’s money to hire everybody you might want. It says. “These people are actually doing the metrics. “Going from the formality of the law was really helpful to have access to somebody job, interacting with each other in real deals firm world to the energy and informality of who’s smart and could do good work,” she that are going to happen. That was one of my the startup culture was shocking, exciting,” says. “It was work I would have done myself, if favorite things I experienced.” he says. I could clone myself. He worked with outside

20 | NORTHWESTERN LAW REPORTER counsel to update our employment agree- has in-house work in mind down the road. ments. He did things that needed to be done, “Employment law is one of the first positions The Spring that didn’t require a ton of legal judgment, a company hires when growing their legal but required somebody who’s smart, and can team,” she says, adding that she appreciates Break write well, and basically manage the project.” how well the program prepared her to net- The externship offered Willis an experi- work. “I’m a first-generation student. I’m not Alternative ence he might not have gotten otherwise. completely familiar and comfortable all the “He got to see the inner workings of what a time with marketing myself.” Law School students who don’t want legal department does at a super-promising Northwestern Pritzker Law alumni have to spend an entire term in San Francisco startup,” Pasek says. been playing a growing role in the San — and those who might but aren’t sure yet —can take advantage of an annual Spring Break travel opportunity that provides exposure to Bay Area attorneys and the entrepreneurs, private equity When you’re a startup, you don’t have the money investors and venture capitalists they represent. to hire everybody you might want. It was really “We try to show how that entire eco- helpful to have access to somebody who’s smart system works, how it’s different, how it developed like it did, and how the differ- and could do good work.” ent [stakeholders] like founders and law- yers work together,” says Darren Green, senior lecturer in the Donald Pritzker Entrepreneurship Law Center (DPELC) . THE SOCIAL NETWORK Francisco Immersion Program, whether “We’ll often focus on innovation, trying to Since the program’s launch, some participants hosting externs, teaching in the program, get them thinking about how these com- have found jobs with Silicon Valley firms, and or appearing as guest speakers, Tiller says. panies are innovating in their space.” all have built their networks, Tiller says. “That’s “There’s a lot of distance between Chicago and The companies who take part range one of the things we hoped would happen. It’s Silicon Valley, so our Bay Area alumni aren’t from early stage startups to mature not necessarily jobs at the companies them- always as active,” he says. “This is a chance to companies like Google. “We were at selves — [general counsel’s office at a tech engage our alumni on the West Coast more. Impossible Foods two years ago when it company is] often the resting place after three, Whether they’re teaching, mentoring, or wasn’t on people’s radar,” Esther Barron, four, five years at a law firm,” he says. “The appearing as a panelist at a conference — this director of the DPELC, says. “We met with hope was that these experiences would make provides ways to engage our alumni that we the general counsel, we met with scien- them more attractive to law firms, especially never could before.” tists, we got a tour of the facility and got Bay Area law firms. We’ve seen that bear fruit.” This is especially important since, as Deal an idea of what the future might look like. The externship and the program over- notes, California is a top destination for Law Now, they’re everywhere.” all worked out well for Deal, providing the School alumni. “I would encourage members Barron says the Spring Break trip, contacts that led to his current job for the Palo of the Bay Area Northwestern Law Alumni which pre-dates the immersion pro- Alto-based firm Cooley LLP. “This program was community to engage with this program — gram, works directly with the immersion an inflection point of my legal career,” he says. even something as simple as making an intro- program to create new ways to partner. “It’s possible I would have ended up out there duction, speaking to a class, or giving students “There are a lot of students who have an without the San Francisco program, but I do a tour of where they work,” he says. “It will give interest in that part of the country. It’s a think it changed my life.” those students a sense of what the practice work in progress, to a certain extent, how Following his experience in the San of law looks like beyond the classroom, and we merge the programs. There will be Francisco Immersion Program, Willis worked beyond the Midwest.” further integration over time.” as a summer associate at the San Francisco law firm Morrison & Foerster, where he will return to work full time after graduation. “This program is exceptional to give you real, hands-on corporate work, which you don’t necessarily get in law school,” he says. “It’s an opportunity to get exposure in a region where corporate work is integral. I found that to be incredibly valuable.” Arroyo spent the summer after the San Francisco program working at Atkinson Anderson in Los Angeles, handling labor and employment work, and while she expects to work for a firm after she graduates, she

SPRING 2020 | 21 Northwestern’s schools of engineering and law join forces to refine and preserve the rule of law worldwide. “We want to leverage technologies to create the kind of society we want to live in. Together we can use technology to better realize our foundational principles of justice.”

KIMBERLY YURACKO Dean, Northwestern Pritzker School of Law

Though judges and juries strive to be impartial, a deep look at “We want interdisciplinary teams both to create new tools and to macro-level patterns found in data calls into question whether understand how the other side thinks and works,” says Julio M. Ottino, this is actually the case. dean of the McCormick School of Engineering. “With that under- standing comes a new way of collaborating that will lead not Take the death penalty, for example. Only after researchers began only to innovation but also to leadership in artificial intelligence to study who was sentenced to death rather than to life in prison did and the law. It’s a space that’s primed for guiding principles.” patterns related to ethnicity emerge. A 1990 US General Accounting Office report combined 28 different studies of homicide cases “Those working in law must understand AI technologies to help to find that, among defendants with similar criminal histories, those regulate and use them to make legal systems more efficient and whose victims were white were several times more likely to receive fair,” says Kimberly Yuracko, dean of Northwestern Law. the death penalty than those whose victims were African American. “We want to leverage these technologies to create the kind of Nearly 30 years later, advances in artificial intelligence (AI) and society we want to live in. Together we can use technology to machine learning enhance our ability to understand other important better realize our foundational principles of justice.” insights in legal proceedings previously hidden in large datasets. These tools give rise to many other opportunities — and challenges. FORGING NEW LAW AND TECH PARTNERSHIPS On one hand, software can help lawyers prepare for litigation. Both computer science and law faculty approach this partnership On the other, it might give them an unfavorable advantage. with caution because of the widespread use of AI systems in media If attorneys can identify a pattern of words or terms in documents for the dissemination of “fake news.” As algorithms play a heavy hand that can be used to guide judges to rule in their favor, should they be in offerings to readers, false information can be presented able to use them? Because these tools are so new, should legislation to reinforce a reader’s point of view. govern their use? How can lawyers and engineers work together to “Now we have news filter bubbles and weaponization of information,” make these tools not only useful but also fair by design? says Kris Hammond, Bill and Cathy Osborn Professor of Computer These are the questions Northwestern Engineering and Northwestern Science. “Unless someone is at the wheel, bad things like this Pritzker School of Law faculty and students hope to answer can happen. But if the right people are making decisions, these through new courses, research projects, and joint initiatives at the advanced technologies can be magnificent.” intersection of technology and law to help shape the future of legal services, judicial systems, and the law itself.

SPRING 2020 | 23 “We can collaborate to create law and technologies that promote human rights and expand and preserve the rule of law around the globe.”

DAN LINNA Director of Law and Technology Initiatives

This fall, Northwestern Engineering and Northwestern Law enhanced Hammond, and David Schwartz, professor of law and associate dean their collaboration by appointing Dan Linna as the director of law and of research and intellectual life. technology initiatives, the first joint position in law and engineering. “We wanted to teach law and computer science students to work With his background as an IT consultant and as an attorney repre- together,” Hammond says. “We wanted to develop a real partnership senting international corporations and technology clients, Linna has to solve these problems. The results were breathtakingly successful.” experience on both sides of the equation. At Michigan State University, he founded LegalRnD–the Center for Legal Services One team developed a system that uses AI to check a set of clauses Innovation. At Northwestern, he aims to work with faculty and in a contract during negotiation in a fraction of the time an associate teach students at both the law and engineering schools to improve normally takes to complete. “Humans are still involved in the legal services and determine the best path for regulation of process—this just takes one part of the problem off somebody’s emerging technologies. plate,” Hammond says.

“Technology is already changing the delivery of legal services,” he Another group developed an application related to telemedicine, says. For example, some legal search services use natural language where doctors provide consultations remotely. While this technology processing and semantic analysis in their retrieval processes, while provides quick and easy diagnoses, it raises legal questions others provide text analytics and machine learning to support for doctors, in-house counsel, and insurers. The team’s application the discovery process. Emerging products include AI software that allows these stakeholders to ensure a doctor is compliant in can learn from the decision history of a court or judge to predict providing telemedical care in any of the 50 states by answering outcomes or provide insights into the opposing counsel. a series of questions.

“We want to work with big law firms, legal aid groups, and within the legal ecosystem overall to improve access to the law and help CREATING SYSTEMS GUIDED BY improve legal systems,” he says. Also, lawyers could help lead DEMOCRATIC PRINCIPLES how AI regulations are structured. “We want to be proactive, and ask how law and regulation can facilitate innovation that seizes Initiatives like these will help lead the way to a future that isn’t opportunities to improve society for everyone.” mired in the legal equivalent of “fake news.”

“We can build a road to a future where the use of these technologies ENGINEERING AND LAW STUDENTS aligns with the goals and values of the law: fairness, transparency, WORKING TOGETHER responsibility, culpability, and liability,” Hammond says. “If we’re going to use these technologies well and correctly, we have to Linna teaches at both Northwestern Law and Northwestern have this convergence.” Engineering. In law, he teaches Artificial Intelligence and Legal That will help both those in the legal system and those who find Reasoning, helping to demystify the technology and motivate themselves caught within it. “What if we were proactive and students to consider how to use data and technology to improve created a world where the law was embedded in systems to respect the delivery of legal services. In engineering, he instructs human rights and democratic principles from the beginning by Master of Science in Artificial Intelligence students about law design?” Linna says. and the governance of AI. “I want computer scientists not only to understand regulation, but also to shape it and create an “We can collaborate to create law and technologies that promote environment where these tools will be used for good,” he says. human rights and expand and preserve the rule of law around the globe.” This past winter and spring, students from both schools came togeth- er in CS+X Innovation Lab: Building Technologies for EMILY AYSHFORD the Law. Thirty-two engineering and law students were divided into six teams and charged with designing, developing, and testing inno- This article originally ran in the Fall 2019 issue of Northwestern vative products in the legal space. The course was taught by Linna, Engineering.

24 | NORTHWESTERN LAW REPORTER FINDING A BETTER WAY TO STUDY FEDERAL COURT RECORDS Northwestern researchers and students have What made most sense was to download “It’s a fundamental artificial intelligence launched a cross-disciplinary pilot project all the federal court records and create their and computer science problem,” says Kris that could put the University at the forefront own open and searchable database. A great Hammond, Bill and Cathy Osborn Professor of enabling artificially intelligent access idea, but such an endeavor could cost $100 of Computer Science. “How do you give to federal court records. Accessing those million. Problem solvers by trade, the group people access to complex analytics when records through the current online PACER members found that if they downloaded they don’t know how to describe exactly (Public Access to Court Electronic Records) only the table of contents for each case, what they need? The answer—by employ- system is onerous. Not only is the interface they would have enough information about ing natural language to drive search and not intuitive, but the federal government the judge, attorneys, litigants, and cases analytics.” charges 10 cents per page downloaded. to create a useful database. The pilot was so successful that the initiative For researchers who want to look for patterns received funding from the National Science among the records, that’s no small fee. In INCREASING OPENNESS Foundation. The Northwestern team is work- 2018 alone, the federal court system handled AND FAIRNESS ing with Solstice, a Chicago-based digital approximately 300,000 new civil cases and strategy and user experience firm, to design 75,000 criminal cases generating millions of The group launched the Northwestern Open and deploy the first version of this system. content pages. Access to Court Records Initiative to prove “We hope to create an ecosystem of appli- the concept. The first step was to download “It makes no sense,” says Luís Amaral, Erastus cations and tools that will enable reporters, information from all federal civil and criminal Otis Haven Professor of Chemical and lawyers, economists, political scientists, lawsuits brought in the years 2010 and 2015 Biological Engineering at Northwestern and the public to study this system,” Amaral for the US District Court for the Northern Engineering. One of Amaral’s specialties is says. “The courts system should be a para- District of Illinois (covering Chicago) and finding new patterns among large data sets. gon of openness and transparency. This the Northern District of Georgia (covering So when he heard David Schwartz, professor system will help with that.” Atlanta). They also downloaded biographical of law and associate dean of research and information on all active judges in the two EMILY AYSHFORD intellectual life, give a presentation about districts and identified all publicly traded this problem, Amaral started thinking about corporations named in a case. This article originally ran in the Fall 2019 issue solutions. of Northwestern Engineering. Last winter quarter, as part of the initiative, “If we can’t see or measure what’s happening a group of students in CS+X Innovation in the judicial system, how can we know Lab: Building Technologies for the Law, was what’s going well, or what needs improve- charged with creating a pilot system through ment?” he says. Amaral, who also codirects which potential users could ask questions the Northwestern Institute on Complex like: How does the ethnicity of judges cor- Systems, got together with a group of relate with their caseloads? Does litigation computer science and Law School faculty involving large publicly traded companies dif- members to consider the problem. fer from other litigation in terms of duration, litigation intensity, settlement rates, and case outcomes? Does litigation involving minority-owned companies differ from other litigation?

“We hope to create an ecosystem of applications and tools that will enable reporters, lawyers, economists, political scientists, and the public to study this system. The courts system should be a paragon of openness and transparency. This system will help with that.”

LUÍS AMARAL Erastus Otis Haven Professor of Chemical and Biological Engineering

SPRING 2020 | 25 “A Brilliant Leader”

Saying Good-Bye to David Ruder

26 | NORTHWESTERN LAW REPORTER avid S. Ruder, dean of Professor of Law. “For me personally, he was Northwestern University a dear friend, mentor and advisor. David wel- School of Law from 1977 comed me with warmth and kindness when to 1985 and former chair- I joined our faculty and was always generous man of the U.S. Securities and Exchange with his time, wisdom and support.” Commission (SEC), died February 15. He A leading scholar in corporate and was 90 years old. securities law, Ruder taught courses in Ruder, a brilliant leader and the William enforcement, insider trading, tender offers W. Gurley Memorial Professor of Law and other regulatory topics. “I got to know Emeritus, joined the Northwestern Law David when I took senior research from him faculty in 1961. As dean he helped plan and really appreciated his intellect and wit,” the construction of the Rubloff Building said Pete Wentz (JD ’74), former associate and the remodeling of Levy Mayer and dean of the Law School. “He was notorious McCormick Halls, and he recruited several for scheduling his make-up classes at 7:30 distinguished scholars to join the Law a.m., which we called wake-up makeup. School faculty. “David Ruder transformed And he appeared to love it when we Attending the 1985 Northwestern Law graduation this school into a center of scholarly suc- showed up in pajamas eating our Cheerios.” ceremony in his final year serving as Dean. cess,” said Martin H. Redish, Louis and Of his teaching style, Herbert Beller (JD Harriet Ancel Professor of Law and Public ’67), professor of practice, added: “He had the legal profession, and also could be the Policy. “The faculty members he added a non-intimidating teaching style and an most relatable, down-to-earth friend,” said make up a who’s who of Northwestern Law ability to approach subjects from both a Carole Silver, professor of global law and School scholarly history. He will always be scholarly and practical perspective.” practice. remembered as one of the most impactful Ruder wrote some of his earliest scholarly Ruder was the author of many papers deans in Northwestern Law history. It is a papers on insider trading issues, becoming and articles in the area of corporate and testament to his commitment to the Law known as an expert on the SEC’s antifraud securities law, testified before Congress 45 School that to the very end, he participated rules. He became Professor of Law Emeritus times, and made more than 600 speeches in Law School activities.” on Sept. 1, 2005, and continued to teach at and public appearances. He participated as a committee chairman or member in the preparation of 12 substantive public policy securities and corporate law reports. “The thing about David Ruder is that you always knew he had his eye on the ball, the goal being building —and not just liter- I still have people come to me from the ally — the honesty and strength of our legal education, while preparing students, and SEC and they say ‘you were one of our best insisting from our community that the high- chairmen ever.’ They’re not talking about est professional standards be upheld,” said Leigh Bienen, a senior lecturer. the results that I got. They’re talking about Ruder served as chairman of the SEC from Aug. 7, 1987, to Sept. 30, 1989. When the fact that I listened to them.” President Ronald Reagan nominated him for the position, the late Donald P. Jacobs, —David Ruder dean of Northwestern’s Kellogg School of Management at the time, said in a Chicago Tribune article, “If toughness is needed, Ruder also led a $25 million Law School the Law School through the academic year he’ll be tough.” capital campaign and helped persuade the 2016-2017. “David was a unique combina- During his service as chairman of the American Bar Association and the American tion of encouraging, generous, kind and SEC, Ruder confronted what is still the Bar Foundation to move their headquarters loyal, thoughtful, curious, critical (in the largest single-day stock market crash in to the Rubloff Building. best sense) and challenging (ditto), all United States history, on October 19, 1987. “David took such delight and pride in with a twinkle in his eye. He was a terrific The Dow Jones Industrial average fell over the Law School,” said Kimberly Yuracko, colleague, ready to engage on topics from 20 percent and regulators had to con- Dean and Judd and Mary Morris Leighton securities regulation to corporate law to front new and complex issues relating to

SPRING 2020 | 27 program trading and illiquidity in the mar- kets. Working with President Reagan, the Department of Treasury, the Federal Reserve, the U.S. Congress, and the Exchanges, the SEC implemented new mechanisms to protect the markets, including “circuit breakers” that are still in place today. He also supervised enforcement actions against violators of anti-fraud laws, initiated a program aimed at eliminating penny stock fraud, and expanded SEC initiatives pertain- ing to international securities regulation. Being sworn-in as Chairman of the U.S. Securities and Exchange Commission by Justice Antonin Scalia in 1987, Returning to the Law School follow- alongside his wife, Susan Ruder ing his time in Washington, Ruder was instrumental in planning for three annual Said Henry Bienen, former president of ‘Professor Ruder, I had you for securities continuing legal education programs in Northwestern University: “David Ruder regulation, and you really enthused me, and securities and corporate law: the Corporate was an honorable and upstanding public now I’m a securities lawyer.’ Counsel Institute (Chicago), the Securities servant and academic leader. He made great “And I really was pleased with what I did Regulation Institute (San Diego) and the contributions through his service as chair at the SEC. I still have people come to me Ray Garrett Jr. Corporate and Securities of the SEC and dean of Northwestern’s from the SEC and they say ‘you were one of Law Institute (Chicago). now Pritzker School of Law to which he our best chairmen ever.’ They’re not talking From 2002 to 2010 he served as the also contributed over the years as a distin- about the results that I got. They’re talking founding chairman of the Mutual Fund guished member of the faculty. He will be about the fact that I listened to them. I Directors Forum, a not-for-profit organiza- missed by his many friends and colleagues.” took their points of view, and I changed my tion devoted to educating independent Ruder was once asked what he was most mind if I was wrong.” mutual fund directors. In 2015 he served proud of in his career, during an interview Tom Geraghty, Class of 1967 James B. Haddad Professor of Law and former direc- tor of the Bluhm Legal Clinic said he loved working under the guidance of David Ruder when he was dean. “He was a brilliant leader — ambitious, confident, hard driv- ing and yet kind,” Geraghty said. “He was David Ruder transformed this school into a responsible for attracting outstanding fac- ulty to the school and he built a magnificent center of scholarly success. He will always building. He successfully encouraged his colleagues to do their best work. We always be remembered as one of the most impactful felt that he was in our corner. He was our deans in Northwestern Law history.” colleague, our leader and our friend.” Ruder was especially proud of the work and the many successes of the Bluhm Legal —Martin Redish, Louis and Harriet Ancel Clinic. “He had powerful commitment to Professor of Law and Public Policy clinical legal education, which he recog- nized — well before the deans at some other top law schools — as an essential as co-chair of a program presented in for a Northwestern Law oral history project. component of a modern legal education,” Washington, D.C., on “The Future of the He pointed both to his scholarly work and said Steven Lubet, Edna and Ednyfred H. Securities and Exchange Commission in his time at the SEC. Williams Memorial Professor of Law. a Changing World,” presented by The “I’m proud of the fact that in my early days Ruder was born May 25, 1929, in Wausau, American Assembly of Columbia University I wrote a lot of articles that people cared Wisconsin. He received a bachelor’s degree, and other organizations, which examined about, I’m proud about being involved in cum laude, in 1951 from Williams College policies, approaches and strategies aimed continuing legal education,” Ruder said. and his law degree with honors in 1957 at improving the effectiveness of the SEC in “And I can’t tell you how many times I from the University of Wisconsin, graduat- the new financial and global environment. meet somebody on the street, and they say, ing first in his class and serving as editor in

28 | NORTHWESTERN LAW REPORTER chief of the Law Review. He was a member of Phi Beta Kappa and the Order of the Coif. The son of a lawyer, Ruder returned to David was a unique combination of his home state of Wisconsin after serving in the Army to attend law school, with plans encouraging, generous, kind and to practice law with his father. “My dad was a lawyer and without know- loyal, thoughtful, curious, critical and ing it, you follow in your father’s footsteps,” challenging, all with a twinkle in his eye.” Ruder said. He would go on to practice law in Milwaukee at Quarles, Harriott, —Carole Silver, professor of practice and Teschner, now Quarles and Brady. He would also serve as of counsel at Schiff Hardin (Chicago), and as partner and senior counsel at Baker & McKenzie (Chicago). Business Law; American Law Institute; and Achievement Award and in 2016 joined the Ruder was a member of numerous Committee on Professional Responsibility American College of Corporate Governance organizations and served on several of the Illinois Supreme Court. as an honorary fellow. boards throughout his career including He received an honorary Doctor of Laws Ruder is survived by his wife, Susan; the Joint CFTC-SEC Advisory Committee degree from the University of Wisconsin- daughter, Julia Ruder San Fratello (Charles on Emerging Regulatory Issues; Mutual Madison on May 17, 2002. In 2007, he San Fratello); sons, David S. Ruder II and Fund Directors Forum; Public Company received the William O. Douglas Award John C. Ruder (Kate Ruder); stepchildren, Accounting Oversight Board Advisory conferred annually by the Association Elizabeth Frankel (Charles Steinhorn) Council; International Accounting Standards of Securities and Exchange Commission and Rebecca Wilkinson; and grandchil- Committee Foundation; Securities and Alumni (ASECA) on an SEC alumnus who dren, Jack and Ashley Ruder, Nathalie San Exchange Commission Historical Society; has contributed to the development of Fratello, Wes and Quinn Ruder, Sarah and National Association of Securities Dealers, the federal securities laws and served the Maureen Steinhorn, and Travis and Aurora Inc.; Task Force on the Future of Shared financial and SEC community with distinc- Wilkinson. He was preceded in death by State and Federal Securities Regulation; tion. In 2009, he received the Institutional his daughter, Victoria “Tory” Ruder (Peter American Bar Association Section of Investor Mutual Fund Industry Lifetime Phillips) and sister, Josephine Stone.

SPRING 2020 | 29 CLINIC NEWS

works to build connections to find solutions to increase with partners throughout funding, including potential Clinic News the University. Past projects opportunities at the local or offered through the EAC and regional level. ISEN have included partner- According to Eleanor ships with global conservation Morris, Senior Policy Advisor organizations like the World at The Nature Conservancy, Wildlife Fund, but this par- water is a huge issue for a ticular project was a first-time lot of areas in the West and collaboration. Midwest that often experience phenomena such as droughts and flooding. Water manage- Partnership Explores Why Colorado? ment and water use across the United States has been a top In 2015, the state of Colorado priority of the conservancy. Funding Measures for created a water plan focusing Colorado Water Plan on future water needs, recre- ation, tourism and agricul- A Promising ture. The state and partners The Nature Conservancy, a funding for the implementa- have identified nearly $17.5 Partnership global environmental non- tion of Colorado’s Water Plan. billion to fund many ele- Though the Conservancy profit organization, partnered Collaborations and part- ments of the $20-billion plan. has an extensive network of with the Bluhm Legal Clinic’s nerships with organiza- Unfortunately, many of the relationships with elected Environmental Advocacy tions such as The Nature plan’s conservation elements officials, decisionmakers, and Center (EAC) this year to Conservancy are routinely remain underfunded. agency officials, Morris states pursue an ambitious research facilitated by the Institute of To address this issue, The that, “one of our weaknesses project: exploring potential Sustainability and Energy at Nature Conservancy is work- is that we need to shore up opportunities to increase Northwestern (ISEN), which ing with a broad coalition our policy development and

Lake Granby in Colorado.

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multi-disciplinary center, stu- dents work alongside a range Karen Daniel of experts such as attorneys, Named scientists, and economists to gain insight and experience in Champion of evaluating and implementing Justice solutions to environmental challenges. The Innocence Network “I’m going to work in a pri- awarded its 2020 Champion vate law firm when I graduate, of Justice Award to Karen so I wanted to get more public Daniel, the late director interest experience [because] of the Center on Wrongful I hadn’t had the opportu- Convictions. The Innocence nity to work for a nonprofit,” Nancy Loeb, clinical associate professor of law and director of the Environmental Network is an affiliation of Morgan said. “I’ve been really Advocacy Center organizations dedicated into environmental law, had to providing pro bono legal taken environmental law research capacity. So, part- if we can find a way to use and investigative services classes, and it always sounded nering with an organization existing mechanisms to fund to individuals seeking to really interesting so I thought like Northwestern University conservation measures,” prove innocence of crimes that would be a good way to and engaging with students says Morgan. for which they have been combine all those different was a great way to help us fill “Emily’s research really convicted. They also work interests.” that gap. We don’t have the helped ground truth for to redress the causes of “I see this partnership with expertise to dig into different us—what it takes to create wrongful convictions, and Northwestern as an opportu- legal analyses or to under- a special district and the support the exonerated nity to help figure out how we stand what policy options elements of it,” says Morris. after they are freed. The can work together in the long might be.” “That it is both simple and Champion of Justice term and how we can really fill In the EAC course, law complicated at the same time. Award was created to that gap for the Conservancy,” students work directly on She helped validate some of honor individuals who go said Morris. “But it’s also cases while learning to assess the assumptions that we had above and beyond in sup- environmental issues and porting and championing develop strategies around efforts that free the wrong- litigation, administrative fully convicted and that proceedings, legislative and reform the criminal justice rule-making proceedings, “Partnering with the EAC helped us system to prevent wrong- advocacy, and media. ful convictions. It recog- Emily Morgan (JD ’20) fill a gap because we don’t have the nizes those whose work provided legal assistance in expertise to dig into different legal strengthens the integrity partnership with The Nature of the justice system, is Conservancy to supple- analyses or to understand what our imbued by their sense of ment the coalition’s project. policy options might be.” fairness and professional- Morgan’s research centered ism, and demonstrates a around legal and adminis- —ELEANOR MORRIS, SENIOR POLICY ADVISOR AT THE lasting dedication to the trative processes as well as NATURE CONSERVANCY fair execution of the law. evaluating existing limits in In addition to her work creating new water districts representing clients and in Colorado. Water districts but brought some additional creating talent. It’s creating teaching at the Clinic, are political subdivisions that information that helped with the expertise with students Daniel was a member of are assigned specific duties our decision making.” that we will then want to hire the Innocence Network such as water delivery and Overseen by Nancy Loeb, in the future to help us figure Board from 2013, when disposal. “My research [for clinical associate professor of this out. In the short term, she became the co- the Conservancy] was trying law, the EAC takes on cases of we’re getting the product and director of the Center on to look into local government real-world clients to provide the information we need now, Wrongful Convictions, until entities and [understand] how students with opportunities but it’s also helped develop shortly before her death in water distribution works now. to practice law and advocacy, that talent and that expertise December 2019. I also researched how funds with a focus on environ- for future TNC employees.” are currently obtained and mental problem solving. A —Ginny Lee

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partnered with Reverend Robin particularly egregious when Faculty and Former Hood, a West Side community the perpetrators target elderly, activist and founding member African American homeown- Clinic Fellow Receive of Mothers Opposed to Violence ers in a community that has Everywhere (MOVE), in their endured much and suffered Walter J. Cummings advocacy for the victims. much, whose sole asset of sig- Sorensen, Tenenbaum, and nificance is the equity in their Award Meyer went on to represent homes.” the victims in multiple foreclo- Clinic Director Emeritus Two Northwestern Pritzker victims of Mark Diamond, a sure and eviction proceedings and Class of 1967 James B. School of Law professors and a Chicago man charged with as well as in appellate court, Haddad Professor of Law former fellow with the Bluhm swindling elderly homeown- the bankruptcy proceeding Tom Geraghty is the only Legal Clinic were awarded ers — mostly African American of one of the mortgage lend- other Northwestern Pritzker the prestigious Walter J. Cummings Award for pro bono service from the Chicago Chapter of the Federal Bar Association. Juliet S. Sorensen, clinical professor of law, J. “Financial exploitation of vulnerable victims is Samuel Tenenbaum, clinical unacceptable. It is particularly egregious when professor of law and director of the Complex Civil Litigation the perpetrators target elderly, African American and Investor Protection homeowners in a community that has endured much Center, and Elise Meyer, former Schuette Clinical and suffered much, whose sole asset of significance Fellow in Health and Human is the equity in their homes.” Rights, were recognized for their representation of more —JULIET SORENSEN, CLINICAL PROFESSOR OF LAW than 35 elderly victims of a reverse mortgage scheme on Chicago’s West Side. women from the North ers, and as victim-witnesses Law faculty member to have The Clinic team took on Lawndale neighborhood — and in federal court. They met received the Cummings award. the case in the spring of 2018, effectively robbing them of a extensively with represen- In 2016, he was recognized pledging to represent the collective $10 million. They tatives of the Office of the for his work on the wrongful Cook County Assessor, the conviction case and ultimate Cook County Sheriff, and the exoneration of Jason Strong. Illinois Attorney General, and The award to Sorensen, Barry Fields, President of the Chicago Chapter of the Federal Bar Association, J. Samuel Tenenbaum, Juliet Sorensen, and YLD Chair Joe Sweeny strategized with community Tenenbaum, and Meyer was organizers to raise aware- presented at the “Young ness in North Lawndale about Lawyers – Meet the Judges predatory mortgage fraud. Mixer” at the Dirksen Sheri Mecklenburg of the United States Courthouse in U.S. Attorney’s Office, who November. nominated the Northwestern The Chicago Chapter annu- Pritzker Law team, compli- ally presents this award to an mented their work, calling attorney for excellence in pro it “representative of the best bono service as nominated tradition of holistic lawyer- alternately by the judges of ing, recognizing that effective the Seventh Circuit and the advocacy in complex cases Northern District. The award must be multifaceted and take is given in the name of long- many forms.” time chapter board member “Financial exploitation of and judge of the U.S. Court vulnerable victims is unac- of Appeals for the Seventh ceptable,” Sorensen said in a Circuit, the late Walter J. press release last year. “It is Cummings.

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Moore (JD ’20), Christian Leonard Northwestern Law Edmonds (JD ’20), Katherine Martinez (JD ’20) and Tara Riskin Teams Take Home Shinall (JD ’21) — barely missed the cut for the Receives Victories semi-finals. 2019 Cloke- “We are always proud of our students and coaches,” Lubet Millan at the Law School, expressed Summit Cup said. “They put in countless his appreciation for the team. Peacemaker A team from Northwestern hours of preparation under “Rick Levin does a remark- Pritzker School of Law won the guidance of remarkable Award able job of teaching our the Summit Cup champi- coaches like Rob Robertson.” young people how to become onship, which was held at Robertson expressed his Leonard thoughtful, ethical, well-pre- the University of Denver in pride in the Northwestern Riskin, pared and ultimately success- early October. Cindy Bi (JD team. “Linda, Nnenna, Harris ful trial advocates.” ’20), Michael Trucco (JD ’20), Caroline and Cody represent H. Agnew Kristen Stoicescu (JD ’20), everything that is so out- Visiting and Maddy Yzurdiaga (JD ’21) Midwest Regional standing about Northwestern Professor went undefeated in a crowded Pritzker Law’s trial teams,” he of Dispute field of the top 12 trial teams ABA Labor Trial said. “They are great lawyers Resolution, received the throughout the United States. Competition who bring integrity, persis- Cloke-Millan Peacemaker Northwestern defeated In November, a team from the tence, preparation and great Award from the Southern teams from John Marshall Law School’s Barlit Center talent to all of their work.” California Mediation Law School, Cumberland Law for Trial Advocacy won the Association (SCMA) at School, Georgetown University Midwest Regional ABA Labor its annual conference in Law Center, and American Trial Competition held in Midwest Regional November. “I feel very University, before prevailing Chicago. Linda Sun (JD ’20), Championship honored and grateful in the championship round Nnenna Onyema (JD ’20), to receive this award,” A Barlit Center for Trial against Catholic University. Caroline McHugh (JD ’20) and Riskin said. Advocacy team won The SCMA annually the Midwest Regional presents the Cloke-Millen Championship of the National Peaceaker Award to an Trial Competition, held in individual or organization February in St. Louis. Cynthia in the dispute resolution Bi (JD ’20), Ryan Neu (JD ’21), community who shows “[The competitors] are great and Madeline Yzurdiaga (JD passion and dedication to lawyers who bring integrity, ’21) defeated competition from peacemaking. Loyola University Chicago, Riskin has been a visit- persistence, preparation and great St. Mary’s University, and ing professor since 2010. talent to all of their work.” DePaul University, bringing He teaches and writes home the center’s third tour- about mediation, nego- —­ROBERT ROBERTSON, ROBERTSON DURIC nament championship of the tiation, and alternative academic year. dispute resolution and The team will go on to has worked to integrate The team was coached by Cody Goodchild (JD ’21) were compete for the National mindfulness into the Rick Levin, adjunct profes- undefeated in a competitive Championship in Texas later education of lawyers and sor of law in trial advocacy field of 24 teams. They were this year. Team members other dispute resolution and partner of Levin, Riback, coached by Robert Robertson Michael Trucco (JD ’20) and professionals. Riskin has Adelman & Flangel. “Cindy, of Robertson Duric. Kristen Stoicescu (JD ’20) also led training workshops Mike, Kristen and Maddy The Law School beat competed, defeating teams around the world and has were simply terrific,” said out teams from Marquette from John Marshall Law won numerous awards Levin. “They put their hearts University, the University School, St. Louis University, for his work, including the into their work every step of of Illinois, and Chicago Kent, and Chicago Kent. They lost Award for Outstanding the way.” before defeating Southern on a split decision in the Scholarship from the Steven Lubet, the team’s Methodist University in the semi-finals. ABA Section of Dispute advisor and Williams finals. The Law School’s Resolution in 2013. Memorial Professor of Law other ABA team — Jassiem

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Bluhm Legal Clinic Celebrates 50th Anniversary

Faculty, staff, clients and friends of the Bluhm Legal Clinic gath- ered at The Geraghty on September 19 to celebrate the Clinic’s 50th anniversary. The night kicked off with a performance by the Soul Children of Chicago, and included remarks from Kimberly Yuracko, Dean and Judd and Mary Morris Leighton Professor of Law; Julie Biehl, director of the Children and Family Justice Center and Interim Associate Dean for Clinical Education; and Thomas F. Geraghty, Class of 1967 James B. Haddad Professor of Law. Neal Katyal, former Acting Solicitor General under President Obama, gave the keynote address.

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SPRING 2020 | 35 GIVING

Chris Combe (BA ’70) and Giving Christina Combe The Combes and their family have generously committed $500,000 to support the Bluhm Legal Clinic at Northwestern Pritzker School of Law. This commitment adds to the family’s 2015 gift that established the Michael and Mary Schuette Global Fellowship in Health and Human Rights and the Michael and Mary Schuette Clinical Fellowship in Health and Human Rights, and provided support for the Access to Health Project. Mr. Combe and his family have a long and deep association with the University. He has been a member of Northwestern University’s Board of Trustees since 1997 and of the Weinberg College of Major Gifts between Arts and Sciences Board of Visitors since 1981.

July 2019 and Margaret Gibson Revord (JD ’87) and January 2020 Michael J. Revord Ms. Gibson Revord and Mr. Revord have generously pledged $150,000 to incentivize student and young alumni giving Anonymous through a new initiative, the Gibson Graduation Challenge. An anonymous gift of $150,000 will support two areas of the Students who pledge to give back to the Law School following Law School that the donor feels are important to the student graduation can select a student organization to receive sup- experience: the Center for Practice Engagement and Innovation port. Ms. Gibson Revord has served on the Law Board since and the Center for International Human Rights in the Bluhm 2017 and is a partner at Kirkland & Ellis LLP concentrating on Legal Clinic. This alumnus participated in the Clinic during Law mergers and acquisitions, private equity investments, and fund School and recognizes the value of that experience and the real- formations. world impact of the work. Mary Hayes (JD ’89) and Brodsky Family Mark Anson, PhD (JD ’89) The Brodsky family has generously supported the Law School Mary and Mark have documented a $250,000 planned gift to through a $250,000 gift from Peoples Energy in honor of support the Law School in honor of their 30th reunion. Their William J. Brodsky and his service to the WEC Energy Group generous unrestricted gift will go to the area of greatest Board of Directors. The gift establishes the Brodsky JD-MBA need. Mary and Mark serve on the Motion to Lead Campaign Scholars Fund, which will support JD-MBA students with finan- cabinet and Mark also serves on the Law Board. Mark is the cial need who have graduated from the Chicago Public School Chief Executive Officer and Chief Investment Officer of the system or reside in the Chicagoland area. Mr. Brodsky’s three Commonfund and Chairman of the Board of Commonfund sons are alumni of the JD-MBA program: Michael B. Brodsky Capital Inc. and Commonfund Asset Management Company. (JD-MBA ’94), Stephen A. Brodsky (JD-MBA ’97) and Jonathan P. Mary and Mark have two children, Raven and Marcus (WCAS Brodsky (JD-MBA ’00). Michael and Stephen are also members of ’20), and live in Atherton, California. the Law Board.

Stephanie Hosler (WCAS ’95, JD ’99) and Tim Bryant (BA ’86, JD ’89) and Matthew Hosler, MD (JD ’99) Jackie Bryant (BS ’85) The Hoslers are the lead donors behind the creation of the The Bryants have generously pledged $200,000 to support the Hispanic/Latinx History and Culture Scholarship with a gener- Student Assistance and Relief (STAR) fund and the Law School ous gift of $100,000. The newly established African American Fund. Mr. Bryant is the general counsel of private equity firm History and Culture Scholarship inspired them to start the Adams Street Partners. He has been engaged with the Law scholarship to support Hispanic and Latin students. Ms. Hosler School for many years, having chaired several reunion commit- was a member of the Latino Law Students Association during tees and served on the Law Board since 2013. her time at the Law School and is an active member of the Hispanic National Bar Association. She is a partner at Bryan Cave Leighton Paisner LLP and Dr. Hosler is a pediatrician in St. Louis, Missouri.

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Terri Mascherin (JD ’84) and Anup Sathy (JD ’95) and Karyn Sathy Thomas Abendroth (JD ’84) The Sathys have generously committed $150,000 to the Student Ms. Mascherin and Mr. Abendroth made a $1 million commitment Assistance and Relief (STAR) fund at the Law School. Mr. Sathy that will provide support for the Bluhm Legal Clinic’s activities is a Partner at Kirland & Ellis and is an internationally recog- related to criminal justice and environmental justice and advo- nized practitioner in matters relating to corporate restructur- cacy, the Center on Wrongful Convictions, and the Law School ings, workouts and Chapter 11 reorganizations. Fund. Ms. Mascherin is a partner in the Litigation Department at Jenner & Block and serves as co-chair of the Clinic advisory board, a member of the Center on Wrongful Convictions advi- James Serota (JD ’71) and Susan Serota The Serotas have made a generous commitment of $300,000 sory board, and has served on the Law Board since 2000. Mr. as the first participants in the Law School’s 50 for 250 Legacy Abendroth is a partner at Schiff Hardin and heads their Private Challenge. Their blended gift includes a $50,000 pledge to the Clients Trusts and Estates practice group. Ms. Mascherin and Mr. Student Assistance and Relief (STAR) fund and a $250,000 Abendroth are members of the Motion to Lead campaign cabinet planned gift to further support the Louis H. Serota Scholarship. and were co-chairs of their 35th Reunion committee in 2019. Their They established the scholarship in 1997 in memory of Mr. daughter, Kate Abendroth (JD ’20), is following in their footsteps Serota’s father to provide financial assistance to law students. as a current student at the Law School. Mr. Serota is retired from Greenberg Traurig, LLP and is a life- time member of the Law Board. Kevin McClear (JD ’86) and The Clearing Corporation Charitable Foundation Drew Soshnick (BA ’85, MA ’85, JD ’88) The Foundation’s most recent gift of $150,000 brings the total for the Clearing Corporation Charitable Foundation Scholarship and Brenda Soshnick The Soshnicks generously committed $1 million to to over $1M. Kevin McClear (JD’ 86), Corporate Risk Officer for Northwestern Pritzker School of Law. The gift will support Law Intercontinental Exchange, Inc. (ICE), has generously estab- School faculty in the academic areas of law and economics and lished and supported the scholarship since 2009, which is provides unrestricted support to the Law School Annual Fund. awarded to students who are interested in pursuing a legal Mr. Soshnick is a partner at Faegre Baker Daniels where his career in financial services. litigation practice focuses on representing individuals in com- plex matrimonial financial matters. He is also a member of the The Kenneth and Harle Law Board. The Soshnicks are members of the Motion to Lead Campaign Cabinet. Montgomery Foundation The Montgomery Foundation has demonstrated a remark- able commitment to the Law School over the past two decades R. Thomas Stanton (JD ’69) and having committed more than $1.8 million. In this time, they have supported several areas within the Bluhm Legal Clinic and Meg Harris Stanton The Stantons’ generous $100,000 commitment supports Dean established the Geraghty Juvenile Justice Fund, Montgomery Kimberly Yuracko’s gender equity initiative at the Law School. Environmental Law Fellowship, Environmental Law and Mr. Stanton is Senior Partner and Chair Emeritus of the global Climate Change Colloquium, and most recently, the Tom law firm, Squire Patton Boggs LLP. He has been a member of the Geraghty Endowed Fund for Litigation Support. The newest Law Board for more than 25 years and recently served as a com- fund honors Tom Geraghty’s leadership and steadfast commit- mittee co-chair for the 50th reunion of his Law School class. ment to clinical education by supporting litigation expenses for the vital advocacy work of Clinic faculty and students.

Luis Pinedo (JD ’06) and Rivers Casino Luis Pinedo, General Counsel of Rush Street Interactive, an affiliate to Rivers Casino, and Center on Wrongful Convictions (CWC) Advisory Board member, helped facilitate a generous gift of $260,000 from Rivers Casino to Northwestern Pritzker School of Law. The gift establishes the Rivers Casino Criminal Justice Scholarship, which will support students who demonstrate an interest in wrongful convictions representation, scholarship and justice system reform as well as the Rivers Casino Criminal Justice Award, which will go to a third-year student who has demon- strated exemplary work in the Clinic through the representation of underserved individuals, especially the wrongfully convicted.

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Racial Disparity She spoke specifically about Faculty Focus in American recidivism—the tendency of a convicted felon to reen- Institutions ter the system after serving Professors from across the their time—and her efforts University gathered in Aspen through the Northwestern Hall to discuss how racial Prison Education Program bias manifests in American to help individuals avoid that institutions. Jennifer Lackey, fate. “It’s important to hear Wayne and Elizabeth Jones from people in the commu- Professor of Philosophy; nity who’ve been through it Sheila Bedi, professor of Law School Faculty law and director of the Community Justice and Civil Headline Dream Week Rights Clinic; and Inger E. Burnett-Zeigler, associate “It’s important Presentations professor of psychiatry and behavioral sciences, each to hear from gave presentations on the people in the Northwestern University commemorated the ways that racial disparities community life and legacy of Martin Luther King Jr. during present themselves in various American institutions, includ- who’ve been Dream Week 2020, a series of events held from ing the prison, immigration, through it first- Jan. 15 to 28, culminating with a keynote address and mental health systems. Lackey started off the panel hand.” from #MeToo founder Tarana Burke (see pg. 6). highlighting the ways that Black Americans are dispro- —JENNIFER LACKEY, Professors Deborah Tuerkheimer and Sheila WAYNE AND ELIZABETH portionately discriminated JONES PROFESSOR OF Bedi were featured in two of the week’s events. against in the prison system. PHILOSOPHY

From left: Inger E. Burnett-Zeigler, Sheila Bedi, and Jennifer Lackey

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that commenced in the same week. The onslaught of women who spoke out in 2017 about “[Mental illness] is something that their assault at the hands of probably impacts everyone in [this] Weinstein unofficially marked the beginning of the #MeToo room directly or indirectly.” era for the mainstream media. —INGER E. BURNETT-ZEIGLER, ASSOCIATE PROFESSOR OF The language and coverage of PSYCHIATRY AND BEHAVIORAL SCIENCES sexual assault soon changed from just “uncouth” behavior to criminal conduct. “More firsthand,” Lackey said when So how can people influence than two years later, the land- discussing how to help former societal change around these scape looks markedly differ- inmates integrate successfully issues? “One of the biggest ent from any[thing] we’ve seen back into society. steps is [making] a divest- before,” said Tuerkheimer. their stories? “Victim empow- Bedi discussed a recent case ment from the architecture Sexual assault, Tuerkheimer erment,” Tuerkheimer said. in which an undocumented of prisons and policing and said, is often unofficially It’s a theme that presents itself worker was falsely accused of a reinvestment into things reported through social often in unofficial report- being in a gang by the Chicago like mental health services media, online forums, and ing. Survivors who report Police Department, leading and education,” Bedi said. whisper networks. “Sexual informally simultaneously Immigration and Customs Reinvesting in these systems Enforcement to detain him creates opportunity. Lackey and threaten deportation. encourages individuals to Bedi, who works with the visit the Northwestern Prison MacArthur Justice Center at Education Program website to the Bluhm Legal Clinic, has see how their skillsets could “For the first time, the #MeToo helped countless individuals be of value to the organiza- movement has revealed these navigate the legal system after tion. “Every member of the being treated unjustly because Northwestern community whisper networks to outsiders.” of their background. When can get involved in one way —DEBORAH TUERKHEIMER, CLASS OF 1940 RESEARCH asked about the current public or another,” she said. She also PROFESSOR OF LAW interest in prison reform, she reiterated an earlier comment expressed her approval. “The by Bedi: “You can simultane- movement is still very much ously think that a current misconduct is seldom feel cathartic release, valida- alive,” she said. system ought to be abolished addressed through estab- tion, and solidarity with other Burnett-Zeigler rounded out and still actively work toward lished channels,” Tuerkheimer survivors. the discussion with a presen- [being productive] in that said. “This is regardless of Rounding out her talk, tation on improving access to system.” who is designated as the gate- Tuerkheimer addressed medical care for underrepre- keeper: police officer, campus common concerns when it sented groups. “Black adults disciplinary authority, HR rep- comes to informal report- are 50 percent less likely to Disclosures resentative…it doesn’t matter.” ing. “There is a reason to be receive mental health ser- Tuerkheimer attributes cautious about the rise of vices,” she said, citing reasons in the Time of this to a system that doesn’t informal accusation,” admit- including low income, lack of #MeToo deliver. Most sexual assault ted Tuerkheimer. “There are insurance, cultural barriers, “Why are survivors increas- cases do not go to trial, which meaningful limits to what mistrust of the mental health ingly drawn to informal accu- means perpetrators don’t face unofficial reporting can system, and fear of judgment. sation?” This is the question disciplinary action. Twitter accomplish, especially with We need to be more mindful Deborah Tuerkheimer, Class of and Facebook, she said, have regard to [offender] account- of how we speak about mental 1940 Research Professor of Law, allowed stories to reach a ability.” Shaming, she said, illness, Burnett-Zeigler said explored during her DREAM wider audience. “For the first isn’t enough. “I’m a lawyer. I when asked about how we can Week discussion, which took time, the #MeToo movement believe that formal investiga- encourage people to get help. place in Evanston and screened has revealed these whisper tive procedures are of inde- “[Mental illness] is something on the Chicago campus. networks to outsiders,” said pendent value. At least with that probably impacts every- Tuerkheimer began her Tuerkheimer. respect to contested allega- one in [this] room directly or talk by addressing the Harvey So why are survivors run- tions of abuse.” indirectly.” Weinstein sexual assault trial ning to Twitter to express —Shanice Harris

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e xcer p t national injunctions, includ- National Injunctions ing Justice Thomas, have “Any suggested that this history and Preclusion compels a categorical rule bar- inconsistency ring national injunctions. Preclusion also applied b y z ac h a r y c l o p t o n between to parties and their privies. Mendoza Under the doctrine of “mutu- The national injunction is government is exempt from ality,” nonparties were not a cause célèbre. Sometimes the doctrine of offensive non- and national bound by judgments, and referred to as absent-party, mutual issue preclusion — injunction they could not benefit from nationwide, universal, global, a doctrine that permits them either. But the twentieth or cosmic, this remedial plaintiffs to invoke a prior practice should century saw the rise of “non- tool has attracted atten- adjudication in a subsequent be taken as an mutual” preclusion, whereby tion because it applies to action even though they were nonparties could benefit from defendants (usually federal not parties to the original opportunity prior judgments (against government defendants) in suit. Because Mendoza says to reevaluate former parties), even though their interactions with par- that a nonparty cannot get the those nonparties could not be ties and nonparties alike. preclusive benefit of a prior Mendoza, not bound by the same judgment. Federal district courts have adjudication against the fed- the other way This shift was a policy choice issued national injunctions eral government, critics argue ultimately endorsed by the addressing high-profile issues that the same nonparty should around.” Supreme Court. including the Travel Ban, not get the remedial benefit of The shift to allowing sanctuary cities, and more. a national injunction against nonmutual preclusion, which Commentators have homed in the federal government either. reached a crescendo with on the national injunction as Proponents of national injunc- Parklane Hosiery Co. v. Shore a target of criticism. Leading tions, meanwhile, take pains in 1979, means that any earlier the way, Samuel Bray argued to distinguish the national history must be interpreted in the Harvard Law Review injunction from Mendoza’s in light of the different legal that the national injunction is requirement of mutuality. environment. To wit, the fact inconsistent with the history While scholars of national that courts were reluctant of equity, and he called for a injunctions are right to see to grant injunctions benefit- strict party-based limit on the connection to nonmutual ing nonparties prior to the injunctive relief. Concurring preclusion, they have failed to rise of nonmutuality might in the Travel Ban case, Justice appreciate the consequences mean only that nonparties Thomas adopted Bray’s posi- of that interaction. A fuller should not be entitled to more tion and called for an end to evaluation of the relationship benefits from injunctions than national injunctions. Other between national injunctions they receive from preclu- scholars have criticized and nonmutual preclusion sion. Appeals to this history, national injunctions, while a gives a clearer picture of the therefore, are not such strong few have stepped up in their history and suggests a new reasons to oppose national defense. — and perhaps better — way injunctions today. This cor- Both critics and defenders forward. rective is especially important of national injunctions have First, reckoning with non- as the Supreme Court — and acknowledged the connection mutual preclusion problema- its fair-weather historicism — between these injunctions tizes the received history of may soon take up the issue of and the law of preclusion. In national injunctions. Critics national injunctions particular, critics of national of national injunctions have Second, recognition of the injunctions have argued that claimed that such injunctions relationship between national granting an injunction against did not exist throughout the injunctions and nonmutual the federal government that history of equity, only appear- preclusion suggests a differ- protects nonparties would ing in U.S. courts in the second ent way to think about the be contrary to the Supreme half of the twentieth century. “problem” of national injunc- Court’s decision in United Before that time, injunctions tions. Recall that opponents States v. Mendoza. That 1984 typically applied to parties of national injunctions have decision held that the federal (and their privies). Critics of found support for their

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position in Mendoza’s holding constrain the federal govern- likely candidates for nonmu- injunctions worry that allow- that the federal government is ment. For these reasons, the tual preclusion, but follow ing one district judge to make not subject to offensive non- Supreme Court or Congress Parklane in questioning any national law violates some mutual issue preclusion. At a should overrule Mendoza. wait-and-see plaintiffs and deep principle of judicial hier- minimum, a reexamination of Even without this change, exercising caution when there archy. While it may be true the Mendoza opinion reminds the preclusion–injunction are inconsistent prior judg- that a district court opinion us that it was a highly policy- connection suggests a way ments. In order to ensure uni- would lack precedential effect driven decision, suggesting that courts might respond versal relief, plaintiffs would in a neighboring district, the that it is policy — not some to concerns with national still have the incentive to American law of judgments historical or structural inevi- injunctions. One of the often include all affected persons in shows that this insight is not tability — that should dictate overlooked strengths of the the first suit, most obviously universally applicable. Under how the law treats nonparties. Parklane regime — from which through a class action. If they full faith and credit principles, I would go further: any Mendoza excepts the federal don’t — or can’t — then courts federal and state courts are inconsistency between government — is that it does would have the flexibility to bound to recognize the judg- Mendoza and national injunc- not declare that nonmutual protect deserving nonpar- ments of other U.S. courts. tion practice should be taken preclusion attaches in every ties by thinking through the Indeed, American preclusion as an opportunity to reevalu- case. Instead, it holds that well-known framework for law is so strong that it applies ate Mendoza, not the other courts may decline to apply nonmutual preclusion. This a presumption of full faith way around. The policy argu- that doctrine if circumstances preclusion-based approach and credit to foreign country ments marshaled in Mendoza call for it. Among the relevant would avoid the parade of judgments too. This calls into were weak when it was factors are whether the party horribles offered by critics question any claimed struc- decided. There is no justifi- invoking preclusion declined of national injunctions, and tural limit on the scope of able reason to reflexively treat to participate in the first suit instead it would harness injunctive relief. Instead, both federal defendants differently and whether there were prior plaintiff and defendant incen- preclusion and injunctions are from other defendants for pre- decisions reaching inconsis- tives to achieve fair and bind- context-specific questions that clusion purposes, and there tent results. ing resolutions of important require deep thinking about are other preclusion doctrines If courts elected to retain disputes. law and policy. that protect the interests pur- the authority to issue national Not only does the linking portedly at stake. Mendoza’s injunctions but wanted to of preclusion and injunctions Zachary D. Clopton is a profes- policy arguments are even adopt a new limiting principle, have practical consequences sor of law. This is an excerpt of weaker today, when tightening the Parklane regime offers a but it also reveals untapped an article originally published rules on court access might suggestion: grant injunctions theoretical connections in the Michigan Law Review. prevent judges from grant- broad enough to protect those between remedies and pre- ing relief sufficiently broad to nonparties who would be clusion. Critics of national

Zachary Clopton Wins States,” evaluates “the options open to state courts and public enforcement” in response to the Roberts Court’s recent proce- 2020 Civil Justice dural decisions. “I hope this award reflects a growing recognition of the importance of states on these issues,” Clopton says. Scholarship Award “This is such great and well-deserved recognition of Zach’s contribution to civil procedure scholarship,” says Dean Kimberly Yuracko. “It is wonderful to see his impressive work honored by Zachary Clopton, professor of law, was named the recipient of the Pound Civil Justice Institute.” the 2020 Civil Justice Scholarship Award from the Pound Civil Established in 2018, the Civil Justice Scholarship Award rec- Justice Institute. “It is always exciting to hear that your work is ognizes “current scholarly legal research and writing focused on making an impact,” Clopton says. “I was honored to receive this topics in civil justice, including access to justice and the benefits award and I was thrilled to learn that this distinguished commit- of the U.S. civil justice system, as well as the right to trial by jury tee valued my contribution.” Adam Steinman, University Research in civil cases.” Professor of Law at University of Alabama School of Law, also Clopton joined Northwestern Pritzker School of Law in 2019. He received the top prize. teaches International Litigation, with expertise in environmental Clopton’s winning article, “Procedural Retrenchments and the law, civil procedure, and national security law.

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officials during the relevant e xcer p t time period. Our study focuses on the 171 cases with Bivens The Myth of Personal “Individual claims, where personal liabil- Liability: Who Pays government ity is assumed. By examining officials almost these 171 cases, we were able When Bivens Claims to determine whether indi- never contribute vidual defendants contributed any personal resources in the Succeed any personal course of resolving the claims of misconduct. We were also b y j a mes p fa nder funds to resolve able to determine the fre- claims arising quency with which payments Since its 1971 decision in Bivens the government and burden the from allegations were made by the BOP. Despite v. Six Unknown Named Agents fisc. Scholars have been simi- the study’s limitations, of Federal Bureau of Narcotics, larly nimble; they often (but that they applying as it does only to the the Supreme Court has been of do not invariably) assume that violated the practices of a single agency two minds about the impact of the government will indemnify over a specified period of time, constitutional tort litigation its officers, thereby shifting constitutional we can draw important, if on the workaday incentives of the incidence of liability from rights of qualified, conclusions about federal officials. On one side, the individual defendant to the who pays when Bivens litiga- the Court has emphasized the indemnifying agency. While incarcerated tion succeeds. Among other importance of deterring con- scholars debate the incentive people.” striking conclusions, the data stitutional violations through effects of competing liability reveal that individual govern- the imposition of personal, rules, these debates have been ment officials almost never tort-based liability payable by mostly theoretical. We know of contribute any personal funds the officer herself. On the other no study that examines how the to resolve claims arising from side, the Court has increasingly government resolves successful allegations that they worried about the burden of Bivens claims and where the violated the constitutional such liability, fearing it will burden of compensating victims rights of incarcerated people. overdeter federal officials and of federal officials’ constitu- Indeed, of the 171 successful undermine the government’s tional torts eventually falls. cases in our dataset asserting ability to respond in times of To answer these important Bivens claims, we found only crisis. Reflected in the Court’s questions, we studied success- eight in which the individual 2017 decision, Ziglar v. Abbasi, ful lawsuits brought against officer or an insurer was such worries about official the Federal Bureau of Prisons required to make a compen- liability have fueled an expan- (BOP) and its officers. Invoking sating payment to the claim- sion of immunity defenses, as the Freedom of Information ant. Of the more than $18.9 well as a growing hostility to Act (FOIA), we sought data on million paid to plaintiffs the recognition of any right to Bivens claims brought against in these 171 cases, federal sue under the Bivens doctrine. BOP employees that resulted employees or their insurers The Court and its scholarly in payments to plaintiffs. The were required to pay approxi- interlocutors display a similar BOP produced documents that mately $61,163—0.32% of the ambivalence about the ques- revealed payments made in total. Echoing the conclusion tion of who ultimately bears connection with settlements one of us reached in a study the burden of Bivens liability. and judgments in some 209 of the way local governments The Court, for its part, often cases that were closed over pay settlements and judg- treats Bivens as posing a threat a ten-year period from 2007 ments in § 1983 claims against of substantial personal liability through 2017—101 cases that state and local law enforce- that counsels against recog- alleged claims only under ment officers, we find that the nizing new rights to sue. On the Federal Tort Claims Act federal government effectively other occasions, the Court has (FTCA) or FOIA, and 108 held their officers harmless sounded notes of caution for a cases that included Bivens in over 95% of the successful different reason: It has worried claims. Through independent cases brought against them, that the expansion of Bivens research, we identified another and paid well over 99% of the liability would impose substan- sixty-three successful Bivens compensation received by tial indemnification costs on cases brought against BOP plaintiffs in these cases.

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A second important finding emphasize these limitations in emerged from our study. Just representing to courts and to Visiting Scholars as individual officers were opposing counsel that federal almost invariably shielded officers face a substantial from personal liability, we threat of personal liability Northwestern Pritzker School of Law was proud to welcome found that the BOP and its in Bivens litigation. But our an outstanding roster of new and returning visiting faculty budget were similarly pro- findings indicate that settle- for the 2019-2020 academic year. “Visiting faculty members tected from financial respon- ments frequently occur during are a vital part of the Northwestern Law community and sibility for constitutional the pendency of litigation we were so fortunate to have this incredible group bringing tort claims. The settlement and before judgment, with their ideas and talents to our classrooms this year,” said agreements we reviewed made the amounts being paid not Dean Kimberly Yuracko. clear that the government through agency indemnifica- almost always satisfied claims tion but through the Judgment brought under Bivens by Fund. In some of these cases, New arranging to have the agreed- Department of Justice attor- Heidi Kitrosser upon amounts paid through neys instruct plaintiffs to University of Minnesota Law School the Judgment Fund of the substitute a FTCA claim for the Newton N. Minow Visiting Professor of Law United States Treasury, rather Bivens claim in an amended than by the agency responsible complaint as a condition of set- for the conduct of its employ- tlement; in other cases, the set- Kate Shaw ees—in this case, the BOP. tlement agreement is framed as Benjamin N. Cardozo Law School, Yeshiva University The federal government’s a settlement under the Federal Visiting Professor of Law practice of resolving Bivens Tort Claims Act although there claims through payments is no FTCA claim in the case. by the Judgment Fund has In cases in which FTCA claims Gordon Wood several significant implica- were formally added and cases Brown University tions. First, the litigation and simply treated as though Newton N. Minow Visiting Professor of Law settlement practices we report brought under the FTCA, there here conflict with the Supreme were often jurisdictional bars Court’s assumptions about the to relief; most of the FTCA ways in which Bivens cases are claims were added well after Returning resolved—these cases simply the statute of limitations had do not threaten individual run and without any indication Bill Henderson employees with financial that necessary administrative Indiana University Maurer School of Law ruin or trigger indemnifying exhaustion procedures had Visiting Professor of Law payments from their agencies. been followed. Such practices In predicating its refusal to appear to run counter to the Pierre Legrand recognize a right to sue under limits imposed by Congress on Ecole de droit de la Sorbonne, Université the way agencies exercise their Bivens in part on the perceived Panthéon-Sorbonne threat of exorbitant personal, settlement authority. While Visiting Professor of Law agency, or systemic liability, Congress has authorized settle- the Ziglar Court proceeded in ments under the FTCA, it has error. never accepted Judgment Fund Len Riskin Second, our findings have liability for Bivens claims or for University of Florida Levin School of Law important implications for any agency payments made to Visiting Professor of Law the way the political branches employees to hold them harm- manage the payment of suc- less from personal liability. cessful Bivens claims. Under longstanding Department of James Pfander is the Owen L. Tax Program Justice regulations, employees Coon Professor of Law. This is sued for job-related conduct an excerpt of an article that María Amparo Grau Ruiz cannot seek indemnifying pro- he co-authored with Joanna Universidad Complutense Madrid tection from personal liabil- Schwartz (UCLA School of Visiting Professor of Law ity until after the litigation Law) and Alexander Reinert concludes with the entry of an (Benjamin Cardozo School of Paul Pencak adverse judgment. Department Law) and is forthcoming in the Ernst & Young of Justice attorneys often Stanford Law Review. Visiting Professor of Practice

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Visiting Speakers o p -ed I Spent Hours Talking Northwestern Pritzker School of Law was proud to welcome an esteemed group of scholars to present to our community to Victims. These during the 2019–2020 academic year. Verdicts Will Give Richard Abel Judge Allie Greenleaf UCLA School of Law Maldonado Them Hope. Little Traverse Bay Bands of Gregory Alexander Odawa Indians Tribal Court b y deb o r a h tuerkheimer Cornell Law School Michelle McKinley Abhay Aneja University of Oregon School Harvey Weinstein’s conviction certainly bring a measure of UC Berkeley Law of Law shows how cultural change is validation to his many accus- Debbie Becher reshaping the criminal justice ers, both in and out of the Michelle Mello Columbia University Stanford Law School system. courtroom. But this outcome Richard Brooks The guilty verdicts against is not an endpoint. While there Judge Gregory E. Mize NYU School of Law Harvey Weinstein in a pros- may never be another prosecu- Superior Court of District of ecution that faced long odds tion quite like the one of Mr. Karen Burke Columbia is more than a victory for the Weinstein, increasingly we’ll University of Florida Mona Oraby #MeToo movement that his see others that resemble it. This Judge Russell F. Canan Amherst College case propelled. Even though alone counts as real progress. Superior Court of the District Shaun Ossei-Owusu he was acquitted of the most The trial was among the of Columbia University of Pennsylvania serious charges — two counts most watched in recent his- Nestor M. Davidson Law School of predatory sexual assault tory, and for good reason. Fordham University School Michael Stokes Paulsen of Law University of St. Thomas Anna di Robilant School of Law Boston University School of Claire Priest Law Yale Law School “If Mr. Weinstein was not held to Daniel Ernst Gabriel Rauterberg Georgetown Law account, they wondered, what hope University of Michigan Law Merritt Fox School was there for ordinary survivors of Columbia Law School Adriana Robertson sexual violence seeking criminal Mary Anne Franks University of Toronto Faculty University of Miami School of Law justice?” of Law Roberta Romano Ari Glogower Yale Law School Ohio State University — the outcome sends a signal In 2017, blockbuster report- Kara Swanson that social and legal barriers ing unearthed multiple accusa- Paul Gowder Northeastern University that have long denied justice tions of sexual assault against University of Iowa College School of Law of Law to victims of sexual assault Mr. Weinstein going back Kristen Underhill are beginning to crumble. decades, fueling the spread of Margaret Hagan Columbia Law School Mr. Weinstein was found a Twitter hashtag and a global Stanford Law School Sonja West guilty of a first-degree crimi- movement in #MeToo. Angela P. Harris University of Georgia School nal sexual act against Miriam That Mr. Weinstein, 67, even UC Davis School of Law of Law Haley, a former production stood trial was a remarkable Issa Kohler-Hausmann John F. Witt assistant on a television real- anomaly. A vast majority of Yale Law School Yale Law School ity show, and third-degree sexual assault cases never reach rape in an assault against the courtroom. Most sexual Justice Goodwin H. Liu Abby Wood a onetime aspiring actress, assaults are never reported; of Supreme Court of California USC Gould School of Law Jessica Mann. He was sent to those that are, few ever result in H. Timothy Lovelace, Jr. Gordon Wood jail to await his sentencing. arrest or prosecution. The Rape, Indiana University Maurer Brown University The convictions of the Abuse and Incest National School of Law once-powerful movie producer Network estimates that out

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of every thousand sexual unduly skeptical when judging prison. The movement’s reach assaults, only five lead to sexual assault allegations. This is ambitious — it demands that felony convictions. “credibility discount” has his- we transform our culture of Those cases that do end in torically pervaded the criminal “#MeToo aims male sexual entitlement and conviction tend to look very justice system and persists, to accomplish the misconduct it begets. But different from the Weinstein even in the age of #MeToo. legal accountability is part of case. Prosecutors are most Cross-examination of Mr. much more than this evolution. likely to pursue charges in Weinstein accusers sought to sending the This shift may also require “real rape” cases — those tap into what were likely deep- reforming our sexual assault involving strangers, physi- seated suspicions held by some worst offenders laws, which continue to fixate cal injury, a weapon, physical jurors of women who report to prison. The on physical force rather than resistance and immediate sexual assault. It is no sur- on the absence of consent. In reporting. (In the Weinstein prise that age-old tactics were movement’s the case of Ms. Haley, the jury trial, Annabella Sciorra’s used to discredit the witnesses. reach is believed her testimony that account of being raped by Mr. At times, they were portrayed he forced oral sex on her, and Weinstein may have come clos- as lying for fortune or fame. ambitious — conviction for this first-degree est to matching this paradigm, They were blamed for putting it demands that criminal sex act carries a but the assault she described themselves in a vulnerable sit- maximum penalty of 25 years. happened in the early 1990s, uation. They were presented as we transform But the conviction in the third- outside the statute of limita- vengeful women who regretted our culture of degree rape case of Ms. Mann tions, and could not be pursued having consensual sex. Now did not require proof of force as a separate criminal charge.) the question is how long those male sexual and carries a maximum pen- The prosecution of sex familiar tropes will retain their entitlement and alty of only four years. What crimes is relatively rare when power in an era when accus- the law fails to recognize is the assaults are of the more ers stand a chance, however the misconduct another dynamic at work: coer- commonplace kind — between remote, of being believed. it begets.” cion. The Weinstein accusers acquaintances, with minimal Throughout the trial and the described him controlling their force and delayed disclosure. jury’s deliberations, many sup- professional and personal lives Such circumstances can test porters of the #MeToo move- in ways that were not mainly the ability of jurors to set ment felt a sense of urgency. If physical. But the law of sexual aside conventional notions of Mr. Weinstein was not held to assault does little to account sexual assault. When friendly account, they wondered, what for that kind of power. exchanges or even consen- hope was there for ordinary The Weinstein convictions sual intercourse between the survivors of sexual violence show us that real progress perpetrator and the victim seeking criminal justice? is underway. But the system occur after the assault, as they Over the past six months, still mostly fails survivors. did according to testimony in as I researched a book on Women who are poor, of color, the Weinstein trial, it becomes credibility, I spent many hours who come forward alone — difficult to fathom a prosecu- talking with victims of sexual especially these women — will tion, must less a conviction. harassment and assault. Our continue to be disbelieved and In all, six women testified conversations often turned to blamed. Even women whose that Mr. Weinstein sexually the meaning of accountability. cases never make the headlines assaulted them, but only two Some survivors told me they deserve more than an elusive of the cases were charged. wanted nothing to do with promise of criminal justice. Prosecutors had hoped that the the criminal justice system. Longstanding biases against other witnesses would estab- For others, protecting pos- accusers will not disappear lish a pattern of Mr. Weinstein sible future victims was a main overnight; not even an extraor- preying on vulnerable women. reason to turn to the courts. Still dinary conviction can remake Not all men accused of others saw a criminal conviction the world. But the Weinstein sexual assault will have left as recognition of the harm they verdicts indicate that we are such a trail. Prosecutors often suffered and that it matters. beginning to correct course. have the testimony of only one For these survivors and count- witness, which is typically not less others, Mr. Weinstein’s Deborah Tuerkheimer is enough to persuade jurors, conviction is cause for hope. the Class of 1940 Research even if additional evidence To be sure, #MeToo aims to Professor of Law. This article corroborates the victim’s accomplish much more than originally appeared in the New account. Jurors often are sending the worst offenders to York Times on Feb. 24, 2020.

SPRING 2020 | 45 ALUMNI NOTES

Alumni Notes

Alumni Weekend and Reunion Draws Big Crowd

More than 1,000 alumni, students, faculty and friends came to campus for the 37 events of the 2019 Law School Alumni Weekend and Reunion in October. Guests came from 23 coun- tries around the globe to connect with former classmates, and sit in on programming featuring both faculty and alumni.

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Alumni Award Recipients

For the seventh year, several esteemed Law School alumni were honored for their work and achieve- ments in law.

Distinguished Alumni Award James D. Oelschlager (JD ’67)

Distinguished Alumni Award G. Flint Taylor, Jr (JD ’71)

Dawn Clark Netsch Award for Public Service The Honorable Sidney I. Schenkier (BSJ ’76, JD ’79)

Daniel B. Rodriguez Alumni Club Excellence Award Michelle Wong (JD ’12)

Volunteer Service Award Christopher J. Lind (JD ’94)

Emerging Leader Award Sandra Abrevaya (JD ’16)

International Alumni Award Mirna R. Torres (JD ‘99)

SPRING 2020 | 47 ALUMNI NOTES

The Honorable Algenon L. Marbley Graham C. Grady (JD ’83) was named (JD ’79) was invested as Chief Judge one of Crain’s Chicago Business 2019 Class Notes of the U.S. District Court for the Notable Minorities in Accounting, Southern District of Ohio. Consulting & Law. Thomas W. Abendroth (JD ’84) was Howard A. Tullman (JD ’70) was named chair of the board of trustees named to the Crain’s Chicago Busi- of Ripon College. ’60s ness Notable Entrepreneurs list. Donna M. Adler (JD ’84) published Lewis F. Matuszewich (JD ’66) David B. Sosin (JD ’71) was installed ’80s Plato’s Timaeus and the Missing received the Newsletter Editor as the 143rd president of the Illinois Peter L. Gardon (JD ’80) was included Fourth Guest: Finding the Harmony Service Award from the Illinois State State Bar Association. He has served on the 2020 Best Lawyers in America of the Spheres with Brill Academic Bar Association. as treasurer of the ISBA Board of list. Publishers. Richard J. Stephenson (JD ’66) was Governors and is past president of David R. “Chip” Barry (JD ’81) was Steven I. Berlin (JD ’84) was elected recognized by the Austrian Economics the Illinois Bar Foundation. In June, named to the 2020 Edition of Best president of the Council on Govern- Center with the 2019 Hayek Lifetime he will become chairman of the Lawyers in America in the practice mental Ethics Laws. board of the ISBA Mutual Insur- area of Medical Malpractice Law Achievement Award. Catherine R. Connors (JD ’84) was ance Company, the largest insurer – Plaintiffs. Thomas E. Funk (JD ’67) was included nominated to serve on the Maine for lawyers liability in the state of on the 2020 Best Lawyers in America Maureen Creighton Downs (JD ’81) Supreme Judicial Court. Illinois. was appointed to the newly-formed list. Mark D. Lerdal (JD ’84) was appointed Craig L. Caesar (JD ’78) joined Phelps advisory board of Connamara to the board of Allied Minds plc. Dunbar, where he handles antitrust, Systems. Thomas W. Hawkins (JD ’86) joined intellectual property, privacy and Sheri Lynn Hubbard-Edison (JD the board of directors of Jumptuit data security issues in their New ’82) joined the board of directors of Legal, Inc. ’70s Orleans office. American Family Insurance Mutual George W. Connelly, Jr. (JD ’70), The Honorable Ruben Castillo (JD Holding Company. David L. Reifman (JD ’88) joined CRG, the development arm of Clayco. shareholder in the Houston office of ’79) was named one of Crain’s Chicago Vicki Ann O’Meara (JD ’82) joined the the national law firm Chamberlain Business 2019 Notable Minorities in board of directors of Black & Veatch. Michelle M. Wade (JD ’88) of Accounting, Consulting & Law. Judge Jetstream Aviation Law had an article Hrdlicka, has been recognized among Jayne Cross Schreiber (JD ’82) was Castillo retired from the bench in the published in the Summer 2019 issue the recipients of Texas Lawyer’s 2019 appointed assistant dean of career fall of 2019 and is a first chair litigator of Family Office Magazine titled “Are Professional Excellence Awards in planning at Fordham Law School. the Lifetime Achievement category. at Akerman LLP. You Paying the Right Price for the

Family Jet?”

#nl aw p r o u d: Jason Turkish (JD ’12)

Disability rights, as a civil right, great lawyers, but because is still very new in this country, they couldn’t draw pictures and disability is such a unique — because one quarter of this component of diversity. It’s an exam asks them to do some- issue of equal opportunity and thing that they physically can’t equal access. I’m legally blind do, but somehow that’s how and I’ve known I’ve wanted we’re deciding who would get to be a lawyer virtually my to go to law school in America. entire life. For decades, it was When I left Northwestern I universally understood that the joined as co-counsel in a case When your client says ‘I want will change the way that blind LSAT was completely inacces- already ongoing, involving to change the rules of the people are tested in law school sible for the blind. Not because trying to create access for game for everybody’ it’s so admissions nationwide. My they’re not talented, not be- folks who are blind to be able to much harder but it’s so much practice is devoted 100 percent cause they’re not capable, not take the LSAT. It’s one thing to more worthwhile. In October to representing people with because they wouldn’t make settle a case for one individual. of 2019, I settled the case that disabilities and we represent thousands of disabled individu- als every year. This is a very young body of law. Making sure that people with disabilities are part of the equation, making “When your client says ‘I want to change the rules of sure that they’re not left behind—lawyers are going play the game for everybody,’ it’s so much harder but it’s a central role in making sure so much more worthwhile.” that that happens.

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Michael R. Pace (JD ’89) joined Jackson Hwu (LLM/K ’00, JD ’04) associate in the firm’s Tampa office. Pedroza (JD ’15). Berkeley Research Group, LLC (BRG) joined Nelson Mullins Broad and Kendra Stead (JD ’10) was elected Jake Webb (JD ’15) was elected share- as managing director in its global Cassel as a partner in their Miami partner at Sidley Austin LLP. holder at Banner Witcoff. investigations and strategic intel- office. Courtney Armour (JD ’11) was Susanna Bramlett (JD ’17) joined ligence practice. Alais L. Griffin (JD ’01) launched appointed chief legal officer and Ogletree, Deakins, Nash, Smoak & Griffin Strategic Law Advisors, which corporate secretary at Distilled Stewart as an associate in the firm’s offers legal, strategic, and public Spirits Council of the U.S. Atlanta office. policy advice to non-profit and private Scott Kannry (JD-MBA ’11) was Grace Miao Cao (JD-MBA ’17) married sectors nationwide. ’90s named to the Crain’s Chicago Busi- Elliott Charles Carter on December Angelique A. David (JD ’02) was ness Notable Entrepreneurs list. 4 in London. She is an associate John M. Grogan (JD ’90) joined the appointed as board chair at the specializing in mergers and acquisi- board of trustees of the Medical Sandra Marlen Monroy Suarez (LLM Chicago State Foundation. tions at Davis Polk & Wardwell, a College of Wisconsin. ’11) received the Litigation Manage- The Honorable Beth W. Jantz (JD ’02) ment Award from the Latin American Manhattan law firm. Deborah E. Shrager (JD ’90) was was named a magistrate judge of the Corporate Counsel Association. Matthew Hutchinson (JD ’18) married named director of the Supreme Court U.S. District Court for the Northern SJ Chapman (JD ’12) became partner Katherine Kilsberg Hermeling on Institute at Georgetown Law. District of Illinois. at Bielski Chapman, Ltd. September 21 in St. Louis. He is an Evan Raskas Goldfarb (JD ’92) was Michael Karber (JD ’05) was associate in the law firm of Kirk- Zachary Getzelman (JD ’12) was included on the 2020 Best Lawyers in appointed general counsel of Granite land & Ellis. She is a senior audit elected shareholder at Banner America list. Point Mortgage Trust Inc., a corpora- associate in the Chicago office of Witcoff. D. Scott Powell (JD ’92) was included tion focused on commercial mortgage PricewaterhouseCoopers. Katherine Roskam (LLM Tax ’13) was on the 2020 Best Lawyers in America loans and real estate investments. Armando Mendez (JD ’18) joined elected to partnership at Varnum. list. Benjamin James McLean (JD-MBA the Criminal Division of the U.S. Melissa Mcgonigal Berry (JD ’93) ’05) was appointed to the board of Suhas Subramanyam (JD ’13) was Attorney’s Office for the Southern joined Lane Powell as its director directors of UFP Industries. elected to the Virginia House of District of Florida as an assistant U.S. Delegates, representing the 87th of professional development and Paul Tzur (JD ’05) joined the Chicago attorney. district. diversity. office of Blank Rome LLP as a partner Ying Chen (MSL ’19) joined Tucker James E. Basta (JD ’94) was in the White Collar Defense & Investi- Wesley Morrissette (JD ’14) was Ellis LLP as a technical specialist and appointed chief legal officer for gations group. elected partner at Bartlit Beck LLP. legal interpreter/translator. biopharmaceutical firm Kura Erin L. Felchner (JD ’06) was elected Mia Buntic (JD ’15) married Drew Kira Curtis Luciano (JD ’19) joined Oncology, Inc. partner at Sidley Austin LLP. Beres (JD ’13) in Hvar, Croatia. The Berger Schatz as an associate. wedding was officiated by Tony Jay Gavigan (JD ’94) joined the New Ram Mohan Jagannath (JD-MBA William Lentz Ivey (LLM Tax ’19) Valukas (JD ’68), and attended by York office of Morrison & Foerster as ’07) was appointed senior managing joined the law firm of Chuhak & Brad Kessler (JD ’09), Alexis Fasseas a partner in its lending and financial director at investment firm Black- Tecson, P.C. as an associate. (JD-MBA ’10), Paul Jones (JD ’20), transactions group. stone in its recently launched Growth Jeff VanDam (JD ’13), Christine Bass Mollie Krupp (JD ’19) joined the law Daniel J. Eisner (JD ’95) joined Equity investment platform. (JD ’15), Danny Greenfield (JD ’08), firm of Chuhak & Tecson, P.C. as an Schulte Roth & Zabel as a partner in Hannah Lee (JD ’07) was elected Jane Song (JD ’15), Shelby Sklar associate. the M&A and securities group, in the partner at Kramer Levin. (JD ’15), Elizabeth Chang (JD ’15), This list reflects information received firm’s New York office. Andrew Zachary Miller (JD-MBA ’07) Emily Powers (JD ’15), Lauren Howard by the Office of Alumni Relations and Halley Gilbert (JD ’95) was appointed joined the Minnesota Vikings as chief (JD ’15), Kate Swisher (JD ’15), Development as of February 17, 2020. to the board of directors of Dermira, operating officer. Marisha Pareek (JD ’15) and Monica Inc., a biopharmaceutical company Cameron Geoffrey Smith (JD-MBA focused on medical dermatology. ’07) was named to the Crain’s Chicago Martha E. Conlin (JD ’96) joined Business Notable Entrepreneurs list. Troutman Sanders as a partner in the In Memoriam Nikola Colic (JD ’08) was elected firm’s Chicago office. partner at Drinker Biddle & Reath LLP. Sheila A. Mikhail (JD ’97) was named Theresa Wardon (JD ’08) was Northwestern Law extends its heartfelt condolences to the loved Springboard Enterprises’ 2019 North- awarded the 2019 Richard Marden star Honoree for her work as CEO and ones of recently deceased alumni, faculty, and friends. Davis Award. cofounder of Asklepios BioPhar- maceutical, Inc., a privately held, Jonathan H. Ashtor (JD ’09) was ’50s ’70s clinical stage gene therapy platform elected partner at Paul, Weiss, Maxine Marcus Sprung (JD ’50) Bruce L. Wald (JD ’72) company. Rifkind, Wharton & Garrison LLP. Marshall E. Lesueur (JD ’51) Ted M. Williamson (JD ’72) Lanier Saperstein (JD ’97) joined Jeff Engstrom (JD ’09) joined Crane Jones Day as a partner in its financial and Norcross, LLC, a Chicago real James E. Challenger (JD ’51) Vincent H. Beckman, III (JD ’74) markets practice. estate tax firm. James D. Murphy (JD ’54) Gregory Gorens Guy (JD ’78) Alycia Broz (JD ’98) was included on Matthew Jones (JD-MBA ’09) was William R. Cottle (BBA ’53, JD ’56) the 2020 Best Lawyers in America list. named partner at Latham & Watkins James T. Wilkes, Jr. (JD ’56) LLP in the firm’s Houston office. ’80s Michael M. Kubayanda (JD ’98) was Alfred H. Levine (JD ’56) Raymond J. Slomski, Jr. (JD ’81) designated to serve as vice chairman Richard G. Harrer (JD ’57) of the Postal Regulatory Commission. Thomas F. Railsback (JD ’57) ’10s Joel K. Shapiro (JD ’98) was appointed Martin A. Smith (JD ’57) chief analytics officer at Varicent, a Rita De Cassia Carmo Shibata ’10s Thomas F. Carey (JD ’58) provider of Smart SPM software. (LLM/K ’16) Alexa Berlin (JD ’10) was named Martin F. Kloser (JD ’58) Andrew M. Stroth (JD ’99) was named partner at Latham & Watkins LLP in Robert L. Day (EB ’56, JD ’59) one of Crain’s Chicago Business 2019 the firm’s Chicago office. Faculty Notable Minorities in Accounting, Christopher J. Capuzzi (JD ’10) was Karen Daniel Consulting & Law. named partner at Ropes & Gray. ’60s David Ruder Louis Klapp (JD ’10) joined Riley Safer C. Herbert Koehler, Jr. Holmes & Cancila LLP as a partner (BA ’60, JD ’63) in its intellectual property litigation Charles W. Wilson (BA ’59, JD ’65) ’00s group. William J. Kamps (JD ’66) Trent Haywood (JD ’00) was appointed Vishesh Narayen (JD ’10) joined the Robert W. Williamson head of product strategy and innova- intellectual property and technology (BA ’65, JD ’68) tion at Myndshft Technologies. practice at Greenberg Traurig as an Thomas H. Asselin (JD ’69)

SPRING 2020 | 49 ALUMNI NOTES

thought the highest calling And all of them universally said, Talking with Marcus was to be a business lawyer you will be a great law profes- who could help grease the sor. But not yet. So I stayed in Cole (JD ’93), Dean of wheels of transactions and law practice for four years and make the world a richer and then I went on the job market. Notre Dame Law School more vibrant place. And I told him that I thought that the What’s it like being Dean of idea was crazy, that I had no Notre Dame Law School? G. Marcus Cole (JD ’93) grew interest in it whatsoever. And This is the most fun job of my up in the Terrace Village he still recalls that conversa- life. I’ve always loved Notre housing projects in Pittsburgh, tion and tells people that story Dame. I think it’s a beautiful, Pennsylvania, one of five all the time. magical place. But I especially kids who spent his child- love being Dean of Notre hood serving as an altar boy, What changed your mind? Dame Law School because it delivering newspapers, and When I was at Mayer Brown, joins everything that I love watching Notre Dame football. the inner law professor in me into one. I love being a lawyer. And even though he’d never came out because I wound up I love training lawyers. And met any lawyers, his parents spending a lot of my evenings now I get to oversee the proper and teachers were certain and weekends writing on my training of lawyers at one of that’s what he was destined own, just writing law review the great law schools in the to be. When Cole arrived at articles that took on the issues world. And it’s a law school Northwestern Law in 1990, he that I was dealing with in my that really resonates with me felt like “a starving man at a cases. And I got a call from because I’m Catholic and to me feast.” After a judicial clerk- the Dean of Marquette invit- that means more than just the ship in Arkansas, practic- ing me up to present a paper religious component. One of my ing commercial law at Mayer Brown, and 22 years teaching at to the faculty there. And so I heroes, the former president of Stanford Law, Cole is now in his dream job, guiding the next gen- took a day off and went up to Notre Dame, Father Hesburgh, eration of lawyers as the Joseph A. Matson Dean and Professor of Marquette and presented the used to say that to be truly Law at Notre Dame Law School. paper. And then I went back to Catholic with a big C, you have my office and I got a call about to learn to be Catholic with a When did you know you professors also stimulated two weeks later from the Dean little c. And I really embrace wanted to be a lawyer? something in me to go out saying, well the faculty has that philosophy. You have to Growing up, I never knew a and read more. I just had this decided to vote you an offer be welcoming of all thoughts, lawyer. I never met a lawyer. insatiable appetite for what All I knew was that my par- we were learning. ents and teachers kept saying to me they thought that’s what Were you planning on I was destined to be. But the becoming a law professor? more I learned about what a Early on, I had a professor for “The more I learned about what a lawyer was—how lawyers pro- contracts, Randy Barnett. I lawyer was—how lawyers protect tect rights, how they grease was sitting in the front row the wheels of the economy, of his class and one day he rights, how they grease the wheels how they make the impossible walked up to me and said, of the economy, how they make the possible—the more I wanted to “I’d like to speak to you in be a lawyer. my office.” I was terrified. I impossible possible—the more I thought I’d said something wanted to be a lawyer.” What do you remem- or done something wrong. ber about your time at And so I went to see him in —MARCUS COLE Northwestern Law? his office and he said, “I want When I got to Northwestern, you to think about becoming I felt like a starving man at a a law professor.” I was just a to join our faculty. And I said, perspectives, and religions of feast. Every professor, every first-year law student, and I “I wasn’t even applying for a all people in order to be truly class was amazing. It was the told him right then that I had job there?” So I called Randy Catholic with a big C. And what greatest educational experi- absolutely no interest in being Barnett, and Steve Calabresi, I think I can help promote ence I ever could have had. I a law professor, that I wanted and David van Zandt, and I said, and foster at this place is an loved every class, I read what to be a lawyer, and especially “I just got offered a job as a law embrace of all perspectives and I was required to read, but the a business lawyer because I professor. Should I take this?” all people under this one roof.

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