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2013 • A TAX HAVEN • GREAT DIVIDE • FULL SPEED AHEAD • PARTNER FOR LIFE • PORTRAIT OF A DEAN Nonprofit Org. Y NYU US Postage PAID St. Louis, MO Office of Development and Alumni Relations Permit # 495 110 West Third Street, Second Floor , NY 10012–1074 THE MAGAZINE OF THE SCHOOL OF LAW The NYU Law Fund Illuminates

Trevor Morrison

2013 Arrives |

VOLUME XXIII The scholar steps up as NYU Law’s 17th dean.

For more information, please contact Betsy Brown at (212) 998-6701 or [email protected]. REUNION Friday & Saturday, April 25–26, 2014 Please visit law.nyu.edu/alumni/reunion2014e for more information. R A Legacy of Learning “NYU Law gave my The future of the Law School husband, Chuck, who 1974 is1979 yours 1984 1989 to define. was in the class of 1955, 1964 1969 a chance to study the 1994 1999 2004 2009 1959 1964 law. What he learned 2009 1959 Making the Law School a part of your planned giving is 1969 1974 1979 1984 1989 1994 gave him the tools to 1964 fight for change and 1974 1979 1984 1989 1999 2004 2009a first 1959 step 1964 in creating 1969 an academic legacy that you can be for our civil rights. 1974 1979 1984truly 1989 proud 1994 of. 1974 1999You can 1979 plant the seed of education today We both wanted to give 1999 2004 2009 1959 1964 1969 1974 so the scholars of tomorrow may enjoy its bloom. back to the community 1969 1974 1979 1984 1989 1994 1999 2004 1979 1984 1989 1994 1999 2004 2 1999 2004 2009 1959 1964 1969 that had embraced us, 1959 1964 1969 1974 1979 1984 1989 1994 2004 2009 1959 1964 1969 in the hopes that others 1974 1979 1984 1989 1994 1999 2004 2009 1959 NYU Law gift plans are flexible and are tailored to fit 1974 19791959 1984 1964 1989 1994 1969 1994 1999 1974 1979 1984 1989 1994 1999 2004 2009 would have similar 1989 1994 1999 2004 2009 1959 19641974 1969 2009 1959 1964your 1969unique1974 1974 1979 circumstances. 1979 1984 1984 1989 Please contact Betsy Brown transformational 1984 1989 1994at (212)1999 998-67012004 2009 or 1959 [email protected] 19 to discuss 1984 1989 1994 1999 2004 2009 1959 1964 experiences.” 1959 1964 1969 1974 1979 1984 1989 1994 2009 1959 1964how 1969 your gift can best fit your financial needs. ellen conley 1974 1979 1984 1989 1994 1999 2004 2009 1989 1994 1999 2004 2009 1959 1964 1989 1994 1999 2004 2009 1959 1964 1969 1959 1964 1969 1979 1989 19941974 1999 1979 2004 2009 1984 2009 1959 1989 1994 1959 1964 1994 1999 1964 1969 19741999 2004 1969 1974 19792004 2009 19591979 19842009 1959 19641984 1989 1964 19691989 1994 1969 1974 1999 1979 2004 1969 1974 1964 19692004 2009 1959 1964 1969 1974 1979 1984 1994 1999 1979 2004 1984 1959 19641999 1969 2004 1974 1979 2009 1979 1984 1959 1964 1984 1989 1964 1989 1994 1969 20041994 1999 1994 1999 2004 2009 1964 1969 1974 1994 1974 1999 1969 1974 1979 1984 1964 1969 1974 1979 1999 2004 2009 1959 1969 1974 1979 1984 1989 1974 1979 1984 1989 1994 1999 1974 1979 1984 1989 1994 1994 1999 1999 2004 2004 20091959 1959 1964 1964 1969 1969 1974 1979 1984 1989 2004 2009 1959 1964 1969 1974 1979 1984 1974 1979 1984 1989 1994 1999 2004 2009 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 19642009 19691999 19742004 19792009 19841959 19891964 19941969 2004 2009 1959 1979 1984 1989 1994 1999 2004 2009 1959 1974 1979 1984 1989 1994 1999 2004 2009 1959 1974 1979 19841959 1989 1964 1994 1969 1999 1974 2004 1979 2009 1984 1964 008 1959 1964 1969 1979 1984 1989 1994 1999 2004 2009 1959 1974 1979 1984 1989 1984 1989 1994 1999 2004 2009 1959 1964 2004 2009 1959 1964 1969 1959 1964 19691974 1974 1979 1979 1984 1984 1989 1989 1994 1999 2004 2009 1989 1994 1999 2004 2009 1959 19641974 1969 1979 2009 1984 1959 1989 1964 1994 1969 1999 1974 2004 1979 2009 1984 1959 1989 1964 1994 1969 1974 1979 1984 1989 1974 1979 1984 1989 1994 1999 2004 2009 19591999 2004 2009 1959 1964 1969 64 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1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 2009 1959 1964 1969 1974 1979 1984 1989 1984 1989 1994 1999 2004 2009 1959 1964 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 2004 2009 1959 1964 1969 1989 1994 1999 2004 2009 1959 19641974 1969 1979 1984 1989 1994 1999 2004 2009 2004 2009 1959 1964 1969 1994 19991974 2004 1979 2009 19841959 1959 19891964 1964 19941969 1969 19991974 20041979 20091984 1964 1989 1969 1994 1974 1979 1984 1989 1994 1964 1969 1974 1979 19841959 1989 1994 1999 2004 2009 19591999 1964 2004 1969 2009 1974 1959 1979 1964 1984 1969 1974 1979 1984 1989 1994 1999 2004 2009 19591999 1964 2004 1994 1999 2004 2009 1959 1964 1969 1974 1979 1974 1979 19841959 1989 1964 1994 1969 1999 1974 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1964 1969 1974 1979 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 19591999 1964 2004 1969 2009 1974 1959 1979 1964 1984 1969 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 2004 2009 1959 1964 1969 1974 1979 1984 19891974 1979 19841959 19891964 19941969 19991974 20041979 20091984 1989 1994 1999 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1994 19991974 2004 1979 2009 19841959 1959 1989 1964 1964 1994 1969 1969 1999 1974 2004 1979 2009 1984 1964 2009 1959 1964 1969 1979 1984 1989 1994 1999 2004 2009 1959 1969 1994 19991974 2004 1979 2009 1984 1959 1989 1984 1989 1994 1999 2004 2009 1959 1964 19692009 1974 1959 1979 1964 1984 1969 1989 1994 1999 1984 1989 1994 1959 1964 1969 1974 1979 1984 1989 1994 2009 1959 1964 1969 1979 1974 1979 1984 1989 1994 1999 2004 2009 1989 1994 1999 2004 2009 1959 19641974 1969 1979 19841959 19891964 19941969 19991974 20041979 20091984 19591989 19641994 19691999 19742004 19792009 19841959 19891964 19941969 1974 1979 1984 1989 1994 1999 2004 2009 19591999 1964 2004 1969 2009 1974 1959 1979 1964 1984 1969 1989 1994 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1994 1999 2004 2009 1959 1964 1969 1974 1964 1969 1974 1979 1984 1989 1994 1999 20041959 2009 1964 1959 1969 1974 1974 1979 1984 1989 1994 1994 1999 1999 2004 1969 1974 1979 1984 1989 1994 1999 2004 1974 1979 1999 2004 2009 1959 1964 1969 1994 1999 2004 2009 1959 1964 1969 1974 1974 1979 1984 1989 1994 1999 2004 2009 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 2004 2009 1959 1964 1969 1974 1979 1984 19891974 1994 1979 1999 19841959 2004 19891964 2009 19941969 1959 19991974 1964 20041979 20091984 195919891999 19641994 2004 1969 2009 1974 1959 1979 1964 1984 1969 1989 1974 1979 1984 1989 1979 1984 1989 1994 1999 2004 2009 1959 1974 1979 1984 1989 1994 1999 2004 2009 1994 19991974 2004 1979 2009 1984 1959 1989 1964 1994 1969 1999 2004 2009 2009 1959 1964 1969 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 1959 1964 1969 1974 1979 1984 1989 1994 1974 1979 1984 1989 1994 1999 2004 2009 1989 1994 1999 2004 2009 1959 19641974 1969 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1999 2004 2009 1959 1964 1969 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 2009 1959 1964 1969 1984 1989 1994 1999 2004 2009 1959 1964 The Morrison Memo

In April, I was honored to be named dean of the Law School. I have long admired NYU Law for its outstanding faculty and fabulous students, and for its unique institutional energy and entrepreneurism. That admiration has only grown over the past several months as I have met with faculty, staff, students, and alumni. The NYU Law community is special, and I am thrilled and humbled by the privilege of guiding this outstanding institution.

In this issue of the magazine you’ll read about but also by continuing to serve his alma mater some of our truly spectacular programs, initia- in leadership posts for four decades. NYU Law tives, and people. You may have already seen is proud to claim the legendary Marty Lipton in that we have embarked as a devoted alumnus. on an ambitious set of curricular changes Incidentally, one of Vanderbilt’s directives announced by my wonderful predecessor, was to serve in public office. I, too, believe . These new offerings provide that public service is a critically important part students with a range of opportunities to align of our profession. “Great Divide,” on page 22, their 3L-year studies with their career goals, thus showcases the depth and breadth of the Law making the most of their time in law school (see “Full Speed School’s ties to Washington, DC. The engrossing discussion Ahead” on page 20). Here, as in so much that NYU Law does, features members and friends of our community—veterans of we are at the forefront of innovation in . campaigns in both major parties—debating the causes of and Over the last several months I have learned much about possible solutions to the extreme polarization in modern politics. the history of NYU Law, including the grand plan, launched in There is much more in these pages. I’m particularly pleased 1945 by Dean Arthur Vanderbilt, to transform the Law School to introduce three new faculty appointments—all in intellec- from a regional commuter school to one of the nation’s great tual property, cementing our position of preeminence in that institutions of legal education. Vanderbilt’s vision included dynamic and important field. You’ll also meet students like the Graduate Tax Program, and in “A Tax Haven,” on page 34, Garen Marshall ’14, an Iraq War veteran who is committed to you’ll see how his dream has been realized. Through that story helping fellow vets, and you’ll read the reactions of distinguished you’ll also meet the incredibly impressive members of our tax alumni like Sherrilyn Ifill ’87, head of the NAACP LDF, and faculty, including Lily Batchelder, who is currently on leave to Trustee David Boies ’67 to the Supreme ’s recent decisions serve as chief tax to the Senate Finance Committee, in two historic cases in which they have been centrally involved. and David Kamin ’09, formerly an economic adviser to the Sadly, the Law School community lost some extraordinary White House Office of Management and Budget. colleagues and friends over the last year, including the bril- “Partner for Life,” on page 28, examines the exceptional liant Ronald Dworkin, a true giant in legal philosophy who relationship between NYU Law and one of its most illustri- did so much to make NYU Law the paragon in that field, and ous alumni, Martin Lipton ’55, co-founder of the storied firm Trustee Dwight Opperman, a visionary leader who champi- Wachtell, Lipton, Rosen & Katz. Selected for the second class oned our Institute for Judicial Administration. I’m sorry to of Root-Tilden Scholars, Marty is the embodiment of the excel- have missed the chance to work directly with those two men, lence that Vanderbilt envisioned for NYU Law and its grad- but I am inspired by their legacies as I help guide this great uates. He has repaid the Law School many times law school along a continuing path of excellence. over for the education he received, not only by res- I welcome your thoughts, feedback, and sugges- cuing it from financial peril in the turbulent 1970s trevor morrison tions at [email protected]. 2013 • volume xxiii assistant dean for communications Elyse Mall Klayman managing editor Jeanhee Kim creative director David Niedenthal designers Michael Bierman, Cheryl Hark, 4 65 85 Kara Van Woerden writers Dicta Ar uments Proceedings Atticus Gannaway (Senior Writer), Michael Orey (Media Relations Manager), Michelle Tsai & pinions (Public Affairs Officer) = contributing writers Thomas Adcock, Marlen Bodden ’86, Alexander Burns, Amy Feldman, Catherine Fredman, Jennifer Frey, Nadya Labi, Christine Pakkala, Constitutional Transitions Rachel Maddow interviews Duff McDonald, Anthony Ramirez, Clinic students meet the David Boies LLM ’67 and Ellen Rosen, Dylan Sands, Dan president of Tunisia; Anthony Thomas Nagel’s new book Theodore Olson about their Slater, Wanchee Wang ’86, Jesse Wegman ’05 Foxx ’96 joins Obama’s cabi- shocks the intellectual com- Supreme Court marriage net; Wayne Perry LLM ’76 munity; Samuel Estreicher equality case; Southwest Air- photographers Cover photograph by leads the Boy Scouts into a proposes a paradigm shift lines founder Herb Kelleher Juliana Thomas more inclusive era; and more. in legal education; Emily ’56 shares his unconventional Mathieu Asselin, Stephen Barrett, Kidd White LLM ’09, JSD ’15 wisdom; and more. Jayne Burke, Dan Creighton, explores the role of emotion Mark Finkenstaedt, Phil Gallo, 43 in adjudicating human Martyn Hicks, Sam Hollenshead, rights claims; and more. Elena Olivo, Don Pollard, Deb The People 101 Rothenberg, Brooke Slezak, Leo Sorel, Juliana Thomas 70 Relevant copy editors faculty scholarship Heidi Ernst, Parlan McGaw, Parties Kelli Rae Patton editorial coordinator Rachel Burns design coordinators Tributes to the late Ronald Samantha Miller, Christine Perez Dworkin and Dwight D. NYU Commencement editorial adviser Opperman; Jenny Rivera ’85 Jeanne Fromer, Douglas and the JD Convocation Elizabeth Rohlfing is named to New York’s Ginsburg, and Daryl feature sage advice from magazine online producer Court of Appeals; Rachel Levinson share excerpts David Boies LLM ’67; Joseph Brad Tucker Barkow joins the US Sen- from their recent works. Weiler addresses the LLM/ magazine online designer tencing Commission; Garen JSD Convocation; Frank Karin Wood Marshall ’14 helps establish 81 Guarini ’50, LLM ’55 is hon- director of digital content greater tuition support for student scholarship ored at the Weinfeld Gala; Jill Rachlin Marbaix fellow veterans; and more. 2013 Reunion; and more. web director Clayton Gates 58 editorial assistants additions to the roster Alexandria Ethridge, Sarah Kwon, 112 Jamila Lyndon, Natasha Thalla The Law School welcomes three new Closing Photo retouching by Benjamin Jackson and Tito Saubidet faculty members, Yan Cao ’13 examines ways including Jason to combat racial discrimina- Statements Printed by Full Circle Color Schultz from tion in auto loan rates; Yotam Sherrilyn Ifill ’87, Special thanks to the NYU Photo Bureau and NYU Archives Berkeley, and Barkai ’13 identifies a paradox president and director- NAACP Please send your comments to 39 visiting in First Amendment doctrine counsel of the [email protected] faculty, fellows, regarding freedom of speech Legal and

© 2013 New York University and scholars. to or by children. Educational Fund, School of Law. All rights reserved. talks about the Voting Rights Act, her goals for LDF, and being from Queens. 10 Taking Charge

A former Supreme Court clerk, associate , and award-winning Columbia Law professor, Trevor Morrison brings his signature energy and enthusiasm to his new role as dean of NYU Law. 16 With All Due Respect

34 Depth in Taxes Dean Arthur Vanderbilt’s ambition almost 70 years ago to create the very As Richard Revesz marked the end of first graduate tax program has transformed NYU Law into an intellectual his deanship with the unveiling of his center for tax and policy influencers in the nation’s top law firms official portrait, friends, colleagues, and students offered heartfelt tributes. and law schools, multinational corporations, and federal government. 20 22 28 Leading the Way Long Division Lipton’s Legacy

NYU Law is preparing students for The increasing polarization in As a trusted adviser to four NYU the rapidly changing legal profession Congress between Democrats and presidents and six Law School deans, with specially designed study-abroad Republicans inspired a spirited debate Martin Lipton ’55, co-founder of one opportunities, leadership training, among a group of political advisers and of the world’s top law firms, has played financial and business literacy, experts about the nature, extent, and a pivotal role in NYU Law’s rise from and other programs. causes of the partisan divide, as well a commuter law school to a premier as potential bridges. global institution. in Chief Adviser

4 WWW.LAW.NYU.EDU O Stepping on Gas the Dicta Obama’s cabinet. He will lead lead He will Obama’s cabinet. confirmed by the Senate to Senate the by confirmed Foxx ’96 was unanimously ’96 unanimously was Foxx the planning and support of support and planning the portation and the youngest youngest the and portation position—Anthony part-time be US Secretary ofTrans- Secretary US be member of President Barack Barack ofPresident member the nation’s roads, air, and and air, nation’s roads, the Charlotte, NC—a NC—a Charlotte, youngest mayor of mayor youngest nly four years after after years four nly being elected the the elected being sea-based trans

portation portation rally the day theSupreme Court ruledon Proposition 8. networks. Boies, left, andOlson,cheeredBoies, left, ataWest Hollywood - $91 million in new spending spending new in million $91 Convention. Earlier Earlier Convention. ocratic National National ocratic convention for Charlotte less less Charlotte for convention and ahumorous with cation Party. He delivered He delivered Party. guests at NYU Law’s 2012 conv0- 2012 Law’s NYU at guests their and graduates a remarkable year for Foxx, a Foxx, for year a remarkable addressed the JD NYU Law himself, Foxx has has Foxx himself, Law NYU rising star in the Democratic the in star rising night of the Sep ofthe night prime in remarks televised nationally that spring, he also also he spring, that opening onthe time than one year after becoming becoming after year one than tember 2012 Dem 2012 tember persistent efforts to land the the land to efforts persistent for . North for netted convention The mayor. ofhis description inspiring The confirmation capped capped confirmation The Since graduating from from graduating Since - - - At this rate, Foxx should con- should Foxx rate, this At 2013 (see story about Christo- about (see story 2013 of labor, in Obama’s cabinet. Obama’s cabinet. in of labor, Seth 47) joins on page and From DockettoDocumentary Root-Tilden-Kern class to join join to class Root-Tilden-Kern Harris ’90, acting secretary secretary ’90, acting Harris deprived ofthe right to marrytheperson they love—and why that sider changing his title to sec- to title his changing sider on thetestimony given attrialasthecase worked itsway upto the co-litigators David BoiesLLM’67 retary of career acceleration. ofcareer retary Supreme Court, added,“The opponentsofmarriage equality have worked not only in private private in not only worked the US Court of Appeals for for ofAppeals Court US the the Obama administration in in administration Obama the 1996 ofhis member third the practice but also in every every in also but practice pher Meade and Jenny Yang Yang Jenny and Meade pher branch of the federal govern- federal ofthe branch film willunderstand thepain our fellow citizens feel whenthey are about Hollingsworth v. Perry, theSupreme Court casethatledto as they followed BoiesandOlson’s legal team andthelives ofthe about theirmarriage-equality effortsonpage 88.)The documen- for Nathaniel Jones of Jones Nathaniel Judge for clerk alaw as He served ment: successfully blocked therelease ofthevideotapesthat testimony. HBO announced inJulythatnext year itwillairadocumentary plaintiffs, two same-sex couples, for five years. pain issounnecessary.” But they cannotblockthisdocumentary. Everyone whoseesthis the overturning of Proposition 8,thusallowing same-sex couples the most important casehehadeverthe mostimportant worked on.Boies,commenting tary’s directors, BenCotner andRyan White, hadexclusive access in California to bemarried.Arguing against Proposition 8were In apress release aboutthedocumentary, OlsondeemedPerry Depart Justice Clinton adminis Committee. He is He is Committee. counsel to the the to counsel Division of the ofthe Division House Judiciary House a attorney for for attorney a trial the Civil Rights Rights Civil the Circuit, Sixth the tration, and a staff astaff and tration, ment during the the during ment - - andTheodore Olson.(Read more A bipartisan agreementA bipartisan to pre- Act, withoutregard for the counsel to NLRBchairmanMark on theNationalLaborRelations dedicated solelyto advancing Senate-confirmed NLRB for the when Barack Obamarecess- first timesince 2003. appointed two stallednominees an employee oftheboard, and as pro-act. Notpro-union or another employee described as replacements, creating afull serve theSenate filibuster paved Pearce, was confirmed on July Board. Hirozawa, formerly chief me asanaptterm ofpraise for Thatparties. hasalways struck the way for Kent Hirozawa ’82to that iswhatIwillaspire to.” pro-management, butpro-act, mission athand:“Ionce heard Hirozawa andanothernominee the NationalLaborRelations the policiesandpurposesof in 2012, buteventually agreed to identities oralignmentsofthe ing, Hirozawa focused onthe become thefirst AsianAmerican Well-Appointed At hisconfirmation hear- Republicans hadbalked 30.

Boies/Olson: Monica Almeida / The New York Times / Redux Well-Appointed

perr y: tony gutierrez / afp; Grover: illustration By David Despau forgazine Ti me ma “In the conservative backlash that that backlash “In theconservative Loud andClear and again intherambunctious assault sparkedprotests inDelhi,

equality, however distant, however equality, are the such include to crimes expanded cians that nothing less do.” will compromising—was raised again Grover argued that India must re- goal; she is theregoal; remind to - politi Indian woman’s sexual brutal varying from hurtand humiliavarying - theater Indian of TV. Justice and told theNewtold Yorker inJanuary. penetrativetion to assault,” Grover protests, Grover’s un- voice—loud, followed thewaves women’s of followed . violence itssexual form “The for women’sfor rights. After ayoung cil, composed of vol- of composed cil, alone.” erence pref or orientation of sexual basis on the denied membership in the in membership denied declared that, effective Janu laws on sexual assault have to be laws assault onsexual have be to journalist Nilanjana Roy wrote, BSA’s National Coun- BSA’s National America of Scouts Boy LLM ’76, who announced the the ’76, announced who LLM ary 2014, “No youth may be be may “No youth 2014, ary results. On May 23, dressed dressed 23, May On results. unteer leaders across the coun the across leaders unteer try, voted on the resolution. resolution. onthe voted try, teer president, Wayne Perry Perry Wayne president, teer volun- organization’s the was it Scouts, gay admit to in his Scout’s uniform, he he uniform, Scout’s his in members of the of members A Scout’s Honor Scout’s A In herTime 1,400 than More rights and advocate rights and advocate lawyer Time’s 2013 list the100 of most influentialpeople in the world featuredin theworld tribute, Indian Vrinda Grover LLM ’06, aDelhi- ’06, LLM based human human based When the the When of America of America (BSA) held Boy Scouts Scouts Boy a closely a closely vote on vote whether whether watched -

-

-

“Did we have gay kids in the the in kids gay have we “Did The then ruled 5–4 5–4 ruled then justices The Boy Scouts of America v. Dale America of Scouts Boy We had people who opposed opposed who We people had The measure was an an was measure The Court case 13 case Court of association—or, more more of association—or, accurately, its freedom not freedom its accurately, about-face from a from about-face was proud of our people. people. ofour proud was us, who made forceful argu- forceful made who us, to uphold the BSA’s the uphold to freedom to associate with gays. gays. with associate to prised him, adding, “I also also “I adding, him, prised resolution—sur- the ported hard-fought Supreme hard-fought means of moving forward: forward: ofmoving means margin— the world. organizations around foundation’s grantee 1L and2students inthe for 100high-performing provide Fellowship Program to ord Foundation launched aLaw School T Perry says that the wide wide the that says Perry he F ments about this. They They this. about ments development as a as development Inaugural Ford 1 immediately rolled rolled immediately Foundation up their sleeves and and sleeves their up to work.’” to said, ‘OK, decision ‘OK, decision said, 61 made. Let’s get get Let’s made. 10-week placements Perry sees the the sees Perry Fellows percent sup- percent years earlier, earlier, years st

. “ ’15, Aimee ’ 15, Jesse Dong’15,Brittany Francis ’14,Monte Frenkel ’ 15, Rebecca Hufstader15, ’ Andrew Jondahl’15,NishiKumar15, RahimManji’ ’15,AnneMathews ’14,John Alexander Connelly deJesusSantos Paredes ’15,Martin ’15,Lyubomira Docheva expansion ofourwork withleadingacademicinstitutions intheUnited States selected thefollowing 25 inaugural fellows: M.Gabrielle Apollon-Richardson ’15, and worldwide.” Oneofonlyfour law schoolsinvited NYU Law to participate, mis Siobhan Atkins ’14,JuanCamiloMendezGuzman 15, EmmaClippinger 15, ’ Nelson ’15,Vivake Prasad ’ 15, JoshuaRiegel ’15,JohannStrauss ’15,Colin Stroud ers, and Scoutmasters who who Scoutmasters and ers, ers leaves many external external many leaves ers acknowledges He freely est.” BSA. “We had no illusions noillusions “Wehad BSA. gay and lesbian Scout lead Scout lesbian and gay are dealing with kids that that kids with dealing are a decision. I hope that peo that Ihope a decision. about satisfying the outside outside the satisfying about sion will enable more people people more enable will sion no kinder, more considerate considerate more no kinder, Scout the in be to like really world,” he says. “This was was “This world,” says. he I to join.” to thing else. I hope this deci this Ihope else. thing lead den Cubmasters, those the Scouting family making making family Scouting the on ban continued the that have challenges—divorce, poverty, abuse, and every and abuse, poverty, than planet onthe people it’s what understand will ple ing organization. There are There organization. ing factions still critical of the ofthe critical still factions nvesting inthe next generation ofleaders iscentral to theFord Foundation’s dard that a Scout is hon is aScout that dard sion,” saidFoundation President LuisUbiñas.“ total number 4 of schools T we upheld our stan our upheld we homson ’ selected family? Yes, we did. Yes, did. we family? have. By doing this, this, doing By have. est place? Yes, place? we est Have we now gone now we Have to a more hon amore to 15, Adrienne Warrell ’15,Geoffrey Wertime14. ’ ------25 Foundation Fellows Counterpoint ’94 number ofFord Activist andGuardian American peoplethatthey T columnist GlennGreenwald Security Agency, didn’t know abouthow emails iscompletely idiotic. stories aboutsurveil- government ismonitoring reporting. responding to Rep. Peter King’s callthat their communications, not his groundbreaking he beprosecuted for monitored. revealed are thingsto the lance by theNational terrorists, are being the communications ofthe their telephone callsand to thefact thattheUS theterroriststipped off from NYULaw from he onlythingsthatw , whobroke multiple T his ef T fort continuesfort the have somehow he ideathatw e’ve e

5 dicta A Grand Prize Medicinal Purpose Your For only the second During 18 years as an assistant US attorney in the Eastern District time in its 93 years, of New York, Maureen Barden ’78 became increasingly concerned Cart is the American Civil with repeat offenders. “As federal sentences became longer and Liberties Union longer and mandatory sentencing laws tied our hands in so many has established an cases, I was anxious to help people stay out of prison,” she said. Empty award. The $10,000 Dorsen “Working with the reentering population was a natural segue Turning its attention within Presidential Prize will be given from my work as a .” our borders, the Interna- biennially to full-time academ- Named a 2013 Soros Justice Fellow by the Open tional Clinic ics for outstanding lifetime Society Foundations, Barden will work with the (IHRC) focused on hunger contributions to civil liberties. Pennsylvania Project to develop and in America. Norman Dorsen, Frederick I. implement model policies and practices to give for- The IHRC’s report, and Grace A. Stokes Profes- mer inmates better access to health care, building “Nourishing Change: Fulfill- sor of Law, served as general on opportunities provided by the Patient Protection ing the Right to Food in the counsel and then president and Affordable Care Act (ACA). ,” described of the ACLU from 1969 to 1991. Although the ACA will expand Medicaid eligi- the toll that food insecu- Citing his “unflinching deter- bility and establish state-based health insurance rity takes on individuals, mination to protect the civil exchanges that will improve health care for former families, and communities liberties of all Americans in all prisoners, barriers to access still exist, Barden says. and the impact it has on circumstances,” ACLU Execu- She points to multiple studies indicating a corre- health and educational tive Director Anthony Romero lation between increased health care access and outcomes, especially stated, “This award was de- decreased recidivism. “Anything that assists the for children. The report, signed to honor his resolve and reentering population with basic needs and rein- which Associate Professor to reward and encourage those forces their ties to the larger community is likely to Smita Narula co-authored who share his commitment.” help people stay out of jail.” with Jessica Scholes ’13, Matthew Simon ’14, and Alyson Zureick ’14, found that 50 million Americans, were scheduled to close on Three years ago, Moelis including almost 17 million Built on the very day Sandy touched funded the Moelis Institute for children, cannot afford ground in . Affordable Housing Policy, part adequate food and that Sandy The buildings had already of NYU’s Furman Center for food insecurity cost the been in distress from mold Real and Urban Policy. US an estimated $167.5 Thousands of New Yorkers and disrepair. But then Sandy The institute aims to improve billion in 2010. have dramatic Superstorm buried the transformers under affordable housing policies “The world over, Sandy survivor stories, but 51 inches of saltwater. “That and programs by providing freedom from hunger and few can claim a $200 million meant no lights, no heat, no research, data, and rigorous access to sufficient nutri- deal weighed in the balance. running water,” says Moelis. evaluation of innovative prac- tious food is recognized After 10 months of prepar- Approximately 100 families tices. Ocean Village will put as a basic fundamental ing to buy Ocean Village, a remained despite the order to such policies to the test.

human right. And these 1,100-unit affordable-housing evacuate. “Most were elderly “The storm made this area t n e

values are not foreign to complex in Far Rockaway, or challenged, and there was incredibly visible, which is m the United States,” said Queens, NYU Law Trustee a lot of distress,” he adds. both good and bad,” Moelis

Narula in an interview Ronald Moelis ’82 and his firm, Generators were brought in. says. “We now have the oppor- rené cle by

L+M Development Partners, o with Democracy Now! Ultimately, L+M went tunity to be visible in a positive t “We’re calling on America ahead with the closing less way. We are trying to bring

to reclaim those values than a month later, and in resources to enhance the elis: pho o

to ensure that all houses renovations on 350 vacant property, including food, secu- m ons;

have access to sufficient apartments and the build- rity, and social services as i t and nutritious food and ing exteriors began almost well as open space, all things unda

that nobody struggles to immediately, financed largely missing in this community.” o F

y

put food on the table.” through a Citigroup fund Poor timing could turn out t cie

that encourages investing in well for Ocean Village after all. o S en

affordable housing. p O e h t ic Jukelevics for r E

Moelis with US Secretary of Housing and Urban

Development , left, in . Barden: St evenson: Dale Robbins / Moyers & Company Springtime in Tunis 16 students and faculty of the ofthe faculty and 16 students Tunisians who clearly had a had clearly who Tunisians is it onEgypt, eyes all With Cenobar Parker LLM ’13. Alex ’13. Alex LLM Parker Cenobar aUniversity to traveled Clinic Transitions Constitutional entirely another to meet with with meet to another entirely these research to thing one Arab the that forget to easy ence: “How many people can can people many “How ence: conference Manar El of Tunis Kerchner ’14 added, “It is “It is ’14 added, Kerchner government of their 23-year 23-year oftheir government academic perspective, and and perspective, academic a once-in-a-lifetime experi- a once-in-a-lifetime democ- ofemerging aspects say they were able to ask the the ask to able were they say Moncef Marzouki. Marzouki. Moncef reflections on the revolu- the on reflections racies and later engaged with with engaged later and racies transition in general?” said said general?” in transition constitutional the and tion the nation’s political actors, actors, nation’s political the on research their present to large stake in the ultimate ultimate the in stake large his for ofTunisia president April, In 2011. in president the down brought protesters Spring began when Tunisian Tunisian when began Spring issues from New York from an an York New from from issues including Tunisian president president Tunisian including Shingira MasanzuLLM’13,Cenobar Parker LLM’ 13, a picturesque town innorthern and MarziehDarian LLM’13 For the students, it was was it students, For the  in SidiBouSaid, T unisia. Jordan. “Our students did did students “Our Jordan. Glenn Bass, is assisting its its assisting is Bass, Glenn Goetz Cecelia Choudhry, Choudhry said. “Our high- “Our said. Choudhry client, the International International the client, ect with International IDEA IDEA International with ect transitions constitutional expert Tunisian audience, audience, Tunisian expert directed inquiries because inquiries directed (International IDEA), by by IDEA), (International Institute for Democracy Democracy for Institute Katy and ofLaw, Professor Libya, Tunisia, Egypt, and and Egypt, Tunisia, Libya, and Electoral Assistance Assistance Electoral and an extremely good job in in job good extremely an and East Middle the across and received valuable feed and who posed pointed and and pointed posed who and North Africa in Morocco, Morocco, in Africa North resolution of these issues, issues, ofthese resolution will greatly affect their lives lives their affect greatly will transitions in the region.” the in transitions constitutional support to to the importance of our proj ofour importance the to reports,” their sharpen to they believe the answers answers the believe they providing support for for support providing level meetings are a testament atestament are meetings level an to work their presenting back that will enable them them enable will that back moving forward.” moving

The clinic, led by Sujit Sujit by led clinic, The -

- “Cut Piece( Name ofArt Destroying Words inthe dents applied lipstick kisses kisses lipstick applied dents displayed at the Independent creations, even when they are owned by others. by others. owned are they when even creations, on it, cut it up, drew on it, it, on drew up, it cut it, on to students in scissors, of copies of “Against Moral objects, and crossed out out crossed and objects, Curators International Hub as expression and creativity. excerpted in the 2010 the in excerpted and and some portions. some portions. Muñoz Sarmiento and was was and Sarmiento Muñoz modifying, or even destroying, works of art is essential to artistic to artistic essential is art of works destroying, even or modifying, part of “Art and Law Codex” Codex” Law “Artand of part Rights,” along with a pair apair with along Rights,” that gives visual artists the right to protect the integrity of their their of integrity the to protect right the artists visual gives that to the article, spilled drinks drinks spilled article, to the folded it, wrote on it, added added it, on wrote it, folded her Art Law class. The stu The class. Law Art her by artist and lawyer Sergio Sergio lawyer and by artist laws “endanger art in the name of protecting it.” It is her belief that that belief her is It it.” protecting of name the in art “endanger laws To practice what she preaches, Adler distributed four bound bound four distributed Adler preaches, she what To practice The end result became a a became result end The Adler states in her article “Against Moral Rights” (which was Rights” Moral “Against article her in states Adler has madethedemand…for lawyers much 109 greater than…we’ve beenableto meet. system ismuch,much Art Law students.” students.” Law Art The situation for poorpeopleinthe worse today thanitwas in1963 .” 2 “Our appetite for punishment… ) by Amy Adler Adler ) by Amy What happens when trimming a written work literally literally work awritten trimming when happens What taking issue with a body of “moral rights” law law rights” “moral of abody with issue taking Review California Law Law California the in article an published Adler art. Professor of Law, would argue that the end result is is result end the that argue would Law, of Professor involves a pair of scissors? Amy Adler, Emily Kempin Kempin Adler, Emily Amy scissors? of apair involves “Evening the OddsinAmericanJustice” Mo yers & Company, March 29,2013 magazine) that moral rights rights moral that magazine) Law NYU of issue bryan -

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7 dicta 8 WWW.LAW.NYU.EDU An average of 400 people people of400 average An : Republican, Republican, Constitutions: drop of the historic 2012 2012 historic ofthe drop of Civil Liberties, took to the the to took Liberties, of Civil opposition his espoused coln Democratic and Consensus,” Consensus,” and Democratic Inez Milholland Professor Professor Milholland Inez attended each lecture, which which lecture, each attended Neuborne framed divisive divisive framed Neuborne nine public lectures explor- lectures public nine Union for a weekly series of series aweekly for Union Lin Abraham which upon took place against the back- the against place took . US ofthe tion to slavery, Burt Neuborne, Neuborne, Burt slavery, to historic Great Hall at Cooper Cooper at Hall Great historic presidential campaign. presidential Standing on the same stage stage same onthe Standing Ask Me Anything (AMA)session. Asample question and response: ing the evolving interpreta- evolving the ing Reddit, the popular social news forum, invited Laurence A. Tisch Laurence invited newsforum, A. social Reddit, thepopular why? take and one would you Government. Which choosing intheFederal to apositionofyour offers to appointyou Suppose thePresident Bouncehaus asks: It’s Made It’s as History Exploring Professor Law of Richard Epstein ina“celebrity” take to part In the series, called “Three “Three called series, the In Ask MeAnything! -

“When we shift the focus to to focus the shift we “When corporations, massive elec- massive corporations, for speech free process, due gion in American politics, politics, American in gion a constitutional debacle.” a constitutional stitute ‘gun virus’ for ‘gun,’ it it ‘gun,’ for virus’ ‘gun stitute nonfatal gunshot wounds in in wounds gunshot nonfatal would trigger a nationwide anationwide trigger would the US. “If you were to sub- to were you “If US. the tion in terms of constitutional ofconstitutional terms in tion immigra- and spending, toral history and law. and history billion a year spent treating treating spent ayear billion $2 estimated an cited borne Second Amendment, Neu- Amendment, Second just plain ‘gun,’ we move move we ‘gun,’ plain just from a medical emergency to to emergency amedical from said. he emergency,” medical issues such as the role ofreli- role the as such issues During his lecture on the onthe lecture his During It willnothappen. if constitutionally a niceeven start, Epstein responds: But hiswould be impermissible.

“Gays are essentiallywhere African Americans were in Albert Podell ’67Albert declared drama, dramatic theater season, only one of us will makeonly us oneof will it,” competing LBJ-centeredcompeting a of at theexpense year Setting the scene for a for thescene Setting Podell theTimes told , add- get aLyndonget Johnson B. see two plays about two LBJsee on to is going theatergoer sane Broadway this season, so the $3.3 million cost the of that he is determined to A BackstagePapa production ifhehas to. ing that he will underwrite ing that underwrite hewill in theNew York Times historical play, TheGreat , onBroadway thisSociety discrimination isslightlyjiggered, soinstead oftalking affirmative action,the Voting Rights Act, andmarriage equality. easy to see.What’s muchharder for thecourtto deal Answering how to make senseofSupreme Court decisionson 1967 about eliminatingthevote from African Americans, with undertheEqual Protection Clause iswhenthe , confronting discriminationwhere it’s relatively AllThe Way . “No you talkaboutvoter IDorliteracy tests.” All InwithChrisHa kenj i yosh yes, June262013 Capital Crew The inaugural class ofGovernor Andrew Cuomo’s New York State Ashley, Krystan Harrington Jehiel Baer,Kevin Frick, Darci T of theNYULaw Public Interest State’s branch. government service,” says Sara graduates theopportunityto graduates ofNYULaw. Designed work onpressing policyissues as entry-level attorneys in New York year program allows NYULaw across thestate whoare pursuing ship isafantastic opportunity sional schoolgraduates from Law Center, “and thisfellow- Rakita ’98,associate director public service careers, thetwo- the NYULaw graduates, all Program kicked offwith10recent Excelsior Service Fellowship in New York State.” increasingly interested in from theClass of2013 , include: for themto make adifference for college, university, andprofes- Levitan, andPaula Vera. Hitchcock, AbidHossain, Frinquelli, PhillipHarmonick heodor “Our studentshave been i Of the30JDfellows selected, no

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Podell: Hiroko Masuike / The New York Times / Redux; neuborne: photo by joao enxuto Striking Home “Failure to provide for Kenneth maximum punishments Feinberg ’70, adequate to satisfactorily founder of punish criminal offenders Feinberg Rozen and the is not an American go-to problem problem. We probably solver for major disasters, have the longest sen- served as the administrator of tence maxima in the One Fund Boston, distribut- ing more than $60 million to free world. For the most the victims of the 2013 Boston serious crimes, we have Marathon bombings. life imprisonment with- Feinberg has mastered vic- out parole or capital tim compensation funds for the 9/11 attacks, 2007 Virginia Tech punishment. No more shooting, and 2010 Deepwater can be added.” Horizon oil spill, and even served as the nation’s “pay czar” Big Ideas for the Big Apple for top executives at banks that The Furman Center for Real Estate and Urban Policy and its were bailed out by the US. But Moelis Institute for Affordable Housing Policy convened a J ames JaCOBS, this time, the Brockton, MA, Mayoral Forum on Affordable Housing in April, moderated Chief Justice Warren E. Burger native is administering close to by Brian Lehrer of WNYC and featuring all six then-declared Professor of Constitutional Law home. “Unless you have a heart candidates for New York City mayor, above: John Liu, Christine and the , testified before of stone, you cannot help but Quinn, Sal Albanese, Adolfo Carrión Jr., Bill Thompson, and Bill the Senate Judiciary Subcom- empathize with victims who de Blasio. Furman Center Director Vicki Been ’83, Boxer Family mittee on Constitution, Civil reside in your neighborhood,” Professor of Law, introduced the event with a daunting obser- Rights and Human Rights during says Feinberg. “As a profes- vation: “How the city takes on this challenge of creating and a hearing on hate crime and sional, you try not to permit preserving affordable housing in an environment of increasing domestic extremism that was your background and youth in needs, declining federal support, and a strengthening real estate held on September 19 in the Massachusetts to influence your market will have an enormous effect on the livability, diversity, wake of a shooting at a Sikh objective decision making, but and character of the city.” temple in Milwaukee, Wisconsin. it certainly strikes at your core.” Our Fellow Americans Candice Jones ’07 and Jason Washington ’07 recently completed their year as White House Fellows. Jones, most recently the executive director of the Juve- nile Justice Commission, worked on a series of policy projects in the Office of the Secretary of Education, contributing to broad strategy development. “I have a better understanding of the benefits and burdens of being a public servant,” said Jones. “There is “Untitled, Chalk on Board” a responsibility to appreciate When mere words wouldn’t do, renowned painter Frank the broad impact of proposed Stella turned to the chalkboard to show rather than Jones Washington policies, while constantly manag- tell. Stella joined a panel of experts in April for ing the scrutiny of decisions and NYU Law’s Art Law Society’s discussion of resale efforts to communicate those decisions effectively.” royalty rights, which allow artists to bene- Washington, previously a senior policy adviser to ’s fit from the increased value of their works over mayor, was initially placed in the Office of Field Policy and Man- time. Stella proposed an alternative “transfer tax” agement. After Superstorm Sandy, however, he asked to work on for subsequent sales of an original work of art. the Department of Housing and Urban Development’s Hurricane Sandy Rebuilding Task Force. “The White House Fellows experi- “Stimulating creativity in the arts is not ence has challenged me to think about my responsibilities as a going to be done by any kind of resale leader in a more complex way,” he said. “As I map right or handout to the artists,” he out my career path moving forward, I said. The drive to create, he added, plan to consider not just my personal “happens regardless of the market.” goals but also how I can have a positive and meaningful impact in the world.” 10 WWW.LAW.NYU.EDU “Professor Morrison was an absolutely incredible professor, among among professor, incredible absolutely an was Morrison “Professor The punch line became a bonding point throughout the semes the throughout point bonding a became line punch The BY NADYA LABI NYU Law intothenexteraoflegaleducation. legal profession, Trevor Morrison isleading During atimeofgreat changefor the was a student at Columbia, praises Morrison for his “lightning- his for Morrison praises Columbia, at a student was (the first assistants teaching three hired sessions, review weekly were, understandably, nervous and concerned. “I was not happy not happy “I was concerned. and nervous understandably, were, who pitches in for the school.” the for in pitches who Because the two courses were held at the same time, he offered to to offered he time, same the at held were courses two the Because tutional law and federal courts who taught Morrison when he when Morrison taught who courts federal and law tutional engag “He’s organized, clear, had,” he enthuses. I’ve ever best the He held however. jokes, tell than more much did ter. Morrison down.” way the all he’s on, “It’s told, turtles standing is turtle the back the on supported plate a flat is earth the that ascientist to shafted.” ofgetting kind were we like felt “I transplants. taught, and taking questions. At one point, he mentioned turtles turtles mentioned he point, one At questions. taking and taught, he’d ever used) to offer extra hours, hosted a series of happy hours, hours, happy of series a hosted hours, extra offer he’d to used) ever league found herself unable to teach her con law class for personal personal for class law con her teach to unable herself found league like willingness” to merge the classes, adding, “He is somebody somebody “He is adding, classes, the merge to willingness” like merge the classes, doubling his own to 193 students. The students students The 193 to students. own his doubling classes, the merge ing, and interesting.” Henry Monaghan, a professor of consti a professor Monaghan, Henry interesting.” and ing, quickly Morrison laughed. class the half only and passing, in hesitate. didn’t Morrison semester, the into weeks three just reasons, at the time at all,” says Gabriel Unger, a 1L who was among the the among was who Unger, a1L Gabriel says all,” at time the at and agreed to grade the original and transplanted students on students transplanted and original the grade to agreed and of a giant turtle. When the scientist pushes back, asking what what asking back, pushes scientist the When turtle. of a giant explains woman old An newcomers: the to reference the described he’d already material reviewing them, welcoming ease, at dents A separate curves. separate The son of a teacher, Morrison did his utmost to set the new stu new the set to utmost his did Morrison teacher, son of a The By semester’s end, Morrison had won over skeptics like Unger. Unger. like skeptics over won had Morrison end, semester’s By t the beginning of this year, Trevor Morrison was teach was Morrison Trevor year, of this beginning t the ing a constitutional law class at Columbia, training for a a for training Columbia, at class law aconstitutional ing marathon, and participating in rounds of job interviews interviews of job rounds in participating and marathon, for the deanship at NYU School of Law. But when acol when But ofLaw. School NYU at deanship the for ------

work on issues of national security for the White House counsel counsel House White the for security ofnational onissues work ability and wisdom, , his about talks him with worked will bring to the role of the dean. He’s deeply thoughtful and able able and He’s thoughtful deeply dean. ofthe role the to bring will we were very fortunate to be able to persuade him to come here.” come to him persuade to able be to fortunate very were we Court.) At 42, Morrison has already grappled with some of the most most of the some with grappled already has Morrison 42, At Court.) He then entered academia, joining the faculty at School Law Cornell at faculty the joining academia, entered He then urgent legal challenges of our time. He is considered one of the the of one considered He is time. our of challenges legal urgent amaz an from does Trevor that devotion and respect universal that will endure as the correct ones over time,” says Richard Pildes, Pildes, Richard says time,” over ones correct the as endure will that decisions make to distance appropriate an at road the down see to he that sophistication and subtlety, power, ofintellectual kind the shows work whose scholar legal “He’s afirst-rate been powers. tive Supreme the to Sotomayor of Sonia nomination the vet help to time together.” people bring to or him met ever has who “Everyone committee. search the clear the as emerged and Morrison candidates four to field the preneurs, among others. The committee eventually winnowed winnowed eventually committee The others. among preneurs, become the dean of one of the top law schools in the country, and and country, the in schools law top ofthe ofone dean the become blazing female judge: Supreme Court Justice . Ginsburg. Bader Ruth Justice Court Supreme judge: female blazing nation’s foremost scholars on constitutional structure and execu and structure constitutional on scholars nation’s foremost Law Columbia from graduating Upon moves. career impressive academy,” the outside and inside both of people, range wide ingly of kind the commanded who else noone “We found favorite. entre and corporations, of CEOs non-academics, interviewing Sudler Family Professor of Constitutional Law. “He was destined to to destined “He was Law. of Constitutional Professor Family Sudler to absence of leave year’s a took He Columbia. later, years five and, Court US ofthe Fletcher Betty Judge for clerked he 1998, in School net, a wide cast it November, last a dean for looking began School during President ’s first year in office. (He also found found also (He office. in year Obama’s first Barack President during of Appeals for the Ninth Circuit and, four years later, another trail another later, years four and, Circuit Ninth the for of Appeals says Daryl Levinson, David Boies Professor of Law, who headed headed who ofLaw, Professor Boies David Levinson, Daryl says The new dean has accomplished that feat across a range of of range a across feat that accomplished has dean new The Morrison was collecting fans at NYU as well. When the Law Law the When well. as NYU at fans collecting was Morrison - - - -

11 NYU LAW 2013 12 WWW.LAW.NYU.EDU NOW younger brother,Andy, inPort Alberni, Columbia, British circa 1982 (above). worked in the paper mills or logging divisions divisions or logging mills paper the in worked Dornum recently left the Federal Defenders of New York to become York New of become to Defenders Federal the left recently Dornum Von School. Law TA Columbia at his was who Dornum, von Deirdre says hours,” office of my attender frequent most the “He was PhD. Japanese in student a graduate with aconversation but Harvard, junior and elementary taught Hugh, father, His (Golf, he admits, is his new obsession.) new his is admits, he (Golf, Other than one distant cousin, there were no were there cousin, distant one than Other the new assistant dean of the Public Interest Law Center at NYU. NYU. at Center Law Interest Public of the dean assistant new the the than world the in engagement for scope greater much offer to doctoral ofthe ayear completing After school. York New City the mid best ofCanada’s some with teams cross-country and track criti think to him pushed who father, his with sessions prep to industry. town’s main small the constituted that high school, and his mother, Anne, did acombi did Anne, mother, his and school, high lawyers in the family. family. the in lawyers friends of Morrison’s parents the of many fir; las by mountains and forests of red cedar and Doug and cedar red of forests and mountains by narrow set of legal historical questions he was exploring for his his for exploring was he questions historical legal of set narrow seemed law, which the about everything virtually by fascinated largely thanks debate, parliamentary at excelled and town in work. community-building and ofsocial nation onVan Alberni Port to jobs followed and married, Seattle, in college in met California, from mother, a city at the head of the Alberni Inlet, surrounded surrounded Inlet, Alberni ofthe head the at a city coursework, Morrison started the JD program there. He became He became there. program JD the started Morrison coursework, Olympics. the for qualified runner top the which in team country cross- onaseven-person varsity He made runners. dle-distance had it because part in Columbia British of University the choosing ran, he piano, orpracticing orworking not studying When cally. couver Island in British Columbia. Port Alberni is is Alberni Port Columbia. British in Island couver MORRISON’S FATHER, FATHER, MORRISON’S studies at Columbia—Beth Katzoff—convinced him to choose choose to him Katzoff—convinced Columbia—Beth at studies Morrison went to the only public high school school high public only the to went Morrison He planned to get a law degree and a PhD in Japanese history at at history Japanese in aPhD and degree alaw get to He planned

AND THEN With hiswife, Beth, inthe Vanderbilt courtyard; andwithhis from New Zealand, and his his and Zealand, New from - - -

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Times There were a couple instances where Trevor was playing bas playing was where Trevor instances couple a were There Toby Heytens, his co-clerk who is now a professor at the Uni the at aprofessor now is who co-clerk his Toby Heytens, versity of Virginia School of Law. Despite the grueling schedule, schedule, grueling the Despite ofLaw. School ofVirginia versity No law firm wanted to hire a woman—“Prejudice came down on on down came woman—“Prejudice a hire to wanted firm No law was drawn to those involving the death penalty, an interest he he interest an penalty, death the involving those to drawn was he cases, habeas the Among House. White the in Morrison with Ninth Circuit. She went on to write some 700 opinions, including including opinions, 700 some write onto went She Circuit. Ninth Morrison nearly always made time for the pickup basketball basketball pickup the for time made always nearly Morrison Ginsburg hasn’t held it against him. As she told the the told she As him. against it hasn’t held Ginsburg talk to her about a case while wearing gym shorts and a T-shirt.” a T-shirt.” and shorts gym wearing while acase about her to talk in. always was Trevor was, he busy how “No matter it: puts tens a be just often can law the to approach aprogressive that me taught Bush the tossing 2007 in another and department transportation ter Sophia was born five years later.) “I’m not sure he slept,” says later.)says slept,” he “I’m sure years not five born was Sophia ter the local association, and the second woman appointed to the the to appointed woman second the and association, bar local the ketball and the justice was looking for him. He went down to to down He went him. for looking was justice the and ketball an for 2002, in clerking to returned Morrison & Pickering, ler in abundance all the qualities needed to make a great dean.” dean.” agreat make to needed qualities the all abundance in are.” you smart how matter It doesn’t just hard. very of working matter of89. age the at year last death her before ayear cases 400 than more later. years School Law Cornell at teaching while maintained me like a ton of bricks,” she later wrote—but she finally convinced convinced finally she wrote—but later she ofbricks,” aton like me administration’s fuel-efficiency requirements for light trucks and and trucks light for requirements fuel-efficiency administration’s and juggled the demands of his newborn daughter, Clio. (Daugh Clio. daughter, newborn ofhis demands the juggled and the At Ginsburg. Justice Court Supreme Fletcher’s, of admirer most Unlike court. same the to son her appointed Clinton Bill after of atarget her made record liberal Her warming. global for account adequately to failed rules the that found Fletcher because SUVs of Legal Counsel, the General’s Office, and Wilmer, Cut Wilmer, and Office, General’s Solicitor the Counsel, of Legal of New York who also clerked for Fletcher and who later worked worked later who and Fletcher for clerked York also of New who conservative senators, who forced her to take senior status in 1998 1998 in status senior take to her forced who senators, conservative Clara’s Santa in women for action affirmative approving 1984 one in dren, she enrolled in law school, graduating at the top of her class. class. of her top the at graduating school, law in enrolled she dren, one to hire her, becoming its first partner, the first woman to head head to woman first the partner, first its her, becoming hire to one games that took place on a court above the courtroom. As Hey As courtroom. the above acourt on place took that games same time, he went on the teaching market for law professors professors law for market teaching on the hewent time, same judge “The clerks: her from service dedicated equally expected she in ruling caseload, her reduced never she however, , senior Morrison never forgot the lesson. After stints at the US Office Office US the at stints After lesson. the forgot never Morrison - chil four having After Morrison. to inspiration an was Fletcher Her work ethic left a lasting impression on Morrison, who said said who onMorrison, impression alasting left ethic work Her : “NYU Law School has snared a prize. Trevor possesses possesses Trevor aprize. snared has School Law : “NYU “He always had a million hypotheticals and he was was he and hypotheticals amillion had “He always Nathan, a US district judge for the Southern District District Southern the for judge district aUS Nathan, whether his or her detention is lawful. “The whole whole “The lawful. is detention orher his whether Fletcher and quickly became an expert among among expert an became quickly and Fletcher the right to be brought before a judge to determine determine to ajudge before brought be to right the the by raised questions knotty the in clerks the law of habeas corpus, which guarantees a prisoner aprisoner guarantees which corpus, habeas of law but gained a wife in Katzoff. in awife gained but understand to was, else everyone what beyond cogent and trustworthy of analysis,” says Alison Alison says analysis,” of trustworthy and cogent most the for upon relied be could he that ognized PhD the abandoned ofit.” Morrison aspect every group looked to him, and the judge quickly rec quickly judge the and him, to looked group far one each out playing in interested generally After getting his JD, he began clerking for clerking began he JD, his getting After New York York New ------

Airfield, observed the boards, and was largely impressed. As impressed. largely was and boards, the observed Airfield, young daughters; Morrison wanted to be home. But when Martins Martins when But home. be to wanted Morrison daughters; young STRENGTH who was the Defense Department’s representative. “I remember remember “I representative. Department’s Defense the was who on time ofhis much He spent so. less second, the successful; was Morrison puts it, “One indicator that the boards’ scrutiny was was scrutiny boards’ the that indicator “One it, puts Morrison Greg Craig, Obama’s first White House counsel, who asked him him asked who counsel, House White Obama’s first Craig, Greg Columbia and had taught only one semester at his new school, school, new his at semester one only taught had and Columbia Columbia who specializes in Japanese history, and their two two their and history, Japanese in specializes who Columbia had York New City and DC, Washington, between Commuting ute rundown of the difficulties, he said, ‘That’s just the needle we needle the just ‘That’s said, he difficulties, of the rundown ute the votes for the White House’s vision. At a time when not alot of when atime At House’s vision. White the for votes the to Cornell from moved just had Morrison office. the join to have to thread.’” And thread it, they did. Morrison became aregu became Morrison did. they it, thread And thread.’” to have was passed, the Commissions Act of 2009 did. 2009 of Act Commissions Military the passed, was legislation find to helping and staffers to talking Hill, Capitol on presence lar should combatants enemy example, for whether, deciding policy, be tried in military courts or Article III courts. When the presi the When courts. III orArticle courts military in tried be first Bay. The Guantánamo of closure the for calling and boarding, agreed. and agenda Obama’s ambitious to drawn was he but ment life behind. He helped start a colloquium on national security security national on acolloquium start He helped behind. life ment released.” were alot ofpeople that was real work the assessing Afghanistan in aweek spend to him invited to going were we policy of aspect difficult really some identifying vastly between ground common “He’s find to able them. reform ant detentions there, Morrison readily agreed. He flew to Bagram Bagram to He flew agreed. readily Morrison there, detentions ant at alibrarian wife, onhis ofaburden enough imposed already decline. to compelled felt Morrison force. task onthe addressed detention reform to how out figuring with charged force a task of the military boards charged with reviewing enemy combat enemy reviewing with charged boards military of the a 20-min about After sides. on all tensions the out Ilaid with. deal Martins, Mark General Brigadier view,”says of points different to worked Morrison commissions, military the keep to opted dent impressed work His Obama. Barack elected newly the for orders IN 2008, MORRISONIN SPENT 2008, CHRISTMAS stan to help implement detention reforms similar to those they had had they those to similar reforms detention implement help to stan At year’s end, Martins invited him to spend a year in Afghani in a year spend to him invited Martins end, year’s At Morrison worked on orders banning torture, including water including torture, banning onorders worked Morrison Upon returning to Columbia, Morrison didn’t leave govern leave didn’t Morrison Columbia, to returning Upon With in Judge BettyFletcher 1999; withfellow clerks Toby Heytens, Karl Thompson, andJusticeRuthBaderGinsburgin and ElizabethPorter 2003. helping to draft to helping

executive ------

Law Review Review Law 2010, for example, he wrote an article published in the the in published article an wrote he example, 2010, for we have tothread.’” ‘That’s justtheneedle the difficulties, hesaid, 20-minute rundown of on allsides. After a of policywithtensions really difficultaspect ber identifyingsome points ofview.I remem- between vastly different find commonground “Trevor isableto Brigadier General Mark Martins General Mark Brigadier Drawing on opinions from the Carter administration through through administration Carter the from onopinions Drawing the end of Obama’s first year in office, Morrison found that found Morrison office, in year ofObama’s end first the House. White the and Department, State the CIA, the Department, Defense the law and policy, which hosted current and former lawyers in gov in lawyers former and current hosted which policy, and law ernment, including those who had served as general counsel to to counsel general as served had who those including ernment, Morrison’s scholarship reflects his experiences as a lawyer. In lawyer. as a experiences his reflects scholarship Morrison’s analyzing the opinions of the . Counsel. Legal of Office ofthe opinions the analyzing

Columbia

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13 NYU LAW 2013 14 WWW.LAW.NYU.EDU the legal profession has to offer.” to has profession legal the IN THE INNERCIRCLE Morrison argues, are anomalous abuses, not business as usual, usual, as not business abuses, anomalous are argues, Morrison In it, he made the argument that the individual mandate to buy buy to mandate individual the that argument the made he it, In OLC largely followed its own , or the rule of stare stare of rule orthe precedents, own its followed largely OLC ture memos” written by OLC lawyers John Yoo and YooBybee Jay John and lawyers OLC by written memos” ture health insurance is a tax and falls under Congress’s tax power. The The power. tax Congress’s under falls and atax is insurance health provide real constraints on the president. The infamous “tor infamous The president. on the constraints real provide brief defending the constitutionality of the Affordable Care Act. Act. Care Affordable ofthe constitutionality the defending brief ration of Powers,” which challenges the assumption of courts that that ofcourts assumption the challenges which ofPowers,” ration Review Harvard Law the in decisis stare oflaw. The rule the under security national ing kinds these about think you “What security. national in izing 2001, 11, ofSeptember attacks the after immediately years the in dynamics important but subtle the to attentive insufficiently Supreme Court ultimately upheld the mandate on that ground. ground. onthat mandate the upheld ultimately Court Supreme amicus an co-wrote also Morrison acquiescence. to amounts ofwhat best ofthe it’s adefense that in Trevor classic is article special NYU at law of professor associate an Rascoff, Samuel says debate,” high-stakes very is a “This contends. Ackerman as legal executive work, oftheir review judicial ofroutine absence the in that argued has who Yale, at Ackerman Bruce as such ars energetic spirit. “There’s a wonderful lightness in the way he way the in lightness “There’swonderful a spirit. energetic power ofexecutive assertion ofan face the in silence congressional practic is US the believe you whether for matters of lawyers and do can OLC like offices that and lawyering, of government are critiques such that argues Morrison power. on presidential check meaningful any place reliably cannot OLC like offices schol to respond by Morrison articles other and That decisis. Morrison takes on these sober concerns with a cheerful and and a cheerful with concerns sober on these takes Morrison article an Bradley Curtis with co-wrote Morrison recently, More

With President Barack Obama and other advisers intheOvalOffice,With President BarackObamaandotheradvisers October2009. - Sepa the and Gloss “Historical titled - - - -

Johnson, a Columbia Law professor who specializes in civil proce civil in specializes who professor Law aColumbia Johnson, best outofpeople.” and helpsbringthe feelings intheroom helps defuseany bad jokes insituations, which work. Hewilljustcrack heavy andimportant goes aboutdoinghis lightness intheway he “There’s awonderful Olatunde Johnson helps defuse any bad feelings in the room and helps bring the best best the bring helps and room the in feelings bad any defuse helps academic thought that I’ve not run by Trevor. He reads everything everything He Trevor. reads by I’ve not run that thought academic an “There’s not says: Morrison, with power onexecutive a seminar out of people.” Ariela Dubler, a Columbia Law professor who taught taught who professor Law aColumbia Dubler, people.” of Ariela out which situations, in jokes crack just “He will rights. civil and dure goes about doing his heavy and important work,” says Olatunde Olatunde says work,” important and heavy his doing about goes

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OFFICIAL WHITE HOUSE PHOTO BY PETE SOUZA Love Actually you that this development will not diminish in any way my com my way any in not diminish will development this that you very elaborate espresso machine, and Trevor has tutored me tutored has Trevor and machine, espresso elaborate very Law, even as he’s learning the ropes of his new position, he plans plans he position, new ofhis ropes the he’s as learning even Law, intellectually and He’s gracious writes. he everything Iread I write. But how will he fare with the more pedestrian demands of the job? ofthe demands pedestrian more the with fare he will how But Or as Rascoff puts it, “He does his work with enormous intelli enormous with work his “He does it, puts Rascoff as Or to Amsterdam Café for a planned happy hour with his students. his with hour happy aplanned for Café Amsterdam to to teach a con law class to signal his commitment to students. to commitment his signal to class law acon teach to NYU at fall This items. top-selling the among was colleagues two courts federal taught who Morrison, 2011, In enthusiasm. his to morn every practice; of years had has Morrison leaf.” that to aspire only I can foam. your in leaf that make He can milk. the here.” stayed had he if dean, our be to has met at NYU. His academic credentials are beyond reproach. reproach. beyond are credentials academic His NYU. at met has accrue most debt the repay to them allow will that jobs high-paying of all assure to want “I NYU. at deanship the accepted just had he plete commitment to our class and to you, my students,” he wrote. wrote. he students,” my you, to and class our to commitment plete Morrison spring, the in administrators Law NYU with lunch portability of the skills law students gain. “They may even move move even may “They gain. students law skills ofthe portability ofthe parts rural in especially poor, the to services oflegal ply beyond the formal , but they will still rely on the train onthe rely still will oflaw,they but practice formal the beyond incredibly an have to continues NYU like school aleading but in addition to con law, won the school’s top teaching award. And And award. school’s teaching top the law, won con to addition in ing they received here in critical thinking, analytical reasoning, reasoning, analytical thinking, critical in here received they ing the emphasizing later,” says, he 10 years doing they’re what not be law. and life public American in place important schools law of oversupply general is a “There schooling. their for icebreaker an (During Beth. for a latte hemakes hesays, ing, Shortly after the official announcement was made, he headed up headed he made, was announcement official the after Shortly at a recent auction to raise money for public-interest law, the law, the public-interest for money raise to auction arecent at responded have Columbia at students His pleasure. a “selfish” as a have “I roots. Northwest Pacific his to testament a fitting are law, rights human and ofinternational aprofessor Cleveland, Sarah as a “first-class energizer,” has excited just about everyone he everyone about just excited has energizer,” a “first-class as ofcareers.” range awide for students their training in program ate gradu other any than dobetter schools Law solving. problem and also confessed that he and Beth watch the romantic comedy comedy romantic the watch Beth and he that confessed also country,” Morrison says. “These are large systemic challenges, challenges, systemic large are “These says. Morrison country,” Many cost. its justifies education alegal whether about concerns profound amid declined have nationwide schools law to cations and him with lunch have to ofstudents agroup for opportunity in hearts the make “He can way,” says. ofthe Dubler step every that abarista as skills He has help. some with sleep, little on candidate internal leading the probably was he think “I concedes: gence, the best academic values, and a highly credible golf game.” game.” golf credible ahighly and values, academic best the gence, find cannot schools law US ABA-accredited 203 ofthe graduates with.” teach to great and ideas about to talk to fun and generous IN EARLY APRIL, APRIL, EARLY IN structured on the traditional model and, tragically, an undersup an tragically, and, model traditional onthe structured “What our graduates do in the first year after they leave here may may here leave they after year first the doin graduates our “What The new dean will be taking the helm at a time when appli when time at a helm the taking be will dean new The Morrison, whom Columbia Professor Monaghan refers to refers Monaghan Professor Columbia whom Morrison, Morrison enjoys teaching to such a degree that he refers to it it to refers he that adegree such to teaching enjoys Morrison So what’s the secret to Morrison’s success? The ability to thrive thrive to ability The success? Morrison’s to secret the what’s So several times ayear.) times several Morrison e-mailed his students to students his e-mailed Morrison

tell

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“In the company of several trustees, I said, ‘Ask money,’” for me Isaid, trustees, several of company the “In Nadya Labi is a writer based in New York. New in based awriter is Labi Nadya DEAN ON THE SCENE who heard remarks from FTCCommissionerJulieBrill ’85, left, onJune 11. at Feast for FinalsonMay8; and greeting Washington, DC-area alumni, first AdmittedStudents Daywelcome, on 26, April top; breakfast serving was impressed. “But what was really remarkable to me was that that was me to remarkable really was what “But impressed. was the trustees, they said, “That’s our dean. That’s who we want.” we That’s who dean. our “That’s said, they trustees, the and it, about thought paused, Morrison ask.” an make to and that have done that better?’” When Forrest relayed his comment to to comment his relayed Forrest When better?’” that done have launched into what Forrest describes as a reasonable pitch. She She pitch. areasonable as describes Forrest what into launched afterward, when we walked downstairs, he said, ‘How could I ‘How could he said, downstairs, walked we when afterward, him. test to decided development, of dean associate once was and she recalls. “You have to be nimble to respond to a question like like aquestion to respond to nimble be to “You have recalls. she Jeannie Forrest, a vice dean who was on the search committee committee search onthe was who dean avice Forrest, Jeannie

Chatting with audience members aftergivinghis Chatting withaudiencemembers

15 NYU LAW 2013 Calling him the best law school dean of the last decade, “bar none,” Justice Elena Kagan—along with several colleagues and friends—spoke in honor of Richard Revesz as he bid farewell to his corner office.

by jesse wegman ’05 ∙ photographs by juliana thomas I “I knew then that I had found my new dean.” new my found Ihad that then knew “I April 9 honoring Revesz’s 11 years of service at the helm of NYU ofNYU helm the at ofservice years 11 Revesz’s 9honoring April

clockwise from lower right,ElenaKagan, Robert Katzmann, NicholasBagley, JeannieForrest, Barry Friedman, Kenji Yoshino, JohnSexton, andAnthony Welters. guests ofhonorand Warren Professor of Constitutional Law. Law. ofConstitutional Professor Warren civil rights, I might enjoy having a title that would remind me remind would that atitle having enjoy Imight rights, civil Professor Warren Earl Justice Chief the called be instead chair Jus Chief as that confirmed and of Warren a biography consulted he had that him told Revesz recalled. Yoshino again,” me to out II. World War during there camps internment American the Japanese establishing in figure central Professor of Law at Yale, where he had been on the faculty for for faculty onthe been had he where Yale, at ofLaw Professor problem- keen “his qualities: best ofRevesz’s many evoked Law, administrators, alumni, and students who filled Tishman Audi Tishman filled who students and alumni, administrators, profound expressed publicly had governorship—Warren his after a been had California, of governor later and general attorney solving approach, his relentless energy—but most of all, his his of all, most energy—but relentless his approach, solving in aspecialist as that “He mentioned Law. ofConstitutional ship Earl inaugural the title: ideal aseemingly with Yoshino sented regret for his involvement in the internment program. program. internment the in involvement his for regret pre Revesz Richard Dean NYU, to To him lure 10 years. nearly tice of the United States—the post he famously held for 16 years 16 years for held he famously post States—the United of the tice as Warren, because chair the not accept could he that Revesz to torium to bid a bittersweet goodbye to the outgoing dean. dean. outgoing the to goodbye abittersweet bid to torium humane wisdom,” Yoshino said to the hundreds of professors, ofprofessors, hundreds the to said Yoshino wisdom,” humane said. Yoshino a lifetime,” over grow can individual an much how professorship at NYU, on leave from his post as Calabresi Guido as post his from onleave NYU, at professorship in the exact name of the professorship, and proposed that the the that proposed and professorship, the of name exact the in “Ricky completely understood, but a few weeks later he reached hereached later weeks a few but understood, completely “Ricky At the time, Yoshino was in the midst of a successful visiting visiting ofasuccessful midst the in was Yoshino time, the At The story, which Yoshino recounted during a celebration on celebration a during recounted Yoshino which story, The Yoshino, who is of Japanese heritage, was honored but explained explained but honored was heritage, of Japanese is who Yoshino, Revesz added that he had discovered he had some flexibility flexibility some he had discovered he had that added Revesz The respected constitutional scholar had in his hands a hands his in had scholar constitutional respected The n early 2008, kenji yoshino faced an unusual dilemma: dilemma: unusual an faced yoshino kenji 2008, early n Law—and yet he could not accept it. not accept could he yet Law—and tempting offer to become a full professor at NYU School of School NYU at professor full a become to offer tempting honorable speakers Dean Richard Revesz (upperright)withhis wife, Vicki Been, anddaughter, Sarah, baskingintheglow ofencomiums from, - - - - Thurgood Marshall, to join the NYU Law faculty. faculty. Law NYU the join to Marshall, Thurgood Yoshino called it, each reflecting with insight and a little humor humor little a and insight with reflecting each it, called Yoshino decanal predecessor and, subsequently, his boss; Elena Kagan, Kagan, Elena boss; his subsequently, and, predecessor decanal cal courses, and the trailblazing steps to adapt legal education education legal adapt to steps trailblazing the and courses, cal on the myriad ways Revesz had transformed and strengthened strengthened and transformed had Revesz ways myriad on the Dean Jeannie Forrest and Professor Barry Friedman, also fea also Friedman, Barry Professor and Forrest Jeannie Dean adding that during his own 14-year tenure as dean, no one “had “had one no dean, as tenure 14-year own his during that adding ofRevesz. collaborator and student aformer is School, Law ofMichigan University the at professor ’05, assistant Bagley Nicholas and friend; aclose and Law ofHarvard dean was she when competitor adirect and acolleague both was Court, Supreme ofthe justice associate Revesz’s as spoke of NYU, president Sexton, : as NYU Law since he took over as dean in 2002. 2002. in dean as over took he since Law NYU speakers who each revealed different relationships to Revesz Revesz to relationships different revealed each who speakers some work, the speakers painted their own “verbal portrait,” as as portrait,” “verbal own their painted speakers the work, some Mark Duffy. But before the scrim was pulled off Duffy’s hand Duffy’s off pulled was scrim the before But Duffy. Mark repayment assistance program, the creation of multiple new and and new of multiple creation the program, assistance repayment loan pioneering of NYU’s expansion the members, faculty new the in dean, the been Ricky’s years, 25 for that case the is really which is its faculty, than Ricky.” In this way, Sexton said, “it said, way, Sexton this In Ricky.” than faculty, its is which tured the unveiling of Revesz’s official portrait, painted by Daniel Daniel by painted portrait, official Revesz’s of unveiling the tured to the fiscal and global realities of the 21st century. 21st the of realities global and fiscal the to School; Robert Katzmann, judge on the US Court of Appeals of Appeals Court US on the judge Katzmann, Robert School; Supreme Court to try to convince Revesz, then a clerk for Justice Justice for a clerk then Revesz, convince to try to Court Supreme most important way.” important most for the Second Circuit, is both a longtime adjunct professor professor adjunct alongtime both is Circuit, Second the for influential policy centers, the doubling of the number of clini of the number of doubling the centers, policy influential 46 of addition the fundraising, in million $500 than more ing School, Law ofthe soul and heart the shaping dowith to more “He elevated our faculty the minute he joined it,” Sexton said, said, it,” Sexton he joined minute the faculty our “He elevated The 90-minute event, emceed with wit and banter by Vice Vice by banter and wit with emceed event, 90-minute The Yoshino, as a fellow faculty member, was last in a lineup of alineup in last was member, faculty afellow as Yoshino, First up was Sexton, who recounted his 1984 trip down to the the to down trip 1984 his recounted who Sexton, was up First Sexton cited Revesz’s many accomplishments as dean, includ dean, as accomplishments many Revesz’s cited Sexton - - - - 17 nyu law 2013 18 WWW .Law.NYU.EDU “Ricky called everyone together to say, to together ‘We everyone funding will guarantee called “Ricky “flunked the first test of deaning…which is, you have to pick your your pick to have you is, deaning…which of test first the “flunked “Together with a few other law students withRevesz children, Dean Iasked students law “Together with afew other “Ricky made it clear he would always have an open-door policy; was he always would he have open-door an itclear made “Ricky ‘Senator.’ really my quickly!” formality off Thatme got showed that he knew when to place the school’s the over place what core knew to he values when that showed appeared to be budgetary math. He didn’t math.He acommittee; budgetary just convene be to appeared was like, in NYU faith was law interest Our Bam! public of abastion as people feared that Ricky would be a technocrat, and in that moment he he moment in that and atechnocrat, be Ricky would that feared people a restored and extended. Because of his of administrative scholarship, law Because restored extended. and he went and did it.” and went he to everybody,to we’re and dollars.’ raising by athousand amount the It summer internship funds had far outstripped supply. internshipsummer outstripped far had funds By spring, Revesz was Harvard Law School in 2003, recalled that “there were some num some were “there that recalled 2003, in School Law Harvard and Revesz engaged in over faculty hiring. “It just turned out that that out turned “It just hiring. faculty over in engaged Revesz and dean.” successful extraordinarily an she added, “Ricky proved in really short order that you didn’t didn’t you that order short really in proved “Ricky added, she able to announce a new head of the Public Interest Law Center and more: and Public Center of the Law Interest head anew announce to able necessarily have to have the personality type of John to be just just be to ofJohn type personality the have to have necessarily the extremely popular Sexton, Kagan, who became dean of dean became who Kagan, Sexton, popular extremely the preordained. To the contrary, remembered Kagan, Revesz Revesz Kagan, remembered To contrary, the preordained. predecessor really well.” well.” really predecessor ber of people who said, ‘Well, he’s not John Sexton, is he?’” But, he?’” But, is he’s Sexton, ‘Well, notJohn said, who people of ber about the healthcare plan. He was absolutely surprised; was idea no absolutely plan.He had he healthcare the about on our behalf, and the result was all those services were next covered the services result those was behalf,the all and our on year. The fact that he did this after one meeting with us made it clear that that it clear with us made meeting one year. did this he after that The fact he meant it when he said he cared about students who have kids. It’s students one about cared he said he itwhen meant he thing to say you care, to thing words your it’s put action.” and to into another there were these deficiencies. He went to the University and advocated Universityadvocated the and to He went deficiencies. there were these a running joke that whenever I called him ‘Dean,’ Icalled a running whenever joke that me call would he diversity inclusiveness. It’s and many reasons why the of my Iloved one passionate about it, gave about time, and energy,passionate administrative and capacity time at NYU. at time with formal him, Iwas very reflexively. Often became So it for do could moreschool what the it. about to drop Iwould bytalk and

Kagan recounted with rueful amusement the frequent battles she she battles frequent the amusement rueful with recounted Kagan nomeans by was tenure ofRevesz’s success outsized the But Noting that Revesz assumed the job in the shadows of shadows the in job the assumed Revesz that Noting few Jason WashingtonJason ’07 a2012–13 and Scholar was AnBryce an White House Fellow. Warren Braunig ’05, Keker at &Van apartner in Nest San

fall, the student body learned that demand for public for interest demand that learned fall, body student the Francisco, as dean. Revesz That when began matriculated Jessica Almy ’09, Glitzenstein Meyer at associate an &Crystal didn’t cover as such well-child vaccines check-ups. and services in Washington, DC, as arrived a1L with baby. ahusband and She was surprised to learn that University health insurance University health that was learn She surprised to choice

moments

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edit a textbook chapter on the of environmental of environmental economics and law on the chapter a textbook edit we because Ricky, to yes say to “Wewant obligation: of mutual Revesz personally responded to e-mails deep into the night, say night, the into deep e-mails to responded personally Revesz year student in 2002, all he knew of Revesz was “that he didn’t didn’t he “that was ofRevesz knew he all 2002, in student year an administrator,” Katzmann said, but Revesz took “active efforts efforts “active took Revesz but said, Katzmann administrator,” an to promote the careers of the young talent around him.” him.” around talent young ofthe careers the promote to hug people as much as John Sexton did.” did.” Sexton John as much as people hug podium: Nicholas Bagley, who told the audience that as a first- as that audience the told who Bagley, Nicholas podium: could.” possibly he if us to yes say would he that know ing that it instilled in everyone else a sense not just of awe but also also but of awe not just a sense else everyone in instilled it that ing One person Revesz said yes to many times was next on the onthe next was times many to yes said Revesz person One In Bagley’s second year, however, Revesz tapped him to help help to him tapped Revesz however, year, second Bagley’s In Katzmann also echoed the near-universal observation that that observation near-universal the echoed also Katzmann 11 years—“bar none”—Kagan said that that said none”—Kagan years—“bar 11 York counterpart. Calling him the the him Calling York counterpart. cation, “there was no one I looked to to Ilooked noone was “there cation, afaculty Iwanted Idecided time every output even as he bore the burdens of of burdens the bore he as even output I looked to more than I looked to NYU.” to Ilooked than more to I looked Kagan added with a smile, “I have “I have a smile, with added Kagan Law schools can be—and often are— often be—and can schools Law innova entrepreneurial, an “is Law NYU values. his in resides said, Kagan Center. Law Interest Public sup his Program, Scholarship Kern Kagan said, remarking that when she she when that remarking said, Kagan any annoyance was dwarfed by her her by dwarfed was annoyance any there Iwas “as felt though she NYU, at ally when somebody becomes a dean, adean, becomes somebody when ally stodgy and tradition-bound and not and tradition-bound and stodgy set for other deans, Kagan highlighted highlighted Kagan deans, other for set scholarship and is going to become become to going is and scholarship ability ofRevesz’s admiringly spoke innovation.” and ofadventure sense the by provided funding summer seemed to have quite the same taste,” taste,” same the quite have to seemed respect for and admiration of her New New ofher admiration and for respect running a top-tier law school. “Usu school. law atop-tier running when she looked outside Harvard for for Harvard outside looked she when to say, this was all highly annoying.” highly all was say,to this the sense is he or she is done with with done is orshe he is sense the his with optimism, his with place this institutions adventurous most the “And said. she place,” optimistic tive, to maintain a high level of scholarly of scholarly level a high maintain to his commitment to public service and and service public to commitment his his championing of the Root-Tilden- ofthe championing his heard people mention 46 new faculty faculty new 46 mention people heard law schools don’t have to be that. that. don’t be to have schools law ofthe protection his and program, assistance repayment loan of the port through law, primarily interest public best dean in the business over the past past the over business the in dean best more than Ricky Revesz and no school school no and Revesz Ricky than more - edu legal improve to on how ideas ofthose.” one single every for We Revesz! Ricky was there member, in the world.” But Revesz “imbued “imbued Revesz world.” But the in As an example of the model Revesz Revesz model the of example an As laughter, with roared crowd the As Yet Revesz’s “true greatness,” greatness,” Yet “true Revesz’s But Kagan made it clear that that clear it made Kagan But Following Kagan, Katzmann Katzmann Kagan, Following - - - - Illustrations by Steven Noble “reckless.” But because Revesz “couples “couples Revesz because But “reckless.” believe to of me—wanted part big me—some of “And part some 2006 award for best article in its field. field. its in article best for award Association Bar American 2006 Welters said, “We owe you a debt of adebt you “Weowe said, Welters couldn’t live up to the dean’s expectations. But Revesz’s persis Revesz’s But dean’s expectations. the to up live couldn’t he that concerned was Bagley Again, dean. was he while dents - stu with collaborations Revesz’s of series in a first of the cle—one even more,” he said. “Our trips together together trips “Our more,” said. he even Joshua, son, (their Sarah daughter, harder “It’s alittle one,” said. Welters around people the get to way effective Bagley energy,” and time own of his I enjoyed being with Joshua and Sarah Sarah and Joshua with being I enjoyed turned Welters’s and took cue Revesz their ’83, and Been Vicki Professor your husband with us.” with husband your gratitude for sharing your father and and father your sharing for gratitude and chocolate-chopping sessions with with sessions chocolate-chopping and and family board games, my bike rides even possibly misplaced, was a student sions and chess games with Joshua— with games chess and sions wife, Revesz’s to Gesturing success.” but asubtle be to out “turns it said, . Bagley was wary, because he had not studied econom studied not had he because wary, was Bagley regulation. row to acknowledge his “indefatiga his acknowledge to row was unable to attend the celebration), celebration), the attend to unable was presen official the with tasked was than they think they are.” are.” they think they than that’s what makes life special.” life makes what that’s family. his to had that accolades and affection the portrait, his beside stage the took peo that sacrifices the recognize to family. his also but dean the just not thank to opportunity an took he first but portrait, ofRevesz’s tation of trustees, School’s board Law the investment ahuge with optimism that in faith and optimism Revesz’s thought Columbia Law the Review in ran State,” Regulatory the of Oversight “Centralized article, resulting the and out, won tence he appeared to be overwhelmed by by overwhelmed be to appeared he better be to anotch, up it step to him man “This thought, him of rest the said, Bagley Meanwhile, him.” his dream of studying in the United United the in ofstudying dream his ple must make to achieve that level of of level that achieve to make must ple every to visible are that plishments bered his childhood in Argentina and and Argentina in childhood his bered - He remem mother,” Revesz. ble Nora thank After onhim. showered been Sarah, my ongoing political discus political ongoing my Sarah, States and thanked his mother, who who mother, his thanked and States ished eight years on, said he initially heinitially said on, years eight ished mind!” ofhis out clearly is said. he fine,” be would it insisted “Ricky but school, high since ics ing each of the speakers individually, individually, speakers ofthe each ing “As much as I enjoyed this job, this “As I enjoyed as much accom onthe focus to “It’s easy Anthony Welters ’77, chairman of ’77, Welters chairman Anthony The following year, Revesz asked Bagley to co-author an arti an co-author to Bagley asked Revesz year, following The Then Revesz pointed to the front front the to pointed Revesz Then When the man of the hour finally finally hour ofthe man the When Bagley, who still sounded aston sounded still who Bagley, ------

and won a a won and “I went to an AnBryce event that Ricky was also attending. We Rickyattending. was also were that event AnBryce an to went “I “To Ididn’t honest be it; of come reallywould it was along think much “Ricky inherited a very strong clinical program, strong clinical he avery inherited “Ricky did everything he and ‘No, I left that job a month ago.’ amonth job that said, and Ileft ‘Well, paused he And ‘No, nobody showed his level of concern for me and interest in interest me.” and me for concern hisshowed of level chatting, catching up, said, he and catching chatting, ‘What are Isaid, you to?’ up ‘I’m at shot. I was just frustrated that we hadn’tshot. Iwasthat just frustrated more recruited vet- successfully agree with analysis, your I’m it.’ into looking Within anew had he aweek erans. Ricky responded withinerans. afew hours, Ricky responded writing, ‘Garen, Icompletely country now.country It’s kind a of 180 from things were what ago.” afew months ally struggle for the respect of their deans, but there is no question that that there is question no but deans, their of respect the for struggle ally me because I never thought I would tell the dean I switched jobs! But it jobs! But Iswitched dean the tell Iwould thought Inever because me confidence in and respect for us is exactly what a program a us what for is exactly like and thisin needs respect confidence way, its of out get to do! His complete could should which is adean what cation at NYU. at us.”cation trusted he line is that The bottom ... Law this fall. We’ve free starting veterans for in funding the highest the got told me about that.’ It was one of those little comments, but it stuck with that.’ itstuck but about me comments, told little those of was one It AG’sthe office.’said,He ‘Oh! You’reBryan’sat not anymore?’ said, I Ricky regards the clinical faculty as an essential component of the JD edu- JD the of component essential an as Ricky regards faculty clinical the funding programfunding approved that, NYU makes with match, agovernment to flourish.to clinician! a in it; he joined Cliniciansbecame Then nation- he General’s the office in Civil Rights Bureau. by Professor Bryan Stevenson. Then he moved to the New York New the to Stevenson. moved he Then by Bryan Attorney Professor revesz - - - in Iraq as aU.S. explosive disposal ordnance technician. Navy Concerned that he was one of only a few veterans enrolled at NYU at veterans enrolled was afew he of only one that Concerned Law last fall,Law e-mailed he Revesz funding. increased push to for Before law school, Marshall ’14 law Garen Before deployments two served editorial board, board, editorial York New Times the of ’05 amember is Wegman Jesse where he writes editorials on the Supreme Court and legal affairs. legal and Court Supreme the on editorials writes he where of deanship, which is not to succeed a legend.” alegend.” succeed not to is which of deanship, definitely not be here had it not been for her,” he said, and the and her,”for been it notsaid, had he here be not definitely audience laughed at the double entendre. double the at laughed audience rows from the stage, could be forgiven for feeling a bit daunted daunted abit feeling for forgiven be could stage, the from rows would “I it. realize to him helping York for New City, in lives now who had been appointed just days earlier and was sitting a few afew sitting was and earlier days just appointed been had who her closing remarks, “Trevor, you too have flunked the first test test first the flunked have too you “Trevor, remarks, closing her by the challenge he’d accepted. As Kagan admonished him in in him admonished Kagan As he’d accepted. challenge the by Equal Justice Initiative in Montgomery, Alabama, which is led Kern Scholar. graduation, the worked Forfor yearshe after four aRoot-Tilden- and Project,Reform Scholar AnBryce an was both Brandon BuskeyBrandon ACLU ’06, the at attorney Criminal staff Law Civil Rights, Racial Justice, York New and Civil clinics. Liberties Claudia is clinical Angelos director of and the of law professor By the end of the evening, incoming dean Trevor Morrison, Morrison, Trevor dean incoming evening, ofthe end the By ’ s

compassionate

deanship 19 nyu law 2013 full speed ahead By Michael Orey D

n early 2011 the legal profession, like much of the rest of the business world, was still shaking off lingering effects of the With ambitious changes economic crisis. Hiring was coming back, but only gradually, to the curriculum, I and among the leadership of the Law School there was con- cern that the forces affecting major legal employers were secu- lar, not just cyclical. So Law School board chair Anthony Welters NYU Law pushes legal ’77 formed a strategy committee to assess whether NYU Law was doing all it could to prepare graduates for the needs of an evolv- education forward ing legal marketplace. He named trustee Evan Chesler ’75, then D the presiding partner (now chair) of Cravath, Swaine & Moore, prepare students for global legal practice, including the intro- as the committee’s chair. duction of new study-abroad opportunities for students during “NYU has long been a leader in innovative legal education,” their third year. Under the supervision of Kevin Davis, vice dean notes Chesler. “However, there have been profound changes in for global affairs and Beller Family Professor of Business Law, the expectations of clients for what lawyers need to be prepared NYU has now established semester-long programs in Buenos to do.” Many clients, for example, now want even recent gradu- Aires, Paris, and Shanghai that will accommodate up to 25 JD ates to have collaborative problem-solving skills, to understand students each. The initial group of students is preparing to head business fundamentals, or to know how to deal with colleagues to those cities in January. or adversaries from different cultural or legal backgrounds. The “These aren’t the typical study-abroad programs that we and strategy committee was formed, Chesler said, because “there other law schools have offered for years,” notes Davis. “These are was the the distinct sense that it was time for our law school to designed and managed by NYU Law faculty and they will include lead the way on the complex issues concerning the imperatives not just classroom study, but also clinics, internships, travel study, of legal education in the 21st century.” and language training,” with some variation based on location. After fact finding over the course of 18 months, the commit- In Buenos Aires and Paris, the programs will be operated in tee—whose members include NYU Law trustees who are leaders at cooperation with local university partners. What’s more, Davis major law firms, general counsel at large publicly traded compa- emphasizes, these semester-abroad experiences for 3Ls are meant nies and asset management firms, and others with deep knowledge to serve as the capstone of an extensive set of curricular and co- of the legal marketplace—issued a series of recommendations for curricular options offered to JD students who are interested in curriculum enhancements. Following faculty approval of central global practice beginning in their first year. (See sidebar at right.) elements of the recommendations, then-dean Revesz and Chesler Closer to home, but still well off campus, is the Washington, announced the plans to students at a Milbank Tweed Forum on DC-based Legislative and Regulatory Policy Clinic that is being October 17. That morning, the New York Times ran a story about jointly taught by two of the foremost experts in Washington legal the new steps on the front page of its business section. practice: Robert Bauer, former White House Counsel to President “In recent years, a variety of forces, including globalization, Obama, and Sally Katzen, a member of the Obama-Biden transi- advances in technology, and the worldwide economic crisis, have tion team who held a number of senior positions in the Clinton significantly changed the way law is practiced in many organiza- Administration. Combining the practical and the scholarly, the tions,” Revesz said at the time of the announcement. “The steps clinic’s 16 3L students work four days a week in a federal agency we are announcing today assure that the education we offer is or government office, but also attend a weekly seminar, as well keeping pace with those changes.” as special sessions with senior government officials and guest A multi-front effort to implement the initiatives got under- lecturers. The clinic is an outgrowth of a strategy committee

WWW.LAW.NYU.EDU way as soon as they were announced. One recommendation of recommendation calling for “a program of intensive study and 20 the strategy committee was for the Law School to do more to practical training in the role of government,” noting that it would be relevant to many career paths. “What we’re offering with the statistical inference, core accounting practices, and time value clinic is the rare opportunity to study the machinery of govern- of money analysis—by incorporating an intensive mini-class on ment and the political process, while simultaneously working these subjects into a transaction-negotiation exercise. The mini- within it,” says Katzen. “These students are developing an on- class will be taught by Geoffrey Miller, Stuyvesant P. Comfort the-ground understanding of what it means to be a government Professor of Law and director of NYU Law’s Center for Finan- lawyer, combined with an instructional component that fosters cial Institutions, and Gerald Rosenfeld, distinguished scholar full insight and analysis.” in residence and senior lecturer, and co-director of the Mitchell Not all of the curricular changes are limited to the third year Jacobson Leadership Program in Law and Business. or require a journey. At Washington Square, the Law School is As the range and diversity of the Law School’s curriculum currently rolling out stepped-up training in leadership and expand, it can be a challenge for students to decide how best to financial and business literacy for students at all levels of the prepare for practice in a particular area of law. To address that, JD program. The strategy committee noted that “lawyers in our Vice Dean and Professor of Clinical Law Randy Hertz has worked speed society routinely become managers and with faculty to identify core courses leaders of organizations, yet law schools that provide an essential foundation for offer little training in leadership and col- practice in a number of fields students laboration.” In addition, the committee commonly enter, ranging from tax to observed,“a large proportion of lawyers … to public interest encounter business and financial issues, and government lawyering. This Pro- ahead yet law schools have long lagged in assur- fessional Pathways system offers advice ing that their graduates have a basic on a sequenced course of instruction, D grounding in these areas.” Providing including substantive-law classes, clin- instruction in these areas, the commit- ics, simulation courses, and seminars. tee said, will make NYU Law graduates In addition, Hertz notes, Pathways “more attractive to employers and more includes career guidance, utilizing fac- helpful to their clients.” ulty members, Office of Career Services The Law School, Vice Dean Jeannie counselors, and alumni to counsel stu- Forrest observes, has long offered ele- dents on employment options and how ments of leadership training through best to pursue them. programs such as the Dean’s Roundta- That combined approach was on ble and the Public Interest Law Center’s display in April, when faculty held their D Leaders in Public Interest Series. Last first Pathways advisory sessions. At a February also saw the debut of the Lead- session on criminal practice, for exam- Clockwise From Top Left Revesz, Chesler, Katzen, Davis ership Series in Law and Business, when ple, Professor Erin Murphy (who spent Herbert Kelleher ’56, the charismatic founder and chairman emer- five years as a public defender) explained differences in two evi- itus of Southwest Airlines, came to Vanderbilt Hall to talk about dence classes taught at the Law School, one with a more nuts- his career. But now, says Forrest, the Law School will emphasize and-bolts focus, the other more theoretical. She also discussed leadership “in a much more conscious and deliberate way.” how students might decide between being a prosecutor or a Forrest, who has a doctorate in psychology, is overseeing one public defender. major initiative: offering students evaluation and instruction in The Law School’s new dean, Trevor Morrison, has fully EQ, or emotional intelligence, since an ability to deal with people embraced the curricular initiatives. “The new measures squarely in a thoughtful and empathic manner is critical to good leader- address concerns that have been raised by employers about the ship. During their orientation in August, all entering JD students need for more practice-focused training, as well as questions were invited to take an online EQ assessment to help identify that have been raised about the utility of the third year of law skills they may want to develop. And certain classes through- school,” he says. “At the same time, throughout our curriculum, out the curriculum will incorporate EQ instruction, building on we continue to emphasize the problem solving, critical think- interpersonal skills training that has been part of the first-year ing, and analytical skills that have long been the hallmarks Lawyering Program for many years. of an outstanding legal education. It’s the combination of the This academic year, the Lawyering Program is also adding two that will enable NYU Law graduates to excel throughout instruction on business and financial concepts—including their careers.”

oFf- off-washington sQuare NYU Law in Asia NYU Law in Latin America NYU Law in Europe

Location Shanghai Location Buenos Aires Location Paris focus Chinese business law focus Latin American legal systems; focus European regulatory and administra- faculty director Frank Upham economic and institutional development tive law; international arbitration language study option Mandarin faculty director Florencia Marotta- faculty director Franco Ferrari

sample class International Business and Wurgler ’01 local partner Sciences Po and HEC Paris 013

Investment Transactions with China local partner University of Buenos Aires language study option French 2 School of Law sample class EU Regulatory Policy Clinic la language study option Spanish

sample class Transnational Insolvency in nyu w

Latin America 21 22 WWW.LAW.NYU.EDU

ILLUSTRATION BY MICHAEL BIERMAN There is virtually no center. The most conservative conservative most The center. no virtually is There (MODERATOR): Presidency, elected from different constituencies constituencies different from elected Presidency, the than liberal more considerably is now Democrat the rest of us. It is unlike anything that we have had had have we that anything unlike It is us. of rest the GUISHED SCHOLAR IN RESIDENCE, NYU SCHOOL OF LAW: OF SCHOOL NYU RESIDENCE, IN SCHOLAR GUISHED DISTIN 2012; AND 2008 AMERICA, FOR OBAMA FOR COUNSEL GENERAL particularly in a system of separated powers with with powers ofseparated asystem in particularly the been has today, so more even but years, 20 last the probably bad as is typically discussed in the media. media. the in discussed typically is as bad accelerating. been has and 1970s late the in begun in the face of these kinds of extreme divisions? divisions? ofextreme kinds ofthese face the in effectively function system American the Can system. mentary have to seems process This Republican. liberal most century. 19th late the since democracy American in as making American democracy dysfunctional, dysfunctional, democracy American making as distinguish this very powerful, very extreme sorting out of out sorting extreme very powerful, very this distinguish on different time cycles, which is dramatically unlike a parlia a unlike dramatically is which cycles, time different on a and a Senate, a House, balances, and checks within polarization political of extreme emergence government, at the very least, and maybe among among maybe and least, very the at government, ROBERT BAUER, RICHARD PILDES Many people view this extreme polarization polarization extreme this view people Many So the first question is whether this extreme polarization is as as is polarization extreme this whether is question first the So The defining feature of American democracy over over democracy American of feature defining The

PARTNER, ; FORMER WHITE HOUSE COUNSEL; COUNSEL; HOUSE WHITE FORMER COIE; PERKINS PARTNER, ,

SUDLER FAMILY PROFESSOR OF CONSTITUTIONAL LAW Well, let me let Well, Richard Pildes - -

NYU Law NYU spring, This M This discussion was edited and condensed. Watch or read the full full the Watch read or condensed. and edited was discussion This and experts from both sides of the aisle actually aproblem for our government? But is the widening gulf between parties discussion online at law.nyu.edu/news/magazine_roundtable_ to debate polarization, its causes and that split Democrats and Republicans. that hasn’t happened before, and it helps to look at the three areas areas three the at look to helps it and before, happened hasn’t that distinguished group of political advisers ble difference in the collegiality and how much they talk to each each to talk they much how and collegiality the in difference ble own Richard Pildes, surprisingly showed effects. The discussion, moderated by our representatives in Washington to change their relationships with with relationships their change to Washington in representatives those which in way the It is about. we’re talking that function dys singular the creates what not is Polarization debate. ized polar I call what from camps political opposing into ideologies cause, we need to deal with that. with deal to need we cause, the to comes it When orfamilies. orrestaurants golf about other each other over the course of the past 20 years. There is anota There years. 20 past ofthe course the over other each more than afew areas of agreement. FOR PRESIDENT, 2008 AND 2012: AND 2008 PRESIDENT, FOR BENJAMIN GINSBERG There really are differences between the parties now in a way ina now parties the between differences are really There These are just some of the issues arriage. Gun control. The deficit. The debate has become extreme. become has debate The But that’s obviously not true anymore. anymore. not true obviously that’s But to it, and therefore the political process suffered. suffered. process political the therefore and it, to parties is that there isn’t a dime’s worth of differ isn’t worth a dime’s there that is parties public beyond parties political ofthe polarization debate didn’t have a particularly gleaming edge edge gleaming aparticularly have didn’t debate choice, asharp with presented weren’t really ers vot the that thought It was them. between ence debates, and discourse? civility, negotiation. affect and discussed are differences gest problem we have with the American political political American the with have we problem gest BAUER: PILDES: ,

PARTNER, PATTON ROMNEY BOGGS; COUNSEL, GENERAL - big the saying people I remember ago Years Why aren’t you troubled about the actual actual the about troubled you aren’t Why Something has caused the elected elected the caused has Something magazine invited a invited a magazine 2013 - - - - -

23 NYU LAW 2013 24 WWW.LAW.NYU.EDU 40 or 50 years and just aren’t quite re-formed yet. yet. re-formed aren’t quite just and years or 50 40 The media is a very different place today in terms terms in today place different very is a media The That contributes, too. too. contributes, That - asun coalition Democratic the tore War Vietnam TIONAL LAW: LAW: TIONAL Now, interestingly enough, you’d be hard pressed to really find find really to you’d pressed enough, hard be Now, interestingly wasn’t designed with the idea of political parties at all? at parties ofpolitical idea the with designed wasn’t that ago years 200 from framework institutional an within work government without now is it as polarized as asystem have we worked have politics ofAmerican quirks the were happening. is this why for issues particular those within true It’s certainly realm. policy the in itself manifests that where Party, a much more unified Republican Party, much sharper dif sharper much Party, Republican unified more amuch Party, Repub Rockefeller the significant, as just but noticed Less House. first Party, Republican the into slowly Democrats years 40 last the Over It’s polarized. more much racy used to be said that Americans were ideologically ideologically were Americans that said be to used tem. The challenge is not so much polarization but paralysis. Can Can paralysis. but polarization so much is not challenge The tem. areas. ofthose both in more out sort to tend It different. so longer no are and out themselves was deviated we’ve which from norm the ofas think ofissues? kinds these by issues, social onthe true It’s certainly place. taking are that how that started breaking up the coalitions. The The coalitions. the up breaking started that how ple like them rather than in diverse communities. communities. diverse in than rather them like ple peo with more much live to come have people look more like a European-style ideologically divided party sys party divided ideologically aEuropean-style like more look us make trends big These Northeast. the in disappeared licans vanished Those roles. own their played each licans being either paralyzed or lurching from one extreme to the other? other? the to extreme one from orlurching paralyzed either being the what tell couldn’t you and responsible being on level ideological some at divided deeply been ferentiations between the parties—can those changes be made to to made be changes those parties—can the between ferentiations the for then Senate, the for then presidency, the for white ofsouthern move the with mid-1960s the in conservative where systems party multiple really that things Many history. American in unusual itself and Act Rights Voting the about You’veis. written Haven’t always we past? the in than today izing alook take to need we So matters. policy foreign onmost ident actions cliff fiscal dangerous ofthese all ofgovernment, size the in apart and hard to bridge the gap. gap. the bridge to hard and apart far pretty are that concepts two just are there where large, and or the size of the military or foreign interventions. What I find reas Ifind What interventions. foreign or military the of size the or were there that but them, between was difference people Now liberal. operationally and conservative ago. 10 years even was it than views of transmitting last the over up breaking been have der. Coalitions disagree strongly about things like the death penalty or abortion orabortion penalty death the like things about strongly disagree great differences between the current president and the past pres past the and president current the between differences great GINSBERG: suring is that public opinion surveys generally show a bell-shaped abell-shaped show generally surveys opinion public that is suring Democratic unified more much parties—a parliamentary style Repub liberal northern and Democrats southern it who with grips to come quite hasn’t and spurt FOR JUSTICE: JUSTICE: FOR SAMUEL ISSACHAROFF SAMUEL MICHAEL WALDMAN MICHAEL ’87 PILDES: PILDES: The military and our foreign policy muscle was the third area. area. third the was muscle policy foreign our and military The I have a book in my office, office, my in abook I have , which not only talks about political parties not not parties political about talks not only , which That is one of the big questions. If we are forming European- forming are we If questions. big the of is one That But why would certain issues be more polar more be issues certain would why But The country is going through a growth growth a through going is country The I don’t find the polarization disturbing. People should should People disturbing. polarization the I don’t find Well, the period of consensus that we we that ofconsensus period the Well, ,

BONNIE AND RICHARD REISS PROFESSOR OF CONSTITU OF PROFESSOR REISS RICHARD AND BONNIE ,

PRESIDENT, THE CENTER BRENNAN The Deadlock of Democ of Deadlock The - - - -

Sean Cairncross Robert Bauer Samuel Issacharoff ------

works with 25 million viewers and network anchors like Walter Walter like anchors network and viewers million 25 with works reinforces mediated are views social those which through work that you get one more than the other side and you get everything— get you and side other the than more one get you that post”— the past “first use we where system election The poles. the the choice of candidates from the smoke-filled back rooms of the the of rooms back smoke-filled the from candidates of choice the has become shockingly low. And not surprisingly the people who who people the not surprisingly low. And shockingly become has last 10 years. We no longer have the three major broadcast net broadcast major three the have We nolonger 10 years. last primary elections, even for very significant races like for Senate, Senate, for like races significant very for even elections, primary in turnout voter time over century, 19th late the in bosses party be contributing. And should we consider changing some of them? ofthem? some changing consider we should And contributing. be moderating on an issue that that is a very real force. I can tell you you tell I can force. real a very is that that issue on an moderating mitted party activists, the most ideological wings of the parties. parties. ofthe wings ideological most the activists, party mitted means that you’re going to end up with two basic parties. parties. basic two with up end to you’re going that means ization of office holders today. Although primary elections were were elections primary Although today. holders ofoffice ization negotiate. to ability your on constraint asignificant is aisle, ofthe sides onboth true is this and challenge, aprimary for about some institutional features of the election system that may may that system election of the features institutional some about potential the that committee senatorial the at cycles two after controversial issues. The difficulty is that the institutional frame institutional the that is difficulty The issues. controversial most the on even views public of broad terms in holds still center the where population American the among ofviews distribution celebrated as great democratic achievements, wresting control of of control wresting achievements, democratic great as celebrated show up for primary elections in both parties are the most com most the are parties both in elections primary for up show polar the to contributes that factor institutional biggest single PILDES: PILDES: PILDES: You all brought up primary elections, which is perhaps the the perhaps is which elections, primary up brought You all Let’s talk about the dramatic change in the media over the the over media the in change dramatic the about talk Let’s But what are the larger causes? I wanted to ask particularly particularly ask to Iwanted causes? larger the are what But Just a little bit of perspective that we shouldn’t stand stand shouldn’t we that ofperspective bit alittle Just AND GENERAL COUNSEL, NATIONAL COUNSEL, AND GENERAL SENATORIAL REPUBLICAN versial issues of our current time where both parties parties both where time current our of issues versial which many people use to confirm the beliefs they they beliefs the confirm to use people many which is which Internet, the and television cable have we Cronkite or Tom Brokaw, centrists moderating rep moderating orTom centrists Brokaw, Cronkite People’s affiliation towards parties may be less less be may parties towards People’s affiliation tend to be policy wonks, and that often leads to an an to leads often that and wonks, policy be to tend the House is moving toward an immigration pack immigration an toward moving is House the preferences. policy their despite even party their COMMITTEE: has changed. People travel home much more. There’s more. much home travel People changed. has forward. moving be to looks game the in skin have licans has hinted to me is that people will vote vote will people that is me to hinted has licans policy-based than tribal affective, more like a like more affective, tribal than policy-based between the principals who negotiate these issues issues these negotiate who principals the between is a relatively bell-shaped distribution of views on ofviews distribution bell-shaped arelatively is rest assured that if you are cutting a deal or you are are oryou adeal cutting are you if that assured rest more polarized today? And how much are politics politics are much how And today? polarized more Instead, politics. onin going ofwhat’s resentations immigration package. So one of the most contro most ofthe one So package. immigration assumption that people vote their policy prefer policy their vote people that assumption a 24-hour news cycle and the Internet, and you can can you and Internet, the and cycle news a 24-hour of the the What issues. of social a number actually reflecting that polarization? that reflecting actually actually opinion public is much How hold. already but information of political source greater a much age that is probably going to look like the Senate’s the like look to going probably is that age ences. Sam is absolutely right to say that there still still there that say to right absolutely is Sam ences. on the panic button. button. panic on the sports team or a religion. orareligion. team sports Repub Rockefeller the and Democrats southern NYU SCHOOL OF LAW: LAW: OF SCHOOL NYU SEANCAIRNCROSS ’01 MONICA YOUN But I agree with Ben that the relationships relationships the that Ben with Iagree But Today we woke up and found out that out that found and up Today woke we , BRENNAN CENTER CONSTITUTIONAL FELLOW, ,

FORMER EXECUTIVE DEPUTY DIRECTOR People who study law election study who People ------

This is a much longer conversation, but what parties have histori have parties what but conversation, longer is a much This very little turnout to begin with. with. begin to turnout little very vacuum that has produced more robust special interest groups. groups. interest special robust more produced has that vacuum activities—must vote the out get persuasion, voter way that they once did nor in fundamental grassroots organizing. organizing. grassroots fundamental nor in did once they that way state the So past. the in were they than today weaker Certainly it’s a plausible argument that the Republicans would would Republicans the that argument it’s aplausible Certainly It is much easier for a special interest group to raise money for a for money raise to group interest aspecial for easier much It is up in a democracy are going to determine what the governing governing the what determine to going are ademocracy in up tion zone” have been more adept at doing that. that. doing at adept more been have zone” tion tures—is not only done much less by the parties, but created a created but parties, the by less much done not only tures—is which messaging, and vote, to out come to voters mobilize to especially raise to ability their in uneven are ties registration, programs—voter party-building the money the raise state’s law. To and out go that even under legal money with governor for a candidate to about. brought have voters the that mobilization the that voter, the forget can’t you that Sean with agree I but room, back smoke-filled the to is there where of a primary course the change to have an impact on primaries. It doesn’t take much much It doesn’t take onprimaries. impact an have lican National Committees to make a contribution acontribution make to Committees National lican the of cause significant a are reforms finance paign diffuse. more much is level local onthe brand party nuts the And policy. about much very care who ple peo to campaigns in involved very were who people will people reaching of means new These polls. the to go to them motivate and voters particular contact and out reach to easier it makes technology that paign but who were not electable in the general election. election. general the in not electable were who but in our party, groups deeper in what you might call the “polariza the call might you what in deeper groups party, our in matically with the Internet, should we say it’s not healthy for it’s nothealthy say we should Internet, the with matically expendi independent days, these and, advertising basically is the in primaries in involved donot get now money, and federal that is result The illegal. now is candidate that for afel now is . So state under legal that’s money Demo and Republican the on both parties of state ing impact that McCain-Feingold has had. The weaken The had. has McCain-Feingold that impact all now be done with federal money. State par money. State federal done with be now all much are level state the at campaigns of bolts and contributing to political polarization at the state level? level? state the at polarization political to contributing candidate, provide volunteers, and do ads for them. And, at least least at And, them. for doads and volunteers, provide candidate, ony for the chairman of the Democratic orRepub Democratic ofthe chairman the for ony parties? political local and ofstate decimation from migrated large and by have decade last the over parties state at personnel The profound. is sides cratic better have to able ofbeing terms in primaries can Republi for results bad created have that efforts incumbents— long-serving sometimes emerged—defeating candidates extreme more which in ofcycles, couple last the over process election primary the not it for were today Senate the control cally done for candidates—raised money, mobilized volunteers volunteers money, mobilized candidates—raised for done cally general election candidates are one of those things of one those are candidates election general cam recent the in saw We room. smoke-filled the to back going GINSBERG: GINSBERG: GINSBERG: CAIRNCROSS: structure looks like, and I’m not sure that you change that by by that change you that I’m and sure not like, looks structure PILDES: PILDES: PILDES: PILDES: Overall on the state level, you can’t overlook the the overlook can’t you level, state on the Overall Are you also saying that the decimation of state parties is is parties ofstate decimation the that saying also you Are Unless you hope with Sean that turnout will change dra change will turnout that Sean with hope you Unless Explain how the McCain-Feingold cam McCain-Feingold the how Explain It’s too early for me to sign onto the return return the onto sign to me for It’s early too Not only on the state level but also on the national level. level. national the on also but level state the on Not only Campaign finance “reform” eliminated eliminated “reform” finance Campaign Let’s not lose sight of the voter. The people who show show who people The voter. ofthe sight not lose Let’s ------

Michael Waldman Monica Youn Benjamin Ginsberg - - - - -

voters are participating in. in. participating are voters I don’t actively dislike them. them. dislike I don’t actively Feingold, these things typically don’t work out the way the spon the way don’t the out work typically things these Feingold, I’ve grown older. I’ve grown filled room of the super PAC and more something that actual actual that something more super and the PAC of room filled torates, and let’s start thinking about whether there are other ways ways other are there whether about thinking let’s start and torates, that they craft, and the outcome that they’re looking for. looking they’re that outcome the and craft, they that feature design institutional the identified, they’ve problem the the to back going about feel do you how elections, in and tics to defend the smoke-filled back rooms. back smoke-filled the defend to participation model of the last few presidential cycles, which which cycles, presidential few last the of model participation frankly, some of the engineering that was intended by McCain- by intended was that engineering ofthe some frankly, rooms? back non-smoke-filled poli in participation popular increasing to committed very is degrading. from system primary the keep to leverages institutional and the new technology to make the primaries less the smoke- the less primaries the make to technology new the and choosing on behalf of the people, but I’ve grown accustomed as as accustomed I’ve grown but people, ofthe onbehalf choosing ahand raised you Sam, ofcandidates? choice the of organizing elec low-turnout such by chosen candidates have to democracy sors have in mind. There’s simply no linear relationship between between relationship linear no There’ssimply mind. in have sors money new the use to ways find and 2000, in McCain with started WALDMAN: ISSACHAROFF: ISSACHAROFF: PILDES: PILDES: BAUER: BAUER: PILDES: Whether it was direct democracy, the top-two system, or, system, top-two the democracy, direct was it Whether As you’ve grown more elite, ofcourse. elite, more you’ve grown As Michael, as the president of the Brennan Center, which which Center, Brennan ofthe president the as Michael, We ought to look instead at ways to build on the mass mass onthe build to ways at instead look to We ought Yeah, sitting at this table with the party elites and and elites party the with table this at sitting Yeah, Well, I used to be much more distrustful of elites of elites distrustful more much be to I used Well, 1972 the Democrats pushed very far in the direc the in far very pushed Democrats the 1972 2012, the national campaigns didn’t work through through work didn’t campaigns national the 2012, weakness of the state-level parties. And it’s not just it’s not just And parties. state-level ofthe weakness was obviously central in these, to rein that in alit in that rein to these, in central obviously was primary. orclosed open it’s an whether we don’t allow smoking there anymore—but it is a is it anymore—but there smoking don’twe allow Republican process. So it’s not a question of going ofgoing it’s So not aquestion process. Republican train. They don’t do all of the things that they used used they that things the of don’tall They do train. They don’t candidates. the don’tgroom They tified. iden Ben that functions the don’t perform they that tively in 2008 and 2012. The problem is you need a youneed is problem The 2012. and 2008 in tively how cycles election two last the in do. Weto learned tle bit to impose more institutional filters in the in filters institutional more impose to bit tle process, nomination ofthe control ofnoparty tion vot mobilized and out went They parties. state the ple out who might not have voted otherwise. This This otherwise. voted not have might who out ple paying the price right now for ceding too much much too ceding for now right price the paying back completely to smoke-filled rooms—because rooms—because smoke-filled to completely back back to the party leadership? party the to back draw to primaries open toward push to parties both mary stage you don’t have that. In 2004, 2008, and and 2008, 2004, In don’t you that. have stage mary in 2004 and the Democrats did much more effec more much did Democrats the and 2004 in effectively did Republicans the that something is and they paid the cost for it. The Republicans are are Republicans The it. for cost the paid they and an effective political organization can bring peo bring can organization political effective an a bigger swath of voters. You’re seeing different can You’re different ofvoters. seeing swath a bigger centralized organization with resources. At the pri the At resources. with organization centralized question of recognizing that there have to be other other be to have there that recognizing of question Ben and efforts, reform certain were There control. In ornot? it for better doing we are experiment, upon depending parties the within emerging didates of behalf on effort an There’s been themselves. ers ISSACHAROFF ISSACHAROFF: BAUER: PILDES: PILDES: We’re not actively hostile to you, either. either. you, to hostile We’re not actively Are you prepared to go that far and give it it give and far that go to prepared you Are : Ben’s point is absolutely critical on the the on critical absolutely Ben’s is : point Sure. We’ve done 100 years of this ofthis We’ve years 100 done Sure. ------

25 NYU LAW 2013 26 WWW.LAW.NYU.EDU The truth is that the world had changed to the disadvantage of state state of disadvantage the to changed had world the that is truth The yes, we want reasonable, moderate, bipartisan solutions, but when when but solutions, bipartisan moderate, reasonable, want we yes, were sent to the states to run the state parties and with national national with and parties state the run to states the to sent were - candi force we if therefore and advertising negative much too was McCain-Feingold was responsible for it. So, So, it. for responsible was McCain-Feingold YOUN: Republicans would never ever ever never would Republicans ficulties of all of the parties. It certainly created some difficulties difficulties some created certainly It parties. the of all of ficulties unless they had term limits, and and limits, term had they unless the politicians are responding to demand rather than otherwise. otherwise. than rather demand to responding are politicians the voters, individual ofthe level the to it take you if And we’re on. that the reflect does problem alot ofthe But factors. cultural softer the a that is Monica, like. the and discourse, ofdebate, nature the but parties not polarized is problem the that table onthe put Bob that issue the Congress. ofthe control gained they once limits term up gave they then how recognizing for is I’m plea issuing the parties state that say would critics and anymore, true wasn’t that of And process. political the in speech ofnegative quantum the parties for decades. Party money flowed from the states up to the the to up states the from flowed money Party decades. for parties comments the of couple a with disagree Isignificantly And parties. public support for something like voter ID. On the other hand, hand, other the On ID. voter like something for support public broad there’s one hand, the On matters. on these views deep larly want really we say, What will electorate the shove to comes push say, Oh, always will electorate The electorate. ofthe polarization aisle? ofthe side other the from people with together get to costly politically it makes itself polarization because they’re spending so much time raising money, or because money, or because raising time much so spending they’re because day. Not too the of panic the by enormous an with features these design we intentions, of best - opin public although lines, partisan oncompletely down break for the national parties by shutting off a main source of financial financial of source main a off shutting by parties national the for is for our party to trounce the other guys and to win this debate debate this win to and guys other the trounce to party our for is ion polls generally seem to suggest that three-quarters of voters of voters three-quarters that suggest to seem generally ion polls laws onthese votes the bodies, legislative within least at that, is rather than a cause of the polarization. There have always been been always have There polarization. ofthe acause than rather been have that laws and issues identification onvoter debates ized that was view the ago years many didn’t McCain-Feingold parties. state to sent were that resources 1970s the in practicing Ibegan time the By government. federal parties. state the weakened McCain-Feingold I don’tmade. think and election cycles were pumped up with national activists who who activists national with up pumped were cycles election and amount of optimism that frankly experience belies. experience frankly that ofoptimism amount a red/blue divide as now. The public has broad but not particu not but broad has now.public The as divide a red/blue course it didn’t. Period. That’s because very frequently, with the the with frequently, very because That’s Period. didn’t. it course challenges about who could vote, but there has not been as sharp sharp as not been has there but vote, could who about challenges oflaws. kinds these endorse there see we what And years. orthree two last the over emerging Congress the of control obtain moment aparticular at excited terribly We become issues. design institutional these with fail we often dif the accelerated have It may ofcircumstances. set that create reduce will it ad the approved they’ve that state to personally dates there was notion the and debate, polarized about conversation support, but it’s very difficult to say in my view that that view my in say to difficult it’s but very support, significant problem now? Do they no longer want to get together together get to want no longer they Do now? problem significant WALDMAN: PILDES: PILDES: PILDES: Take, for example, Stand by Your Ad. After all, we’re having a we’re having all, After Your Ad. by Stand example, for Take, Second, there was a discussion of campaign finance and state state and finance ofcampaign adiscussion was there Second, People who have spent more time in DC than I can talk about about talk Ican than DC in time more spent have who People Michael, you’ve written in particular about the very polar very the about particular in you’ve written Michael, Okay, let’s come back to back let’sOkay, come The voting wars of the past decade are a symptom symptom a are decade past the of wars voting The

package that probably is goingto like look the Senate’s immigration package. Justa little bit of perspective that we shouldn’t is moving toward an immigration and found out that the House stand on the panic button.” “Today we woke up —Cairncross - - -

1976, there was a very different quality to relationships across across relationships to quality different a very was there 1976, [Bauer and Ginsberg]. If we could find a way to take these issues issues these take to way a find could we If Ginsberg]. [Bauer and without disenfranchising people. people. disenfranchising without ofboth concerns the meets that asolution fact in is there where particular don’t the alot ofpeople have that out point you when Michael is describing? describing? is Michael their base or exert leadership then the system breaks down. The The down. breaks system the then leadership orexert base their there was more of a likelihood that you would see the previ the see would you that ofalikelihood more was there that people inside the system have had resisting it. it. resisting had have system the inside people that that actually meets the concerns of all parties. parties. ofall concerns the meets actually that the aisle. Sometimes the rhetoric was still very hard edged, but edged, hard very still was rhetoric the Sometimes aisle. the have an ID. But if you don’t have it, your photo gets taken at the the at taken gets photo your don’t you it, if have But ID. an have polls. That has the potential to calm concerns about security security about concerns calm to potential the has That polls. propos see to you’re ID, starting now voter of issue polarized as it, against voted public the proposed, being that’s ofID kind post-1994 election, when the Democratic leader of the House House of the leader Democratic the when post-1994 election, or voters of the a function not only is seen we’ve that polarization to up stand to willing aren’t parties ofboth leaders if but paper, people, and why it is different in Washington from the way it is it way the from in Washington different is it why and people, in Minnesota. The real challenge is how to advance something something advance to is how challenge real The Minnesota. in in their states. So despite the polarization that we’re talking about, about, we’re talking that polarization the despite So states. their in in so many state capitals. capitals. state many so in between relationships the in and temperamentally are ferences als around the country, as in Nevada, where the Democratic Democratic the where Nevada, in as country, the around als any number of states it’s not true. I’m not really sure what the dif the what sure I’m not really it’s not true. ofstates number any in phenomenon, anational as it about talking we’re really and or unified either in parties both from ofgovernors number any are there where level, state onthe is Washington in atmosphere especially at the national level? level? national the at especially reform onelectoral commission new president’s ofthe co-chairs each other. And that’s very different than the reported period, period, reported the than different very that’s And other. each with joking Senate the of floor the off walking combatants ous lot done awful an get to managed have who divided situation the for accounts view, your in What, of polarization. difficulty the but people, pulling system the in money the even out of the partisan crossfire, it’s far more likely to get a solution solution a get to likely more it’s far crossfire, partisan ofthe out city has changed. When I came to Washington, DC, full time in in time full DC, Washington, to Icame When changed. has city every voter and is less susceptible to fraud. And even on the very very onthe even And fraud. to susceptible less is and voter every GINSBERG: secretary of state has proposed a system where you have to have you where asystem proposed has state of secretary sides in the debate, as I would argue is the case here. here. case the is argue Iwould as debate, the in sides WALDMAN: PILDES: PILDES: PILDES: BAUER: BAUER: PILDES: There are some real solutions. We’re seated at the table with the the with table the at We’reseated solutions. real some are There There’s no question that the tenor of relationships in the in relationships of tenor the that There’squestion no What is that solution? that is What Can we take these issues out of the partisan crossfire, crossfire, partisan ofthe out issues these take we Can Ben, you’re the one who opened up the personal side side personal the up opened who one you’re the Ben, I’m honestly not sure. One of the contrasts with the the with contrasts ofthe One notsure. I’m honestly Well, you could have a system that registers just about about just registers that asystem have could you Well,

ous things where the rules are what they are on are they what are rules the where things ous WALDMAN: WALDMAN:

something, whether it’s a grand bargain bargain it’s agrand whether something, thing in the Congress. There are numer are There Congress. the in thing

between them, or, as in immigration, immigration, or, in as them, between

Sometimes, when both parties want want parties both when Sometimes, impossible supermajority to do any to supermajority impossible

where suddenly both parties for parties both suddenly where santly that you suddenly need an an need suddenly you that santly entirely different reasons want want reasons different entirely a sudden they’re used so inces so used they’re a sudden exactly the same thing. thing. same the exactly been for a long time, but all of all but time, a long for been ter rules are the same as they’ve they’ve as same the are rules ter ters of leadership. The filibus The of leadership. ters neglect some of the soft mat soft ofthe some neglect But it’s important not to not it’sBut important ------

“the age of scarcity.” We don’t have the resources to allocate allocate to resources We don’t the have scarcity.” of age “the Therefore you’re not splitting the difference when you compro you when difference the you’re splitting not Therefore view there is an impulse to adopt a very stern moral tone so that that so tone moral stern a very adopt to impulse an is there view we that issues national large the that view won’t identify which party), the the party), which won’t identify Michael’s distinction, it’s more of a symptom than a cause acause than it’s asymptom of more distinction, Michael’s upon two different things, which both are in short supply right right supply short in are both which things, different two upon that will be for the record even when there’s a Republican presi aRepublican there’s when even record the for be will that big is a filibuster the say to is which sit, you where on depends this being is it unreasonable, not being is negotiate to refusal the between was choice the and try, the be can’t that but Cronkite, Walter from War Vietnam the about Ilearned thing. aterrible was Cronkite Walter under tion large issues facing the coun the facing issues large recently a keynote At principle. and role, its of understanding an has that aSenate is there powers, problem if you support an administration that’s trying to move move to trying that’s administration an support you if problem anti- it’s but an strategy, anegotiating is debate polarized arguments which in way the with do to has That principled. political environment. environment. political judicial nominees through or whatever the case may be. It’s be. not may case the orwhatever through nominees judicial - radi so turn, always tables the But administration. it’s aprior if make judicial appointments regardless of what party they are, and and are, they party ofwhat regardless appointments judicial make particular this in afunction serves it and strategy, negotiating therefore, And participants. potential ofthe all among fairly of point To that defend you’re up, losing. you’re giving mise, the to put choice fundamental moral high in clothed inflexibility my gotten most has that debate ized era. this in onto hold to image right fewer be to seem there and brokers, deal the are and institution the in divides partisan the above rise who people now. is One institution than with one’s party. If you look at the separation of of separation the at look you If one’s party. with than institution approached with some level ofcaution. level some with approached are dealing with are essentially a zero-sum game. game. a zero-sum essentially are with dealing are are increasingly framed around issues that Tom Edsall calls calls Tom Edsall that issues around framed increasingly are were there that was audience anegotiating I call what is attention partisan immediate an of favor in institutions various the able the around organized apresidency way, and same the in a House togo to but a difference, there’s So directly. a half and a year for other each to speak not did House the of Speaker the and cal change to this system or reform for reform’s sake needs to be be to needs reform’s for sake orreform system this to change cal our courts, let alone the rest of the system, work. system, ofthe rest the alone let courts, our make to way a That’sreally not president. or a Democratic dent defend Walter Cronkite. Cronkite. Walter defend (I aconference at delivered informa of monopoly The available. more are of information there’s because out figure to hard is stuff causal The objective. divide. larger of the executive in opposition to the Congress and to the judiciary. That That judiciary. the to and Congress the to opposition in executive of those due to the decline of the center. center. ofthe decline the to due of those GINSBERG: CAIRNCROSS: surrendering. Increasingly there is a is there Increasingly surrendering. or Constitution the for up standing sources our that transparent, more is life that factors: many so seems to have broken down. There seems to be willingness to dis to willingness be to seems There down. broken have to seems WALDMAN: ISSACHAROFF: BAUER: The other is that there seems to be less identification with the the with identification less be to seems there that is other The But I want to go back to something Sam said. I want to strongly strongly to Iwant said. Sam something to back go to Iwant But One thing about the kind of polar of kind the about thing One Brave. I’ll say for the record that presidents should be able to to able be should presidents that record the for say I’ll It’s also important to remember where you stand on stand you where remember to important It’s also American government has traditionally depended depended traditionally has government American - back on this era as atime when our political climate change is different. We will look dysfunction—like taxes— and budgets of things affected by polarization and system was unable to grapple with a - “As Ilook at the whole panoply looming catastrophe.” looming —Waldman

- - - -

We will look back on this era as a time when our political sys political our when a time as era on this back look We will 20 years were positions of principle on both sides, where there’s there’s where sides, onboth ofprinciple positions were years 20 were highly partisan. Among the challenges to making the kind kind the making to challenges the Among partisan. highly were we expect from our political actors, it’s a keen sense of survival. ofsurvival. sense it’s akeen actors, political our from expect we shifted. debate the is, it whatever discussions, wars, nocompro be will there that concrete, in we’re locked say would YOUN: YOUN: unusual. In the 1800s that was not the way it was. Newspapers Newspapers was. it way not the was that 1800s the In unusual. tem was unable to grapple with a looming catastrophe, and one and catastrophe, alooming with grapple to unable was tem was that And facts. as regarded orless more were facts that their commitment to these issues and to NYU. This is the big the is This NYU. to and issues these to commitment their to tribute It’s areal oftown. out from in came who people the of It’s aresult other. each to closely listened and down sat ties it’s but marriage, of gay acceptance toward we’re moving that we ago years afew discussion this having were we if So were. they where from different really are goalposts the current, still though debate— gun the is three number and marriage, same-sex is two the whole country, that was more or less regarded as fair, and and fair, as regarded orless more was that country, whole the polarization and dysfunction right now, you know, budgets budgets now, know, you right dysfunction and polarization long-term and pain short-term involve that onthings lenging best people to talk about it. about talk to people best battlefield? ideological an just be ing prophecy. No one expects Congress to govern anymore. So So anymore. govern to Congress No expects one prophecy. ing per can people where space shared nomore is there is reason to spoke that ofjournalism asense was there when aperiod is moved the political actors. actors. political the moved par both which in time over discourse reasoned of a result not onething there’s if because together parties two the drove it electoral the Through principles. their have people because mise number immigration, is one Number change. asea been now actors to do something about it. it. about dosomething to actors a fundamental change in the electorate’s judgment that has has that judgment electorate’s the in change a fundamental reform, immigration toward we’re moving that it’sSo noshock to meant Congress Is courts? the and kinds, ofvarious action of Congress at this point are so low that it’s become aself-fulfill it’s become that low so are point this at Congress of different. is change climate But go. and come taxes go, and come be must there necessary, are inevitably that of compromises degree the third, what really shifted was public opinion, and and opinion, public was shifted really what third, the degree gain. As I look at the whole panoply of things affected by the by affected ofthings panoply whole the at Ilook As gain. gest issue, I think, in democracy, and these are some of the of the some are these and democracy, in Ithink, issue, gest GINSBERG: suade the media that something is a problem and force political political force and aproblem is something that media the suade chal is especially this so and onfacts, agreement basic some WALDMAN: WALDMAN: PILDES: PILDES: BAUER: the more interesting question to your average voter is: Did my my Did is: voter average your to question interesting more the One thing that’s happened is that the people’s expectations people’s expectations the that is happened that’s thing One That is true, but in two of three cases, and to some to and cases, three of two in but true, is That With that, I want to thank everybody and particularly particularly and everybody thank to I want that, With Let me call attention to three issues, which in the last last the in which issues, three to attention call me Let And Huntley-Brinkley. What we’re really talking about about talking we’re really What Huntley-Brinkley. And representative back down out of a negotiation? of out a negotiation? down back representative such as administrative agencies, executive executive agencies, administrative as such

You have and the NRA NRA the and Parenthood You Planned have

both with their ideological purity tests, tests, purity ideological their with both

on which ideally you want your can your want you ideally on which tutions because more and more and more because tutions didate to score 100 percent. You percent. 100 score to didate racy in our democratic insti democratic our in racy have political parties suggest parties political have a certain amount of democ amount a certain responsibility gets pushed onto onto pushed gets responsibility to wonder: Are we going to lose lose to going we Are wonder: to ing their own versions of the ofthe versions own their ing this spiral in which you start start you which in spiral this less accountable institutions institutions accountable less becomes it and test, purity ------

27 NYU LAW 2013 artner for life N There have been a handful of exceptions, such as the trajectory trajectory the as such exceptions, of handful a been have There and Private Property Private and & Neuberger, a small firm that advised big companies such as such companies big advised that firm asmall & Neuberger, presidents andsixLaw School deans. served asatrustedadviser to four NYU NYU ChairMartinLipton ’55 has For thelion’s years, shareof60 Weinfeld ’21 of the US District Court for the Southern District of of District Southern the for Court District US ’21 ofthe Weinfeld centers of learning, the stars move mostly in imperceptible ways. ways. imperceptible in mostly move stars the learning, of centers Lipton would spend the better part of the 1960s and 1970s teach 1970s and 1960s of the part better the spend would Lipton Lane’s old class notes to Lipton, along with the job, and said: “Don’t said: and job, the with along Lipton, to notes class old Lane’s Katz ’54 George alums NYU fellow with worked he There, Pepsi. of co-author Berle, Adolf under studied he where School, Law and Leonard Rosen ’54. Lipton, Rosen, and Katz had been refer been had Katz and Rosen, ’54. Lipton, Rosen Leonard and and an adjunct professor at NYU who taught securities regulation, regulation, securities taught who NYU at professor adjunct an and NYU’s ascent from a small commuter school for working-class working-class for school commuter asmall from ascent NYU’s Morris Seligson, at working was Lipton moment, New York. the At since graduation, Lipton had gone on to a fellowship at Columbia Columbia at afellowship onto gone had Lipton graduation, since students into a premier global university. university. global apremier into students son pill,” an important innovation in that’s used used that’s law corporate in innovation important an pill,” son ring litigation to a fourth NYU graduate, Herbert Wachtell ’54. Wachtell Herbert graduate, NYU afourth to litigation ring world of higher education tends to be. In the constellation of great ofgreat constellation the In be. to tends education of higher world chair as serving by NYU with association his continue would how.” knows who someone have I’ll week next By Marty. worry, ton’s lifelong association with NYU, where alumni and admin and alumni where NYU, with association ton’s lifelong Lip is however, known, well Less takeovers. against defend to SEC of the counsel general former Lane, Chester faculty; NYU the law, The CorporationModern on corporate book landmark the tury is particularly impressive when considering how static the the static how considering when impressive particularly is tury had passed away. Niles needed an interim professor. He offered He offered professor. interim an needed Niles away. passed had post he holds today, more than 60 years after arriving on campus oncampus arriving after years 60 than more today, holds he post ing securities regulation and corporate law part-time. Later, he Later, part-time. law corporate and regulation securities ing ment for a client. Niles mentioned that there was an opening on opening an was there that mentioned Niles aclient. for ment state registration SEC an preparing was he said Lipton on. ing istrators credit him with raising crucial funds and captaining captaining and funds crucial raising with him credit istrators “poi ofthe creation his for Lipton know might attorneys fellow and students school Law of Pennsylvania. University the from a board, University the of then and board School Law the of man At the reception, Dean Niles asked Lipton what he was work was he what Lipton asked Niles Dean reception, the At The rise of NYU and the School of Law over the past half-cen past the over Law of School the and NYU of rise The Next week came and went. Niles never found a replacement. areplacement. found never Niles went. and came week Next ot long after he graduated from New York University York New University from graduated he after ot long Dean Niles was Lipton’s former mentor, and he’d mentor, and Lipton’s former was Niles Dean been keeping tabs on his protégé. In the few years years few the In protégé. onhis tabs keeping been School of Law, Martin Lipton ’55 returned to campus campus to ’55 returned Lipton Martin ofLaw, School for a reception, where he ran into Dean Russell Niles. Niles. Russell Dean into ran he where areception, for

, and then to a clerkship with Judge Edward Edward Judge with aclerkship to then , and ------D 60 years,” says Richard Revesz, who ended 11 years as dean this this dean as years 11 ended who Revesz, Richard says years,” 60 Wachtell and Eric Roth ’77, serve on the Law School board. Part board. School Law onthe ’77, Roth serve Eric and Wachtell Cravath, Swaine & Moore, and Stern alumnus Kenneth Langone, Langone, Kenneth alumnus Stern and &Moore, Swaine Cravath, of Stanford in the second half of the 20th century, although that that although century, 20th ofthe half second the in of Stanford culture and value system. Wachtell, Lipton, Rosen & Katz would would &Katz Rosen Lipton, Wachtell, system. value and culture joined men, four the 1965, January In a litigator. as own out on his Justice. for Center Brennan ofNYU’s board the co-chairs Herbert partners, his of Two firm. Lipton’s at own than evident along, and Lipton, confident of the future, developed a vision for vision a developed future, the of confident Lipton, and along, come did business some But along. came nobusiness assuming US assistant an formerly Wachtell, firm. anew form to Katz and and profits, the lawyers would share and share alike. There would would There alike. share and share would lawyers the profits, and struck already York, had New of District Southern the for attorney more loyalty that is nowhere But Home Depot. ofthe a founder of chairman ’75, Chesler Evan like people by typified alumni, Lip boards, School Law and University the ofboth atrustee as smaller endowment than its peer schools. Over the past 40 years years 40 past the Over schools. peer its than endowment smaller May, “and I see it as connected to the emergence of Marty and his his and of Marty emergence the to connected as it May, “and Isee nal men, including two young associates, had gone to NYU Law. Law. NYU to gone had associates, young two including men, nal for onM&A course School aLaw taught ’88 has Katz David ner was fueled heavily by money from Hewlett-Packard. NYU has a has NYU Hewlett-Packard. from money by heavily fueled was firm as major players. Wachtell Lipton is very much an NYU story.” NYU an much very is Lipton Wachtell players. major as firm what kind of firm he wanted it to be. It was Lipton, say his con his say Lipton, was be. It to it wanted he of firm kind what temporaries, who was most responsible for establishing the firm’s firm’s the establishing for responsible most was who temporaries, ’72, Pedowitz Lawrence partner, another while years, 20 past the its as such assets, nonfinancial its leverage NYU helped has ton location in the heart of New York City, as well as the loyalty of its ofits loyalty the as well York as ofNew City, heart the in location pursue only the highest-caliber matters. When it came to work work to came it When matters. highest-caliber the only pursue by Jerome Kern ’60, hung out a shingle, though Kern would leave leave would Kern though ashingle, out ’60, hung Kern Jerome by money. It was enough for seven lawyers to get along for one year, year, one for along get to lawyers seven for enough money. It was origi the of All banker. investment an become to years afew in Rosen, Lipton, up,leaving broke firm the 1964, In range. million “The Law School has had an established trajectory over the past past the over trajectory established an had has School Law “The They started with $110,000 in capital, about $800,000 in today’s today’s in $800,000 about capital, in $110,000 with started They

on friendly acquisitions in the $5 million to $10 to $5 million the in acquisitions friendly on worked and proceedings, enforcement SEC in ents at the Seligson firm, Lipton handled new issues of of issues new handled Lipton firm, Seligson the at securities for smaller companies, represented cli represented companies, smaller for securities uring the late 1950s and early 1960s, in his day job job day his in 1960s, early and 1950s late the uring - - - - - 29 nyu law 2013 30 WWW .Law.NYU.EDU “What they’re interested in is whether whether is in interested they’re “What $22,500, making it one of the few firms firms few of the one it making $22,500, 1977. Neff says Lipton has kept in place place in kept has Lipton 1977.says Neff 82-year-old senior partner, the guy who who guy the partner, senior 82-year-old clients, Metromedia. The firm differed with Metromedia’s Metromedia’s with differed firm The Metromedia. clients, creates a real sense of firm, that we’re inwe’re that offirm, sense areal creates that well, institution, a lasting of having committee executive ofthe co-chair successful.” be to expect and aclient to much too cater can’t “You says. he sense,” make that on terms That’s someone’s ass. kissing there out comfort feel would leaders corporate many reason a and firm’sbrand of the the to led integrity that and says, Nussbaum of judgment, that worry, not me to He told laughed. just Marty doing?’ you are ‘What said, and Marty Iapproached So revenue. our Internal competition was frowned upon. No one spoke of clients ofclients No spoke one upon. frowned was competition Internal you’re dedicated to giving them the the them giving to you’re dedicated going to get that from Marty. If what he he what If Marty. from that get to going a compensation system that has Lip has that system a compensation in firm the joined Lipton, Wachtell at done deals their get to need they advice Lipton’s in business their putting able believe couldn’t “I Clinton. Bill to counsel House White as biggest ofits one and firm the between arose agreement Nussbaum, a longtime Wachtell Lipton partner who served served who partner Lipton Wachtell alongtime Nussbaum, says Jodi Schwartz LLM ’87, a tax partner. ’87, partner. LLM atax Schwartz Jodi says a lot of making for known is “Wachtell firm. of the success now a well-known M&A partner and and partner M&A awell-known now Neff, Daniel firms. Street Wall at rate earning were Lipton Wachtell at neys style.” not Marty’s relative to his value. “If,” says Neff, “the “the Neff, “If,” says value. his to relative firm, is going to be continually under continually be to going is firm, we’d do better next year than we had this year, and of course course of and year, this had we than year next we’d better do unethical, you don’t get him. Everyone’s Everyone’s don’t you him. get unethical, ton “dramatically undercompensated” undercompensated” “dramatically ton on orborders wrong, is want you thinks a Langone, Kenneth says want,” they Bernard recalls elsewhere,” business their take could they “He said account. the resigned simply Lipton Kluge, to tow had the most to do with creating the the creating dowith to most the had to used are CEOs “High-powered hands. how you should conduct yourself.” conduct should you how knit culture of trust was built into the structure of the firm. firm. ofthe structure the into built was oftrust culture knit paid in order to maximize the chance chance the maximize to order in paid going the than more lawyers paying dinner. at entertaining orare golf play Lipton’s. of “You’re not friend longtime be no eat-what-you-kill policy, with each lawyer out for himself. himself. for out lawyer each with policy, noeat-what-you-kill be in terms of “my client.” All clients were “firm clients.” This tight- This clients.” “firm were clients All client.” of“my terms in manipulating people to get the answers answers the get to people manipulating force.” driving the never was money money,” “but added, he freedom firm’s the sacrifice to refused Lipton true.” was it of percent 40 maybe for accounted that aclient was Here it. kow than Rather ofstrategy. onamatter Kluge, John founder, it together, and it becomes pretty clear clear pretty becomes it and together, it “We work harder than most firms,” firms,” most than harder “We work A couple of years into Wachtell Lipton’s existence, a dis Lipton’s existence, Wachtell into of years A couple That integrity quickly became part part became quickly integrity That Lipton says clients don’t care if you you if don’t care clients says Lipton By the mid-1970s, starting attor starting mid-1970s, the By - - - - 9 9 9 herbert Wachtell ’54 9 leonard rosen ’54 rosen leonard martin lipton ’55 lipton martin george Katz ’54 Katz george ( 1932-1989 - - “It’s different here. For one thing, you don’t have six dedicated asso dedicated you don’tsix have thing, For one here. “It’s different ciates to do all your work. We’re at the office doing it with them. them. with it doing We’re office the at work. your doall to ciates and to the city—these are parts of the profession. He’s someone profession. ofthe parts are city—these the to and Marty has infused this firm with the idea that law is above all a all above is law that idea the with firm this infused has Marty ranked it No. 1 in profits profits No. it 1 in ranked Lawyer American the 2012, In too. ness, who leads by example.” example.” by leads who the average among top 100 firms. 100 top among average the per partner, with a “PPP” of nearly $4.5 million, about three times times three about million, $4.5 nearly of a“PPP” with partner, per school your to back Giving abusiness. not necessarily profession, may be a firm of devoted professionals, but it’s a pretty good busi good it’s but pretty a professionals, devoted of a firm be may it tiny compared with other firms of its stature. Wachtell Lipton Lipton Wachtell stature. its of firms other with compared tiny it ) Today, Wachtell Lipton employs about 250 attorneys, making making attorneys, 250 about employs Lipton Today, Wachtell 9 9

9 orn in Jersey City, , in 1931, Martin Lipton Lipton Martin 1931, in Jersey, New City, Jersey in orn Lipton’s father wanted him to go to the Wharton Wharton the to go to him wanted Lipton’s father was the son of a factory manager and a housewife. ahousewife. and manager afactory of son the was uated from Penn with a degree in economics, entry- economics, in adegree with Penn from uated School and become a banker. But when Lipton grad Lipton when But abanker. become and School 9 600 students in total. Its reputation was was reputation Its total. in students 600 C.F. Mueller Company in 1947 on the Law Law 1947 the on in Company C.F. Mueller one of the original WLRK partners). partners). WLRK original ofthe one I’d what I thought or another. of onekind It provided full tuition plus room plus tuition full It provided Kern, Root-Tilden-Kern, Jerry after institution. national atop into School Law the transform to been had ambition His about only had School Law the then Back Root-Tilden Scholarship Program (now Program Root-Tilden Scholarship graduates from each of the country’s country’s ofthe each from graduates as a cog into Vanderbilt’s dream.” Vanderbilt’s into acog as an investment bank and say, ‘I want to to say, ‘I want and bank investment an and board to two exceptional college college exceptional two to board and says Lipton, “but I would in the future fit fit future the in Iwould “but Lipton, says of’52, Vander fall the in NYU at started visionary former dean, was the chief chief the was dean, former visionary OK on Idid alawyer. is be to like really jobs great these weren’t “There recalls. wanted more than physical expansion. expansion. physical than more wanted NYU chose Lipton families. working-class orsalesman rep aregistered being was they are today. “You didn’t just walk into into walk “You just today. didn’t are they the Law School. “I didn’t know it then,” then,” it know “Ididn’t School. Law the sustain would profits maker’s pasta the the purchased he that school’s future the Square, Washington of side south the Iwas.” there LSAT, and the that of a commuter school for kids from from kids for school of acommuter that had been open for one year. But Vander But year. one for open been had When Jersey. ofNew Lipton state home level Wall Street jobs were different than than different were jobs Street Wall level partly because Arthur T. Vanderbilt, its its T. Vanderbilt, Arthur because partly be an associate,’ as you donow,” you as Lipton associate,’ an be bilt, who had been dean from 1943 to 1948, 1948, to 1943 from dean been had who bilt, on building school’s main the Hall, bilt School’s behalf, with the intention that that intention the with School’s behalf, onensuring Vanderbilt was focused So choice. obvious not an was of Law School justice of the Supreme Court in Lipton’s in Court Supreme the of justice for aspiring bankers. All you could get get could you All bankers. aspiring for One key aspect of that dream was the the was dream One ofthat key aspect For an Ivy League graduate, NYU NYU graduate, League Ivy For an - - - - -

“The original idea was to bring in people who would have the high the have would who people in bring to was idea original “The Class of 1955 Root-Tilden Scholars and Snow Scholars; as an adjunct professor at a faculty author reception in 1976. in reception author afaculty at professor adjunct an as Scholars; Snow and of1955 Root-Tilden Scholars Class schola impeccable an 1954, when the inaugural Root-Tilden class graduated, it was was it graduated, Root-Tilden class inaugural the when 1954, Law Review Tilden Scholars. “I remember a tall, skinny guy who wrote a wrote who guy skinny atall, remember “I Scholars. Tilden Root-Tilden Scholars two hired Cravath firms. law Street Wall other people get along in life.” in along get people other uphold would who and country, ofthe laws the for respect est the So, education. legal bolstering also while School Law of the president for ran York New of and governor was 1841, of class democracy. He wanted to create leaders of the bar who would would who bar ofthe leaders create to He wanted democracy. Lipton began seeing his peers benefit from its rising status. In In status. rising its from benefit peers his seeing began Lipton year, he was taken into the Root-Tilden program and moved moved and Root-Tilden program the into taken was he year, going to break into the big time and be one of the major law law major ofthe one be and time big the into break to going ofthe some that troubled was he because 1940s the in gram give unselfishly to serve the public. He named the program for program the named He public. the serve to unselfishly give a week. To instill Vanderbilt’s values of public service, scholars scholars service, ofpublic values Vanderbilt’s To instill a week. alumni Elihu Root and Samuel Tilden. Root, class of1867, had class Root, Tilden. Samuel and Root Elihu alumni at NYU. Until then, NYU had been a little-noticed school. But school. alittle-noticed been had NYU then, Until NYU. at alumnus, on the occasion of the 50th anniversary of the birth of birth ofthe anniversary 50th ofthe occasion onthe alumnus, Hayes. B. Rutherford against Nobel Prize for his contributions to . Tilden, law. Tilden, international to contributions his for Prize Nobel schools. You’d read things about how competitive law schools schools law competitive how about You’dschools. things read to had also They sciences. natural and history, sciences, social humanities, the in courses special take to required were scholars the won he In 1912 Roosevelt. Theodore under ofstate secretary were. That was not NYU. Everybody was working toward acom toward working was Everybody NYU. not was That were. oflaw.” practice mechanical the beyond interests with together, forming a community of scholars who were infused infused were who ofscholars acommunity forming together, Brome ’67, Thomas Root a said manner,” ethical most the in them Hall. Hayden to Law the at year first his During circuits. judicial federal then-10 the first time in years that NYU students were hired by major major by hired were students NYU that years in time first the the program in 2002. “These men would live together and dine dine and together live would men “These 2002. in program the live together and to have lunch and dinner as a group five days days five a group as dinner and lunch have to and together live bers. “It was some combination of everyone thinking, We’re thinking, of everyone combination some “It was bers. and McKinley William President under of war secretary been with concerned more become had lawyers and students best School, Lipton lived at home and commuted. In his second second his In commuted. and home at lived Lipton School, met regularly with leaders in government, industry, and finance. finance. and industry, government, in leaders with regularly met American in participating with were they than money making meeting Lipton. Lipton, likewise, remembers: “My lifelong lifelong “My remembers: likewise, Lipton, Lipton. meeting helping and education aprofessional ofproviding goal mon he remem deal,” a big was “That of Lipton. ahead class the in The program at inception was designed to build the reputation reputation the build to designed was inception at program The Vanderbilt conceived of the Root-Tilden Scholarship Pro Root-Tilden Scholarship of the conceived Vanderbilt These were heady, inspirational times to be a law student student alaw be to times heady,inspirational were These Herb Wachtell was a member of that first class of Root- of class first that of amember was Wachtell Herb piece that I proceeded to edit,” says Wachtell, of Wachtell, says edit,” to I proceeded that piece r Lipton sitting Lipton

at the editor-in-chief’s desk at the Law Review the at desk editor-in-chief’s the at - - - - “Marty was already an extraordinarily successful lawyer around around lawyer successful extraordinarily an already was “Marty L Association in 1972. As trustee, Lipton was reunited with his old his with reunited was Lipton trustee, As 1972. in Association $5 billion insurance company. Berkley got his undergraduate undergraduate his got Berkley company. insurance $5 billion constant stream ofcriticism.” stream constant century. And without that piece of paper from that little com little that from paper of piece that without And century. Chesler. says rise,” meteoric a having been had firm “His dent. - stu law athird-year as Lipton’s class taking He recalls of both. - gradu Cravath, of chairman the Chesler, Evan today. different degree from NYU in 1966 and is now a vice chair of the Univer ofthe chair avice now is and 1966 in NYU from degree Heights campus in the Bronx for $62 million, but by then the the then by but million, $62 for Bronx the in campus Heights and million $7 almost of adeficit running was NYU 1971, In matters. alumni and onstrategy McKay Robert Dean with closely consulting began and School’s board) Law ated from NYU and its law school and now sits on the boards boards onthe sits now and school law its and NYU from ated NYU budget deficit was around $10 million a year. ayear. $10 million around was deficit budget NYU separate entity from NYU when it purchased the pasta company. company. pasta the purchased it when NYU from entity separate a been not had School Law The one snag: was there But sake. along school engineering the up given “We had board. sity’s rities law from him.” him.” from law rities rewrote it, pounding away on an old manual typewriter amidst a amidst typewriter manual old onan away pounding it, rewrote roles of Law School trustee and president of the Law Alumni Alumni Law ofthe president and trustee School ofLaw roles with lots of other things, shrinking in order to survive.” to order in shrinking things, ofother lots with the first note that I wrote for the Lawthe Review for wrote I that note first the times,” says William Berkley, founder of W.R. Berkley Corp., the the Corp., of W.R. Berkley founder Berkley, William says times,” He’s alife. him gave school the Ido. He believes way same the secu learn to deal a big was it that thinking I remember town. hemorrhaging money. Two years later, NYU sold its University University its sold NYU later, money. Two years hemorrhaging pany. Vanderbilt had intended its profits to support the Law the support to profits its intended had Vanderbilt pany. boss Judge Weinfeld (who would soon become chairman of the ofthe chairman become soon (who would Weinfeld Judge boss a half for America in lawyers corporate leading ofthe one been School, and Lipton believed it was time to sell it for the school’s the for it sell to time was it believed Lipton and School, friendship with Wachtell got off to a rocky start when he took he when start rocky to a off got Wachtell with friendship might not have been.” been.” not have might it weight, its above hitting always was which school, law muter “When Marty first got involved, the University was facing hard hard facing was the University involved, got first Marty “When These were dire years for the University—and for the city. city. the for University—and the for years dire were These One more lucrative asset remained—the C.F. Mueller Com C.F. Mueller remained—the asset lucrative more One Chesler adds: “My own view is that Marty feels about NYU NYU about feels Marty that is view own “My adds: Chesler In addition to being an adjunct professor, Lipton added the the added Lipton professor, adjunct an being to addition In Lipton to come back and teach, it’s possible that that it’s possible teach, and back come to Lipton NYU, without Lipton’s leadership, would look very very look would Lipton’s leadership, without NYU, lyst for his future involvement with NYU at increas at NYU with involvement future his for lyst ingly higher levels. Had Dean Niles not targeted not targeted Niles Dean Had levels. higher ingly ipton says his early years of teaching were acata were ofteaching years early his ipton says ; third from right in the back row, with the the row, with back the in right from ; third and completely completely and ------

31 nyu law 2013 32 WWW .Law.NYU.EDU I speaking to alumni fundraisers at the Half Way There Dinner in 2011; giving an address to JD graduates at convocation in 2011. in convocation at graduates JD to address an giving 2011; in Dinner Way There Half the at fundraisers alumni to speaking indefatigable—alumnu dedicated—and a Tisch’s being elected chair of the board. ofthe chair elected Tisch’s being on every lawyer in its ranks to work with investment banker Felix Felix banker investment with work to ranks its in lawyer on every debt, ending the fiscal crisis. Lipton’s reputation grew. Lipton’s reputation crisis. fiscal the ending debt, deepened meanwhile, Lipton, board. University’s the to election for trustees four nominate to able be would it that and overhead Univer the and School Law the between agreement ensuing Rohatyn and obtain federal financing to restructure New York City’s City’s New York restructure to financing federal obtain and Rohatyn drew firm the of 1975, weeks six final For the adviser. an as Lipton a new University president, John Sawhill, took over in 1975 and 1975 and in over took Sawhill, John president, University a new aged and merged, it’s necessary to know a little about the way the the way the about alittle know to it’s necessary merged, and aged to thought and it describe him to listened “I &Ellis. Kirkland at University ofthe amember then Tisch, Laurence appointed ship of the macaroni giant. He was stonewalled, however, until until however, stonewalled, He was giant. macaroni ofthe ship sity—known to this day as the Treaty—provided that the Law Law the that Treaty—provided the as day this to sity—known Law.”of School its of benefit exclusive the “for ownership with sity, world of mergers and acquisitions morphed during the second second the during morphed acquisitions and ofmergers world University trustees in 1976. In 1978, Lipton was instrumental in in instrumental was Lipton 1978, 1976.In in trustees University trustees. Lipton and Tisch sold Mueller to Foremost-McKesson Foremost-McKesson to Mueller sold Tisch and Lipton trustees. tors hired Lipton to defend against the takeover. “Marty told us that that us told “Marty takeover. the against defend to Lipton hired tors Wachtell retained Goldin, Harrison comptroller, its mid-1970s, the of crisis fiscal city’s the During itself. York New help: for City ton owner direct obtain to Hester, James president, University the half of the 20th century. When Lipton began practicing corporate corporate practicing began Lipton When century. 20th of the half man be should companies how about does he beliefs the holds a‘poison as known become would what deploy to going was he ofthose one becoming by mater alma his with involvement his law, M&A had been limited mostly to so-called strategic deals: deals: strategic so-called to mostly limited been had law, M&A apartner now Fraidin, bid,” recalls takeover our with deal to pill’ board, to negotiate the sale of Mueller on behalf of the board of board ofthe onbehalf ofMueller sale the negotiate to board, School would not be disproportionately taxed for University University for taxed disproportionately not be would School ($47.5 An million). University the and ($67.5School million) Univer ofthe name the in taken been had Mueller to title the So myself, There’s absolutely no way a court is going to uphold this.” uphold to going is court a way no There’sabsolutely myself, Law the between divided were proceeds The million. $115 for Around the same time, another major institution called onLip called institution major another time, same the Around To understand the evolution of Lipton’s career, and why he why and ofLipton’s career, evolution the To understand On the Law School’s behalf, Lipton tried to negotiate with with negotiate to tried Lipton School’s behalf, Law the On El Paso, a natural gas producer. El Paso’s board of direc of Paso’s board El producer. gas anatural Paso, El Burlington represented Fraidin and Fleischer Frank. and Stephen Fraidin, partners at rival law firm Fried Fried firm law rival at partners Fraidin, Stephen and Northern, the railroad conglomerate, in its bid to acquire acquire to bid its in conglomerate, railroad the Northern, n 1982, Lipton was in conversation with Arthur Fleischer Fleischer Arthur with conversation in was Lipton n 1982,

s

With Kenneth Feinberg ’70 and John Sexton at a pre-commencement dinner in 2010; 2010; in dinner a pre-commencement at Sexton ’70 John and Feinberg Kenneth With ------Allen, Nusbaum Professor of Law and Business, who in the 1980s 1980s the in who Business, and of Law Professor Nusbaum Allen, 90 percent of the shareholder vote. In the 1970s, a new approach to to approach a new 1970s, the In vote. shareholder the of percent 90 T. Boone Pickens and Carl Icahn, worked outside the establish the outside worked Icahn, Carl and T. Pickens Boone CNA insurance company. But the following year, Lipton established established Lipton year, following the But company. insurance CNA court for business law. At the same time, says Allen, evolution evolution Allen, says time, same the law. At business for court IOU. an debt, holding up wind just or might price, alower get will end” “front onthe shares don’t their tender of percent 51 for offer an makes bidder hostile the which in offer, tender front-end-loaded the was technique dominant The ers. the excluded they because “hostile” were deals These companies. der-Offer Game.” The piece was written by Steven Brill, who would would who Brill, Steven by written was piece The Game.” der-Offer documented was deal Garlock The Garlock. ofgasket-maker over the of acquisition hostile its in Loews representing role, offensive capital its money, fix borrowed with company the buy could If it made good business sense for one company to buy another, another, buy to company one for sense business good made it If and 1990s sat on Delaware’s Court of Chancery, a leading trial trial aleading Chancery, of Court Delaware’s on sat 1990s and and Court TV. Comparing the two attorneys, Brill described Lipton Lipton described Brill attorneys, two the TV. Comparing Court and take million $151 Industries’ Colt deal, onahigh-profile Flom against shareholders had to get in on the front end,” explained William William end,” explained front onthe in get to had shareholders sive lawyer Joseph Flom of Skadden, Arps, Slate, Meagher & Flom. Meagher Slate, Arps, ofSkadden, Flom Joseph lawyer sive offen legendary the with tussled frequently Lipton tactics. sive profit. for a it flip and structure, they if made be to return financial onthe but relevance strategic new entrepreneurs looked to buy companies based not on their not ontheir based companies buy to looked entrepreneurs new financial buyers moved in. Political power amassed on the side of of side the on amassed power Political in. moved buyers financial within 10 days, then it will force a merger. Those shareholders who who shareholders Those amerger. force will it then 10 days, within hos using were Corporations vogue: into came firms, white-shoe wanting to slow these hostile tender offers. In this new environment, environment, new this In offers. tender hostile these slow to wanting unions, who often saw jobs slashed and factories closed when when closed factories and slashed jobs saw often who unions, then the prospective buyer would approach the board and seek seek and board the approach would buyer prospective the then to entrepreneurs. The new breed of company buyers, typified by typified buyers, company of breed new The entrepreneurs. to percent 51 acquires bidder the if that a statement with shares, the public other of control win to battles proxy and bids takeover tile York’s New by older déclassé considered acompany, over taking his reputation as a defender of corporate boards when squaring off squaring when boards ofcorporate adefender as reputation his American Lawyer Lawyer American included that empire alegal-media create later defen or offensive either offering foreground, the to came lawyers board of the target company and coerced the target’s sharehold target’s the coerced and company target ofthe board New York New a1976 in detail in ment of big investment banks. Known as financial buyers, these these buyers, financial as Known banks. investment ofbig ment available ofcapital pools large made had markets money the in management, who were losing control of their firms, and labor labor and firms, their of control losing were who management, “In a sense, this made the transaction involuntary, because because involuntary, transaction the made this asense, “In These corporate raiders upset two powerful groups: corporate corporate groups: powerful two upset raiders corporate These Eight years Flom’s junior, Lipton had won attention in 1974 for an 1974 in an for attention won had Flom’s Lipton junior, years Eight article, “Two Tough Lawyers in the Ten the in “Two Tough Lawyers article, ------W Weinfeld as chairman of the Law School board after Weinfeld Weinfeld after board School Law the of chairman as Weinfeld but company, the Mueller off sell hehelped after Two decades - man to power return to sought Lipton deals, chairmanship of the Medical Center and working to resolve resolve to working and Center Medical ofthe chairmanship he caved, merger hospital the new. When nothing was it ence, the First, problematic. became soon it but school, medical of the the University of chair as retired Tisch Larry when Then, died. illegal it deem would court a figured Fraidin Paso, ern’s El for bid other the point, that At shares. the of cent is pill The 1982. and 1980 between developed Lipton faced the possibility of an embarrassing failure. embarrassing ofan possibility the faced Lipton future the for critical was NYU, of leader as test major Lipton’s first growth of managed healthcare. ofmanaged growth approached his friend Kenneth Langone about taking on the onthe taking about Langone Kenneth friend his approached ascended further had he time, this By school. medical the and hospitals four encompasses which Center, Medical NYU the and boards by used be would and shareholders among a transaction because pill apoison It’s called acquisition. directly negotiate to bidders forcing and process takeover the slowing by agement in tailored, better slightly and “huskier as sealing Lipton’s reputation as a brilliant corporate M&A strategist. M&A corporate a brilliant as Lipton’s reputation sealing dilutes turn in This adiscount. at shares more up buy to right the have shareholders versity, Lipton turned his attention to the problems of the NYU NYU ofthe problems the to attention his turned Lipton versity, went through, but then the entities had to be de-merged, in 2001, 2001, in de-merged, be to had entities the then but through, went whelming. For Lipton, drawing on four decades of M&A experi ofM&A decades on four drawing For Lipton, whelming. apart. fell Sinai by Mount promised been had that financing when was invention signature His board. the with glasses.” bottle-thick wearing the merger, and the plan was abandoned. Eventually the merger merger the Eventually abandoned. was plan the and merger, the the at said Tisch chair,” as I’m continue to old too Ithink that Judge succeed to elected was Lipton 1988, In ranks. NYU the Uni the and School Law the of security financial the tressing Delaware the 1985, in But management. in themselves entrench to of cost the raises and bidder’s interest the potential ashareholder—a when triggered he which pill, poison aforementioned the his habitual white shirt and black suit, and and suit, black and shirt white habitual his prowess to work at so many decisive junctures for the university. university. the for junctures decisive many so at work to prowess board in 1998, he recommended Lipton as his successor. “It’s not successor. his as Lipton recommended he 1998, in board in interfered it that argued also Critics self-tender. the from bidder the exclude aboard that required all, after pill, poison the because per 20 company—acquires the for bidder School of Medicine and Tisch Hospital, caused, he says, by the the by says, he caused, Hospital, Tisch and ofMedicine School defense, takeover a valid as pill poison the upheld Court Supreme it makes the company temporarily “sick,” unattractive to the bidder. the to “sick,” unattractive temporarily company the makes it its problems. “We were facing considerable difficulty,” Lipton Lipton difficulty,” considerable facing “Wewere problems. its opposed organizations of both schools medical of the faculties merger, hospital 2003.)proposed The in away passed me.” (Tisch succeed to old too getting is Marty I’m “it’s afraid that meeting, As a defender of companies in hostile hostile in ofcompanies adefender As When Lipton explained his idea during Burlington North Burlington during idea his explained Lipton When For another NYU chair, the situation might have been over been have might situation the chair, NYU For another Hospital Sinai ofMount amerger attempted 1997,In Lipton also that he has managed to put his dealmaking dealmaking his put to managed has he that also unusual for successful alumni to become bene become to alumni successful for unusual hat’s unique about Lipton’s stewardship of NYU ofNYU Lipton’s about stewardship hat’s unique factors and trustees of their alma maters—but maters—but alma oftheir trustees and factors not involvement—it’s ofhis depth the not just is - “ leading corporatelawyers in America for halfacentury. life. He’s beenoneofthe The school gave Martya commuter law school, it of paper from that little of paperfromthatlittle And without that piece And withoutthatpiece might nothave been. Evan Chesler ------

“extraordinary friendship” that has spanned nearly 30 years. “It’s years. 30 nearly spanned has that friendship” “extraordinary author ofauthor Observer Dan Slater, a former litigator, is a freelance journalist and and journalist afreelance is litigator, aformer Slater, Dan William Berkley, the insurance mogul who sits on the NYU board board NYU onthe sits who mogul insurance the Berkley, William of the most famous corporate lawyers in America looks away and and away looks America in lawyers corporate famous most the of an without hour an than more for gone NYU with associated one the and his for appreciation expresses also Sexton caring.” and care suggests school, his and firm his between split of Lipton’s career, “You don’t time. his spend to chooses he orhow life, his with doing which School, Law the at experiences ofhis because committed He’s so that. debate No can one NYU. to commitment emotional either in a personal or professional way, who hasn’t felt enhanced enhanced felt hasn’t way, who orprofessional apersonal in either Lipton asked me to. If the tables were turned, he would have done done have would he turned, were tables the If to. me asked Lipton million. $100 for acheck Lipton handed Langone First, he’s balanced. He says, ‘What does the other side need and and need side other the does ‘What He says, he’s balanced. First, Does to Meeting and Mating. and Does to Meeting answer. When he’s asked to do something, it’s immediately.” done dosomething, to he’s asked When answer. and invaluable non-billable hours. But asked about his legacy, one one legacy, his about asked But hours. non-billable invaluable and to. admit never would probably he that soulfulness a deep life.” ofhis part integral absolutely NYU parallels Lipton’s—Sexton became dean of the Law School School Law ofthe dean became Lipton’s—Sexton parallels NYU shrugs, a little embarrassed. “There’s nothing else more impor more else “There’s nothing embarrassed. a little shrugs, an share who brothers” other each “consider men two the says board— School Law of the chairman became Lipton after shortly course epic the But angst. existential much isn’t to long prone so with both men, explains: “You trust Marty for a couple reasons. reasons. acouple for Marty “You trust explains: men, both with were clearly just really extraordinary for him. Marty thinks of thinks Marty him. for extraordinary really just clearly were He’s not about forward?’ move dowe how and need, dowe what University’s partnership with Marty. “He’s one of the busiest people people “He’s busiest ofthe one Marty. with partnership University’s the same for me.” for same the the welfare and the benefit of those who come after us.” after come who those of benefit the and welfare the to contributing by achieves one what “than says, he life,” in tant haps, that someone who has worked so hard at the same tasks for for tasks same the at hard so worked has who someone that haps, York New the told he psyche,” ofmy depths the to plumb to have pie in the sky. He’s about reality. Second, he’s got this strong strong he’s this got Second, He’s reality. sky. about the in pie by his presence. He is an extraordinary embodiment of the ideal of of ideal of the embodiment extraordinary an He is presence. his by in the world,” says Sexton, “and yet never has a call from me or any or me from acall has never “and yet Sexton, world,” says the in life, Marty’s entered has who person isn’t a single there say to fair it’s an He believes to. he’s indebted something family, his as it “Why did I do that?” Langone asks. “Simple: Because Marty Marty Because “Simple: asks. Langone Idothat?” did “Why Of course, this sounds too simple in the retelling, but as as but retelling, the in simple too sounds this course, Of Over the decades, that commitment amounted to incalculable incalculable to amounted commitment that decades, the Over In the past, Lipton has said that he never questions what he’s what questions never he that said has Lipton past, the In University President John Sexton, whose ascendant career at at career ascendant whose Sexton, John President University in 2005. “There’s nothing there.” It’s not surprising, per there.” It’ssurprising, not “There’s nothing 2005. in Love in the Time of Algorithms: What Technology Technology What ofAlgorithms: Time the in Love ” cal Center and meet some of the people?” ofthe some meet and Center cal of enthusiasm kind the put to Ken get could could turn to to be effective. I thought, If I If thought, I effective. be to to turn could - Medi the to down come least at you Will ate. saying to Langone at the time. “I’m desper time. the at Langone to saying visit at his office. “He said to me,” to said remem “He office. his at visit a situation in you’re “When remembers. wasn’t interested. time into something I can’t invest in.’” invest Ican’t something into time put Inever Marty, know, you And this. another him paid Lipton then twice—and he does, it’d be perfect.” Langone said he he said Langone it’d perfect.” does, he be like that, you try to think who it is that you you that is it who think to try you that, like bers Lipton, “‘I decided I’m going to do to I’m going “‘I decided Lipton, bers into this that he puts into everything else else everything into puts he that this into “Ken, let me level with you,” Lipton recalls recalls you,” Lipton with level me let “Ken, Langone visited the Medical Center— Medical the visited Langone - - - - -

33 nyu law 2013 34 WWW.LAW.NYU.EDU O corporations, and the US government. top law firms and law schools, multinational for launching law tax careers in the nation’s years later it remains the powerhouse platform graduate program tax in 1945. Nearly 70 Arthur Vanderbilt envisioned aformidable A TaxHaven by AM - ofacon feel the had nonetheless colloquium the Hall, Vanderbilt on revenue”—meaning those tax provisions already in place that that place in already provisions tax those on revenue”—meaning wrong. was wisdom common the that budget—thought federal onthe experts top country’s battles political important most and biggest ofthe one was cuts, spending and increases tax over tussles with discussion, deficit audience. ofthe rest the up made academics and credit) of how bad things were. The actual long-term gap could be below below be could gap long-term actual The were. things bad of how Law and former director of the White House Office of Management Management of Office House White of the director former and Law Path to Closing America’s Long-Run Deficit,” that Kamin wrote wrote Kamin that Deficit,” Long-Run America’s Closing to Path years. The impact: Stabilizing the country’s debt-to-GDP ratio ratio debt-to-GDP country’s the Stabilizing impact: The years. as a crisis. “[D]enying the possible progress distorts the policy the distorts progress possible the “[D]enying acrisis. as game a“long called he what for account orto agreed Democrats and at economist aprominent Gale, (OMB), Budget William and and revenue increases per year, starting immediately and growing with with growing and immediately starting year, per increases revenue will bring in more funds in future years—gave a false impression impression afalse years—gave future in funds more in bring will and cuts spending in trillion of$1.3 acombination require would two percent, he said, an amount that would be hard to categorize categorize to hard be would that amount an he said, percent, two tizzy. in a had Washington numbers those of size The economy. the 75 next the ofGDP over percent nine ofnearly gap budget term for colloquium the (who take Students Institution. Brookings the policymakers such as Peter Orszag, distinguished scholar at NYU NYU at scholar distinguished Orszag, Peter as such policymakers ference in Washington, DC: Among those in attendance were noted noted were attendance in those Among DC: Washington, in ference made—while also justifying evermore radical solutions,” he wrote. he solutions,” radical evermore justifying also made—while are they when choices tough not reward does and process making Republicans which on measures consensus include to afailure ing ofthe one is of33 age the at Kamin—who and Washington, in for The Congressional Budget Office’s projections showed a long- a showed Office’s projections Budget Congressional The Tax Notes Tax Kamin argued that uncertainty and flawed predictions, includ predictions, flawed and uncertainty that argued Kamin Under discussion was a 2012 paper, “Are paper, We On a There a2012 Yet?: was discussion Under Y FELDMAN , a popular tax news and commentary magazine. The The magazine. commentary and news tax , apopular Tax Policy Colloquium. Held in a classroom in in aclassroom in Held Colloquium. Policy Tax on the United States budget at the Law School’s Law the at budget States United on the apaper presenting was faculty, ’s NYU of assistant professor of law and the newest member member newest the and oflaw professor assistant n a cold Tuesday in January, David Kamin ’09, an Kamin David January, in Tuesday n a cold

- - ’75, a foremost authority on the taxation of partnerships; Leo Leo of partnerships; taxation onthe authority ’75, a foremost Review Tax Law policy-focused ofthe ’76, editor-in-chief omy, what is the best way to tax US-based multinational com multinational US-based tax to way best the is omy, what policies social what and a people as are we of who expression edge transactional tax issues, such as Noël Cunningham LLM LLM Cunningham Noël as such issues, tax transactional edge economics. development and policy environmental with of tax LLM Schenk Deborah academics; policy tax nation’s leading of the Blank LLM ’07, who specializes in tax administration and com and administration tax in ’07, LLM specializes who Blank addition, top practitioners such as Victor Zonana ’64, LLM ’66 in ’64, LLM Zonana Victor as such practitioners top addition, and complex, and tax lawyers can spend years of study deep in in deep ofstudy years spend can lawyers tax and complex, and and that govern this country’s tax policy are also an an also are policy tax country’s this govern that regulations and adjuncts. This combined focus on both policy and practice makes makes practice and policy both on focus combined This adjuncts. - num ranked been has curriculum law tax Law—whose NYU Malman ’71, who specializes in individual and corporate tax; John John tax; corporate and individual in specializes ’71, who Malman wage income? Should an estate tax or or tax estate an Should income? wage shrink to used be law tax the Should orcurtail. foster to want we tion; and Brookes Billman LLM ’75, an expert in tax procedure. In In procedure. tax in expert ’75, an LLM Billman Brookes and tion; hot areas like taxation of cross-border transactions also teach as as teach also transactions ofcross-border taxation like hot areas panies? Should investment income be taxed at lower rates than than rates lower at taxed be income investment Should panies? econ a global In inequality? ease to tailored be it Can poverty? pliance; and Mitchell Kane, whose interests lie at the intersection intersection the at lie interests whose Kane, Mitchell and pliance; practice to policy, especially in tax. The tax code itself is arcane arcane is itself code tax The tax. in especially policy, to practice building? Should the tax law be used used be law tax the Should building? began in 1992—“home to a world-class tax faculty that has a deep adeep has that faculty tax aworld-class to 1992—“home in began survey the since year every &World Report News U.S. by one ber classrooms. School Law the and Washington between - taxa international and on corporate ’78,focuses who LLM Steines Laurie partnerships; and estates in expert ’71, an LLM Schmolka inheritance tax halt family dynasty- family halt tax inheritance rules the But clients. their for it navigate to learn to details its Program. Tax Graduate ofthe director faculty Blank, says debates,” policy tax global, often and national, on impact ing Daniel Shaviro, organizer of the Tax Policy Colloquium and one one and Colloquium Policy Tax of the organizer Shaviro, Daniel ing At law schools across the country, there has been a shift from from ashift been has there country, the across schools law At The tax faculty also encompasses those who focus on cutting- on focus who those encompasses also faculty tax The They join other NYU Law faculty with a tax policy focus, includ focus, policy tax a with faculty Law NYU other join They of every newspaper, they both influence influence both they newspaper, of every ate Finance Committee, embody tax law’s law’s tax embody Committee, Finance ate Eco National the and OMB the to adviser nomic Council, and Lily Batchelder, on Batchelder, Lily and Council, nomic fiscal policy is splashed on the front pages pages front the on splashed is policy fiscal trend toward innovation. At a time when when atime At innovation. toward trend the national debate and form a bridge abridge form and debate national the the kind of thinking for which Kamin is is Kamin which for ofthinking kind the leave to be chief tax counsel for the Sen the for counsel tax chief be to leave him wooed school the why and known, back. Kamin, until last year an economic economic an year last until Kamin, back. That provocative argument is exactly exactly is argument provocative That i ll us t r a Gerald Wallace, CharlesLyon t Lily Batchelder, David Kamin, i on Clockwise from top left: s by Ro y ; Joshua ; Joshua S c ott ------

35 nyuw la 2013 36 WWW.LAW.NYU.EDU “One of the things you can do is be a public interest lawyer and have have and lawyer interest a public be do is can you things of the “One E “T T 1983. Eventually, the program grew to offer a full-time day schedule. day full-time a offer to grew program the Eventually, 1983. Tax Division of the Department of Justice, who now teaches as an an as teaches now who Justice, of Department the of Division Tax JD students; he would establish a graduate tax program, the first in in first the program, tax agraduate establish would he students; JD clients, and another thing you can do is work on policy issues.” onpolicy work dois can you thing another and clients, the of extension it’s natural a think Law.“I NYU at than fit organic criminal unit of the Justice Department’s tax division. Vander division. tax Department’s Justice ofthe unit criminal the enhance to moved quickly and 1943 in ofLaw School of NYU the for general attorney assistant US former and faculty tax the of deep into the tax code and grounded the analysis with real-life real-life with analysis the grounded and code tax the into deep could give NYU an edge in the new field. While NYU Law offered offered Law NYU While field. new the in edge an NYU give could given a set of facts and required to analyze the code, regulations, regulations, code, the analyze to required and offacts aset given giant step further than simply beefing up the tax curriculum for for curriculum tax the up beefing simply than further step giant and to produce an answer. This allowed students to get get to students allowed This answer. an produce to law case and a couple of basic tax courses then, there were no professors who who noprofessors were there then, courses tax ofbasic a couple are now taught tax with the problem method. This, Schenk says, says, Schenk This, method. problem the with tax taught now are the of chief as and General Attorney US the to assistant special as Pro says education,” legal in departure aradical “It was tax. about then.” until of accountants work the as regarded “It was adjunct. specialized exclusively in tax. Vanderbilt’s idea would go one go would idea Vanderbilt’s tax. in exclusively specialized real Vanderbilt Tax, base. regional its beyond school’s reputation become had taxation while And discipline. alegal as oftax studies replaced law schools’ traditional Socratic method. In the prob the In method. Socratic traditional schools’ law replaced veer too far into the hypothetical. Students across the country country the across Students hypothetical. the into far too veer up case law, law schools had not kept pace with the developments. the with pace not kept had schools law, law case up the curriculum and expanded the program, teaching at NYU until until NYU at teaching program, the expanded and curriculum the up built fostered, he camaraderie the for renowned and Chief the cared who those all for home academic an create and nation, the Taxation Income Federal of Law six-volume the them. around arms your get to try you more the multiply tions purchase to us encouraging by as such behavior, our change to the city’s elite firms who were seeking LLMs. Wallace, known as known Wallace, LLMs. seeking were who firms elite city’s the the Chief and Charles Lyon—who joined the faculty in 1955 after 1955 after in faculty the joined Lyon—who Charles and Chief the health insurance? Whatever your political perspective, the ques the perspective, political your Whatever insurance? health problems and rules, rather than getting into a discourse that might might that adiscourse into getting than rather rules, and problems were students known, be to came way Wallace’s as method, lem &Garrison—co-wrote Wharton Rifkind, Weiss, Paul, of partners bilt convinced Wallace to leave Cravath, Swaine & Moore in 1945. in & Moore Swaine Cravath, leave to Wallace convinced bilt worked had and Yale at taught had Wallace teachers. tax brilliant fact that the school is focused on public service,” says Batchelder. Batchelder. says service,” onpublic focused is school the that fact fessor Emeritus John Peschel, who joined the tax faculty in 1967. in faculty tax the joined who Peschel, John Emeritus fessor it teaching and lawyers, training for area awide-open was ized, build to begun had litigation and 1940s, the by complicated more member ’60, a longtime LLM Ferguson Carr M. 1930s,” says the in fessors, but he had also devised a new way of teaching tax that that tax ofteaching way a new devised also had he but fessors, most country’s ofthe one Wallace, (Jerry) Gerald hire to mined is in part because NYU has educated so many tax law academics. law tax many so educated has NYU because part in is h The program launched with evening courses for associates at associates for courses evening with launched program The That was the landscape when Arthur Vanderbilt became dean dean became Vanderbilt Arthur when landscape the was That To make a splash with this new program, Vanderbilt was deter was Vanderbilt program, new this with asplash To make Wallace was not only one of the nation’s most beloved tax pro tax beloved nation’s most ofthe one not only was Wallace It wasn’t until 1934 that Randolph Paul ’13—one of the name name of the ’13—one Paul Randolph that 1934 until It wasn’t Nowhere does this increased emphasis on tax policy find a more more a find policy ontax emphasis increased this does Nowhere Senior members of the tax faculty still tell stories about how how about stories tell still faculty tax ofthe members Senior M o s t

Com of its existence law students learned about tax as as tax about learned students law existence of its years ago, in 1913, and for the first few decades decades few first the for and 1913, in ago, years a minor offshoot of constitutional law. “Tax as a law.“Tax constitutional of offshoot a minor subject came into the curriculums of law schools schools of law curriculums the into came subject he federal income tax was passed into law 100 100 law into passed was tax income federal he p l ete

and

Ima g i n at , one of the earliest earliest ofthe , one i v e O f fe r i n g ” ------

New Yorker New to married was read—and widely was who Lyon, And As an imaginative realist, however, he saw before any other law law other any before saw he however, realist, imaginative an As pr an A Cooley and an adjunct professor since 1966. “Jerry didn’t care care didn’t 1966. “Jerry since professor adjunct an and Cooley events with the graduate tax students. “It was just the personali the just “It was students. tax graduate the with events social other and games, basketball Mountain, Bear to outings Tax Law Review Tax Law the in Vanderbilt, decessor, complete and imaginative offering ever made in this field.” this in made ever offering imaginative and complete Finance Committee’s chief tax counsel, serving as right-hand right-hand as serving counsel, tax chief Committee’s Finance about writing; it was not what he considered important.” important.” considered he not what was it writing; about boyfriends. and girlfriends oftheir names the remembered also would Students lunch.) three-martini ofthe day the in back all, answer was not in his book, there was no answer. He knew every He knew noanswer. was there book, his not in was answer congenial. law tax of study the find not even did he lawyer; a tax serving as deputy chief prosecutor at the Nuremberg and and trials Nuremberg the at prosecutor chief deputy as serving such journal devoted exclusively to taxation. The TaxReview The Law taxation. to exclusively devoted journal such and program, tax the for ambitions big had Court, Supreme sey school dean what the impact of the new tax laws would be on the onthe be would laws tax new ofthe impact the what dean school Meagher & Flom—would hold court at Marta, a nearby Italian res Italian a nearby Marta, at court hold & Flom—would Meagher treatise on corporate tax law, tax oncorporate treatise the than less nothing for nickname things all about trap asteel was mind his e-mail, use did never recruited a tax law faculty…and with their help set up the most most the up set help their with faculty…and law a tax recruited which remains the preeminent tax law journal, launched in 1946. 1946. in launched journal, law tax preeminent the remains which organized also duo The jokes. make Logan—would Andy writer up to date. “He was revered by everyone,” says Schenk. “If the the “If Schenk. says everyone,” by revered “He was date. to up scrib notes his Though office. his cups)in coffee Styrofoam used to engage students,” says Stephen Gardner LLM ’65, a partner at at ’65, a partner LLM Gardner Stephen says students,” engage to wanted who people of kind the were They Charlie. and ofJerry ties after was, (This martinis. drinking today, is Hill Blue where taurant tax-related. He had spent decades, after all, keeping B&E keeping all, after decades, spent He had tax-related. thing there was to know about tax.” about know to was there thing teaching there. James Eustice LLM ’58, known to all lawyers for for lawyers all to ’58, known LLM Eustice James there. teaching he insisted on creating a new law review that would be the first first the be would that review law anew oncreating insisted he larly that their drinks would be ready at their table when they got got they when table their at ready be would drinks their that larly post-war world…. And so, with his usual audacity and vigor, he he vigor, and audacity usual his with so, And world…. post-war lic policy at NYU Law since 2010, Batchelder has been the Senate Senate the been has Batchelder 2010, since Law NYU at policy lic being an early name partner at what became Skadden, Arps, Slate, Slate, Arps, Skadden, became what at partner name early an being bled in the margins of the tax code were barely legible, and he and legible, barely were code tax ofthe margins the in bled brought in heavy-hitting tax lawyers to join Wallace and Lyon in in Lyon and Wallace join to lawyers tax heavy-hitting in brought join them after class. “Charlie and Jerry would go there so regu so there go would Jerry and “Charlie class. after them join in from their morning classes,” recalls Ferguson. recalls classes,” morning their from in Eustice As the program gained in students and popularity, NYU Law Law NYU popularity, and students in gained program the As As Dean Russell Niles wrote in a commemoration of his pre of his a commemoration in wrote Niles Russell Dean As Vanderbilt, who later became chief justice of the New Jer New ofthe justice chief became later who Vanderbilt, Wallace not only knew all of the program’s students, but he but students, program’s ofthe all knew only not Wallace

e x e s si o On leave from her professorship of law and pub and oflaw professorship her from leave On elder was the woman at the center of the storm. storm. ofthe center the at woman the was elder and Republicans prepared for battle, Lily Batch Lily battle, for prepared Republicans and Democrats congressional and of2012 end the at s the Bush tax cuts approached their expiration expiration their approached cuts tax Bush s the n

of , arrived at NYU NYU at tions and Shareholders, arrived —who kept kept Park—who Square Washington Law in 1960. in Law stacks and stacks of paperwork (and of paperwork of stacks and stacks around running hours passing and suits thon runner—known for wearing track wearing for runner—known thon tise, trea tax corporate important most the his co-authorship with Boris Bittker of Bittker Boris with co-authorship his w Eustice, who died in 2011, was a mara was 2011, in died who Eustice, h Federal Income Taxation of Corpora of Taxation Income Federal o w e

a r e

a : “Vanderbilt was not not was : “Vanderbilt s a p e o p l e , the the ,

------, “What interested me about both was, how can we promote equal equal promote we can how was, both about me interested “What “How could we build it into the sticker price that prospective stu prospective that price sticker the into it build we could “How should we education, promote to code tax the use to we’re going “If deductions, each with its own rules and eligibility requirements. requirements. eligibility and rules own its with each deductions, nonrefund are contrast, by incentives, (Most tax them. use can benefit, the from excluded be might otherwise who families, est [Baucus] alongside and hearings, at dais on the appearing often expanded, but it could also be replaced with an inheritance tax. tax. inheritance an with replaced be also could it but expanded, potentially and simplified, improved, be tax estate the could aspreadsheet build to having them than rather facing, are dents important Equally way,” says. she cost-effective most the in do so efforts, their reflect rewards people’s economic that so opportunity fam middle-income and low- help to incentives tax use to how on of section Brownsville the in agency service social asmall at cate advo aclient as worked had she 2005 in Law NYU joined elder of Government and a law degree from Yale Law School. Law Yale from degree alaw and of Government one generation to the next. In her paper she argued that not only not only that argued she paper her In next. the to generation one came to tax policy because of a passion for social justice and eco and justice social for ofapassion because policy tax to came early and have straightforward career paths, by the time Batch time the by paths, career straightforward have and early (Don’t expect that to actually happen in Washington, where the the where Washington, in happen actually to that (Don’t expect Brooklyn, as director of community affairs for then–State Senator Senator then–State for affairs community of director as Brooklyn, year-end tax agreement kept the estate tax with a generous $5 agenerous with tax estate the kept agreement tax year-end able, which means taxpayers can take them only to reduce their their reduce to only them take can taxpayers means which able, tax committee’s ofthe all led has She hallways.” the roams he as are available to people regardless of whether they owe income income owe they ofwhether regardless people to available are says. shot,” she afair get backgrounds disadvantaged from folks and in amaster’s both has She Arps. Skadden, at attorney atax as and programs. transportation offederal reauthorization and she argues, is the issue of timing. Families that are really strapped strapped really are that Families timing. of issue the is argues, she Marty Markowitz (who’s now the Brooklyn borough president), president), borough (who’s Brooklyn the now Markowitz Marty return. “Maybe you could claim it based on your previous year’s year’s previous onyour based it claim could you “Maybe return. Hill, Capitol on presence visible “a very become had she that noted and tax regarding know to aides Hill five top ofthe one her named Roll Call newspaper inside-the-Beltway 2012, In negotiations. nomic fairness. Unlike many tax professors who gravitate to tax tax to gravitate who professors tax many Unlike fairness. nomic work over the last couple of years, including the tax extensions extensions tax the including years, of couple last the over work tuition, rather than waiting to get money back on the next year’s tax tax year’s next onthe back money get to waiting than rather tuition, oftax complexity the says, she Consider, code. tax the simplify to the them need that people to incentives not give “Why bills.) tax poor the because progressive more considered are they and tax, credits The credits. tax refundable as incentives financial turing to figure out what tax benefits they might be able to claim?” to able be might they benefits tax what out figure to person to its powerful chairman, Senator Max Baucus, in the tax tax the in Baucus, Max Senator chairman, powerful its to person paper, “Estate Tax Reform: Issues and Options”—written as the the as Options”—written and Issues Reform: Tax “Estate paper, School F. John Kennedy University’s Harvard from policy public benefits for higher education; there are more than 10 credits and and credits 10 than more are there education; higher for benefits burden reflected how well off they were,” Batchelder says. “You says. were,” Batchelder they off well how reflected burden most?” Batchelder asks. Batchelder most?” intersection of tax and social policy. She has completed research research completed has She policy. social and oftax intersection income, or we could give it to the university,” Batchelder ponders. ponders. Batchelder university,” the to it give could orwe income, ilies and how to structure wealth transfer taxes for societal good. good. societal for taxes transfer wealth structure to how and ilies might have two people earning $40,000, but one of them has a has ofthem one but $40,000, earning people two have might people’s tax sure making and privilege, and onopportunity ing focus was that about me interested “What exclusion.) million from of wealth transfer the tax we way the changing 2010—is in disappearance one-year its approaching was tax estate federal paying before benefit education the get to dobetter would cash for soared, have costs college when age an in benefits education the for A related issue, which Batchelder explored in a 2009 Tax Notes a2009 in explored Batchelder which issue, A related Batchelder’s academic interests naturally fall squarely at the the at squarely fall naturally interests academic Batchelder’s Batchelder, whose low-key manner belies her sharp intellect, intellect, sharp her belies manner low-key whose Batchelder, Like most tax policy wonks, Batchelder is interested in ways ways in interested is Batchelder wonks, policy tax most Like struc of proponent abig been has Batchelder For example, ------

$4 million inheritance. That person is better off, but the tax code code tax the but off, better is person That inheritance. million $4 Washington, just as she expects that her work for the Senate Senate the for work her that expects she as just Washington, der’s student and crossed paths with her in Washington—escaped Washington—escaped in her with paths crossed and der’s student Batchel been had Kamin—who David Washington, in cussions of Congress. members certain with a deal reach to trying to down of fiscal policymaking. “I wanted to work on larger pieces, versus versus pieces, larger on work to wanted “I policymaking. of fiscal doesn’t differentiate.” It may not be the perfect policy, but you do not want to make the the make to donot want you but policy, perfect the not be It may come does it “And sometimes says. she thought,” have I would when research and teaching her affect will Committee Finance E Wh and congresswomen, after all, don’t know the ins and outs of the ofthe outs and ins the don’t know all, after congresswomen, and NYU Law faculty. “I really loved working on tax and budget policy policy budget and ontax working loved really “I faculty. Law NYU some provisions I would speak about in tax class with this atti this with class tax in about speak Iwould provisions some become has Batchelder example, for Washington, In returns. she was ready for a change from the late nights and constant battles battles constant and nights late the from achange for ready was used to talking about tax policy in lay terms—most congressmen congressmen terms—most lay in policy tax about talking to used the day-to-day grind of writing position papers in order to join the the join to order in papers position ofwriting grind day-to-day the ever.’ I’ve thing stupidest It’s the this? doing they are of‘Why tude more become has she points—and talking their beyond code tax the memos and fact sheets that are the lifeblood of policymaking policymaking of lifeblood the are that sheets fact and memos the half years, Kamin—who is married and has a young daughter— a young has and married is Kamin—who years, half perfect the enemy of the good.” ofthe enemy the perfect learned that some of these things are more sophisticated than than sophisticated more are things these of some that learned are “There created. actually is law tax way the about pragmatic for the Obama administration,” Kamin says. But after three and a a and three after But says. Kamin administration,” Obama the for in DC,” he says. “I want to think on a larger scale.” onalarger think to want “I DC,” says. he in For Batchelder, her time at NYU has informed her work in in work her informed has NYU at time her For Batchelder, i l

Bat c he lde r

spent 2012–13 immersed in tax policy dis policy tax in immersed 2012–13 spent - - - 37 nyuw la 2013 38 WWW.LAW.NYU.EDU A Field ofDreams $4 trillion tax cut because the tax cuts were supposed to expire, expire, to supposed were cuts tax the because cut tax trillion $4 of theAtlantic Philanthropies, career asaninternational tax What’s a tax increase, and what’s a tax cut? Is what we agreed to to agreed we what Is cut? atax what’s and increase, atax What’s work, thatculminated in ashift wealthy clients’ philanthropic [in the fiscal cliff deal] a $600 billion increase, or a $4 trillion tax trillion $4 ora increase, billion $600 a deal] cliff fiscal the [in area. Meanwhile, Dale began article article Review Law NYU 2008 In a degree. law his finishing even derstood. He delves deep into the numbers to come up with origi with up come to numbers the into deep He delves derstood. misun frequently are they as even debates, policy influence deeply apart pulling how and poverty, reduce to effectively used be can how about Redistribution,” and Taxes Federal Not Inequality: erty, Obama’s healthcare including legislation, policy on important cut?” Kamin asks. “If you look at the official score, it looks like a like looks it score, official the at look you “If asks. Kamin cut?” Even then, he was on the fast track: He became special assistant assistant special He became track: fast onthe was he then, Even Law. NYU at laude cum magna JD his getting before Priorities Policy and onBudget Center the and Development Economic Hidden Values in Distributional Debates,” Kamin asked what it it what asked Kamin Debates,” Distributional in Values Hidden at the practical limits of the tax system, it is not going to have much much have to not going is it system, tax ofthe limits practical the at Nowhere is this more true than with an idea he’s now exploring on on he’s idea exploring an now with than true more this is Nowhere simple concept of measuring where we are now that raises thorny thorny raises that now are we where of measuring concept simple in used often are of progressivity measures that concluding sive, Duty Free Shoppers’ Chuck philanthropy. Dale his started Professor ofPhilanthropy and representing hisincreasingly the then-secret foundation of tax, whichwas thenagrowing the Law, isoneofthecountry’s nal arguments that, typically, counter the conventional wisdom. wisdom. conventional the counter typically, that, arguments nal tribute even a little to the bottom, it has a big impact.” abig has it bottom, the to alittle even tribute to Orszag, then the newly appointed director of the OMB, before before OMB, ofthe director appointed newly the then Orszag, to the tax system cannot be used well to reduce inequality, though it it though inequality, reduce to well used be cannot system tax the (in 2011). crisis debt ofthe resolution the those two ideas can help create more effective policy. “If you look you look “If policy. effective more create help can ideas two those in 1977 to teach international have much more effect on the welfare of people at the middle or or middle the at people of welfare the on effect more much have maga this in excerpted was (that astudent still while wrote he president for economic policy, Kamin made a significant impact impact asignificant made Kamin policy, economic for president policy questions. “In budget and tax, this creates a controversy: acontroversy: creates this tax, and budget “In questions. policy 2012), and (through cut tax payroll of the continuation law, the bottom income levels. That’s different from inequality. If you dis you If inequality. from different That’s levels. income bottom but relative to current policy it’s a $600 billion tax increase.” tax billion it’s a$600 policy current to relative but his becoming founding president zine that year), “What Is a Progressive Tax Change?: Unmasking Unmasking Change?: Tax aProgressive Is “What year), that zine misleading or incoherent ways. orincoherent misleading impact on overall income tax distribution,” Kamin says. “But it can can it “But says. Kamin distribution,” tax income onoverall impact or regres progressive considered be to change a tax for meant for Committee the for worked and College, Swarthmore from lawyer andjoinedthefaculty leading expertsintaxation and ha At the National Economic Council, as special assistant to the the to assistant special as Council, Economic National the At Another area of interest for Kamin is baselines, the seemingly seemingly the baselines, is Kamin for interest of area Another K Kamin’s scholarship often shows how budget and tax metrics metrics tax and budget how shows often scholarship Kamin’s Kamin has a bachelor’s in economics and political science science political and economics in abachelor’s has Kamin rv Tax Law Review paper, “Pov Review onaTax Law working currently is amin e y dale , University away hisbillions duringhis Feeney, whoplannedto give the importanceof Feeney’s lifetime. It’s hard to overstate

------“We now ironically have a more progressive tax system, but there there but system, tax progressive amore have ironically “We now The Billionaire WhoWasn’t: Atlantic, hisacademicfocus 1980s spawned aprogram in 10 percent tax bracket, remained. The result: Over the long term, term, the long Over result: The remained. bracket, tax 10 percent Made andGave Away aFortune — How ChuckFeeney Secretly very steep learningcurve,” he and Dale’s work inmakingit over $450,000 rose from 35 percent to 39.6 percent). Meanwhile, Meanwhile, 39.6 to percent). percent 35 from rose $450,000 over making couples married for rates tax (marginal years 20 in earners tax the time, same the At been. have may that unintentional ever the out figuring “In explains. Kamin future,” the in taxes or higher argues Kamin wealthy. the benefited disproportionately but one country’s top tax policy experts—to walk through some arcane arcane some through walk experts—to policy tax top country’s says. Kamin interested,” are they if path career story chronicled inthebook shifted to nonprofits.shifted “Ihada Lily and me here will hopefully give people entrée into a different adifferent into entrée people give hopefully will here me and Lily interested are who students to models role be will Batchelder year-end tax legislation, with the first major tax increase on high high on increase tax major first the with legislation, tax year-end at middle- and low-income levels, including the carving out of the the of out carving the including levels, low-income and middle- at of result end the that narrative plausible a tell can I effect, actual analysis that he was struggling with. “Now I can just knock on knock just Ican “Now with. struggling was he that analysis than net safety a weaker and services government less also are system is producing less revenue, and that is now resulting in cuts cuts in resulting now is that and revenue, less producing is system philanthropic approach—a nonprofit law andultimately led Dale commissioned inthemid- NYU Law. people understood, hebrought recalls. AndasDale delved that new area oflearningto wisdom is that you can look at a tax bill and figure out its distribu its out figure and bill atax at look can you that is wisdom would otherwise be the case,” Kamin says. “It may seem like split like seem “It may says. Kamin case,” the be otherwise would tax rates at the top of the income scale largely returned to their old old their to returned largely scale income of the top the at rates tax those helped especially but taxpayers all benefited which cuts tax consequences.” distributional regressive with programs federal to progressive—how more is that system atax is cuts tax Bush the you “Whenever story. nuanced more and abigger misses it time, aparticular at only looks perception common the because that every benefited cuts tax Bush the that example, impact—for tional common The policy. spending and oftax impact distributional the times call Shaviro—his professor at NYU Law and one of the ofthe one and Law NYU at professor Shaviro—his call times “Having service. government and practice private both span that impact.” net the at look to way accurate amore is it but hairs, ting his door,” Kamin says with a laugh. “For me, it’s been very excit very it’s “For me, been alaugh. with says door,” Kamin his into anarea oflaw thatfew levels, while tax rates at the bottom are lower. Programs like Head Head like Programs lower. are bottom the at rates tax while levels, because of the technical expertise required, often create careers careers create often required, expertise technical of the because he and that he hopes And hedesigned. which seminar, budget Start, however, are facing significant cuts due to fiscal pressures. pressures. fiscal to due cuts significant facing are however, Start, happen from alegal perspective. ing to be a student in the program and then come back to teach.” to back come then and program the in astudent be to ing increase spending and cut taxes, you either have lower spending spending lower have either you taxes, cut and spending increase in the policy world. Tax lawyers, perhaps more so than others others than so more perhaps lawyers, Tax world. policy the in A studyofnonprofit law that As Dale focused more on The way Kamin sees it, part of the payback occurred in the in occurred payback the of part it, sees Kamin way The While he was in Washington, Kamin recalls, he would some would he recalls, Kamin Washington, in was he While In addition to his scholarship, Kamin is teaching a federal afederal teaching is Kamin scholarship, his to addition In

on nonprofit law works with clearinghouse onnonprofit law of nonprofit law.” We hadto create thewholefield own nonprofit work, putsitin vey was oneofthefounding and theteaching ofit.“Har- and theLaw, whichserves asa and travels theworld for his Manny, executive director ofthe professor since 1993. Dale, who philanthropy center andadjunct National Center onPhilanthropy rarely taughtatany law school. percent ofGDP, yet they were perspective: “Nonprofits are 5.5 to the1996founding ofNYU’s the center onconferences in additionto teaching aclass fathers ofthearea,” says Jill ------Law Review ment’s March Toward March ment’s Bankruptcy the U.S. Corporate Tax Corporate U.S. the 2011), for example, looked at the issue of salience—that is, things things is, ofsalience—that issue the at looked 2011), example, for rity Reform; Wayne Perry Professor of Taxation, joined from the University of University the from joined ofTaxation, Professor Perry Wayne fac tax the joined she when ways many in unusual was Taxation, Chicago Law School. Shaviro, whose background includes stints stints includes background whose Shaviro, School. Law Chicago elections. His rich body of work even includes a satirical 2010 a satirical includes even of work body rich His elections. corporate tax, and more. He has written eight books on topics that that ontopics books eight written He has more. and tax, corporate wide- has reform), tax 1986 onthe worked he (where on Taxation to harder be wealthy—may the for deductions and exemptions personal on phaseouts the example, revenues—for raising of effect low- about of pieces a number and S corporations on Subchapter at professor adjunct an and Law of School Irvine, California, of owe their jobs, and their work, to Deborah.” to work, their and jobs, their owe Law, the shift from practice to policy has been underway for underway been has policy to practice from shift the Law, T E w at the elite tax firm Caplin & Drysdale and at the Joint Committee Committee the Joint at and Drysdale & Caplin firm tax elite the at taxes low-salience misdirected; is criticism that taxes, hidden as NYU Law. “She’ll go to bat for you, but you have to live up to her her to up live to have you but you, for bat to go “She’ll Law. NYU says. “Can we use behavioral economics to shape compliance? compliance? shape to economics behavioral use we “Can says. for brackets tax index to failure the Likewise, salient. or less see, University the at ’06, aprofessor LLM Lawsky Sarah it,” says sees standards. There are so many tax professors in this country who country this in professors tax many so are There standards. novel with a young, morally challenged litigator as aprotagonist. as litigator challenged morally ayoung, with novel rie Malman) in a clubby, male environment, and the first woman woman first the and environment, male aclubby, in Malman) rie Decoding Decoding tax—including corporate to policy budget from range tax, international budgets, policy, tax spanning interests ranging we ought to take this into account.” into this take to ought we without altering the tax brackets. tax the altering without ulty 30 years ago. She was one of the first women (along with Lau with women (along first ofthe one was She ago. years 30 ulty tax blog called Start Making Sense, in which he was outspoken outspoken was he which in Sense, Making Start called blog tax think about how to adopt behavioral economics in tax,” Schenk Schenk tax,” in economics behavioral adopt to how about think ( Taxes” Designing in Bias Salience the Tax quarterly ofthe charge took She tenure. get to professor tax the acting assistant professor program. professor assistant acting the becoming tax academics themselves, many of whom completed completed ofwhom many themselves, academics tax becoming Some people think that’s devious. There are a few of us who say say who us of few a are There devious. that’s think people Some Shaviro, and others. and Shaviro, in his criticism of Mitt Romney’s tax proposals during the recent recent the during proposals tax Romney’s ofMitt criticism his in income taxpayers and small businesses. Her article “Exploiting “Exploiting article Her businesses. small and taxpayers income inflation has the effect of changing a taxpayer’s marginal tax rate rate tax marginal taxpayer’s a changing of effect the has inflation in interested those particularly ofstudents, hundreds mentored has she And research. policy tax for publication foremost the it Schenk, professors longtime by up built decades, two than more might be both effective and justified. “Tax scholars are starting to starting are scholars “Tax justified. and effective both be might if Congress raises rates. But other provisions that have a similar asimilar have that provisions other But rates. raises Congress if Schenk h “Deborah is the most amazing mentor. She tells it how she she how it tells She mentor. amazing most the is “Deborah A dozen years after Schenk came to NYU Law, Daniel Shaviro, Shaviro, Daniel Law, NYU to came Schenk after years A dozen Deborah Schenk, Ronald and Marilynn Grossman Professor of of Professor Grossman Marilynn and Ronald Schenk, Deborah Schenk argues that while such provisions often get criticized criticized get often provisions such while that argues Schenk Schenk’s own research runs the gamut, including a treatise atreatise including gamut, the runs research own Schenk’s i l b a c , and as editor-in-chief for the past 25 years has made made has years 25 past the for editor-in-chief as , and Do Deficits Matter? Deficits Do and h elde r a ; nd cally, income tax rates are relatively easy easy relatively are rates tax income cally, Kahneman, but only more recently have have recently more only but Kahneman, sion making, generally, dates to the pio the to dates generally, making, sion researchers begun to consider how those those how consider to begun researchers Daniel and Tversky ofAmos work neering The biases. cognitive taxpayers’ to relates that are disclosed visibly—and how that that how visibly—and disclosed are that biases play out in tax policy. Simplisti policy. tax in out play biases for taxpayers to see, and they will notice notice will they and see, to taxpayers for deci in biases cognitive at of looking idea Taxes, Spending, and the U.S. Govern U.S. the and Spending, Taxes, k a m i n are relative newcomers to NYU NYU to newcomers relative are ; —and he pens an influential influential an pens he —and Making Sense of Social Secu Social of Sense Making Yale Journal on Regulation on Yale Journal ------,

article, looks at collateral sanctions for tax tax for sanctions collateral at looks article, Review Law sylvania Corporate Residence” ( Residence” Corporate of the research for the book. In “The Rising Tax-Electivity of US of Tax-Electivity Rising “The In book. the for research of the has Washington when atime at economy aglobal in companies deport a Japanese immigrant couple who had previously pleaded pleaded previously had who couple immigrant aJapanese deport and benefits government nonmonetary revoke penalties, tax etary doc tax at of looking days earlier the from a shift policy, on tax - multination US onexisting transition aone-time assess could taxpayers for elective increasingly become will of incorporation, onone’s place reliance its with purposes, tax income for dence increasingly an “In taxation. ofinternational system US current If the US were to shift its system of taxation, he argues, the US US the argues, he oftaxation, system its shift to were US the If guilty to filing false tax returns and been sentenced to four months months four to sentenced been and returns tax false filing to guilty als’ foreign subsidiaries’ profits, which might raise $200 billion, billion, $200 raise might which profits, subsidiaries’ foreign als’ worldwide to time over fatal potentially is trend This cost. low at should use a lower tax rate for overseas income, instead ofrely instead income, overseas for rate tax alower use should services, and are often administered by agencies other than than other agencies by administered often are and services, nies’ foreign-source income as it does on domestic income, and and income, ondomestic does it as income foreign-source nies’ ronmental policy, and economic development. economic and policy, ronmental inef wholly be will which taxation, corporate residence-based the to mean might that what and purposes tax for residence a different elect to corporations ofUS ability the at looks viro noncompliance. Such sanctions are imposed in addition to mon to addition in imposed are sanctions Such noncompliance. will try to frame the issues regarding taxation of multinational multinational of taxation regarding issues the frame to try will the US lacks the market power to levy as much tax on US compa onUS tax much as levy to power market the lacks US the Kawashima v. Holder Kawashima In authority. taxing the to avoid giving a windfall to them. to awindfall giving avoid to he notes, is what induced Apple to borrow in the US rather than than rather US the in borrow to Apple induced what is notes, he lished numerous other papers, many of which have grown out out grown have which of many papers, other numerous lished presented as the David R. Tillinghast Lecture at NYU Law, Sha Law, NYU at Lecture Tillinghast R. David the as presented bringing home more than $100 billion in offshore profits.) profits.) offshore in billion $100 than more home bringing been considering corporate tax reform. Among the issues the the issues the Among reform. tax corporate considering been Supreme Court in 2012 upheld an immigration judge’s decision to to judge’s decision immigration an upheld 2012 in Court Supreme ing on foreign tax credits and deferral. (The current tax system, system, tax current (The deferral. and credits tax onforeign ing in prison. States also are trying to use collateral sanctions. In In sanctions. collateral use to trying are also States prison. in writes. out,” opt Shaviro simply can targets intended its if fective resi corporate US that plausible is it ownership, share and ing list stock cross-border rising with economy, global integrated Fixing U.S. International Taxation International U.S. Fixing policy, tax international Cunningham Shaviro “Collateral Compliance,” Penn of Blank’s recent University While Shaviro has been working on the book, he has pub has he book, onthe working been has Shaviro While Shaviro’s big project at the moment is a forthcoming book on book aforthcoming is moment the at project big Shaviro’s Shaviro’s arrival at NYU heralded an increased depth of focus of focus depth increased an heralded NYU at arrival Shaviro’s eign taxes paid. Ultimately, Shaviro argues, argues, Shaviro Ultimately, paid. taxes eign are entities US-based of profits overseas which in system current the omy), versus (which, corporations argue, would make make would argue, corporations (which, shore profits would not be taxed in the US US the in taxed be not would profits shore those companies receive a credit for for for acredit receive companies those but home, back come they when taxed econ aglobal in competitive more them off which in oftaxation, system territorial book will explore is how to think about a about think to how is explore will book Taxation, who arrived in 2008, touches touches 2008, in arrived who Taxation, on repercussions for tax scofflaws, envi scofflaws, tax for repercussions on of Professor Wallace L. Gerald Kane, ell it’s fair think “I taxation. on partnership as professor of tax practice, and Mitch and practice, tax of professor as Noël Cunningham, whose own focus is is focus own whose Cunningham, Noël work of Joshua Blank, who joined in 2010 2010 in joined who Blank, ofJoshua work to say that now, as a group, we’re more now,agroup, as that say to Dan,”says with off took really “That trine. policy than doctrine.” For example, the the For example, doctrine.” than policy Tax Review Law , 2011), which was first first was , 2011), which , for instance, the the instance, , for , that , that ------

39 nyuw la 2013 At first, Samuels figured his great loyalty and great The Most Influential Person he’d just meet with the GE appreciation of the law as executives in order “to hustle a a calling.” in the Tax World client,” as he recalls, “because With Welch’s imprimatur that’s what you do in a law firm to hire, Samuels soon brought a s debates over corporate “famous for crafting clever tax is hustle clients.” Instead, he in young partners with deep tax policy raged last year, John plans and groundbreaking came away from the meetings knowledge of tax for GE’s busi- Samuels LLM ’75 was an oasis deals with the US and foreign seriously considering the job. ness units, like GE Capital and of calm: As vice president and fiscal authorities.” “I could feel the draw of the the aircraft business. And as senior tax counsel for General Samuels grew up in the opportunity to build something GE expanded overseas, he Electric, Samuels, 67, has built small Florida town of Hollywood, new,” he says. But the risks added tax lawyers in countries the firm’s global tax operation where his father was a lawyer loomed large, and Samuels like Brazil and China. “When into the equivalent of a giant tax and the kids were expected to was afraid: After all, he was a I came here, there were 40 or firm, with approximately 1,200 be either doctors or lawyers. At top-billing law partner at a 50 people in the tax group, and tax experts in 44 countries, Vanderbilt University, Samuels top law firm with an interest none of them had tax back- and a reputation as one of the was pre-med, until he realized in government service at a grounds. There was low-hanging most aggressive corporate that he didn’t want to go to time when few ambitious fruit everywhere. Everyone tax operations. the hospital every morning lawyers would choose to go thought I was a genius, and Big enough and aggressive and see sick people. He got his in-house. Would he be making I’m not and was not,” Samuels enough, that is, to make the law degree at the University of a career mistake? Would he be says. Still, as other corporations front page of the New York Times Chicago, where he studied with able to convince other top tax built up their in-house expertise, in 2011 in a scathing and much- eminent tax scholar Walter lawyers to join him at GE? M. Samuels says: “I think we set talked-about piece about just Blum. “Very few people did tax,” Carr Ferguson LLM ’60, who was the model.” how little tax GE pays. It’s all Samuels says. “I started it, and one of Samuels’s professors at Samuels once thought he’d in a day’s work for Samuels, loved it. You have to actually NYU Law and remains a friend, return to government, but over who describes GE’s tax tech- learn a body of law.” the years has niques as akin to individual At Dewey Ballantine, first in cut off feelers homeowners claiming the home New York and then in Wash- to be assistant mortgage interest deduction ington, DC, Samuels honed his secretary for to lower their taxes. interest in tax law. When Jimmy tax policy at “The government puts incen- Carter was elected president Treasury and tives out there, and we take ad- in 1976, word went around the commissioner vantage of them,” Samuels says office that his administration of the Internal simply. “That’s the obligation we wanted new faces at Treasury. Revenue Service, have to shareholders.” “Like all new presidents,” Samuels unwilling to A tall and dapper man, says, “he was going to reform deal with the wearing a polka-dot yellow the tax code.” Samuels joined revolving door bow tie on the day I met him at Treasury as deputy tax legislative that is Washing- his satellite office in Stamford, counsel and rose to become tax ton. Instead, he Connecticut, Samuels is one legislative counsel. keeps on signing of the Graduate Tax Program’s After Carter lost re-election, GE’s voluminous most successful alums, though Samuels returned to Dewey Bal- tax return, and he prefers to keep a low profile. lantine, where he was a partner, spends time From his perch at GE over the and shuttled between his prac- flyfishing (in the past 25 years, Samuels has tice in the capital and in New Bahamas and helped change the way corpora- York, where his clients included recalls meeting with Samuels the Florida Keys), playing golf, tions think about their taxes Bankers Trust and HBO. in New York as he agonized and going to the opera with his and the importance tax strategy In 1987, Jack Welch, GE’s over whether to leave Dewey wife, Diane, a retired teacher of can have on the bottom line. legendary chief executive, hired Ballantine for GE. The two had children with learning disabilities. And with his founding of the Ben Heineman, a constitutional worked in Washington during The family’s ties to NYU Law International Tax Policy Forum— lawyer, as general counsel in a the Carter administration, when remain strong: His daughter a Washington, DC-based tax new effort to build a significant Ferguson was assistant at- Sarah Samuels, an associate at think tank whose members in-house legal department. It torney general in charge of the Skadden, Arps, Slate, Meagher include more than 40 US-based was unusual then for compa- tax division at the Department & Flom, and her husband, Isaac multinationals—and frequent nies to hire high-powered law- of Justice and Samuels was at Wheeler, a tax associate at Sulli- appearances at tax-policy yers in-house, and considered Treasury. They had even, very van & Cromwell, both graduated events, Samuels is one of the a poor career move for top briefly, been roommates there. in 2009. But even as Samuels corporate sector’s most promi- lawyers to make. “Heineman “I strongly recommended he can look back on a long and nent voices on international tax started this revolution of bring- take the job; it sounded spec- successful career, don’t count on issues. Tax Business, an interna- ing senior lawyers in-house,” tacular, and I think it has been his retiring anytime soon. Says tional magazine, once ranked Samuels says. It wasn’t long for him,” Ferguson says. he: “I’ll never go to Florida and

WWW.LAW.NYU.EDU him the most influential person before Heineman was courting “I thought that was an endear- play golf. There’s at least another 40 in the tax world, calling him Samuels to join. ing characteristic of John’s— chapter or two.” D “You cannot begin to know it all. It’s wildly out of control,” Schenk Schenk ofcontrol,” out It’s wildly all. it know to begin “You cannot nal NYU Jour Law Environmental NYU the in Trade,” published and Cap driver’s their lose may delinquents tax example, for California, compliance difficult, but it undermines trust in the tax system, system, tax the in trust undermines it but difficult, compliance American facing problems biggest ofthe one as code tax of the Tax National years, dozen last the Over exponentially. expanded has it understand to required ofknowledge amount the complex, I’ve “So says. Kane basis,” onapre-tax built are models economic - Coopera and “Strategy His research. cross-disciplinary in engages years of US Supreme Court decisions. The two are now immersed immersed now are two The decisions. Court Supreme ofUS years as proportionate to the offense—standards that aren’t met when when aren’t met that offense—standards the to proportionate as says. Adds John Steines: “If you’re going to remain technically technically remain to you’re going “If Steines: John Adds says. Global Multi-period and “Taxation Kane’s structured.” be should reduce emissions—have been hampered by the lack of a har lack the by hampered been emissions—have reduce versity of Southern California Gould School of Law. “Corporate “Corporate ofLaw. School Gould California ofSouthern versity when there’s a violation of a clear tax rule, when the taxing author taxing the when rule, tax ofaclear aviolation there’s when taxpayers. Not only does the thicket of rules and regulations make make regulations and of rules thicket the does Not only taxpayers. ( Arbitrage” Tax International to Responses National in tion making. decision judicial in penalties oftax role the too. The burden on the tax lawyer is that much greater as well. well. as greater much that is lawyer tax the on burden The too. house gas emissions permit market that encompasses multiple multiple encompasses that market permit emissions gas house periods and . and periods license; in Louisiana, it’s their hunting license that’s at risk. risk. at that’s license hunting it’s their Louisiana, in license; payer Advocate Nina Olson has consistently cited the complexity complexity the cited consistently has Olson Nina Advocate payer E puzz been struggling with the general problem of how the tax system system tax the ofhow problem general the with struggling been (2012) reviewed more than 100 100 than more (2012) reviewed Review Law NYU the in Shams” monized system for a carbon tax across jurisdictions. “All of the ofthe “All jurisdictions. across tax acarbon for system monized on focus they as decisions court appellate offederal thousands in Kawashima the incorporating sanction the view taxpayers when and offense, the identifies ity Kane Blank Blank argues that collateral sanctions should only be applied applied be only should sanctions collateral that argues Blank Meanwhile, Mitchell Kane is an international law expert who who expert law international an is Kane Mitchell Meanwhile, in 2011, tried to create a framework for the taxation of a green taxation the for aframework create to tried 2011, in l s w i t cialized tax issues. And it doesn’t take a lawyer to to a lawyer doesn’t it take And issues. tax cialized most for policy, tax of talking glitziness the espite students the core reason to study tax law remains remains law tax study to reason core the students realize that as the tax code has gotten ever more more ever gotten has code tax the as that realize professional education in difficult and highly spe highly and difficult in education professional h i n puzz a lot of benefits,” says Blank. “But if peo if “But Blank. says a lot ofbenefits,” suing a long-term empirical study of the ofthe study empirical along-term suing vidual tax compliance, Blank is also pur also is Blank compliance, tax vidual they may not cooperate.” not cooperate.” may they ple view the penalty as disproportionate, disproportionate, as penalty the view ple offer sanctions collateral argue “I policies. Staudt, a tax policy scholar at the Uni the at scholar policy atax Staudt, in corporate tax abuse cases with Nancy Nancy with cases abuse tax corporate in decisions judges’ influence that factors At a conference in Europe, he realized realized he Europe, in aconference At Law Journal Law of variations in tax laws across jurisdic across laws tax in of variations which should have a single price to price asingle have should which policy. climate and tax spans that work that efforts to create carbon markets— carbon create to efforts that economy. aglobal in capital attract to battle they as governments tions—for advantage take to transactions of turing struc arbitrage—the by created tunities In addition to projects involving indi involving projects to addition In Kane is currently energized about about energized currently is Kane l e holding into federal deportation deportation federal into holding s

, 2004) looked at the oppor the at , 2004) looked Emory Emory ------Cases, Materials, and Problems and Materials, Cases, ceptual Guide to the Taxation of Partnerships of Taxation the to Guide ceptual vidual Tax Base: Cases, Problems, and Policies in Federal Taxation Federal in Policies and Problems, Cases, Tax Base: vidual the Actors Studio Actors the Washington Square Park known for its burlesque paintings by the the by paintings burlesque its for known Park Square Washington Tax Problems, Taxation of Subchapter S Corporations) to the eso the to SCorporations) of Subchapter Taxation Problems, Tax Judge Rosemary Pooler of the US Court of Appeals for the Second Second the for ofAppeals Court US ofthe Pooler Rosemary Judge Circuit in the 2012 term, and now works at Roberts & Holland, a &Holland, Roberts at works now and term, 2012 the in Circuit details. While friendly, those tax discussions occurred so often, and and often, so occurred discussions tax those friendly, While details. quia, programs, and networking events outside of the classroom. classroom. ofthe outside events networking and programs, quia, “Unless . private of say,taxation or instruments, of financial more classes, 100 roughly now are there proliferated; has courses as Law, NYU At through. work to puzzles within puzzles creating Procedure: and Tax Practice Federal procedure, ontax casebook Brookes subject. abstruse law, aparticularly tax on partnership (co-authored with Michael Graetz). Cunningham and his wife, wife, his and Cunningham Graetz). Michael with (co-authored The Logic of Subchapter K: A Con K: A Subchapter of Logic The penned NYU, at adjunct and Law of School N. Cardozo Benjamin at professor ’88, atax LLM Laura arcane its debate and Throckmorton, Cleon designer set Broadway David R. Tillinghast Lecture on International Taxation, the the Taxation, onInternational Lecture Tillinghast R. David promi feature that lunches roundtable hosts Blank year, Each Corporate (Advanced complex the to Taxation) Gift and Estate gradu take can candidates JD students, LLM to caters Program a co-wrote 1979, since NYU at teaching been has who Billman, you’re dead set on something else already, it’s such a good idea to to idea agood it’s such already, else onsomething you’re set dead ate-level courses, and those who want to focus their studies can can studies their focus to want who those and courses, ate-level ated, the tax program offers students a dizzying array of collo of array dizzying a students offers program tax the ated, topics—taxation complex most the of some handle firms, elite at NYU Law tax faculty that, for many years after Marta closed, they they closed, Marta after years many for that, faculty tax Law NYU rolls by, it becomes that much more demanding.” more much that by, becomes it rolls nent alums talking about how they became interested in tax and and tax in interested became they how about talking alums nent would regularly gather at Volare, a cozy Italian restaurant near near restaurant Italian acozy Volare, at gather regularly would Inside ofInside version “It’s field. our the in success their to led what try tax,” says Vivek Chandrasekhar ’11, LLM ’13, who clerked for for clerked ’13, who ’11, LLM Chandrasekhar Vivek says tax,” try teach year) each professors assistant acting two (plus faculty time full- 14 the while And Corporations). ofAffiliated (Taxation teric Tax Graduate the While take. possibly could student one any than tax of number the intricate, more grown has itself code tax the says. he hooked,” was I pages, few first the stud JD his during room dorm his in read first he which taxation, proficient, it’s much more demanding now. And as each decade decade each as And now. demanding it’s more much proficient, pursue a joint JD/LLM degree. Classes range from the straight the from range Classes degree. JD/LLM ajoint pursue boutique tax firm in New in New York. firm tax boutique in that area and the most prominent example. example. prominent most the and area that in many of the courses, adjuncts, who are often practicing attorneys attorneys practicing often are who adjuncts, courses, ofthe many Transactions, ofProperty Taxation Taxation, (Income forward reading enjoy. “After they’ll don’t think students law young many asubject taxation, about excited him getting with Harvard, at ies Steines The tax code, for students who are interested in it, is a brainteaser, brainteaser, is a it, in interested are who students for code, tax The Blank credits Schenk and Graetz’s book on federal income income onfederal book Graetz’s and Schenk credits Blank Mastery of the tax code inspires such passion in members of the the of members in passion such inspires code tax the of Mastery Still honoring the collegial model that Wallace and Lyon cre Lyon and Wallace that model collegial the honoring Still Schenk wrote Schenk Federal Income Taxation: Principles and Policies and Principles Taxation: Income Federal ,” Blank says. Students also attend the annual annual the attend also Students says. ,” Blank on corporate taxation is the gold standard standard gold the is taxation on corporate teaching of core the at are that casebooks and treatises numerous produce to edge Revenue Code behind the bar to settle dis settle to bar the behind Code Revenue got so heated, that the restaurant allowed allowed restaurant the that heated, so got used thatrefinedand knowl battle-tested B&E law.B&E The oftax practice the them to keep a copy of the entire Internal Internal entire ofthe acopy keep to them putes quickly and definitely. and quickly putes More seriously, the tax professors have have professors tax the seriously, More The Indi The co-authored . Malman , the definitive book book definitive , the treatise ------.

41 nyuw la 2013 42 WWW.LAW.NYU.EDU ers eration in mergers and acquisitions, and the course seeks to give give to seeks course the and acquisitions, and mergers in eration Pro Adjunct graphics. detailed into turned scrawls chalkboard streaming With offered. courses of online number the expand high-ranking and firms law in partners experienced are of whom says. Blank classes,” course. Tax ramifications are an increasingly important consid important increasingly an are ramifications Tax course. Director John Stephens have worked closely with the faculty to to faculty the with closely worked have Stephens John Director is program online “Our format. digital entirely an in Tax in LLM across the nation. Since 2008, NYU Law has offered the Executive Executive the offered has Law NYU 2008, Since nation. the across faculty the with working “Weare lawyers. tax and accountants students deals, ontax course anew In planning. tax actional taxa local and state in onissues classes in-depth more now are NYU/KPMG Tax Lecture Series, and even an annual tax movie movie tax annual an even and Series, Lecture Tax NYU/KPMG software that’s used by some of the most popular movie services, services, movie popular most ofthe some by used that’s software accounting on focuses offering new why. Another and structured read merger agreements and try to understand how the deal was was deal the how understand to try and agreements merger read The Honeymoon The from episodes featured year this which night, the online classes give the feel of being in the classroom, with with classroom, the in being of feel the give classes online the several students, 100 roughly has It currently says. Blank thriving,” substantive the into training ofpractical alevel incorporate to ontrans focus that courses specialized and example, for tion, There lawyers. tax as jobs for students prepare better will that classes more even adding been has Progam Tax Graduate the lawyers in accounting firms. Blank and Graduate Tax Program Program Tax Graduate and Blank firms. accounting in lawyers ing sure that tax classes are available for time-pressed attorneys attorneys time-pressed for available are classes tax that sure ing fessor Sarah Lawsky, for example, created the online Tax Deals Deals Tax online the created example, for Lawsky, Sarah fessor between relationship closer the to a nod consequences, tax for The Simpsons The and As tax becomes more complex and the legal market changes, changes, market legal the and complex more becomes tax As The faculty is also moving rapidly into online education, mak education, online into rapidly moving also is faculty The . ------B Amy Feldman is aNew York-based business journalist. a She writes & Emery in New York focused on state and local tax issues. “The “The issues. tax local and state on York New focused in & Emery tax column for Reuters, column for tax and Fortune to contributes Barron’s and . of International Tax Affairs in the late 1970s. “It’s an education in education an“It’s late 1970s. the in Affairs Tax of International benefits ofemployee outs and ins the orlearn documents deals under agood only not form to me helped NYU at environment of tax reform should happen? What might it mean? it might What happen? should reform of tax Baucus (who has announced he will retire in 2015) and Congress 2015) and in retire he will announced (who has Baucus goal, and there are a lot of challenges, but we’re going to work as as work to we’re but going alot ofchallenges, are there and goal, as international tax counsel at the Treasury Department’s Office Office Department’s Treasury the at counsel tax international as atightly as it describes DC, Washington, in &Drysdale Caplin at standing of the tax law,” he says, “but also a love for it.” for alove also “but law,” says, he tax of the standing explor and documents deal reading experience real-life students series of evening discussions called Pathways to Tax Reform, to to Reform, Tax to Pathways called discussions ofevening series legal of the condition economic of the view in “Particularly says. Steines value,” immediate deliver can they employers spective with questions. with wind up at law firms. And as the legal market gets squeezed, hav squeezed, gets market legal the as And firms. law at up wind ued to talk about the possibilities for major tax reform, something something reform, tax major for possibilities the about talk to ued to have, the critical role of tax policy was impossible to ignore. to impossible was policy oftax role critical the have, to tax and in internationalism.” internationalism.” in and tax expert an is who Rosenbloom, says intensive,” “It’s very world. the Rosen David H. 1997. in Director launched Program, Tax tional Will McDermott at associate an now is he tax, in LLM an and tion on Taxa Committee Joint the at fellowship policy a tax After that. changed course tax income 1L Schenk’s But tax. in interested tially that has not happened since 1986. Since last fall, both Senator Senator both fall, last Since 1986. since happened not has that hard as we can to make it happen.” happen.” it make to can we as hard percent and what type of social safety net we as a country want want acountry as we net safety ofsocial type what and percent knit intellectual oasis with a maximum of 30 students from around around from students of30 amaximum with oasis intellectual knit tax study to choose students foreign of number increasing law, an look at ideas that range from the possible to the radical. What sort sort What radical. the to possible the from range that ideas at look schools.” professional as them view people most that not forget schools law that important is it profession, i loo bloom, James S. Eustice Visiting Professor of Taxation and member member and ofTaxation Professor Visiting Eustice S. James bloom, but also a necessity. “It’s important for grads today to show pro show to today grads for “It’s important anecessity. also but bipartisan options papers. options bipartisan in tax treaties, some of which he helped negotiate during his time time his during negotiate helped he ofwhich some treaties, tax in Interna the in study will students foreign few Aselect US. the in document deal isa exam final The them. in provisions tax the ing man really wants to do tax reform. It’s an extremely ambitious ambitious extremely It’s an reform. dotax to wants really man 10 issued have and proposals their up working been have mittee, Com Means and Ways House of the chairman Camp, Dave man contin have Republicans and Democrats both individuals, for icy advantage an not just is front up knowledge specialized more ing ing than tax practice, but the reality is that most tax lawyers will will lawyers tax most that is reality the but practice, tax than ing “We’re going full steam ahead,” Batchelder says. “The chair “The says. Batchelder ahead,” steam full “We’re going The debates in Washington echoed back at NYU Law with a with Law NYU at back echoed in Washington debates The While students who will practice in the US hunker down in in down hunker US the in practice will who students While While the fiscal cliff deal at the end of last year settled tax pol tax settled year last end of the at deal cliff fiscal the While Tax policy might be more in vogue and intellectually interest intellectually and vogue in more be might policy Tax Interesting questions worth pondering, and studying. studying. and pondering, worth questions Interesting Like many law students, Hayes Holderness ’11, LLM ’12 wasn’t ini ’12 wasn’t ’11, LLM Holderness Hayes students, law many Like k n g fo debates heated up over the taxes paid by the one one the by paid taxes the over up heated debates presidential year’s last as And . social the of cer is “Nothing said, famously Franklin enjamin tain except death and taxes.” Paying taxes, however however taxes, Paying taxes.” and death except tain much you may personally grumble about it, is part part is it, about grumble personally may you much rw a r d

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t h e p e o pl e

46 ’58, Alumna of the Year 48 Alina Das ’05 and Rachel Barkow earn teaching honors 50 A nailbiter election win prepares Scott Peters ’84 for the House 52 Three brothers, one law school 53 Arrivederci, Joseph Weiler 58 Meet the new and visiting faculty

Ronald Dworkin, Frank Henry Sommer Professor of Law, passed away on February 14. One of the most important legal philosophers of our time, Dworkin is remembered by colleagues and friends as a fierce advocate for moral principles in constitutional interpretation. 44 WWW.LAW.NYU.EDU I Thomas Nagel remembers his closeThomas Nagel remembers friend collaborator and John Rawls, whose frayed cuffs, scuffed scuffed cuffs, frayed whose Rawls, John 20th century—Rawls in political philoso political in century—Rawls 20th Ronald Dworkin, Dworkin, Ronald

which they had been excluded by the ear the by excluded been had they which teacher former ofmy company the in was Colloquium in Legal, Political, Social and Philosophy. tattered asceticism is an indelible dash dash indelible an is asceticism tattered links, cuff gleaming suit, tailored tifully of gathering any characterizes typically that grunge general the Amid place. take lier prejudices of logical positivism. Both Both positivism. oflogical prejudices lier philosophy into normative fields from from fields normative into philosophy They philosophy. legal in Dworkin and phy - beau his with Dworkin, philosophers, brought the clarity and logic of analytic of analytic logic and clarity the brought mous change in our moral and intellectual intellectual and moral our in change mous and silk breast-pocketand silk stood handkerchief, of them deepened and gave articulate articulate gave and deepened of them ofthe part latter the during environment enor an for responsible jointly were cans Ameri different very two These domain. philosophical ofthe image my in of color unworldly, Rawls’s and hedonism elegant vivid. more even He planet. another from avisitor as out shoes, and abstracted air made the contrast contrast the made air abstracted and shoes, on one of themost famous coursesin legal education, the The juxtaposition of Dworkin’s worldly, worldly, Dworkin’s of juxtaposition The

first met ronald dworki ronald met first years ago in the bar of one of those of one of those bar the in ago years where conventions of the American American of the conventions where Philosophical Association always always Association Philosophical faceless, interchangeable hotels hotels interchangeable faceless, n 45 45 - - - -

Law’s Empire use of state power over those individu those over power state of use terms to a general, nonacademic audi nonacademic ageneral, to terms the alternative view that Dworkin devel Dworkin that view alternative the In facts. social essentially are is law the have this gift, greatly admired Dworkin’s Dworkin’s admired greatly gift, this have not did who Rawls, public. the for he wrote legal issues of our time. ofour issues legal large part on social facts, together with with together facts, onsocial part large what about facts that view positivism—the bution in our own day comparable to that that to comparable day own our in bution form to questions and arguments that that arguments and questions to form in this respect Dworkin had made acontri made had Dworkin respect this in about law, politics, and society in lucid lucid in society and law, politics, about and political urgent most the from arose als—though these moral facts depend in in depend facts moral these als—though tribute. memorable and a just consequence that when judges are faced faced are judges when that consequence the of justification the and of individuals rights the about facts moral essentially are is law the what about facts oped, legal Hart’s H.L.A. to response critical century— 19th the in Mill Stuart of John that said Rawls subjects. his or simplifying down watering way any in ence—without issues moral difficult explain to capacity general moral principles. The theory is theory The principles. moral general set out most fully in an early major work, work, major early an in fully most out set Dworkin’s legal theories developed in in developed theories legal Dworkin’s But Dworkin also did something else: else: something did also Dworkin But 1931 , published in 1986. It has the the 1986. It has in , published -- 2013 - - - -

1987 with the help of David Richards, Larry Larry Richards, David of help the 1987 with years before he started to teach at Yale, his his Yale, at teach to hestarted before years with a difficult , whether in law,whether of question adifficult with we subjected to critical analysis in that that in analysis critical to subjected we Dworkin’s tirelessness and his unforced unforced his and tirelessness Dworkin’s in initiated he that Philosophy and Law finally the theory of knowledge—specifi of theory the finally up conducting for the next 25 years. The years. 25 next the for conducting up that there was no alternative but to include include to but noalternative was there that believed Dworkin answer. noright is there exam for action, ofaffirmative tionality that is less interesting, but the constant constant the but interesting, less is that interest most ofthe some include time to us permitted which ofvalue, unity tial essen the in believed Dworkin things). thing) big one (who know hedgehogs tual Isa on play is a title The good. social the in and morality, in science, in means, that could that principles general in tigating - foun the reach to tried and sense, largest practicing at Sullivan & Cromwell for four four for &Cromwell Sullivan at practicing finance, on campaign or restrictions ple, published in 2011. He had become aphilos become He had 2011. in published together brought are interests these law. All intellectual motivation was always philo always was motivation intellectual ofmoral pursuit the and argument moral with judges that therefore, not surprising, It is it. settle to order in reasoning moral in ing work on these topics, as well as some some as well as topics, onthese work ing that material oftheoretical mountains individu equality, and liberty reconcile intellec between distinction Berlin’s iah opus, magnum his in the over him led ofmind disposition ical ing what the law is. law the what ing School came through the Colloquium in in Colloquium the through came School , they cannot avoid engaging engaging avoid cannot they adjudication, Sager, and me, and that he and I ended Iended and he that and me, and Sager, asingle in justice and community, ality, many (who know foxes intellectual and what so, if and truth, objective as a thing politi cover to concerns his deepen and clerking for Judge Learned Hand and then then and Hand Learned Judge for clerking ofdetermin process the in disagreement of legitimacy on the doubt not cast does This marriage. ofsame-sex or prohibition - constitu the about conclusions different to come will convictions moral different enthusiasm. He was a superb intellectual intellectual asuperb He was enthusiasm. was me impressed always that element conception. comprehensive and life human of vision comprehensive a offering power, and range of great opher such is there ofwhether question the cally and philosophy, moral general theory, cal expand gradually to career of his course inves hewas claim of whatever dations sophical. He sought understanding in the the in understanding He sought sophical. that mean it nordoes adjudication, such law, or constitutional common statutory, survive rational criticism. This philosoph This criticism. rational survive Though he began his career as a lawyer, lawyer, as a career his began he Though Dworkin’s greatest impact on the Law Law onthe impact greatest Dworkin’s Justice for Hedgehogs for Justice ------,

Sheila Lubetsky BirnbaumProfessor vince our opponents. Dworkin, by con by Dworkin, opponents. our vince we aren’t obliged to keep trying to con to trying keep to obliged aren’t we walked author the as soon as But work.” the economic analysis law, oftort amethod that hewould have to leave earlybecauseof departure asadismissal ofmy jobtalk.That gesture was reflective ofourensuing relation graciousness andinterest expressed by such critiqued years earlier. Hewanted to letme ological approach that Ronnie had devastatingly an invaluable form for ofsupport me. an extraordinary colleague were always along regrets for hisabsence. At thecolloquium, a priorcommitment. Iquicklyunderstood the trast, was always good for another round. round. another for good always was trast, He here. stories Dworkin’s of one steal to politi moral, of questions to answers the about keenly more cared Dworkin that picture the was door, Dworkin the through col week’s that for paper than-average to Ihave ideas. orher his about week the rather would he nothing was there that ship. He attended faculty workshops when I implied message. Mypresentation relied on host, always communicating the sense sense the communicating always host, loquium, he would look at me ruefully ruefully me at look would he loquium, perament is more unusual among philos among unusual more is perament by saying, “Be philosophical; don’t think don’t think philosophical; “Be saying, by of guest our with talking than doing be mattered. Like thetimewhenwe first met,the he made me feel as if my issues input on presented apaperorwould otherwisepass know thatIshouldn’tmisconstrue hisearly nie cameover, introduced himself, andtold me of Civil Litigation part oftheinterviewingpart process atNYU,Ron is to feel that we can let fundamental dis fundamental let can we that feel to is ring, dialectical the in of rounds number acertain after norm, the Ibelieve but far, distress great in evidently was who friend almost than view, right the to others ing of a thinner- discussion a preliminary for So long as anyone on the other side was was side other onthe anyone as long So that and unresolved, continue agreements that don’t ofus it.” Most quite about go - tem of quality This known. Ihave anyone alotof do to have to say, “We’reand going Imet and he when sometimes, that admit once overheard a woman comforting a comforting a woman overheard once I’m going think. might you than ophers convert about and theory, legal and cal, a and interest, and engagement of eager Mark Geistfeld spirited discussion was launched. was discussion spirited One thing that made this possible was was possible this made that thing One A few minutes before I was to give the job talkthatissuchanerve-wracking ------

This piece is adapted from a tribute Nagel Nagel tribute from a adapted is piece This Dworkin inDworkin 2006. Walzer, Frank Michelman, Robert Post, Post, Robert Michelman, Frank Walzer, Jürgen Habermas, T.M. Scanlon, Michael Michael T.M. Scanlon, Habermas, Jürgen years, I was privileged to be his NYU colleague who shared it with him will never forget. forget. never will him with it shared who land intellectual our shaped that writings work in these areas, including John Rawls, Rawls, John including areas, these in work wrote on the occasion of the the of occasion the on wrote Public Policy, Kennedy SchoolofGovernment, Littauer Professor ofPhilosophy and was remarkable andirreplaceable. were exemplars of the life of the mind: Dis most presented himself Dworkin Posner. Ber Sen, Amartya Shiffrin, Seana Fiss, Owen Sunstein, Cass Sullivan, Kathleen with truly egalitarian participation andno- with trulyegalitarian participation the Ronnie and Tom Show. That three-hour the philosophicallife ofNew York City, where discussion was always kept atthehighestlevel cussion ofthepresenter’s papercontinued colloquium was without doubtahighpointof and aregular attendee atthecolloquium that the mind at this institution, which those those which institution, this at mind the his company, to see him engage with oth with engage him see to company, his in be to a pleasure invariably It was humor. for another two hours, ledby Ronnie but joking thatIhadapostcard ofevery artwork personal charm and a wonderful sense of sense awonderful and charm personal of level astounding an displayed he person encountered Dworkin when particularly no leave would and going, battle the keep would he unconverted, and standing left joie de vivre. Dworkin leaves a legacy of alegacy leaves Dworkin vivre. de joie been most of the people doing important important doing people ofthe most been his love andknowledge (Iremember ofart. philosophy. Anothergoverning passion was holds-barred disputes. ButRonnie wasn’t all by itstwo conveners. The dinners following he andThomas Nagel ran, fondly known as he once owned.) Insomany ways, he ing a continuing celebration of the life of of life the of celebration acontinuing ing Richard and Parfit, Derek Williams, nard losopher and public intellectual. For almost dedication to to dedication Law American of Survey and style to criticism from all comers. In In comers. all from criticism to style and adversary. tireless equally an ers, and to feel the force of his irrepressible irrepressible ofhis force the feel to and ers, with together speed, logical and eloquence fluency usual his with responding quium, collo the to progress in work own his of termination, of graceful problems create could This unanswered. or reply objection Frances Kamm scape, but he is also responsible for creat for responsible also is he but scape, Among our guests over the years have have years the over guests our Among With thepassing ofRonald Dworkin, we have all lost a highly importantphi Annual Annual 20 ------

Thomas Nagel, butalsointheworld oflegal Jeremy Waldron

University Professor tion ofjudges never to give upontheirsense that the existing law demanded something the responsibility judges have to thelaws as dreamed of. Hewillbesorely missed, day Colloquium afternoon inLegal, Political, of them,even inthemostdifficultcases.He gal integrity deepenedour understanding of on legal principles galvanized and SocialPhilosophy thatDworkin ran with a whole.Above all,heemphasized theobliga saw ways to unite thestudyoflaw, ethics, and in the immense. Hewas atitaninthefield.His work for years enjoyed andprofited from the Thurs not onlyinourfaculty, where colleagues have political morality thatmostofushadnever philosophy. Dworkin’s contributions there were but hiswork andhisexample live on. Taking RightsSeriously(1977) Justice for Hedgehogs(2011) Justice inRobes (2006) Euthanasia,andIndividual Abortion, A BillofRightsfor Britain: Why British A Matter ofPrinciple (1985) Ronald Dworkin by Books Sovereign Virtue: The Theory and Is Democracy Possible Here? Principles Practice ofEquality (2000) Freedom’s Law: The Moral Reading of Freedom (1993) Life’s Dominion:AnArgument About Liberty NeedsProtection (1990) Law’s Empire (1986) the American Constitution (1996) for aNew Political Debate (2006) 1960s The passing ofRonald Dworkin on February and’ 14, (forthcoming, Religion withoutGod Reni, andto Tom Nagel. Dworkin’s finaland dedicated to hiswife, religious atheismis posthumous bookon 70

, has left ahuge2013, hasleft gap, s. Hisconception ofle 2013)

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45 THE PEOPLE 46 WWW.LAW.NYU.EDU “not quite straightforward.” straightforward.” “not quite Alumna of the Year, sees herself less as a as less herself Year, sees ofthe Alumna 1927, she graduated from college two years years two college from 1927, graduated she with a Bunsen Burner Bunsen a with brought a can-do spiritbrought to acan-do in science careers andthelaw. Coming of age during World War Pauline II, Newman ’ Riveter, the Rosie T women ferried bombers overseas, women women overseas, bombers ferried women Reagan. She was the first woman to beto woman first the was She Reagan. pioneer than a product of her time. Born in in Born time. her of aproduct than pioneer fought fires and patrolled the streets,” she she streets,” the patrolled and fires fought ment positions in industry. in positions ment associations, law and ofscientific number from Vassar College in 1947 was to become a a become to 1947 was in College Vassar from also was notes, she as satisfying,” narily “extraordi while path, career her result, much very Iwas woman, “As ayoung recalls. - tra every into moved women mobilization, and to hold various research and manage and research various hold to and after World War II. “During that era of total total of era that “During II. World War after President by judge appellate an appointed aware that women could do anything.” doanything.” could women that aware enough to practically touch the floor. As a floor. the touch practically to enough industry, heavy into women recruited ers post Riveter the job:Rosie male ditional large of a director or officer an as elected Yet Newman, the NYU Law Women 2013 Women 2013 Law NYU the Yet Newman, Newman’s initial plan after graduating graduating after plan initial Newman’s Even so, the glass ceiling was still low low still was ceiling glass the so, Even he phrase he She was the first woman to be to woman first the was She of Judge Pauline Newman’s career. career. Newman’s Pauline of Judge descriptions in frequently occurs

“the first woman to...” woman first “the

- - - Yale University. She turned to industrial industrial to turned She University. Yale NYU Law campus, and she often stopped in in stopped often she and campus, Law NYU while working at FMC during the day. “It the during FMC at working while was offered a job “no respectable scien respectable job a “no offered was Company, but she confessed her wander her confessed she but Company, I was getting quite hungry, I took it.” To Itook hungry, quite getting I was University and a PhD in chemistry from from chemistry in aPhD and University turned out that I liked the law, very much,” law, very the Iliked that out turned tist would take”—writing patent appli patent take”—writing would tist her down, she switched her sights and got got and sights her switched she down, her her surprise, “it wasn’t quite as dreary as I as dreary as quite “it wasn’t surprise, her lust to the Law Women, and as soon as as soon as Women, and Law the to lust ping, she confesses, on “all the fascinating fascinating the “all on confesses, she ping, research with the American Cyanamid a ticket to Paris on the SS SS the on Paris to a ticket Columbia from science pure in MA an at a bar favored by law students, eavesdrop students, law by favored abar at French. in it’s as ordered long as this to that boasts Newman Saint-Louis. conversations about .” Soon she was a a was she Soon torts.” about conversations the past her took commute Her expected.” since Corporation—“but FMC at cations drink— mixed any up serve can she day turned schools medical 12 after But doctor. stayed there for six months, funding her her funding months, six for there stayed bought she money enough saved had she student herself, attending classes at night night at classes attending herself, student Ile on the aboîte in bar tending by sojourn Upon her return to New York, she New to return her Upon

Ile de France de Ile 58

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“The same postwar era that has opened so opened has that era postwar same “The Valley. Newman was in the right place at the the at place right the in was Newman Valley. 62 she served as a science policy special policy ascience as served she 62 your options open, your mind open, and and open, mind your open, options your Newman says. “The law summoned the summoned law “The says. Newman weight you put on the intellectual property property intellectual onthe put you weight the for been, has sit to privileged Iam which when the fruit orchards south of San Fran ofSan south orchards fruit the when Medal, NYU Law’s highest alumni honor. alumni highest Law’s NYU Medal, Property Fellowship to encourage young young encourage to Fellowship Property US economy—“depending on how much much onhow economy—“depending US that comes not from government subsidy subsidy government not from comes that to serve a host of legal and scientific orga scientific and oflegal ahost serve to 1961- in and career, Newman’s shape to that, too. But I can promise you that in the the in that you promise Ican But too. that, do to you urge Iwould Paris, to go and thing but filled, be to gaps many remain there has delighted me.” delighted has every dump to urge irresistible the have tech ofthe growth the guide helped has law, the future will delight you. It certainly It certainly you. delight will future law, the that understand well “I says, she profession, Vanderbilt the awarded was she 2001, law. In and of advancing core the at years, 30 past became director of the patent, trademark, trademark, patent, ofthe director became between 60 percent and 78 percent of the ofthe percent 78 and percent 60 between ingenuity, supported privately from but much of which has flowed from entrepre from flowed has ofwhich much seen has women for opportunities many credentials. right the with and time right Sciences ofNatural Department the in ist mistic for the future.” She advises, “Keep “Keep advises, She future.” the for mistic Ihave changes of the perspective the from onaprofes back look can Newman nings, for accounts now which industry, nology on court The competition. and investment, law,” of patent focus the is neurship—which for the Federal Circuit. It was 1984, a time atime 1984, It was Circuit. Federal the for before.” years science, to me nizations. “It undoubtedly eased the next next the eased “It undoubtedly nizations. and licensing department, and continued continued and department, licensing and she 1969 in FMC, at Back UNESCO. at academics to develop an interest in patent patent in interest an develop to academics Intellectual Newman Pauline the as well as nation’s purpose.” the to law that adapting only incentive to commercial investment investment commercial to incentive only extraordinary technological advances, advances, technological extraordinary observed during my lifetime, I am opti I am lifetime, my during observed Professor Newman Pauline the endowed notes. she component,” cisco were being transformed into Silicon Silicon into transformed being were cisco sional life rich in recognition. At NYU she she NYU At recognition. in rich life sional so many people knew me.” knew people many so “because notes, she career,” my in step attracted had that mind of my parts same see what opportunities turn up. And if you you if up.And turn opportunities what see Dreyfuss, Rochelle by held now of Law, ship the provides system patent “The says. she That step was the US Court of Appeals Appeals of Court US the was step That To women thinking of entering the legal legal the ofentering To thinking women Her scientific background continued continued background scientific Her Despite her career’s uncertain begin uncertain career’s her Despite Newman ajudge, as years 29 her In Catherine Fredman Catherine ------

JENNY RIVERA: AP IMAGES / MIKE GROLL Treasury Secretary Jacob Lew saidthat April 28,000 female employees alleging 1996 Root-Tilden-Kern Scholarship Opportunity Commission. (A third, An Mart StoresMart Inc.v. Dukes , thebiggest Specializing incivilrightsclass actions News Capital Meade’s “impressive grasp ofawide v. The BoeingCompany, inwhichshe Previously, Yang served asasenior the US Department oftheTreasurythe USDepartment and trial attorney intheCivil RightsDivi- transportation secretary aweek later.) thony Foxx ’96,would benominated as discrimination class actioninhistory. class: Two members were confirmed counsel oftheTreasury in2010 and as amemberoftheEqual Employment and wage andhourcollective actions, at Cohen Milstein Sellers &Toll. appointed principaldeputy general sion of the Department ofJustice.sion oftheDepartment scope andcomplexity.” set oflegal andpolicymatters ranging sel since lastJune.Inastatement, sex discrimination,andalsohelped successfully represented more than she worked oncasessuchasBeck forward withinitiatives ofimmense from thetaxcode to terrorism finance by theUSSenate, asgeneral counsel of has beenandwillbevitalaswe move has served asactinggeneral coun- represent 1.5millionwomen inWal- Jenny Yang ’96was apartner Christopher Meade’96was 25, 2013, was abigday for the - R Bench to Blackboard From walked me to school, she brought me home home me brought she school, to me walked Puerto Rican. Even if I hadn’t learned about about learned Ihadn’t if Even Rican. Puerto high-rise Manhattan alower at Latinos firmation press conference. “When it comes comes it “When conference. press firmation to problems facing New Yorkers—immi New facing problems to expe judicial limited ofher because tions transformed Rivera: “I understood that that “Iunderstood Rivera: transformed highest court to come directly from the the from directly come to court highest protest of housing discrimination against against discrimination ofhousing protest inequality at school, I learned about it about Ilearned school, at inequality rights issues, people who are victims of victims are who people issues, rights Cuomo Andrew Governor but rience, Univer (the City school of alaw faculty at lunch. Where she went, I went.” Iwent.” went, she Where lunch. at She apartment. tenement our in me and appointment stirred Republican objec Republican stirred appointment state’s the to appointed judge first the is She discrimination, people who are victims of of victims are who people discrimination, line.” picket on the mother my was world “My says, Appeals, of everyone in the picket line was like me, like was line picket the in everyone grants, working families, people with civil civil with people families, working grants, - a post-con at said Cuomo court,” greater staunchly defended her. defended staunchly Her court. the on serve to Latina second the and Law) of York New of School sity “She is going to make a great court a court agreat make to going is “She Accompanying her quiet mother to a to mother quiet her Accompanying Rivera’s appointment is a historic one: one: ahistoric is appointment Rivera’s ecalling her 1960s childhoo Rivera ’85, one of the newest newest ’85, one of the Rivera judges of New York State’s Court York ofNew State’s Court judges on the Lower East Side, Jenny Jenny Side, East Lower the on d - - - -

Attorney General Cuomo as special dep special as Cuomo General Attorney New York. New York New then for York. worked She New with impressive legal experience, rooted rooted experience, legal impressive with says.” law ofthe body the what CUNY for 15 years, where she was founder founder was she where years, 15 for CUNY Latina Rights and Equality. The center center The Equality. and Rights Latina admin an as served and Fund, Education District Court for the Southern District of District Southern the for Court District US Supreme Court Justice Sonia Soto Sonia Justice Court Supreme US uty AG for civil rights. She has also been been also has She rights. AG civil for uty that people are dealing with and she knows knows she and with dealing are people that however, lies in teaching—first, briefly briefly teaching—first, in lies however, predatory lending—she knows the reality reality the knows lending—she predatory by justice and, she says, to do nothing short short donothing to says, she and, justice by for legal reform. reform. legal for Rights. Human for Division NYS the for judge law istrative US onthe served Sotomayor when mayor now for clerked She justice. social in investigates issues affecting the Latino Latino the affecting issues investigates and director of the Center on Latino and and onLatino Center ofthe director and at then School, Law University Suffolk at and Defense Legal Rican Puerto the and Society Aid Legal the both for a lawyer of an excellent job in serving the people of people the serving in job excellent of an guided be to vows she ajudge, As change. the with States, United the in community goal of developing progressive strategies strategies progressive ofdeveloping goal shaped her life commitment to social social to commitment life her shaped The majority of Rivera’s experience, experience, Rivera’s of majority The Rivera’s experiences are no doubt what what nodoubt are experiences Rivera’s position the to comes Rivera Indeed, Christine Pakkala Christine - - -

47 THE PEOPLE 48 WWW.LAW.NYU.EDU This past spring, Barkow’s achievements as as achievements Barkow’s spring, past This Award, which is given to outstanding fac outstanding to given is which Award, T York University. The award recognizes recognizes award The York University. New from Award Jr. Faculty King Luther Dr. Martin of the recipients year’s of this A Example by Leading NYU’s All-University Selection Committee, Committee, Selection All-University NYU’s NYU’s intellectual life through teaching. which makes the final decision. Winners Winners decision. final the makes which Center on the Administration of Criminal ofCriminal Administration onthe Center Law, is beloved by her students is an under an is students her by beloved is Law, Expanding Students’ Horizons Students’ Expanding ulty members across the university who who university the across members ulty mentor. and teacher their describe to use the adjectives current and former students students former and current adjectives the have made a significant contribution to contribution asignificant made have istrative law and , is renowned renowned law, is criminal and law istrative teaching outstanding oftheir recognition by examined then are which nominations, and mentorship. “For Professor Barkow, Barkow, “For Professor mentorship. and accessibility her for students her among when recognized formally were a teacher accomplishments. of the award receive $5,000 and a medal in in amedal and $5,000 receive award of the of afew just are patient and encouraging, she received NYU’s Distinguished Teaching Teaching Distinguished NYU’s received she statement. Inspirational, life-changing, Barkow, who teaches courses in admin in courses teaches who Barkow, Students, faculty, and alumni submit submit alumni and faculty, Students, o say that rachel barkow rachel that o say Family Professor of Regulatory Law Law of Regulatory Professor Family and Policy and faculty director of the of the director faculty and Policy and Immigrant Rights Clinic, was one was Clinic, Rights Immigrant ofthe ’05, Das co-teacher Alina Law professorssistant

of Clinical of Clinical , Segal Segal - - - class when he was a was he when class Law Administrative from the entire university to be recognized. be to university entire the from members faculty one of six was Das munity. - com NYU greater the and classroom the in impact positive their reflects also it and ing, teach and research, scholarship, through professors who exemplify King’s spirit spirit King’s exemplify who professors Barkow’s nomination. “I can say categor say can “I nomination. Barkow’s so, much So gripping. was Rachel’s hands, teaching isn’t just a necessary part of her of her part anecessary isn’t just teaching to her students is particularly remarkable remarkable particularly is students her to ofadministrative aprofessor become to law,” said Bagley in his letter of support for for support of letter his in Bagley law,” said to “It’s noexaggeration academia. legal classroom.” her left job description; it’s her passion. She takes takes She it’s passion. her description; job ically that I wouldn’t be doing what I’m what doing be I wouldn’t that ically desire own my cemented it that fact, in Michi of University the at law of fessor they’ve after years for students mentors devel professional and personal their in nation, adding that Barkow is “the kind of kind “the is Barkow that adding nation, a keen interest in her students and invests invests and students her in interest a keen doing today were it not for Rachel’s class.” not for it were today doing in career future his shaping with course and subjects, dense otherwise to clarity brings horizons, expands who educator nomi his ’14 in Levy Alex opment,” wrote gan Law School, took Barkow’s Advanced Advanced Barkow’s took School, Law gan say that Advanced Administrative Law, in in Law, Administrative Advanced that say this credits he and Law, NYU at student The care and attention that Barkow gives gives Barkow that attention and care The Nicholas Bagley ’05, an assistant pro ’05, assistant an Bagley Nicholas mentor, demonstrating mentor, demonstrating and a friend as serve to fails never Alina ule, sched busy her “Despite award. the for Das nated nomi who students Clinic Rights Immigrant of of a group on behalf ’14 Rockoff Jesse wrote effective practitioners,” as serve to them paring pre and problems urgent address to ability the with students law ping teaching: equipclinical of goals the embodies work Alina’s career…. school law my during I’ve made decision best the been has professor my as Alina having and “Attending the clinic ------

Clinic in the the in Clinic Rights Immigrant ofthe leadership their for honored also ’81 were Morawetz Nancy and Das Bender. Matthew LexisNexis by given Law, Immigration in Achievement standing Out for Award Memorial Levy Daniel the interest.” public the and concerns, humanitarian equities, favorable consider to power of the adjudicators tion amounts of marijuana “deprives immigra small with caught are they when felons aggravated as noncitizens labeling that argued brief The professors. law gration immi 80 than ofmore ’13 onbehalf Wells Jordan ’13 Suen and Pierce students clinic and Das by written brief amicus an also but Law,” Immigration in Analysis Categorical Resurrecting Convictions: Criminal of ties Penal Immigration “The Das’s article, 2011 only not cites opinion majority mayor’s Soto Sonia Justice ofmarijuana.” amount asmall of sharing “social for deported automatically not be should noncitizen Holder v. In too. Court, Supreme the of attention the attracted have clinic the basis.” onaday-to-day building community and ofinclusion spirit the list of “Lawyers Who Lead by Example.” Example.” by Lead Who of“Lawyers list Barkow will serve on the commission commission onthe serve will Barkow Obama nominated Barkow to the US Sen US the to Barkow nominated Obama through October 2017. Luckily, this posi this 2017. Luckily, October through in June, Confirmed Commission. tencing to teach, mentor, and inspire students of students inspire mentor, and teach, to pro as a role her with not conflict will tion ments. Just this spring, President Barack Barack President spring, this Just ments. fessor at the Law School. Even with this this with Even School. Law the at fessor added responsibility, Barkow will continue continue will Barkow responsibility, added criminal and administrative law. given her own impressive range ofcommit range impressive own her given This year, too, Das is the recipient of recipient the is Das too, year, This of work the and work Das’s scholarly , the Court ruled in April that a that April in ruled Court , the New YorkNew Journal Law Moncrieffe ’s 2012 ------

“investigate” the political debate surround debate political the “investigate” 23 kindergarten students will sit upon their their upon sit will students kindergarten 23 G todebt improving public education, one block at atime. Veteran lawyer Peter Levin from has restructuring shifted TeachableA Moment vate schools, Levin changed careers partly partly careers changed Levin schools, vate worked as an assistant fourth- and fifth- and fourth- assistant an as worked if society that to happens what right, were don’t who have children to available were pri attended also who sons two raised wife, his with and, schools private attended who firm, is at full throttle in a second career as as career second in a throttle full at is firm, their teacher’s help, the kids plan what what plan kids the help, teacher’s their to and had” children my that resources the Yorker New Anative 343. PS at teacher the at counsel senior currently and 2010 to he chaos,” of level the marginally “reduce to teaching experience. experience. teaching he has a very good sense of who they are.” they ofwho sense good avery has he Siena Maggie here,” Principal him have to “It’s exciting education. public in hire public education is failing?” is education public public education was the key to asuccess to key the was education public free universal ago, years 180 schools public kids respond well to him,” she says, “and says, she him,” to well respond kids her. “The join to him invited she fall, last kinds of structures they want to build build to want they ofstructures kinds legal career, makes Levin an attractive attractive an Levin makes career, legal blocks, some as big as the children. With With children. the as big as some blocks, options what “know to wanted he because just blocks sit pony castles and jungles. and castles pony sit blocks just in noisy activity. Soon, where there were were there where Soon, activity. noisy in foam blue with building is activity noon he and principal was she where Tribeca, in successful his mention not to mitment, they “If says. Levin society,” democratic ful practical gaining by education public ing guide as a acts tape The lunch. from return room. bright and warm this in ing a gentle reminder from their teacher. teacher. their from reminder agentle ing an early-childhood and elementary school school elementary and early-childhood an activity is carefully designed—drawing designed—drawing carefully is activity erupts room the then teams, choose and of the five-year-olds, with just a few need few a just with five-year-olds, of the open PS 343 in the renovated courthouse renovated the in 343 PS open his where spots marking floor,on ablue grade teacher. When she was tapped to tapped was she When teacher. grade sional.” Siena worked with Levin at PS 150 PS at Levin with worked Siena sional.” profes “a consummate Levin calling says, most for trick the It does agrin. with says “For many of the people who first created created first who people ofthe “For many That kind of thoughtfulness and com - and thoughtfulness of kind That Although it looks spontaneous, the the spontaneous, looks it Although For Levin’s kindergarteners, the after the kindergarteners, For Levin’s 1989 from Polk Davis at apartner Levin, tape yellow putting is Levin Instead, iven the location the iven is doing something related to law law to related something doing is ’81 Levin Peter that assume might former Tweed Courthouse—you Tweed Courthouse—you former — inside the the inside ------

“If you had a personal or professional issue, issue, orprofessional apersonal had you “If America and JPMorgan Chase. As a partner apartner As Chase. JPMorgan and America words, such as Argentina, Bear Stearns, Stearns, Bear Argentina, as such words, master’s joint earned recently Levin where English. Levin chose NYU Law because so so because Law NYU chose Levin English. Royal ofthe amember was teacher English inter agenuine with coupled was Kyrwood, more. many and Enron, Steel, Bethlehem blocks?” the up keep to going you are How that were not supposed to collapse,” in his his in collapse,” to not supposed were that the classroom.” A Spanish teacher served served teacher A Spanish classroom.” the he says. His teachers “brought the world into into world the “brought teachers His says. he and over it talk to time the take would he been Levin’s plan. “I knew when I was in in Iwas when knew “I plan. Levin’s been astructure? build to take it does blocks blocks can teach the kids a host of things, ofthings, ahost kids the teach can blocks but only after I’d done a lot of other things,” I’d things,” alot done ofother after only but including the collapses of “lots of things ofthings of “lots collapses the including advised Levin Group, Credit Polk’s Davis in of Bank like titans for debt restructuring “The explains. Levin learn,” to kids the for in the Spanish merchant marine, and an an and marine, merchant Spanish the in teach, to wanted I that grade orfifth fourth Shakespeare Company. As a senior in high high in a senior As Company. Shakespeare offer frank, useful advice.” useful frank, offer est in the well-being of young associates: associates: ofyoung well-being the in est Jason partner oflaw,” says knowledge dic problems financial on complex clients way important avery is “Play education. elementary and early-childhood in degrees College, Street Bank at course on agraduate such as counting or science—how many many science—how or counting as such school, Levin helped teach ninth-grade ninth-grade teach helped Levin school, At the firm, his “legendary encyclope “legendary his firm, the At Teaching as a second career has long long has career a second as Teaching Restructuring blocks is a far cry from from cry a far is blocks Restructuring - -

’55 as a “perfect example of someone who who ofsomeone example ’55 a“perfect as Partnership, and Employment: ATransac Employment: and Partnership, 2001 to 2009 and now sits on the New York New onthe sits now and 2009 to 2001 what I did before. And to them it doesn’t it them to And before. Idid what Manhattan Community Board No. 4 from No. 4 from Board Community Manhattan tional Approach tional City Planning Commission. “It’s always “It’s always Commission. Planning City curricula provides which Institute, Center Battle Fowler law firm, she left to serve on serve to left she firm, law Fowler Battle tional slant. He has done work for the Lincoln Lincoln the for work done He has slant. tional the light go on. They radiate back to you to back radiate They on. go light the had done a lot of other things,” including including things,” alot done ofother had he leans forward and whispers, “He lets us us “He lets whispers, and forward leans he you’ve done.” well how see you you’ve succeeded, “When says. he plete sense. After her own career as gen as career own her After sense. plete general as serving afirm, at law practicing put it, “Peter’s awesome.” Eyes widening, widening, Eyes awesome.” “Peter’s it, put been important for us to do something do something to us for important been for our community,” she says. “Besides, “Besides, says. she community,” our for for schools. Recently, he joined the board of of board the joined he Recently, schools. for Slain John Professor He remembers rience. expe real-world had professors of its many really matter.” Or, as one kindergartener kindergartener one Or, as matter.” really who children are “There life. ayoung ing influenc ofpositively satisfaction mense repotted.” be to needs plant every said, once a friend As nating. at Yale, his gear switching makes com makes switching gear his Yale, at alumni. are nieces three and sons ofhis one ofwhich YearAbroad, School arrive with a range of emotional situations,” situations,” ofemotional arange with arrive eral counsel for LVMH and a partner at the the at apartner and LVMH for counsel eral book, law aseminal co-authoring 1980 in and company, ofapublic counsel dissect fish.”dissect rejuve intellectually is careers changing spouse when both were undergraduates undergraduates were both when spouse For Anna Hayes Levin ’80, who met her her met ’80, who Levin Hayes For Anna educa an has often work bono pro Levin’s He adds: “Most of them don’t have a clue don’t aclue have ofthem “Most He adds: im- the also is there Levin, For Peter Christine Pakkala Christine . Agency, Agency, ------

49 THE PEOPLE 50 WWW.LAW.NYU.EDU newly electedCongressman Peters Scott of Diego. San A budget crisis—and resolution—is alesson learned for Political Is Experience N Diego in a position to spend again on infra again spend to a position in Diego up more than a billion dollars in the red. the in dollars abillion than more up to accept new pension agreements, cut agreements, pension new accept to ting spending, and eventually putting San San putting eventually and spending, ting of investigation afederal triggered tor, and his saw Peters Council, City Diego San the of president As ofgovernment. size the and spending over fights acrimonious to nostranger is however, ’84, Peters Scott tive prefer to put behind him. During his 2012 2012 his During him. behind put to prefer nent, Republican incumbent Brian Bilbray, Bilbray, Brian incumbent Republican nent, ofcongres cycle endless and debt federal Sanders, that’s what the Peters-led city city Peters-led the what that’s Sanders, ated in an inquiry—but not spared the task task the not spared inquiry—but an in ated his and Peters Diego’s offerings. bond San cri afiscal in engulfed hometown adopted attacks for his voting record on the city bud city on the record voting his for attacks council did, pushing public employees employees public pushing did, council campaign, however, he endured withering withering endured he however, campaign, Diego’s finances. San around of turning exoner ultimately were colleagues council prosecu city zealous and a officials elected between combat of years off set of office, get. Peters ultimately defeated his oppo his defeated ultimately Peters get. sional budget battles. budget sional structure and community development. community and structure ended system pension public the when sis The budget meltdown drove a mayor out out mayor a drove meltdown budget The It’s probably an experience Peters would would Peters experience an It’s probably Jerry Mayor Republican by Backed Representa US Democratic First-term ew members of congress members ew the scale of the nation’s problems, nation’s problems, ofthe scale the arrive in Washington agape at agape Washington in arrive starting with the upward-spiraling

often often ------Agency after graduating from Duke Uni Duke from graduating after Agency you gave them a plan for how to deal with with deal to how for aplan them gave you voters about really how to save Medicare Medicare save to how really about voters $3 million nearly spending votes—after versity and found himself drawn to NYU NYU to drawn himself found and versity worked at the Environmental Protection Protection Environmental the at worked Security, Social and on it, depend who Diego,” Peters says, reflecting on the pen the on reflecting says, Peters Diego,” understood if you told them the truth and and truth the them told you if understood that we could.” we that to the public interest. public the to how to use the law to change things,” Peters Peters things,” change to law the use to how his wife, Lynn, landed on the West Coast. Coast. West onthe landed Lynn, wife, his ple didn’t like to hear bad news, but they they but news, bad hear to like didn’t ple by being bent on slashing away at govern at away onslashing bent being by serving for preparation perfect the been 7,000 points—around percentage 2.5 by in the 113th Congress. 113th the in money. family and personal in ment and public development. public and ment he minister, Lutheran of a son The ment. it, that over time we could adapt.” could we time over that it, and make sure that it’s there for people people for it’s there that sure make and apolis firm Dorsey & Whitney, Peters and and Peters Whitney, & Dorsey firm apolis commitment ofits because of Law School - environ the to related on issues change with talk to willing were we if that dence sion battles. “What we found was that peo that was found we “What battles. sion says. For himself, Peters hoped to effect effect to hoped Peters For himself, says. “We learned some good lessons in San San in lessons good some “We learned After a stop at the white-shoe Minne white-shoe the at a stop After Peters obviously didn’t get into politics politics into get didn’t obviously Peters confi tremendous have “I He adds: have may that all orworse, For better Students there were “thinking about about “thinking were there Students ------

“He was always the guy who could broker broker could who guy the always “He was “There’s a tremendous sense that every that sense tremendous “There’s a humor the side, bright the found “always There, he began to build a reputation in reputation a build to began he There, You have to sort that all out in figuring out out figuring in out all that You sort to have which is, ‘Go solve problems and stop stop and problems ‘Go solve is, which who litigated high-profile disputes over over disputes high-profile litigated who were very, very difficult times for the city of city the for times difficult very very, were prac private in Peters with worked who Maas met Peters when the latter was serv was latter the when Peters met Maas Club in the mid-1990s. Maas was seeking seeking was Maas mid-1990s. the in Club California for a cross-country commuter commuter across-country for California He won seats on the House Armed Services Services Armed House onthe seats He won fight hard to defend. to hard fight their values, their insecurities, their egos. egos. their insecurities, their values, their things among warring factions.” warring among things private in community—first Diego San the tice, echoes that description, saying he saying description, that echoes tice, humored attorney determined to find areas areas find to determined attorney humored how you’re going to work with them. The The them. with work to you’rehow going economy. local his party lines to support Peters for Congress. Congress. for Peters support to lines party counsel county adeputy as then practice, local city council on which he served. served. he onwhich council city local bickering.’” bickering.’” the and national the between similarities sees He also Peters. be,” says to have he’ll a district job, representing impressed by Peters’s skill and fair-mind and Peters’s skill by impressed Sierra the for attorney bono apro as ing mittees, overseeing areas of importance to to of importance areas overseeing mittees, tackle. to hopes Peters issues only not the Council—they’re City Diego San the for marvelously.” easy always wasn’t That everything.” in federal office, trading a sun-soaked life in life sun-soaked a trading office, federal a development project and walked away away walked and project a development the for and & McKenzie Baker firm the at Diego. ofSan asuburb Marcos, San in facility waste-disposal a controversial aren’t nine of them—there are 435,” he says. says. 435,” he are of them—there nine aren’t adolescent an is Diego] [San but admirals, com Technology and Space, Science, and just performed he and a lot ofpressure, under “He was says. Naughton Diego,” San edness as a negotiating partner. a negotiating as edness of compromise. good- earnest, an as him describe county one heard the same thing from the voters, the from thing same the heard one there here that is here challenge obvious to it’s going what into It’s developing city. were they as agenda—just congressional “Those official. acity as Peters’s time during go to Washington,” says Maas, who crossed crossed who Maas, says Washington,” to go support from the environmental group for for group environmental the from support “He’s exactly the kind of guy who should should who ofguy kind the “He’s exactly “We love our surfers and we love our our love we and surfers our “We love “You have a bunch of people who have have who ofpeople abunch “You have That, after all, is why he says he ran for ran he says he why is all, after That, Colleagues who worked with Peters Peters with worked who Colleagues Republican real estate developer Fred Fred developer estate real Republican If deficits and debt are at the top of the the of top the at are debt and deficits If San Diego attorney Pamela Naughton, Naughton, Pamela attorney Diego San Alexander Burns - - - - -

SCOTT PETERS: CHRIS STONE / PATCH : AP IMAGES / FRANK FRANKLIN II How’d He It? Do 1978 GI Billwould pay for law schoolatNYU, Grace A. Stokes Professor ofLaw, re- flected onthe Koch hehadknown since Rebuilding ofNew York City, says Koch’s who was notacollege graduate, get Edward Koch ’48 Dorsen. “Law schoolwas away station television judge, radio talk-show host, three-time mayor ofNew York City this little-known gem: How didKoch, to Koch andnoted CCNY’s academic to thecareer thathewas very good at.” the late 1950s. “Ed was avery intelligent 88. Amonghismany achievements is edly said.Koch was in. city during12tumultuousyears from essential to hispoliticalcareer. author, newspaper columnist, and admission was “actually kindofamaz at any otherschool,” Kaufmanreport at theCity College ofNew York. The guy, buthewas nolegal thinker,” says in ahurryonhisreturn home.The new into NYULaw? ing” andthathisNYUyears were movie reviewer, diedinFebruary atage professor andauthorofEd Koch andthe rigor. “Two years atCCNY isfour years more informal then.Kaufmanlistened passing by. Admissions interviews were balked atthelackofabachelor’s degree. professor reviewing Koch’s application but Koch hadonlycompleted two years program inneglected neighborhoods. pioning anambitiouspublichousing bankruptcy inthe1970 like otherWorld War IIveterans, was Jonathan Soffer, NYU-Poly history As hissister Pat Thaler recalls, Koch, Most significant, Koch ledthe Luckily, Professor Paul Kaufmanwas Norman Dorsen, Frederick I.and to 1989,steering to itfrom near- , thecolorful, s andcham-

, - - “Randy Hertz’s Juvenile Defender Clinic Clinic Defender Juvenile Hertz’s “Randy Asian Women’s (NYAWC), Center where Asian yering professor at NYU Law who was was who Law NYU at professor yering were who immigrants Chinese young P Server Dedicated A victims of human trafficking. “Lau trafficking. ofhuman victims Burke’s supervising attorney when she she when attorney supervising Burke’s youth provides that organization Door, an herself. developed she which Clinic, Law Youth School’s Brooklyn acoopera DIY), Youth (Atlas Immigrant every won has Burke list, &Policy” Law to named Recently uation. During her fellowship, Burke Burke fellowship, her During uation. tic legal service programs in every organi every in programs service legal tic holis innovative, ofcreating record track tive empowerment center for young immi young for center empowerment tive client your if crazy, are think people that things ofdoing afraid be not to me taught tims at the Door made her a perfect fit to fit aperfect her made Door the at tims had been flooded. This act of generosity generosity act of This flooded. been had to roommates her convinced she hit, human beings,” says Jason Cade, alaw Cade, Jason says beings,” human pending. But even more impressive is her her is impressive more even But pending. but three public interest jobs—very well. well. jobs—very interest public three but Sandy Hurricane After norm. the beyond zation where she has worked. The founder founder The worked. has she where zation indefatigable lawyer—she holds not one, holds lawyer—she indefatigable says. it,” Burke needs home whose offive family immigrant interned at the Door. “She was mature mature was “She Door. the at interned ofmost that surpasses far ren’s energy Skadden Fellow for two years after grad after years two for Fellow Skadden a as there served then student, alaw as York New the for attorney in-house the as Developing ofAtlas: director executive and experience working with trafficking vic trafficking with working experience work.” legal the doing actually as success aclient’s for critical under she intern, an as even that enough caring and enough, sophisticated enough, for program mentorship apeer created there interned She services. development one appeal—with oron court in either case however. Burke, to extreme not seem does gram from the ground up. She also teaches teaches also up.She ground the from gram serves also Burke allies, their and grants she built the pro bono legal services pro services legal bono pro the built she an with apartment Brooklyn their share stood that social determinants are just as as just are determinants social that stood develop the pro bono program at NYAWC, NYAWC, at program bono pro the develop Burke’s fluency in Mandarin and her and Mandarin in fluency Burke’s the at chops her earned first Burke the served has mantra this Following which now represents more than 100 100 than more represents now which ublic interest lawyers interest ublic Burke ’09 displays a dedication far far adedication ’09 displays Burke erally a devoted group, but Lauren Lauren but group, adevoted erally clients, primarily women, who are are who women, primarily clients, survivors of domestic violence, violence, of domestic survivors sexual assault, and human human and assault, sexual Forbes ’ “30 under 30: ’ “30 under

are gen are ------

January 2012. (The children in the family family the in children (The 2012. January who reports to Burke. to reports who traumatic very discussing doinvolves we Childhood Arrivals (DACA), which allows allows (DACA), which Arrivals Childhood Lauren about how to interact with clients clients with interact to how about Lauren Door, Burke’s goal for Atlas DIY is not only not only is DIY Atlas for Door, goal Burke’s filed and cases DACA two won had DIY undocumented individuals who arrived in in arrived who individuals undocumented trafficking. “I’ve learned so much from somuch learned “I’ve trafficking. tion,” Burke says. “I want them to be the the be to them want “I says. Burke tion,” organiza our at happens what decide to has she later, years Twenty hair. her cut to undocu for assistance legal provide to prosecutorial defer 16 to age before US the hugely important because the legal work work legal the because important hugely holistic legal service at NYAWC and the the and NYAWC at service legal holistic her own behalf. “I want the young people people young the want “I behalf. own her pants.) Both she and the center have been been have center the and she Both pants.) particularly active since the Obama admin Obama the since active particularly person has the confidence to act on his or his on act to confidence the has person but she wants to ensure that every young young every that ensure to wants she but become active agents of change. Burke Burke of change. agents active become moved on to bigger issues of social justice, justice, ofsocial issues bigger onto moved mented immigrant youth but also to cre to also but youth immigrant mented Atlas of2012, end the By action. removal for Action Deferred implemented istration in founded she that youth immigrant for is largely focused on Atlas DIY, the center center DIY, the onAtlas focused largely is and develop client relationships, which is is which relationships, client develop and ate a place that enables young people to to people young enables that aplace ate experiences and very personal things,” things,” personal very and experiences ones who have the power.” the have who ones more. 60 to close says Colleen Duffy ’11, an NYAWC attorney NYAWCattorney an ’11, Duffy Colleen says she recalls, fighting her parents for the right right the for parents her fighting recalls, she nine, of age the at protest first her staged partici DIY Atlas were Sandy by stranded These days, Burke’s remarkable energy energy remarkable Burke’s days, These Drawing on what she learned about about learned she onwhat Drawing Rachel Burns Rachel - - - - -

51 THE PEOPLE 52 WWW.LAW.NYU.EDU How Connelly thethree found their brothers way to NYU. Law in Brothers T where he eventually became a Reynolds aReynolds became eventually he where Creedon Scholar. He studied business and and business He studied Scholar. Creedon hardworking the is son, middle ’14, the Corey Entrepreneurship Association (LSEA). (LSEA). Association Entrepreneurship Social and Law ofthe co-chair and Fellow anthro in degrees earned who 30, David, University of Chicago, was contemplating contemplating was of Chicago, University technology with a minor in economics at at economics in a minor with technology J. a John he is where Law, NYU choose to Law. NYU at converging journeys their one. entrepreneurial more the is eldest, the he found himself working for a New York a New for working himself found he pursuing distinct career goals. David ’13, David goals. career distinct pursuing lawyer. The Law School’s strengths in social social in School’sstrengths Law The lawyer. the at relations international and pology brothers are somewhat surprised to find find to surprised somewhat are brothers is the adventure-seeker. the is education, school law of his stage ferent a PhD and a future as an academic. But But academic. an as a future and a PhD and Colombia just before coming to NYU, NYU, to coming before just Colombia and Madrid, in English teaching a year after over; he worked as a Kiva Fellow in Peru Peru in Fellow aKiva as worked he over; David won ultimately entrepreneurship youngest, ’15, the Alex And type. corporate Alex, David, andCorey Connelly Corey, 27, was perhaps the least likely likely least the perhaps 27,Corey, was Connelly the differences, their Given he 2012–13 academic year academic 2012–13 he huge for a certain Connelly family family Connelly acertain for huge of Louisville, Kentucky. All three three All Kentucky. of Louisville, sons were on campus, each at adif at each oncampus, were sons

was was - -

Alex’s mind for a couple of years. “It was “It was ofyears. acouple for mind Alex’s Jersey, which he attended on full schol onfull attended he which Jersey, worked for an educational services company company services educational an for worked uation he made tracks for China, where he he where China, for tracks made he uation us at it,” says David. (Their parents recently recently parents (Their David. it,” at says us house. The more Corey worked with UBS’s with worked Corey more The house. had drafted when he was five or six, prom six, or five was he when drafted had led a tax remediation team and worked on on worked and team remediation a tax led likes to argue and is probably the best of best the probably is and argue to likes academic abstract ofan more probably became more of a practical interest as well.” as interest ofapractical more became he where Colombia, to relocating before in- business card credit firm’s the bringing became in the legal aspects of the work. work. ofthe aspects legal the in became in-house counsel, the greater his interest interest his greater the counsel, in-house ising not to cause his siblings harm as long long as harm siblings his cause not to ising Alex contract asigned framed and found underpinned law the how seeing and ing work started as I “Then says. he interest,” arship. As a senior associate at UBS, he UBS, at associate a senior As arship. New in ofTechnology Institute Stevens as they adhered to certain stipulations.) stipulations.) certain to adhered they as law. “He the of pursuit Alex’s anticipated everything we were doing at all levels, it levels, all at doing were we everything David. like Fellow, aKiva became eventually American Latin in minored and economics studies at . After grad After University. Columbia at studies The rest of the family, however, had long long had however, family, the of rest The Meanwhile, Alex, 26, had majored in in majored had 26, Alex, Meanwhile, Law school had been in the back of back the in been had school Law - - - - “They wanted to go somewhere where they they where somewhere go to wanted “They ‘Here’s what I did, here’s what I didn’t do, Ididn’t here’s‘Here’s what Idid, what And over the summer Alex was one of 25 of25 one was Alex summer the over And some also is who David, accompanied Alex NYU Law students selected to be inaugu be to selected students Law NYU who was a summer associate at Ropes & Ropes at associate asummer was who in organization rights a human at worked after day the Colombia to moved Alex when would encounter many different types of types different many encounter would Gray—planning to remain in the city after after city the in remain to Gray—planning Brazil. With both David—now a tax associ atax David—now both With Brazil. elder York. The New for Colombia left David final place for their education in that way.” that in education their for place final two nearly overlapped abroad back in 2010, 2010, in back abroad overlapped nearly two semester, 2012 Fall the during Lanka Sri to trip LSEA onan traveler, ofaworld thing to be his best men. men. best his be to experiences—and, Law NYU shared their just They thing. important most the that’s and happy, They’re them. of three all fit to seems school law lives their in point this under as that experience to able were they their in wanted all they “What tuitions. Law NYU their of each covered three the - mag public inner-city an at days sons’ their the gym, grabbing a bite, or staking out a out orstaking abite, grabbing gym, the here’s what you should do to get the best best the get to do should you here’s what height (Alex offers, “I think I’m a about think “I offers, (Alex height and education, own their in astake have leftover cash at the front desk of his hostel.) hostel.) of his desk front the at cash leftover people. They all went to institutions where where institutions to went all They people. John. says thought,” in diversity was lives keep giving us reasons to cheer them on.” them cheer to reasons us giving keep brother left his sibling a phone and some some and aphone sibling his left brother be New Yorkers at least until Alex graduates. Alex until least at Yorkers New be married. In the ultimate gesture of broth gesture ultimate the In married. ral Ford Foundation law school fellows; he he fellows; school law Foundation Ford ral (The India. to excursion aside by followed intramural basketball), grades, and even even and grades, basketball), intramural to boys the for intended They school. net marvel They often. sons their visit isville, ate at Davis Polk & Wardwell—and Corey— &Wardwell—and Polk Davis at ate a certain esprit de corps. corps. de esprit a certain to heading brothers Connelly two least at to back going ethic, work brothers’ the at Lou in company sanitation plant a food of course, their blood ties—have fostered fostered ties—have blood their of course, erly unity, he asked both David and Alex Alex and David both asked he unity, erly play (they sports about competitive are ers now, “At says Jan But, medicine. in careers toward them nudge to tried she that claims quarter-inch taller than both of them”), ofthem”), both than taller quarter-inch graduation, the Connelly brothers will all all will brothers Connelly the graduation, pointers.” Alotawesome of can.’ you grades grads, and we think NYU Law is a great a great is Law NYU think we and grads, says Alex, “they both sat me down and said, said, and down me sat both “they Alex, says week,” first “The Law. NYU at year shared study room together. Although the broth the Although together. room study Their parents, Jan and John, who own own who and John, Jan parents, Their Their mother doesn’t deny the boys’ boys’ the doesn’t deny mother Their The brothers made the most of their their of most the made brothers The On campus, it’s not uncommon to spot spot to it’s not uncommon campus, On Recently, Corey became engaged to be be to engaged became Corey Recently, Atticus GannawayAtticus ------“I am humbled yet gratified to return as return to gratified yet humbled am “I A President, Knighted President, A 1978 to 1985 after earning his PhD there, and and there, PhD his earning 1985 after to 1978 Justice, and the Tikvah Center for Law Law for Center Tikvah the and Justice, O wood Allen Professor of Law Gráinne de Gráinne ofLaw Professor Allen wood Economic Law and Justice, the Straus Insti Straus the Justice, and Law Economic “It’s says, professor, EUI aformer Búrca, astatement. in said Weiler Europe,” Weiler named Florence in (EUI) Institute University European the December, Last fied person than Joseph Weiler. In addition addition In Weiler. Joseph than person fied tute for the Advanced Study of Law and and ofLaw Study Advanced the for tute quite has he decades, three over for tuals intellec leading Europe’s of one being to - Ellin Florence leader. EUI’s next the be to adoctoral EUI, ofthe president as term he established and directed the Jean Mon Jean the directed and he established pean Union. The EUI and Weiler are well well are and Weiler EUI The Union. pean president to my alma mater at a time of atime at mater alma my to president Rob its now is that acenter and Law pean ofEuro Academy its co-founded he later both great challenge and great promise in in promise great and challenge great both remarkable institution-building skills and and skills institution-building remarkable in assumes he aposition president, its net Center for International and Regional Regional and International for Center net acquainted. He taught law at the EUI from from EUI the at law He taught acquainted. Euro ofthe countries founding the by ated cre institution research postdoctoral and honors. rare and trav Weiler February, in And September. and Jewish Civilization. Weiler was also also was Weiler Civilization. Jewish and experience.” At NYU Law, de Búrca notes, notes, Búrca de Law, NYU At experience.” quali suitably more of a think to difficult Studies. Advanced for Centre Schuman ert prestigious two receive to Rome to eled Weiler will be on leave for a five-year afive-year for onleave be will Weiler Colleagues say Weiler was a natural pick pick anatural was Weiler say Colleagues ver the past year past the ver Professor phone rang, it was often Italy calling. calling. Italy often was it rang, phone

Joseph Weiler’s proverbial Weiler’s proverbial Joseph , whe n University University ------XVI honored Weiler with an audience at audience an with Weiler honored XVI Global Law School Program and the JSD JSD the and Program School Law Global Court Justice Samuel Alito Jr. Alito Samuel Justice Court Philip, Queen Sofía of Spain, and Supreme Supreme and ofSpain, Sofía Queen Philip, of of Merit Order ofthe Cross Grand Knight vision, creativity, the “He has Program. upholding Italy’s right to display crucifixes crucifixes display to right Italy’s upholding to be France and Italy to be Italy,” resist be to Italy and France be to ties to NYU Law, serving on a range ofcom onarange serving Law, NYU to ties retain he will Florence, in EUI the at tion civilian highest Italy’s Republic, Italian the same the on adinner at Later, Vatican. the halls of academia have also drawn note note drawn also have ofacademia halls honor. He shares the rank with dignitaries dignitaries with rank the honor. He shares landmark ruling from the Grand Chamber Chamber Grand the from ruling landmark a won he 2011 Jew, in Orthodox an is ler rule fits all” solution to this delicate issue. issue. delicate this to solution all” fits rule a “one pleadings, oral his in said he as ing, the took who Weiler, classrooms. public in mittees related to programs he has over has he programs to related mittees Prince including world the around from from Washington Square. Square. Washington from come may calls ofthe many now but ring, about the right of European states to chart chart to states ofEuropean right the about Wei Although ofItaly. president the and pope the from including appreciation, and combined,” people ofseveral energy and dent Giorgio Napolitano, Weiler was made a a made was Weiler Napolitano, Giorgio dent Presi Italy’s of residence official day, the at of“France right state—the and of church relationship the to approaches different mostly was it that explained bono, pro case Rights of Human Court European of the says. Búrca de Hauser ofthe director faculty and chair seen. His phone will no doubt continue to to continue nodoubt will phone His seen. At the end of January, Pope Benedict Benedict Pope January, of end the At Weiler’s accomplishments outside the the outside Weiler’s accomplishments Even as Weiler settles into his new posi new his into settles Weiler as Even ------

“Partly Laws Common to AllMankind”: Tax Review 2012 listofthe50 ’s The Pacific Century Institute honored The Justice Person oftheYear. Judge Theodor Meron delivered a J. HindelangAward andtheEdwin H. Journal ofInternational Law. Faculty Faculty Association ofBondLawyers. Attorneys Workshop oftheNational Jeremy Waldron received theAmeri- Jerome Cohen withthe2013 Building José Alvarez andBenedict 2013 term oftheEuropean Court of Society ofCriminology. Sutherland Award from theAmerican Competition Network, aforum for

Foreign Law inAmerican Courts. Rights Award aswell astheSmith - Human RightsinFrance. Buenos Aires SchoolofLaw. Bridges Award. Pricing: The CARD Act andBeyond” Clayton Gillette gave thekeynote can Society of International Law’s global taxinfluencers. annual scholarship award for hisbook address atthe2012 annualBond annual Fred L.Shuttlesworth Human antitrust enforcers. ary doctorate from theUniversity of articles in2013 included“Creditarticles Card social justice. The CrimeReport also sonian AmericanIngenuity Award in in-chief designate oftheAmerican honored himasthe2012 Criminal keynote ofthe speechatthestart being afounder oftheInternational by Oren Bar-Gillby andRyan Bubb. list ofTop 10corporate andsecurities Bryan Stevenson received the20th Daniel Shaviro madetheInternational David Garlandreceived theMichael Eleanor Fox ’61was honored for Norman Dorsen received anhonor Kingsbury were voted co-editors- Noted Corporate Practice Commentator’s top - 53 THE PEOPLE 54 WWW.LAW.NYU.EDU Seeking aFewSeeking Good Veterans 28-year-old from Staten Island, New York, New Island, Staten from 28-year-old S were largely unable to take on the expense expense onthe take to unable largely were of law demands the by undaunted was Freedom, Iraqi Operation in served who with Dean Richard Revesz in an e-mail. an in Revesz Richard Dean with In Fall 2012, Marshall shared his concerns concerns his shared Marshall 2012, Fall In itics US Department of Veterans Affairs had Affairs ofVeterans Department US the dean, added diversity, maturity, and and maturity, diversity, added dean, the veterans. few attracted Law NYU that trated the bombs, defuse to missions 120 than funding to cover the bulk of their tuition tuition oftheir bulk the cover to funding the for veterans. eligible for packages ing military more recruit to mission his it made in the process prompted NYU Law to offer offer to Law NYU prompted process the in a Lawyering class. He was, however, frus however, He was, class. a Lawyering a former Marshall, education. legal a free ans meant service members needed other other needed members service meant ans from grants matched that a program and living expenses. and living of attending NYU Law. Even though the the though Even Law. NYU attending of they but body, student the to employability fund generous most country’s one of the technician disposal ordnance explosive schools, NYU Law’s $3,500 grant for veter for grant $3,500 Law’s NYU schools, editorship astaff classes, including school, School—and Law the to members service After leading a 25-person team on more onmore team a25-person leading After Military veterans, Marshall wrote to wrote Marshall veterans, Military , and an assistant teaching position for for position teaching assistant an , and tarting this fall, this tarting Marshall ’14 for helping make possible possible make ’14 helping for Marshall attend NYU Law can thank Garen Garen thank can Law NYU attend Journal of International Law and Pol and Law International of Journal ‌ veterans who who veterans - - - -

40 student advocates help former service service former help advocates student 40 veterans the Law School will fund. will School Law the veterans with military veterans to one with awel with one to veterans military with its increased School Law the later weeks Operations, then was sent on two deploy two on sent was then Operations, tional and unconventional ordnance. ordnance. unconventional and tional perspectives and talents that make them them make that talents and perspectives ble service members to attend NYU Law Law NYU attend to members service ble really say that NYU Law has transformed transformed has Law NYU that say really men who have experience in the armed armed the in experience have who men and women “The one: easy an was funding of the number to cap is no There free. for from a school that had a weak relationship relationship aweak had that aschool from that upgrades classification discharge for apply and hearings fair receive members York. Today than New more in veterans for Edu the for Students He founded issues. conven as well as IEDs disarming ments, an asset to our community.” our to asset an increase to decision the says admissions, as students and as visitors.” visitors.” as and students as can “I Marshall, says ofmonths,” a matter coming culture for service members both both members service for culture coming a ofVeterans, Representation and cation as well as service, public to commitment can improve their benefits. benefits. their improve can group that provides legal representation representation legal provides that group eligi enabling effect in $20,000, to grants services bring leadership experience and and experience leadership bring services “Looking at how things have changed in in changed have things how at “Looking Marshall continues to work on veterans on veterans work to continues Marshall Revesz agreed with Marshall, and two two and Marshall, with agreed Revesz Ken Kleinrock, associate dean for dean associate Kleinrock, Ken veterans,” says Marshall. says veterans,” want to be in the position position the in be to want Marshall was in his high high his in was Marshall He trained for two years as a a as years two for He trained up from seven last year. “I year. last seven from up that NYU Law has accom has Law NYU that help,” says Marshall. “The “The Marshall. help,” says plished in their support of support their in plished brought down the twin tow twin the down brought best way to contribute to contribute to way best member of US Navy Special Special Navy US of member national security.” the like seemed military Ididn’t thinking remember ing for college, Marshall Marshall college, for ing am incredibly proud of all of all proud incredibly am veterans, 15 admitted School classmates were apply were classmates again of not being able to able ofnot being again days after his 18th birthday. birthday. 18th his after days “I north. miles a few just ers attacks terrorist when class enlisted in the Navy two two Navy the in enlisted school American history history American school The next year, as his his as year, next The In the spring the Law Law the spring the In On September 11, 2001, 11, September On Michelle Tsai ------Trustee Trustee The The USSenate confirmed Trustee Karen Freedman ’80, Alumni Alumni Amendment Moot Court Competition. Jennifer Chen’12won first place in 2013 Skadden Fellows. Students Students Competition, andalsoBestOralist Section ofIntellectual . Children, was honored with the 2012 Citation for SpecialAchieve - Noted, continued Noted, Influential Lawyers listincluded International USA. Diplomatic Courier namedConor Bar Association. Rising Stars by thePuerto Rican Law’s SecuritiesLaw MootCourt National LaborRelations Board. New York State BarAssociation’s the New York State BarAssociation’s Girardi LLM’65,andTrustee environmental law essay contest. of theAmericanBarAssociation’s and Scott Welfel ’13were named at Vanderbilt Law’s NationalFirst and Second BestOralist, respectively. executive director ofAmnesty one ofthe99mostinfluential foreign executive director ofLawyers for in theLaw SchoolReporters Program ment inPublic Service. policy leaders under33. Shoyeb Siddique’14won BestOralist Steven Hawkins ’88was named Michelle Quiles’13were named Martin Lipton ’55. Martin Freeman ’13,DianaNewmark ’13, Elyssa Caplan’13,Semuteh Lisandra Fernandez ’13and Kayla Bensing’14won Fordham Emma Kurose ’14and Dolly Krishnaswamy ’15participated Kenneth Feinberg ’70 Kent Hirozawa ’82to the French ’ ’s National Law Journal’s David BoiesLLM’67 Sheila Birnbaum’65, 06, CEO ofIndego Africa,

, Thomas Most 100 Most ,

MAX KAMPELMAN : AP IMAGES / BETTMANN / CORBIS / TIM CLARY Finding His Voice Theological Seminary, Templeman applied applied Templeman Seminary, Theological Year award from OUTLaw, NYU Law’s Law’s NYU OUTLaw, from award Year I I F worried me most about my superior’s com superior’s my about most me worried Democrats and Republicans said, when when said, Republicans and Democrats organization. student LGBT Transactions) (IP groups practice Property Max Kampelman ’ to NYU Law. A legal assistant at a large firm firm alarge at assistant Alegal Law. NYU to the But church. alocal at refuge seek to his sexual orientation was a sin and ulti and asin was orientation sexual his human rights and nuclear weapons at the the at weapons nuclear and rights human personal statement detailing his struggles struggles his detailing statement personal “homo in engage not to promising pledge and nine age at working begin to him led Intellectual and Corporate its in partner of partner managing the speech, personal request of Presidents Carter and Reagan Reagan and Carter of Presidents request on Union Soviet the with negotiating of color,” aperson was he that was ment mately alienated him. that Illinois rural in poverty and neglect at the time, he showed his supervisor his his supervisor his showed he time, the at of the Alumnus inaugural the accepted and a York New office Mullin’s Sheppard during the dark days of the Cold War. Cold ofthe days dark the during story. the share to mind ofhis out growing up, and the man said he would be be would he said man the and up, growing said Templeman, “and he should have have “and should he Templeman, said a sign to students requires that Tulsa in sity that 13 age at him told also church same sexual activity,” then attending Princeton Princeton attending then activity,” sexual After graduating from a religious univer areligious from graduating After Templeman ignored that advice. “What “What advice. that ignored Templeman of a childhood recalled Templeman really had NYU changed all of that.” In a deeply adeeply In ofthat.” all changed NYU think,” said Blaine Templeman ’94, Templeman “and Blaine said think,” After all, he had the hardest of noses, ofnoses, hardest the had he all, After ew peopl ew nik” to describe Max Kampelman. Kampelman. Max describe to nik” e would have used “peace used have would

never learned how to how learned never 45: 1920--2013 - - - - -

Jesus to free me from the person I was, nor Iwas, person the from me free to Jesus versity’s Hoover Institution, Kampelman Kampelman Institution, Hoover versity’s NYU solely because they did not yet have an an have not yet did they because solely NYU was of a world of “zero nuclear weapons weapons nuclear of“zero ofaworld was codi both be can discrimination which Mullin, where he started in 2008, Temple 2008, in started he where Mullin, Lambda Legal; inresponse, Legal; Lambda Sheppard Robertson,” he said. “No more would I ask Iask would “No more said. he Robertson,” notes compared they and students, LGBT Paulette Caldwell and David Richards Richards David and Caldwell Paulette fied and combatted. He befriended other other befriended He combatted. and fied husband to become a US citizen. That was was That citizen. aUS become to husband permit others in my presence to make the the make to presence my in others permit no longer acceptable.” no longer identity and voice. and identity for everybody,” as Reagan put it. put Reagan as everybody,” for turns it Kampelman, one-upmanship, ment these Through process. interviewing man expressed discomfort in working for for working in discomfort expressed man recognized the power in being honest honest being in power the recognized a firm that wasn’t a national sponsor of sponsor national wasn’t a that a firm rights civil basic onmy vote to people ask the in discrimination like things about to invited Iwas that theory this had always can struggles that and are you who about delivered a provocative paper, arguing arguing paper, aprovocative delivered It boss. aformer with adream shared out, wedded legally my invite to right or my aclearer found Templeman experiences, tick.” to box tough That’s a ate. gradu University Roberts Oral gay openly opened Templeman’s eyes to ways in in ways Templeman’s to opened eyes give rise to great success.” He added, “I’ve He added, success.” great to rise give same request. No more would I actually Iactually would No more request. same “No more would I actually vote for Pat Pat for vote Iactually would “No more At a 2006 conference at Stanford Uni Stanford at conference a2006 At like professors School, Law the At Despite actively participating in arma in participating actively Despite During his job interview with Sheppard Sheppard with interview job his During - - - - -

Warriors and Their Quest to Ban the Bomb the Ban to Quest Their and Warriors New YorkNew Times William Perry, all hawkish Cold War icons, icons, War Cold hawkish all Perry, William Templeman to start an LGBT affinity group. affinity LGBT an start to Templeman 2009: “I read in the press after 9/11 that if if 9/11 that after press the in read “I 2009: were in attendance. Around the same time, same the Around attendance. in were Mullin became a sponsor and asked asked and asponsor became Mullin Kampelman also published an op-ed in the the in op-ed an published also Kampelman those airplanes had carried nuclear weap nuclear carried had airplanes those Taub Philip to according conference, the aides, Reagan former Many dream. that pursuing to return should world the that anyone leave shouldn’t we and ofus, all to applies that agenda rights civil the push to the age of 81? One day: September 11, 2001. 11, September of81?day: One age the have been destroyed. It scared the living living the It scared destroyed. been have few next the In Kampelman. with he agreed practices, and created a retreat for LGBT LGBT for aretreat created and practices, behind when we’re doing that.” that.” we’re doing when behind but because of Kampelman, the “zero “zero the of Kampelman, because but men’s two crusade. the joined nity. “The important thing was notneces was thing important “The nity. mary outside counsel of GLAAD, reviewed reviewed GLAAD, of counsel outside mary months, Henry Kissinger, Sam Nunn, and and Nunn, Sam Kissinger, Henry months, man’s book Shultz, George State of Secretary including recruiting its altered LGBT-friendly, more be to policies benefits and employee its - commu broader of the representatives as Shultz’s mind had been changing, too, and and too, changing, been had mind Shultz’s encouragement, the firm became the pri the became firm the encouragement, option” is no longer unthinkable. unthinkable. nolonger is option” ofme.” out daylights would York Washington New and ons, at retirement ofacomfortable out coming well as ofcolor employees and employees sarily to push ‘the agenda,’” he said, “but “but agenda,’” said, he ‘the push to sarily As he later put it in this magazine in in magazine this in it put later he As What had compelled Kampelman to act, act, to Kampelman compelled had What Nuclear weapons, of course, still exist, exist, still of course, weapons, Nuclear Subsequently, with Templeman’s with Subsequently, Shultz buttonholed Kampelman after after Kampelman buttonholed Shultz The Partnership: Five Cold Cold Five Partnership: The advocating Reagan’s vision. vision. Reagan’s advocating - - - - .

55 THE PEOPLE 56 WWW.LAW.NYU.EDU “We’re going to consolidate the huge gains gains huge the consolidate to “We’re going The NYULaw chapter oftheOrder oftheCoif Justice William Brennan oftheSupreme Court. Glickenhaus the Has Building Left High-Interest Bonds Wachtell, Lipton, Rosen &Katz.Previously he Criminal DivisionintheUSAttorney’s Office F ehy Coiffed Freshly white collar and regulatory practice group at was chiefappellate attorney and chiefofthe US Court ofAppealsfor theSecond Circuit and clerked for ChiefJudge HenryFriendly ofthe inducted Lawrence Pedowitz ’ for theSouthern DistrictofNew York, and member. Pedowitz andheadsthe isapartner And he called the end of that bull market market bull ofthat end the called he And War. The New York Stock Exchange block- Exchange War. New The Stock York 1929, even before the Empire State Build State Empire the before 1929, even T worked as a teenage messenger for Salomon Salomon for messenger ateenage as worked Brothers in Manhattan’s financial district. financial Manhattan’s in Brothers the the he founded, Glickenhaus & Co., into a unit aunit into &Co., Glickenhaus founded, he firm Street Wall boutique the merged has haus predicted the Dow would rise sharply sharply rise would Dow the predicted haus financial the about right mostly been has Vietnam the protest to day for a firm his plained about it in an advertisement in in advertisement an in it about plained by the end of 1988, which it did—but in 1989. 1989. in did—but it which of1988, end the by list Nixon’s enemies He made judgment. in April 2000, just a week after it peaked. peaked. it after aweek just 2000, April in Glicken 1987 crash, the After too. markets, close to tried he when 1970s early the in He chapter. anew entered has March, in Bronx of the Glickenhaus Seth built, was ing an era for a Wall Street legend. Street aWall for era an ed the closure, but Glickenhaus com Glickenhaus but closure, the ed of end the truly It is Berman. of Neuberger Hassan This year Glickenhaus, who turned 99 turned who Glickenhaus, year This Glickenhaus has never been short on short been never has Glickenhaus Having started his own firm in he 1938, firm own his started Having in crashed market stock the Before New YorkNew Times he modern history modern he Glickenhaus ’38. it’s But close. Glickenhaus is not quite the history of Seth ofSeth history the not quite is . Masanzu 72 asanhonorary

of Wall Stree Wall of t - - -

15 percent per annum is over.” is annum per percent 15 Center for Economic andSocialRights. Global Scholar, Masanzu was anintern atthe Shingira MasanzuLLM’ was quoted saying in Bloomberg. “All this this “All Bloomberg. in saying quoted was Glickenhaus, then 95, for his firsthand firsthand his for 95, then Glickenhaus, From afieldof Hassan hadbeenanInternational Finance Bank chose Elizabeth Hassan LLM ’ the bank’s deputy general counsel. AHauser to applyfor permanentcounsel positions. unfolding, business reporters besieged besieged reporters business unfolding, and Development Fellow andalegal intern to analysis, andare andothersupport, prepared the market closed, just for press interviews. press for just closed, market the after p.m., 4:15 at weekdays reserved he time, sociates provide research, comparative legal sitions initsLegal Associates Program. As his opinions, as always, were tart. tart. were always, as opinions, his and strong, voice his good, was hearing his knowledge of the Great Depression. For a For a Depression. Great ofthe knowledge for the next 10 or 15 years,” Glickenhaus Glickenhaus years,” 10 15 or next the for absurd opinion that companies will go up up go will companies that opinion absurd a wife who makes sure you live sensibly.” sensibly.” live you sure makes who a wife Glick life. long to secret the about asked enhaus, who has been married to Sarah Sarah to married been has who enhaus, since 1944, offered: “The right genes and genes right “The offered: 1944, since As reported in this magazine in 2009, 2009, in magazine this in reported As But he acknowledged a softer side when when side asofter acknowledged he But recession aworldwide with 2008, In 1,000 applicants,theWorld 13 for two offour po 12 and - - - 40 The DCBargave itsBeatrice Rosen- Trustee Jerome Kern60 ’isthe Trustee RandalMilch’85was The NationalBarAssociation and Award from Equal Justice Works. Joshua Sheinkman’87 April Newbauer ’83 Anthony Welters ’77,chairof Tamrat Samuel LLM’98was Security Administration attheUS Colorado Symphony. Noted, continued Noted, Maurice A.DeaneSchoolofLaw. IMPACT namedChigozie Onyema ’11 Winston MaMCJ’98,managing Department ofHomelandSecurity.Department Department. Leader by theWorld Economic Forum. District ofNew York. President Obamanamed tion, was namedaYoung Global tive oftheChinaInvestment Corpora- the New York State Court ofClaims. to its2013 “Nation’s BestAdvocates: dean oftheHofstra University director anddeputy chiefrepresenta- the Law School board oftrustees, Gustavo SchmidtLLM’08 was chief counsel for theTransportation of RiodeJaneiro. appointed chiefofstaffthe mayor as afederal judge for the Southern appointed theUNdeputy special and Natural Resources Committee. a trustee of the Kennedy Center staff director oftheSenate Energy ment Service to Francine Kerner ’74 berg Award for Excellence inGovern- new chiefexecutive ofthe honored withtheScalesofJustice matters attheNew York City new deputy commissioner for legal for thePerforming Arts. representative for Liberia. Eric LaneLLM’79 Douglass Maynard ’86isthe Lorna Schofield’81was confirmed Lawyers under40

was named was appointed to ” list. was named ,

SETH GLICKENHAUS: © NAJLAH FENNY “He demonstrated his deep commitment commitment deep his “He demonstrated As a young man, he was an accomplished accomplished an was he man, a young As Dwight Opperman, Opperman, Dwight West Publishing Company, a legal pub alegal Company, Publishing West L with the aid of the GI Bill, and graduated graduated and GIBill, ofthe aid the with agracious and spirit aphilanthropic with first wife, Jeanice, as vocalist. After serv After vocalist. as Jeanice, wife, first to every legal professional. legal every to well.” as ways other countless in tem, in and ofjustice, system American the to Law. NYU including tions, institu and individuals ofmany lives the the US Supreme Court said in a statement. astatement. in said Court Supreme US the he eventually worked his way up to CEO CEO to up way his worked eventually he legal research database and service known known service and database research legal where opinions, court ofregional lisher home. family the heat to coal stray lecting particular the role of the judge in that sys that in judge ofthe role the particular in 1951. His first job was as an editor at editor an as was job first His 1951. in he World II, War during Army the in ing as Depression; Great the during Iowa rural acumen business sharp hecombined rity, integ and ofleadership Amodel illness. friend and supporter not only of the the of only not supporter and friend ness that made a significant difference in difference asignificant made that ness ing a self-made billionaire. He grew up in in up He grew billionaire. a self-made ing becom eventually college, to go to family a child, he walked along train tracks col tracks train along walked he a child, of Roberts John Justice awhole,” Chief as Judiciary Federal ofthe but Court Supreme a reluctant board, Opperman pushed the the pushed Opperman board, a reluctant persuading 1970s, the In chairman. and School Law University Drake attended cally. The result was Westlaw, an online an online Westlaw, was result The cally. electroni information deliver to company saxophonist, often accompanied by his his by accompanied often saxophonist, Richard Revesz attheinaugural lecture oftheDwightD. OppermanProfessorship ofLaw in scholarly pursuits Justice Anthony Kennedy, SamuelEstreicher, DwightOpperman,and “Dwight has long been a committed acommitted been long has “Dwight Opperman was the first member of his his of member first the was Opperman ongtime trustee and supporte June 13 at the age of 89 after a brief abrief after 89 of age the at 13 June Dwight Opperman passed away on away passed Opperman Dwight r ------

“It’s clear to me that NYU Law has benefited benefited has Law NYU that me to “It’s clear Administration, a pioneer in its commit its in apioneer Administration, We will sorely miss him.” miss sorely We will 1993. He is survived by his wife, Julie; his his Julie; wife, his by survived He is 1993. Trevor Morrison. Trevor King Professor of Law and Dean Emeritus. Emeritus. Dean and ofLaw Professor King wise and support for Dwight to turn I could and students 40 than More School. Law the at Scholarship D. Opperman Dwight Opperman Professorship of Law, which which Law, of Professorship Opperman uel Estreicher. The Institute of Judicial Judicial of Institute The Estreicher. uel tute of Judicial Administration in 2005 to to 2005 in Administration of Judicial tute the established and Law of NYU trustee a became he year, That philanthropy. to two sons, Vance and Fane; nine grandchil nine Fane; and Vance sons, two judges of education the to dedicated try - Sam by inception its since held been has has not been the recipient of Dwight’s ofDwight’s recipient the not been has personal generosity and sage counsel. counsel. sage and generosity personal port as both a long-time IJA board member member board IJA along-time both as port justice in federal and state courts, was was courts, state and federal in justice man was a great friend of judges and the the and ofjudges friend agreat was man sup outstanding Opperman’s recognize Insti D. Opperman Dwight the renamed of administration the improving to ment actively more turned Opperman 1996, in foresight, generosity, and vision,” said Dean Dean said vision,” and generosity, foresight, and principal funder. principal and to Scholars Opperman been have alumni and excellence in the judicial process that that process judicial the in excellence and dren; and 13 great-grandchildren. great-grandchildren. 13 and dren; intelligence, keen Dwight’s from enormously Lawrence Revesz, Richard said counsel,” coun the in program isno “There IJA. of the co-director is who Estreicher, said courts,” D. Dwight the endowed he 2004, In date. “Throughout my deanship, I always knew knew always I deanship, my “Throughout Opper Dwight man, decent “A warm, After Thomson Reuters bought West bought Reuters Thomson After Opperman’s first wife, Jeanice, died in died Jeanice, wife, first Opperman’s 1924--2013 2005 ------

“It’s the best of both worlds.” worlds.” ofboth best “It’s the The First Time’s Alabama. Unable to find an agent—despite agent—despite an find to Unable Alabama. like many fledgling novelists, fledgling many like writing a page-turner about a wealthy, slave- a wealthy, about apage-turner writing who sold her book to major publishers in in publishers major to book her sold who writing serves as a refuge from the stress stress the from a refuge as serves writing Southern the in action onaclass working Tom by Wolfe. blurb enthusiastic an with fall this Press Martin’s St. by released be will was going to take it seriously, and this was was this and seriously, it take to going was noone that thought just “I a book: writing Bodden ’86 was stymied by traditional book book traditional by stymied ’86 was Bodden District of New York concerning the con the York ofNew concerning District traveling to book clubs, signings, fairs, and and fairs, signings, clubs, book to traveling the the of copies tal tices, did not even tell her family she was was she family her tell not even did tices, property the all him granted court the . six-figure two least at her netting worldwide, and US the local media. Her hard work paid off. off. paid work hard Her media. local friends; and family to book the promoting and researching years nine spent had lawyer Society Aid Legal veteran The publishing. list. Within weeks, Bodden found an agent agent an found Bodden weeks, Within list. just something that I was doing for me.” for doing Iwas that something just readings; and reaching out to academia and and academia to out reaching and readings; hours spending and manuscript her ish pol to editors three hiring process the in novel about the conquest of Mexico. Creative Creative of Mexico. conquest the about novel actual 1840s Alabama case in which a which in case Alabama 1840s actual and on vacations, Bodden, who is currently currently is who Bodden, vacations, on and onweekends Writing woman. slave a young commercial publisher, she self-published, self-published, she publisher, commercial War pre-Civil in family plantation owning of law practice, she says, and vice versa: versa: vice and says, she practice, of law sending more than 300 entreaties—or a entreaties—or 300 than more sending stitutionality of stop-and-frisk police prac police stop-and-frisk of stitutionality including marriage, the into brought she and divorce for wife his sued owner slave a Charm Now Bodden is working on a historical onahistorical working is Bodden Now From 2011–12, Amazon sold 140,000 digi 140,000 sold Amazon 2011–12, From Bodden’s novel was inspired by an an by inspired Bodden’s was novel Wall Journal Street The Wedding Gift The Wedding ’s e-book bestseller The Wedding Gift Gift The Wedding , putting it on on it , putting

Marlen Marlen

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57 THE PEOPLE 58 WWW.LAW.NYU.EDU Alexander Fellow in 2006-07 and a visit and 2006-07 in Fellow Alexander New Faculty wrestles with these thorny issues daily. Lec daily. issues thorny these with wrestles Jeanne FromerJeanne Here are the signs that Jeanne Fromer is a is Fromer Jeanne that signs the are Here flash red, the trademark lacquered soles soles lacquered trademark the red, flash tion under the law’s functionality doctrine. functionality law’s the under tion to Louboutin onthe class in turing lenge: Is Louboutin’s red sole sole red Louboutin’s Is lenge: sell also from Laurent Saint Yves prevent syn That says. she anyhow,” dothat to like I But culture. contemporary with up keep ing professor in Spring 2012. That fall, she she fall, That 2012. Spring in professor ing chal key its tackled she shoes, red-sole ing econ the of part recent more but important incredibly an software, does How music? to me requires law copyright in fresh ing shows, TV and movies latest on the up is She Vivaldi. to Floyd Pink to Adele from ing and when she walks, her high-heeled shoes shoes high-heeled her walks, she when and ergy has become her personal trademark. personal her become has ergy omy, fit into copyright law? Fromer, a rising rising Fromer, a law? copyright into omy, fit downloading and videos ofstreaming era “Stay livelihood. her immersion cultural Louboutins. Christian coveted of highly rang 7,000 songs, than more downloaded has She folder. per apps adozen each, ers 16 fold with screens two up takes collection application iPhone vast Her junkie: culture professor of law so, that would prevent trademark protec trademark prevent would that so, law, property intellectual of field the in star Are copyright laws antiquated in an an in antiquated laws copyright Are Fromer is not new to NYU. She was an an was She NYU. to new not is Fromer 37, Fromer, made has or design, luck By functional ? If ? If ------York State economist, is deceased. Fromer Fromer deceased. is economist, York State Abramowitz, is a retired high school math math school high aretired is Abramowitz, 2007. One of two scholars to receive the first- the receive to scholars oftwo 2007. One went to an all-girls high school, focusing focusing school, high all-girls an to went Susan mom, Her Brooklyn. in raised was MIT for her master’s in electrical engineer electrical in master’s her for MIT ginia Law Review Law ginia Professor of Law, welcomes the computer computer the welcomes ofLaw, Professor Newman Pauline Dreyfuss, Rochelle Katyal. ( Property” Intellectual in Incentives Eco and ofLaw Professor Meltzer Harold ( to understand what motivates each. She She each. motivates what understand to scientists and artists for oncreativity ture “Expressive In itself. process creative the some as laws oncopyright bar the raise than innovation. for incentives investigate to tion teaches part-time. Her dad, Mark, a New aNew Mark, dad, Her part-time. teaches still who counselor guidance and teacher “She’s group: IP NYU’s to brings Fromer that scholarship sharp and expertise technology herself by exploring the unified theories theories unified the exploring by herself lifetime plus 70 years, whereas patents for for patents whereas years, 70 plus lifetime by monetary incentives but also by hav by also but incentives monetary by easily are works artistic for copyrights but domains, their in creations protecting by University Fordham from Law NYU joined ideas and comes up with creative research research creative with up comes and ideas big really connects who someone being for recognized. personhood and labor his ing only not motivated is creator the that found how ofview, point apsychological from ine, distinguished has Fromer 2011, in nomics) ing and computer science. With fellowships fellowships With science. computer and ing Graduating science. computer in majoring agendas,” says Fordham Professor Sonia Sonia Professor Fordham says agendas,” compare. creativity scientific and artistic and Evelyn Bar-Gill, Oren (with Medal ars in teaching began she where ofLaw, School at the top of her class in 1996, she went on to onto went she 1996, in class ofher top the at a with writer thoughtful expressive, a clear, on debate, choir, and mock trial. trial. mock and choir, on debate, litera the at 70),on page looked Fromer rather that concludes She long. don’t as last author’s an last generally and obtainable innovation encourage to is both for goal end cogni and oncreativity research empirical using by law, and patent and copyright of Young Schol Institute Law American ever great eye for an interesting issue.” interesting an for eye great scholars have suggested, one might exam might one suggested, have scholars law. The patent and copyright compares she scientific works are difficult to obtain and obtain to difficult are works scientific Law Review Law University Northwestern “Jeanne is known in the IP community community IP the in known is “Jeanne That work led to an investigation of investigation an to led work That From there, she chose Barnard College, College, Barnard chose she there, From and children offive oldest the is Fromer Property” Intellectual of “AIn Psychology , 2012, ,

and also excerpted excerpted also and , 2010),, Vir ------“That’s what I love.” Held at the University the University I love.”at what Held “That’s a know,attracted we you thing next “The Arthur Miller, who left Harvard in 2007 2007 in Harvard left who Miller, Arthur artificial researched Fromer AT&T Labs, Audrey, 5. Judge Sack marveled at how she she how at marveled Sack Judge 5. Audrey, was led to academia by her terms as a law a law as terms her by academia to led was Chocolate Factory.” Sweet. Sweet. Factory.” Chocolate Court of Appeals for the Second Circuit and and Circuit Second the for ofAppeals Court associate professor ofassociate professor Jason Schultz Boston law firm Hale and Dorr. Fromer Fromer Dorr. and Hale firm law Boston most his of one as Fromer remembers Law, for revered “she was School, Law Harvard In 2009, Jason Schultz approached Pro approached Schultz Jason 2009, In up more areas of my brain,” she says. she brain,” of my areas more up and the Chocolate Factory Chocolate the and the intellectual property practice at the the at practice property intellectual the NYU at Professor aUniversity become to the early days,” she recalls, before the inter the before recalls, she days,” early the David Justice Court Supreme US with then her legal brilliance even as a 2L,” says Jean says a2L,” as even brilliance legal her have three children: Eric, 10; Olivia, 8; and and 8; 10; Olivia, Eric, children: three have studying was who manager fund hedge point the day-to-day—becoming mired in in mired day-to-day—becoming the point policymakers from Facebook and the FBI. FBI. the and Facebook from policymakers juggled her 2003 clerkship with first moth first with clerkship 2003 her juggled justice system, her specialty. “This was in was “This specialty. her system, justice researchers have in over half a century.” acentury.” half over in have researchers ofmy few way the out stood work ofher ity there. teaches now who aclassmate Suk, nie Fromer picture,” big the than interesting Apple’s to personal similar rudimentarily was that software built and intelligence and Foundation Science National the from number of key stakeholders,” including including stakeholders,” of key number criminal the and media onsocial ference a con together put to Murphy Erin fessor says. he another,” with interfere focus one letting without beings, human most Soon enough, Fromer had published a book abook published had Fromer enough, Soon They met. they when MIT at aeronautics lit scholarship and research “Legal Souter. assistant, Siri. Siri. assistant, exceptional research assistants: “The qual “The assistants: research exceptional missing finding and algorithm an encoding of California, Berkeley School of Law, where where Law, of School Berkeley California, of Wonka’s Willy in Secrecy “Trade chapter: secret.” inventions keep to trying by driven them Reading synergy. cultural than fully more job each did “She erhood: US the of Sack Robert Judge with first clerk, clinical law says. It didn’t take long to shift gears. At At gears. shift to long take It didn’t says. less code—was debugging in semicolons section of the two was even on the radar. radar. onthe even was two ofthe section be to seemed plot the much how by struck “It was a collaboration,” says Schultz. Schultz. says acollaboration,” “It was “I loved computer science, but at some some at but science, computer loved “I After earning her JD in 2002, she joined joined she 2002, in JD her earning After In fact, the children only add to Fromer’s Fromer’s to add only children the fact, In a Ajdler, Arnaud to married is Fromer , she says, “I was “I was says, , she Jennifer Frey Jennifer

Charlie Charlie ------

Technology Law and Policy Clinic, which he he which Clinic, Policy and Law Technology vative projects; visits open community labs, labs, community open visits projects; vative where computer and technology folks share share folks technology and computer where statewide. defenders public by adopted was Policy Clinic since 2004, he brought suc brought he 2004, since Clinic Policy ucts. But that’s not what I’m focused on,” I’m focused not what that’s But ucts. think of IP as huge corporations with thou with corporations huge as ofIP think digital (EFF), anonprofit Foundation tier conference the taught, both then they patent reform and a passion for technol for apassion and reform patent ley’s Samuelson Law, Technology & Public &Public Technology Law, Samuelson ley’s collab asafe, is copyrights and patents began while visiting last year. “Most people people “Most year. last visiting while began making an impact. He founded the Pat the He founded impact. an making rights group. And as co-director ofBerke co-director as And group. rights technologies with experiments and ideas; that booklet practices abest in resulted alleged infringers often with no intention nointention with often infringers alleged about the hip new bar,” says Murphy. Murphy. bar,” new says hip the about orative space for innovation, Schultz is is Schultz innovation, for space orative of manufacturing the product. product. the of manufacturing against patents their enforce that entities trolls”— “patent against cessful Fron Electronic the at Project Busting ent know to also and link interesting on areally inno fund that websites He browses ogy. on afocus with activist and scholar erty says Schultz. Partnering with lawyers from from lawyers with Partnering Schultz. says pass to “He’s guy the 3-D printers. as such sands of patents that they enforce onprod enforce they that ofpatents sands Devoted to ensuring that the world of world the that ensuring to Devoted He joins the Law School as director of the ofthe director as School Law the He joins Schultz is a clinical intellectual prop intellectual aclinical is Schultz ------“Protecting Open Innovation: The Defen The Innovation: Open “Protecting cre to together, band to way a them “offers Law and Technology and Law Tactical Disarmament” ( Disarmament” Tactical write a comment on legislation regarding regarding onlegislation acomment write Law. “The impact could be huge.” could impact “The Law. and he says, them, upon prey trolls Patent (DPL), for a tool License Patent Defensive society the that suggested he Society, Law first-sale doctrine, which permits resale of of resale permits which doctrine, first-sale the American Civil Liberties Union, “the “the Union, Liberties Civil American the to Patent Threats, Transaction Costs, and and Costs, Transaction Threats, Patent to of a community in based be to want they the invented Schultz Urban, Jennifer tor discus panel a star-studded organize them the copyright owner. First-sale issues are are issues First-sale owner. copyright the people who make and share technology.” technology.” share and make who people technol digital new regarding particularly Art the co-chaired she Because lawyers. pledge to make their patents available to to available patents their make to pledge none can afford to defend itself. The DPL itself. defend to afford can none “legally.” object adigital own to means easy with complex more becoming rapidly as role their in experiment to students for ness,” says Colleen Chien of Santa Clara Clara Santa of Chien Colleen says ness,” companies what about community the in DPL network. the joining in interest for members network suing from refrain right Office and artist Frank Stella. Stella. Frank artist and Office right a lot of small companies that are open- are that companies a lot of small it what investigates that University State of Wayne Perzanowski Aaron with a paper co-authoring currently He is Amazon. and eBay like markets resale Internet to access innovation, and knowledge to access and helped he and rights, royalty resale artists’ environment acomfortable created Schultz and a cardiologist, Clifford. His dad bought bought dad His Clifford. a cardiologist, and pat against defense a collective a shield, “It creates defense. than other reason any ate a circle-the-wagons approach.” acircle-the-wagons ate de-escalating the patent wars. “There are are “There wars. patent the de-escalating ent threats that allows them to patent for for patent to them allows that threats ent and free for DPL network the in everyone of permission without goods copyrighted the about extensively written He has ogies. alot ofresources.” without those especially citizens, individual and large at society efit ben technologies new how on focuses clinic - mad patent the stop to dothemselves can good,” he says. Even Google has shown an an shown has Google Even says. he good,” expression free with law IP balance to gle sive Patent License as a New Approach Approach aNew as License Patent sive because code their publish that source, Copy US the from people senior with sion son of an elementary school teacher, Hilary, Hilary, teacher, school elementary ofan son aconversation catalyzed have ideas similar “Jason and Jen’s work on the DPL and Jen’s DPL and and the on “Jason work Along with Samuelson Clinic Co-Direc Clinic Samuelson with Along Clinic student Ava McAlpin ’13 says that that ’13 says Ava McAlpin student Clinic He and Urban laid out their plan in in plan their out laid Urban He and Schultz’s scholarship explores the strug the explores scholarship Schultz’s Schultz grew up in Berkeley, the younger younger the Berkeley, in up grew Schultz , Fall 2012). DPL users 2012). DPL users , Fall Harvard Journal of of Journal Harvard ------

“to change the world.” the change “to geeks.” the for only “It was They are devoted to their one-year-old son, son, one-year-old their to devoted are They Africa, practice at US law firms, and pub and firms, law US at practice Africa, US v. Microsoft US v. Microsoft Crsohr Sprigman Christopher widely cited works have had an influence influence an had have works cited widely Elliott—who likely will have an iPad well well iPad an have will likely Elliott—who fellow senior and England New Research University, opening his world to a range a range to world his opening University, to NYU. “It doesn’t interest me to be the the be to me “It doesn’t interest NYU. to the deployment of new technologies. His His technologies. new of deployment the ofMicrosoft Collective Media Social the he says, emphasizing NYU’s strong and and strong NYU’s emphasizing says, he JD his got 1993, in degree bachelor’s his Duke at women’s in studies majored he school, middle By grade. first in was he when II, Apple an computer, first his him lic service, notably as appellate counsel counsel appellate as notably service, lic law, and law, antitrust property lectual York New City’s and students, passionate before first grade. grade. first before recent surge in high-tech initiatives. initiatives. high-tech in surge recent from Berkeley Law in 2000, and worked worked and 2000, in Law Berkeley from differ 25 “It took rooms. chat earliest the in from 1999 to 2001 in the Antitrust Division Division Antitrust the in 2001 to 1999 from rights. property intellectual at a San Francisco law firm litigating pat litigating firm law Francisco a San at chatting and programming was Schultz at the Information Law Institute at NYU. NYU. at Institute Law Information the at and academic, writer, award-winning excited by what he sees in the Law School’s Law the in sees he what by excited also He is faculties. clinical and IP diverse what Ido, nomatter dowhat to person only job,” he dream first my got I “Then ents. cli high-tech for cases copyright and ent earned Schultz issues. justice social of room,” he recalls. a chat into get to steps ent of the US Department of Justice, where where ofJustice, Department US of the South in and US the in both clerkships about wisdom conventional the belie often law, and copyright of aspects important on and innovation affect rules legal how on focuses research His policy. competition at researcher a principal is She composer. professor of law late-breaking news spotlight you get. I like to have colleagues,” colleagues,” have to Ilike get. you spotlight chance a EFF—and for attorney says—staff A combination of factors lured Schultz Schultz lured offactors A combination Always interested in other perspectives, other interested in perspectives, Always Schultz’s partner is Kate Crawford, an an Crawford, Kate is partner Schultz’s Sprigman’s eclectic résumé includes includes résumé eclectic Sprigman’s Sprigman teaches copyright law, intel copyright teaches Sprigman was among his cases. cases. his among was Morrison announced announced Morrison In June, Dean Trevor Dean June, In ofVirginia University the hire of Christopher ofChristopher hire the School of Law. School the from Sprigman J.F.

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59 THE PEOPLE 60 WWW.LAW.NYU.EDU Venture Financing Capital Yale University; JD, Yale Law School Law Yale JD, University; Yale Visiting Faculty VISITING PROFESSOR OF LAW Clerkship: Course: Circuit; Justice William Brennan, Brennan, William Justice Circuit; CARYL LOUISE BOIES BOIES LOUISE CARYL (2013) (2013) Governance Corporate in Reality and US Supreme Court Supreme US Michael Klausner Michael Selected Works: of Appeals for the District of Columbia Columbia of District the for Appeals of of Business Transactions of Business Education: Research: 1983-84, Kingwas avisitingprofessor attheMassachusetts Institute ofTechnology, Sir MervynKing,whostepped down from hisposition asgovernor oftheBank School ofEconomics, where hefounded theFinancial Markets Group. Hehadprevi Distinguished Visiting Professor ofBusiness andLaw where heshared anoffice withBenBernanke, thefuture chairmanofthe Federal England andchairofitsMonetaryPolicy Committee andFinancial Policy Committee Reserve, whowas thenanassistant professor. to bringdown thenational deficit. to prevent aworldwide depression was to joinothercentral banks incuttinginterest . Asserting thattheonlywayduring theglobalfinancialcrisisthat took holdin2008.Asserting moreon June30after thantwo decadesattheUK’s central bank,isvisitingNYU ously taughtattheUniversity ofBirminghamandtheUniversity ofCambridge. In banking sector anditsbailout inthewake measures ofthecrisis,andsupported rates almostto zero, amongothermeasures, Kingwas alsohighlycriticalofthe Mervyn King Mervyn Before working for theBankofEngland,Kingwas aprofessor attheLondon Deals: The Economic Foundations Foundations Economic The Deals: Corporate law and governance and law Corporate Judge David Bazelon, US Court Court US Bazelon, David Judge MA in economics, economics, in MA

Liquidation Rights in in Rights Liquidation

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VISITING PROFESSOR OF LAW Clerkship: Finance in Bankruptcy,” Bankruptcy,” in Finance CARYL LOUISE BOIES BOIES LOUISE CARYL US Court of Appeals for the Third Circuit Third the for Appeals of Court US David Skeel School of Law of School Selected Works: corporate law; Christianity and law law and Christianity law; corporate Education: Research: Financial distress; bankruptcy; bankruptcy; distress; Financial Judge Walter Stapleton, Stapleton, Walter Judge JD, University of Virginia Virginia of University JD, (2012; co-author); co-author); (2012; (2011) “States of Bankruptcy,” Bankruptcy,” of “States

Professor of Corporate of Corporate Professor Law, University of Penn of University Law, S. Samuel Arsht Arsht Samuel S. Course: When: sylvania Law School Law sylvania Fall 2013 Fall Corporations Columbia Columbia The New New The

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- “Politics, State Building, and the Courts, Courts, the and Building, State “Politics, and Workers’ Constitution Distributive “The “Activist Fiscal Policy,” Fiscal “Activist Associate Dean for Research, University American Economic Journal: Economic William Forbath William Yale University; JD, Yale Law School Law Yale JD, University; Yale Africa and Latin America Latin and Africa Alan Auerbach Robert D. Burch Professor of Economics Economics of Professor Burch D. Robert Policy Economic Perspectives Economic Lloyd M. Bentsen Chair in Law and and Law in Chair Bentsen M. Lloyd Law in America, Vol. 2 America, in Law 1870–1920,” Course: Clerkship: of Public Economics Colloquium and Seminar Opportunity,” Opportunity,” Output Responses to Fiscal Policy,” Policy,” Fiscal to Responses Output Rights,” Rights,” Generational Equity in Sustainable Sustainable in Equity Generational Harvard University Harvard PhD in American studies, studies, American in PhD District of Pennsylvania District fiscal policy; budget rules budget policy; fiscal tax reform; demographic change and and change demographic reform; tax US District Court for the Eastern Eastern the for Court District US US Joint Committee on Taxation Committee Joint US Unfunded Pension Systems,” Systems,” Pension Unfunded politics, and social movements of South South of movements social and politics, Selected Works: Selected Works: and identity politics in the 20th century; century; 20th the in politics identity and comparative history; constitutional and constitutional law; history of Jews, law, law, Jews, of history law; constitutional Related Experience: Education: Research: Education: sciences, University of Cambridge; Cambridge; of University sciences, social and economic rights in the courts, courts, the in rights economic and social Multiyear Visitors Multiyear In Residence (2012; co-author); “Welfare and and “Welfare co-author); (2012; Tax Policy and Public Finance Finance Public and Policy Tax Ohio State Law Journal Law State Ohio Behavioral effects of taxation; taxation; of effects Behavioral Judge Louis H. Pollak, Pollak, H. Louis Judge PhD in economics, economics, in PhD political and social in MA The Cambridge History of of History Cambridge The (2013); (2013); Review Law “The Constitution of of Constitution “The “Measuring the the “Measuring University of California, of California, University Berkeley Tax for Center Burch Policy and Public Finance, Finance, Public and Policy When: and Law; Director, Law; and Texas at Austin at Texas History, of University of Law; Professor of of Professor Law; of School Austin at Texas of When: Research: Deputy Chief of Staff, Staff, of Chief Deputy (2011; co-author); co-author); (2011; (2010; co-author) Journal of of Journal (2008) Spring 2014 Spring 2013–14

US legal legal US Journal Journal

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Visiting Faculty Faculty Visiting A. Calder Mackay Professor of Law, Law, of Professor Mackay Calder A. Review Professor for Intellectual Property, Cases and Materials Materials and Cases Chancellor of the Open University of Israel of University Open the of Chancellor Stanford Law School Stanford Law of Comparative of Future Promise,” Promise,” Future Relationships,” Relationships,” western University School of Law of School University western North- JD, University; Northwestern Stefan Bechtold Stefan GLOBAL VISITING PROFESSOR FROM PRACTICE AND AND PRACTICE FROM PROFESSOR VISITING GLOBAL tal Rights Management in the United United the in Management Rights tal Organization and the Supreme Court of Israel of Court Supreme the the Administrative State,” State,” Administrative the law and technology; law and economics and law technology; and law bacco Control Strategies: Past Efficacy and and Efficacy Past Strategies: Control bacco Robert Rabin Robert Dorit Beinisch Dorit States and Europe,” Europe,” and States SENIOR FELLOW, CENTER ON LAW AND SECURITY AND LAW ON CENTER FELLOW, SENIOR Stanford Law School Law Stanford State of Israel; Justice and President of of President and Justice Israel; of State Selected Works: Selected Works: of Tübingen School of Law; JSM, JSM, Law; of School Tübingen of of risks to health and safety and health to risks of of Trade-Secret Protection in Buyer-Seller in of Protection Trade-Secret Related Experience: Education: Research: Education: Hauser Global Hauser Global Tort Law and Alternatives: Tort Alternatives: and Law (2012); Intellectual property; property; Intellectual JD and PhD in law, University law, University in PhD and JD science, political in PhD Journal of Law, Economics, Economics, Law, of Journal “An Economic Analysis Analysis “An Economic and on Tort “Reflections Courses: Course: Hebrew University Hebrew Harms Seminar; Torts Perspective Seminar When: When: regulation/compensation regulation/compensation Security: A Comparative AComparative Security: of Personality; Toxic Toxic of Personality; Education: Research: (2008) Review Law Loyola ETH Zürich ETH Technology Law Law Technology (2011; co-author); “Digi co-author); (2011; Courses: Law and Economics; Economics; and Law When: and Policy Seminar State Attorney of the the of Attorney State (2004) American Journal Journal American (2011; co-author); “To- co-author); (2011; 2013–14 Spring 2014 Spring Fall 2013 Fall Judging National National Judging Protection Protection Innovation Innovation

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(1994) (1994) Laws of Conflict the and Litigation Institutions Former UN Under-Secretary-General, Supreme Justice, Mapesbury; of Lord Minority Rights and the Empowerment Empowerment the and Rights Minority Conflict: Towards Universal Ratification Ratification Universal Towards Conflict: Women; Children and Armed Conflict Armed and Women; Children of Women Women of Armed in Children of Involvement the on - on Globaliza Colloquium Globalization; the Convention on the Rights of the Child Child the of Rights the on Convention the LLM, Harvard Law School Law Harvard LLM, (2012; co-editor); co-editor); (2012; Legal Philosophers Can Dance on the Head Head on the Dance Can Philosophers Legal Identity Within: Cultural Relativism, Relativism, Cultural Within: (2010); Identity Norms,” Norms,” MPhil, University of Cambridge of University MPhil, tion, Economic Development, and Markets and Development, Economic tion, University; LLM, Law Columbia LLM, University; litigation; foreign relations law relations foreign litigation; petition Law System and the Country’s Country’s the and System Law petition international law; transnational transnational law; international regulation; constitutionalism; legal theory legal constitutionalism; regulation; Radhika CoomaraswamyRadhika Collins Lawrence Dennis Davis Dennis Selected Works: Selected Works: Selected Works: ethnic studies; the protection of civilians of protection the studies; ethnic of a Pin?” aPin?” of Education: Research: Education: Research: Education: Research: The Design of Law Competition of Design The /private laws/private of Conflict Human rights; gender studies; studies; gender rights; Human Competition law; global labor labor global law; Competition South African Law Journal Law African South LLB and LLD, Cambridge LLB, University of Cape Town; Town; Cape of University LLB, School; Law Columbia JD, (2002) (2013; co-author); “How Many Many “How co-author); (2013;

“South Africa: The Com The Africa: “South The Conflict of Laws of Conflict The The Optional Protocol to Protocol Optional The Essays in International International in Essays Armed ConflictArmed Judge President, Judge President, Kingdom (2009Kingdom Court of the United United the of Court Court, South Africa South Court, Appeal Competition Special Representative Representative Special Courses: Courses: Courses: Human Rights of of Rights Human When: When: When: for Children and and Children for in Transnational Law Law Transnational in in the Context of of Context the in Seminar Spring 2014 Spring 2014 Spring Spring 2014 Spring International International Problems Select Labor Law Law Labor –

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“The True, the Good, and the Reasonable: Reasonable: the and Good, the True, “The Associate Professor and Canada Research The Theological and Ethical Roots of Public Public of Roots Ethical and Theological The Professor of Law, University of Warsaw of University Law, of Professor Law, University of Toronto Faculty of Law of Toronto of Faculty University Law, in a Time of Emergency (2006) Emergency of aTime in Legality Legality of Pathologies Systems: Legal Law Review Chair for the Law and Economics of Islamic Islamic of Economics and Law the for Chair

JD, University of Virginia School of Law of School Virginia of University JD, (2008) Jurisprudence and Law of Clerkships: Constitutional Amendments? Interna Amendments? Constitutional District of Georgia; Judge Paul V. Paul Niemeyer, Judge Georgia; of District Reason in Islamic Law,” Islamic in Reason LLB, University of the Witwatersrand Witwatersrand the of University LLB, (2nd ed., 2010); ed., (2nd Democracy,” Democracy,” Morality: An Introduction to Philosophy Philosophy to Introduction An Morality: tional Law as a Norm of Reference,” Reference,” of aNorm as Law tional US Court of Appeals for the Fourth Circuit Fourth the for Appeals of Court US human rights US District Court for the Southern Southern the for Court District US history; modern Middle Eastern law; law; Eastern Middle modern history; political philosophy; public philosophy; political political and legal theory legal and political lic Accommodation of Islam in Liberal Liberal in Islam of Accommodation lic ists, Female Citizenship, and the Pub the and Citizenship, Female ists, Mohammad Fadel David Dyzenhaus David Dyzenhaus Lech Garlicki Lech School of Law of School Selected Works: Selected Works: Selected Works: of Law; Seminar Law of Rule Law; of constitutional law; ; review; judicial law; constitutional of Courts: The Role of Supranational Supranational of Role The Courts: of Education: Research: Research: Education: Philosophy of law; of law; Philosophy Constitutional law; comparative comparative law; Constitutional DPhil, University of Oxford; of Oxford; University DPhil, PhD, University of Chicago; of Chicago; University PhD, Judge Anthony A. Alaimo, Alaimo, A. Anthony Judge (2011; co-author); “Cooperation “Cooperation co-author); (2011; Politics The Constitution of Law: Law: of Constitution The

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and Religion Religion and Fall 2013 Fall 2013 Fall Fall 2013 Fall Canadian Journal European European Law and and Law Introduction Introduction Islamic legal legal Islamic

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61 THE PEOPLE 62 WWW.LAW.NYU.EDU Associate Professor, University of Melbourne, Wojciech Sadurksi Equality and Legitimacy Legitimacy and Equality Materials, and Essential Cases (8th ed., Cases Essential and Materials, JOINT STRAUS/SENIOR EMILE NOEL FELLOW Challis Chair in Jurisprudence, Sydney Sydney Jurisprudence, in Chair Challis 2012; co-author); 2012;

Jurisdictions in Europe,” Europe,” in Jurisdictions Judge, European Court of Human Rights Human of Court European Judge, of Permanent Establishments: Principles Principles Establishments: Permanent of Community of Democracies Community Contract Law Chairman, Academic Advisory Board, PhD, Deakin University University Deakin PhD, Institute of Public Affairs (Poland); (Poland); Affairs Public of Institute Stefan Vogenauer uniform law; legal method legal law; uniform and Policy and (2012); (2012); Europe of Enlargement the and tions Subcommittee on Transfer Pricing on Transfer Subcommittee tions (1993-2001); Poland of tional to Comparative Law; Comparative Comparative Law; Comparative to University of Warsaw Faculty of Law Law of Faculty Warsaw of University ; ; transnational transnational law; private history; legal international tax law; transfer pricing transfer law; tax international Michael Kobetsky Michael Selected Works: Selected Works: Selected Works: and international international and law commercial constitutionalism comparative theory; political law; of of Warsaw of Research: Related Experience: Education: Research: Related Experience: Education: Research: Related Experience: Education: Comparative law; European European law; Comparative Jurisprudence; philosophy philosophy Jurisprudence; policy; and law Taxation LLB, ANU College of Law; Law; of College ANU LLB, University PhD, and JD LLM and PhD, PhD, and LLM (2011)

Income Tax: Text, Tax: Text, Income

The Common European European Common The Constitutionalism Constitutionalism International Taxation Taxation International University of Oxford Oxford of University University of Warsaw of University Faculty of Law of Faculty Law School; Professor, Linklaters Professor Professor Linklaters Centre for Europe, Europe, for Centre of Comparative Law, Law, Comparative of Courses: Course: When: When: to Political Philosophy Political to Avoidance Melbourne Law School Law Melbourne Courses: Comparative and and Comparative International Anti-Tax Anti-Tax International When: Board Member, Board Na- United Member, Constitu- Justice, Fall 2013 Fall 2014 Spring Spring 2014 Spring (2008) Introduction Introduction I

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“Neighbourhood Effects and the the Wel and Effects “Neighbourhood Associate Professor of Economics, University Applied Economics Agenda?” Journal of Economics Journal Professor of Social and Economic Geography, Geography, Economic and Social of Professor Ius Commune Casebooks for the Common Common the for Casebooks Commune Ius Law German and English Law of Europe: Cases, Materials, and Text and Materials, Cases, Europe: of Law Studies Sales Law in Context: Interactions with with Interactions Context: in Law Sales of Applied Social Science Studies) Science Social Applied of on Contract Law Law Contract on Composition Effects on Immigrant Immigrant on Effects Composition European Sales Law) Sales European Kingdom United and Parliament Incomes,” Incomes,” Harvard University Harvard Boundaries,” Boundaries,” Economic Outcomes in the Age of Mass Mass of Age the in Outcomes Economic and Self-Selection Masses: Huddled (2012; co-author); “School Desegregation Desegregation “School co-author); (2012; Migration,” Migration,” labor markets over the 20th century 20th the over markets labor from the Black Migration,” Migration,” Black the from fare State: Toward a European Research Research aEuropean Toward State: fare Leah Boustan Roger Andersson Segregation: Swedish Policies and Experi and Policies Swedish Segregation: Selected Works: Selected Works: Suburbanization ‘White Flight’? Evidence Evidence Flight’? ‘White Suburbanization and Urban Change: Evidence from City City from Evidence Change: Urban and ences,” ences,” government (proposal for a Common aCommon for (proposal government geography, Uppsala University University Uppsala geography, Education: Education: Related Experience: Education: Straus Fellows (2012; co-author); “Counteracting “Counteracting co-author); (2012; Housing Studies Housing Schmollers JahrbuchSchmollers (Journal PhD in economics, economics, in PhD economic and social in PhD MJur, MA, University of Oxford of University MA, MJur, Journal of Ethnic and Migration Migration and Ethnic of Journal American Economic Review American Economic Journal: “Neighbourhood Ethnic “Europe’s Tired, Poor, “Europe’s Tired, Edmund J. and Louise W. Louise J. and Edmund Kahn Term Professor in in Term Professor Kahn Studies and Education; Education; and Studies the Social Sciences; Profes Sciences; Social the Camille Charles Camille sor of Sociology, Africana Africana Sociology, of sor (2010; co-author) Uppsala University University Uppsala Institute for Housing for Housing Institute National Bureau Bureau National of Economic Research Research Economic of of California, Los Ange Los California, of les; Research Associate, and Urban Research, Research, Urban and in northern cities and and cities northern in and effects of residential residential of effects and Research: Research: segregation (2012); “Was Postwar (2012); Postwar “Was Adviser, European Adviser, European (2010) (2010; co-author); (2010; co-author); (2013; co-editor); co-editor); (2013; Quarterly Quarterly The dynamics Black migrants

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- - You Be My Neighbor? Race, Class, and and Class, Race, You Neighbor? My Be Technology Optimism about Genomic Sci Genomic about Optimism Technology University of Pennsylvania of University Jerry Kang Kang Jerry Hochschild Jennifer Residence in Los Angeles Angeles Los in Residence Political Incorporation Political Immigrant on Perspectives Transatlantic In: Rise and Retreat of School Desegregation School of Retreat and Rise Director, Center for Africana Studies, Studies, Africana for Center Director, Henry LaBarre Jayne Professor of Govern of Professor Jayne LaBarre Henry (2008; co-author); co-author); (2008; Directions New Multiracialism, Genomics, and the Young the and Genomics, Multiracialism, Chair, Department of Africana Studies; Studies; Africana of Department Chair, Can Remake Race in America in Race Remake Can Z. Smith Reynolds Professor of Public Public of Professor Reynolds Smith Z. (2012; co-author); co-author); (2012; 1972 Since Survey ment and Professor of African and African African and African of Professor and ment Like Who? Exploring the Racial, Ethnic, Ethnic, Racial, the Exploring Who? Like Harvard University Harvard Racial Attitudes,” Attitudes,” Racial ism in Post-Race America: New Theories, Theories, New America: Post-Race in ism ing a New Racial Order: How Immigration, Immigration, How Order: Racial aNew ing (2004); “The Private Life of Public Econom Public of Life Private (2004); “The Charles Clotfelter ence can Universities can can Life: Findings from the General Social Social General the from Findings Life: can the United States United the University of California, Los Angeles Los California, of University ics,” ics,” Selective Colleges and Universities,” and Colleges Selective at Students Black of Diversity Class and and universities; Black racial identity in in identity racial Black universities; and author); Selected Works: Selected Works: Education: Research: Education: Education: DAVID M. FRIEDMAN FELLOW (2012; co-author); co-author); (2012; Southern Economic Journal Economic Southern Political and Policy Implications of of Implications Policy and Political Black diversity in elite colleges colleges elite in diversity Black PhD in sociology, sociology, in PhD PhD, Yale University Yale PhD, economics, in PhD (2011); (2011); “The Real Record on on Record Real “The

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- - - - “From Gods to Idols: The Changes in the the in Changes The Idols: to Gods “From The Culture of the Babylonian Talmud Babylonian the of Culture The The Dead Sea Scrolls and Contemporary Contemporary and Scrolls Sea Dead The The Role of Priests in the Priestly ,” Halakha,” Priestly the in Priests of Role The Jeffrey RubensteinJeffrey Department of Hebrew and Judaic Studies, Studies, Judaic and Hebrew of Department History of Sukkot in the Second Temple Second the in Sukkot of History Culture College Annual College Composition, and Culture and Composition, Tannaitic literature; Jewish apocrypha and and apocrypha Jewish literature; Tannaitic Skirball Professor of Talmud and Rabbinics, Rabbinics, Talmud of and Professor Skirball 2:18-21,” Justice in the Hebrew Bible and in Jew in and Bible Hebrew the in Justice Jewish Legal Tradition,” Tradition,” Legal Jewish Jewish-Hellenistic literature; Judaism of the the of Judaism literature; Jewish-Hellenistic of Ancient Christianity of Ancient Compromise and the Goals of Judicial Judicial of Goals the and Compromise Literature and the Revision in Isaiah Isaiah in Revision the and Literature Biblical in Gods Other to Relation Columbia University Columbia Process,” Divine and Judgment God’s: Human Is Hebrew University of Jerusalem of University Hebrew Re-evaluation of Jewish and Christian Christian and Jewish of Re-evaluation (2012); “The Talmudic Debate over over Debate (2012); “The Talmudic (2003); (2003); Cana WermanCana and Rabbinic Periods (1995) Periods Rabbinic and pseudepigrapha; the Dead Sea Scrolls; Dead the Sea Scrolls; pseudepigrapha; political tradition; law and religion and law tradition; political Jewish period; Talmudic the in learning ish Tradition,” Tradition,” ish Haim Shapira Haim Second Temple Period; early Christianity early Temple Period; Second Selected Works: Selected Works: of Jerusalem Education: Research: Education: Education: Talmudic Stories: Narrative Art, Art, Narrative Stories: Talmudic (2011); “Messiah in Heaven? A A Heaven? in (2011); “Messiah Beer-Sheva (2010) (2010) Israel Diné The development of halakha; halakha; of development The PhD in religion, religion, in PhD PhD, Hebrew University University Hebrew PhD, PhD in Bible studies, studies, Bible in PhD Journal of Law and Religion and Law of Journal (2013); “For the Judgment (2013); Judgment “Forthe “The Price of Mediation: of Mediation: Price “The the in Rule “Majority Associate Professor, Archaeology, and Ancient Bar-Ilan University University Bar-Ilan Ben-Gurion University Ben-Gurion Faculty of Law, Law, of Faculty Department of Bible, of Bible, Department New York University YorkNew University Near Eastern Studies, Studies, Eastern Near Senior Lecturer, Lecturer, Senior of the Negev Negev the of Christian and Persian parallels Persian institutions of law and and law of institutions Selected Works: and jurisprudence; jurisprudence; and Research: Research: stories and their East East their and stories (2004) (2006; co-author); co-author); (2006; Hebrew Union Union Hebrew (1999);

Jewish law law Jewish Talmudic Talmudic

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63 THE PEOPLE 64 WWW.LAW.NYU.EDU “Gershom Scholem’s Linguistic Theory,” Theory,” Scholem’s Linguistic “Gershom “The Trouble with Transcendence: Carl Carl Transcendence: with Trouble “The (2011; co-editor); co-editor); (2011; Law Secular After Tikvah FellowsTikvah Today Today (2010) Religion of Study the in Theory The 490-Year Scheme in Second Second Temple in 490-YearThe Scheme Apocalyptic Traditions,” Traditions,” Apocalyptic Edges of Liberalism: Junctions of European, European, of Junctions Liberalism: of Edges Professor, English and American Literature, Literature, American and English Professor, Hebrew University of Jerusalem Jerusalem of University Hebrew Nietzsche Legacy in Germany: 1890-1990 1890-1990 Germany: in Legacy Nietzsche Common Knowledge Common Gershom Scholem Colonial Discourse in British India British in Discourse Colonial German, and Jewish History Jewish and German, California, Berkeley School of Law of School Berkeley California, Joint Straus/ Princeton University Princeton Jerusalem of University Hebrew (1992); (1992); Literature,” Literature,” Negative Theology: On Derrida’s ‘How chantment: Protestant Literalism and and Literalism Protestant chantment: Shira Wolosky Steven Aschheim to Avoid Speaking: Denials,’” Denials,’” Avoid Speaking: to anity Christi Early and Qumran in Practice and University of Chicago; JD, University of of University JD, Chicago; of University political theology; semiotics of religion semiotics theology; political religions; law and religion; secularization; secularization; religion; and law religions; for Religious Studies,” Studies,” Religious for Robert YelleRobert Selected Works: Schmitt’s ‘Exception’ as a Challenge aChallenge as ‘Exception’ Schmitt’s MAIMONIDES FELLOWMAIMONIDES Education: Education: Education: (2009); “Epochs and End-Time: End-Time: and (2009); “Epochs (1998); “Nietzschean Pharisaism,” Brothers and Strangers: The East East The Strangers: and Brothers PhD in history of religions, of religions, history in PhD PhD in comparative literature, literature, comparative in PhD thought, Jewish in PhD Dead Sea Discoveries

The Language of Disen of Language The Assistant Professor,Assistant University of Jerusalem Jerusalem of University Program, University University Program, Emeritus ProfessorEmeritus Department of History History of Department of History, Hebrew Hebrew History, of of Memphis Lévinas; religion, religion, Lévinas; and the Hardin Honors Honors Hardin the and ism; cosmopolitanism and identity and Selected Works: Selected Works: ethics, and postmodern and ethics, empathic experience empathic Research: Research: Research: (2006); “An ‘Other’ (2006); “An ‘Other’ (1993) (1993) Method and and Method

Text, Thought, History of of History Emmanuel Varieties of of Varieties The The (2012); Poetics Poetics (2006)

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“Developing the Publicness of Public Inter Public of Publicness the “Developing An Investigation of International Courts’ Courts’ International of Investigation An UCLA Journal of International Law and and Law International of Journal UCLA Jewish 1800-1923 Consciousness, Professor of Law and Humanities, Humanities, and Law of Professor University Frankfurt am Main and the the and Main am Frankfurt University (2007); “What is Contract Contract is (2007); “What Affairs Foreign Jonathan YovelJonathan Biblical Interpretation Interpretation Biblical Armin vonArmin Bogdandy Institutional Law Law Institutional Interna by Authority Public of Exercise European Jew in German and German German and German in Jew European Ruprecht-Karls-Universität Heidelberg Law western University Law Review Law University western tional Institutions: Advancing International International Advancing Institutions: tional Law Constitutional of Journal tional Crime Be Against Humanity? Philosophi Humanity? Against Be Crime Critique of ‘Skeletal Promises,’” of‘Skeletal Critique LLM and JSD, Northwestern University University JSD, Northwestern and LLM - Justifi Democratic Its and Authority Public Law ‘About’? Speech Act Theory and a and Theory Act ‘About’? Speech Law Freiburg/Breisgau Freiburg/Breisgau JSD, and LLB Berlin; Universität Freie history, University of Wisconsin–Madison University history, ics and Metapragmatics in Genesis,” Genesis,” in Metapragmatics and ics for Global Governance Activities,” Activities,” Governance Global for Framework aLegal Toward Law: national and Language Without Time: Metaphys Time: Without Language and School of Law ofLaw School Selected Works: cation,” cation,” cal Doubts Concerning a Useful Concept,” Concept,” aUseful Concerning Doubts cal of public international law international of public Education: Education: Research: Education: BERKOWITZ FELLOW BERKOWITZ Noël Fellows Senior Emile Emile Senior (2012; co-author); “10 x10,” co-author); Interna (2012; European Journal of International European of Journal International Developing the publicness publicness the Developing MPhil, Faculty of Philosophy, of Philosophy, Faculty MPhil, LLB, Tel Aviv University; Tel University; Aviv LLB, European modern in PhD “In Whose Name? Name? Whose “In Public Law and Interna and Law Public for Comparative Institute Director, Max Planck Planck Max Director, of Public Law, Goethe Goethe Law, Public of Professor of Heidelberg; tional Law, University University Law, tional University of Haifa Haifa of University Faculty of Law of Faculty Creation of Language ofLanguage Creation languages ofjustice languages Selected Works: Research: (2010; co-author) (2012); “How Can a a (2012); Can “How

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- - - Vice-Director, Center for Advanced Studies Studies Advanced for Center Vice-Director, Justice: Equality, Government Procurement, Procurement, Government Equality, Justice: Antoine Vauchez European Law as a Transnational aTransnational as Law European International Law Power-Sharing Past and Present and Past Elements of a Constructivist Theory of Jus Theory aConstructivist of Elements Professor of Political Theory and Philosophy, Philosophy, and Theory Political of Professor L’Invention d’un Programme Institutionnel Institutionnel L’Invention d’un Programme Consociations: Human Rights Versus Versus Rights Human Consociations: Goethe University Frankfurt am Main; Main; am Frankfurt University Goethe (Justitia Amplificata),(Justitia Goethe University Social Field tice of Michigan Law School School Law Michigan of (French ed., 2013; English English 2013; ed., (French l’Europe pour Joint Straus/Senior Joint Straus/Senior German ed., 2011); ed., German Goethe University Goethe Human Rights,” Rights,” Human of Interpretation Judicial and Dignity Christopher McCrudden and Legal Change Change Legal and transnational fields, and the making making the and fields, transnational University; LLB, Queen’s University Belfast Belfast Queen’s University LLB, University; The Right to Justification: to Justification: Right 2003); The ed., man Rainer Forst School of Law; LLM, Yale Law School Law Yale LLM, Law; of School Selected Works: Selected Works: Lawyering Europe: Europe: Lawyering forthcoming); ed., comparative human rights law rights human comparative of international courts international of global justice: legal entrepreneurs, entrepreneurs, legal justice: global Education: Education: Research: Education: science, European University Institute University European science, Emile Noël Fellow (English ed., 2012; German ed., 2007) ed., German 2012; ed., (English An integrated theory of of theory integrated An PhD in philosophy, philosophy, in PhD MA and DPhil, Oxford Oxford DPhil, and MA political and social in PhD (2013; co-editor) (2013; (2013; co-author); “Human “Human co-author); (2013;

(English ed., 2013; Ger 2013; ed., (English Courts and and Courts L’Union Droit: le par European of Journal Belfast; William W.Belfast; Politics Research Professor, Paris 1-Sorbonne Paris Université Politique, Rights and Equality Equality and Rights Human of Professor Professor, University University Queen’s Law, Centre Européen de Cook Global Law Law Global Cook Sociologie et de Science Science de et Sociologie tion and Critique: Toward Critique: and tion a Critical Theory of of Theory a Critical justice and democracy and justice Selected Works: Research: Research: (2008); (2008); (2007) Toleration in Conflict: (English ed., 2013; 2013; ed., (English Buying Social Social Buying Transnational Transnational Fields of

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66 Estreicher throws down the gauntlet on the third-year requirement 67 Rabb on doubt in Islamic law 68 Goodman takes on the White House over drones 69 Four questions for Waldron 70 New scholarship by Fromer, Ginsburg, and Levinson 81 Works by Barkai ’13 and Cao ’13

In the furor over his 11th and latest book, Mind and Cosmos, University Professor Thomas Nagel, the famously liberal philosopher, has attracted unlikely supporters: proponents of creationism and intelligent design. 66 WWW.LAW.NYU.EDU Two YearsAin’t Out of Three Bad T The op-ed The New York Times op-ed YorkNew Times

Samuel Estreicher proposes greater Estreicher flexibilitySamuel in legal education training. and ( Policy Public and islation flexibility in the training of practitioners. practitioners. of training the in flexibility Estreicher stated that law schools should should schools law that stated Estreicher the for wrote Estreicher Rodriguez Daniel Dean access to a generous loan repayment assis repayment loan a generous to access forum the at of law cost the in increases that argue Year a Third evant to students’ needs upon graduation. upon needs students’ to evant sense. make might tuition less one-third lucra less in interested For those choices. a lively held Law NYU that day same the on jobs firm of high-paying Northwestern University School of Law School University Northwestern requirement of the third year. Just hav Just year. third of the requirement tance program like NYU Law’s NYU like program tance have not do who jobs interest public tive which is likely to remain the choice for choice the remain to likely is which public discussion of the two-year proposal. two-year of the discussion public the take to allowed be should students law - com legal the in waves made expert law bar exam after two years of legal education. legal of years two after exam bar be free to offer three years of instruction of years three offer to free be school schools to make the third year more rel more year third the make to schools law for incentive create also but students ing the option will not only help certain certain help only not will option the ing legal a remove to is key The students. many munity last January when he published a published he when January last munity Estreicher Law school debt school Law piece the In , coupled with decreasing numbers numbers decreasing with coupled o some critics, it might seem seem might it critics, o some D. Opperman Professor of Law Professor D. Opperman as if Samuel Estreicher Samuel if as job. The labor and employment employment and labor job. The is trying to put himself out ofa out himself put to trying is , which was based on an article article onan based was which , , limits most graduates’ career career graduates’ most limits ” Estreicher and Rodriguez Rodriguez and Estreicher , “Make Law Schools Earn Earn Schools Law “Make , as Estreicher explained explained Estreicher as , NYU Journal of Leg of Journal NYU co-authored with with co-authored , , demand greater greater demand suggesting that that suggesting JLPP ) , a , , ppeared ppeared Dwight Dwight paying paying - - - - - , ,

ABA’s Task Force on the Future of Legal Legal of Future ABA’s the on Force Task 1970s the pr Richard Matasa,RandalMilch ’85,ZacharyFasman, andJoy Radice. Notpictured: RandyHertz. Judge Jonathan Lippman ’68 expressed ’68 expressed Lippman Jonathan Judge Education held a public hearing. Many Many hearing. apublic held Education Paris standards. accreditation Association Bar government agency fieldwork in Washing fieldwork agency government already developing such aprogram). such developing already responsibil more have but lawyers not are curriculum a two-year JLPP His debate. academic a longstanding going.” be should we where and a good prob the of ubiquity the acknowledged changes that give students the ability to to ability the students give that changes the in back is thinking outside-the-box American revise to aproposal opposed the In ofAppeals. Court NY the by created of a two-year option of atwo-year February in And initiatives.) on these - instruc special and areas; legal ofeight one requirement in New York State to a 1911 rule rule a 1911 to York New State in requirement use the third year as a transition to practice to atransition as year third the use profession legal the in upheaval tion in business and financial literacy and and literacy financial and business in tion ton piece traced the history of the three-year three-year ofthe history the traced piece take to us challenges “Sam’s proposal lems: freely and ideas Estreicher’s in interest keen lawyers and students testified in support support in testified students and lawyers more for 20 (See page skills. leadership Aires Buenos in semester practice-abroad zeitgeist. Last fall Last zeitgeist. ity than paralegals (Washington State is is State (Washington paralegals than ity who technicians legal limited-license for study-and- designed a specially including With the financial recession causing causing recession financial the With Estreicher’s proposal is firmly rooted in in rooted firmly is proposal Estreicher’s Seated in the front row front the in Seated , DC; specialized skill development in in development skill specialized DC; offer , , or Shanghai; a semester of study and and ofstudy asemester orShanghai; two prominent reports supported supported reports prominent two , hard look at what we’re doing now now we’re doing what at look hard  A Januarypanelto discuss the3Lyear included,from BrianTamanaha, left, JohnBarrett, , NYU Law announced announced Law NYU , along with training training with along , but law schools schools law but , New York Chief York New Chief , however , the the - - - , , ,

“The current system may not hold in the near near the in hold not may system current “The Anthony Amsterdam Anthony oth Gillers and Estreicher signed signed Estreicher and Gillers oth March Miller Law Blog. The missive supported missive The Blog. Law Richard Epstein Richard as did Judge of the US Court Court US the of Posner Richard Judge did as that force task ABA the to letter open an a have would graduates those whether and onand focus to need minds “Good asked. come to some agreement on these issues.” onthese agreement some to come everyday legal needs like drafting wills. wills. drafting like needs legal everyday of lack education: of legal state current the with uneasiness his to contribute Circuit. Seventh the for of Appeals measures other in But jobs. for competing in disadvantage York New from graduates two-year ognize about forum January the at concerns ’68ers representation for most Americans com Americans most for representation president ABA now they all need to cost the same amount?” he he amount?” same the cost to need all they the idea are coming around. Stephen Gill Stephen around. coming are idea the was discussed in the the in discussed was rec would associations bar state whether prepared to meet working Americans’ Americans’ working meet to prepared leaving the third year as an elective or an oran elective an as year third the leaving president-elect bined with law graduates who are not are who graduates law with bined schools need to teach the same things? Do Do things? same the teach to need schools e says. “That’s what we should be be should we what “That’s e says. on.” focusing future professors Law NYU Fellow internship.” years two after degree fessional law the all “Do reform. education legal for For Estreicher ABA was he when interview a 2012 In Even those who were slow to embrace embrace to slow were who those Even , , , , and Burt Neuborne also signed on signed also Neuborne Burt and ” h Elihu Root Professor of Law Professor Root Elihu b Atticus GannawayAtticus , , , James Silkenat LLM ’78 LLM Silkenat James “awarding the basic pro basic the “awarding Helen Hershkoff Helen , two intertwined issues issues intertwined two , emphasized the need need the emphasized Wall Journal Street , Norman Dorsen Norman , , among among Arthur Arthur , , raised raised while while ’s ’s - - - - , , ,

Embracing the Value of Doubt

In Islamic law, the strength and validity of legal rulings were based on texts that Mus- lims believe to be of divine origin, and there- fore absolute. But upon closer scrutiny of how Muslim jurists handled criminal cases, Intisar Rabb, associate professor of Middle Eastern and Islamic Studies and Law, found more gray than black and white. Last February, A Big Bang she was the youngest alumna to give Yale Law School’s James A. Thomas Lecture, established to recognize scholars whose work addresses t 128 pages, University Professor outcomes, although without a divine force. concerns of communities or groups that are Thomas Nagel’s book Mind and He further asserts that “almost everyone in marginalized within the legal academy or so- A Cosmos may look modest, but our secular culture has been browbeaten ciety at large. Her lecture was based on her it ignited something of a furor in the into regarding the reductive research pro- forthcoming book, The Burden and Benefit of fields of science and philosophy upon its gram as sacrosanct.” Doubt in Islamic Law. publication last October. The book’s sub- The controversial argument has created Examining doubt runs contrary to the title helps to explain the reaction: “Why unexpected bedfellows. Famously liberal typical focus of inquiry in Islamic jurispru- the Materialist Neo-Darwinian Concep- and atheist, Nagel has seen his book garner dence, Rabb noted. Though they placed a tion of Nature Is Almost Certainly False.” accolades from conservative publications premium on certainty, which has been “often Nagel posits that the existence of human and supporters of intelligent design theory. conflated with textualist meanings of law,” consciousness is Conversely, scientists and some of Nagel’s Muslim jurists recognized that certainty was a fundamental as- fellow philosophers have expressed elusive. At the same time, the potential harm pect of the universe doubts about the book’s reasoning. from any lack of certainty could be substan- that cannot be ex- In the New Republic, Christian philos- tial. Doubt about the law or facts, Rabb said, plained by evo- opher Alvin Plantinga called Mind and could present “the God-subservient Mus- lutionary theory Cosmos an “important new book” that lim with a paralyzing burden: Apply a harsh alone, and argues critiques “some of the most common and criminal rule even if doubtful about the facts, that a “natural tele- oppressive dogmas of our age,” and in the or dismiss the rule in cases of doubt and risk ology” might lead Wall Street Journal philosopher Jim Holt disobeying the lawgiver.” the universe to wrote that Nagel “offers a sharp, lucidly Rabb discovered, however, that the strict produce particular argued challenge to today’s scientific textualism that gave rise to this dichotomy worldview.” The National Review deemed departed from the mainstream approach to From Mind and Cosmos: the book “a work of considerable courage Islamic legal interpretation historically. In- I lack the sensus divinitatis that and importance.” On the other end of stead, she said, “most Muslim jurists came enables—indeed compels—so the spectrum, Brian Leiter and Michael to see doubt less as an unmitigated burden many people to see in the world Weisberg offered in the Nation that “the to be avoided and more as a ubiquitous chal- the expression of divine purpose as naturally subtitle seems intended to market the book lenge to be resolved.” Contrary to common as they see in a smiling face the expres- to evolution deniers, intelligent-design thought, “they did so by using a legal max- sion of human feeling. So my speculations acolytes , religious fanatics, and others im that privileged about an alternative to physics as a theory who are not really interested in the sub- doubt as an inter- of everything do not invoke a transcendent stantive scientific and philosophical pretive tool to being but tend toward complications to the issues” and suggested the book would avoid punish- immanent character of the natural order. be “an instrument of mischief.” A sym- ment through That would also be a more unifying explana- pathetic Guardian piece nonetheless pro- constructing tion than the design hypothesis. I disagree nounced Mind and Cosmos “the most contextualist with the defenders of intelligent design in despised science book of 2012.” meanings of their assumption, one which they share with Some critics had less polarizing reac- Islamic law.” their opponents, that the only naturalistic tions. Alva Noë of NPR invoked the book’s alternative is a reductionist theory based on importance in prodding scientists and physical laws of the type with which we are philosophers to dig deeper: “If we are familiar. Nevertheless, I believe the defend- to resist Nagel’s call for a radically new ers of intelligent design deserve our grati- conception of fundamental reality…we tude for challenging a scientific world view need to do better than merely defend that owes some of the passion displayed the status quo.” Through the uproar, by its adherents precisely to the Nagel himself has remained silent, pre- fact that it is thought to liberate ferring to leave his published arguments us from religion. to speak for themselves. 68 WWW.LAW.NYU.EDU this this Law International of Journal European A A Forcing the Issue the Forcing displays the qualitiesofareligious experience intheprofound space offaith. way, inawonderful marriage, love isknown). This isthedomain offaith. Therein liesthe cal charm;itisnot necessary to elevate baseballto the level ofultimate concern Combatants” cogently spells out how out spells cogently Combatants” (LOAC) requires that “if enemy combat enemy “if that (LOAC) requires most powerful connection to baseball,its rhythms andpatterns, astonishing feats andmysti- ants should not automatically be subject subject be not automatically should ants ants can be put out of action by captur by ofaction out put be can ants of where they are found. Rather found. are they of where to notice that,for thetruefan, there issometimes atouching oftheineffable that ries and now slated for publication in the the in publication for slated now and ries to lethal force upon discovery upon force lethal to opinions experts’ many to trary last Network Research Science Social the they can be put out of action by injury by ofaction out put be can they winter. Ranked as one of the most down most ofthe one as Ranked winter. loaded SSRN articles in multiple catego multiple in articles SSRN loaded on posted was it after shortly interest profile said ing them ing fall Like Baseball, God, and Apple God, Pie? Baseball, Like , “The Power to Kill or Capture Enemy Enemy Capture or Kill to Power “The , the modern law of armed conflict conflict of armed law modern the Anne and Joel Ehrenkranz Professor Professor Ehrenkranz Joel and Anne working pape working rew intense and high- and intense rew of Law , they should not be injured; if if injured; not be should they , d There ismuchthat known today, andeven more thatisunknown now). [T]ruefaith...deals withthatwhichisunknowable inthescien- president john sexton, benjamin f. butlerprofessor oflaw, publisheda tific sensebutwhichthebeliever knows withall ofhisorherbeing(the today butthatwillbeknown (perhapseven hundreds ofyears from From BaseballasaRoad to God:SeeingBeyond the Game: book inMarch basedonacourse heteaches to undergraduates atNYU. r b y Ryan Goodman y Ryan , , regardless regardless Goodman Goodman one thatisbeyond whatisknowable inscientific terms. expressed, for itisrooted inanotherdomainofknowledge, [F]aith isanaffirmationofsomethingthatcannotbe , combat , con ------, ,

Goldsmith of Harvard Law School Law ofHarvard Goldsmith ofwar laws modern that contests Goodman Force’s general counsel Force’s general Evil Lesser assertions: in his official blog as the Air the as blog official his in assertions: on paper white leaked administration’s debate between Goodman and his critics critics his and Goodman between debate impor and “timely work Goodman’s called a long with “consistent claim his calling claims administration “The drones. of the rules of the conclusion on this issue.” onthis conclusion nent thinkers spurred a point-by-point apoint-by-point spurred thinkers nent tant.” A series of responses from promi from ofresponses Aseries tant.” provoked wisdom conventional current to past authorities’ legal ofinternational tory” paper white Department tice standards those ofwar laws ofthe review tive can they if and killed; not be should they wrote that the vigorous exchange Good exchange vigorous the that wrote war of field the in scholars well-known combatant enemy an kill to whether paper white experts who reached the same same the reached who experts ofwar law respected highly most ofthe ofsome line his a“lost tracing by contention his ports He sup choice. that on limits real place Jus the to According wrong.” of being point by all of us LOAC wonks.” LOAC ofus all by bluntly in a February 19 Slate piece 19 Slate aFebruary in bluntly injury light by ofaction out put be special counsel to the Defense Department Defense the to counsel special reactions strong offorce use onthe restraints for support ment has discretion in wartime to choose choose to wartime in discretion has ment injury should be avoided.” avoided.” be should injury man had inspired is “worth a careful read read acareful “worth is inspired had man blog Lawfare the On fare. ful military voice took note of Goodman’s ofGoodman’s note took voice military ful power one least at And forums. several in Goodman stated the matter more matter the stated Goodman Unsurprisingly , , , however ” i to have conducted an exhaus an conducted have to n reference to the Obama Obama the to n reference , , ” h both pro and con and pro both , Goodman’s challenge challenge Goodman’s e wrote. “Its portrayal portrayal “Its e wrote. , is incomplete to the the to incomplete is , Charles Blanchard Blanchard Charles

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“how the concept of humandignity helps “She hasbeenableto show how important ’ Jeremy Waldron, White’s doctoral supervisor. 15, whousesthephilosophy ofemotionto criti- evaluative judgment.Abetter understand- cally appraise legal theoryandpractice onrights. complicating effortsto protect it.This state of ed understanding ofwhatmatters incertain adjudication ofrightsclaimsaswell ashow rights claimantsexpose theinjustice ofaleg- soning, says White. Butsheplansto show seen ashaving anegative effect onlegal rea- man rightscases,” saidUniversity Professor philosophy oftheemotionsto understand affairs troubles EmilyKiddWhite LLM’09,JSD pity, orempathy, playrole animportant in Foundation Scholarship. the admission ofevidence detailingsuffering, the significance ofappeals to dignity inhu- ticular emotions,suchascontempt, disgust, the concept itself resists concrete definition, islative schemeorgovernment actthrough the emotionaldimensionisfor afull-blood- it relates to the procedural and evidentiary ing oftherole ofemotion,says White, willil- humiliation, anddegradation.” has won her a three-year, $ kinds oflegal argument.” laws governing their adjudication. Her work luminate how humandignity isinvoked inthe “Emily brings important insightsfrom“Emily bringsimportant the White’s will show dissertation how par In legal theory, emotions are typically     ,     , ,       ,        .. or.. [email protected]. Brown contact Betsy at Please recognized. be Find out how your rm’s contributions can                ,  ,,  , , ,     Decisions Emotional a central place in hu- man rightslaw, yet Human dignity holds 180,000 Trudeau - American Courts. Arizona State; and—most important for important and—most State; Arizona A review of your titles from the last several several last the from titles your of A review Common to All Mankind All to Common Waldron Takes Questions Takes Waldron

has excited the most most the excited has Speech Hate in Harm Writer Atticus Gannaway to have the fol the have to Gannaway Atticus Writer ciation. An anti-Semitic website described described website anti-Semitic An ciation. Actually disagreement. specialize. to in order off things cutting osity. Is there a topic you would never write write never would you atopic there Is osity. Which ideas from your recent works have Law School; Professor James Weinstein at at Weinstein James Professor School; Law I write about lots and lots is a bit mislead abit is lots and lots about I write good-natured disagreement as well from from well as disagreement good-natured aspect of these disciplines ofthese aspect a couple of major areas: legal philosophy philosophy legal areas: ofmajor a couple ald Dworkin ald ofpolitics theory the and years suggests you have an insatiable curi insatiable an have you suggests years University Professor Jeremy Waldron pub Waldron Jeremy Professor University the book with Robert Post Robert with book the and good-faith been has there But tongues! our off cut to attempt aJewish as book the it seems.than every in interest my Imaintain theory. political normative modern and torical people I greatly respect. I have debated debated Ihave respect. Igreatly people him: with exchange lowing 2012 in books four lished bit about transactional law in “ in law transactional about bit So one week it is Aristotle is it week one So about? ing. I work through the central agenda of agenda central the through Iwork ing. me—my dear friend and colleague Ron colleague and friend dear me—my It’s narrower ofpowers. separation the is positivism ethical is it prompted the most disagreement Transactions. Hang on—there is a is on—there Hang Transactions. , j ust recently passed away. passed recently ust But the impression that that impression the But , and a third week it it week athird and , , prompting Senior Senior prompting it is more denun more is it ” : Foreign Law in in Law : Foreign , , including his including another week week another , dean of Yale of dean , r Partly Laws ather than than ather ?

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Torture, Terror, and Trade-offs: Philosophy Philosophy Terror,Torture, Trade-offs: and above, Waldron also published Note: In thethree to addition titlesnamed 10 years ago 10 years House White the for defending an absolutist position ontor position absolutist an defending that back-and-forth the of effect the often opposition theory— political institutional on essays of dential work dential cisms What topics do you hope to explore next I I call it “ it I call devote to want I also left.) at Decisions” “Emotional (See also Dignity?” Human Law and theMeasure 2012 ofProperty in good place to end up. end to place good absolutism. I hadn’t expected to end up end to expected I hadn’t absolutism. one’s by surprised is one when times are scholarly debate embodies. But then there there then But embodies. debate scholarly ofpowers separation jurispru latest Dworkin’s ofRonald some elaborating and developing to time some responding to their suggestions and criti and suggestions their to responding legal analytic and reevaluating resetting nity works. There are essays on topics such as such topics on essays are There works. when you are engaging with others and and others with engaging are you when in us hegave start wonderful the after ward ture when I began writing what became became what writing Ibegan when ture sur be sometimes can aperson that say to Against Have Philosophers Do “What topic prised by their own moderation? That’s moderation? own their by prised Finally philosophy. into places you didn’t expect. Is it possible possible it Is expect. didn’t you places into prise you? prise How often do your own conclusions conclusions own your do sur- often How ’m continuing to write about human dig human about write to ’m continuing

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69 arguments and opinions 70 WWW.LAW.NYU.EDU A either by virtue of the labor they expend expend they labor ofthe virtue by either works their to rights moral deserve and inventorship within intellectual intellectual within inventorship and scholars reasons instead that creators creators that instead reasons scholars sonalities infused into and bound up bound and into infused sonalities per of creators’ (the aspects sonhoods nological works of value to society by society to ofvalue works nological to create them or because the works are are works the orbecause them create to to create artistic create to preventing certain would-be copiers’ would-be certain preventing light a rhetoric focused on authorship onauthorship focused arhetoric light free-riding behavior. Another group of group Another behavior. free-riding in their works). Other academics high academics Other works). their in per ofcreators’ components important creators to make copyrightable and patentable work. utilitarian and moral rights theories of what compels j Property Intellectual in Incentives Expressive Faculty Scholarship sees complements in competing competing in complements fromereanne sees American theory of intel theory American ccording to the dominant dominant the to ccording and patent laws are pre are laws patent and with just enough incentive incentive enough just with lectual property lectual mised on providing creators creators onproviding mised , scientific , , copyright copyright and tech and ------

c ries place more emphasis on the creator’s creator’s onthe emphasis more place ries work typically attach great significance to to significance great attach typically work up in their creations; they are uniquely uniquely are they creations; their in up that their self-concept is critically bound bound critically is self-concept their that im in complementary be can theories two theo moral-rights whereas creators to tive incen calibrated aproperly via society to that it is devoid of substantive effect. ofsubstantive devoid is it that l portant ways because there is a utility to to autility is there because ways portant both their personhood and labor interests interests labor and personhood their both property law property in their work. Pertinently work. their in demonstrates points ofvantage multitude a from evidence As concerns. moral-rights article this In interests. more concerned with maximizing benefit benefit maximizing with concerned more disjointed as theories moral-rights and ian ikely because utilitarian theories are reators of copyrightable and patentable and reators of copyrightable Scholars nearly always see the utilitar the see always nearly Scholars , all the while assuming assuming while the all , I show that the the that I show , they believe believe they - - - - , ,

“[a]rtists find inspiration in ‘real’ life— in ‘real’ inspiration find “[a]rtists As I explore in prior work on creativity’s oncreativity’s work prior in I explore As 99U in Anderson “I un “I Life, and Writing on Instructions Coppola conveys his most important piece piece important most his conveys Coppola cially because they are self-made and far far and self-made are they because cially [artistic] products [artistic] self-concept their on creations of advice for his children his for of advice be to considered is authorship about else of sort some It provides print. in oneself ofseeing thrill the immediately derstood or her literary works literary or her creations; and they often hold strong in strong hold often they and creations; concept than other types of objects. Likely Likely of objects. types other than concept likely more are ormanipulated created have themselves they orwhich control have people which over Objects concept. philosophical and Psychological concept. experiences Lamott gains; they psychologically possess their their possess psychologically they gains; arts: “Always make your work be personal.” personal.” be work your make “Always arts: Ariston by reported As subjective. and are tightly bound up in aperson’s self- in up bound tightly are are preoccupied with “harnessing expe “harnessing with preoccupied are since the 16th century. 16th the since situated to employ their personal personal their employ to situated szentmihalyi elaborates in Creativity in elaborates szentmihalyi observes Matisse Henri sion.” Painter Mihalyi Csikszentmihalyi recount in their their in recount Csikszentmihalyi Mihalyi role in intellectual property law property intellectual in role vision and genius to create their works; works; their create to genius and vision riences and themes for artistic expres artistic for themes and riences creations artistic their to regard work demonstrates that one’s possessions one’s possessions that demonstrates work usually have about their creations is that that is creations their about have usually this notion comes from the novelist Anne Anne novelist the from comes notion this the process of creation as both personal personal both as ofcreation process the terests in their works and their works’ works’ their and works their in terests reputational for part large in create they to be perceived as part ofaperson’s self- part as perceived be to self- their to linked intimately are they to distinguish between the feeling [he] feeling the between distinguish to the work of art was completed.” Csik completed.” was art of work the life salient to sensitive be to is “artist the highly personal. Authors typically view view typically Authors personal. highly ha[s] for life and [his] way of expressing ofexpressing way [his] and ha[s] life for primal verification: you are in print; there print; in are you verification: primal possessory and self-concept effects with with effects self-concept and possessory possible book from fungible. A striking illustration of illustration Astriking fungible. from is the metaphor of author as parent to his his to parent as ofauthor metaphor the is view this with Coinciding exist.” you fore integrity by virtue of their expended labor. expended of their virtue by integrity for these reasons these for in in meanings that were not perceived before before not perceived were that meanings as experience the of impact the of much and Getzels Jacob scholars it.” Creativity that he is “unable “unable is he that d’un Peintre Notes As to authors to As Beyond the strong influence of artists’ artists’ of influence strong the Beyond that the goal of goal the that Vision Creative The , Bird by Bird: Some Some Bird: by Bird in states who , while at the same time revealing revealing time same the at while , and to translate these into into these translate to and , , , filmmaker Francis Ford Ford Francis filmmaker people experience these these experience people one critical belief they they belief critical one , thereby preserving as as preserving thereby , commonly invoked invoked commonly , who work in the the in work who , , a much much , espe rtists rtists that that ------

© Mike Twohy / The New Yorker Collection / www.cartoonbank.com Taborsky figured out how to use bacteria bacteria use to how out figured Taborsky cal research also shows that the desire desire the that shows also research cal company terminated the project after it after project the terminated company cre their to feel can inventors connection a are inventions their much how discuss anxiety and love like emotions determined inventions their created they that Given theirs. to linked closely Guernica Guernica painting casso’s Pi Pablo painter Spanish principle: this of can Judaism in the face of Jewish tradi ofJewish face the in Judaism can Richie Ameri secular about Roth’s novels Philip and reassigned Taborsky to work on other on other work to Taborsky reassigned and successful not be would it that appeared The water. filtering in used clay of a type project onaresearch assist to assigned 1980s the In ations. are intimately linked to their self-concept their to linked intimately are For example attention. and recognition as ex the is works literary create authors Lionel singer the of daughter adopted s satisfaction and intellectual challenge challenge intellectual and satisfaction search problem search are inventions their think inventors too so nificance inventors attach to the personal personal the to attach inventors nificance research notebooks. Taborsky fought so so fought Taborsky notebooks. research reputation oresteem reputation reality television star Nicole Richie Nicole star television reality work demonstrates the considerable sig considerable the demonstrates work works they create are a vehicle for their their for a vehicle are create they works using bacteria to extract ammonia from from ammonia extract to bacteria using they derive from inventing. Psychologi inventing. from derive they to learn that he had no legal rights in the the in rights nolegal had he that learn to stunned was Taborsky temperature. the raising by extraction this accomplish to question. research original on the work to Taborsky tasks. fact In them. to bound tightly up. And slightly more lowbrow more slightly up. And the adopted daughter of a famous singer. ofafamous daughter adopted the tion mirror the world in which he grew grew he which in world the mirror tion his employer in his contract. Angry and and Angry contract. his in employer his enterprise. the driven largely has his views on the destruction of the Span ofthe destruction onthe views his part of their identity. Relatedly identity. oftheir part pectation of reputational benefits ofreputational pectation many reason A key interest. personhood There country.” the in afternoon peaceful death and birth i inventors invent. inventors why reason amain is self-expression for far as to be convicted of theft of the note of the of theft convicted be to as far invention company power aFlorida for ish Civil War Civil ish is a seemingly endless supply of instances ofinstances supply endless aseemingly is n the context of open-source software ofopen-source context n the cholars show that a quest for reputation reputation for aquest that show cholars An extreme story illustrates the strong strong the illustrates story extreme An Additionally Just as authors believe their creations creations their believe authors as Just , is about the Hollywood lifestyle of lifestyle Hollywood the about is , having signed them away to away them signed having , he refused to turn over his his over turn to refused he , fought during his lifetime. lifetime. his during fought , , , to authors to the horrors ofwar horrors the , nonetheless continued continued nonetheless captivated by the re the by captivated , Petr Taborsky worked worked Taborsky Petr , surely a strong astrong surely , they tend to feel feel to tend they was inspired by by inspired was , , having been been having the artistic artistic the , events like like events , , , a novel by by anovel inventors inventors empirical empirical , , and a and such such , the the ------, , ,

“the fugitive fermentation of an individual individual ofan fermentation fugitive “the quired solving how to press paper to affix affix to paper press to how solving quired re invention Gutenberg’s in step critical A situatedness. unique inventor’s of an example one but as press printing of the originality. be to ceived belief this of coming up with a solution in a stroke of astroke in asolution with up coming d genius. Thomas Jefferson Thomas genius. scored by his personhood-based deter personhood-based his by scored siderations secured for the invention the for secured was participating in a wine harvest awine in participating was endurance continuing the confirms work work was mine.” was work willing to be punished was surely under surely was punished be to willing u tor himself tor (and somewhat A quintessential tions. the and mine were notebooks “the that titled to” his invention. Although he was was he Although invention. to” his titled en “weren’t employers his because jail to go to willing was he that IPAdvocate.org to to the company the patents he ultimately ultimately he patents the company the to possibilities for the light bulb and then then and bulb light the for possibilities brain.” Twentieth-century psychological psychological Twentieth-century brain.” likely driven in part by pecuniary con pecuniary by part in driven likely books images or type. Gutenberg did so when he he when so did Gutenberg type. or images per is characteristic important most is that inventors are creative geniuses creative are inventors that is mythical) example is Thomas Edison Thomas is example mythical) inventors mination ing an executive pardon. Taborsky stated stated Taborsky pardon. executive an ing epicted as laboring and tinkering with with tinkering and laboring as epicted niquely situated to fashion their inven their fashion to situated niquely Another personhood interest in which which in interest personhood Another Take Johannes Gutenberg’s invention invention Gutenberg’s Johannes Take , being jailed for refusing to assign assign to refusing for jailed being , , as he said in an NPR interview NPR an in he said as and society writ large writ society and , , the extent to which he was was he which to extent the c , showing that an inventor’s inventor’s an that showing olorfully called inventions inventions called olorfully “Any yet, intellectual property honey?” , , and later refus later and a noted inven anoted , believe believe , which which ------, , ,

Gutenberg of affixing print to paper to print affixing of considerations to particular solutions. For For solutions. particular to considerations communications about views from distinct is ways certain cooling air cooling problem aparticular of solving considerations functional by creations asolution.” of reaching defined ciologist Robert Merton has shown more more shown has Merton Robert ciologist so what suggests illustration This or type. yond his personal experiences and emo and experiences personal his yond guided away from them by functional functional by them from away guided a particular problem a particular authors connections personal uniquely authors’ among scientists will affectthe likelihood solutions. However solutions. systematically v tions—to find a solution. a find tions—to images affix to paper pressing and wine to their artistic works. Inventors works. artistic their to that “[o]nce a scientific problem has been been has problem “[o]nce a scientific that have searched elsewhere—possibly be presses had not helped solve the problem problem the solve not helped had presses problems to study or successful problem problem successful or study to problems technological and scientific particular placed to solve particular problems in in problems particular solve to placed principles for pressing grapes to make make to grapes pressing for principles the between a connection draw to him led memories inventors is their reputational interest. interest. reputational their is inventors might help guide the inventor’s mind to to mind inventor’s the guide help might for polio. A poignant childhood memory childhood Apoignant polio. for acation experience acation Another personhood aspect vital to vital aspect personhood Another This belief that inventors are uniquely uniquely are inventors that belief This , , profound individual differences differences individual profound are ultimately guided to their their to guided ultimately are , , or , if his experience with grape grape with experience his if creating software to encrypt encrypt to software creating themes do not help solve solve do not help themes , The Sociology of Science of Sociology The in , or providing a vaccine avaccine providing or , if personal emotions personal if , or lasting emotion emotion orlasting , inventors will be be will inventors , he likely would would likely he , such as as such , unlike unlike - - - , , ,

71 arguments and opinions 72 WWW.LAW.NYU.EDU of law theories expressive and norms and of law cre effectuate and for solicitude express ducement to create valuable intellectual intellectual valuable create to ducement designed to protect this interest. this protect to designed are discovery in ofpriority systems ety’s is interest reputation or Boyle’s law). This community entific Merton activities. creative Empirical studies show that inventors inventors that show studies Empirical a rich legal literature on the interaction interaction onthe literature legal a rich critical rights—something moral ators’ functionality. accommodate and patent law can protect creators’ la creators’ protect can law patent and Therefore works. artistic authors in their artistic works. However works. artistic their in authors their from result can that reputation and prestige the with concerned heavily are significance into the incentives they offer offer they incentives the into significance to deform easily might interests sonhood s so important so scribing a communism pervading the sci the pervading acommunism scribing right and patent laws advance their utili their advance laws patent and right - “recogni to a claim innovators give norms utilitarian and moral-rights theories in to them—copyright and patent laws can can laws patent and them—copyright to that incentives providing By creators. to this incorporate they when goals tarian the two the tives.” The law’s careful use of expressive expressive of use careful law’s The tives.” tion and esteem and tion tively similar to those characteristic of characteristic those to similar tively system Copernican the (as in results their provide a strong incentive to creators to to creators to incentive astrong provide ploy rhetoric communicating concern concern communicating rhetoric ploy property. This particular marriage of the of marriage particular This property. bor and personhood interests and em and interests personhood and bor interests in their creative works creative their in interests labor and personhood oftheir inventors make socially valuable works. Drawing on on Drawing works. valuable socially make functionality incentives can bolster the utilitarian in utilitarian the bolster can incentives for these interests “expressive incen interests in their inventions are qualita are inventions their in interests labor and personhood typical inventors’ ome notable differences appear between between appear differences notable ome All in all in All Given the importance to authors and and authors to importance the Given Twitter us on Follow @nyulaw , I call the ways in which copyright copyright which in ways the Icall , particularly based on inventions’ oninventions’ based particularly , the evidence suggests that that suggests evidence the , , a quality not necessary for for not necessary a quality in Merton’s view in , ” s , observes that scientific scientific that observes uch as via eponymy for for eponymy via as uch , inventors’ per inventors’ , despite de despite , that soci that , copy ------,

This discussion is tentatively normative. normative. tentatively is discussion This centives centives in these areas these in centives calculus whenever there is a conflict be aconflict is there whenever calculus Moral-rights costs. the exceed so of doing o quest. Many might be relatively cost-free cost-free relatively be might Many quest. degree of valuable artistic of valuable degree clude expressive incentives expressive clude in to incentives property intellectual of landscape conceptual the complicating ciety so to cost minimal at a progress entific centives in intellectual property intellectual in centives in explored have scholars When quiver. and patent laws already employ such in such employ already laws patent and a structure of duration structure work. at be to seem already incentives sive scription requirement. Current copyright copyright Current requirement. scription society’s cultural society’s and inventors of rights in their works. By By works. their in ofrights inventors and analogous philosophical issue of the pos ofthe issue philosophical analogous ofexpressive notion the Iground well. as sible that right and patent laws in which expres which in laws patent and right sition society’s benefit society’s into inquiry of line another open to seeks cultural society’s sibility of rights in utilitarian systems. utilitarian in ofrights sibility relinquish some traditional pecuniary pecuniary traditional some relinquish valuable arrow in intellectual property’s property’s intellectual in arrow valuable tween the two the tween benefits the that indicates analysis tarian utilitarians seek to award the least incen least the award to seek utilitarians to creators themselves creators to this in utilitarians assist to likely are tives incen Expressive creation. technological the intellectual property incentive at little little at incentive property intellectual the arequisite for exchange in possible tive tive possibilities from the utilitarian po utilitarian the from possibilities tive expressive be can incentives utilitarian the optimal structure of incentives. For of incentives. structure optimal the logical progress. logical harm to likely is rights ofmoral protection under-theorized provide. Expressive interests Expressive provide. the use of expressive incentives has been been has incentives expressive of use the loss to society at large. In fact In large. at society to loss have not looked much beyond offering offering beyond much not looked have Some areas seem to be promising ones ones promising be to seem areas Some pecuniary incentives to appreciate that that appreciate to incentives pecuniary form is typically anemic. typically is form in expressive robust of employment for former first-to-invent rule and written-de and rule first-to-invent former interests ought to yield to the utilitarian utilitarian the to yield to ought interests incentives that are costly for society to to society for costly are that incentives i for society to provide but are very valuable valuable very are but provide to society for incentives in intellectual property in the the in property intellectual in incentives ndividual creators would be willing to to willing be would creators ndividual ught to be protected only when the utili the when only protected be to ught nd originality requirement; and patent’s patent’s and requirement; nd originality I examine areas in American copy American in areas I examine I approach this broadening ofincen broadening this I approach , through limited grants to authors authors to grants limited through , which is concerned with promoting promoting with concerned is which , such as: attribution; copyright’s copyright’s attribution; as: such , t o expressive secure incentives , largely because extensive extensive because largely , ,

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of the overall utilitarian goals of copyright critical countervailing societal interest interest societal countervailing critical conceptually. Despite authors’ frequently frequently authors’ Despite conceptually. them upon building by inventions others’ to improvements make to seek quently it make might way some ceptually—in concretizes the personhood interest cre interest personhood the concretizes cast a creator’s involvement acreator’s cast created the work. work. the created Even if the creator ends up having no having up ends creator the if Even By bolstering a creator’s reputation acreator’s bolstering By and artists often have strong feelings of feelings strong have often artists and Authors adaptation. law. Take patent and an invention—either physically orcon physically invention—either an adaptations or uses do not affect the affect not do uses or adaptations ators have in viewing their creations as as creations their viewing in have ators ator and the creator’s work. By doing so doing By work. creator’s the and ator sense this In salary. ahigher and opportunities professional increased as strong interests in integrity in interests strong said That functioning. stop Moreover strong components of their self-concept. self-concept. of their components strong sive incentive in another way. In a visible avisible way. In another in incentive sive strongly positive reputation can provide provide can reputation positive strongly sonhood interests. First interests. sonhood rights of their alienation on creators’ restraints Merton observed with regard to eponymy eponymy to regard with observed Merton rights to control the work’s use work’s the control to rights will often be worried about the changes changes the about worried be often will nothing is creators to attribution viding with others making adaptations or other or other adaptations making others with value to his or her work. Just as Robert Robert as Just work. orher his to value uses of their work their of uses way the work they have distributed as well. well. as distributed have they work the of copies physical to made be might that tion retains for the creator this visible link. visible this creator the for retains tion Awork’s attribution creators. its to work tion. Attribution makes it easy to broad to easy it makes Attribution tion. have similar feelings similar have expressive. be also can Yet attribution tive. rewards financial with creator the A creator. the to kudos give to public the the creator with reputational gain reputational with creator the central creator’s the expresses tribution law of the areas other in incentives pressive having in creator the to important thing reasons two for tive incen expressive an be can creators its to less likely to be at risk because changing changing because risk at be to likely less parison com By work. their of copies physical bolster an author’s or inventor’s reputa orinventor’s author’s an bolster integrity with regard to their works. They They works. their to regard with integrity more than a traditional pecuniary incen pecuniary atraditional than more in scientific theories scientific in incentive is a right attributing a protected a protected attributing a right is incentive Attribution can also serve as an expres an as serve also can Attribution By contrast By Perhaps the most promising expressive expressive promising most the Perhaps , ,

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Any diminishment in such modifications article of the same title published in the the in published title same the of article jeanne fromer special fromer jeanne Law of Professor December 2012 Virginia 2012 LawDecember Review unified theories of copyright and patent patent and copyright of theories unified tion law, with particular emphasis on on emphasis particular with law, tion izes in intellectual property and informa- and property intellectual in izes law. This excerpt is adapted from an from adapted is excerpt This law. offer maximal societal benefits at mini at benefits societal maximal offer more care might others create; to centives heterogeneous. is inventors and authors of work future out carrying In large. at ety that benefits and costs onthe and output ei incentives which in ways precise on the in onthose impact an has or adaptations art. further create to creations of existing of incentives in intellectual property intellectual in incentives of a as serve might authors to integrity of and empirical—on establishing the ideal ideal the establishing empirical—on and ofthe mix atempered be might another attribution) (such as incentive ary exclu of extent the to attentive are ators cre Some incentives. expressive about society who would possess and enjoy such such enjoy and possess would who society sive rights that patent and copyright law law copyright and patent that rights sive progress. cultural its and society on impose might it costs other and sive incentive expressive strong various incentives might impose on soci impose might incentives various needs firms. Some creators need pecuniary in pecuniary need creators Some firms. in happens creation other alone; working Thus works. which to choose as to the extent of their oftheir extent the to as choose to which from packages ofincentive amenu with fications utilitarian intellectual property system. system. property intellectual utilitarian to maximize their roles in the American American the in roles their to maximize incentive. the their fits best that package incentive the world ideal an In two. vitæ. curriculum their on received have they patents the list than creative creators’ weaken or enhance ther launch a conversation—both theoretical theoretical aconversation—both launch to calibrated carefully be would package pecuni little with expressive principally reward expressive little with pecuniary heavily be might package donomore to happy are others provide; protection. For example protection. be inadvisable due to the intense expres intense the to due inadvisable be Some creation happens with individuals individuals with happens creation Some mix of expressive and pecuniary incentives incentives pecuniary and of expressive mix choose then need—can they what ing know Creators—presumably cost. mal creators provide to sensible be might set the that mind in keep to important is modi authors’ subsequent allowing in As such As It is the hope that this article can can article this that hope It the is light shed to important is work Further , thereby maximizing the utility of utility the maximizing thereby , destructions , in reconceptualizing the role role the reconceptualizing in , even though a robust right right arobust though even , , and adaptations adaptations and another might be be might another , each incentive incentive each , one incentive one incentive , i t is likely to to likely t is . , and and , , it - it it ------

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73 arguments and opinions 74 WWW.LAW.NYU.EDU or less successful institutional design us design institutional successful less or satisfactory more provides cialization of India Tribunal Appellate Competition each particular case. case. particular each way this In ence. organization economics or public af orpublic economics organization cases jurisdiction general of court yet another possibility. possibility. another yet and the United Kingdom may Kingdom United the and addition results rion of success. As it turned out turned it As of success. rion reviewing court’s total docket total court’s reviewing Union. European the except risdiction with common issues for one to identify identify one to for issues common with of spe or another degree one whether action a private in court of a trial view there were not enough decisions dealing dealing decisions not enough were there amore for made has what investigate to the judges may be tailored to the needs of needs the to tailored be may judges the industrial in expert members lay two Finally tors. regula sectoral of various and NCA the t t human capital it brings to bear. For exam bear. to brings it capital human ple ing NCA decisions invites inquiry as to to as inquiry invites decisions NCA ing ing economic sophistication as our crite our as sophistication economic ing i specialized the is dimension important fairs mandatory or discretionary. Few antitrust antitrust Few discretionary. or mandatory or re decision NCA of the review initial is orjudge panel aparticular by ization nclude on a three-judge panel one or one panel onathree-judge nclude hat review decisions of the NCA alone. In In alone. NCA the of decisions review hat here is always an upper-level reviewing reviewing upper-level an always is here The proliferation of tribunals review tribunals of proliferation The , In addition to the antitrust share ofa share antitrust the to addition In No matter what the arrangement for for arrangement the what No matter the specialized tribunals in Canada Canada in tribunals specialized the , or with relevant business experi business relevant orwith , however , however measured. We set out We set measured. however , informal or “opinion” special or“opinion” informal , there are courts are there , reach that level in any ju any in level that reach , the mix of skills among among ofskills mix the , such as the the as such , , variously whether whether , , however another another ------, , , ,

The argument that a specialist tribunal tribunal specialist a that argument The consider each with particular attention to to attention particular with each consider a within space and time over of decisions ciency courts specialized or proposed other measure of performance. In part In performance. of measure other de court between relationships empirical Efficiency is an objective function mea function objective an is Efficiency I and 3. uniformity 3. and are produced from judicial resources. resources. judicial from produced are suring the rate at which judicial decisions decisions judicial which at rate the suring since a specialist tribunal was created to to created was tribunal aspecialist since or established were NCAs many since any or sophistication economic and sign virtues of specialization need not corre need ofspecialization virtues review the decisions of a preexisting NCA. NCA. of a preexisting decisions the review the literature as the “neutral virtues.” We virtues.” “neutral the as literature the cases. ofantitrust text tri generalist versus specialist for case the ticular type of case has an undeniable undeniable an has of case type ticular t how it might apply to antitrust cases. antitrust to apply might it how policy substantive in shifts ideological with late con particular the to criteria those plying actual evaluating literature science litical been widely accepted in the legal and po and legal the in accepted widely been have that criteria to reference by bunals blocked jurisdiction. Because these three putative putative three these Because jurisdiction. is subjective and difficult to measure; measure; to difficult and subjective is for the quality of judicial decisions ofjudicial quality the for expertise matter subject 2. inputs; - effi 1. three: are courts specialized from is more efficient for handling any par any handling for efficient more is . EFFICIENCY he paucity of data reflects the short time time short the reflects ofdata paucity he The conventional claims of benefit benefit of claims conventional The With our preferred research path path research preferred our With , , they are sometimes referred to in in to referred sometimes are they meaning simply outputs per unit of of unit per outputs simply meaning , w e were remitted to evaluating evaluating to remitted e were , meaning consistency consistency meaning , and to ap to and , a proxy aproxy , which which

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centrating all cases of a particular type in in type aparticular of cases all centrating facil also monopoly The assigned. is case activity economic orits reasoning economic aparty’s either in gap a spot to on early ability The cases. antitrust all ofalmost merits the to central least at believe to reasonable it do think undocumented. remains claims of comparable dispose to court eralist case depends upon “the luck of the draw ofthe luck “the upon depends case or on early dismissed be should that claim court of first instance of first court oly on a type ofcase on atype oly amonop has ofappeals court or asingle gained with experience. A judge who re who A judge experience. with gained ofjudg production the in generalists If a single judge in a court of first instance instance of first acourt in judge asingle If I a single appellate forum also conserves conserves also forum appellate a single of field acomplex regulates that agency the around courts specialized many are There speculative. remains but appeal a monopoly over the subject matter. Con matter. subject the over a monopoly law of field any quickly can that appeal on argument an allows private antitrust suits or requires requires or suits antitrust private allows that jurisdiction in a filed cases antitrust all and sees more quickly how a case fits fits acase how quickly more sees and all specialist courts are more efficient than than efficient more are courts specialist sibility that the outcome of a particular ofaparticular outcome the that sibility views the decisions of an administrative administrative of an decisions the views retrospectively by a court of appeals with with ofappeals acourt by retrospectively level trial the At shopping. rum no one judge could possibly hear all the the all hear possibly could judge no one world and in the US the in and world with antitrust with trial judges is therefore inevitable. inevitable. therefore is judges trial likely also is NCA of an decisions the the resources of the higher (generalist higher of the resources the sub the in experience with a judge that cases antitrust of or appeal trial the a gen versus a specialist for takes it time has more heft applied to antitrust than to to than antitrust to applied heft more has pirical foundation for the proposition that that proposition the for foundation pirical be put to the sword. This may be true in true be may This sword. the to put be body of . ofprecedent. body ject matter will be quicker to recognize a recognize to quicker be will matter ject ment of Justice must do. A multiplicity of do. Amultiplicity must ofJustice ment i in the first instance may be eliminated eliminated be may instance first the in evidence. and issues economic recurring to exposure frequent by improved surely is allegations factual is evidence economic because fields most the as ametric simplistic as Even ments. itates business planning and precludes fo precludes and planning business itates its NCA to bring enforcement cases to a to cases enforcement bring to NCA its into the relevant statutory framework or framework statutory relevant the into over scheme regulatory the with familiar .e. I. UNIFORMITY ,

With respect to a specialist court for for court aspecialist to respect With Efficiency specifically in reviewing reviewing in specifically Efficiency Non-uniformity of the decisions made made decisions ofthe Non-uniformity the particular judge(s) to whom the judge(s) the whom to particular the , economy-wide , but the point probably probably point the but , whether sectoral or sectoral whether , then there is no pos is there then , but there is noem is there but , a s the US Depart US s the , becomes becomes , however , we we , as as , ” ------, ,

© Michael Maslin / The New Yorker Collection / www.cartoonbank.com An expert in antitrust likely will bring to to bring will likely antitrust in expert An out pointed has Posner Richard Judge As on competition issues by the judiciary is is judiciary the by issues on competition Their court. federal in evidence economic o ered before concluding a specialist tribu a specialist concluding before ered economists estab with specialists having from ensue most ofthe review for supreme) court often dence Evi on Economic a TaskForce created jurisdictions law civil ofthe domain the within questions ciding de when among choose to answers cial judi competing of benefit of“the court In determining whether a specialist tri a specialist whether determining In guish between technical facility and the the and facility technical between guish III. EXPERTISE event any In a case. Similar views are shared in other other in shared are views Similar a case. in issues economic the understand ally” a federal trial judge trial a federal a survey of antitrust economists revealed revealed economists ofantitrust survey answers. judicial competing provide also supreme the deprives matter a subject substantive change in the law that may may that law the in change substantive specialized court.” That is true at least in least at true is That court.” specialized sized by Judge Posner. There are There Posner. Judge by sized no nal is a superior forum a superior is nal nology and economic concepts peculiar peculiar concepts economic and nology rigor. and logical clarity their in reflected firm that lack of specialized knowledge knowledge specialized of lack that firm and presentations adversarial upon rely may that opinions dissenting not publish within the US antitrust bar for the view view the for bar antitrust US the within that only 24 percent believe judges “usu judges believe percent 24 only that - com of asurvey in found Network tition to antitrust cases than would a generalist. ageneralist. would than cases antitrust to termi legal specialized ofthe use ticated making decision its to costless. not entirely is court highest the courts. the lower among ofconflicts tion that generalist courts suffer from their their from suffer courts generalist that have emphasized. petition authorities in seven countries seven in authorities petition provement in the quality ofdecisions quality the in provement technical By cases. deciding views lished lack of antitrust expertise. The Antitrust Antitrust The expertise. ofantitrust lack bear a more accurate and a more sophis amore and accurate amore bear expertise greater bring to likely is bunal courts law Section of the American Bar Association Association Bar American of the Section jurisdictions facility we mean substantively neutral im neutral substantively mean we facility resolu the than rather issues important formity outweigh the drawback hypothe drawback the outweigh formity i ncreasingly ther weightier drawbacks to be consid be to drawbacks weightier ther n appellate court with a monopoly over over a monopoly with court n appellate ting that “all countries but one reaf one but countries “all that ting Achieving uniformity without resort to to resort without uniformity Achieving There appears to be broad support support broad be to appears There Still ,

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A. SELECTION BIAS SELECTION A. diminished relevance of market defini ofmarket relevance diminished For example thinking. antitrust of skills economic technical of diffusion increased the and economics empirical be will tribunal on a specialist sit to cialist court prom the Does ofentry? likelihood of the exclu are likely How ofacase: outcome the affect can views different damentally effects competitive of the NCA. The interested parties might might parties interested The NCA. of the than below) explained (as influences cal out for or against the appointment of a of appointment the against or for out In the case of a specialist antitrust tribu antitrust of a specialist case the In general and those specific to industries industries to specific those and general are such important issues over which rea which over issues important such are practitioners and theorists both among different by contested is law of field any on substan outlook particular a judge—a evidence.) economic the ate ex FTC’s the whether upon hinges also to Act FTC 5ofthe Section under authority FTC’s the of interpretation expansive an competition affecting issue important an also include consumer organizations and and organizations consumer include also sonable judges may disagree may judges sonable of thought schools sionary practices to harm competition? Is Is competition? harm to practices sionary selection of specialist judges ofspecialist selection the influence to try will interests special risdiction because special interest groups groups interest special because risdiction not. Still not. various confederations of business of confederations various nal will have more at stake. stake. at more have will to more rapid innovation? Because there there Because innovation? rapid more to inferring in structure market and tion that To extent the issues. antitrust tive becoming or after before have—either to the specialist court that reviews decisions decisions reviews that court specialist the these interest groups ordinarily speaks speaks ordinarily groups interest these their efforts is hard to come by because because by come to hard is efforts their have narrowed the gap between schools schools between gap the narrowed have price predation a significant threat in view view in threat asignificant predation price evalu to situated better it renders pertise of competition” methods “unfair prohibit over (Thedebate implementation.” policy least appear to be more subject to politi to subject more be to appear least bar that practices before either the NCA or or NCA the either before practices that bar antitrust organized the and NCA the be judge to a generalist court. court. ageneralist to judge is now widespread agreement about the the about agreement widespread now is ju ofgeneral acourt to ofa judge ment appoint the is than controversial more ise of acquiring static market power lead lead power market static acquiring of ise maintenance is efficient more often than than often more efficient is maintenance is a generalist court. court. ageneralist is facing frequent antitrust claims. None of claims. antitrust frequent facing A At the same time same the At In recent decades recent In , the groups with the most at stake will will stake at most the with groups the lthough it is reasonable to expect expect to reasonable is it lthough , for all its expertise its all for , there remain areas in which fun which in areas remain there , , t and that resale price price resale that and he selection of aspe selection he , a specialist is likely likely is aspecialist , i mprovements in in mprovements ,

may be orat be may , , evidence of evidence a specialist a specialist , there there , both both ------Th ceivably think it important to confine the the confine to important it think ceivably cialized antitrust court does not seem to to seem not does court antitrust cialized of their expertise. Whereas the specialist specialist the Whereas expertise. of their ap neutral most the even affect of time of interesting issues. of interesting of its limitations. The more typical judge judge typical more The limitations. of its dard of review and place the burden of burden the place and of review dard deprive the public of a meaningful check check ofameaningful public the deprive case to which the government is usually usually is government the which to case about the subject that enables the judge judge the enables that subject the about ofspecialist orcultivation appointment an expansive view of the subject ofthe view expansive an are few or no private antitrust actions. To actions. antitrust ornoprivate few are additional bias in favor of the NCA would would NCA ofthe favor in bias additional scope of antitrust law at every turn every at law ofantitrust scope a party at is There government. of the arm an as it must and fail effort its lest appointee party—par interested An appointment. specialists are inherently less desirable desirable less inherently are specialists US the in as specializing in antitrust will likely take take likely will antitrust in specializing B. LOSS OF PERSPECTIVE OF LOSS B. nals will bring to the court a continuous flow flow a continuous court the to bring will we suggest in Part IV that it can be can it that IV Part in suggest we t to a specialist antitrust court might con might court antitrust aspecialist to salary the beyond important dois they upon the agency. Unless this potential for for potential this Unless agency. the upon apossible oppose not publicly would than generalist judges precisely because because precisely judges generalist than suits—such private many are there where the NCA must occasionally be reminded reminded be occasionally must NCA the the extent that courts already indulge ad indulge already courts that extent the cases—but antitrust of all percent 25 than then appear in court before the new judge. judge. new the before court in appear then bar— antitrust the and NCA the ticularly govern the to channels private through exerted be must ordinarily influence their pointee: Judges pointee: be an attractive proposition. attractive an be avoided be can bias pro-government party regulated the upon persuasion brings to the court a depth of knowledge ofknowledge a depth court the to brings believe antitrust is a worthwhile project a worthwhile is antitrust believe least some evidence that specialist tribu specialist that evidence some least pronounced in an antitrust jurisdiction jurisdiction antitrust an in pronounced judges m it brings them. A judge newly appointed appointed newly A judge them. brings it most people most most curmudgeonly judge will come to to come will judge curmudgeonly most the but all expect to reasonable more is ministrative decisions with a lenient stan alenient with decisions ministrative there of jurisdictions majority great the in ment’s interests. This bias may be less less be may bias This ment’s interests. NCA the to advantage an gives inevitably the block or make will who officials ment o be preserved and perfected and preserved o be ore subtle than that arising from the the from arising that than subtle ore ere is another likely source ofbias source likely another is ere Th The need for access to political officials officials political to access for need The , often established to hear a type of atype hear to established often ere is also a plausible concern that that concern aplausible also is ere , , one that may with the passage passage the with may that one are more favorable to the govern the to favorable more are , , where the NCAs bring fewer fewer bring NCAs the where would like to think the work work the think to like would , perhaps even more than than more even perhaps

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75 arguments and opinions 76 WWW.LAW.NYU.EDU —especially in the more path-dependent path-dependent more the in —especially cult to match the supply of and demand demand ofand supply the match to cult court for the resolution of intellectual intellectual of resolution the for court special another and cases of antitrust subject the court aspecialist is there ever cialized court cialized curity Therefore agency. of asingle grasp to hence and context evolutionary can devote more time to each of their re oftheir each to time more devote can some with associated burden the courts definition by law—generalists common creep If institutions. of government Portugal generalist court with a specialized court court aspecialized with court generalist arise when the defendant in the anti the in defendant the when arise a higher degree ofbias degree a higher are typically rather simple. The idea is to is idea The simple. rather typically are aversion or a tendency toward mission mission toward oratendency aversion nonetheless but aspecialist to available systematic biases systematic seeing an issue in a broader context abroader in issue an seeing trust matter interposes its patent as a as patent its interposes matter trust review the for court aspecial is there the judge who sees only the handiwork handiwork the only sees who judge the the makes Wood Diane Judge draw. to type ofcase type below graph the have a breadth of experience upon which which upon ofexperience abreadth have property disputes property broad jurisdiction broad limitations the implicates that one haps antitrust: to specific point boundary questions may arise when arise may questions boundary generalist from remove to proposed or argument an penetrating in helpful ple un insights generalist the give may law b for specialized judicial services. judicial specialized for with ofacourt that than volatile more in a court of general jurisdiction. Where Where jurisdiction. ofgeneral acourt in a defense as arise may of which matter maining cases. The caseload of any spe any of caseload The cases. maining for oferror rate alower trading entail may hand at case the beyond significance its its in issue anew place to immediately free up resources so the generalist courts courts generalist the so resources up free ut that would be less likely apparent to to apparent likely less be would that ut A of the United States. States. United of the of antitrust contract , H Indeed world the from emerges onenever If and more broadly the way this law law this way the broadly more and area of law; one can forget the ways ways the forget one can of law; area fits into the loose industrial policy policy industrial loose the into fits know well know law like business torts business like law broader goals that lie behind this this behind lie that goals broader in which it relates to other fields of fields other to relates it which in regulators generally display certain certain display generally regulators nother objection is that difficult difficult that is objection nother istorically , , so too may competition authorities competition may too so that are heard in large numbers but but numbers large in heard are that , the boundary problem might might problem boundary the , exposure to other areas of the ofthe areas other to exposure , and consumer and , such as claims for social se social for claims as such , one can lose sight of the ofthe sight lose can one , , , to take one field that I that field one take to however special courts have been been have courts special , right. , such as excessive risk risk excessive as such , , - diffi more it making as there now is in in is now there as

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To review Tribunal) examples include the Temporary Emer Temporary the include examples adjudica the to brings aspecialist depth greater the sacrificing warrant to enough assign legislation by mitigated be could an with met be may jurisdiction of general acourt in brought action orother contract of the particular judges to serve on the onthe serve to judges particular of the similarly liability; antitrust to defense design: The specialist court should be should court specialist The design: Intelligence Surveillance Court and its its and Court Surveillance Intelligence gency Court of Appeals and the Foreign Foreign the and ofAppeals Court gency IV. SYNTHESIS court semi-specialized gle associated special Court ofAppeals. Court special associated Second forum. a friendly areas of the law. The outstanding question question law. outstanding The of the areas case antitrust occasional the approaches First two. are court competition aspecialized with ated problem boundary The defense. antitrust and only as needed by the workload of the ofthe workload the by needed as only and seeking to turn the specialized court into into court specialized the turn to seeking specialist courts has been left to the Chief Chief the to left been has courts specialist s staffed by judges drawn from general from drawn judges by staffed simple solution has been used in the the in used been has solution simple elegantly This tribunal. specialist nal) resolution of antitrust cases can be met be can cases of antitrust resolution fluenced by one or another repeat player repeat another or one by fluenced with having a specialist court for the the for court aspecialist having with of other knowledge by informed usefully the specialist tribunal may be unduly in unduly be may tribunal specialist the relationship the out work to able be then United Kingdom (Competition Appeals Appeals (Competition Kingdom United cases. ofantitrust tion law to another to law judge generalist of the perspective p applied as oflaw bodies two the between moves across subject matters subject across moves is whether sparks jump from one field of field one from jump sparks whether is broad the losing risks antitrust in izing cases. particular in - asin to law patent and antitrust both ing ist courts for only a limited term of years ofyears term alimited only for courts ist uch as the NCA or the defense bar defense orthe NCA the as uch erhaps entirely erhaps “CORRECT” RESULT but littleto nobias total error indoctrinaldevelopment, Wide variability andthusgreater GENERALIST COURT development, butmore bias Fewer errors indoctrinal SPECIALIST COURT We believe the drawbacks associated associated drawbacks the We believe In the US examples US the In , and the United States. Modern US US Modern States. United the and , , the principle drawbacks associ drawbacks principle the Canada (Competition Tribu (Competition Canada , the selection of judges for for judges of selection the , as the generalist judge judge generalist the as , by proper institutional institutional proper by , , a court special acourt the selection selection the , which would would which , frequently frequently , , each each w ho , a ------, ,

The Chief Justice could appoint more appoint could Justice Chief The Judges would continue to be selected for for selected be to continue would Judges Justice cket grew cket ence the judge during his sojourn on the on the sojourn his during judge the ence competition court for a limited time alimited for court competition of the matter subject the in expertise court of general jurisdiction would both both would jurisdiction of general court of acourt for selection orher his oppose specialty. court’s that of subculture legal particular the of generalist judge who judge generalist generalist judges to serve on a specialist on a specialist serve to judges generalist general jurisdiction. During the time of time the During jurisdiction. general also overcome the objection based based objection the overcome also specialist court. specialist single type ofcase type single slight chance that a particular prospec aparticular that chance slight court specialist vacancies as that court’s docket con docket court’s that as vacancies result should be to benefit the special the benefit to be should result The role. previous their to time full return reason to expend resources to further or further to resources expend to reason way this In reappointment. would simply sit more in the “home” courts. “home” the in more sit simply would upon the greater degree of volatility ofvolatility degree greater the upon a to come that matters of range the with therefore the supply of supply the therefore tracted. Indeed tracted. the certainty of returning full time to a to time full ofreturning certainty the and service of special term limited the special onthe judge’s incumbency the insufficient be would court antitrust the on serve future the in might judge tive generalists as qualifications their disappear. would ofjudges choice the problem of pressure groups influencing influencing groups ofpressure problem by the NCA and by the organized bar to to bar organized the by and NCA the by judges when the special court’s do- court’s special the when judges judges who had accumulated experience experience accumulated had who judges in the caseload of a specialized court. court. ofaspecialized caseload the in if not the majority of their time upon a upon time oftheir majority not the if plurality the spend would court federal ingratiate themselves with the judge the with themselves ingratiate a by brought insights the with court ist influence and diminish the return on return the diminish and influence to judge’s susceptibility the mitigate court ist prohibiting and term afixed for is ment This institutional arrangement would would arrangement institutional This By deputing the Chief Justice to choose choose to Justice Chief the deputing By , sometimes providing the appoint the providing sometimes , there would no doubt be efforts efforts be nodoubt would there , and could refrain from filling filling from refrain could and , , would not be a captive acaptive not be would in a slack period judges judges period aslack in , after which they would would they which after , while acquiring acquiring while , efforts to influ to efforts , generalist generalist , and the the and , , , a the the but but nd nd ------

International Antitrust Antitrust International in published and on International Antitrust Law & Policy &Policy Law Antitrust International on Competition Law Institute Conference Conference Institute Law Competition V. CONCLUSION District of Columbia Circuit. This excerpt excerpt This Circuit. Columbia of District sioner in January 2013. January in sioner who was sworn in as an FTC Commis- FTC an as in sworn was who title presented during the 2012 Fordham Fordham 2012 the during presented title the for Appeals of Court States United the is adapted from an article of the same same the of article an from adapted is The careful reader will have noticed noticed have will reader careful The 2012 court depends court re seeking cases only perhaps cases—or edly with cases of the same ilk. ilk. same ofthe cases with edly cialist tribunals cialist spe against raised commonly objections the that modestly more is point Our exist. of returning to their generalist courts for for courts generalist their to of returning generalist judges diverted mid-career for a a for mid-career diverted judges generalist Law & Policy: Fordham Competition Law Law Competition Fordham &Policy: Law and analyzed by judges who deal repeat deal who judges by analyzed and antitrust cases where they do not already donot already they where cases antitrust for court aspecialist of use the against least the at A trial judges. appellate ofthree a panel on ofexpertise degree average the ably - anti practiced of having years some after singled out for resolution by a specialist aspecialist by resolution for out singled such cases would be better understood understood better be would cases such serve a term of years on a specialist court onaspecialist ofyears aterm serve serving on the bench may well affect the affect well may bench onthe serving set of their service oftheir set sen in this way from a pool of generalist ofgeneralist apool from way this in sen view of a decision of an NCA—should be be NCA—should an of ofadecision view returning) to a specialized practice after after practice aspecialized to returning) consider elevate to be still would result would of course be subject to correction correction to subject be of course would and quickly more even adapt likely would five-year stint on the antitrust court would would court antitrust the on stint five-year the claim that the economic evidence in in evidence economic the that claim the cases titrust t that we make no recommendation for or for norecommendation make we that one on day bear to bring would tioner the remainder of their careers. In contrast In careers. oftheir remainder the supposing law. Even trust bench the to comes who ofalawyer that level of expertise that a seasoned practi a seasoned that ofexpertise level by a still more expert court of review. ofreview. court expert more astill by be secure in their life tenure and certain certain and tenure life their in secure be judge’s views on substantive legal issues; issues; legal onsubstantive judge’s views cases antitrust mostly hearing judge judges would not would judges insurmountable. Whether all antitrust antitrust all Whether insurmountable. for lawyers practicing in that field. field. that in practicing lawyers for prospects the impair that decisions make the achieve to years three or two takes it is a senior judge of of judge asenior ginsburg is douglas he inevitability of a specialist going (or going ofaspecialist inevitability he The expertise of specialist judges cho judges specialist of expertise The Unlike specialists chosen solely to solely chosen specialists Unlike . It was co-authored by Joshua Wright, Wright, Joshua by co-authored . It was , , he or she may not want to to not want may orshe he are not daunting are , therefore , at least as applied to an to applied as least at , , particularly at the out the at particularly be as well developed as as developed well as be , , entirely upon upon entirely however , much less less much , that that , t he he ------, ,

Rights and Votes and Rights daryl levinson R often considered in opposition, are functionally similar. other rights constitutional between conflict of majorities (or other dominant social social dominant (or other majorities of ofpower.” organization phenomena. Disciplinary different and votes are not pitted against each each against pitted not are votes and democracy—and and as working at cross-purposes ortaxono cross-purposes at working as and political actors). One way of protect way One actors). political and scholars who are interested in “the “the in interested are who scholars rights against majoritarian exploitation. tyranny the from groups) vulnerable used in domains of collective decision ofcollective domains in used tutional level tutional tutional theorists—who tend to “think “think to tend theorists—who tutional legislative supremacy. Even where rights rights where Even supremacy. legislative performing the same basic job: both are are both job: basic same the performing law election and scientists political be viewed instead as compatible tools for for tools compatible as instead viewed be consti and political divide boundaries ing a minority is to create and enforce enforce and create to is a minority ing (or other minorities protect to making settings some in least At kinds. different deeply as mized equality”—from and rights of terms in Yet rights and votes need not be seen seen not be need votes and Yet rights , t hey are treated as categorically categorically as treated are hey are com- are votes and ights they see as an inherent inherent an as see they long have lawyers tutional Consti- oneanother. to tion been obsessed with what what with obsessed been monly cast in stark opposi stark in cast monly , between judicial and judicial between , rights and votes might might votes and rights , at the insti the at shows how these tools of democracy, ------

A. STRUCTURE AND RIGHTS AND STRUCTURE A. Another is to structure the political pro political the structure to is Another The division between rights and votes votes and rights between division The cuts through the middle of constitutional of constitutional middle the through cuts distinction between the “structural” pro “structural” the between distinction empowered are minorities that so cess originally conceived originally obscures the fact that the Bill of Rights Bill the that fact the obscures create to supposed government—are eral fed ofthe branches three the constitute Rights provisions Rights government a framework for democratic governance. governance. democratic for a framework ated in the Bill ofRights Bill the in ated stitutional and political contexts. political and stitutional ofcon array awide in way this in similar visions of the Constitution the of visions functionally as viewed been have votes w the institutional framework of democratic democratic of framework institutional the trine fact In themselves. protect to that framework. that law. A central organizing principle ofdoc principle organizing law. Acentral primarily of the first three Articles three first of the primarily Constitution—consisting US the of parts protect individuals and minorities against against minorities and individuals protect ment is permitted to do. The structural structural do. The to permitted is ment in many ways misleading. For thing one misleading. ways many in through perpetrated abuses majoritarian hich place limits on what that govern that on what limits place hich But the rights/structure distinction is is distinction rights/structure the But , scholarship , and the “rights” provisions “rights” the and , , such as those enumer those as such and curriculum is the the is curriculum and , was as much about about much as was , are supposed to to supposed are , which create create which , rights and and rights , which which , as as , it it ------,

77 arguments and opinions 78 WWW.LAW.NYU.EDU “possess most wisdom to discern to wisdom most “possess This structure had several important com important several had structure This James Madison James constitutionally enumerated rights would would rights enumerated constitutionally primar relied Constitution ofthe design of state and local self-government to insu to self-government local and of state institutions safeguarding by and officials election districts and the indirect elec indirect the and districts election erful political factions. The problem was was problem The factions. political erful difficult for a stable fora difficult Rather tack. a different take to decided shove. to came push when den vul empower would that of government It consists in the one case in the multi the in case one the in It consists also misses the point that the original original the that point the misses also any other force within the community” community” the within force other any pow by plunder against or minorities als another and therefore make it more it make therefore and another select for representatives who would would who representatives for select society were both lodged “in a majority of amajority “in lodged both were society rights. Convinced that direct protection of of protection direct that Convinced rights. reach. Separating structure from rights rights from structure Separating reach. virtue to pursue to virtue rights could do much to protect individu protect to domuch could rights interests their protect to groups nerable indirectly rights nize minorities. Madison made the case case the made Madison minorities. nize would simply be disregarded oroverrid disregarded be simply would assumption the On threat. the posed who time same the At ofsects.” multiplicity the tyranny were enumerated it rights of the Many ties. tion of senators and the president would would president the and ofsenators tion the extended Republic would bring more more bring would Republic extended the individual protect would hoped they that of government astructure contrived they that countermajoritarian rights could not process. political the through that “the security for civil rights must must rights civil for security “the that tyran and government the capture to directly rights protect to attempting than people the in power” physical and political “the that late citizens from these officials’ despotic despotic officials’ these from citizens late power of local majorities as about protect about as majorities of local power decisionmaking political the protecting be futile be ponents. Perhaps most important most Perhaps ponents. liberty and minority interests indirectly. plicity ofinterests plicity be backed by the “dread of an appeal to to appeal an of “dread the by backed be be the same as that for religious rights. rights. religious for that as same the be ily on structural arrangements to protect protect to arrangements onstructural ily its on the self-serving behavior of federal offederal behavior self-serving onthe its majoritarian governance by placing lim majoritarian against protect not to meant minori and individuals of rights the ing factions into competition with one with competition into factions of government national the to power ing majorities very the than powerful more Madison and the other Framers Framers other the and Madison constitutional that doubted Madison , Madison believed that federal federal that believed Madison , but , the Federalist Framers Federalist the , ” c , quite the opposite the quite ountermajoritarian rights rights ountermajoritarian , , , the common good ofso good common the by creating a structure astructure creating by attempted to secure secure to attempted , and in the other the in and , unified majority majority unified , , to bolster bolster to and most most and , led by by led , shift , in in ------,

The constitutional law and politics of slav of politics and law constitutional The War Just as a multiplicity of factions would would offactions amultiplicity as Just defensive authority in behalf of a minority of a minority behalf in authority defensive purpose useful ery ery itself Government of the effec only “the that believe to continued ers’ structural solution to the problem of problem the to solution structural ers’ constitutional structure was supposed to to supposed was structure constitutional again Here ambition.” counteract “ambition…to invites branches executive separa constitutional the how describes in oneanother check and with compete to Responding accountability. democratic outlook on slavery outlook design constitutional of for reasons own their had Federalists ern was slavery for protection constitutional of sort some that Founding the at cepted of citizens. ers into the constitutional text. Madison text. constitutional the into ers ciety” and insulate them from the heat of heat the from them insulate and ciety” anny—perpetrated not by popular majori popular not by anny—perpetrated a certain degree a certain and levels of government might create a create might of government levels and avoiding rights. Sharing Madison’s theory theory Madison’s Sharing rights. avoiding that idea the Constitution the in admit states Southern for condition a necessary self-enforcing check on untrustworthy untrustworthy on check self-enforcing soned electorate the and society solution structural slave owners. While it was generally ac generally was it While owners. slave B. PROTECTION FOR SLAVERY FOR PROTECTION B. national officials. Thus officials. national was that the structural design of govern design structural the that was write explicit protections for slavehold for protections explicit write tual safeguard to the rights of the minority the of rights the to safeguard tual u ties but by despotic government officials government despotic by but ties tyr of kind adifferent to door the open to tion of powers between the legislative and and legislative the between ofpowers tion government. federal ofthe branches the concern this that “parchment guarantees for human human for guarantees “parchment that men.” South in property be could there to Convention Philadelphia the at tion Union the join to having right on its side.” onits right having protect rights—in this case this rights—in protect Some decades after ratification after decades Some m is itself is it put ilton majority tyranny was that it threatened threatened it that was tyranny majority ing protections for the rights and liberties liberties and rights the for protections ing self-sustain politically create would ment f majoritarian political pressure. pressure. political majoritarian or one nconstrained by any kind of meaningful ofmeaningful kind any by nconstrained ust be laid in such a basis and structure structure and abasis such in laid be ust Viewed in this way this in Viewed , One obvious drawback of the Fram ofthe drawback obvious One founding the from , offers a vivid illustration ofhow illustration vivid a offers , competition among the branches branches the among competition , , in every rational sense rational every in thought it would be “wrong to to “wrong be would it thought , “[T]he [structural] constitution constitution “[T]he [structural] , Madison offered a further further a offered Madison , directly orindirectly directly , there was little inclina little was there , they were convinced convinced were they , , this one focused on focused one this A BILL OF RIGHTS.” OF RIGHTS.” ABILL , as Alexander Ham Alexander as , through the Civil Civil the through Federalist No. 51 No. 51 Federalist , , as may afford may as if not his moral moral his not if , M , the rights of rights the adison rea adison , , and to ev to and Madison Madison , the idea idea the , in in , a ------, , ,

Calhoun. Calhoun and his fellow South fellow his and Calhoun Calhoun. dominance over the national government national the over dominance century. 19th ofthe decades expected had alike Southerners and ers of the House of Representatives and the the and Representatives of House the of of Congress and the electoral college electoral the and of Congress ciples of anumber advocated politicians ern doubted that a national majority united united majority anational that doubted of a constitutional right to own slaves. slaves. own to right of aconstitutional Founding bargain over slavery reflected reflected slavery over bargain Founding out turned it As Founding. graphic future of the Republic. Northern Republic. the of future graphic In common with the Federalist Framers Federalist the with common In a major miscalculation about the demo the about miscalculation a major against slavery would be long detained detained long be would slavery against stered by the three-fifths clause three-fifths the by stered and a Southern president aSouthern and aNorthern (comprising executive a dual as similar suggestions for balancing the the balancing for suggestions similar as Propor government. federal ofthe sign de structural onthe fortunes its stake son slaveholding and non-slaveholding states. non-slaveholding and slaveholding rights ficient power to block any national move national any block to power ficient w turned out to be true: the relative popu relative the true: be to out turned North the than the hope of eventual Southern control control Southern of eventual hope the tional representation in the lower house house lower the in representation tional the “concurrent voice” or “concurrent ma or “concurrent voice” “concurrent the were these among Chief majorities. tionist the belated introduction of some form form ofsome introduction belated the was possibility One slavery. for tections lation and political power of the North North ofthe power political and lation presidency. Even without majority control majority without Even presidency. ho posals ef more onpresumptively focused period bondage would not restrain a Northern aNorthern restrain not would bondage period by constitutional rights. Echoing Madi Echoing rights. constitutional by power over national legislation) national over power power would be more reliable guarantors guarantors reliable more be would power S Supreme Court between justices from from justices between Court Supreme jority” arrangements advocated by John John by advocated arrangements jority” increased dramatically through the early early the through dramatically increased South the in growth population faster slavery. with doaway to ment majority committed to abolishing slavery.” slavery.” abolishing to committed majority institutional instantiations of these prin of these instantiations institutional aboli against defenses structural fective faith in parchment.” In place of ineffective ineffective of place In parchment.” in faith more generally during the antebellum antebellum the during generally more for a constitutional amendment creating creating amendment aconstitutional for proposal a included These Senate. the in ments allocating political decisionmaking decisionmaking political allocating ments outhern representatives would have suf hite Southerners sought additional pro additional sought Southerners hite wever The slaveholding South preferred to preferred South slaveholding The The Madisonian premise of these pro these of premise Madisonian The Or so slaveholders were assured at the the at assured were slaveholders so Or Left politically vulnerable to Northern Northern to vulnerable politically Left , James Randolph declared Randolph James , , political thought in the antebellum antebellum the in thought political on the model of sectional balance balance ofsectional model onthe , , and of Southern political thought thought political ofSouthern and

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© Jack Ziegler / The New Yorker Collection / www.cartoonbank.com African Americans against discrimina C. VOTING RIGHTS AND CIVIL RIGHTS CIVIL AND RIGHTS VOTING C. While that prediction proved overly overly proved prediction that While On behalf of a very different group of group different avery of behalf On clearly understood that bolstering the rep the bolstering that understood clearly on prohibitions explicit than rights of early civil rights laws. Some argued that that argued Some laws. rights civil early far as back traced be can ballot of the rights. enforced cially ern blacks ern optimistic involvement. federal further any out officers did lead to significant improvements improvements significant to lead did disenfranchisement of most Southern Southern ofmost disenfranchisement hundred another for South the in ence experi would they than discrimination government about our basic rights.” This This rights.” basic our about government and constitutional theorists like Calhoun Calhoun like theorists constitutional and years. All of these benefits disappeared disappeared benefits of these All years. surrounding debates congressional as greater protection against violence and and violence against protection greater also began to serve on and as police police as and onjuries serve to began also processes political local and state rights-holders owners slave of rights ofwhite power political and resentation acted bans on racial segregation in public public in segregation on racial bans acted and ’40s. This power resulted in the first first the in resulted ’40s.power and This proclaimed rably North Other accommodations. and schools rights through the ordinary workings of workings ordinary the through rights federal the worry to have no longer will we since Reconstruction since those rights might be. might rights those voting majorities at the time each en each time the at majorities voting tion—and thus as an effective substitute substitute effective an as thus tion—and the Reconstruction Amendments and and Amendments Reconstruction the Politicians outcomes. political particular post-Civil War history of race and politics politics and ofrace history War post-Civil the in foundation a firm had prediction with Redemption and the subsequent subsequent the and Redemption with tion Act of 1867 and the 15th Amendment 15th the and of1867 Act tion three Southern states that had black black had that states Southern three blacks would allow them to secure civil civil secure to them allow would blacks the ofsecuring ameans was Southerners publicans blacks As marriage. oninterracial bans eliminated and schools white and black power at the national level in the 1930s the in level national the at power black votes between Democrats and Re and Democrats between votes black ’90s. and 1880s the in blacks Southern states equalized funding for funding equalized states Southern indeed served as an important shield for for shield important an as served indeed has empowerment Political America. in for federal guarantee of political rights for for rights political of guarantee federal in their civil and social status. The The status. social and civil their in important national civil rights victories victories rights civil national important , The Great Migration of blacks to the to blacks of Migration Great The King’s position on the sufficiency sufficiency onthe position King’s as well as a means of securing a means as well as , c , b ombined with competition for competition with ombined , , led to a surge in black political political black in asurge to led lack citizens came to enjoy enjoy to came citizens lack the enfranchisement ofSouth enfranchisement the , effected by the Reconstruc the by effected , Martin Luther King memo King Luther Martin , “Give us the ballot the us “Give , morally dubious as as dubious morally , i ncluding Presi ncluding , with , , judi and and ------,

Justice enforcement dent Truman’s creation of apresiden of creation Truman’s dent Brown v. Board of Education of v. Brown Board out possi entirely It is dramatic. more even earliest forays into the “political thicket “political the into forays earliest of other basic civil and political rights.” rights.” political and civil basic of other theme acentral become has crimination po black between relationship causal of voting rights for minorities for rights of voting of black citizens of black Rights Division within the Department of of Department the within Division Rights Had Southern blacks been voting during during voting been blacks Southern Had Even as the Court has retreated to anar to retreated has Court the as Even arly assessment of the Voting Rights Act. Act. Rights Voting the of assessment arly sequences included improvements in in improvements included sequences special becausespecial are “preservative they rower and more intrinsic focus onelect focus intrinsic more and rower tial Civil Rights Commission and a Civil aCivil and Commission Rights Civil tial the South after World War II would have have would II World War after South the this period this ued to emphasize the “protective” power power “protective” the emphasize to ued as rights voting viewed has Court the Indeed legislation. tidiscrimination litical power and protection against dis against protection and power litical blacks voting began South Deep the in blacks brought about school desegregation with desegregation school about brought in ofblacks enfranchisement the that ble bidding segregation and discrimination protecting and advancing the interests interests the advancing and protecting Starting with Starting municipal services and employment for employment and services municipal con predictable The numbers. large in that Act Rights 1965 Voting of the ment in the Army and the federal civil service. service. civil federal the and Army the in in the judicial implementation and schol and implementation judicial the in ing black representatives In reality In “I guesswe’llalljusthave to“I vote time.” next alittlebitharder , , a and the 1948 executive orders for orders executive 1948 the and decline in discriminatory law law discriminatory in decline , the results could have been been have could results the , , it was only after the enact the after only was it , and the enactment ofan enactment the and and partly motivating partly and , scholars have contin have scholars , a s opposed to , . a nd cor , the the , its its , ” ------

“majority dictatorship” “majority The choice between protecting minori protecting between choice The CONSTITUTIONAL DESIGN consociational approach is similar to Cal to similar is approach consociational One solution One checks on political power. Another solu Another power. onpolitical checks minority. the in left those for crimination create can groups one or more by ernment democracy. The consociational model model consociational The democracy. . decisionmaking ofdemocratic cesses lawyers constitutional comparative conflicts between or among ethnic or reli or ethnic among or between conflicts sociopolitical enduring by divided cieties decisions. In its emphasis on avoiding on avoiding emphasis its In decisions. King’s vision of political representation representation political of vision King’s norities to block government actions that that actions government block to norities groups enough political power to protect protect to power political enough groups gious groups gious adopt bills of rights and judicial review as as review judicial and of rights bills adopt among the major groups through arrange through groups major the among as the key to fair treatment. fair to key the as a threaten their fundamental interests fundamental their threaten systems beyond the United States. In so In States. United the beyond systems houn’s concurrent voice. Other structur Other voice. houn’s concurrent D. COMPARATIVE respondingly to invoke Martin Luther Luther Martin invoke to respondingly unacceptable risks of domination and dis and of domination risks unacceptable tion the theory and practice of consociational ofconsociational practice and theory the pro ordinary the through themselves tive politics scholars politics tive constitutional in arises rights through or empowerment political through ties portional representation in the legislature the in representation portional ments like grand coalition cabinets coalition grand like ments power-sharing institutionalized features nd mutual veto power over important important over power veto mutual nd The latter approach is exemplified by exemplified is approach latter The , foremost in the minds ofcompara minds the in foremost , unfettered control over gov over control unfettered , foremost in the minds of minds the in foremost

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79 arguments and opinions 80 WWW.LAW.NYU.EDU African National Congress (ANC) in the the (ANC) in Congress National African African whites had no intention of creat of intention no had whites African 1980s and early 1990s early and 1980s of entrenching the “property the of entrenching prompted status minority of permanent control over the country. the over control executive by way of a “government ofna ofa“government way by executive cluded black African majority. But South South But majority. African black cluded ex previously the with power of sharing process the began elite white dominant decisionmaking. strategies different counsel societies divided in engineering Klerk proposed a number of institutional ofinstitutional anumber proposed Klerk an independent judiciary to enforce them them enforce to judiciary independent an and international pressure in the late late the in pressure international and domestic Under constitution. apartheid and similar strategies might compare groups vulnerable protecting of approach constitutional to approaches oriented ally among the major political parties for all all for parties political major the among De structure. political a power-sharing ship of a democratic majority.” The ANC The majority.” ademocratic of ship system democratic majoritarian sentially sistent with the communitarian nature of of nature communitarian the with sistent interests: their protect to strategy second strategies in an attempt to protect white white protect to attempt an in strategies rights and judicial review. Throughout the the Throughout review. judicial and rights ruling National Party (NP) pursued two two (NP) pursued Party National ruling the F. and W. Klerk de Minister Prime rule. Ultimately “dictator on the checks necessary were out won white leaders to consensus requirements requirements consensus to leaders white non and white between rotate would the position that constitutional rights and and rights constitutional that position the take to began NP The reconsider. to NP the prospect the But state. African South the tional unity.” Ultimately unity.” tional tion did tion rights through ties to leges litically long history of apartheid history long bill of rights of bill been hostile to the idea of judicially en ofjudicially idea the to hostile been privilege against impending democracy. black majority rule majority black between the NP and Nelson Mandela’s Nelson and NP the between political in voice greater them giving by minority”—a veritable “Bill of Whites.” Whites.” of “Bill veritable minority”—a initially opposed a judicially enforceable enforceable ajudicially opposed initially forced rights forced minority veto. The 1993 interim constitu interim The 1993 veto. minority majority black ofunfettered asystem ing post- its designing in Africa South facing important decisions—in effect decisions—in important model consociational the on based features , and trade off with off trade and The first strategy was to advocate for advocate to was strategy first The Confronted with the inevitability of inevitability the with Confronted For a glimpse at how consociational consociational how at For aglimpse , power and positions of the white white ofthe positions and power , ranging from a presidency that that a presidency from ranging , , , in fact in giving the ANC effective political political effective ANC the giving m , however ilitarily , viewing it as a likely means means alikely as it viewing , dismissing them as incon as them dismissing , provide for power-sharing power-sharing for provide , , but all share the basic basic the share all but , consider the choices choices the consider , , the ANC’s opposition ANC’s opposition the an the NP turned to a to turned NP the , , protecting minori protecting S d economically outh Africa’s po Africa’s outh , , white elites had had elites white however , a white awhite , privi , an es an ------

Threats to individual and minority in minority and individual to Threats Just as the constitutional institution institution constitutional the as Just Conflicted transactions between control between transactions Conflicted of minority shareholders. All of these of these All shareholders. of minority amendments) give shareholders shareholders give amendments) charter and mergers (like decisions corporate decisionmaking. managerial over control primary the is democracy of electoral e on two basic strategies for protecting vul protecting for strategies basic on two law constitutional or private in evident equivalents—are of democracy in South Africa.” South in of democracy Ratification requirements for high-stakes high-stakes for requirements Ratification give shareholders direct orrepresenta direct shareholders give and still survives in several states. Every Every states. several in survives still and law corporate of US feature a common ganizations additional voting power. power. voting additional representation- and voting to and alism a are also modified in ways that reduce the the reduce that ways in modified also are shareholder ratification—effectively em ratification—effectively shareholder aclass as s softened and rights became a central fea acentral became rights and softened sionmaking processes are hardly limited limited hardly are processes sionmaking vote for corporate decisions that require require that decisions corporate for vote E. CORPORATE LAW CORPORATE E. nerable groups. In the corporate context corporate the In groups. nerable functional their votes—or and rights US jurisdiction demands a supermajority asupermajority demands jurisdiction US typically require the informed approval approval informed the require typically shareholders minority for tion con and review ofjudicial power the with ties over their managerial agents managerial their over ties trol representatives their ingovernment decisionmaking. corporate in voice tive tected against their majority brethren. brethren. majority their against tected representatives managerial their relies countries other and States United to political and constitutional contexts. contexts. constitutional and political to Court aConstitutional establishes tution consti The 1996 constitution. ofthe ture terests stemming from collective deci collective from stemming terests that ofrights—one bill extensive an tains hance the power of shareholder majori of shareholder power the hance ling shareholders and the corporation corporation the and shareholders ling action. block to minorities large powering porate shareholders as a class exercise exercise a class as shareholders porate power of majorities in order to protect protect to order in majorities of power based strategies more generally more strategies based begins by declaring itself a “cornerstone a“cornerstone itself declaring by begins Similar uses of and trade-offs between between trade-offs and of uses Similar mechanisms generally operate to en to operate generally mechanisms cor which through mechanism mary - con citizens which through mechanism minority shareholders minority ing vot cumulative Mandatory minorities. uch groups include both shareholders shareholders both include groups uch - pri the is ofdirectors selection lectoral nalogous to “structural” constitution “structural” to nalogous These voting and representational representational and voting These One approach taken by corporate law corporate by taken approach One , which facilitates board representa board facilitates which , who must be protected against against protected be must who ,

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“refine and enlarge” the views of the ma the of views the enlarge” and “refine an article of the same title published in in published title same the of article an of Law, writes primarily about constitu- about primarily writes Law, of sanctions. This excerpt was adapted from adapted was excerpt This sanctions. Yale Law Journal Law Yale 2012 April the and remedies and theory and law tional constraints on managerial and majoritar and onmanagerial constraints distinction between corporate and con and corporate between distinction officers and directors and officers ous others forms of discrimination at the the at ofdiscrimination forms others ous de Courts mergers. of cash-out context Pro exploitation. majoritarian against ers their by behavior self-serving against ers ofanti-takeover review Judicial directors. aclass as shareholders protects of loyalty to adverse are that or transactions cisions de corporate particular prohibit to is ers derstood as indirectly serving the same same the serving indirectly as derstood directors independent of role The cess. pro decisionmaking corporate the in ers ally interchangeable ally against one another. another. one against also used to protect minority sharehold minority protect to used also of forms other and self-dealing against Madison’s (Compare them. appointed stitutional law is the existence of market ofmarket existence the is law stitutional sentation and rights-like prohibitions or prohibitions rights-like and sentation self-interested behavior by managers and and managers by behavior self-interested votes remain important remain votes of means only not the are requirements rata requirements forbid the discrimina the forbid requirements rata voting and approval mechanisms directly directly mechanisms approval and voting fiduciary duties. fiduciary that applies to all decisions by corporate corporate by decisions all to applies that ofcare duty weak the Beyond rights. them who shareholders controlling the are than fairness” “entire for tions tinizing potentially threatening transac sharehold guard to serves likewise tactics words other interests—in their tory treatment of minority shareholders shareholders ofminority treatment tory protecting shareholders. An important important An shareholders. protecting scru by shareholders of controlling hands would representatives federal that hope interests minority to attentive and handed law for protecting vulnerable sharehold vulnerable protecting for law - even be to likely more are directors lated provide comparable protection in the the in protection comparable provide ofshares purchase purpose jorities who elected them elected who jorities ian misconduct. Nonetheless misconduct. ian ing shareholders against managers and and managers against shareholders ing fend minority shareholders against vari against shareholders minority fend managerial agents. Rights-like rules are rights-holders.) individual and minorities in the distribution of dividends or the re the or dividends of distribution the in in corporate decisionmaking can be un be can decisionmaking corporate in sharehold of minority voice the increase daryl levinson The other main strategy in corporate corporate in strategy main other The Of course Of , - insu relatively that theory onthe , legal entitlements to repre to entitlements legal , David Boies Professor Professor Boies , David , and appraisal rights rights appraisal and , the heightened duty duty heightened the , means protect of means , to the benefit of of benefit the to , or for breach of breach or for and function and , rights and and rights . , to grant grant to ------

Discrimination Auto-Loan to Responses TowardDriving Equality: T [emphasis added].” In every region of region added].” every In [emphasis Suet Scholarship Student

were paying average markups that were were that markups average paying were u Consumer Law Center released a report areport released Center Law Consumer the United States United the 2010 May In terms. tory nity avehicle buy to need families ers with similar income levels and credit credit and levels income similar with ers consum white what percent 130 least at rates loan auto to dealers auto by added gain improved mobility and opportu and mobility improved gain showing “widespread racial disparities racial “widespread showing nrelated to credit risk credit to nrelated yan cao , is offered on racially discrimina onracially offered is “not merely a luxury “not merely Yet the financing that many many that financing Yet the for Responsible Responsible for center he Lending hasLending described car prerequisite to opportunity.” opportunity.” to prerequisite ownership in America as America in ownership ’13 , black consumers consumers black , in the markups markups the in , the National National the , and thus thus and , b ut aut - - - ,

Company’s largest markup in a 10-year a10-year in markup largest Company’s (ECOA) attempted to close the lending lending the close to (ECOA) attempted tiers for which they qualified at twice the the twice at qualified they which for tiers black bumped (NMAC) Corporation tance the total risk-based APR risk-based total the histories were paying. Six states Six paying. were histories period based markups based rate that white consumers were bumped bumped were consumers white that rate credit- for system tiered astrict imposed York New ing race-based markups. Ford Motor Credit Credit Motor Ford markups. race-based percent. 300 ofover disparities markup a black customer with the highest level of level highest the with customer a black consumers to lower credit tiers than the the than tiers credit lower to consumers a settlement after Even creditworthiness. so that higher APRs could be charged. charged. be could APRs higher that so The Equal Credit Opportunity Act Act Opportunity Credit Equal The Good credit is no protection from from no protection is credit Good , c onstituting over 200 percent of percent 200 over onstituting , showed black-over-white black-over-white showed , Nissan Motors Accep Motors Nissan , was charged to to charged was , includ - - The AFCs then return a “buy rate”—an rate”—an “buy a return then AFCs The THE AUTO-FINANCE MARKET wrote of discretionary ofdiscretionary wrote Stevens Paul John various Auto Finance Companies (AFCs). Companies Finance Auto various with respect to protected classes. In 2002 In classes. protected to respect with with acartel with Market forces have not been able to correct correct to able not been have forces Market Finance and Insurance (F&I) Office. In a In (F&I) Office. Insurance and Finance tomers the auto-lending industry. But industry. auto-lending the try to smuggle extra costs into his or her her or his into costs extra to smuggle try if a that case mortgage in a testified this problem. this ticulate race-based for correct to failed has tion travel together.”travel illegal technically the cost of lending to that customer. The The customer. that to oflending cost the sale typical the through debt brokering by profit their plaintiffs brought the first ECOA cases to cases ECOA first the brought plaintiffs loan. As former Supreme Court Justice Justice Court Supreme former As loan. later public enforcement is needed to develop develop to needed is enforcement public lic enforcement cases enforcement lic its. In a recent article a recent In its. OF HOOD THE UNDER PEEKING ing. A trio of market failures contribute to to contribute failures ofmarket Atrio ing. lend auto in discrimination race-based continuing the not explain does model However competition. free-market First ing. auto-lend in discrimination race-based market “discretion and discrimination discrimination and “discretion market to data that shops and consumer the from solutions. robust more nal applicability and practical limitations limitations practical and applicability nal nation in the auto loan market. Consum market. loan auto the in nation for anti-competitive race-based discrimi pub and actions class private of results charge black customers more because because more customers black charge dealers that argues Ayres Ian economist cus minority to prices anti-competitive challenge race-based discrimination in challenge race-based discrimination customer “appeared uneducated “appeared customer discriminating firmswill prevailthrough economist Next discrimination. widespread address to needed is of ECOA solutions. effective producing without out or add a discretionary markup. markup. adiscretionary or add rate buy the customer the offer may dealer reflects which APR risk-based objective of much make dealerships that don’t know but most price sticker over hard haggle ers gap by prohibiting loan discrimination discrimination loan prohibiting by gap of ECOA litigation. Finally litigation. of ECOA sentencing guidelines sentencing Although race-based markups are are markups race-based Although First enforcement government that I argue In In , plaintiff-driven litigation has died died has litigation plaintiff-driven The Economics of Discrimination of Economics The , each dealer can reap higher prof higher reap can dealer each , , [or] was a minority” she would would she aminority” [or] was dealers price gouge because gouge price dealers , I , the F&I agent collects credit data data credit collects agent F&I the explore why market competi market why explore Gary Becker argues that non- that argues Becker Gary , so long as everyone charges charges everyone as long so , one subprime lender lender subprime one , I analyze the doctri the Ianalyze , , and conclude that that conclude and law professor and and professor law , in the auto-loan auto-loan the in , I compare the the Icompare , a decade adecade

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81 arguments and opinions 82 WWW.LAW.NYU.EDU THE NUTS AND BOLTS OF ECOA BOLTS OF AND NUTS THE vertise competitive loan prices to black black to prices loan competitive vertise Now Gill and now-Senator Elizabeth Warren Warren Elizabeth now-Senator and Gill Regulation B invokes legislative history history legislative Binvokes Regulation un be “[i]t shall that mandates ECOA and individualized highly are Loans ups. But they are locked into a collective a collective into locked are they But ups. do. This consumers white than tives have consumers black that believe they the basis ofrace basis the strings purse the consumers. white to to allow an “effects test” or disparate disparate or test” “effects an allow to loan agent and do not know that they can can they that donot know and agent loan alterna worse and costs search higher purposes with their customers. Publiciz customers. their with purposes redlining as such practices less restrictive terms. Although they hold hold they Although terms. restrictive less the in consumers ofblack percentage lawful for any creditor to discriminate discriminate to creditor any for lawful worse and fewer have customers black bear that risk. risk. that bear information personal onsensitive based minority customers minority refused to serve minority communities. communities. minority serve to refused reveal that F&I officers work at cross- at work officers F&I that reveal rates negotiate fulfilling prophecy of continuing price price continuing of prophecy fulfilling mation that dealers more readily disclose disclose readily more dealers that mation consum Black time. in cost its not worth m gouging. price enables further market desirable not be may information this ing impact model for proving discrimination. proving for model impact car buyers see the F&I officer as their their as officer F&I the see buyers car Most buyer. the informing problem: ond to rates fair offering by competitors cut any aspect of a credit transaction…on transaction…on acredit of aspect any applicant any against it that claims AFC each problem: action bar time more spend must consumers black that show experiments controlled costs: information steeper even face ers consumer average Safer Credit “Making in argue customers To ad markups. discretionary make can historic to back reach may differential discrimination. discrimination. aself- perpetuate to enough is choices cut ties and sell loans to competitors with with competitors to loans sell and ties cut simply would dealers because act cannot mark discriminatory add to discretion Bar- Oren Law’s NYU As prices. compare market. auto overall effective or cost origin gaining with dealers to get pricing infor pricing get to dealers with gaining aking consumers unlikely to share or share to unlikely consumers aking Additionally If one dealership wanted to under to wanted dealership one If Finally , the mere perception by dealers that that dealers by perception mere the , sex or marital status or marital sex , , AFCs could limit dealers’ dealers’ limit could AFCs a dealership would have to to have would adealership , , much less that dealers dealers that less much , the opacity of the loan loan ofthe opacity the , given the relatively low low relatively the given color , AFCs are unwilling to to unwilling are AFCs , full information is is information full , it would face asec face would it , religion , with respect to respect with , where lenders lenders where , , , national national or age.” ” f or the or the ------,

Comparing settlements from private and and private from settlements Comparing GREASING THE WHEELS TOWARD WHEELS THE GREASING In disparate impact cases impact disparate In in disparities race-based that showing By toward consumer programs ($150 programs consumer toward oflitigation. theory outcomes aggregated at look Courts tent. trates possible benefits of government government of benefits possible trates that a particular plaintiff was charged a charged was plaintiff a particular that proceed according to a disparate impact impact adisparate to according proceed ag and AFCs reach to cases allows pact private settlements the majority of the of the majority the settlements private illus actions enforcement ECOA public markups of discriminatory lem prob the address to is litigation private programmatic features programmatic non-monetary have settlements private p proof. Since lending decisions are based based are decisions lending Since proof. Second awards. potential exceed likely advantages main two offers model proof discrimination. produces that policy late ECOA because their policy of allowing allowing of policy their because ECOA late be aggregated be litigation organizations litigation Pro cases. these bringing stopped has bar EFFECTIVE ENFORCEMENT million) In market. auto-loan the in intervention If motivations. individual not simply narrow the range of dealer discretion ofdealer range the narrow introduction in discriminatory prove to not need representatives who were victims ofdis victims were who representatives of race because markup for controlling after even exist markups million) forced to preclude participation by impact impact by participation preclude to forced award goes to attorneys’ fees ($2 fees - $10.6 attorneys’ to goes award a anything appearance as such factors of other model treatment a disparate a crimination ($0 -$170 crimination consumers. minority impacts adversely cation requirements are more difficult to difficult more are requirements cation caps Markup markups. dealer on future d could dealership same the from coming difficult: standing requirements were en were requirements standing difficult: hurdlescedural made these cases more variables on many First model. treatment a disparate over dards have been heightened been have dards creditworthiness like factors objective loans up mark discretionarily to dealers gotiating style gotiating Under ofloans. pool anationwide gregate s illustrated by the NMAC example in the the in example NMAC the by s illustrated s a matter of aggregation s a matter laintiffs have argued that discretion is a discretion that argued have laintiffs isparate impact solves a problem of aproblem solves impact isparate A discretion-based disparate impact impact disparate A discretion-based Furthermore Plaintiffs have argued that AFCs vio AFCs that argued have Plaintiffs , , while a smaller sum is directed directed is sum a smaller while and an even smaller amount smaller even an and , goes to compensate named named compensate to goes , discrimination continues. discrimination , and litigation costs would would costs litigation and , or , since 2007 since type of car selected. selected. of car type , it is difficult to prove prove to difficult is it , 0 , , 00). Many of the the of 00). Many and not because not because and including caps caps including , pleading stan pleading , , disparate im disparate , plaintiffs do plaintiffs the plaintiffs’ plaintiffs’ the , class certifi class , only loans loans only , , it must must it 0 00 - $2 -$2 00 , , but ne , if if ------, , , , ,

“effective practical guaranty against ar against guaranty practical “effective Raymond J. Lohier ’91 of the US Court ’91 USCourt the of J. Lohier Raymond District Court for the Southern District District Southern the for Court District Adkins Adkins on worked also Cao Clinic, Justice Consumer Financial Protection Bureau Bureau Protection Financial Consumer yan cao yan Scholar, Furman Academic Scholar, co- Scholar, Academic Furman Scholar, v. Morgan Stanley v. Morgan vidual dealers vidual with business interests. It invoked Justice Justice It invoked interests. business with work-in-progress. Cao is currently clerk- currently is Cao work-in-progress. mortgage discrimination suit challeng discrimination mortgage was a Root-Tilden-Kern Public Interest Interest Public aRoot-Tilden-Kern was the following term and then plans to to plans then and term following the large-scale racial disparities wrought by by wrought disparities racial large-scale ing for Judge J. Paul Oetken of the US the of Oetken J. Paul Judge for ing producing in role their for securitizers ing Law Review Law the at working while practices lending Robert Jackson’s maxim that “the prin “the that Jackson’s maxim Robert that actions filing by field the entered DOJ represent borrowers in predatory predatory in borrowers represent from a is excerpt This lending. sub-prime NYU NYU the of editor-in-chief and sentation, of Appeals for the Second Circuit in in Circuit Second the for Appeals of Judge for clerk will York. She New of during her 1L summer. At NYU Law, she she Law, NYU At summer. 1L her during and discriminatory lending cases. lending discriminatory and the government is better positioned to positioned better is government the t t two important ways. First ways. important two chair of the Coalition for Law and Repre- and Law for Coalition the of chair litigators have not attempted. Second not attempted. have litigators and risk rising the worth be to small too be bitrary and unreasonable” decision- unreasonable” and bitrary an provide to generally” imposed be litigation may prevent aggregation. Even as these these as Even aggregation. prevent may discrimination discretion-based in meet making. These strategic improvements strategic These making. ment clause aligned equal protection protection equal aligned clause ment markups higher than rather lower for account to dealers asking By rate. capped the than lower was that markup 2007 In relief. hurdles procedural same ofthe many ment to avoid some barriers to private private to barriers some avoid to ment cost oflitigation. cost may claims Remaining settlements. early by emptied been already have pockets est risky more become have cases claims abandoning this field of litigation of field this abandoning ciples…impose[d] upon a minority must must a minority upon ciples…impose[d] clarify the law and negotiate injunctive injunctive negotiate and law the clarify of government enforcement. enforcement. of government law the clarify faith good in litigation private the from differed settlements required dealers to document document to dealers required settlements ogether with the potential for govern for potential the with ogether he cost calculus is less prohibitive and and prohibitive less is calculus cost he While government enforcement faces faces enforcement government While

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United States v. Play States United Finally , a regulation of of aregulation on advertis , the Court Court the feet ofa feet Using Using , the the ------“marketplace of ideas.” Justice Oliver Wen Oliver Justice ofideas.” “marketplace Independent Community School District Amendment is the search for truth in the the in truth for search the is Amendment Morse v. Frederick School District No. 403 v. 403 Fraser No. District School wear black armbands to protest the Viet the protest to armbands black wear weighing their thoughts against others against thoughts their weighing wide discretion to officials to suppress suppress to officials to discretion wide tainment Merchants Association wood School District v. Kuhlmeier District School wood Brown v. Brown Enter in decision recent Court’s Circuits have extended these doctrines doctrines these extended have Circuits Decisions from the Second and Fourth Fourth and Second the from Decisions to video games video to the Court affirmed students’ rights to rights students’ affirmed Court the to children. Because the marketplace tests tests marketplace the Because children. to specifically extend not need rights these rights speech Without ties. the at orexpression ofspeech freedom to than for children. This theory therefore therefore theory This children. for than p targeted their school communities. school their targeted lack practice developing their thoughts their developing practice lack people can distinguish truthful ideas from from ideas truthful distinguish can people by conferring intellectual and develop and intellectual conferring by important More ideas. of ketplace particularly astute children’s opinions opinions children’s astute particularly parties greater rights to approach chil approach to rights greater parties principles underlying the First Amend First the underlying principles ideas for their validity their for ideas students that clear made and War nam false ones—a task better suited for adults adults for suited better task ones—a false mental benefits. By contrast By benefits. mental maturity and critical-thinking capabili critical-thinking and maturity their hurt may children silencing and ing may be intrinsically valuable to the mar the to valuable intrinsically be may dren’s claims to vindicate their own free free own their vindicate to dren’s claims a adult participants in the marketplace. the in participants adult result is inconsistent with the three main main three the with inconsistent is result dren’s speech is instrumentally valuable valuable instrumentally is dren’s speech ac itself get to thought ofthe power the is dren also have marketplace rights. But But rights. marketplace have also dren ofideas marketplace the ment: rights constitutional their “shed not do children from contributions to grants it than dren cepted in the competition of the market.” ofthe competition the in cepted even online even outside delivered speech online to even and self-fulfillment. or i cratic self-government cratic dell Holmes wrote Holmes dell Tinker v. Des Moines Moines v. Des Tinker In rights. speech Bethel Bethel gate.” through But schoolhouse speech if it is school-sponsored or lewd school-sponsored is it if speech school nd are less likely to grow into effective effective into grow to likely less are nd ersuading others of their opinions oftheir others ersuading The Supreme Court today grants third third grants today Court Supreme The The primary rationale for the First First the for rationale primary The Admittedly Meanwhile Despite children’s immaturity children’s Despite f it ambiguously promotes illegality. promotes ambiguously f it , a t least in cases where the students students the where cases in t least , who face school discipline for for discipline school face who , expression. off-campus , , , speakers addressing chil addressing speakers courts have rejected chil rejected have courts including in the Supreme Supreme the in including , , the Court now grants grants now Court the “The best test of truth truth of test best “The , , it assumes that that assumes it and autonomy autonomy and , children may may children , disciplin . , , demo

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83 arguments and opinions 84 WWW.LAW.NYU.EDU “comport[s] with the premise of individual of individual premise the “comport[s] with Amendment speech free that holds Amendment vidual autonomy and self-fulfillment. In self-fulfillment. and autonomy vidual viewpoints. But the limited regulations at at regulations limited the But viewpoints. w Even when children’s speech seems value seems speech children’s when Even - ag real-world and violence media tween chil associated use; tobacco increased to the younger Justice John Marshall Har Marshall John Justice younger the aggres increase games video violent that policies and ensure government account government ensure and policies lan’s words less miscon official orcheck debate public participants. ketplace ofmar required rationality the promote be aconnection suggested and behavior; policies as adults. By contrast By adults. as policies government criticize to children preparing builds critical thinking and inquisitiveness and thinking critical builds ofspeech regulation government ject for functioning government. functioning for For values. democratic with inconsistent it that indicate and children to speech for maturity and self-confidence. By contrast By self-confidence. and maturity censor widespread donot risk here issue insult their dignity and cause resentment resentment cause and dignity their insult to speech unrestricted requires rationale protected even to rights their not exercise a prevent to order in speech children’s ing ability government criticize to citizens enabling and attitudes their in changes with online content explicit sexually to dren’s access advertising dren’s to cigarette exposure Furthermore children. at directly aimed autonomy and dignity by boosting their their boosting by dignity and autonomy example effects countervailing have may children issues. public with engaged citizen-critic active an become to likely less is child Moreover duct. in participate nonetheless may children than rather development their stunt could protection ofstrong costs countervailing re to reason sufficient provide not does educated voters exposed to multiple multiple to exposed voters educated potential illustrate studies These gression. dignity and choice.” and dignity well as children Otherwise effect. chilling s self-government. s sion Furthermore ship. speech out of fear ofpunishment. offear out speech uppressing children’s speech is likely to to likely is speech children’s uppressing ocial science research has linked chil linked has research science ocial hich promote effective government by by government effective promote hich Though they are too young to vote to young too are they Though The second rationale for the First First the for rationale second The Under the third rationale for the First First the for rationale third the Under Strong speech rights further children’s children’s further rights speech Strong Some argue that the self-government self-government the that argue Some , the doctrine should default to protect to default should doctrine the , w , is necessary to achieve democratic democratic achieve to necessary is hich would be counterproductive counterproductive be would hich , some empirical studies claim claim studies empirical some , the right of free expression expression free of right the , free speech promotes indi promotes speech free , children’s free expression expression free children’s , such that they become become they that such , u nfettered speech to to speech nfettered , children may may children , a censored acensored ,

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Amendment participants. Admittedly participants. Amendment with discipline with But this adjustment would address only only address would adjustment this But Breyer’s words Breyer’s By contrast ker the school”—already allows bullying to be be to bullying allows school”—already the of requirements the with interfere[s] tially than protecting children’s development. development. children’s protecting than significant more are rights speakers’ that tiny would therefore let the government government the let therefore would tiny tonomous decisionmaking. tonomous the First Amendment. The Supreme Court Court The Supreme Amendment. First the in advertising to exposure children’s that terests are minimally affected by narrow narrow by affected minimally are terests manufacturers game video and tisers ter availability for adults for availability ter of level relaxed amore using children to harassment and “cyberbullying and harassment typical strict scrutiny.) In such cases such In scrutiny.) strict typical children benefit to boosts their growth into effective First First effective into growth their boosts beneficial be even ormight harmful be protect children from potentially harmful harmful potentially from children protect population. Moreover population. bolster rather than impair children’s au children’s impair than rather bolster regulated when it substantially interferes interferes substantially it when regulated regulations in which speech infringements infringements speech which in regulations material without dramatically curtailing curtailing dramatically without material reasonable government regulations could could regulations government reasonable appropriate discipline in the operation of operation the in discipline appropriate underlying policies the to counter runs paradoxically doctrine speech free rent restriction on expression.” Relaxed scru Relaxed expression.” on restriction ofthe most to access allowing regulations row commercial restrictions of speech ofspeech restrictions commercial row are minimal are participants. Amendment First full into est in dissuading such speech. But the Tin- the But speech. such dissuading in est students other and cumstances off campus off rights. speakers’ adult c also have autonomy interests autonomy have also curity. These studies further suggest that that suggest further studies These curity. sexual that and use tobacco their creases autonomy theory. While tobacco adver tobacco While theory. autonomy government maintains a legitimate inter alegitimate maintains government children for rights speech ger alienation and directly to children is children to directly suppressed if it “materially and substan and “materially it if suppressed should yield to the state’s rational conduct. state’s rational the to yield should cir such In interests. regulatory substantial solicitations online cause feelings ofinse feelings cause online solicitations should therefore make two adjustments. two make therefore should stakes are high: children’s development development children’s high: are stakes scrutiny. (Expansive regulations that al that regulations (Expansive scrutiny. hildren’s expression can harm teachers teachers harm can expression hildren’s Judged by these three theories three these by Judged rule—allowing student speech to be be to speech student rule—allowing First Second not might speech such that argue Some , the Court should analyze nar analyze should Court the , t , , because their self-expression self-expression their because r , he Court should uphold stron uphold should he Court , First Amendment formalism formalism Amendment First as compared with the state’s state’s the with compared as egulating speech channeled egulating , , , which run counter to the the to counter run which “ at least oncampus. least at no more than a modest a modest than no more , , should be subject to to subject be should particularly through through particularly , , research has found found has research i n Justice Stephen Stephen n Justice , even if they aim aim they if even , especially especially , those in those , ” a nd the the nd , c , the the , or or ur ------,

Administration of Criminal Law. He was was He Law. Criminal of Administration Academic aFurman was he Law, NYU At Professor Samuel Issacharoff. Barkai Barkai Issacharoff. Samuel Professor Paul D. Kaufman Memorial Award for for Award Memorial Kaufman D. Paul Judge Stephen F. Williams of the US Court USCourt the of F. Williams Stephen Judge for clerk will York, New and of District Circuit in the 2014–15 term. 2014–15 the in Circuit yotam barkai Scholar; and a fellow at the Center on the the on Center the at afellow and Scholar; Politics and Economics, aLaw, Scholar; vide at least partial solutions. First solutions. partial least at vide when speakers intimidate others through through others intimidate speakers when values by suppressing children’s speech speech children’s suppressing by values note from which this excerpt was taken taken was excerpt this which from note graduated from Yale University, where where Yale University, from graduated note by by note Review Law outstanding most the First Amendment doctrine. Current doc Current doctrine. Amendment First Review in the November 2012 issue; it won the the won it issue; 2012 November the in he majored in ethics, politics, and econ- and politics, ethics, in majored he recent cases, including v. Enter Brown omics, then worked for Teach for America. America. Teach for for worked then omics, trine would completely solve the problem problem the solve completely would trine doc neither While suits. defamation to the side of overprotection is more con more is overprotection of side the of Appeals for the District of Columbia Columbia of District the for Appeals of Southern the for Court US District of the One possible rule would allow schools to to schools allow would rule possible One undervaluing speech by children by speech undervaluing to free speech more consistent with the the with consistent more speech free to NYU Law Law NYU the of editor articles an also trine runs counter to the amendment’s amendment’s the to counter runs trine a graduating student. Barkai is currently currently is Barkai student. graduating a Association Merchants tainment purposes of the amendment. amendment. ofthe purposes children’s speech rights while researching researching while rights children’s speech clerking for Judge Katherine B. Forrest Forrest B. Katherine Judge for clerking intentionally causing a fear of harm. Sec ofharm. afear causing intentionally regulation of speech to children and more more and children to ofspeech regulation modified doctrine promises an approach approach an promises doctrine modified a may leave open some legitimate safety safety legitimate some open leave may rule This school. the targeted intentionally has author the when only speech regulate education speech off-campus of harmful ond derprotection. Rather than punishment than Rather derprotection. Supreme Court should allow reasonable reasonable allow should Court Supreme address digital speech that originates off originates that speech digital address eration of citizen-critics. Therefore ofcitizen-critics. eration gen a future debilitating potentially and thinkers. mature be to children culture concerns. However concerns. school. within effects causes but campus government may regulate “true threats “true regulate may government courts have created a “child paradox” in in paradox” a“child created have courts sistent with free speech values than un than values speech free with sistent strongly protect children’s speech. This This speech. children’s protect strongly dministrators’ efforts should focus on focus should efforts dministrators’ The difficult question difficult The

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85 PROCEEDINGS 86 WWW.LAW.NYU.EDU W A Bold Lawyer, aVisionary CEO kicks off the NYU Leadership theNYU Series in Law off Business. kicks and SouthwestLegendary Airlines Kelleher Herb founder ’56 Vanderbilt Hall, the first thing he did was was did he thing first the Hall, Vanderbilt of the NYU Leadership Series in Law and and Law in Series Leadership NYU of the Business that evening, where he received received he where evening, that Business Leadership Program in Law and Business Business and Law in Program Leadership and CEO—are well documented. Start documented. well CEO—are and his from all, above derive, achievements &Business, Law for Center Pollack the and He whiskey. any hehad if waiter the ask nizers of the series, the Mitchell Jacobson Jacobson Mitchell the series, ofthe nizers ning’s audience would listen to with bated bated with to listen would audience ning’s west—where he spent 20 years as president president as years 20 spent he west—where incomparable Kelleher’s they? wouldn’t found is fame to claim Kelleher’s while he? Because was Or ofcourse. joking, was in Room Dining Snow the in students with the Arthur T. Vanderbilt Medal, the Law Law the Medal, T. Vanderbilt Arthur the settled he end, the Turkey. In Wild for taste industry’s the in airline successful truly had Kelleher in their sights for the debut debut the for sights their in Kelleher had legendary equally an got he’s also history, line was fielding 694 planes performing performing planes 694 fielding was line breath. But first, his student lunch compan lunch student his first, But breath. School’s highest alumni award. The orga The award. alumni School’s highest ing and building what is arguably the only only the arguably is what building and ing ions would have a crack at him. at acrack have would ions eve the which leadership, about insights why And start. very the from interview tea. iced an for ing with three airplanes in 1971, the air the 1971, in airplanes three with ing Kelleher, Rosenfeld Kelleher’s accomplishments at South at accomplishments Kelleher’s launch York New the for in was Kelleher hen herbert ’56 kelleher on February 28 for an inti an for 28 on February the charismatic founder of founder charismatic the Southwest Airlines, sat down down sat Airlines, Southwest mate lunchtime conversation conversation lunchtime mate ------, 31 administrative and judicial proceedings. judicial and administrative 31 25 years as a corporate lawyer before found before lawyer acorporate as years 25 chooses to use it. Too many lawyers, he lawyers, Too it. many use to chooses back law ofa value the that was offered carriers before the airline flew a single single a flew airline the before carriers US of any passengers domestic originating an had never has company The 2012. of or too negative control your actions.” your control negative or too (or themselves) why they can’t dosome can’t they why (or themselves) Kelleher spent 10 years litigating with other other with litigating 10 years spent Kelleher delivered Southwest 2002, until 1972 From you to do anything you want to do, by re- do, by to want you doanything to you ground resides purely in how a lawyer alawyer how in purely resides ground added, came because of that openness to to openness ofthat because came added, moral and ethical, legal, arranging—within year. per percent 26 at too: profited, have Shareholders airline. most the carries it today and employee, an seek. You can’t let people who are too scared scared too are who You people let can’t seek. clients their telling time their spend said, hadn’t he If it. before came that something rience as the key to his later success, not just not just success, later his to key the as rience flight. In one six-year period, he endured endured he period, six-year In one flight. unprofitable year, it has never furloughed furloughed never has it year, unprofitable thing. “But that’s the comfortable answer,” answer,” comfortable the that’s “But thing. company, 500 S&P ofany return highest the had a talent for legal tussle, he explained, explained, he tussle, legal for atalent had he said. “The best lawyers are those that help help that those are lawyers best “The he said. possibility, which led to his founding a San aSan founding his to led which possibility, bounds—any obstacles to the outcome you you outcome the to obstacles bounds—any Southwest would never have left the gate— the left have never would Southwest ing Southwest, and that he views that expe that views he that and Southwest, ing end the by day per flights 3,400 than more What is less known? That Kelleher spent spent Kelleher That known? less is What The chance to found Southwest, he Southwest, found to chance The One profound observation Kelleher Kelleher observation profound One

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“Isn’t it a shame that when we get up in the the in up get we when that “Isn’t ashame it Antonio law firm to help clients start entre start clients help to firm law Antonio 1973, Southwest instituted the industry’s industry’s the instituted Southwest 1973, of Southwest’s success can be attributed to to attributed be can success of Southwest’s a$75 waiving for exchange in ventures ents’ cli oftwo 10 percent own to chance on the drink—of Wild Turkey. Wild drink—of a with said he noprofits,” had we do when In focus.” primary our remained of people who those were “There premise. of that not just them, for works who person every on a cocktail napkin. And while he clearly clearly he while And napkin. on acocktail Kelleher. “But at Southwest, we’ll fire you if if you fire we’ll Southwest, at “But Kelleher. Frost: Robert poet great the quoted Kelleher Kelleher’s lunchtime chat and his evening evening his and chat lunchtime Kelleher’s you aren’t smiling and having fun.” When When fun.” having and aren’tsmiling you go away as we grew bigger,” he said, “but “but bigger,” said, he grew we as away go airline really is about people. While some some While people. about is really airline and fun are not mutually exclusive. “Most “Most exclusive. not mutually are fun and work that insight: counterintuitive another beings. human as also but employees as ofair model one operating and and-spoke, second mistake daily.) mistake second that for pay to continues Kelleher smoker, roll-on deodorant, and the other, the strip strip the other, the and deodorant, roll-on returned to the idea that the most success most the that idea the to returned first profit-sharing program. “It was easy to easy was “It program. profit-sharing first with one of those very clients that the orig the that clients very ofthose one with we come to work.” The secret at Southwest, Southwest, at secret The work.” to come we motto. its behind money its put to willing tor of the Leadership Program, it was that the the that was it Program, Leadership the of tor achain- (As packs. cigarette unwraps that that everybody join him at the bar for a for bar the at him join everybody that suggested Kelleher over, was interview the care taking happen—because didn’t that of worth the respect businesses best the in And place. first the in successful them harbors no regrets, he did admit to miss to admit did he noregrets, harbors happen. And how did they do that? With With dothat? they did how And happen. didn’t that sure make to was insisted, he pure business decisions—such as using a a using as decisions—such business pure adrink over It was ventures. preneurial laugh. But it showed that the company was was company the that showed it But laugh. would feeling’ ‘family our that predicted discussions ofseveral—both instead plane hub- traditional versus model point-to-point people don’t want to look like they’re hav they’re like look to don’tpeople want Southwest succeeded by never losing sight sight losing never by succeeded Southwest people. was that case, Southwest’s interview with Gerald Rosenfeld, co-direc Rosenfeld, Gerald with interview incorporation fee. One went on to invent invent onto went One fee. incorporation passing as such opportunities, afew ing out sketched was Southwest for plan inal ing fun at work for fear of getting fired,” said said fired,” ofgetting fear for work at fun ing furiously—until work minds our morning made what remember leaders corporate ful founded with the understanding that that understanding the with founded If there was a common thread between between thread acommon was there If In distilling his insights on leadership, onleadership, insights his distilling In Southwest, Kelleher explained, was was explained, Kelleher Southwest,

Duff McDonald Duff ------“‘compromise,’ among many, seems to be be to seems many, among “‘compromise,’ Annual Alumni Luncheon in January, January, in Luncheon Alumni Annual I of HouseA Man the US Representative Hakeem Jeffries ’ Congressional District, Jeffries delivered delivered Jeffries District, Congressional changed—he rattled off the current prob current the off rattled changed—he the at He observed democracy. cultural amulti in ground common of finding the and Constitution the from everything a crowd of more than 300. 300. than ofmore a crowd address, Jeffries addressed the challenges challenges the addressed Jeffries address, attitude, that word.” Lamenting a dirty win in New York’s recently redrawn Eighth Eighth redrawn York’s New in recently win uniquely American. Compromise gave gave Compromise American. uniquely try from its founding: “Compromise is is “Compromise founding: its from try the need for compromise, he said, has not. has said, he compromise, for need the to speech luncheon’s keynote alumni the of selecting matter the and of slavery tution he argued that meeting in the middle on middle the in meeting that argued he lems of the stagnating economy, a difficult adifficult economy, stagnating ofthe lems have issues the although that luncheon coun the characterized has presidents birth to this great union.” union.” great this to birth hopes asanewofhopes adivided member Congress. immigration policy, and gun violence— gun and policy, immigration resounding his celebrate to ceremony in insti troubled the to ofCongress makeup n the increasingly stark left-right stark increasingly n the divide in the United States today, said said today, States United the in divide Hakeem Jeffries ’97 at NYU Law’s ’97 NYU at Jeffries Hakeem Just two days before a local swearing- alocal before days two Just In that speech and in his inaugural inaugural his in and speech that In this point by observing how observing by point this tent primacy, working across across working primacy, tent no party achieving consis achieving no party the Republican-Democrat Republican-Democrat the in recent elections. With With elections. recent in The congressman reinforced reinforced congressman The and forth every two years years two every forth and pendulum has swung back back swung has pendulum ideological divides is more more is divides ideological important than ever. than important “In politics,” Jeffries Jeffries politics,” “In said, “it’s often “it’s often said, been said that that said been there are no are there - - - - - York. Before being elected to the assembly, assembly, the to elected being York. Before for running before Assembly York State Weiss, Rifkind, Wharton & Garrison and and &Garrison Wharton Rifkind, Weiss, Judge Harold Baer Jr. of the US District District US Jr. Baer of the Harold Judge Court for the Southern District of New of New District Southern the for Court City public schools and earned abache earned and schools public City raised and Brooklyn in born was Congress, work will he stated, has Jeffries Congress, sure make to charge a sacred have Congress enemies. All there should be are permanent permanent are be should there All enemies. on economic growth, reforming the crim the reforming growth, on economic devastated by Superstorm Sandy. Sandy. Superstorm by devastated Brooklyn in anchored is district—which 113th the During on over-criminalization. and parts of southwest Queens—that were were Queens—that southwest of parts and abiparti as well as committees Budget and served as counsel in the litigation depart litigation the in counsel as served Law Review onthe served force task Committee Judiciary House san where he graduated magna cum laude and and laude cum magna graduated he where the of interests permanent the advance we ton, as well as a master’s in public policy policy public in a master’s as well as ton, he practiced law for several years at Paul, Paul, at years several for law practiced he lor’s degree in political science from the the from science political in lor’s degree his in neighborhoods assisting and lence, ofAmerica.” States United ofthe people permanent no are there friends, permanent State University of New York of New Bingham at University State ments of Viacom and CBS. and ofViacom ments from Georgetown and a JD from NYU Law, Law, NYU from aJD and Georgetown from York New He attended Heights. Crown in vio gun preventing system, justice inal of members as we that Ibelieve interests. After law school, Jeffries clerked for clerked Jeffries school, law After Jeffries, who spent six years in the New the New in years six spent who Jeffries, He has been appointed to the Judiciary Judiciary the to appointed been He has 97 talks about his . ------“Young man, we sent you down to Wash to down you sent we man, “Young Tobacco, Firearms, and Explosives (ATF) Explosives and Tobacco, Firearms, Congressional District, it seems to me, is a a is me, to seems it District, Congressional Christian prayers—“I am exponentially exponentially am prayers—“I Christian Assur Chisholm. Shirley Congresswoman cheon were polished, and his response to to response his and polished, were cheon cal power players. He dared to be funny funny be to He dared players. power cal I’m not sure where they are.” they where I’m not sure Harlem, Bronx, South York, the New East I need all the blessings I can get.” Ican blessings the all I need gun that’s flowing in from the Deep South, South, Deep the from in flowing that’s gun grateful to receive Jewish, Muslim, and and Muslim, Jewish, receive to grateful any gun manufacturers,” he said. “Every “Every said. he manufacturers,” gun any in occurred shootings offatal astring after audience alumni the from a question and act up.” And in a nod to his extraordi his to a nod in up.” act And and a to culture Brooklyn his bringing about swearing-in, surrounded by family, friends, Eighth the into comes that gun single replied Jeffries representative. and servant public ofapassionate glimmers showed narily diverse constituency, he said he was was he said he constituency, diverse narily dis ofthe much represents he that noted York’s ofNew some politi and neighbors, regarding his position on gun control control gun on position his regarding figure out what the ATF is doing, because because is doing, the ATF what out figure up the I-95 corridor, and is being illegally illegally being is and corridor, I-95 the up trafficked in. I thought it was relevant to relevant was it thought in. I trafficked Alcohol, of Bureau the of director the with ameeting for asked recently he that there with John Boehner and Paul Ryan, Ryan, Paul and Boehner John with there trict served by the legendary seven-term seven-term legendary the by served trict his district. “In New York City, in Brooklyn, Brooklyn, York in New City, “In district. his he imagines her voice in his head, saying, saying, head, his in voice her imagines he blessed!” he quipped—adding, “I’m down “I’m down quipped—adding, he blessed!” if the ATF is not in Bedford-Stuyvesant, Bedford-Stuyvesant, not in is ATF the if Idon’t see Irepresent, that district the in ington to stand up, so don’t go down there there don’t so up, down go stand to ington said he best, his do he’ll that crowd the ing He DC. Washington, buttoned-up more Auction inFebruary raised agrand entertaining commentary”;entertaining anda evening billedasa“sci-fi/fantasy of caninetherapy withProfessor Erin competitive cake decorating against winning bidder. Sold! The 19thannualPublic Service Murphy andherdog,Normandy; an month ofdailyjokes e-mailed to the movie nightwith a1Lgeek providing Dean Richard Revesz; anafternoon Notable auctionitems included live Funding Grants for 1Land2students. to helpfundPublic Interest Summer total of$84,148, whichwillbeused Going Twice... Jeffries’s prepared remarks at the Jeffries’satlun remarks prepared His passion was also evident at his local local his at evident also was passion His

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87 PROCEEDINGS 88 WWW.LAW.NYU.EDU P to make marriage equality thelaw of the land. Former adversaries David Boies andTheodore Olson unite Courtship Supreme A Election CommissionElection Microsoft of Judicial Administration, and Boies is a is Boies and Administration, of Judicial of the 100 most influential people in the in people influential most 100 of the and & Flexner Schiller of Boies, chairman Justice over win to how as such on points Bush was US solicitor general, is especially especially is general, solicitor US was Bush gay marriage, and the worst-case scenario scenario worst-case the and marriage, gay argued many of the landmark cases of our our of cases landmark ofthe many argued v. Gore ofBush sides onopposite argued W. ofGeorge presidency the during and who Olson, and Committee, Judiciary ate riage equality. The October 2012 conversa 2012 October The equality. riage remarkable because the two attorneys had had attorneys two the because remarkable world in 2010. They also have strong ties ties strong have also 2010. They in world touching hour, of an course the over widely trustee and has endowed the David Boies Boies David the endowed has and trustee mem aboard is Olson where Law, NYU to time, including v. Federal United Citizens the at arguments oral preceded which tion, ber of the Dwight D. Opperman Institute Institute D. Opperman Dwight ofthe ber Scalia on the issue, the public’s support for for public’s support the issue, onthe Scalia ranged later, months six Court Supreme in-depth interview about the future of of mar future the about interview in-depth in 2000. Between them, the men have have men the them, Between 2000. in &Crutcher Dunn Gibson, at partner now is Sen the of counsel chief 1970s late the in challenge. legal this for The high-profile team of Boies, current current Boies, of team high-profile The roposition 8 litigators David 8litigators roposition dow at NYU School of Law for an an for ofLaw School NYU at dow Boies LLM ’67 and Theodore Olson Olson ’67 Theodore and LLM Boies joined MSNBC host Rachel Mad Rachel host MSNBC joined . Both were named to Time to named were . Both United States v. States United and ’s list list ’s

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“We have a little joke—David will ensure ensure will joke—David alittle “We have Bush vs. Gore vs. Bush v. Ferguson Plessy Plessy as such rulings to pointing Olson, erroneous decisions in its history,” said said history,” its in decisions erroneous made has Court Supreme “The chances. cases under their belts, they spoke author spoke they belts, their under cases discriminate based on sexual orientation,” orientation,” onsexual based discriminate have now we What marry. to right the of unanimous.” be will it so Igot, that court Professorship of Law. Boies would also also would Boies ofLaw. Professorship Boies noted that Justice Scalia has said that that said has Scalia Justice that noted Boies guarantees that we have. “I think it’s easy it’s easy “I think have. we that guarantees said Boies. “That is an argument that isn’t that argument an is “That Boies. said - Com University 2013 the both at speak right thing. “We believe the Supreme Court Court Supreme the “Webelieve thing. right views but to enforce the constitutional constitutional the enforce to but views will get it right. David and I are writing no writing Iare and David right. it get will the do ultimately and issues these with that we get the ones that voted his way on way his voted that ones the get we that to right government’s ofthe upholding the 106.) onpage (See story tion. to do is recognize that there’s no basis to to nobasis there’s that recognize dois to guarantee constitutional the recognize to equality, of marriage issue the support to he said, the Supreme Court will struggle struggle will Court Supreme the said, he his job is not to impose his own personal personal own his impose not to is job his justice of this court off,” Olson continued. continued. off,”Olson court ofthis justice intern Japanese Americans. But in the end, end, the in But Americans. Japanese intern their about confidently and itatively Convoca Law NYU the and mencement As for how to convince the conservatives conservatives the convince to how for As With no fewer than 60 Supreme Court Court Supreme 60 than nofewer With , the Dred Scott decision, and and decision, Scott Dred , the , and I’ll get the side of the of the side the get I’ll , and - - Theatre Ensemble. The two plaintiffs in the in plaintiffs two The Ensemble. Theatre Social Change Social June, the Court ruled 5–4 that Proposition 8 8 Proposition that 5–4 ruled Court the June, discrimination against gays and lesbians. and gays against discrimination edged that in a realistic worst-case scenario, scenario, worst-case arealistic in that edged principle basic the shares who everybody dogged determination to continue to fight fight to continue to determination dogged never would we that away in lives our has case the about thing good the do. So a performed Ensemble Theatre Epic of the & Law of Review NYU the by organized I to be given that permission by two very very two by permission that given be I to v. Brown Perry of Role Future Republican or Democrat, conservative or conservative orDemocrat, Republican going to help you, and you don’t need to be don’t be you to need and you, help to going about this issue,” quipped Maddow, who Maddow, who quipped issue,” this about by affected was California only that and acknowl they but decision, a unanimous after the June ruling, Boies reaffirmed his his reaffirmed Boies ruling, June the after members when evening, previous the and Con “Making the off kicked Maddow and sion, said Boies, we all have a lot of work work alotof have all we Boies, said sion, appeal to standing not have did supporters sensitive, caring attorneys really changed changed really attorneys caring sensitive, and For Sandy anymore.’ coping at good so on based Black Lance Dustin screenwriter 8 of reading stage Epic and OUTLaw, NYU Yoshino, Kenji sor and Present, Past, The Change: stitutional not OK. You need to fight back and we’re and back You fight to not OK. need rience: “Being somebody who’s different who’s different somebody “Being rience: were present throughout the daylong event event daylong the throughout present were to do to reverse the “pain and evil” of this ofthis evil” and “pain the reverse doto to conclu In opinion.) Court Supreme the ofsame-sex legalization court’s lower the that meaning ruling, court district 2010 the in fact, (In issue. the decide must states that same-sex deny might Court Supreme the the under doofequality Americans all that the United States Constitution enforced enforced Constitution States United the days a few only and event, Law NYU the I’d never Ithought something was tected’ transcripts. 8trial Proposition the have predicted.” in cases famous most ofthe one for hand Stier, Sandy and Perry Kris case, headlining law, justice for everybody.” for law, justice to appeals that argument an It is liberal. been having straight lawyers say, ‘This is say, ‘This lawyers straight having been into a courtroom to say, ‘I need to be pro be to say, to ‘I need acourtroom into go to trying then and people other from is openly lesbian. openly is upheld be would California in marriage rule and right a constitutional as marriage in every single state in the union.” union.” the in state single every in that’s by equality guaranteed marriage have to is goal “Our marry: to right the for expe ofher spoke history, legal modern “I love talking to old, straight white guys guys white straight old, to talking love “I Appearing on CNN eight months after after months eight onCNN Appearing The keynote panel with Boies, Olson, Olson, Boies, with panel keynote The Olson and Boies said they would aim for for aim would they said Boies and Olson Perry, whose surname is now short now is surname whose Perry, in collaboration with Profes with collaboration in , a play by Oscar-winning Oscar-winning by , aplay ” symposium ” symposium

------Enforcement Through Self-Interest Through Enforcement D considered international law “largely “largely law international considered of analysis an to principles economics International Law Useful?” Law International nomics expert who joined the faculty last last faculty the joined who expert nomics that, as a Yale Law School student, he had had he student, School Law aYale as that, pointless”: “When international law asks asks law international “When pointless”: international law in his talk, “When Is “When talk, his in law international fall from Stanford Law School, confessed confessed School, Law Stanford from fall Sykes, Kindler, Revesz Sykes, an international law and eco and law international an Sykes, elivering the inaugural inaugural the elivering holder of that chair title, applied applied title, chair ofthat holder lecture of the Robert A. Kindler Pro Kindler A. Robert the of lecture fessorship of Law, Alan Sykes, the the Sykes, Alan of Law, fessorship - - Examining the Economy Comfort GlobalEconomic Policy Forum provided atimelyopportunityfor ahostofexperts were highlyconcentrated invery leveraged institutionsandtherefore were propagated and which was co-sponsored by NYU’s Center for Financial InstitutionsandtheMitchell Jacob- exacerbated inaway thattheITlosses were not.” Those calculationsaffected thestimulus economic modelstreated thehousing bustas“ITBust2.0.” Infact, Orszag argued, “The IT aftermath ofthefinancialcrisis—need to beseparatedaftermath inorder to make senseofthecurrent situation. Whilerecent fiscalpolicy got alotright over thepast few years, hesaid,amis- share ofthenationalincome over 30years andthedeleveraging process occurring inthe son Leadership Program inLaw andBusiness. sovereign debt understanding exists about thenature oftherecovery becausevarious government macro- - insti among interaction strategic governs and some noncompliance,” he said, “but “but said, he noncompliance,” some and to appeared system (GATT). Trade “The and sanctions, Sykes wondered, how can asys can how wondered, Sykes sanctions, ment andBudget underPresident Obama,gave akeynote speechandQ&Aattheevent, ruptcy andstate takeovers; thesecond, ledby DistinguishedScholarinResidence andSenior Lecturer Gerald Rosenfeld, examined municipalfinance markets, pensions,andbudgets; and to therecovery’s detriment. nomic theory of repeated games, which which games, ofrepeated theory nomic the under agreements negotiated reflect the third, moderated by Bernard Petrie Professor ofLaw andBusiness BarryAdler, discussed were respected.” tutions or individuals that repeats itself itself repeats that individuals or tutions eco the He described succeed? oflaw tem of obligations majority overwhelming the be one in which there were some disputes disputes some were there which in one be from government, themedia,industry, andacademiato weigh inonthestate oftheeconomy. by MaxE.Greenberg Professor ofContract Law Clayton Gillette, looked atmunicipalbank- bill significantlyandled to aless robust approach to shoringupthehousingcrisis,hesaid— multilateral General Agreement on Tariffs onTariffs Agreement General multilateral losses were highlydiversified across broad financial markets, whereas thehousinglosses Orszag suggested thattwo aspectsoftheUSeconomy—the dramatic drop inlabor’s Without a central enforcer or formal or formal enforcer a central Without In additionto thekeynote, theforum alsoincluded three expertpanels.The first, chaired Peter Orszag, avice chairmanatCitigroup andformer director oftheOffice ofManage- .

domestic and inter and domestic of domestic law its bite.” its law of domestic enforcement mecha enforcement similarities between similarities national law, with US law, with national striking recognized much gives that nism will it otherwise, not in behave to nations working on interna on working ways that they would would they that ways tional trade matters matters trade tional trade hav statutes trade mind when he began began he when mind in the early 1980s and and 1980s early the in of sort the lacks it because Ithought, fail, ing been amended to amended been ing He changed his He changed ------Foundations of International Law International of Foundations over time (for example, a long-term con along-term (for example, time over cheating, whether the agreement has a has agreement the whether cheating, Within self-enforcing. be to made be can system aparticular whether examining and benefit, can state cooperating each erations,” said Sykes, namely, whether whether namely, Sykes, said erations,” governments are patient enough to forgo forgo to enough patient are governments addresses the ability of international law law of international ability the addresses Economic book their in “algorithm” an situations. The algorithm involves iden involves algorithm The situations. security matters, immigration law, and law, and immigration matters, security in used be might theory the how sidered whether it is reasonably easy to define define to easy reasonably is it whether fixed endpoint (if it doesn’t, each side is side each it doesn’t, (if endpoint fixed what counts as reneging. After applying applying After reneging. as counts what detect to and cooperation constitutes what that last element lie three “subconsid three lie element last that and whether asking cooperation, tional interna from ofgains source the tifying various in cooperation orchestrate to off better are said, he parties, Both tract). the likely success of multilateral agree ofmultilateral success likely the con Sykes World Organization, Trade the how those gains can be distributed so that that so distributed be can gains those how his algorithm to GATT and its successor, successor, its and GATT to algorithm his less likely to cheat in its twilight), and and twilight), its in cheat to likely less both sides cheat, then both are worse off. off. worse are both then cheat, sides both if both honor their agreement, whereas if if whereas agreement, honortheir both if ments in those areas. areas. those in ments assess to law rights human international Sykes and Eric Posner formulated formulated Posner Eric and Sykes As thepoliticaldustsettled presidential campaign,the the week lastNovember’s after

, which , which ------89 PROCEEDINGS 90 WWW.LAW.NYU.EDU Citizens, Aliens, and National Identity National and Aliens, Citizens, W Justice , who delivered the the delivered who Blackmun, Harry Justice Circuit and former clerk for Supreme Court Court Supreme for clerk former and Circuit of points of law regarding unauthorized unauthorized regarding oflaw of points Sixth the for ofAppeals Court US on the of title the not bearing but government, our with orinteracting us among living either grants and detainees charged with terror with charged detainees and grants grapple with difficult questions as to the to as questions difficult with grapple aliens, including constitutional references references constitutional including aliens, to according vary and not unlimited are were argued, she issues, These a nation.” civil of conception shared our refine and specific categories of aliens in making making in aliens of categories specific rights those although rights, stitutional con have do aliens that indicate to seem writings Madison’s James that suggested Madison Lecture in 1984. “I would submit submit would “I 1984. in Lecture Madison Octo last Lecture Moore’s Madison James variety ofcriteria. variety ficult questions requires us to articulate articulate to us requires questions ficult United States citizen,” said Moore, a judge ajudge Moore, said citizen,” States United that formulating the answers to these dif these to answers the formulating that to aliens and cases involving illegal immi illegal involving cases and aliens to have should aliens all whether and tution; aliens rights constitutional what tions: charged. politically and timely be to how closely an alien is tied to the US by a by US the to tied is alien an closely how have; when and how treating aliens dif aliens treating how and when have; proper treatment of millions of individuals, ofindividuals, ofmillions treatment proper liberty, national purpose, and identity as as identity and purpose, national liberty, ber, “Aliens and the Constitution,” proved proved Constitution,” the and ber, “Aliens ism. Further, she said, Congress has created created has Congress said, she Further, ism. then She rights. constitutional identical Consti the violates citizens than ferently ever. than pressing more “Today courts and civic leaders alike alike leaders civic and “Today courts In her lecture, Moore covered an array array an covered Moore lecture, her In Moore invoked three overarching ques overarching three invoked Moore ith pending supreme court court supreme pending ith cases on Arizona voting rights rights voting onArizona cases and Guantánamo Bay detainees, the topic of Judge Karen Nelson Nelson Karen ofJudge topic the ------And Access forAnd Access All door?’... Courts muststep in,becausethose wholackaccess to justice are a way legal services are delivered andhow courtscan ongoing reality ofsignificantnumbers ofpro selitigants: working harder to pro- easily. Asaresult, peopleare increasingly representing themselves, even asthenumberof our families, ourhomes,livelihoods—are theleastprotected.” create more accessible systems.” constituency without a voice. Am I suggesting that lawyers are the root of our alities: “Time andagain, inthenameofprotecting core values, theprofession has as analternative to full-fledged lawyers, as StateWashington hasdone. attorneys percapitaintheUShasmore thandoubledinthepasthalf-century. access to justice for notonlytheindigent butalsothemiddleclass. vide dueprocess for thoserepresenting themselves; makingavailable standard system’s ills? Notatall.Butwhenvast segmentsofoursociety are unableto quently arise as to how far in a territorial aterritorial in far how to as arise quently profession’s core values to those who do not make it through the lawyer’s office office profession’slawyer’s the core values tothrough thosewhodonot make it rejected reform efforts.Butas onecommentator hasasked: ‘Whatgood are the forms thatlitigants canfillouteasily;openinghelp centers for thosenavigating not sufficient to address the problem. Jefferson enumerated ways to address the middle class, whoseincomes are too highto qualifyfor assistance buttoo low to afford alawyer rights are illusory.… Alarger swath oflitigation existslackwealth, inwhichtheparties insurance for Some:How theLegal System Falls inProtecting Short BasicRights.” Inthe19thannuallecture utilize the legal system, we must examine whether we shouldchange the the judicialsystem ontheirown; andallowing limited-license legal technicians the poor, theignorant, thepowerless,” saidJefferson. “Yet inthereal world, many fundamental governing document says much about our our about much says document governing is absent,andpublicfundingnotavailable. Someofourmostessential rights—thoseinvolving sense and to which classes of aliens those those ofaliens classes which to and sense rights extend.” rights tional rights, Moore said, “that aliens are are aliens “that said, Moore rights, tional protected by our core foundational and and foundational core our by protected last February, Jefferson, chiefjustice ofthe Supreme Court ofTexas, highlighted alackofequal identity as a nation. The rights we cherish cherish we rights The anation. as identity “The ruleoflaw, practiced by expertsinthelegal profession, exists to afford aremedy even for The legal profession, Jefferson noted, hasbeenslow to embrace thenew re- Jefferson explained thatinsomecasesitiseasierfor the poorto findlegal aidthanthe He argued thatalthoughpro bonoeffortsby practicing lawyers are crucial,they are Despite limitations on aliens’ constitu onaliens’ limitations Despite As a result, Moore Moore a result, As context playing playing context questions more fre more questions of thought be can explained, aliens criminal prosecu criminal “As UScations: global in scope, in global and setting, gration an important role role important an a national security security a national setting, with each each with setting, immi an setting, tions become more more become tions investiga and tions immigration law. immigration in a constitutional a constitutional in in the legal impli legal the in

------The titleofWallace Jefferson’s William J. Bren- succinctly sumsuphisideas:“LibertyandJustice nan Lecture onState Courts andSocialJustice “How far outside the territorial bounds of bounds territorial the outside far “How jurisprudence”: alienage “constitutional most the having often of contradiction “the of the Constitution’s reach and protec and reach Constitution’s of the of implications the are what and extend, United the to ties community rooted deeply human ofthe dignity the in inhere deeply complicated question that intersects with with intersects that question complicated of questions, in terms of both law and and law of both terms in of questions, It is thus not surprising that the constitu the that not surprising thus It is greatest state ofuncertainty.” state greatest an alien enemy label to the robustness robustness the to label enemy alien an said, involves unsanctioned residents with with residents unsanctioned involves said, national security, raised in grappling with with grappling in raised security, national the United States does the Constitution Constitution the does States United the the in remain group this of rights tional ofcitizen.” label the tive and legislative power.” legislative and tive adeeply is aliens to apply norms tional constitu our which to extent The tions? being and do not attach only to those with with those to only attach not do and being States despite their unauthorized status. status. unauthorized their despite States immigrants living in the US illegally, she she illegally, US the in living immigrants important and contested realms of execu of realms contested and important

The perpetually thorny issue of those those of issue thorny perpetually The Moore emphasized the seriousness seriousness the emphasized Moore

- - - - “routine booking” exception to the Miranda Miranda the to exception booking” “routine Appeals for the Fourth Circuit, and Judge Judge and Circuit, Fourth the for Appeals T A Conversation Judges with York presiding, Yotam York presiding, Troupson ’14 argued that the officer had officer the that ’14 argued Troupson the ’13 tackled Williford Judge ’88 of the US Court of Court US ’88 of the Diaz Albert Judge exception. Zoey Orol ’13 then asserted asserted ’13 then Orol Zoey exception. ques the thus and guilt, ofpotential dence agovern with comply to Janus compelling erty. Co-counsel Harold ofhis time the at carrying encrypted data on an electronic device. electronic onan data encrypted Kimba Wood of the US District Court for the the for Court District US ofthe Wood Kimba adis before oralists student best Law’s Barkai ’13 argued that that ’13 argued Barkai administrative purposes, not to elicit evi elicit not to purposes, administrative for phone the of ownership about asked prop own his was arrest been had he phone a cell of disclosure compulsory from a suspect self-incrimination question, asserting that that asserting question, self-incrimination Miranda rights whether whether rights Miranda ness records, the material believed to be be to believed material the records, ness him asked repeatedly officer an when violated protects self-incrimination against right Amendment Fifth the whether and rule would be a tacit disclosure that those files, files, those that disclosure atacit be would which might implicate him in illegal acts, acts, illegal in him implicate might which US Court of Appeals for the Sixth Circuit, Circuit, Sixth the for ofAppeals Court US tect the contents of the appellant’s busi appellant’s ofthe contents the tect booking routine Miranda’s within fell tions were Janus George tioner peti of fictional rights the the argue to ofjudges panel tinguished that the Fifth Amendment did not pro did Amendment Fifth the that belonged to him. to belonged ofhis reading the before Southern District of New ofNew District Southern for an encrypted data folder on his laptop laptop onhis folder data encrypted an for password the provide to subpoena ment Diaz, Kethledge, Wood With Judge of the ofthe Kethledge Raymond Judge With Representing the respondent, Theresa of the 41st ofthe argument final he Court Competition put four of NYU ofNYU four put Competition Court annual Orison S. Marden Moot Marden S. Orison annual - - Orol ------Award), Barkai and Williford (Brief Writ which Awards, ’76 Advocacy Podell Albert Court Advocacy Award). Barkai also won won also Barkai Award). Advocacy Court can’t ask for it, and we’ll consider that as as that consider we’ll and it, for ask can’t contain the incriminating evidence the conclu a“foregone was it that determine to government the by required of certainty amount the about her questioned quently subse judges The laptop. onthe encrypted Best Oralist, to thunderous applause. Diaz Diaz applause. thunderous to Oralist, Best the including awards, year-end Board’s government sought. government a “one for one” record in terms ofreliabil terms in a “one record one” for several ways in which the witness’s infor witness’s the which in ways several rely was government the that suggested did folder data encrypted the sion” that nomer: “If it’s done well, it really should should really it it’s well, done “If nomer: went to Julie Simeone ’14 (Oral Advocacy Advocacy ’14 (Oral Simeone Julie to went the Marden Brief Writing Award. Writing Brief Marden the then reflected that “argument” is a mis is a that “argument” reflected then here today.”here part of your constitutional rights.’” constitutional ofyour part be a conversation, which is what we had had we what is which aconversation, be Samuel Rascoff announced the Moot Court Court the Moot announced Rascoff Samuel ing Award), and Daniel Eisenberg ’14 (Moot Eisenberg Daniel and Award), ing prompt accurate, be to proved had mation enumerated it’s one.” notfor one swiftly She Your Honor, “Respectfully, replied, Orol ity, with witness onasingle entirely almost ing The judges returned and named Orol as as Orol named and returned judges The While the judges deliberated, Professor Professor deliberated, judges the While In an exchange with Kethledge, who who Kethledge, with exchange an In concluded that quash that concluded a Fifth Amendment right right Amendment a Fifth subpoena would create retract the one for one,” for one the retract to general laughter. Orol Orol laughter. general to thing he wants to hide hide to hewants thing any has who anyone tell to be “It would privacy: to key. We can’t get it, we we it, Wekey. get can’t ing Kethledge to say, to “I Kethledge ing it under digital lock and and lock digital under it ‘Put investigation, ment govern apotential from ing the government’s the ing ------“I gained agreater appreciation for how “Everybody knows whattheSupreme “It’s notjustfor law students.It’s also New York New Live from A capacity crowd filled Tishman Audi- Cedarbaum oftheUSDistrictCourt for Court does,and everybody knows what with theassembled studentsindiscus- dency to holdoral arguments outside day, isbehindthecourt’s growing ten- question offederal liability protection conference tabletheirbenchwere Judge eral appellate oral arguments. Makinga diate appellate courtis notsomething ceedings before aforeign tribunal,the able to discuss thespecificmeritsof against theexecutor ofanestate. allegations offraud andconversion ticketa lift inaskiinginjurycase,and styles oflegal argumentation,” said sion ofbroader judicialmatters. variety oflegal issues: discovery of students. Althoughthejudges were not gal issue andpushingthemto test the goes oninatrialcourt.Butaninterme- US-based documentsinforeign pro- Dolly Krishnaswamy theevent. ’15after Barrington ParkerBarrington Katz- andJudge Robert mann, both of the US Court of Appeals mann, bothoftheUSCourt ofAppeals for theSecond Circuit, andJudge Miriam nis Jacobs ’73,whilenotpresent that missibility of the legal boilerplate on for employees ofahealthcare facility People canseewhat itiswe do.” for lawyers, for thepress, thepublic. usually seeninsideacourtroom: fed- the argued cases,they freely engaged they took questionsfrom NYULaw torium inMarch to observe something the SouthernDistrictofNew York. that isfamiliar to mostpeople,” hesaid. ing theattorneys ofthele- to theheart judges can operate as guides, by direct its homeonManhattan’s Foley Square. in amedicalmalpractice suit,thead- be ableto hearthedifferent attorneys’ limits oftherelevant lineofreasoning.” “I found itextremely eye-opening to The four casesconcerned awide After thejudges deliberated briefly, Second Circuit Chief Judge Den - -

91 PROCEEDINGS 92 WWW.LAW.NYU.EDU An American Story American An T Ideology Reverse T Warren Professor of American Legal His Legal of American Professor Warren Jefferson and Hemings is that they dis they that is and Hemings Jefferson conservatives on the Obamacare decision.” decision.” Obamacare onthe conservatives with way wrong ablasphemous in out come Con the interpreting to method correct - spon event an at legislation care-reform health- of the constitutionality the debated Lau Epstein, Richard and Thomas, of St. said who people ofslave word the counted Destroy.” “I believe...that there is a single asingle is there believe...that “I Destroy.” approached the question was problem was question the approached atic. “The way biographers wrote about about wrote biographers way “The atic. she thought the way most historians historians most way the thought she social context. And if the Supreme Court Court Supreme the if And context. social original the follow to is that and stitution, Society. Federalist the by sored nary English-language interpreters at the the at interpreters English-language nary rence A. Tisch Professor of Law at NYU, NYU, at Law of Professor Tisch A. rence University the at professor and chair versity time they were adopted in that political and and political that in adopted were they time ordi by understood been have would they uni distinguished Paulsen, Michael tions. because School, Law Harvard at tory has said something contrary to that, the the that, to contrary something said has to Power “The talk, titled provocatively his public meaning of the words and phrases as as phrases and words of the meaning public Supreme Court is wrong.” But, he added, “I “I added, he But, wrong.” is Court Supreme fessors’ worst nightmare,” said Paulsen in in Paulsen said nightmare,” worst fessors’ “I am most liberal constitutional law pro law constitutional liberal most am “I wo prominent conservatives. conservatives. prominent wo Two foes of the Affordable Care Act. Act. Care Affordable Two ofthe foes But ultimately, two opposing posi opposing two ultimately, But Annette Gordon-Reed, Charles Charles Gordon-Reed, Annette homas jefferson’s relationship relationship jefferson’s homas an attractive research topic for topic research attractive an with his slave Sally Hemings was was Hemings Sally slave his with ------

“I think Obamacare is a is Obamacare “I think The Constitution, Paulsen Paulsen Constitution, The Court claimed that Con that claimed Court of the Affordable Care Act and disagreed disagreed and Act Care Affordable of the Reed spoke about how the law shapes shapes law the how about spoke Reed Paulsen disagreed. it’s unconsti I don’t think gress lacked that taxing taxing that lacked gress anything tax can gress and Hemings. study confirmed her argument. “It is notis “It argument. her confirmed study senters on the Supreme Supreme on the senters but mess, rotten stinking, legislative the gave said, very often that historians make claims claims make historians that often very of father the being Jefferson about rect not constitute a tax. But But atax. constitute not within Congress’s largely largely Congress’s within unfettered taxing power. power. taxing unfettered the case of the family history of Jefferson ofJefferson history family ofthe case the tended that the Hemings family was cor was family Hemings the that tended that none of the four dis four ofthe none that grubby its get can it that Con tax.... to power the has Congress tutional.... Act’s Care Affordable the historical understanding, particularly in in particularly understanding, historical provided the swing vote, which deemed deemed which vote, swing the provided 1998 in published power but rather that the the that rather but power branch that authority: authority: that branch Sally Hemings’s children. Later, aDNA Later, children. Hemings’s Sally individual mandateindividual who Roberts, John Justice Chief from ion individual mandate did did mandate individual out on.” He pointed mitts Epstein has long been a fierce opponent opponent a fierce been long has Epstein opin Court’s the with agreed Paulsen In Thomas Jefferson & Sally Hemings Sally & Jefferson Thomas American Controversy Controversy American can Family can Monticello: An Ameri An Monticello: son & Sally Hemings: An An Hemings: & Sally son ety last November. The The November. last ety Race in American Soci American in Race on Lecture Bell Derrick and and of author Jef of the words the at same time, they looked looked they time, same upper-class, slavehold upper-class, they were sacrosanct.” were they took liaison this that part of the 17 ofthe part “At she said. place,” the ing people—as though though people—as ing ferson family—white, , Gordon-Reed con , Gordon-Reed Her comments were were comments Her The Hemingses of Hemingses The - - - - Thomas Jeffer Thomas Epstein Paulsen , Gordon- th annual annual th ------, The point is this is not a tax on any of the the of any on tax is not a this is point The Elusive Quest for Racial Justice Racial for Quest Elusive Family American An Monticello: of Hemingses Gordon-Reed said. “It was a bigger issue to to issue a bigger “It was said. Gordon-Reed es would keep their families intact, even even intact, families their keep would es family— Hemings’s ofSally story the ents And We Are Not Saved: The The We Saved: Not Are And of Bell’s book dren together. I was interested in proving proving in interested Iwas together. dren a story history overlooks, Gordon-Reed overlooks, Gordon-Reed history a story them,” answer to comes science then and a random form oftyranny.” form a random did taxation through debt federal address strate how families such as the Hemings- the as such families how strate Jefferson ofthe story the Whereas said. she protection lack of legal ofthe because said, strongly with Paulsen about Congress’s Congress’s about Paulsen with strongly realm of work normally expected of law oflaw expected normally ofwork realm review a was publication very first rian. Her without the protection oflaw. protection the without ute to the late Derrick Bell as an important as an important Bell Derrick late the to ute is,” family think we of what understanding that Bell’s writing traversed beyond the the beyond traversed writing that Bell’s her book, Gordon-Reed wanted to demon to wanted Gordon-Reed book, her writ the infected supremacy white how history of Jefferson and Hemings. and Hemings. ofJefferson history permissible objects of taxation. It is simply simply It is of taxation. objects permissible to power its that arguing tax, to power was she said Gordon-Reed professors, families there is no such document trail. In In trail. document no such is there families slave for licenses, marriage as such ments docu legal through trace to easy is family our construct helps “Law families. slave for ofhistory.” ing chil had Tom Sally and whether than me inspired to pursue her own interest in the the in interest own her pursue to inspired histo aslegal a career influence in her In her lecture, Gordon-Reed paid trib paid Gordon-Reed lecture, her In She followed up that book with book that up followed She , published in 2008 in published “But what you can do is is do can you what “But You know what, Medi what, You know care is now unconstitu now is care care legislation’s con legislation’s care health- the characterized of one state helping to pay pay to helping state of one you don’t have to yield to to don’t yield you to have go back and announce, announce, and back go as unprecedented: “In stitutional rationale rationale stitutional never been a tax on any on any a tax been never not extend to the matter matter the to extend not new extensions.” new United States, there has has there States, United the entire history of the the of history entire the tional. Every 88-year-old 88-year-old Every tional. states. ofother debts the person has to go and fend fend and go to has person form of inactivity ever.... ever.... inactivity of form for himself,” said Epstein. Epstein. said himself,” for “It’s very difficult to difficult “It’s very Epstein vigorously vigorously Epstein

, which pres , which

. Seeing Seeing

The The ------American Law Accidents: A Legal and Economic Analy Economic and ALegal Accidents: - Abra Kenneth professors law plus Appeals, and Mukasey; Michael General Attorney F Professor, but Guido Always At Times Judge, and Dean, The Vicar of Christ of Vicar The novel 1979 Survey sis View of the Cathedral,” published in 1972. in published Cathedral,” ofthe View Calabresi remarked, “Should I be named, I I named, Ibe “Should remarked, Calabresi Circuit and former dean and now Sterling Sterling now and dean former and Circuit of NYU, spoke with humor and warmth of warmth and humor with spoke of NYU, compared with that of the fictional hero hero fictional the of that with compared ajudge’s to in role central as of humility student. 1L lowliest the by even con significant most ofthe one considered Second the for ofAppeals Court US of the (many of his students went on to great great onto went students ofhis (many Reed Amar of Yale, Vincenzo Varano of the ofthe Varano Vincenzo Yale, of Amar Reed One Inalienability: and Rules, Liability place take to about was XVI Benedict Pope con late the in protagonist Walsh, Declan spoke Calabresi ’13, Kelly Theodore Editor He is School. Law Yale at Emeritus Professor judge senior Calabresi, Guido Honorable also on the Second Circuit, and Judith Kaye, Kaye, Judith and Circuit, Second onthe also legal feminist including accomplishment, the in Guido—as also is there letters, and speakers including Judge Robert Katzmann, Katzmann, Robert Judge including speakers US former MacKinnon; Catharine scholar First.”) the Ricky as known be shall F. Walter Murphy’s scholar stitutional be only could biography si’s remarkable ruary 26 to dedicate the 70th volume of volume 70th the dedicate to 26 ruary University of Florence, and Kenji Yoshino Yoshino Kenji and ofFlorence, University the still frequently cited “Property Rules, Rules, “Property cited frequently still the to asuccessor select to conclave the that evolution. law’s the the economics, and law of field the to tributors ham of the University of Virginia, Akhil Akhil of Virginia, University of the ham Distinguished humanity. honor Calabresi’s plementing a scholarly side. Among his four four his Among side. a scholarly plementing books is the 1970 masterwork 1970 masterwork the is books United ofthe Justice Chief not only become Guido, just called be to asked always he but Samuel Alito, and Clarence Thomas), com Thomas), Clarence and Alito, Samuel Sotomayor, Sonia Justices Court Supreme (Noting pope. American an also but States in Vatican City, the famously quick-witted quick-witted famously the City, Vatican in former chief judge of the New York Court of of York New Court of the judge chief former . And among more than 100 articles is is articles 100 than more among . And Calabresi was an inspiring professor professor inspiring an was Calabresi But the evening’s agenda was mainly to to mainly was agenda evening’s the But Calabre that said Revesz Richard Dean So Guido it was to all gathered onFeb gathered all to was it Guido So New York University Annual Survey of of Survey Annual YorkNew University Tiger. Among the community in law law in community the Among Tiger. ew are so large in life life in large so are ew known by a single name. Elvis. Hillary. Hillary. Elvis. name. asingle by known dedication and gift, presented by by presented gift, and dedication Annual Annual the accepting . In , who would would , who The Costs of Costs The as to be to as ------“the Guidolisque.” “the Varano said myself,” including ofus, “All “there was a barn full of bobbling heads.” ofbobbling full abarn was “there 97. They share a fondness for classic litera classic for fondness a 97.share They Guido Calabresi Professorship of Law, but but ofLaw, Professorship Calabresi Guido the of chairholder first the and Calabresi’s day party at the Calabresi farm in Con in farm Calabresi the at party day pose the dubbed Students Ingres. by cubine lec his continue and side, his on down said, he Calabresi, too. students, from edge lessons great learned “have friend, of his say, ‘Oh, isn’t they Circuit, Second on the every person here.” person every Finzi-Contini, scholar of European litera of European scholar Finzi-Contini, took professor Yale then the when Italy Katzmann, said amark, It’s legendary so mensch.” plain “Just him. told Kaye Robes: “[O]ne of Guido’s favorite class “[O]neRobes: Guido’s of favorite Italian noble.” Italian guests, “The thing about my dad is that that is dad my about thing “The guests, greatly amused former boss, “I served an an served “I boss, former amused greatly an unusual lecture pose, was reported reported was pose, lecture unusual an knowl gain may teachers that accepting word “The Italian. anything nearly and art, ofliterature, alover and ahelper, a teacher, an 1814 painting of a reclining French con French ofareclining painting 1814 an NYU Law, met Calabresi 40 years ago in in ago years 40 Calabresi met Law, NYU The Canterbury Tales Canterbury The Chaucer’s in stories involving example, Aclassic forget. soon necticut. Calabresi’s son, Massimo, told told Massimo, son, Calabresi’s necticut. lie desk, his onto up leap to is stunts room that Guido’s court?’” Guido’s court?’” that travels to Italy in service to the Marquis of of Marquis the to service in Italy to travels who Oxford from commoner fictive the to related hesometimes said Yoshino ture.) Maria Bianca was mother (Calabresi’s ture. ofUne Odalisque approximation in ture” not will students “Guidoisms” tioning Isit that abroad people Itell “when that teacher.” as judge the judge, as “teacher the mensch,” is spirit your captures best that he likes helping people. I bet he’s I bet people. helped helping he likes Florence. of University the at sabbatical his he also clerked for Judge Calabresi in 1996- in Calabresi Judge for clerked also he Saluzzo—per “The Clerk’s Tale,” among the the Clerk’samong “The Tale,” Saluzzo—per is “always young in his perceptions.” his in young “always is him.” from Circuit: Second on the mark Calabresi’s in in the judiciary blog Underneath Their Their Underneath blog judiciary the in At that moment, Amar recollected, recollected, Amar moment, that At men in nods knowing drew Abraham After all, said Yoshino, gesturing to his his to gesturing Yoshino, said all, After Yoshino was not only a law student of of student alaw notonly was Yoshino Varano noted Calabresi’s humility in in humility Calabresi’s noted Varano at professor visiting aglobal Varano, Katzmann noted a professional duality duality aprofessional noted Katzmann Nine years ago, Amar attended a birth attended Amar ago, years Nine

Thomas Adcock Thomas

. ------,

Varano Amar Calabresi Kaye Revesz Yoshino Abraham Katzmann Kelly 93 PROCEEDINGS 94 WWW.LAW.NYU.EDU Taiwan inthe1980sandaddedthatheis The activist said he was spending his Change in China forA Call American citizens andbusinesses to Guangcheng, activistandformer NYU China’s evolution, Chenanswered China andfor the US government and China. In New York he has continued dren intheBigApple,Chen saidhe who was sentenced to three years in concerned thatifcitizens are notableto current politicalclimate inChinawith officials who raided hishome while achieve justice inthecourts,they might among Chinesecitizens, andthetime various organizations. a dramaticafter escape from home authorities are willingto change, this first seven timeafter difficult years. vocated for hisnephew ChenKegui, speech atthe18thHauserAnnualDin- shifts in China byshifts studying key texts: said Chen,whoisblindandfought on searching for ChenGuangcheng. suchefforts.Hehasalsoad- support Political consciousness isgrowing Law author-in-residence. Inakeynote resort to othermeansto rightwrongs. ner lastFebruary, Chencompared the forced sterilization inhishomecoun- prison for assaulting the USConstitution. the Declaration ofIndependence and that he is preparing for the future try. “Whetheror not the [Chinese] time working onhismemoir, study to callfor humanrightsreform in ing Englishandlaw, andmeetingwith is ripefor change, according to Chen imprisonment in Shandong province, is thecourse ofhistory.” behalf ofthedisabledandvictims has finallybeenable to rest for the “Change inChinaisinevitable,” Asked whatrole hemightplay in Chen arrived atNYUinMay 2012 Living with his wife and two chil - -

Greece Euro Crisis the and F Joseph Weiler, director of the Jean Mon Jean of the director Weiler, Joseph Greece. He spoke of hiding his father, also a a also father, his hiding of He spoke Greece. Eco Regional and International for Center d’état that temporarily ended democracy in in democracy ended temporarily d’état that on “The State of the (European) Union,” the (European) of State on “The - grand his watching up grew Papandreou an event sponsored by the Jean Monnet Monnet Jean the by sponsored event an national upheaval that led to Papandreou’s Papandreou’s to led that upheaval national and crisis Eurozone the about Center, net Professor University with spoke national, Papandreou, April. in & Justice Law nomic who serves as president of Socialist Inter ofSocialist president as serves who ties on the roof of their family home as one one as home family oftheir roof onthe ties authori the from minister, prime two-term presidency. pivotal turbulent, the winding path through revolution and and revolution through path winding the being imprisoned in the 1967 military coup coup military 1967 the in imprisoned being The government, hesaid,mustprioritize environmental concerns father serve twice as prime minister before before minister prime as twice serve father A HappyA Warrior co-director, calledhim“a happy warrior.” of theCenter for Legal Assistance to Pollution Victims, apublicinterest legal organization in when they conflict witheconomic development; performance evalu- works to raise awareness ofenvironmental issues, andtrains lawyers and ations oflocalofficialsshouldbetied to environmental protection; and and water pollution.Somescholars, for instance, believe 20 15to and Law. Through hiscenter, Wang fileslawsuits onbehalfofpollutionvictims, economic growth, saidWang Canfa, oneofChina’s top environmental lawyers. The founder sity andisnow aseniorprofessor atChinaUniversity ofPolitical Science punishments for violators mustbemore severe. metals, according to Wang. percent ofthecountry’s arable landiscontaminated withheavy praised Wang’s work. Jerome Cohen, NYULaw professor andinstitute ronmental advocates butalsogovernment officialsandjudges inChinahave Beijing, spoke atNYULaw’s US-Asia Law Institute. in thelast40 judges onhandlingcases. lacking, saidWang. Asaresult, Chinasuffers from seriousair, soil, Papandreou, Weiler The scion of a Greek political dynasty, dynasty, political Greek ofa scion The The institute’s executive director, Ira Belkin’82,noted thatnotonlyenvi- Wang proposed anumberofways to address China’s issues: Wang first began teaching environmental law in1983 atXiamenUniver- Even thoughChinahaspassed amultitudeofenvironmental laws ormer prime minister of Greece George Papandreou delivered the the delivered Papandreou George ninth annual Emile Noël Lecture Lecture Noël Emile annual ninth years, resources for enforcement andcompliance are China isfacing “unprecedented environmental problems” more after than30years ofrapid - - - -

2009, explaining, “I wanted to show the EU EU the show to “I wanted explaining, 2009, on popular sentiment toward both reform reform both toward sentiment on popular described the “profound negative effect” of role the on focusing institutions, EU of childhood his of moments defining of the Papandreou, to appreciative laughter. appreciative to Papandreou, as the “European project”—and admitted admitted project”—and “European the as to referred he unity—which European and “I exile. in spent years his discussed and stated Greece’s deficit values. He publicly publicly He values. deficit Greece’s stated restated them when he assumed office in office assumed he when them restated that Greece was ready to change.” change.” to ready was Greece that had Greece of media’s portrayal the that astabiliz as Bank Central European the heads of state, especially German Chancel German especially ofstate, heads EU other with relationships working his said politics,” into go not to decided had lor Angela Merkel, were sometimes strained. strained. sometimes were Merkel, Angela lor ing how deeply his predecessors had mis had predecessors his deeply how ing He crisis. banking ongoing the in force ing

But he also shared his shock at learn at shock his shared also he But reform ongoing discussed Papandreou

- - - - Greece Euro Crisis the and Association onthereform oftheKenyan judiciaryinApril. & Young, questioned the continued via continued the questioned & Young, T Tax? Untenable An Judging Judges days, butthey alsohadto dotheirwork swiftly. of stability, saidSachs,whohoped thepresident would respect thelimitsplaced onhimby Court butultimately accepted the court’s decisionagainst him.That was apromising sign gave alecture sponsored by theCenter for Constitutional Transitions andtheAfrican Law Transfer Pricing?” Transfer Canadian tax law firm allied with Ernst Ernst with allied firm law tax Canadian election, whichwas soclosethattherunner-up contested theresults to Kenya’s Supreme a thingofthepast,” hesaid,noting thatKenya may serve asamodelfor any othercountries on International Taxation, “The End of “The Taxation, on International consequences for the taxpayer and tax and taxpayer the for consequences enterprise (MNE), for instance, might might instance, (MNE), for enterprise sinations, thethievery, thenepotism, thetribalismentering into everything—might become annual David R. Tillinghast Lecture Lecture Tillinghast R. David annual that mightbeenvisaging similar processes. the new constitution, promulgated in2010. “Then someoftheworst features—the assas- Kenya’s Judges andMagistrates Vetting Board in2012, charged withseekingoutcorruption. have a manufacturing subsidiary in one in subsidiary amanufacturing have partner at Couzin Taylor, an international international Taylor, an Couzin at partner bility of the prevailing model in the 17th 17th the in model prevailing of the bility ing jurisdictions. Robert Couzin, founding founding Couzin, Robert jurisdictions. ing with Tillinghast andCouzin H. David Rosenbloom, Director of the International Tax Program, A DistinguishedGlobalFellow atNYULaw, Sachshadbeenappointed amember of In thecontext ofKenya’s reform efforts,Sachsalsodiscussed theMarch 2013 presidential In transfer pricing, a multinational a multinational pricing, transfer In ransfer pricin ransfer ties and often bears significant tax tax significant bears often and ties par related between transactions g i s the valuing of valuing s the The perceived malfeasance ofKenya’s judges deeplydisillu- could work with,” saidSachs.“I’d beensittingonthebenchfor Court ofAppeal(who, alongwiththree ofhiscolleagues on experience andIfound itemotionallyquite difficult,intellectu- ally very challenging,andgruelinginmany ways.” They notonly a longtime,butI’d never beenjudgingjudges. It’s awholenew sioned thepopulace, Sachssaid:“You know thatpoliticianscan made itsway down from there. “There was noprecedent we rules allthetime,butyou expect thejudges to holdout.” that court,was deemedunfit to continue inhisposition)and interviewed judges for hours onend,andsometimesfor several be crooked, you know thatpeople runfor office andbendthe The board began itsvetting withtheseniorjudge ofthe Albie Sachs,aformer judge ontheConstitutional Court ofSouthAfrica whowas active inthe anti- apartheid movementapartheid before ascending to thebench,

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diction based on factors such as sales or sales as such factors on based diction two between transaction open-market MNE’s ofthe allocation the determines - manu the which at price The another. are determined through a hypothetical ahypothetical through determined are sold products to the retail subsidiary subsidiary retail the to products sold nor practically tenable. He suggested He suggested tenable. nor practically wages, is a “true alternative” to the arm’s the to alternative” a“true is wages, juris each to attributed are profits wherein unrelated parties, is neither theoretically theoretically neither is parties, unrelated length principle,” in which transfer prices prices transfer which in principle,” length length paradigm length jurisdiction and a retail subsidiary in in subsidiary aretail and jurisdiction instead that “formulary apportionment,” apportionment,” “formulary that instead have to deemed is subsidiary facturing digm for determining determining for digm diction bears a lower tax tax a lower bears diction the among profits overall able to reduce its over its reduce to able all tax burden by shifting shifting by burden tax all rate jurisdiction. rate be might MNE an rate, the established para established the transfer prices, the “arm’s the prices, transfer received revenue tax the by each jurisdiction. And And jurisdiction. each by jurisdictions, and thus thus and jurisdictions, more profits to the lower- to profits more juris one where cases in .

Couzin argued that that argued Couzin

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“carefully nurtured”—noting that Transitions, Guhaargued that India’s Woods: Ecological ChangeandPeasant Hindustan? Hinders What of moderndemocracies,” Guhasaid cussed thepastandpotential ofIndia challenges facing Indiatoday: con- our experiment withlinguisticplural- only Global Law SchoolProgram. “It’s an Gandhi: The History oftheWorld’s Larg- Centre andanadjunctprofessor at Guha alsoemphasized thatIndiais greatest contribution to thepractice est Democracy (2007) andThe Unquiet winning books includeIndiaAfter Resistance intheHimalaya (1989),dis- eyes ofhistorian Ramachandra Guha, at theevent sponsored by theHauser as ademocracy andglobalpower at anytime soon.Heidentifiedseveral abuse ofIndia’s natural environment. and religious identity; enduring Malone, then-president ofthe still arelatively young experiment underappreciated achievement.” Is Indiadestinedto beasuperpower? International Development Research [India’s] experiment withreligious pluralism isavery qualifiedsuccess— Law lastyear. Guha,whoseaward- Distinguished GlobalFellow atNYU Not intheforeseeable future, inthe NYU Law, Guhafocused onthehis- two Law Schoolevents lastOctober. pluralism—all ofwhichneedto be tinuing conflicts over linguistic,caste, the country declared independence internal fault lineswillprevent it in my view it’s Indiandemocracy’s ism isasubstantialsuccess, and it’s successful, partly failure— partly in democracy, nationalunity, and inequality inIndiansociety; andthe from becoming aglobalpower from Britain. by theCenter for Constitutional In hissecond lecture, sponsored In aconversation withDavid 65 years have passed since “Whereas development. challenges of constitutional a democracy, successes and the country’s tracing the tory ofIndiaas

95 PROCEEDINGS 96 WWW.LAW.NYU.EDU Fine Ones to Talk York City Environmental Justice Alliance; 2012 debate others and hot-button issues at thethird annual journalists,Ambassadors, Hall of Fame linebackers, with Chen Guangcheng ography, State University ofNew York at Ask the GC: Corporate Counsel Offer Offer Counsel Corporate GC: the Ask Samuel Estreicher (moderator) Stecher, CEO, GoldmanSachsBankUSA; Guangcheng, DistinguishedAuthor-in- COO, Metropolitan Waterfront Alliance; Conservation andExternal Affairs Officer, Stony Brook; Gruskin, New Stuart York Chief Malcolm Bowman, DistinguishedService Ira Belkin’82,Executive Director; Chen Climate-Proofing New YorkClimate-Proofing Deirdre Stanley, GC,Thomson Reuters; Esta Randal Milch’85,EVPandGC,Verizon; Richard Cotton, EVPandGC,NBCUniversal; Paul Cappuccio, EVPandGC,Time Warner; Eddie Bautista,Executive Director, New Law Institute Faculty Director, alloftheUS-Asia Residence; Jerome Cohen (moderator), Katrina Wyman (moderator) Nature Conservancy; Cortney Worrall, Professor andProfessor ofPhysical Ocean- a View from the Top the from a View Rule of Law in China: A Conversation AConversation China: in Law of Rule “Wal-Mart had, onpaper, thisincredibly with Jennifer Arlen’86,NormaZ. McCloy; Kevin Davis (moderator) elaborate culture ofcompliance. On sinkable.” —David Barstow, Investiga- Partner, Milbank,Tweed, Hadley & Paige Professor ofLaw; MichaelNolan, paper itlooked like theTitanic. Itlooks tive Reporter, The New York Times Living La Vida Corrupción: Wal-Mart, Wal-Mart, Corrupción: Vida La Living Mexico, and Corporate Bribery Corporate and Mexico, like it’s unsinkable, andyet it’s very – 13 Milbank Tweed Forum series. Cohen, Guangcheng, Belkin Taxation; ( JoshuaBlankLLM’07 Judy Rabinovitz ’85,Deputy Director, ACLU; of Law; Peggy Cooper Davis, JohnS.R.Shad Sujit Choudhry(moderator) Senior Fellow, Council onForeign Relations; Christopher Hill,Former USAmbassador to Communications Director, Detention Watch Coalition ofNew York City; Silky Shah, Sarah Burns(moderator) The Mass Incarceration of Immigrants Iraq; CharlesKupchan, Whitney Shepardson Challenges for the New Administration Cliffs Forever? Tax Reform and the the and Tax Reform Forever? Cliffs University SchoolofLaw; Dorothy A.Brown, Network; AlinaDas ’05(moderator) Ravi Ragbir, Organizer, New Sanctuary Professor ofLawyering andEthics; Professor ofLaw, EmoryUniversity School Leonard Baynes, Professor ofLaw, St.John’s Daniel Shaviro, Wayne Perry Professor of David Kamin’09,Assistant Professor ofLaw; Rutgers University ofEconomics; Department Rosanne Altshuler, Professor andChair, Why Top Law Schools Still Aren’t Hiring Hiring Aren’t Still Top Schools Why Law Diplomacy in the Twenty-First Century: Century: Twenty-First the in Diplomacy Enough Faculty of Color Future of Fiscal Policy Fiscal of Future Mandatory Detention: “The reality is,Iknew Icouldmy hurt ’70 (moderator) with JodiBalsam’86,Former Counsel agement atNYU;Kenneth Feinberg of pain,butnobodytold meofthe Concussions, Litigation, shoulder, Iknew Icouldmy knee, hurt Hospitality, Tourism, Man- andSports Preston Robert Tisch Center for Robert Boland,Academic Chair, Partner, Seeger Weiss; Miller Arthur Feinberg Rozen; David Buchanan, and the Future of Football of Future the and for Operations andLitigation, NFL; neurological ramifications ofplaying I knew thatImighthave alifetime the game.” —HarryCarson, NFLHallof Fame Linebacker, New York Giants , Founder andManagingPartner, moderator)

Todoroff ’14; Troy McKenzie00 (moderator) ’ Tomasini-Joshi (moderator) ACLU Women’s RightsProject; Denise Ariela Migdal ’01 Angela Hooton, State Policy andAdvocacy Jayla Randleman’13;ArinSmith14Joel Jess Bravin, Supreme Court Correspondent, Wall Street Journal;Adam Liptak,Supreme (See story onpage 20.) dent Leadership Initiatives, NYU,andFormer A Critical Look at Where We Stand Where at Look A Critical A New Framework for Success: Success: for Framework A New Samuel Estreicher (moderator) Court Correspondent, The New York Times ; The View from the Press Corps Press the from View The ,Vice Provost for GlobalStu- Covering the Supreme Court: Court: Supreme the Covering Podesta Group; Richard Revesz (moderator) Business Law; SallyKatzen, SeniorAdviser, Kevin Davis, BellerFamily Professor of Presiding Partner, Cravath, Swaine &Moore; Domestic Policy Adviser; Evan Chesler’75, Director, Center for Reproductive Rights; Dina Bakst, Co-President, ABetter Balance; What We’re Doing and What You Do Can What and Doing We’re What US Reproductive Rights in 2013 in Rights Reproductive US Fine-Tuning Your Academic Approach Making the Most of Law School: School: Law of Most the Making “Is thesystem rigged toward theone “In agovernment paralyzed by partisan to 20032001 to Editor and Publisher, The Nation of Practice, Harvard Law School; Attorney General for Legal Policy from with NancyGertner, Professor devolved into ahard reality ofunequal effect ofpredictability,effect transparency, gridlock, theSupreme Court has system thanthealternative, whichis Barry Friedman (moderator) a feudal system ofcapitalallocation and consistency. That isafundamen- and thepromise ofequaljustice has year by theconservative effort move- power.” —Viet Dinh,USAssistant results, anduncontrolled andarbitrary Supreme Court Preview percent? The answer isno. The Court ment to capture thecourts,hard-won tally more democratic, equal,andjust Is this a1 this Is to benefitclearer rulesthathave the tries to create asystem oflaws inorder legal principleshave now beeneroded, based uponopaquerules,uncertain justice.” —Katrina vanden Heuvel, become thedecider. After adogged 40 % Court?: The 2012 The % Court?: , SeniorStaffAttorney, : – 13

- N West Wisdom Wing Obama’s presidential cam Obama’s presidential Obama’s personal attorney attorney Obama’s personal of party committees, corpo committees, of party career as a political lawyer. apolitical as career House counsel’s office has become over become has office counsel’s House Obama’s first Barack during counsel House Bauer, White Robert interview to Law, ofConstitutional Professor Reiss Richard grown and overly influential as it provides provides it as influential overly and grown ality of signing statements to the thorniest thorniest the to statements ofsigning ality of questions from on everything advice complex increasingly an In others. among to counsel general as and his about School, Law the at National Committee, and and Committee, National residence and senior lecturer lecturer senior and residence regulatory landscape, he said, “Our role role “Our said, he landscape, regulatory associations, trade rations, unions, and tax-exempt advocacy groups, groups, advocacy tax-exempt and unions, term and a 2012-13 distinguished scholar in in scholar distinguished a2012-13 and term tunities for conducting political activity.” activity.” political conducting for tunities his clients include an array array an include clients his - constitution the and authority presidential Democratic the and paigns is to counsel on the legal risks and oppor and risks legal onthe counsel to is of California, Berkeley SchoolofLaw and Innovation, andIntellectual Property,” faculty co-director ofitsLaw andEconom- Friedrich A.von Hayek Lecture, “Freedom, Professor Robert Cooter oftheUniversity last October. The event was presented by theNYUJournalofLaw &Liberty. ics Program delivered theeighthannual Regarding suggestions that the White White the that suggestions Regarding as served also has Bauer yu law’s student chapte law’s student yu of t Samuel Issacharoff, Bonnie and Bonnie Issacharoff, Samuel enlisted Policy and Law for Society he American Constitution Constitution American he - - r - -

You can see lawyers going through 20, 30, 30, 20, through going lawyers see You can dent of the United States, given the author the given States, United ofthe dent of what the best arguments are and what what and are arguments best the of what on a com of a memorandum drafts 40 even House counsel is to make sure that when when that sure make to is counsel House not just this pluralistic jumble. Somebody Somebody jumble. pluralistic this not just national security matters, Bauer said, “It’s said, Bauer matters, security national really give the president a very clear view view clear avery president the give really the conversation gets to the president, it’s president, the to gets conversation the not would exercise, to expected is he that have access to legal advice in his capac his in advice legal to access have his choices genuinely are.” are.” genuinely choices his and ofthat all through cut to able been has plicated issue and still not feeling they have have they feeling not still and issue plicated both within and outside the counsel’s counsel’s the outside and within both just impossible to imagine that the presi the that imagine to impossible just ity as president.” A range of perspectives perspectives of Arange president.” as ity responsibility the and hepossesses that ity it quite right,” he said. “The task of the White White the of task “The he said. right,” quite it War PrescriptionDrugs? on 26-year-olds. driven largely by themisuseofprescription painkillers. Andinthe Commissioner Raymond Kelly LLM’74 file oftheissue and work withagencies to improve drugmonitoring abuse featuring former President BillClinton, New York City Police and NationalInstitute onDrugAbuseDirector Nora Volkow. stimulants hasincreased 900percent. At theforum, Clinton noted NYU Law hosted aClinton Foundation forum onprescription drug person diesevery 19minutes from adrugoverdose, atragedy missioner, saidprescription drugabusecanfoster violentcrime ping outunderconditions ofwhichtheiraddictionhasnotbeen programs andget universities to joincampusinitiatives. result ofaprescription.” that prescription drugabusehasgrown dramatically among18-to treated ortheirabuseisoutofignorance,” Clinton said. through itsClinton HealthMatters Initiative, hopesto raise thepro- to thinksomehow thatthey’re safer becausewe have themasa but is often underestimated:but isoften “There’s atendency onpeople’s part last 20years, addsthestatement, theconsumption ofprescription “This isinsaneto have thebrightest ofouryoung peopledrop- According to afoundation statement, intheUnited States one Kelly, whoserved underClinton asUSCustoms Service com- Focusing itseffortsoncollege students,theClinton Foundation, “These are really hard issues. issues. hard really are “These office, he said, means that means said, he office, go unchecked. with Guantánamo deten which during his 18-month 18-month his during which tion policy, drones, and the the and drones, policy, tion grappling him saw tenure job, the of difficulty the counsel’s House White the killing of Osama bin Laden. Laden. bin Osama of killing influence certainly does not not does certainly influence Bauer was candid about about candid was Bauer

, NYUPresident JohnSexton, - - - - -

97 PROCEEDINGS 98 WWW.LAW.NYU.EDU 46 state attorneys general alleging that sev that alleging general attorneys state 46 Attorney General Robert Abrams Public Public Abrams Robert General Attorney P People the Serve Right eral major tobacco companies misled the the misled companies tobacco major eral drunk driving deaths in half. lobbying and groups, interest consulting first his during and campaign his in ority apri issue the made Udall said. he deaths, cous second and first has he And decades. F. John Kennedy presidents of cabinets and general state’s attorney the as decades years in office. After creating a task force, force, task a creating After office. in years against the tobacco industry brought by by brought industry tobacco the against lead issue, the about out spoke accident smoking. and when issues safety public two addressed Morris uncle His Johnson. Lyndon and Stewart, father, His representative. a US servant to have delivered the 16th annual annual 16th the delivered have to servant ficult to imagine a more appropriate public public appropriate more a imagine to ficult was a congressman from Arizona for three three for Arizona from acongressman was the in Interior ofthe Secretary the was tion only, he admitted, after a woman who who awoman after admitted, he only, tion he was attorney general: drunk driving driving drunk general: attorney was he legislation that cut the number of yearly ofyearly number the cut that legislation driving adrunk in grandchildren her lost trac gained efforts his however, legislators, Service Lecture last September. last Lecture Service ins currently serving in the Senate. It is dif It is Senate. the in serving currently ins ing to the passage of comprehensive state state ofcomprehensive passage the to ing driving drunk in nation the in first was ico When he took office in 1991, New Mex New in 1991, office took he When In his lecture, Udall focused on how he he onhow focused Udall lecture, his In Udall also played a role in a lawsuit alawsuit in arole played also Udall ublic service ublic to the US Senate from New Mex New from Senate US the to ico in 2008, Tom Udall served two two served Tom 2008, Udall in ico election his Before blood. family is in the Udall Udall the in is ------Albert Schweitzer: “The only ones among among ones only “The Schweitzer: Albert observations on the value and benefits, benefits, and value the on observations products their marketed and cigarettes, don’t go into public service, the scoundrels scoundrels the service, public don’t into go the acknowledging staff, unelected of the you who will be truly happy are those who who those are happy truly be will who you approval rating (nine percent) rested just just rested percent) (nine rating approval are no less than the future of the nation, nation, ofthe future the than noless are smok from suffering residents for costs aid sion. “The people are what you come back back come you what are people “The sion. Udall speech, ofhis outset the At service. Udall billion. $206 ahistoric for settled Mexico alone spent $26 million in Medic in million $26 spent alone Mexico ney general Udall stressed the importance importance the stressed Udall general ney noted that the attorneys general work general attorneys the that noted real issues.” Emphasizing that the stakes stakes the that Emphasizing issues.” real wryly noted the difficulty in encouraging encouraging in difficulty the noted wryly will take over.” take will serve.” to how found and sought have will Udall quoted his father: “If the good people people good the “If father: his quoted Udall to,” he said. “Many of them were hardwork were ofthem “Many to,” said. he funding. political industry tobacco 1997, in New that said Udall children. to the problem than the federal government government federal the than problem the public service at a time when Congress’s Congress’s when a time at service public public, enhanced addictive properties of properties addictive enhanced public, percent). And he quoted the philosopher philosopher the quoted he And percent). below that of the Communist Party (11 Party Communist ofthe that below ofpublic nation, the and oneself to both to beholden not as were they because ing in concert were better able to address address to able better were concert in ing companies tobacco The illness. ing-related ing lawyers who made a big difference on difference a big made who lawyers ing pas and talent their without problems icy pol complex down facing of impossibility While talking about his work as attor as work his about talking While Peppered throughout his lecture were were lecture his throughout Peppered

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“The bureau was created, among other rea other among created, was bureau “The “help prevent borrowers from being caught caught being from borrowers prevent “help Act in 2010, spoke about the bureau’s evo the about spoke 2010, in Act Crisis Prevention meredith fuchs ’93, fuchs meredith Government Lecture at NYU Law in Janu in Law NYU at Lecture Government off guard by surprises, and provide special special provide and surprises, by guard off of cause principal the was of mortgages (CFPB), gave the annual Frank J. Guarini J. Guarini Frank annual (CFPB), the gave Fuchs said. said. Fuchs gage-servicing rules, which are intended to to intended are which rules, gage-servicing affect not only the welfare of individuals, individuals, of welfare the notonly affect bureau the that actions the discussed and people, athousand than more of agency an the when CFPB the joined who Fuchs, ary. sure proceedings, deceptive practices in in practices deceptive proceedings, sure sons, to try to prevent this from ever hap ever from this prevent to try to sons, not only the welfare of specific financial financial ofspecific welfare the not only or unregulated that way hard very very, - sta the but choices, poor make that firms finances. The CFPB was tasked with regu with tasked was CFPB The finances. use of robo-signed affidavits in foreclo in affidavits of robo-signed use the Consumer Financial Protection Bureau Bureau Protection Financial Consumer the trouble making their mortgage payments,” payments,” mortgage their making trouble the and modifications, of loan offering the consumer for market biggest single the market— mortgage ofthe regulation the is far on so taken has CFPB the that task significant most the crisis, financial the has taken to protect consumers in the after the in consumers protect to taken has lating to end the problematic practices of practices problematic the end to lating poorly regulated financial markets can can markets financial regulated poorly the “in 10 of people agroup from lution protections for borrowers who are having having are who borrowers for protections pening again.” bility of the economy itself,” Fuchs said. said. Fuchs itself,” economy ofthe bility to Department” Treasury ofthe basement Dodd-Frank the by established was bureau bureau recently issued its first set of mort of set first its issued recently bureau math of the financial crisis. financial ofthe math for modifications of payment plans. The plans. payment of modifications for requests homeowners’ process to failure the as such providers, service mortgage “This financial crisis reminded us in a us reminded crisis financial “This Because irresponsible underwriting underwriting irresponsible Because



general counsel of counsel general ------

2007 financialcrisis,as well astheurgent need to Association; SuspensionRepresentation Addressed thelegalandpractical issues involved Annual Survey ofAmerican Law Judge, State ofNew York Court ofAppeals Deborah Epstein Henry, EllenOstrow, LaurinBlumenthalKleiman,andSheilaBirnbaum’65. above, includedVivia Chen’83 and to gain commitment to action.” Inadditionto Molino, fourthfrom panelists,pictured left, glass ceiling hasbeenshattered, we shouldcontinue to talkaboutthistopic, to share ideas, that there isnomore to bedone,thatwe are trulyandforever beyond thatpointandthe achievement dueto definingcharacteristics suchas gender or race. Anduntil we’re convinced in thelegal field,Molinosaid,“Noneofusshouldsettle for astate ofaffairs thatlimitspersonal offered potential avenues ofreform, andsoughtto empower women to achieve theirpotential spirit ofthesymposium, whichexamined why gender biasstillexists inlegal private practice, career andherexperience withwomen inhighlevels ofthelegal profession. Encapsulatingthe Keynote speaker JeanMolino’76,general counsel atMcKinsey &Co., reflected onher own Profession and Understanding How It Can Change Change Can It How Understanding and Profession Legal the in Bias Gender of Existence Continued the Exploring Ceiling: Glass the Breaking at trial. amine theschool-to-prison pipeline, segregation adapt and respond to changed rules and circum- and emerging economies inthewake ofthepost- dor ofColombia to the United States gas, and other long-term projects indeveloped on behalfofeducation equality today. cation equity, andlegalpractitioners’- participa education, withafocus onschooldiscipline,edu- Explored the current state of American public Examined the financing of infrastructure, oil and system, focusing on issues that arise in regula stances intheglobalmarketplace. tion atthelaboratory stage, useofDNAincrim- tion ineducation reform, anddrilleddown to ex Criminal Justice in the Age of DNA of Age the in Justice Criminal Keynote speaker: JonathanLippman,Chief Project; Education Law andPolicy Society Keynote speaker: CarlosUrrutia,Ambassa- NYU Law &Business Association inal investigations, andDNAuseasevidence in theuseofDNAtyping inthecriminaljustice in America’s schools,andstrategies for litigating Separate and Unequal: Education, Race, and the Law Law the Project Finance International of Law the in Developments explorations of complex legal issues andthemes. The 2012 In-Depth Analysis In-Depth Black AlliedLaw Students Journal ofLaw &Business; – 13 student symposia feature day-long day-long feature symposia student , Stephanie Scharf, Lauren StillerRikleen,Roberta Liebenberg, - -

Journal ofInternational Law andPolitics; American democracy. 18 dressed historical andcurrent issues affecting dressed Affecting the Law of Democracy Democracy of Law the Affecting Commemorated the100thanniversary ofthe Court ofAppealsfor theSeventh Circuit Years of Direct Elections and Modern Issues cooperation intransnational litigation. Tug of War: The Tension Between Regulation Regulation Between Tension Tug The War: of Focused onhow balance UScourts domestic Legislation andPublic Policy Please seestory onpage88. Review ofLaw &SocialChange regulatory interest andtheneedfor international ratification ofthe17thAmendmentandad- International Law Society; Center for Trans- United Kingdom; DianeWood, Judge, US national Litigation and Commercial Law Former USSolicitor General; RachelMaddow, Partner, Gibson,Dunn&Crutcher, and Boies, Schiller&Flexner; Theodore Olson, Featured: David BoiesLLM’67 Featured: Lord Lawrence Collins ofMapes- and International Cooperation host, bury, Former Justice, Supreme Court ofthe Perry v. Brown Perry of Role Future and Present, Luttan Rubin International Law Symposium Democracy Unfiltered: Discussing 100 Making Constitutional Change: The Past, Law Women th Annual Herbert Rubin and Justice Rose Rose Justice and Rubin Herbert Annual th The Rachel Maddow Show, MSNBC , Chairman, Journal of

Administration; JournalofLegislation and and William Nelson’65. dith Kaye ’62,Oscar Chase,Vincent Alexander, and production? Whatcan private companies do on practice andprocedure CPLR andthemajorinnovations itbrought, tak Clean Energy Partners, “The Future ofClean CPLR asreporter to theadvisorycommittee Court for theEastern DistrictofNew York, can ourgovernments doto facilitate investment who was oneoftheprincipalarchitects ofthe Environmental Law Journal;Environmental Probed thekey legal, financial, andpolicy issues Public Policy Examined boththeprocess thatyielded the second from were left, David Ferstendig ’81, Ju- ments effected by theCPLR;alsolooked ahead to future challenges. Joining Weinstein, above, Green for Green: The Business and Law of of Law and Business The Green: for Green Commemoration of the 50 the of Commemoration from abroad? Energy Finance” Founder andManaging Partner, Hudson Keynote speaker: NeilAuerbach LLM’84 Environmental andLandUseLaw Law Society; Frank J. GuariniCenter on Dwight D. OppermanInstitute ofJudicial Featured: JackWeinstein, Judge, USDistrict in uncertain times?in uncertain Whatlessons can we learn involved in the finance of renewable energy. What ing stock oftheprincipalprocedural arrange- the New York Civil Practice Law and Rules and Law Practice York Civil New the Renewable Finance Energy th Anniversary of of Anniversary th , -

99 PROCEEDINGSproceedings 100 WWW.LAW.NYU.EDU R onSettled Court the Columbia for 21 points and kept NYU in the the in NYU kept and points 21 for Columbia crowd home the sending and Columbia class. Among the members was Brandi Brandi was members the Among class. ’13 LLM Kaempf Joey down, winding clock Rosser for the win. the for Rosser Sherwin of toughness ’13, the Ajayi Peter game throughout the second half. Unself half. second the throughout game and defense of co-captains Ekeruo ’13 and ’13 and Ekeruo of co-captains defense and NYU received an estimated $20,000 from from $20,000 estimated an received NYU says. “An open shot is better than acon than better is “An shot open says. McNeil JD/MSW ’13, preparing for her for ’13, preparing JD/MSW McNeil ran toward me screaming and lifted me lifted and screaming me toward ran win in the annual Deans’ Cup—stunning Cup—stunning Deans’ annual the in win tice that included 7:00 a.m. sessions before before sessions a.m. 7:00 included that tice a made already Ihad if even one, tested this year’s match, the 12th in the series. the in 12th the match, year’s this led the team through two months ofprac months two through team the led possession. “Ryan’s a great shooter,” he a great “Ryan’s possession. Columbia; and NYU at organizations law consecutive fifth Law’s NYU and shot point Salar ’13, and the hard work of Coach Jay of Coach work hard the ’13, and Salar fourth Deans’ Cup game. Cup Deans’ fourth before.” few final onthe play right the made he ishly, interest public fund help game the from Proceeds buzzer. final the at afrenzy into three- the for open Kim co-captain found air.” the into Ekeruo Patrick until real feel didn’t ment NYUture Back to the With the score tied at 67 and the game game the and 67 at tied score the With Rosser, now 6-0 in Deans’ Cup games, games, Cup Deans’ in 6-0 now Rosser, Kim and Kaempf credit the intensity intensity the credit Kaempf and Kim torched scorer, leading the Kaempf, yan kim ’13 couldn’t believe it. believe ’13 couldn’t kim yan release, the on great felt shot “The through the net,” he says, “the mo- mo- “the net,” says, he the through but even after I saw the ball drop drop ball the Isaw after even but

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Adam Karman ’15 says he didn’t expect expect he didn’t ’15 says Karman Adam After being thrust back into the ’ the into back thrust being After Columbia wanted it more.” it wanted Columbia chance to get to know a few NYU students. NYU afew know to get to chance great was it ahead, out came team other cast of loveable, if stereotypical, law school school law stereotypical, if loveable, of cast Deans’ Cup back uptown. back Cup Deans’ the to cup the presented Revesz Richard 7'1"at in Rascoff—listed Samuel Professor another year for the chance to bring the the bring to chance the for year another down came NYU when up locked already the though “Even 18–11. won Columbia ago. series 9–3. 9–3. series Morrison Trevor Dean Law NYU soon-to-be winning team, many Columbia students students Columbia many team, winning like looked it though even ball, the with the took and sidelines the from watched he Instead, game. faculty the in play would and Professor Law then-Columbia whether unexpectedly high-scoring, considering considering high-scoring, unexpectedly the opening tip-off. I thought the game was was game the thought I tip-off. opening the after left almost “I close: so be to game the stars.” student the years two 4–2 only was score final the that was game faculty the program—says the take the long subway ride home and wait wait and home ride subway long the take lingered in the bleachers before having to to having before bleachers the in lingered players. their support to numbers large with court the share to thrilled were played by three points or less. NYU now leads the the leads now NYU or less. points three by partnered with “Doc” Lauren Rooney and a and Rooney Lauren “Doc” with partnered it was the sixth Deans’ Cup to be decided decided be to Cup Deans’ sixth the was it Dean NYU As deflated. visibly shock, in who ofus “All says. he squad,” our for fun game. annual their for out came faculty the picture. friends to help her get back to…well, you get get you to…well, back get her help to friends LEXIS product gone terribly awry, Allie McFly McFly Allie awry, terribly gone product LEXIS At halftime, NYU led 27–22 when the the when 27–22 led NYU halftime, At The biggest question of the night was was night the of question biggest The Columbia watched the final moments moments final the watched Columbia Continuing the tradition of close games, games, ofclose tradition the Continuing NYU Law’s student body came out in in out came body student Law’s NYU

80 s by a s by This riff on the classic ’ classic the on riff This effort, it involved more than 100 than more involved it effort, student Atrue Revue. Law NYU the of and creative capacities. a similar name was the 39 the was name a similar Law students in cast, crew, band, writing, writing, band, crew, cast, in students Law 80 s movie with with s movie th production NYU NYU

108 102 NYU Hooding photo album photo Hooding A proud Nkoyo-Ene Effiong ’13 and her jubilant family paused after Convocation at the Beacon Theatre. Beacon the at Convocation after paused family jubilant ’13her and Effiong Nkoyo-Ene A proud @ NUS Convocation NUS ant n va e l e r 111 Frank J. Guarini ’50, J. Frank ’55 Guarini Gala Weinfeld at LLM honored

106 109 David Boies LLM ’67 and Joseph Weiler address Class of 2013 Class ’67 address Weiler LLM Joseph and Boies David Scholars and donors meet meet donors and Scholars

arties e i t r pa

110 Reunion Reunion

2013 in pictures in 101 RELEVANT PARTIES 102 WWW.LAW.NYU.EDU The Classof2013 5 3 1 4 2 6 6. 5. 4. 3. 2. 1. Legacy Families Who’s Who: 14. 13. 12. 11. 10. 9. 8. 7.

Trustee Leonard Boxer ’ Boxer Leonard Trustee uncle, his with Yormak Jake Goldman ’ his brother, Zachary Joshua Goldman with Trustee Alan Fuchsberg ’ father, his with Fuchsberg Eli ’ LLM Davis Hal brother, her with Davis Sally fiancé,Michael Gigante ’ her with Carreiro Patricia ’ Bettman Gary father, her with Bettman Brittany Rebecca Jenkin LLM ’ sister, her with Jenkin Eleanor ’ Rodgers Philip brother, Hannah Rodgers with her ’ Straus Daniel Trustee father, his with Straus Joseph Norbert Seifert ’ father, her with Seifert Hanna Schoenfelder ’ Jeanne sister, her with Anna Schoenfelder ’ LLM Saffir Richard uncle, her with Saffir Jaclyn Helam Gebremariam ’ partner, his with Iyer Subash ’ Nissel M. Sarah Morduchowitz ’ Daphne sisters, his with David Morduchowitz 09

10 87 05 80 08 and and

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77 10 81

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12 13 9 7 10 14 14 11 8 103 RELEVANT PARTIES 104 WWW.LAW.NYU.EDU 13 11 8 5 1 9 14 6 2 12 3 15 7 10 4 2. 1. Donors and Who’s Scholars Who: 12. 11. 10. 9. 8. 7. 6. 5. 4. 3.

20

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Francisco Muñoz were hooded by Katherine Herrmann Katherine by hooded were Muñoz Francisco and Servais Hadrien Scholars Global Schwind A. Michael ’ Coben Jerome by hooded was Coben Root-Tilden-Kern Scholar Semuteh Freeman ’ Das Alina Professor by hooded were Wells Jordan and Fernandez, Terry, Lisandra Kevin Scholars Rights Human for Institute Latino Brewer and Bickel Fenchel. Rochelle by hooded was Cruz Reyes M. Celeste Law International in Scholar Franck M. Thomas ’ LLM Ferguson Carr M. Trustee by hooded was Mazur Orly Scholar Ferguson Carr M. ’ Roth Eric Trustee by hooded was Armstrong Sharde Program) (AnBryce Scholar &Katz Rosen Lipton, Wachtell, Conley Ellen by hooded was Morris Josie Judge Charles Swinger Conley Scholar Program) (AnBryce Tanenbaum Colby Carol by hooded was Carr Keturah and M. CarolRobert Colby Tanenbaum Scholar Rosenfeld Gerald by hooded was Harris Isiah Fay Program) (AnBryce Scholar Zarin/ShirleyRosenfeld were hooded by the Honorable Frank J. Guarini ’ Guarini J. Frank Honorable the by hooded were Friedl Kevin and Goldman, Joshua Bengel, Jeffrey Fine, Andrew DiDomenico, row) Christine (back Coleman, Leslie Kondo, Alexander Johnston, Randall Abid Hossain, Erinn Martin, Feldman, row) Maximilian (front Scholars Government Guarini J. Frank ’ Furman Jay Trustee by hooded were Hubble Paul Iyer, and Subash Yotam Barkai, Yan Cao, Savage, Zachary Scholars Academic Furman Bell Dewart Janet by hooded were Barton Kellsie and Derrick Bell Scholars in Public Service Ashley Harrington 71

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18

(Judge Charles Swinger Conley Scholar) (Fay Scholar), Zarin/Shirley Rosenfeld and Josie Morris Justin Roller (William Randolph Hearst Scholar), Isiah Harris Scholar), Chance (Clifford Davilmar Cassandre Scholar), & Katz Scholar) (back row) Sharde Armstrong (Wachtell, Lipton, Rosen Marley Foundation in of memory Christopher Quackenbush ’ (John D. Grad Memorial Scholar), Britton Kovachevich (Jacob ChenaultKathryn Scholar), Christopher Natasha Silber Ramos, and (Kenneth Randleman Jayla Scholar), Root-Tilden-Kern (also Corbacho Francesca left) row, from (front Scholars AnBryce hooded Welters Beatrice Ambassador and trustees, of Natasha Silber was hooded by Dr. Joyce Lowinson Dr. by Joyce hooded was Silber Natasha Program) (AnBryce Scholar Memorial D. Grad John ’ Lief Beth by hooded were Lo Lilian and Freeman, Tristan (back row) Christopher Davis, John David Connelly, Fok, Ying Ying Manzanares, Raquel Leslie, Harold left) from row, (front Scholars Foundation Petrie Milton and Carroll by Kathy Jacobson hooded was Kaye Julia Program) (Root-Tilden-Kern Scholar Families and Children, Women, for Service Public Jacobson Professor Randy Hertz by hooded was Lewis Ayesha Scholar Leyens Erich Anthony Welters ’ Lois Weinroth by hooded Yuan was Wentao Scholar Heftler Thomas ’ Blanchard Kimberly by hooded was Plaum Alexander Scholar Weinberg E. Alex Britton Kovachevich was hooded by Gail Quackenbush Quackenbush ’ Jacob Marley Foundation in of memory Christopher ’ Martins Eric by hooded was Rochelle J. Buckstein Scholar Benjamin Butterfield 82 82 Scholar (AnBryce Program) 77 , chairman of the Law School’s board board School’s Law the of , chairman 81 63 19

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105 RELEVANT PARTIES

106 WWW.LAW.NYU.EDU Commencement I I

Warren Professor of Constitutional Law, of Constitutional Professor Warren Laws from NYU President John Sexton, Sexton, John President NYU from Laws Exercises at Yankee Stadium on May 22 and and 22 May on Stadium Yankee at Exercises at of2013 Class NYU’s addressed Flexner, and received an honorary Doctorate of Doctorate honorary an received and Theatre. Beacon the at yer of the century.” Indeed, Boies’s case Boies’s case Indeed, century.” the of yer the Law School’s Convocation on May 24 24 onMay School’s Convocation Law the who described Boies as “arguably the law the “arguably as Boies described who both the University’s 181st Commencement Commencement 181st University’s the both ment by Kenji Yoshino, Chief Justice Earl Earl Justice Chief Yoshino, Kenji by ment n P Boies was introduced at Commence at introduced was Boies n what may be afirst, may n what litigator David Boies LLM ’67, LLM Boies chair David litigator man and founder of Boies, Schiller & Schiller ofBoies, founder and man r se o aise

renowned renowned - - -

f P a day like this in platitudes. Change the the Change platitudes. in this like a day watched widely most the arguably also - com in ofclichés inevitability on the the at And, term. Court’s Supreme of the yet to be rendered. be to yet to his historic Proposition 8 case, 8case, Proposition historic his to tant they nonetheless are: “One of the of the “One are: nonetheless they tant had decision the ceremonies, ofthe time world. Don’t be afraid to fail. The The fail. to Don’t afraid be world. he quickly pointed out how impor how out pointed quickly he problem is that it’s too easy to dis to it’s easy too that is problem miss platitudes.” But, with a nod anod with But, platitudes.” miss on talk to “We tend speeches: mencement for the legality of same-sex marriage was was marriage ofsame-sex legality the for Boies, a Law School Trustee, remarked remarked Trustee, School a Law Boies, la t i tu d - e - s

Continued Boies said, “We’ve come a long way since since way along “We’ve come said, Boies gays and lesbians have historically faced, faced, historically have lesbians and gays are created equal. One is that every person person every that is One equal. created are officially sanctioned discrimination that that discrimination sanctioned officially then, but we have a long way still to go.” to still way along have we but then, this country.” Mentioning the violence and and violence the Mentioning country.” this in discrimination of bastion official last the end to try to struggle rights acivil in today engaged We are of happiness. pursuit the has an inalienable right to life, liberty, and and liberty, life, to right inalienable an has platitudes of our country is that all people people all that is country ofour platitudes

Convocation say are difficult for us for difficult are say times the things that that things the times these people have to people these they just want some want just they one, anyone,one, to hear no voice at all in our our in all voice at no things to say. Some things “We represent the to hear. Sometimes to hear. Sometimes as lawyers to make lawyers as viduals would have would viduals system. It’s our job job our It’s system. liable, the culpable, culpable, the liable, the guilty. Some of of guilty.Some the lawyers these indi these lawyers some pretty nasty nasty pretty some these people have people these them. But without But them. people are heard.” Cameron Tepfer ’ sure that these 13

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- The co-chairs oftheClass Committee—Alison Gift Puente-Douglass ’ Welters ’ 77, chairoftheLaw School’s board oftrustees, andTrustee M.Carr Ferguson ’ our peer schools, and the legal community that we feel strongly enough about our time at the Law School left, and Aaronleft, Gaynor LLM ’ received thedonations, whichtotaled more than presented theClass ceremonies, atthemorningandafternoon of2013 gift respectively. Anthony to give backeven before we beginourcareers,” saidPuente-Douglass. profession, it is not people the It’s the people who are most cessful in this this in cessful work hardest. work hardest. smartest. It’ssmartest. at the people not even the who aresuc David Boies LLM ’ LLM Boies David “If you“If look who arethe people who who people trusted.” 67 -

13 and José Antonio Batista DeMoura LLM’ Ziebarth “We are a class who who aclass “We are witnessed America’switnessed survived a hurricane, ahurricane, survived never-ending winter.never-ending have about opinions a class who has met met has who a class bates—and actually actually bates—and importantly, we importantly, are tion, eyed the fiscal eyed fiscal tion, the We who aclass are these things. Most Most things. these cliff, followed cliff, the a blackout, and a and a blackout, presidential elec presidential leave as friends.” as strangers but but strangers as gun-control de gun-control Rivana Mezaya Mezaya Rivana LLM ’ LLM . “Our gift sendsapowerful $38,000.“Ourgift message to alumni, 13

- - 13 andHannahRodgers ’13,above you come, you are.” first day University Professor University and say,and Yorker,’ Yorker,’ you fall fall you in love ’I’m a Joseph Weiler, New New “The “The and and 13 60, respectively, , above right—

107 RELEVANT PARTIES 108 WWW.LAW.NYU.EDU Graduates with aGlobal Edge A memberofSingapore’s Parliament addressed the37graduates atthe Sudeshna Chatterjee, was hoodedby herhusband,Jitesh Kumar Shahani’ States alsoexpressed gratitude for having aglobalperspective intheir or ’Can Iwork withyou onthisdealthere?’—that isgoing to beinvaluable.” March. The ceremony marked thepenultimate convocation for the graduate ofNUSLaw, stressed theuniqueadvantage oftheNYU embracing change.” For thefirst timeintheprogram’s history, a student, education. “Whilemuchoftherest oftheworld hasbeen reactionary,” said Kaplan, “the students oftheNYU Kaplan, “the Program convocation ceremony attheAsianCivilisations Museumin NYU SchoolofLaw andNationalUniversity ofSingapore DualDegree is going to have someimpactonyour country; canIcheckthelaws there?’ not accepting to beamere cog ofthestatus quobutaninstrumentality of pick upthephoneorsendane-mailandsay, ’Iwant to dothisdealandthat program, whichwillendin2014. uates. “You willreturn to your different countries, butthefact thatyou can Castro’s Cuba was just like our law. The our like just was Cuba Castro’s Monnet Chaired Professor, praised the the praised Professor, Chaired Monnet Boies cited personal contribution to contribution personal cited Boies gathered LLM and JSD graduates, many of of many graduates, JSD and LLM gathered difference was whether it was enforced enforced was it whether was difference can It down. written be can law “The cess. regarding what’s been accomplished, relief relief accomplished, been what’s regarding Union was just like our law. The law in law law. The our like just was Union excite importantly, more it’s over,and that the justice system as perhaps the most most the perhaps as system justice the whom are not American, for their decision decision their for American, not are whom He said festivities. the over preside would he related to the feelings of all the newly newly the of all feelings the to related he last time that Dean Richard Revesz, who who Revesz, Richard Dean that time last by lawyers and by judges.” by and lawyers by Soviet the in law “The said. he books,” in be share with you that mixed sense of pride ofpride sense mixed that you with share 31, onMay deanship his from down stepped fessor of Law and European Union Jean Jean Union European and Law of fessor Pro Straus Joseph Weiler, Joseph fessor suc professional for criterion important come.” to is what for ment I ends “As tenure my graduates: minted Rajah . Student speakers EllieSiuofHongKong andJared Kaplanof theUnited This year’s Convocation marked the marked Convocation year’s This Indranee Rajah,seniorminister ofstate for law andeducationa Later in the afternoon, University Pro University afternoon, the in Later Speaking to an audience of lawyers, of lawyers, audience an to Speaking Siu @ NUS program have taken thevanguard, - - - -

“one of the founding moments of the devel ofthe moments founding “one ofthe God, who is about to destroy the cities of cities the destroy to about is who God, Sodom and Gomorrah, whether God would would God whether Gomorrah, and Sodom opment of the notion of justice in Western Western in ofjustice notion ofthe opment civilization.” In the passage, Abraham asks asks Abraham passage, the In civilization.” to combine legal educations from their their from educations legal combine to he called “the finest of legal educations.” legal of finest “the called he what for training, US with countries home from Genesis 18, which he described as as described he which 18, Genesis from Weiler gave a close reading of a passage of apassage reading aclose gave Weiler Kaplan @ NUS grad

11.

- - I should do but to have the courage to do to courage the have to do but I should Parsing the passage, Weiler argued that that argued Weiler passage, the Parsing a human being. “In real life…we typically typically life…we real “In being. a human wicked. the with righteous the destroy also that which I know is the right thing to do.” to thing right the is I know which that ler said. “The problem is not to know what what know to is not problem “The said. ler Wei choice,” moral right the is what know sumed to know it in his very constitution as as constitution very his in it know to sumed divine received not yet has Abraham since instruction in the ways of justice, he is pre is he justice, of ways the in instruction - - 8 9 6 5 3 1 10 2 7 4 February11, 2013 4. 9. 3. 7. 10. 1. 2. 6. 5. 8. Donor Reception Donor Scholar and

rustee KathrynChenault’

a Nordlicht ’

’ ’15, Janice Claire Tan ’15,Igor Felipe ilf Tax Scholars Andrew Krause ’13,andAlyssa Trustee Leonard Wilf ’77 Taylor Davis LLM’13,andRafi Tumi Adebiyi ’15,Stephanie Coco ’14, Tofighi Darian LLM’13gave the James Ganley ’15,Daryl Kleiman’15, Ir T Starr Foundation GlobalLaw Scholars Coben Root-Tilden-Kern Scholars BLAPA Board MemberVanessa Judge CharlesSwinger Conley A.H. Amirsaleh Scholar Marzieh William RandolphHearst/AnBryce Herman DiamondScholarNicholas W Zachary Kolodin ’14,Colleen Lee ’ 13, Campbell ’13 Okorafor ’15(third from with left) Gooch ’63 Christopher Anderson ’13,Stefan with Jerome Coben ’69 with MasonGranger within theAnBryce Program, with EllenConley Mottahedeh LLM ’13with Megan Ward ’13,Craig Pacheco ’15, Mitchell Jacobson ’76(center) and McDaniel ’15,Christoffer Stromstedt M. GabrielleApollon-Richardson ’15 de Macedo LLM’13,Peter Ajayi ’13, LLM ’13,Olga GoldbergLLM’13, Florence Davis ’79 Freeman ’13,andAndrew Jondahl’15 Nicholas Melvoin ’14,Semuteh Bell withDerrickScholars for Pai-Thompson ’08andJanetDewart Roller ’13,andLauren Pignataro ’14 Harmon ’14withJessica Diamond gave thekeynote speech. Scholars JosieMorris’13and Scholars JoshuaEspinosa’15,Justin and Anthony Askew ’13withAnthony and Kellsie ’13 Barton and NancyDiamond the Mitchell Jacobson Leadership and C.V. StarrScholars SoYung Kang Kathryn ChenaultScholarship Nordlicht Family Scholar Nnenne Program inLaw &Business Scholars Public Service Ashley ’13 Harrington 15, RahimManji’JamaalMyers ’13 , benefactor oftheKenneth and student speech. , LLM’64 72 (far and left) Devan Patrick andTrustee 80,

109 RELEVANT PARTIES 110 WWW.LAW.NYU.EDU Reunion 2013Reunion Honorees May 3--4, May 2013 American Securities,eachreceived Annual Awards Luncheon.Pauline José Alvarez ledapanelontheMiddle Jane HarrisAiken ’83 On agorgeous springweekend, Gillers ’68moderated adiscussion Law Center, Charles Klein’63, Square to examine aspectsofdemoc- Mónica Roa LLM’03 East after theArabEast after Spring;Stephen Public Service Award. Newman ’58,ajudge ontheUSCourt David Kamin’09refereed adiscussion campaign finance reform ideasand of InsightPrison Project, received the of Appealsfor theFederal Circuit, and receivedclasses, left, honors atthe of whethertaxreform ispossible. grams atWomen’s LinkWorldwide, about corruption ingovernment and alumni returned to Washington and EllenBarry’78 their likelihood ofsuccess; and the AlumniAchievement Award; racy andthedemocratic process. blower laws; Richard Pildes explored business andtouched onwhistle- received theRecent Graduate Award; received theLegal Teaching Award; Five members from reunion founding partner of founding partner , executive director , director ofpro- , aprofessor at

Thanking the People People the Thanking Who Make aDifference T first 10 years as alumni. NYU Law also also Law NYU alumni. as years 10 first annually, or $1,000 or more during their their during ormore or$1,000 annually, recognizes Gala The Weinfeld September. established to recognize the professional professional the recognize to established or more level $5,000 the at give who donors with its Judge Edward Weinfeld Award, Award, Weinfeld Edward Judge its with presented Frank J. Guarini ’50, LLM ’55 ’50, LLM J. Guarini Frank presented September 20, 2012 he law school law he reception at Alice Tully Hall last last Hall Tully Alice at reception to top donors with a lively cocktail cocktail alively with donors top to

showed its gratitude gratitude its showed City, was dedicated as the Frank J. Guarini J. Guarini Frank the as dedicated was City, New two-term and Assembly, General Jersey state senator. He is senior partner partner senior He is senator. state Jersey at Guarini & Guarini. In 2008, the main main the 2008, In & Guarini. Guarini at a was Guarini ormore. ago years 50 ated gradu who ofalumni accomplishments US Post Office. Post US Nations United the to representative US post office in Guarini’s birthplace, Jersey Jersey birthplace, Guarini’s in office post seven-term congressman from New Jersey, Jersey, New from congressman seven-term Guarini - May 22, 2013 22, May Fall Ball October 25, 2012 ’ Ball 111 RELEVANT PARTIES Closing Statements This year, Sherrilyn Ifill became the seventh president and director-counsel of the NAACP Legal Defense and Educational Fund (LDF). A professor at the University of School of Law for 20 years, Ifill ’87 also litigated and consulted on a wide range of civil rights cases. In 1991, when she was LDF assistant counsel, she won the landmark case Lawyers’ Association v. Attorney General of Texas, in which the Supreme Court held that trial judges’ elections are covered by the Voting Rights Act. In the wake of the high court’s June decision to gut the VRA, Ifill spoke with Marlen Bodden ’86, an attorney at the Legal Aid Society, to discuss the challenges ahead for herself and the nation.

What are your top priorities as the head of the when we begin to criminalize the merely in- LDF? Many civil rights organizations have appropriate conduct of middle school and been playing an important and aggressive high school students. defense game to hold onto the extraordinary gains of the civil rights movement. But I want You wrote a book called On the Courthouse to play offense, and my focus is on those who Lawn: Confronting the Legacy of Lynching in are the most marginalized—at the intersec- the Twenty-First Century. Why, today, is lynch- tions of race and class, and race and pover- ing so important to confront? What inspired ty—and on the legal barriers to educational me to write the book was seeing how people and economic opportunities. abroad—in Rwanda, South Africa, Yugosla- via—were dealing with traumatic incidents Does the discussion about race obscure other of violence in the past. It wasn’t perfect, but injustices, such as those rooted in poverty? they were dealing with it with tremendous Actually, race illuminates poverty. The most courage and honesty. And here I was in a egregious injustices in our country occur at country that had never confronted lynching. the intersection of race and poverty. The silence surrounding lynching was toxic, in both the black and white communities. LDF defended the VRA. What will be the long- The reaction to those events has almost fro- term impact on the country after the Supreme Court’s decision to zen those communities in amber. effectively allow states to change their election laws without ad- vance federal approval? It changes what we have come to expect What, if any, are the special responsibilities that you feel taking of democratic participation in this country. Unless Congress can on the mantle of such an historic organization? It’s not a rest-on- pass a fix to the VRA we’ll see the success of voter discrimination your-laurels job. I don’t even regard it as a make-your-name job and suppression, especially at the local level, so in judicial elec- because your name is going to be mud as much as it is going to tions, and those for school boards, town councils, water districts. be lauded. The reality is, you take this because somebody passed you the baton. I have to make the best of it as did all of those What about the short-term impact? Within hours the Texas AG director- like Thurgood Marshall and Elaine Jones who announced plans to immediately implement that state’s voter ID came before me. They ran their race and they left a great Ameri- law, known as the most onerous of its kind in the nation. South can institution for those of us who came later to steward. Carolina, Alabama, and North Carolina announced plans to im- plement voter suppression measures that had been stopped by Ted Shaw, former head of LDF, said about you, “She has a tough- the VRA. We expect more as we get closer to the 2014 elections. ness about her that I think will serve her very well. I mean the right kind of toughness.” What is the right kind of toughness? I have a LDF is co-counsel with the Legal Aid Society on a case that deals pretty unrelenting view of justice. You have to be willing to fight with unconstitutional stops, frisks, and arrests in public housing. and lose the battle sometimes in order to win the war. You also What other policing issues is LDF working on? We are increas- have to have contempt for failure. I like to think I have that kind ingly concerned about the relationship between law enforce- of toughness. It’s not the toughness of just being intimidating. ment and education. So we just filed a complaint with the De- Unfortunately, very few people find me intimidating. partment of Education’s Office of Civil Rights against the Bryan Independent School District in Texas, where police officers are Well, you are from New York City. Yes, I’m from Queens. empowered to give misdemeanor tickets to students for engag- ing in profanity. The figures show African-American students I’m from the Bronx. You got me. When you say “Bronx,” people disproportionately get these tickets. The issue of police in back up. We Queens girls couldn’t live off the name of our neigh- schools is delicate because we have to calibrate our concern borhood, like, “Oh, I’m from Harlem.” No, we had to really bring about safety in schools with an understanding of what it means it. That’s why Queens girls have an attitude. WWW.LAW.NYU.EDU

112 This Q&A was edited and condensed. * See page 57 for more about Bodden and her novel, The Wedding Gift (2013). REUNION Friday & Saturday, April 25–26, 2014 Please visit law.nyu.edu/alumni/reunion2014e for more information. R A Legacy of Learning “NYU Law gave my The future of the Law School husband, Chuck, who 1974 is1979 yours 1984 1989 to define. was in the class of 1955, 1999 2004 2009 1959 1964 a chance to study the 1979 1984 1989 1994 law. What he learned 2009 1959 1964 1969 Making the Law School a part of your planned giving is gave him the tools to 2004 2009 1959 1964 1969 1964 1969 1974 fight for change and 1974 1979 1984 1989 1994 a first step in creating an academic legacy that you can be 1994 1999 1979 1984 1989 1994 1999 for our civil rights. 1974 2009truly 1959 proud 1964 of. 19691974 You 1974 can 1979 plant the seed of education today We both wanted to give 1984 1989so the 1994 scholars 1999 of2004 tomorrow 2 may enjoy its bloom. back to the community 1969 1974 1979 1984 1989 1994 1999 2004 1999 2004 2009 1959 1964 1969 2009 1959 1964 1969 that had embraced us, 1989 1994 1999 2004 2009 in the hopes that others 1974 1979 1984 1989 1994 1999 2004 2009 1959 NYU Law gift plans are flexible and are tailored to fit 1974 19791959 1984 1964 1989 1994 1969 1994 1999 1974 1999 2004 1979 2004 1959 1964 1969 1974 1979 1984 would have similar 1989 1994 1999 2004 2009 1959 19641974 1969 1979 1984 your unique1974 1979 circumstances. 1984 1989 Please contact Betsy Brown 1994 1999 2004 2009 1959 19 transformational 1964at 1969 (212) 998-6701 or [email protected] to discuss 1984 1989 1994 1999 2004 2009 1959 1964 experiences.” 1959 1964 1969 1974 1979 1984 1989 1994 1994 1999how 2004 your 2009gift can 1959 best 1964 fit your financial needs. ellen conley 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1969 1974 1979 1984 1989 1994 1989 1994 1999 2004 2009 19891959 199419641974 19991969 1979 2004 2009 1984 2009 1959 1989 1959 1964 1994 1964 1969 1999 1969 1974 2004 1979 2009 1984 1989 1969 1974 1959 1964 1969 1979 1964 19692004 2009 1959 1964 1969 1974 1979 1984 1994 19991974 2004 1979 20091959 1984 1959 1964 1989 19641994 1969 1994 19691999 1974 1979 1999 2004 1979 1984 2004 2009 19591984 1989 2009 1959 19641989 1999 2004 1979 2009 1984 1959 1989 1964 1994 1969 2004 1999 1994 1999 2004 2009 1964 1969 1974 1994 1974 1959 1964 1969 1974 1979 1984 1964 1969 1974 1979 1999 2004 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2013 • A TAX HAVEN • GREAT DIVIDE • FULL SPEED AHEAD • PARTNER FOR LIFE • PORTRAIT OF A DEAN Nonprofit Org. Y LAW NYU US Postage PAID St. Louis, MO Office of Development and Alumni Relations Permit # 495 110 West Third Street, Second Floor New York, NY 10012–1074 THE MAGAZINE OF THE NEW YORK UNIVERSITY SCHOOL OF LAW The NYU Law Fund Illuminates

Trevor Morrison

2013 Arrives |

VOLUME XXIII The constitutional law scholar steps up as NYU Law’s 17th dean.

For more information, please contact Betsy Brown at (212) 998-6701 or [email protected].