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Carol Lam ’85 on Life After the DOJ Stanford University Non-profit ReputationDefender: A 1L Makes Time for a Startup Stanford Law School Organization Crown Quadrangle U.S. Postage Paid 559 Nathan Abbott Way Palo Alto, CA STANFORD

Stanford, CA 94305-8610 Permit No. 28 77 STANFORD LAWYER FALL 2007 ISSUE 77 77 LAWYER FALL 2007 ISSUE FALL FALL 2007 ISSUE FALL

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gatheringsSTANFORD From the Dean LAWYER BY LARRY KRAMER ISSUE 77/VOL. 42/NO. 1 Richard E. Lang Professor of Law and Dean

MOST DEANS (INCLUDING THIS ONE) USE THESE INTRODUCTORY LETTERS TO Editor PRIME READERS FOR ACHIEVEMENTS CELEBRATED IN THE PAGES THAT FOLLOW. kudos SHARON DRISCOLL The object is less to challenge than to instill a sense of anticipation and pride. This letter is [email protected] different. The focus of this issue is the state of our profession. And that is a worrisome topic. • I Associate Dean for Communications to and Public Relations have occasionally remarked, though only in small settings before today, that the state of the legal MICHAEL ARRINGTON ’95, founder of TechCrunch, appeared as 22 on Business 2.0’s list, SABRINA JOHNSON profession brings to mind Rome, circa A.D. 300. On the surface, it looks grander and more “The 50 Who Matter Now,” printed in July. [email protected] magnificent than ever, but the foundation may be about to collapse. It’s meant to be a joke. But Art/Design Direction JOHN W. BROOKS ’66 (BA ’58), JOHN TINLEY BROOKS ’93 (BA ’88), AND the uneasy laugh this comment invariably elicits suggests that it may be closer to the mark than DAVID ARMARIO DESIGN EDDIE RODRIGUEZ ’94 were each selected by Super Lawyers as a “San Diego Production Manager any of us wishes. • Certainly our profession has changed profoundly in the past generation. The Super Lawyer for 2007.” basic structure still looks the same: Most lawyers practice in firms, most firms are partnerships LINDA WILSON [email protected] with cadres of associates, most work is performed for hourly fees, and so on. Yet it’s the SANDRA DAY O’CONNOR ’52 (BA ’50) and DAVID LEVI ’80, along with faculty member Pamela Karlan [see “Faculty News,” p. 33] are among the newest law fellows Contributing Editor traditional model on steroids: Big firms employ thousands rather than hundreds of lawyers, with of the American Academy of Arts and Sciences. AMY POFTAK (BA’ 95) offices around the world. Partner/associate ratios have changed dramatically, particularly if we Class Correspondents focus on equity partners, while legal work has become increasingly specialized and expectations The Organization of American Historians named MICHAEL J. KLARMAN ’83 one of its Distinguished Lecturers for 2007–2008. 64 CREATIVE ALUMNI for billable hours have soared. • Such changes have consequences. Clients, especially corporate Contributing Writer HALIL SULEYMAN OZERDEN ’98 clients, are less willing simply to pay what firms charge and much less willing to subsidize the won unanimous confirmation from the U.S. Senate as a RANDEE FENNER (BA ’75) U.S. district court judge for the Southern District of Mississippi. training of young associates. Technology has exacerbated this trend, enabling clients to do for Copy Editor themselves things they used to need from outside counsel. Making a practice profitable has Aspen Skiing Company owner JIM CROWN ’80 was appointed to the Men’s Journal Hall of JOYCE THOMAS increased demand for lawyers to bill hours, which has, in turn, forced firms to raise salaries, which Fame for his green business efforts. Editorial Interns has further increased the need to bill hours. Partly as a result, new associates seldom join firms DAVID CAVICKE ’89 was appointed chief of staff for the Committee on Energy and KRISTEN BARTA (BA ’09) SARAH NAHM (BS ’08) intending to stay for more than a few years. Lateral hiring has exploded, undermining the culture Commerce in the U.S. House of Representatives. ERIC PHETTEPLACE (BA/BS ’07) and sense of community of many firms. And factors like these have stymied or undone progress WILLIAM H. NEUKOM ’67 was sworn in on August 13 as the 131st President of the Production Associates that was just beginning to be made in advancing women and minorities into the top ranks of legal American Bar Association. LUANNE HERNANDEZ (BA ’05) practice. • Twenty years ago, most lawyers would have scoffed at the idea that profitability, much 2 MARY ANN RUNDELL BONNIE ESKENAZI ’85, CAROL LAM ’85, and NINA “NICKI” LOCKER ’83, along less profits-per-partner, should be the measure of success and prestige. Yet that is where we are. with faculty member Kathleen M. Sullivan [see “Faculty News,” p. 33], were included Stanford Lawyer (ISSN 0585-0576) is published for Law firms are run like businesses by managing partners and committees whose time is almost in the Daily Journal‘s list of “Top Women Litigators” for 2007. alumni and friends of Stanford Law School. wholly occupied with, well, managing. And competition is fierce: to be bigger, pay more, bill more The San Diego County Bar Association named CAROL LAM ’85 “Outstanding Attorney of Stanford Lawyer / Fall 2006 CORRESPONDENCE AND INFORMATION hours, and open more offices. To be more profitable. the Year.” SHOULD BE SENT TO: Does anyone actually want this? The lawyers, managing partners, and general counsels I meet Editor, Stanford Lawyer W. RICHARD WEST JR. ’71 received an honorary doctorate from Dartmouth College and are deeply concerned about what’s happening. Yet they feel unable to stop it, powerless to resist Stanford Law School WARREN CHRISTOPHER ’49 received an honorary doctorate from the California Crown Quadrangle the stifling market forces that drive their decisions. And for good reason, because the problems are State University Board of Trustees at June commencements. 559 Nathan Abbott Way complex and exist at every level. Students say they want a better work/life balance, yet invariably Stanford, CA 94305-8610 PETER THIEL ’92 (BA/BS ’89) was included this May in the San Jose Mercury News’ list of [email protected] choose the firm that ranks highest in The American Lawyer’s list of the top 100 law firms. Having “Silicon Valley’s Five Hot VCs Under Age 40.” spent their lives learning to collect gold stars, they apparently find it impossible to stop— CHANGES OF ADDRESS SHOULD BE SENT TO: something we (that is, law schools) make easy by forcing most of them to graduate with a Ober Kaler attorney PATRICK K. O’HARE ’71 will be included in the 2008 edition of The Best [email protected] Lawyers in America for the Washington, D.C., area. He was selected for the Health mountain of debt. Law firms say they want young associates to do pro bono work, and they mean Care Law category and recognized in the Non-Profit/Charities Law section. Copyright 2007 by the Board of Trustees of it. But the insidious pressure to increase profitability by billing hours remains. And on and on. No Leland Stanford Junior University. one can be blamed when everyone is to blame. Reproduction in whole or in part, without permission of the publisher, is prohibited. I have no answer to this. Not yet at least. We need to understand the issues much better than UPCOMING EVENTS we do now. We need to develop alternative ways to practice law and to structure a legal practice. ISSUES OF THE MAGAZINE SINCE FALL 1999 ARE And we need to take chances, like the ones we are taking within the law school by restructuring The Honorable Thelton Henderson Education as a Civil Right Symposium AVAILABLE ONLINE AT www.law.stanford.edu/publications/stanford_lawyer. our curriculum, re-envisioning interdisciplinary education, creating new forms of clinical Fund Event Stanford Law School Stanford Law School February 2, 2008 Issues from 1966 to the present are available on education, and redoubling our efforts to teach students the value of public service. November 1, 2007 microfiche through William S. Hein & Co., Inc., Certainly Stanford Law has a role to play. It’s our responsibility to educate students about National Security and the Constitution: 1285 Main Street, Buffalo, NY 14209-1987, or order online at www.wshein.com/Catalog/Gut.asp? the nature of their profession and to reinforce their desire for a rich personal and professional The Public Service Awards Dinner Quarantine, Isolation, Health Stanford University Surveillance and the Law TitleNo=400830. life that lets them use their skills for the betterment of society. We must bring scholarly November 5, 2007 Washington, D.C. April 11, 2008 Stanford Lawyer is listed in: resources to bear on developing solutions and help the various stakeholders talk productively. Dialog’s Legal Resource Index and Current Law Among my hopes for the coming years is to develop a program in “the business of law” through The Evolving Role of Victims in the Directors’ College Index and LegalTrac (1980–94). which we can begin to discharge these responsibilities. For now, we must wake up to what is Criminal Justice System Stanford Law School happening and muster our will to secure the future of our profession, preserving the qualities Stanford Law School June 22–24, 2008 Stanford Lawyer January 25, 2008 WELCOMES LETTERS FROM READERS, THOUGH that attracted so many of us to the study of law in the first place. For more information about these and other events, visit www.stanford.edu BREVITY INCREASES THE LIKELIHOOD OF PUBLICATION, AND LETTERS MAY BE EDITED FOR LENGTH AND CLARITY. Stanford_p1:1 trackingmigration.fall.0410/12/0710:17AMPage1 TNODLAWYER STANFORD counsels. firms togeneral senior managersoflarge new associatesto affecting everyonefrom work/life balanceare technology, and saving pressures, as billablehours,cost- law andhowissuessuch A lookatthebusinessof LAW BUSINESS OF CHANGING THE 16 Cover Story Cover illustrationby Tavis Coburn SERVICE: MICHAELKAHN LAW SCHOOL the biggestnamesinValleyto StanfordLawSchool. 10 highest court. applying forandtakingonaclerkshipatthenation’s Stanford LawSchoolalumnishedlightonthemysteriesof 8 political cartoons. service andotherpursuits–suchashispassionforcollecting in SanFrancisco,talksaboutbalancinglifewithpublic Kahn ’73(MA’73),seniorpartneratFolgerLevin& 7 In Focus AlumniandSchoolNews 2 In Brief Joseph A.Grundfest’s’78 14 on theInternet.” was “createdtodefendyouandyourfamily’sgoodname co-founding ReputationDefender,acompanythat Ross Chanin’09talksaboutbalancinghislegalstudieswith 12 school broughtthemtogether. as strangers,aroadtriptotheirfirstyearoflaw Four graduatesfromtheClassof2000rememberhow, CLERKING ATTHESUPREMECOURT MAKING TIMEFORGOVERNMENT JOINT VENTURE THAT STANFORDTHING A CROSS-COUNTRYJOURNEYTO Venture Capital class bringssomeof FALL ’07 ISSUE 77/VOL.42/NO.1 Mills LegalClinicofSLS Highlights fromthe 30 Clinic News business intellectual propertyand Professor PaulGoldsteinon 29 Point ofView position atQUALCOMM. attorneys, andhernew the 2006massfiringofU.S. George FisherabouttheDOJ, Lam ’85speakswithProfessor Former U.S.AttorneyCarol CAROL LAM 24 Matters Legal 93 90 41 Departments alumni events Photos highlightingrecent 40 Gatherings on issuesoftheday Faculty andalumnispeaking 38 In theNews the ruleoflaw David Hults’08onoiland VENEZUELA LAW ANDOILIN 36 Perspectives and visitingfaculty An introductiontonewfaculty 34 New Faculty faculty news Stanford LawSchool 32 Faculty News KUDOS IN MEMORIAM CLASSMATES FROM THEDEAN

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Alumni and School News

77 IN B

REUBEN JEFFERY APPOINTED UNDER SECRETARY OF STATE O N JUNE 27, REUBEN JEFFERY III, JD/MBA ’80, WAS SWORN IN BY CONDOLEEZZA RICE AS THE DEPARTMENT OF STATE’S new under secretary of state for economic, energy and agricultural affairs. In addition to advising Secretary Rice on international economic policy, Jeffery directs the department on such issues as trade, agriculture, aviation, and bilateral relations with American economic partners. “I can tell you that strong, technically proficient, fair and transparent governing institutions such as regulatory agencies keep the business sector in line,” remarked Jeffery in his first speech in his new role—a talk on energy security, financial stability, transparency, the investment climate, trade, and the G8 delivered at the American Chamber of Commerce in Russia. “They also encourage investment, because they help ensure investors understand where they are putting their money.” Jeffery ought to know: He was previously the chairman of the Commodity Futures Trading Commission and also spent 18 years at Goldman, Sachs & Co., where he specialized in international capital markets and corporate finance. Along the way, Jeffery coordinated the federal efforts to redevelop Lower Manhattan after September 11, 2001, and served in senior positions at the WATSON’S Department of Defense and the “CONVERSATIONS” National Security Council. AIR ON “Around the world we see that NBC STATIONS If you were flipping channels people are striving for a better this September, chances are future,” says Jeffery when asked you spotted Carlos Watson about the opportunity before him. ’95. New episodes of the “We have to steer a course that former CNN host’s interview special, “Conversations with brings economic opportunity to the Carlos Watson,” aired on NBC developing world, while also stations across the country, promoting continued economic with scheduled guests growth and job creation in developed including singer John Legend, actress Eva Longoria, and economies. Trade agreements, California Governor Arnold promoting energy Schwarzenegger. Singled out security, and work- by Variety as “a younger, hipper, broader interview ing with partner show,” the program is countries to improve produced by Watson’s new the business climate company, Run Rabbit Run serve these goals.” Productions. “I wanted to move beyond the traditional REUBEN JEFFERY interview format and speak JD/MBA ’80 with people in a conversational way, not just interview them,” says Watson. Stanford_p2-6:1 trackingmigration.fall.0410/12/0710:18AMPage3 RIEF

OPPOSITE PAGE: MISHA BRUK (TOP), KEITH MAJOR (BOTTOM); THIS PAGE: GREG CLARKE (TOP) the fellowship.” and commitmentof “floored bythegenerosity Cho describesherselfas Immigrants’ RightsProject. Clinic andtheACLU for theImmigrants’Rights School, workingoncases this focusatStanfordLaw Rights. Shehascontinued Immigrant andRefugee of theNationalNetworkfor as educationdirector in SouthAfricaandserving Conference AgainstRacism United NationsWorld delegation tothe2001 U.S. migrantrights’ including co-organizingthe movement forsixyears immigrant rights’ worked extensivelyinthe University in2000,Cho distinction fromYale cum laudeandwith After graduatingmagna naturalized U.S.citizens. to Koreanparentswhoare was borninUrbana,Illinois, from apoolof809,Cho One of30fellowsselected study intheUnitedStates. two yearsofgraduate fellowship supportsupto resident aliens,the naturalized citizens,and citizens, childrenof opportunities tonaturalized provide educational Americans. Establishedto Fellowship forNew The Paul&DaisySoros Eunice Cho’09haswon New Americans Fellowship for Cho AwardedSoros Beardsley ProfessorofLaw,who overseesthelawschool’sjointdegreeprograms. academic orcareergoals—and we’llhelpyoumakeithappen,”saysJeffStrnad,Charles A. outside ofthelaw. they havebroadaccesstoStanfordUniversitycoursesthatoffer diverselearningopportunities Stanford oranyotheruniversity.Andforstudentswhodonot wishtopursueajointdegree, also havetheoptiontocustomizeajointdegreeprogramwith othergraduatedepartmentsat Eurasian); philosophy;politicalscience;psychology;public policy;andsociology.Students (African; EastAsian;internationalpolicy;LatinAmerican; Russian,EastEuropeanand education; healthresearchandpolicy;history;international, comparativeandareastudies legal practiceandpublicservice.” who haveadditionallyvaluableskillsandanalyticalabilities thatareapplicabletomodern courses inotherpartsoftheuniversity,wecangraduatestudentswhothinklikelawyersand E. LangProfessorofLawandDean.“Withourjointdegreesabilitytoofferstudents intellectual capitaltheyneedtopracticelawintheworldtoday,”saysLarryKramer,Richard an MSorPhDinbioengineeringmanagementscienceandengineering. environment andresources.Likewise,aspiringpatentlawyerscandeepentheirexpertisewith interested inenvironmentallitigation,forinstance,cancomplementtheirJDwithanMS number ofinternationallytop-ratedgraduateprogramsatStanfordUniversity.Students degree programs.Jointdegreesallowlawstudentstotakeadvantageoftheunparalleled 25 thenumberofformaljointdegreesstudentscanseekunderauspices18 degree programstoitsroster,bringing Law Schoolhasadded11newjoint today’s complexlegalproblems,Stanford in multipledisciplinestobettersolve Recognizing thatlawyersmustbeversed Offerings Joint Degree Dramatically Expands Stanford Law “For ourstudents,thetaskis simple:Figureoutwhatyouwanttodo—basedonyour Other jointdegreeprogramsopentoStanfordLawstudents includebusiness;economics; “Our studentsshouldtakecoursesoutsidethelawschoolinordertodevelopbroad

Stanford Lawyer / Fall 2007 3 Stanford_p2-6:1 trackingmigration.fall.0410/12/0710:18AMPage4 77 IN B Clinical Educationandassociatedeanforpublicinterestclinicaleducation. beyond,” saysLawrenceC.Marshall,theDavidandStephanieMillsDirectorof their ultimatecareerpath,totakeonprobonoworkwhileatlawschooland the SocialSecurityAdministration. approved SocialSecurityDisabilitybenefits,orclaimstocollectoverpaymentsby face denialsoftheirSocialSecurityDisabilityclaims,terminationpreviously Court, andleadcommunityoutreachefforts.Thefocuswillbeonindividualswho before theSocialSecurityAdministrationandinappealstoFederalDistrict detailed intakeinterviews,representclientsatadministrativereviewhearings law schoolandinneedoflegalrepresentationfortheirSSIappeals,”saysDouglass. large numbersofdisabledhomelesspeoplewhoarerightonthedoorsteps provides housingandservicesforthehomeless. day clientsoftheOpportunityCenterMidpeninsula,aPaloAltofacilitythat attorney whojoinedthelawschoolinApril.Theprojectisaimedatresidentsand claims, theprojectisdirectedbyLisaDouglass(BA’93,MA’94),apublicinterest Law. ProvidinglegalservicestoindigentclientswithSocialSecuritydisability this fallbytheJohnandTerryLevinCenterforPublicServiceInterest thanks totheStanfordLawSchoolSocialSecurityDisabilityProjectlaunched SLS STUDENTSNOWHAVEANOPPORTUNITYTODO Project Established SLS SocialSecurityDisability Lang ProfessorofLawandDean community, leadtheLevinCenter intoaneweraofactivity,”saysLarryKramer,Richard E. Susan Feathers,whosework hashadfar-reachinginfluenceinthepublicinterest legal human rightslaw,mostrecentlyservingasco-counselonalawsuitbroughtbehalfofAbuGhraib Impact ofMandatoryProBonoonPost-GraduationCareerChoices. ABA ProBonoPublicoAwardandinspiredFeathers’srecentpublication, While theresheoversawtheschool’sprobonorequirement—aneffortthatearnedPennLawan after directingtheUniversityofPennsylvaniaLawSchool’spublicserviceprogramfornineyears. and TerryLevinCenterforPublicServiceInterestLaw,FeatherscomestoStanford Levin Centerwillco-sponsorasymposium, series, amentor-in-residenceprogram,andtrainingforpro bonosupervisors.InFebruary,the on SocialSecurityDisability[seeabove],aPublicInterest AwarenessWeek,afacultyspeaker projectfocused law. Growthplans forthe2007-2008academicyearincludeanin-houseprobono SUSAN J.FEATHERS SUSAN J.FEATHERS “This projectwillhelpimplementourgoalofencouragingstudents,nomatter Under Douglass’ssupervision,studentsandvolunteerattorneyswillconduct “The openingoftheOpportunityCenterinPaloAltolastyearhighlighted LEVIN CENTERNAMESNEW Stanford Law’slongstandingcommitmenttopublicservice and publicinterest Legal ServicesofPhiladelphia. including theAmericanCivilLibertiesUnionofPennsylvaniaandCommunity detainees. Additionally,sheisexecutiveboardmemberofseveralorganizations established earlierthisyeartogivefocusandprovideaplatform forexpanding careers makesitanewfrontierforlegaleducation.” financial commitmenttoclinicallegaleducation,probono, and publicinterest community,” saysFeathers.“Stanford’sdeepandabiding philosophical and EXECUTIVE DIRECTOR is passionateaboutpublicservice. . Education asaCivilRight. in-house probonowork, • “I amhonoredtojointheStanfordLaw • The newexecutivedirectoroftheJohn Feathers hasalsotaughtandpracticed • • “We arethrilledtohave LISA DOUGLASS The LevinCenterwas (BA ’93,MA’94) Pedagogy ofService:The governance issues. series ofwebcastsexploring committee willlauncha anreport, theClapman www.law.stanford.edu/clapm which ispubliclyavailableat investors,” saysGrundfest. among institutional conversation takingplace of anewandimportant the ClapmanReportispart a topmanagementpriority, eventually ledtoitbecoming governance 10yearsago discussions aboutcorporate Retirement System. California PublicEmployees’ officer andgeneralcounsel, former deputyexecutive counsel atJonesDayand and RichardH.Koppes,of for CorporateGovernance; director oftheRockCenter Business andafaculty Franke ProfessorofLawand Joseph Grundfest’78,W.A. counsel ofTIAA-CREF; former chiefinvestment chairman PeterClapman, including committee in institutionalinvesting, some ofthebiggestnames Fund Governanceincludes trustees andconsultants. conflicts ofinterestbetween investment reportingto that rangefromfraudulent serious governancelapses Report, attempttoaddress known astheClapman practice principles,also charitable funds.Thebest pension, endowment,and standards formanaging in Junereleasednew hosted byStanfordLaw,that Investors’ Forum(SIIF), of theStanfordInstitutional do” dilemmawasthefocus vigilant atself-governance. they haven’talwaysbeenas owned corporations.But the managementofpublicly tremendous influenceover Institutional investorswield on PensionReform Experts TurnSpotlight Stanford Governance Following thereport, “In thesameway The SIIFCommitteeon This “doasIsay,not Stanford_p2-6:1 trackingmigration.fall.0410/12/0710:18AMPage5

OPPOSITE: JOE NETO; THIS PAGE: GREG CLARKE RIEF MINORITY LAWYERSINITSRANKS, PROFESSION ARESERIOUSABOUTBOOSTINGTHENUMBEROF even thoughtheymakeup24.9percentofthepopulation. minorities accountforonly9.7percentoflawyersintheUnitedStates, worse asyougofurtheralong.”AccordingtotheAmericanBarAssociation, underrepresented minoritiesateachlevelofeducation,”shesays.“Itgets “There areleaksintheeducationpipelinethatmeanfewer Sanchez ’06,anassociateatFarellaBraun+MartelinSanFrancisco. and afinancialaidworkshopforstudentsparents. discuss practiceareasandinterestingcases;collegeapplicationseminars; opportunities thatincludeFridaylunchmeetingswithfirmattorneysto paralegal, library,andrecruitingdepartments—witheducational Sanchez. Itcombinespaidwork—completingadministrativetasksinthe encourage themtothinkthatthey’recapableofgoinglawschool,”says District achancetoexploreworkinginthelaw.Theprogramaims“to offers fiveminoritystudentsfromtheSanFranciscoUnifiedSchool School LawClerkProgram,heldoversixweeksduringthesummer,that sobering datainmindSanchezlaunchedtheFarellaBraun+MartelHigh AIMS TOINCREASENUMBEROF NEW YOUTH PROGRAM I (directorscollege.com) hasbecome thepremierprogramfordirectoreducationincountry. pension fundsandcorporations. Nowinits13thyearatStanfordLaw,Directors’College law, andformerHPChairmanPatricia Dunn,whosetalksurveyedthecomplexrelationshipbetweenpublic about newdirectorandshareholder paradigmsandhowtheseshiftsarebeginningtobereflectedin case falling now.” purported doomoftheU.S.capital markets,”shesaid.“Buttheskywasnotfallingin1933,anditis not eerily similartotherecentreports’direpredictionsabout effectsofSarbanes-Oxleyandthe marketplace bypointingtoavintage requirements andexcessivesecuritiesregulationarehurtingAmerican competitivenessintheglobal Thomsen, directoroftheSEC’sDivisionEnforcement,responded tocriticismthatSarbanes-Oxley from theregulatorsandimplementersratherthanlawitself.” “Of coursethere’sbeenoverreaction[tothelaw],”hesaid.“Iwould arguethattheoverreactionhascome some positiveeffects. fraud inthepastdecade—noting,however,reformsthatfollowedscandalslikeEnronandWorldComhad Munger focusedmuchofhisannualbreakfastspeechonthe“simplyawesome”amountaccounting CORPORATE DIRECTORSANDCEOS STILL BEINGDEBATEDATTHISYEAR’SDIRECTORS’COLLEGE,WHICHDREWNEARLY400 THE WAVEOFCORPORATEACCOUNTINGSCANDALSMAYHAVESUBSIDED,BUTITSEFFECTSWERE Landscape Governance Directors’ College2007ExaminesChanging examining governanceissues. Securities Actof1933. indicators thatSarbanes-Oxleyhasachieveditsgoalofre-establishing investorconfidenceinmarkets. showing investorconfidencelevelsatafive-yearhighandthe overall strengthoftheeconomyas Congressman MichaelOxley(R-Ohio),alsoweighedin.Duringhis keynote speech,hecitedrecentpolls caveat: “It’slikeshootinganelephantwithapeashooter.” MINORITY LAWYERS F MEMBERSOFTHELEGAL they needtostartearly,saysSonya • Other speakersincludedDelaware SupremeCourtJusticeJackB.Jacobs,whospoke • • “I thinkSarbanes-Oxleyhasdonemoregoodthanharm,”hesaid,thenaddingthe “The predictionsofdisastermadeinthe • With characteristicwit,BerkshireHathawayViceChairmanCharles • With this Fortune to thelawschoollastJunefortwodaysoftalksandsessions • article offeringtheexactsamecondemnationabout Fortune • • The co-sponsoroftheact,former One suchregulator,LindaChatman article nearly75yearsagoare •

Stanford Lawyer / Fall 2007 5 Stanford_p2-6:1 trackingmigration.fall.0410/12/0710:18AMPage6 77 IN BRIEF that everydecisionyoumakewillbeyourown.” hierarchy overyourheads.Butstillitwillbetrue,beginningwiththefirstdecisionyoumake, offices; youmayspendyourdaysdoingdocumentreview.Youhavesixlevelsof nerve hadheld.” down theroadandlookbackatyourselves.Don’tleaveyourselveswishingasIdidthatyour memories ofpracticearethosedaysmynervefailed,”hesaid. career whenhesuccumbedtopressuredropacasefeltcouldwin.“Myworst “THANK YOUALLFORYOURINVITATIONTOSPEAKTODAY. have isnottodecide.” face choicesthattestyournerve.AndyouwilllearnasIdidoneoptionnever who receivedthehonorin1999and2003. Hurlbut award,whichischosenbyavoteofthegraduatingclass.ThisthirdforFisher, the StanfordLawSchoolfacultyin1995andnowteaches his experience,muchofitgainedduringtenureasaMassachusettsprosecutor.Hejoined Award forExcellenceinTeaching,Fishersharedwiththeassembledgraduatesbenefitof Judge JohnCrownProfessorofLawandrecipientthisyear’sBinghamHurlbut world’s doorstep.” honored tobeasked.Itisateacher’shighestprivilegeaddressclassasitstandsonthe school’s CriminalProsecutionClinic. WINS HURLBUTAWARD • • Fisher said,“Youwillberookies.Youmayhavecheapdesksinbad GEORGE FISHER With thatGeorgeFisherdeliveredhisaddresstotheClassof2007.The • He urgedgraduateswhofacetoughdecisions“towalkafewsteps • Class co-presidentSarahGilbert’07bestowedthe • In his speech, Fisher told of a time early in his in early time a of told In his speech, Fisher years ofservicetothelawschool. Marie B.SweitzerProfessorofLaw(emeritus),isthankedforhis36 BOTTOM LEFT: BOTTOM RIGHT: TOP RIGHT: TOP LEFT: Graduation 2007 co-president SarahGilbert’07. ’85 (BA’80)ispresentedwiththeStaffAppreciationAwardbyclass raised $77,000fortheclassgift. chosen tospeakbyvoteofhispeers,announcedthattheClass2007 Evidence • “Not longfromnow,you’ll and directsthelaw I wastouchedand Dean LarryKramerattheceremony Class co-presidentBretLogue’07(BA’99),whowas Thomas C.Grey(BA’63),NelsonBowmanSweitzerand Associate DeanforStudentAffairsCatherineGlaze delivering hiskeynotespeech Professor GeorgeFisher

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office and offered to step down as chair of the ISO board. To his surprise, he was asked to stay on another 15 months MAKING TIME and finish his term. FOR GOVERNMENT SERVICE: MICHAEL KAHN Politics and Cartoons Kahn also makes time to pursue another of his passions: collecting political cartoons. He is the author of the recently published Political Cartoons and Caricatures from the Collection of Michael Alexander Kahn, which describes 80 historically significant political cartoons and cari- W IN FOCUS hen California Gover- catures. The book, which catalogs items NOR GRAY DAVIS ASKED MICHAEL KAHN IF HE’D LIKE TO CHAIR THE that were exhibited at the Grolier Club in STATE’S ELECTRICITY OVERSIGHT BOARD, it sounded like an interesting New York last spring, is Kahn’s second volunteer opportunity—but not a particularly daunting one. “I took over in published collection. In 2005 he co- January 2000, and it was very sleepy,” recalls Kahn ’73 (MA ’73). authored, with H.L. Polhman, May It “Everybody said there was a surplus of electricity. Everybody said we were Amuse the Court: Editorial Cartoons of the going to be fine. Four months later, the roof fell in.” • A senior partner at Supreme Court and Constitution, an Folger Levin & Kahn in San Francisco, he has had an exceptionally assemblage of cartoons that appeared successful career as an attorney handling high-profile cases involving federal previously in Harper’s Weekly, Vanity Fair, 7 and state court proceedings. But Kahn also makes time for public service, and elsewhere. something he considers a professional and personal obligation. And, in his But these various interests and spare time, he is an avid collector of political cartoons and recently activities are connected. Kahn believes

published his second book of key works from his collection. • Kahn was that his cartoon collection helps him Stanford Lawyer / Fall 2007 hardly a stranger to the idea of public service. As a young lawyer, he keep his political and public service worked pro bono for San Francisco’s Legal Aid Society and helped activities in proper perspective. formulate the Northern California district court’s innovative alternative dispute resolution program. He has chaired state-level task forces on environmental insurance and unfair insurance business practices and just finished an eight-year term with the California Commission on Judicial Performance, which he also chaired. • “Right from the beginning, it just struck me that public service was something that a lawyer ought to do,” he explains. “I never really thought about it. It was just second nature.” • Working with the head of the state Public Utilities Commission, Kahn immediately prepared a report for Davis analyzing what had gone wrong with deregulation and offering possible solutions. Impressed by what he read, Davis tapped Kahn to head the newly minted California Green Energy Team, charged with streamlining state regulatory processes that had hindered power plant construction. Kahn went on to chair the California ISO (Independent System Operator) board of governors. “The more I learned, the more I became part of the governor’s apparatus to deal with this incredible crisis,” Kahn marvels. “I talked to people at the White House. I negotiated with the utilities. I spoke to the press “The cartoons are a warning that when I had to. It was really an interesting process.” •Democrats people shouldn’t take themselves or the apparently weren’t the only people impressed with Kahn’s work. After situations they’re dealing with too

SL MICHELLE MCCARRON Davis’s recall in 2003, Kahn went to Governor Arnold Schwarzenegger’s seriously,” he says. Stanford_p8-9:1 tracking migration.fall.04 10/12/07 10:19 AM Page 8

Once the applications are in, the waiting begins. Some are lucky enough to be granted an interview and then offered the position while their graduation gowns are still warm. Class CLERKING AT of 2007 graduates Jameson Jones, THE SUPREME COURT David Thompson, and Lindsey Powell By Randee Fenner (BA ’75) have already heard that they will be Lecturer, Stanford Law School clerking at the Court in the 2008–2009 term: Jones and Thompson for Justice Antonin Scalia and Powell for Justice John Paul Stevens. Others must wait a little longer. Chris Walker ’06 applied to all the justices in 2006 and didn’t get an interview. “Then, out of the blue I got a call to W interview with Justice Kennedy for the hen Sandra Day O’Connor following term, months before I thought ’52 (BA ’50) WAS APPOINTED TO THE UNITED STATES SUPREME COURT, SHE the interview cycle would begin,” says FAMOUSLY REMARKED THAT IT WAS “LIKE BEING STRUCK BY LIGHTNING.” • Walker. He interviewed in April and For those Stanford Law School graduates who are selected to clerk for a got an offer a couple of days later for the U.S. Supreme Court justice, the moment they learn of their good fortune 2008–2009 term. is similarly electrifying. And no wonder. Each year more than 1,000 Hearing the news that one has been applications are submitted to the Supreme Court for only 35 spots. • The selected for an interview kicks the position dates back to the late 1800’s when a Harvard Law School process into high gear, especially for 8 graduate was hired as a legal assistant to the Court each year. But as those who will meet with one of the Stanford Law School gained in prominence, so too did the success of its more demanding justices, such as graduates in securing a clerkship. Stanford Law School records date back Justice Scalia. According to one alum to 1949 when Warren Christopher ’49 clerked for Justice William who prefers to remain anonymous, the Douglas. And many have followed in his footsteps—from Marshall Small justice likes to meet with a candidate

Stanford Lawyer / Fall 2007 ’51 (BA ’49) to Alan Austin ’74 to Buzz Thompson JD/MBA ’76 (BA ’72) first for a 20- to 30-minute informal IN FOCUS to Susan Creighton ’84. And, of course, one famed former clerk rose to chat, which is relaxed and gives him a Chief Justice—the Honorable William Rehnquist ’52 (BA ’48, MA ’48), feel for his potential clerk’s personality who clerked for Justice Robert H. Jackson. Today, approximately 110 and legal reasoning. Stanford Law School alumni count themselves as former Supreme Court Then it’s time for the infamous “Scalia clerks. • Despite the prestige of these positions, details about Supreme clerk grilling,” which has been compared Court clerkships remain cloudy, much like details about the Court itself. by some to an oral final, the topic being Still, some light can be shed on the experience, thanks to a number of “law, all of it.” The Scalia clerks enjoy Stanford Law alumni who have served as Supreme Court clerks and who having a spirited tag-team debate with shared a few of their recollections with Stanford Lawyer. the candidate, covering everything from The application process for a Supreme Court clerkship is similar to statutory interpretation to stare decisis to that for any clerkship, assuming one has garnered the stellar grades and the background of the Constitution. extracurricular activities that are de rigueur for such a position. It is Walker also underwent a “clerk customary to apply to all the justices, according to Ben Horwich ’03, who grilling” before interviewing with had the unusual experience of clerking in the 2005–2006 term for Justice Justice Kennedy—but it didn’t dim his O’Connor and for Justice Samuel Alito following O’Connor’s retirement. memory of that first meeting. “We “I think,” Horwich recalls, smiling, “apart from being customary and talked substantively and personally, and respectful, applying to all the justices had the added benefit of allowing it was an incredible experience. Justice you to answer ‘yes’ to Justice O’Connor’s inevitable question, ‘Did you Kennedy is such a kind and caring apply to all the justices?’ She was very concerned that applicants treat the person and the interview was inspiring.”

process and the justices with that sort of evenhanded respect.” A phone call from the justice KATHERINE LAMBERT Stanford_p8-9:1 tracking migration.fall.04 10/12/07 10:19 AM Page 9

extending the offer is next. Kelly Klaus Cooper—reviewing petitions for experience I’ve ever had. I loved every ’92, who clerked for Justice Kennedy in certiorari and writing memos for the minute of it.” And Joshua Lipshutz ’05, the 1995–1996 term, says he’s sure “cert pool”; writing bench memos on who clerked for Justice Scalia in the receiving the call felt much better than pending cases and discussing cases with 2006–2007 term, notes that it exceeded being hit by lightning. Eric Feigin ’05, the justice; and assisting in drafting even his highest expectations. who is clerking for Justice Stephen opinions. Clerking has some more tangible Breyer (BA ’59) in the 2007–2008 term, As for the subjective experience, benefits as well. There are, for example, says that receiving the call “was kind of Horwich says, “In a way, it’s this those $250,000 signing bonuses recently surreal and definitely took a while to amazing thing to be advising the top reported by The New York Times, which sink in.” David Cooper ’04, who clerked judges in our country on the biggest clerks receive when hired by certain law for Justice Kennedy in the 2005–2006 legal issues there are.” He adds, firms. And most former clerks report term, says he felt a little stunned: “Not however, “On another level, it is just experiencing a “halo effect,” a feeling quite struck by lightning, more like a big your job. And at the end of it all, you are that they are accorded instant shot of static electricity.” only there for a year and then you move intellectual respect and given better Strict rules of confidentiality prevent on. You are just a small part of it all.” opportunities—or the opportunities the clerks from sharing much detail Still, clerking at the Court has come sooner—than they otherwise about their actual work at the Court. In unquestionably been a highlight of these would. Klaus agrees but adds a general, however, there are three main alums’ legal careers. Klaus says, “It was cautionary note: “It certainly is a aspects to the job, according to the most rewarding professional powerful door-opening credential. What you do after you walk in the door, of course, has nothing to do with that clerkship or any other.” But can anything really compare with clerking for the Supreme Court? Julian Davis Mortenson ’02, who 9 clerked for Justice David Souter in the 2003–2004 term, says, “It was an amazing time, but you move on and start looking to contribute in new ways.” Klaus and Horwich echo that sentiment, both doubting that clerking would stay Stanford Lawyer / Fall 2007 as interesting and challenging over the long haul as practicing law. In contrast, Thompson and Michelle Friedland ’00 (BS ’94), who clerked for Justice O’Connor in the 2001-2002 term, say they can’t imagine anything more exhilarating than clerking at the Supreme Court—other than perhaps actually being a Supreme Court justice. Such an outcome for any of these clerks certainly would not be all that shocking. SL

RECENT SLS SUPREME COURT CLERKS INCLUDE MICHAEL MONGAN ’06 (BA ’01) (JUSTICE SOUTER, 07/08), ERIC FEIGIN ’05 (JUSTICE BREYER, 07/08), RACHEL KOVNER ’06 (JUSTICE SCALIA, 07/08), JOSHUA LIPSHUTZ ’05 (JUSTICE SCALIA, 06/07). Stanford_p10-11:1 tracking migration.fall.04 10/12/07 10:19 AM Page 10 Stanford_p10-11:1 tracking migration.fall.04 10/12/07 10:19 AM Page 11

Day 2: The plan seemed to be working. Brian was driving; Lisa was resting; and I (Mel) was chattering nonstop (or so I was told) to keep Brian awake. However, suddenly we ran into SEVERE fog just beyond Cleveland. We REMEMBERING A CROSS- couldn’t see the sides of the road and drove one COUNTRY JOURNEY TO reflector at a time. They drove all day, often into the night LAW SCHOOL as they sped through the middle of the By Sharon Driscoll country on their westward trek. They ate at Denny’s, filled up on coffee, and played road games to pass the time. Days 3 & 4: List of things we have seen: fog, construction workers (Is there any road not being fixed??), a billboard saying, “Are you the father? Dial 1-800-DNA-TEST to find out.” IN FOCUS They took time to do some sightseeing D too. All agree that Utah had some of the ear Faye, We just arrived in most beautiful scenery. Iowa City and wanted to give you an update. • So began the summer of 1997 Day 5: Arrived in Utah. Bought burgers, e-mail correspondence to Faye Deal, associate dean of admissions and brats, and assorted beverages and headed to one financial aid, from four newly admitted members of the class of 2000 on a of the most spectacular sites on the planet: cross-country journey to Stanford Law School. They were four strangers Arches National Park. Grooved to the sunset, with the same mission: to move themselves and their belongings to school. cooked out, and contemplated the meaning of Packed tightly into a Jeep Cherokee and a 24-foot diesel truck, they took a life under the grand backdrop of the Milky 11 chance and shared the ride.• It has been 10 years since their trip and time Way. It was way Shirley MacLaine. has marched on for the group. Brian Johnson now directs the California “We piled into my Jeep and went off- Water Project for Trout Unlimited; Mel Schwing is an attorney at O’Mel- roading in Arches National Park. It really veny & Myers LLP; Mike Strauss is an attorney with the International was spectacular. And we finally agreed to Monetary Fund; and Lisa Horwitz is a litigator with Manatt, Phelps & listen to one of Mel’s music picks, the score Phillips. Today they remember the trip fondly, agreeing that it was not only from Raiders of the Lost Ark. It was the perfect Stanford Lawyer / Fall 2007 a great way to make friends before the start of studies but also a foreshad- piece to go with the scenery,” recalls Mike. owing of the close-knit community that awaited them at Stanford. • It was a “Seeing how perfect a choice that was, we technological chance encounter that started it all. E-mail was still a new gave Mel carte blanche to choose the next communications tool in 1997 and through a series of mishaps newly admit- part of our desert journey soundtrack, but ted students were given each other’s e-mail addresses. Conversations en- he quickly lost all privileges when he sued and the road trip group was formed. • “Mel, Brian, and I met once be- whipped out the theme from Ice Castles.” fore the trip. We had been e-mailing about arrangements. I was going to Day 6: Alas, all was not perfect. We soon D.C. anyway and they lived there, so we met. My goal was to make sure discovered that Utah is as lousy for late-night they weren’t serial killers,” recalls Lisa. fun as it is wonderful in the great outdoors. The Day 1: Our troubles began when Brian arrived to pick up the truck from Ryder. bar kicked us out before midnight and the hot They did not have the truck we reserved and we were forced to accept a larger truck tub was closed when we returned to our hotel. (about 16 square feet larger). So now we’re driving around in a 24-foot monster truck. They headed to Vegas for some fun. While friendships formed on the trip, not all the members of the group But Mel, the group’s self-proclaimed were an obvious match. “I was more conservative then, and Brian was liberal. worst driver, was at the wheel. And I wasn’t cool, he was. But I remember him saying, ‘This is great because “There I am,” says Mel, “driving down I would not have been friends with you were it not for this trip,’” recalls Mel. the strip in a 24-foot monster truck. And “There wasn’t a whole lot to do driving through Nebraska other than talk,” we didn’t have a reservation, so we de- muses Lisa, who remembers that the house Brian and Mike shared at Stan- cided to check out Caesars Palace and

CALEF BROWN ford Law became a frequent meeting place during school. PLEASE SEE PAGE 92 Stanford_p12-13:1 tracking migration.fall.04 10/12/07 10:20 AM Page 12

“I was in the library a lot—but I wasn’t always studying law,” he says. They were soon joined by another Stanford student, Owen Tripp (MBA THAT STANFORD THING: ’08), introduced to the team by a mutual THE STORY OF A STARTUP AND friend who thought there would be synergy. When they met at the Happy THE STUDENTS BEHIND IT Donuts on El Camino, there was. By Sharon Driscoll Tripp, who developed software at eBay before starting his MBA, describes the meeting as “totally Stanford, totally Silicon Valley.” “There’s a kind of beautiful way that the people on campus will know each other—and get to know each other,” he says. “There are lots of great law W schools; there are lots of great business hen Ross Chanin ’09 schools. But this community of Stanford arrived AT STANFORD LAW SCHOOL IN 2006, HE HAD MUCH MORE ON HIS MIND is the single most entrepreneurial place THAN HIS FIRST YEAR OF LEGAL STUDIES. He had a plan—a business plan in the world. It’s why I came here.” developed with friends to start a company that would address privacy Still working from their laptops and rights, slander, and individuals’ control of their information in the smoke apartments, they launched the company and mirrors world of the Web. Barely a year later that company, in October 2006 with two products— ReputationDefender, seems to have hit a nerve with the public as people MyReputation and MyChild—that across the country and throughout the world have come to the realization provide monitoring services that scour 12 that their Internet identity is their identity and—knowing that— the Web, aided by the company’s protecting it is vital. • The genesis of the company is a familiar one: a powerful search technology. The results couple of friends bouncing ideas around. It was Chanin’s friend, Michael are often surprising. “It can be quite Fertik, who first posed the question to Chanin in April 2006: “Did you discomforting to see how much know that there are pictures of my girlfriend on the Internet?” information is out there about you,

Stanford Lawyer / Fall 2007 The two saw a norm developing: people looking to the Web for especially because we know that for IN FOCUS information on individuals for just about any reason—from job and every search online, one in three is of school applications, to apartment lease agreements, to prospective dates. people,” says Chanin. “Today, 77 percent of executive recruiters are vetting candidates The service is offered monthly, much online and of that number 35 percent did not take a candidate because of like a credit report. If a client discovers what they found out online,” says Chanin. “And our research tells us that untrue or dated material and wants it for a college-educated individual, it’s probably closer to 90 percent of removed, ReputationDefender’s service employers who are looking online at job candidates. The implication of agents write to the Web host, politely this information about you on the Web is far reaching.” asking that it be removed. Calls often They ran with the idea. During the summer before law school began, ensue and, in some cases, clients are Chanin dove into the project, working with Fertik to develop the company’s referred to legal counsel for more business plan. Fertik, now the company’s CEO, had been around the serious persuasion. The team decided startup block before. As a budding entrepreneur, he started a technology early on that it should not get into the company while still in his junior year of history and English studies at legal business, preferring to develop a Harvard—and sold it before he entered his first year at Harvard Law. network of referral firms. By the time August 2006 rolled around, Fertik and Chanin had But that a company like this was enough angel investment in place for Fertik to turn down a job offer at a started by lawyers is no accident. Silicon Valley firm and focus full time on managing development of the “The way in which the Internet is company’s software and website. Meanwhile Chanin tried to focus on his used is constantly evolving and the law first year of legal studies, while working with Fertik in every spare just has not kept up,” says Chanin, citing

moment he had. Section 230 of the Communications LENNY GONZALEZ Stanford_p12-13:1 tracking migration.fall.04 10/12/07 10:20 AM Page 13

Decency Act of 1996, which effectively believed that the postings had hurt their these goals by cleaning up the most- gives immunity from liability to any chances of finding employment. That often viewed first few pages of an Internet publisher or reproducer of case is now in the courts. Internet search. And for those who have information. As long as the site host did Chanin and his team are familiar no Internet persona, which can be an not create the material, there is not only with the AutoAdmit case; some of the issue in itself, the company will help no liability for it but no legal incentive to victims sought their assistance. When develop one. Though not cheap— take the material down, he adds. ReputationDefender comes up against MyEdge pricing starts at $10,000—the This legal dilemma was brought website operators like AutoAdmit, a service can be a PR tool for executives, clearly into focus earlier this year when creative workaround is sometimes politicians, and companies—all wanting several women law students realized that needed. That’s where another of their their “Google handshake” to be the widely read legal message board, services, MyEdge, comes in. impressive. Here the technology AutoAdmit, contained untrue—and MyEdge, launched in January 2007, developed by ReputationDefender helps anonymous—postings about them. serves several kinds of clients. Some to ensure that the information the client Taking a hard free speech line, the site’s want information removed, while others wants seen by the public pops up early founder and operator refused to take the want active reputation management that in a search. offending postings down. Coverage of the highlights their most important Last December, the team celebrated a case revealed that some of the women accomplishments. MyEdge achieves milestone as it moved into offices on the outskirts of Menlo Park. Already a bit cramped, the team has steadily expanded—it now numbers more than 25 full-time employees. These are heady days for Chanin, Fertik, Tripp, and the staff. Google ReputationDefender and you quickly see it cited in reports in the Washington Post, NPR, the BBC, and 13 elsewhere. And at last count, the service is offered in 21 countries, from Germany to Sweden to South Africa. While the team and client list grow, the founders aren’t resting on their laurels. Tripp talks excitedly about Stanford Lawyer / Fall 2007 the launch of their newest product, MyPrivacy, which, he says, will erase from the Web private information such as telephone numbers, Social Security numbers, names of relatives, e-mail addresses, and home addresses—all the key pieces of information for which identity thieves and uninvited marketers search. “It’s unbelievable—some 139 million Americans have registered with the ‘Do- Not-Call Registry.’ People want their privacy back, and this service should go a long way in helping to give them that,” he says. SL

ROSS CHANIN ’09 AND OWEN TRIPP (MBA ’08) OUTSIDE THE REPUTATIONDEFENDER OFFICE IN MENLO PARK Stanford_p14-15:1 tracking migration.fall.04 10/12/07 10:20 AM Page 14

entering professions in which no one works alone or solely in one discipline—and in which they must be able to spot and solve problems that cut JOINT VENTURE: across multiple fields. REAL-WORLD LESSONS FROM Grundfest ’78, W. A. Franke THE VALLEY’S EXPERTS Professor of Law and Business, puts it By Amy Poftak (BA ’95) in the context of his class: “To be a successful VC lawyer you need significant expertise in corporate law, securities law, intellectual property law, employment law, and compensation law,” he says. “It also helps to understand your client’s technology and to be a great business person, financial O analyst, management motivator, and n a Friday morning in group psychologist.” SILICON VALLEY, A HIGHLY CAFFEINATED, 20-SOMETHING ENTRE- This multiplicity of expertise is PRENEUR IS HUDDLED WITH THE INVESTOR he’s hoping will save his reflected in the practitioners Grundfest struggling Internet startup. They’re trying to hash out a “down-round”— invites as guest speakers. For example, the kind of deal resorted to when a company’s value has fallen since the the legendary John Doerr and his previous round of financing. • It sounds like a scene from a Sand Hill colleague John Denniston from Kleiner Road boardroom, and it could be. But in this case, the entrepreneur is a Perkins Caulfield & Byers lecture on third-year law student and the investor is a second-year business student. how to identify and valuate portfolio 14 The setting is Professor Joseph A. Grundfest’s Venture Capital class, companies. Dan O’Connor and Brooks composed of students pursuing JDs, MBAs, or, in many cases, both. Stough JD/MBA ’80 (BA ’76) from And the negotiation coaches are some of the biggest names in the Valley, Gunderson Dettmer address the including Silver Lake’s Alan Austin ’74, Fenwick & West’s Gordon nuances of down-round financing, and Davidson ’74 (BS ’70, MS ’71), Sutter Hill Ventures’ Jim Gaither ’64, Fenwick & West’s Scott Spector

Stanford Lawyer / Fall 2007 and C2C Ventures’ Craig Johnson ’74. discusses employee compensation issues. IN FOCUS As part of the law school’s movement to educate students more “I make a list of the best VC people broadly with courses and degree programs that complement the in the world and because of our location traditional legal curriculum, Venture Capital represents an increasingly at Stanford we can actually get them to familiar sight at the law school: a cross-disciplinary course that teaches show up in class at 8 o’clock on a Friday hands-on skills while simultaneously providing an advanced theoretical morning,” says Grundfest. perspective on a cutting-edge area of law. [To read about Stanford Law’s One such luminary is Alan Austin. joint degree expansion, see “In Brief,” p. 3.] Standing before the class last January, Toward that end, the law school is offering nearly a dozen cross- Austin marched students through the disciplinary courses this year. From negotiations classes that involve law, various ways venture capital and private business, and engineering students to simulation courses in which law equity funds can be organized. Along students work with peers from the natural and social sciences to prepare the way he identified key issues that mock witnesses, there’s growing recognition that today’s students will be investors and their lawyers need to be acutely aware of—for example, how to structure funds so they comply with relevant securities laws but remain as tax-efficient as possible. “In the real world, the problems that lawyers face don’t have a bow wrapped around them. It’s not just a ‘tax problem’

or a ‘securities problem.’ The class STEVE GLADFELTER Stanford_p14-15:1 tracking migration.fall.04 10/12/07 10:20 AM Page 15

JOHN DENNISTON (LEFT) FROM TOP TO BOTTOM: JOHN DOERR, PROFESSOR JOSEPH GRUNDFEST ’78, A STUDENT PRESENTING TO THE CLASS, ALAN AUSTIN ’74 WITH A STUDENT, AND GORDON DAVIDSON ’74 (BS ’70, MS ’71) JIM GAITHER ’64 (RIGHT)

he grappled with during the class came in handy when he went to pitch them to real-life venture capital firms. Paul Vronsky ’08 found the class similarly useful as a summer associate at Gunderson Dettmer’s San Francisco office, where his work spanned issues ranging from fund formation to 15

teaches students how to synthesize and deal with multiple dimensions of a problem,” says Austin. Over the course of the spring Stanford Lawyer / Fall 2007 semester, Grundfest combines lectures like Austin’s with case studies, research projects, and opportunities to gain transactional skills that include writing a company charter and negotiating a term employee benefits. “The firm and the sheet—the all-important document that class match really well,” he says. outlines the deal between the Of course, it also helps to have entrepreneur and the venture capitalist. Grundfest, a former SEC commissioner Grundfest says the latter exercise is nationally known in finance and legal indispensable for preparing students, circles, as your teacher. “He has a many of whom go on to venture law unique ability to turn any complicated practices in Silicon Valley, to be matter into something you can business lawyers. “It’s one thing to sit expectations of where the business will understand,” says Ross. “I advise and read articles about the construction wind up in two to six years.” classmates who don’t think they’re of preference provisions,” he notes. A former Navy intelligence officer interested in capital markets or finance “But it’s an entirely different who now works at Lehman Brothers in to take a class with Professor Grundfest experience to sit down and negotiate Menlo Park, Joe Edelheit Ross ’07 because when they’re practicing law preference provisions and figure out found himself involved in three different they’re going to have to understand how they relate to anti-dilution startups during his time at law school. those things—and he’ll make them provisions and to the client’s He says the legal and financial problems interesting.” SL Stanford_p16-23:1 trackingmigration.fall.0410/12/0710:21AMPage16 16 The

Stanford Lawyer / Fall 2007 PLUS SUBSTANTIAL BONUSESSTRAIGHTOUTOFSCHOOL, m Changing Changing OF ALLAMERICANS.WHILESUCHAFFLUENCE CANNOTBE ASSOCIATES JOININGMAJORFIRMSCANNOWEARN$160,000AYEAR BEATEN INALMOSTANYOTHERPROFESSIONAT SUCHANEARLY STAGE, AN INCOMETHAT AUTOMATICALLY PUTS THEM INTOTHETOP10PERCENT of of Business according toavarietyofexperts andpractitioners. evolving rapidlyandthatevolution ishavingbothpositiveandnegativeeffects, from $450toashigh$1,000 per hour.Whatisclearthatthebusinessoflaw is notclearhowlongfirmswill beabletobilloutatcurrentrates,somerunning prospects. Andwithpressuresonlegalfeesfromcorporateclients suchasCisco,it crushing workloads,poorjobsatisfaction,anddiminished long-termcareer companies today. or not,hisassertionsaremakingheadlinesandalready arealityinsome opinions havemadehimascourgetosomeandprophetothers.Butlike lawyering anever-less-expensiveproposition.Chandler’81acknowledgesthathis outmoded andthatonlinetechnology,ofthekindhiscompanysells,willmake in awidelydiscussedspeechthatthebillable-hourssystemofmajorlawfirmsis The generalcounselofCiscoSystemscreatedafurorearlierthisyearbyasserting benefits ofthatcompetition. the jobmarket—withgraduatesfromtop-tierlawschoolsreaping thefinancial in today’scomplexbusinessenvironmenthasheatedupcompetition fortalentin automation ofkeybusinessprocesses.Atthesametime,demand forlegalexpertise for less.Toachievethis,everythingisonthetableincluding outsourcingand • ark Chandlerdoesnotshyawayfromcontroversyeasily. Law firmsareunderincreasingpressuretoproducemore THERE ISACOSTTOSUCHSUCCESS. La • But thesesameassociatesarecomplainingabout w ILLUSTRATION BYTAVISCOBURN JEFFREY H.BIRNBAUM BY Stanford_p16-23:1 tracking migration.fall.04 10/12/07 10:22 AM Page 17 Stanford_p16-23:1 tracking migration.fall.04 10/12/07 10:22 AM Page 18

“IT’S REALLY ABOUT SELF-DETERMINATION AND CONTROL, SOMETHING YOU DON’T HAVE WORKING IN A FIRM.” Kate Frucher ’00 Stanford_p16-23:1 trackingmigration.fall.0410/12/0710:22AMPage19

GRANT DELIN makes aprofit. how itstayswithinthatlimit andalso then leavesittothelawfirm todecide ended billablehoursmethod. Chandler eschewing thetraditional,oftenopen- transaction feewithoutsidecounsel, solution atCiscoistonegotiateaper- other partofthecorporation.The managed ascostcentersjustlikeany ments liketheoneherunsarebeing into the21stcentury.” of themedievalguildsystemtosurvive sometimes seemstobe“thelastvestige then addedthatthelegalindustry he said.“Thecenterwillnothold.”He unhappy lawyersandclients,” “The presentsystemisleadingto Annual SecuritiesRegulationInstitute. speech totheNorthwesternLaw’s34th his “StateofTechnologyintheLaw” In January,Chandlersparednoonein Washington Post Post Washington behind Ms.JD.,thegroupwasestablishedasareactiontoMarch7 Menaka Kalaskar’09andstudentsfrommanyofthesameschools the profession.Co-foundedinApril2007byStanfordLawstudent formed toprovideaclearinghouseforprogressivesuggestionson women canbettercopeinthelegalprofession. community, calledMs.JD,whichoffersideasandtipsabouthow University, andYale,amongotherschools,mettolaunchanonline University ofChicago,Harvard,theMichigan,NewYork JD—to spearheadthisissue. students whorecentlyjoinedforcestoformoneorganization—Ms. IT’S CLEARTHATWOMENWANTTOBELAWYERS. ’07, whonotesthatRossChanin’09,alsoafoundingmemberof single organization,”saysMs.JDpresidentElizabethPederson that reasonbothgroupswereexcitedtomergeeffortsintoa “Ms. JD”name.“Ourmissionswereverymuchaligned,andfor Internet messageboard. reported attacksagainstwomenlawstudentsonananonymous comprise only30percentofallpracticingattorneys. who makeittopartnership,andalsowhytheABAreportsthatwomen explain, inpart,whyarecentNALP(TheNationalAssociationforLawPlacement)studyfoundthatwomentotalonlyabout17per year associatesarewomen.Yetbythetimetheybegintheirthirdinpractice,nearlyhalfhavedepartedlawfirms. half thetotalnumberofstudentsenteringandgraduatingfromlawschools.AndaccordingtoanABAreport,approximately44pe Chandler warnedthatlegaldepart- Much likeMs.JD,theWomen’sLawSchoolCoalition(WLSC)was In March2006,lawstudentsfromStanford,Cornell,the What todo?Plenty,accordingtwogroupsofenterprisinglaw The twogroupsmergedmonthsagoandwillcarryonthe A NewBusinessModel? article, “HarshWordsDieHardontheWeb,”which A CHANGINGLANDSCAPE? At leasttheywanttobelawyerswhenenterlawschool.Eachyear,womencompriseroughly associates developedanInternet-based proselytizes about.Oneof its young types ofInternetadvancesthat Chandler ways tosavemoney,often using the work—either way,”Davidsonsays. savings. “Itcan’tbetoorigidoritwon’t return, andthefirmisstrivingforcost out todepriveitslawfirmofareasonable be “flexible.”Inotherwords,Ciscoisnot ledge isatestamenttotheirwillingness the arrangement,whichtheyacknow- into eachproject. for itselfhowmuchmanpowertothrow billable hourssheetandFenwickdecides over agivenperiod.Cisconeversees overall feetocoverarangeoflegalissues acquisitions andhasworkedoutan represents Ciscoonitsmanymergersand Davidson ’74(BS’70,MS’71).Fenwick fellow StanfordLawgraduateGordon Fenwick &West,whichischairedby And Fenwickhasfoundcreative Both menprofesstobehappywith Such adealisnowinplacewith WOMEN INLAW: different perspectivescancreatechangeinplacesofemployment.” together inaforumlikeMs.JDtothinkaboutsolutionsandshare gender equalitywithinourprofession.Justtheprocessofcoming important toworktogetherfindabetterwayachievesustainable affect thesuccessofalllawyersineveryaspectpractice,andit’s supportive, Pedersonsays.“Theretentionandpromotionofwomen technical assistancetostartthesiteandcontinuesbevery the sponsorsofanupcomingWomeninLawLeadershipAcademy. conference onwomeninthelegalprofessionlastMarchandisamong interest jobs.Italsoco-sponsoredwithYaleLawWomenanational summer thegroupofferedscholarshipstowomenworkinginpublic jobs, accordingtoPederson. discussion groupsothatmemberscanexchangetipsandnetworkfor more informationpriortoacceptingemploymentoffers. offer firsthandaccountsoftheirworkplacessothatlawstudentshave to registermentorlawstudentsandnewattorneys.Thesementors network site,stillindevelopmentbutlaunchedbeta,allowslawyers information aboutgenderpoliciesatplacesofemployment.TheMs.JD WLSC, isnowaMs.JDboardmember. Stanford sponsoredtheMs.JDfoundingconferenceandoffered Ms. JD’sadvocacyeffortsextendwellbeyondtheInternet.Thispast The organizationwillalsocontinuetodevelopuseofitsInternet Ms. JDiscurrentlyworkingtoprovidelawstudentswithmore managers oflegalservices,”says Thomas. the clientsbecomemuchmore effective management systemforin-house clients, information directlyintoan online countries worldwide. with morethan12,000lawfirmsin125 (including Stanford’slawdepartment) nects morethan11,000in-housecounsel ing toThomas,SerengetiTrackercon- reports, anddocumentsonline.Accord- ments toprocessbills,budgets,status Melling ’94,whichenablelawdepart- founded byRobThomas’78andTom based platformslikeSerengetiLaw, more efficientlyisalsothegoalofWeb- house andoutsidecounselworktogether executives andattorneys.Helpingin- lawyers butalsobyCisco’sin-house sorts ofusefulwaysnotjustbyFenwick be generatedquicklyanddissectedinall on Cisco’sacquisitions.Thereportscan and time-consumingduediligencework template fordoingotherwisearduous “When outsidecounselprovideskey “When This attritionmay rcent ofallfirst- cent ofthose -JHB

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Stanford Lawyer / Fall 2007 the legalprofession. use technologytoimprovethe deliveryoflegalservices—by the mostcriticalissuesfacing legalprofessiontoday—howto Richard E.LangProfessorofLaw andDean.“Itaddressesoneof to happenonlyatStanfordUniversity,”saysLarryKramer, ordinary citizens. regulations—easier andmoreaccessiblenotjustforlawyers,but generating termsofusepolicies,orcomplyingwithtax tools thatmakestandardlegaltasks—suchasnegotiatingcontracts, problems. Inparticular,thecenterisfocusedonmethodologiesand Simply put,it’sputtingcomputersciencetoworkonpracticallegal research anddevelopmentof“legalinformatics”applications. outside academicandindustryexperts,thecenterispioneering graduate students,practicingattorneys,governmentofficials,and Engineering andStanfordLawSchool.Incollaborationwith in. CodeXisamultidisciplinarylaboratoryrunbytheSchoolof and moreinnovatively.” have aduty—toolongignored—toemploytechnologymoreeffectively TECHNOLOGY HASFUNDAMENTALLYTRANSFORMED is happening,”Chandlersays. industry, standardizationofinformation and legaldepartmentsalike. more than500membersfromlawfirms in thelegalprofessionandalreadyboasts the sitehascaughtattentionofmany to itswebsite.Whilestillindevelopment, in lesstimeandatlowercost,”according professionals deliverhigher-qualitywork execution servicestohelplegal “provides content,connectivity,and information andsharebestpractices—it Conceived asatooltoleverage co-developing withseveralcompanies. OnRamp, whichitinitiatedbutisnow collaboration websitecalledLegal information throughanotheronline firms whorepresentthem.” and lessonslearnedwiththemultiplelaw the focalpointforsharingworkproduct practices. Thispermitsthemtoserveas objective measurestoidentifybest the resultsachieved,cycletime,andother not onlywhattheyarespendingbutalso “For thefirsttime,lawdepartmentssee “CodeX isanentirelyuniquecollaborationofakindthatseems But thingsareshiftingquickly,andthat’swhereCodeXcomes “All aroundtheperipheryoflegal Cisco isleadinganefforttosharethat Outsourcing ofstandardlegal WHERE LAW AND TECHNOLOGYINTERSECT • Joshua Walker,executivedirectorofCodeX:StanfordCenterforComputersandLaw,putsitanotherway:“Lawyers them topaybackstudentloansthatoften salaries asgoldenhandcuffs,enabling Many associatesatlargefirmsseetheir early stage,thereisacosttosuccess. almost anyotherprofessionatsuchan While suchaffluencecannotbebeatenin into thetop10percentofallAmericans. an incomethatautomaticallyputsthem substantial bonusesstraightoutofschool, can nowearn$160,000ayearplus legal talent.Associatesjoiningmajorfirms ever—and sotooistheneedforfresh demand forlegalexpertiseisasstrong While cost-savingpressuresbuild,the group, regardingthetrend. Porter andheadofthefirm’santitrust William Baer’75,apartneratArnold& explosion incontractattorneys,”says eager totakeadvantage. tedious work,andcorporationsare country—are specializingintheoften- country—and someoutsidethe and contractattorneysacrossthe work isalsogrowing.Tempservices “In thelasttenyearsthere’sbeenan many industries—frommedicinetoengineering.Butchangehasn’tcomeasquickly Big-Firm Alternatives C ODE attorneys andcomputerscientists for decades.” Walker. “Butwe’realreadytackling problemsthathaveplaguedboth viability oftoolslikeIPX. entertainment practiceofGreenbergGlusker,todebatethemarket including SonyandParamount,attorneysfromthe traveled toLosAngelesmeetwithleadersatmajorstudios, science studentsgrappledwithhowtobuildit.Together,they issues, GSBstudentsconstructedbusinessmodels,andcomputer multidisciplinary course.SLSstudentsexaminedlegalfeasibility students, theprojectevolvedlastyearintoafull-fledged, compensation. InitiallycomposedofahandfulStanfordLaw lets contentcreatorsenterintolicenses,clearcopyrights,andget (IPX), aCodeXworkshopfocusedonbuildinganonlineplatformthat revolutionizing thewaylawispracticed.” technology savvylawyersandlegallyengineerscapableof schools. ThroughCodeX,wecaneducateagenerationof harnessing thestrengthsofStanford’slawandengineering X: X: “CodeX isanascententerprise,still activelyseekingpartners,”says One suchcollaborationistheIntellectualPropertyExchange services corporate counselstopaylessforlegal ago asaresponsetopressurefrom to dohigher-leveldutiesaswell. increasingly hiringnon-law-firmlawyers gaining groundascorporationsare the traditionalfirmstructure—and businesses areofferinganalternativeto dean forcareerservices. Robinson, StanfordLaw’sassociate such afirm,accordingtoSusan & Porter,isoftencitedasanexampleof partnership. Infact,Baer’sfirm,Arnold continuing tosteerthemtoward work/life balanceinitiatives,while flexible workarrangementsandother working toretainassociatesthrough aware ofthechallengesandareactively partnership moreuncertainthanever. structure thatmakesthecareerpathto today haveasteeppyramidmanagement weekends. Atthesametime,largefirms work lateintothenightandon top $100,000butshacklingthemtotheir exercise morecontrolovertheirpersonal Axiom Legalwasstartedsevenyears That said,agrowingnumberof To besure,manylawfirmsare and the demandbylawyersto -AMY POFTAK(BA’95)

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“THERE IS A TREMENDOUS AMOUNT OF INFORMATION AVAILABLE NOW. TECHNOLOGY IS LEADING TO AN INFORMATION OVERLOAD." Sean Johnston ’89 Stanford_p16-23:1 trackingmigration.fall.0410/12/0710:22AMPage22 22

Stanford Lawyer / Fall 2007 attorneys whowerefriendsofoursand of openingaLondonbranch. Francisco, thecompanyisinprocess addition toofficesinNewYorkandSan American Express,andHoneywell.In Goldman Sachs,MorganStanley, and itsclientsincludeYahoo!, Google, nual revenuereached$31millionlastyear the country,upfrom10in2000.Itsan- around says, andhas170lawyersonstaff ing 15potentialhiresaweek,Frucher the majorfirms.Axiomisnowinterview- it tocompeteforseasonedassociatesfrom allowed Axiomandothercompanieslike autonomy andadecentschedulehas contends. Fortheallureofpersonal more varietythanlawyersatlawfirms.” what theyworkonbutalsogetalot operation. “Ourattorneysgettodecide ’00, whoheadsthefirm’sNewYork working inafirm,”saysKateFrucher and control,somethingyoudon’thave pursue theirpersonalinterests. of intenseworkandthentaketimeoffto lawyers sprintthroughsixtoninemonths attorneys donothave.Often,Axiom that theydonotwant,aluxurylaw-firm Axiom lawyerscansaynotoassignments average, plusbenefits.Inexchange, firm standards—upwardsof$200,000on they do,thoughnotextravagantlybylaw- the firm)arepaidwellforactualwork Axiom’s lawyers(whoareemployeesof typically chargedbymajorlawfirms. about $150anhour,athirdofthefees consultants incorporateofficesatratesof skills, thatitmakesavailableas stable oflawyers,manywithadvanced of bigfirms.AxiomLegalhasawhole with highoverhead—ofthekindtypical or profitsharingnorsprawlingoffices neither partnerswhoexpecthugesalaries lives. Axiomsavesmoneybyhaving “We sawalotofreallyunhappy Clients alsogetgoodservice,she “It’s reallyaboutself-determination TO HAVE TOSHIFTDRAMATICALLY ANDIT’S “THE BASICECONOMICMODELISGOING “THE an informationoverload.” of Genentech.“Technologyisleadingto senior vicepresidentandgeneralcounsel available now,”saysSeanJohnston’89, tremendous amountofinformation up hasbecomeaburden.“Thereis available informationandmerelykeeping massive increaseinthesheervolumeof of theclient.” we’re startingbehindratherthanahead information andanalysis,insomecases instant electronicavailabilityoflegal level ofinsight,”hesays.“Becausethe already advancedknowledge. an instantanswerthatgoesbeyondtheir reach outforhelp,andsotheydemand browsing ontheInternetbeforethey often donetheirownlegal-memo their homework—quickly. time. Buttheyarealsoexpectedtodo lawyers areexpectedtobeoncallallthe BlackBerry andinstantmessaging, In today’sworldoftheInternet, Texas-based OutsourceGC. The GeneralCounsel;andHouston, Partners; Minnetonka,Minnesota-based San Jose,California-basedGCALaw Atlanta-based FSBCorporateCounsel; with amissionsimilartoAxiom’sinclude the seemed unsustainable.” remarkably outofwhackthatthey economics oflawfirmswereso were noalternativesoutthereandthe ’97). “Alsofromtheclients’sidethere Axiom co-founderAlecGuettel(MBA says make ahappierhomeforpeople,’” thought, ‘There’sgottobeaway As aresult,lawyer-managershavelot Online advanceshavealsospurreda “They expectyoutohavethenext Davidson notesthatclientshave The ideaiscatchingon.Accordingto Dealing withInformationOverload National LawJournal HARD TOPREDICTWHAT THAT ISGOINGTOLOOKLIKE.” Larry Kramer , othercompanies an unqualifiedsuccess.” ing,” Johnstonsays.“Butthisinstanceis legal departmentofpeopletelecommut- meetings. Youcouldn’trunanentire legal practiceinvolvesface-to-face headquarters inSouthSanFrancisco. to figureoutthatsheisnotat months fortheattorney’sin-houseclients however, thatithassometimestaken internal communicationsaresoseamless, company’s Johnston.The family reasons,accordingtothebiotech Virginia outsideWashington,D.C.,for for Genentechlivesfulltimeinsuburban well-regarded in-housepatentattorney on agrandscalearoundthecountry.A same timeonthesetofdocuments. in multiplelocationstooperateatthe networking systemsthatallowlawyers down travel,ashavecomputer Video andaudioconferencinghavecut technology thataddstolawyers’grief. of technology—yes,thesame his overworkedyoungercolleagues. consuming forhiscolleagues,especially to figureoutwaysmakeworklessall- says hespendsagreatdealoftimetrying on theirhands.Arnold&Porter’sBaer graduates foranextended—andmuch law schoolisfocusingonpreparing Professor ofLawandDean,saysthe an evenlargerchallenge. or soago.Thenextdecadeswillpresent That’s amajorchangefromjustdecade to jobhopbeforetheyfindtheirniche. partner thatmanygraduatesnowplan climbing thelaw-firmladdertoequity lawyers andsolowaretheoddsof So intensearethepressuresonyoung A ChangingMarketplaceforLawyers “There’s alimitbecausesomuchof Telecommuting isalsobeingutilized One secret,hesays,isextensiveuse Larry Kramer,RichardE.Lang Stanford_p16-23:1 trackingmigration.fall.0410/12/0710:22AMPage23 bonus offersfortop-tierlawschoolgraduatesarestillenoughtolurethemintoworking60-plus-hourweeksafewyears.B IF RECENTNEWSREPORTSARETOBEBELIEVED, lawyers reallydounderstand the graduate goinginto—the more the you canenvisionayounglaw school Kronish LLP,StephenNeal’73. chairman andCEOofCooleyGodward good newstofirmexecutiveslike number ofjointdegreeprograms.Thisis university byofferinganalmostlimitless leveraging theexpertiseofwider also tobebetterlawyersinthatfield.” to findtheirnicheintheprofessionbut outside ofthelawwillnotonlyhelpthem Enhancing theireducationwithcourses whatever areainwhichtheyfocus. medical world,orengineering understanding ofthebusinessworld—or successful today,lawyersneedabroad traditional legalcurriculum.“Tobe with skillsandperspectivesbeyondthe disciplinary classesthatprovidestudents students toincludeawidevarietyofcross- the curriculumforsecond-andthird-year at alawfirmorinotherindustries. more diversified—careerpath,whether joining firmstostart. those demandingpositionssoonafter.Andfewernewgraduatesare that processbecauseofhighturnoverisadrainonanyfirm. just onesummerassociatehashit$250,000.Beingforcedtorepeat they say,citingarecentAmLaw200reportthatthecostofrecruiting contend. Recruitingassociatesisanexpensive,time-consumingtask, Canter maybeontosomething. attrition atmanylargelawfirmsnowtouching30percentormore, especially amongassociates,isoftenburnout.Withassociate are underpressuretoproducemorebillabletime.Theresult, escalation.” Lawfirms,especiallythebiggestandmostprestigious, “It won’tbeeasy.” Building aBetterLegalProfessiontodealwiththisissue. fellow StanfordLawstudentCraigSegall’07launchedStudents life andlesstimeintheoffice.InJanuary,AndrewCanter’08 expectations ofnewlawyerswithmanydemandingamorebalanced Stanford LawSchoolisnow To thatend,Kramerhasbroadened At leastthat’stheirargument.Asspokespeoplefor Law firmsalsobecomelosersintheprocess,CanterandSegall The mainhurdle,accordingtoCanter,is“billable-hour “We wanttoimprovethequalityoflifeatlawfirms,”Cantersays. “In almostanyareaofthelaw that • While theprofessionischanging,soare ASSOCIATE BURNOUT: STUDENTS WEIGHIN model isgoingtohave to shift predicts Kramer.“Thebasic economic problem facingthelegalprofession today. contradiction isperhapsthemostvexing themselves andtheirfamilies.The are demandingmorefreetimefor lawyers whoaresupplyingthatservice possibly forlowerfixedfees—manyofthe more servicefromtheiroutsidecounsel— profession. Ascorporateclientsdemand navigate thechanginglandscapeof can onlydosomuchinhelpinglawyers would doublethatnumberifwecould.” in hardsciencesourfirmtoday.We have 35lawyerswithadvanceddegrees trying intellectualpropertycases.We crown jewelintellectualproperty,and advising companiesontheirsortof firm thatinvolvesprosecutingpatents, large intellectualpropertypracticeinour lawyers,” saysNeal.“Wehaveavery quickly theywillbeeffectiveasyoung more effectivetheywillbeandthe substantive matterthatisinvolved,the underlying subjectmatter,the “Something hereisgoingto give,” But betterpreparationatlawschool no onewouldwanttobealawyer.AccordingABAreports,record-breakingsalaryand the blogosphere.Apostingon been takingthispitchacrossthecountrytolawschools—and organization, whichnownumbers130membersandrising,theyhave be abletodecideforthemselveswherefocustheirintensity. going toworkinsanehoursanyway.” lawyers. “We’reallworkaholicsatStanfordLaw,”hesays.still long-established firmsareresistingchange.Andsomanyyoung payment tolawfirms.Whileoptimistic,Canterconcedesthat,sofar, billable hoursystemwithaflatfeepertransactionmethodof billable hourexpectationsand,totheextentpossible,replace going on,”hesays. his effortsaredirectedatlawstudents. example, abouttryingtoeasetheburdenonassociates.Butmostof He hashadserioustalksatOrrick,Herrington&Sutcliffe,for concerned aboutthedirectionoflegalprofession. about thegroupelicitedmorethan125usercomments,many If someofhissuggestionsareadopted,atleastyoungassociateswill Among thegroup’sproposedsolutions:toreducemaximum “We trytogivelawstudentsreliableinformationaboutwhat’s Canter hasalsobeentakinghismessagetothefirmsthemselves. changing professionalenvironment.” will bepreparedtomoveandflowwitha seen. Ourgoalistoeducatestudentswho with clients.Buthow?Thatremainstobe lawyers practiceandworktogether “What willchangeistheforminwhich remain indispensable,”saysKramer. to changeandsogreatlawyerswill everything wedoasasocietyisnotgoing American Lawyer. cording toinformationgatheredfromthe who graduatedfromStanfordLaw,ac- America’s 100largestfirmshavepartners ranks topartnerstatus.Infact,94of large firms,withmanyrisingthroughthe thrive inthecompetitiveenvironmentof surprisingly, StanfordLawalumnioften pursue alegalcareerinlawfirms.Not ford Lawgraduateswillcontinueto what thatisgoingtolooklike.” dramatically andit’shardtopredict for FoxNewsChannel. Washington Post Jeffrey Birnbaumisacolumnistfor the “The importanceoflawinstructuring Meanwhile, thevastmajorityofStan- Wall Street Journal Street Wall and apoliticalanalyst ut manyleave Law Blog —JHB SL

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Stanford Lawyer / Fall 2007 still. Today morequestionsthananswersremain. dissipate. Butthecontroversy thatthefiringsunleashedcontinues might includingLam, the historicfiringofeightU.S.attorneys, hope thatthecongressionalhearingsandmediaattentionsurrounding backinMay—butdelayedmeetingthe agreedtotheinterview Lam George thatfollows.Itwasinterestingtiming. Fisher fortheinterview ATTORNEY CAROLLAM’85METWITH ON THEMORNINGOFAUGUST27—JUSTAFEWDAYSAFTERFORMERU.S. ATTORNEY GENERALALBERTOGONZALESANNOUNCEDHISRESIGNATION CAROL LAM WITH MATTERS LEGAL & Stanford Lawyer Stanford and Professor A recognition that we can’t take justice for granted,” she says. says. she recognition thatwecan’ttakejustice forgranted,” of Justiceorthiscountry.It’sreally areaffirmationand the controversy.“Formeit’snot alossoffaithintheDepartment about thefutureofDOJbecause ofthepublic’sattentionto point. Sheis,evenaftertheeventsofpastyear,optimistic blunder—as wellasapublicreckoning.AndthisisLam’smain istration’s actions,thefiringswillberememberedasapolitical Whatever one’sviewsontheproprietyorlegalityofadmin- Stanford_p24-28:1 tracking migration.fall.04 10/12/07 10:23 AM Page 25

Since her untimely departure from the DOJ, Lam has didn’t think that adding one more voice to the chorus was landed firmly on her feet. Now the acting general counsel at helpful. But I very much value my Stanford years, and I think QUALCOMM, she has begun her private-sector career at the the law school is a good place for me to share my views about top. Lam was—until February of this year—a dedicated the Department of Justice, what it is and what it should be. I government prosecutor with a stellar career rise marked by want to convey a positive note to students and alumni about receipt of both the Director’s Award for Superior Performance what I think the experience will teach the DOJ. And I want to and the Attorney General’s Award for Distinguished Service. convey how much I enjoyed and appreciated my time at the Her prosecutorial career was interrupted only by two years’ DOJ. It’s a great institution and will continue to be a great service as a San Diego Superior Court judge. institution. These temporary setbacks, with time, will have a George Fisher shares with Lam an inside knowledge of the good effect on the department, as a reminder of how tenuous criminal justice system. Before joining the Stanford Law the balance is between political pressures and the responsibility School faculty in 1995, he was an assistant attorney general in of the department to do the right thing at all times. the Civil Rights Division of the Massachusetts Attorney For me, these events have not led to a loss of faith in the General’s Office and an assistant district attorney for DOJ or this country but to a reaffirmation and recognition that Middlesex County, Massachusetts. He is the Judge John Crown Professor of Law and director of the Criminal Prosecution Clinic.

FISHER: YOU LEFT YOUR POSITION AS U.S. ATTORNEY IN SAN DIEGO IN FEBRUARY AND VERY QUICKLY MOVED TO QUALCOMM AND ARE NOW ACTING GENERAL COUNSEL OF A FORTUNE 500 COMPANY. THAT’S A VERY IMPRESSIVE LANDING AFTER AN UNPLANNED DEPARTURE. Lam: All U.S. attorneys know that there will be a time when they’re going to leave the office. I’ve watched my colleagues go 25 through it, and I’m watching them go through it now. Having held that position, I know that you have a panoply of possibilities before you. When I started my tenure as U.S.

attorney in 2002, I had an acute awareness that if the Stanford Lawyer / Fall 2007 president served two terms, I would want a break after the second term to spend time with my family. The QUALCOMM opportunity came up right away, so I didn’t exactly follow that plan. But I don’t think I could have landed in a more interesting position in a more exciting place than QUALCOMM. It’s on the cutting edge in so many areas. HOW DID YOU MANAGE TO TRANSITION SO SMOOTHLY we can’t take justice for granted. The vast majority of the TO TECHNOLOGY? thousands of people who work at the DOJ are good and true It’s true; I don’t have a technical background. But people who understand their responsibility to do the right thing QUALCOMM is involved in a lot of litigation, and that’s in all respects. It’s a simple mandate to follow once you’ve where I hope I’m able to contribute because I do have a lot of accepted it—that when you work in the DOJ or as a U.S. litigation experience. I also have experience managing a law attorney or as a career prosecutor, your mandate is just to do the A office—that’s a big part of the U.S. attorney position. right thing. It simplifies decision making a great deal so you CAN STANFORD LAW SCHOOL CLAIM ANY CREDIT FOR don’t have to worry about other influences. You just do the right HAVING TRAINED YOU FOR SUCH A WIDELY VARIED CAREER? thing. Almost everybody at the department does the right thing. All of it! There’s something very special about going to law WERE YOU SURPRISED WHEN YOU GOT THE CALL ASKING school at a place like Stanford in California. There’s a freedom FOR YOUR RESIGNATION? WAS THAT IN THE AIR? there because it’s in an area of the country where innovation It was a complete surprise. There was no hint of what was and thinking outside the box are part of people’s lives. coming, nothing in the air. We had all been at a conference I GATHER THIS IS YOUR FIRST ON-THE-RECORD INTERVIEW. together earlier in the week and were told how great a job we WHY SPEAK TO SLS? were doing. And, in fact, it wasn’t until a week later that I

CALEF BROWN I knew that this story wasn’t going to be over quickly, and I realized that I wasn’t the only one. I got the phone call and Stanford_p24-28:1 tracking migration.fall.04 10/12/07 10:23 AM Page 26

then a week later I learned that Paul Charlton and John COMMUNICATION—BY E-MAIL, BLACKBERRY, ETC.—AFFECT McKay had resigned. I had just seen them at the conference, YOUR AUTONOMY? two of my closest colleagues, and they hadn’t said anything to I do think that was the trend. But I don’t attribute it to me about resigning. So it became clear what was happening. increased speed of communication. My perception was that The reason I didn’t say anything publicly for several weeks there was an increased desire to manage from the DOJ—and after I was asked to resign was that I knew the plan to keep it more actively. quiet wasn’t going to work. Who in his right mind could think A LOT WAS MADE ABOUT THE LEGALITY OF THE FIRINGS. that you could fire seven U.S. attorneys on the same day and ANY COMMENT? tell them to leave on the same day and that nobody was going I’m going to answer a little obliquely. This question was raised to notice? It was just headbangingly frustrating. during the congressional hearings: Isn’t it true that you serve at WERE YOU SURPRISED BY THE PUBLIC FIRESTORM THAT the pleasure of the president and that you can be asked to leave THE DISMISSALS STIRRED UP? at any time? As I answered at the hearings, that statement is This is a wonderful country, and it’s a forgiving country. But it’s legally true, but the tradition of the Department of Justice also a country with a relatively short attention span when it historically has actually been the reverse. Everybody knows comes to news reports, and I was surprised how much attention that when the administration ends, you’re probably not going this issue drew. Though, ironically, it renewed my faith in the to remain U.S. attorney. But until then, the assumption is that country and in the public’s ability to focus on important issues. you will be allowed to remain in the position until the end of What this situation pointed out to me was that people are very the term unless you make an egregious error. Ignoring that concerned about the justice system. They’re very concerned tradition has created a great problem for the Department of about either the perception or the reality that their justice Justice, and failing to comprehend why that tradition was so system is not working in a fair and evenhanded manner. important demonstrates the complete failure of DOJ I’VE READ THAT A NUMBER OF U.S. ATTORNEYS COMPLAINED management that led to this unfortunate state of affairs. The ABOUT MICHAEL BATTLE’S DELIVERY OF THE BAD NEWS uncertainty it has caused among U.S. attorneys is just ABOUT THE FIRINGS. devastating for the DOJ. And it’s still shocking to me that 26 I think the language that was used with me was something department leadership took such an ill-advised course, without along the lines of “want to take your office in a new direction.” thinking through the consequences. My dissatisfaction with the way this was handled doesn’t have ALLEGATIONS MADE BY MANAGEMENT AT THE DOJ AS

Stanford Lawyer / Fall 2007 anything to do with Mike Battle’s bedside manner. It has to do JUSTIFICATION FOR YOUR FIRING REFER TO A LAX RECORD with the decision made by people higher in the department that WITH REGARD TO PROSECUTION OF IMMIGRATION-RELATED an appropriate way to deal with such a monumental decision CRIME. HOW DO YOU RESPOND TO THAT? would be to have somebody make calls, give people no The way the border situation was handled by Attorney substantive information, and expect that people were just going General Ashcroft and then Attorney General Gonzales in their to accept the decision with no information. I think it was a very respective administrations is very interesting. Under Attorney immature way for the department to handle it and certainly General Ashcroft there was respect for the border generally contributed to the disastrous follow-on that occurred. and an understanding that being a U.S. attorney in a border YOU SERVED UNDER BOTH JOHN ASHCROFT AND ALBERTO district and having to deal with the multitude of cases that are GONZALES. HOW DID THAT TRANSITION FROM ASHCROFT TO generated by the border is an extremely difficult job. And the GONZALES AFFECT YOUR LIFE AND YOUR DUTIES way any U.S. attorney chooses to manage the border situation AS A U.S. ATTORNEY? is highly dependent on the particularities of that district, the The structures of the department were in place, so I didn’t geographic layout of the district, and the resources available in expect a lot of impact from the change in attorney general the office. There are five Southwest border districts that have under the same administration. There are a great many large borders with Mexico, but each has its own set of issues. traditions that have built up over the years at the Justice In San Diego we have lots of tunnels. You’re not going to see Department that should carry the institution forward on its a lot of tunnels in Texas because of the Rio Grande, and that own momentum. The people come and go, but the institution difference alone is a substantial one. And from Washington carries on. So I was surprised by how much change there was. there’s often a temptation to say, “Oh, it’s a border district. DID YOU GET A SENSE WHETHER, AS A BODY, THE U.S. It’s just a numbers game. We can ratchet it up or ratchet it ATTORNEYS FELT TOO CLOSELY SUPERVISED down.” That was the message from Justice under Attorney BY WASHINGTON? AND DID INCREASED SPEED OF General Gonzales. About a million people are arrested along Stanford_p24-28:1 tracking migration.fall.04 10/12/07 10:23 AM Page 27

“WHO IN HIS RIGHT MIND COULD THINK THAT YOU COULD FIRE SEVEN U.S. ATTORNEYS ON THE SAME DAY AND TELL THEM TO LEAVE ON THE SAME DAY AND THAT NOBODY WAS GOING TO NOTICE? IT WAS JUST HEADBANGINGLY FRUSTRATING.” CAROL LAM ’85

the border every year, and no U.S. Attorney’s Office a part of the discussion that simply seems to drop off, which I prosecutes more than a few thousand—felonies or find ironic. I think that my job as U.S. attorney, as with all misdemeanors. So, how are you going to attack that problem? U.S. attorneys, is to deal with the most pressing crime I concentrated on efficiency and getting longer sentences problems in the district. This is, frankly, the difficulty with a on bigger fish, given the fact that our resources were finite. one-size-fits-all prosecution priority when it’s imposed with And I was completely forthcoming about my intentions when equal force on all ninety-four judicial districts in the United I entered the office. I told the people who interviewed me for States. Inevitably you’re going to end up with an emphasis in the position that I would rather indict ten defendants in a an area that is disproportionate to the crime problem. And I conspiracy than ten individual defendants, because my view is made this point repeatedly to the department and in my recent we were likely to make more impact on crime if we take down testimony. Illegal firearms were simply not a great problem in an organization—say, an alien smuggling organization. If you San Diego and, to the extent they were a problem, the District indict ten people in an alien smuggling ring, you’re more likely Attorney’s Office was handling the situation very well and to to get people who are willing to cooperate and testify and you the utmost satisfaction of the police chief and the sheriff. I have to go through only one set of motions and one trial rather completely understand the emphasis on illegal firearms in than ten. And so, this is a more efficient way of prosecuting. cities with a severe gun problem, but if I had diverted AND IT BECAME A NUMBERS GAME— resources to firearms cases, that would inevitably have Yes. When you bring one indictment of ten people, you get detracted from our efforts in narcotics, immigration, fraud, only one statistic. Or if you prosecute, say, a corrupt border and other areas that were more pressing in the district. patrol agent who is letting hundreds of aliens come through in Two weeks after I was asked to leave, reportedly because I exchange for a bribe, you get only one statistic. If you’re not was not prosecuting enough gun cases, representatives of the 27 going to look at either the significance of the prosecution or the DOJ came out to San Diego to investigate why we had one of length of the sentences, then you’re taking a one-dimensional the lowest violent crime rates in the country and the lowest view of law enforcement, and frankly I think a very immature violent crime rate in San Diego in twenty-five years. So that

one. So in response to your question, whenever the department just points out to me the fallacy in this criticism that we Stanford Lawyer / Fall 2007 asked about statistics, this was exactly the answer I would give. weren’t doing enough illegal firearms cases. And the department always seemed to understand and accept DID YOU HAVE ANY PARTICULAR UNDERSTANDING WITH THE that explanation as rational and reasonable, and I had no LOCAL DA WITH REGARD TO THE PROSECUTION OF CRIMES? reason to believe it felt otherwise. Oh yes. I wanted to identify areas in which federal THE DEPARTMENT CAN’T CLAIM TO HAVE BEEN SURPRISED prosecution might assist in the overall effort to reduce crimes BY YOUR IMMIGRATION STRATEGY? associated with illegal firearms, so we established a protocol No. In fact the DOJ took my explanation and put it in a letter with the DA’s office to determine cases where we could get a to Senator Feinstein and Congressman Issa in response to their substantially higher prison sentence in federal court for any inquiries about our lower statistics, which had been prompted illegal firearms case. Such cases would be referred to us rather by a U.S. Border Patrol complaint. I understood the Border than handled by the DA’s office. I thought it was a reasonable Patrol concerns because its evaluations and funding probably division of labor, and everybody was very cooperative. The depend to some extent on the number of prosecutions. question was whether I should forcibly take cases from the WERE SENATOR FEINSTEIN’S CONCERNS ALLAYED BY THE DA’s office to meet an arbitrary quota of gun prosecutions— DEPARTMENT’S RESPONSE? or look at what’s best for the district in terms of division of Yes. And I believe she stated that publicly. responsibility among the city attorney, the district attorney, IT’S APPARENT THAT THE DOJ WAS CONCERNED THAT and the U.S. Attorney’s Office for prosecuting crime. And I OTHER SOUTHWEST BORDER DISTRICTS HAD HIGHER think the latter is the more rational way to approach the job. NUMBERS OF FIREARMS-RELATED PROSECUTIONS THAN DID It’s better for the district as a whole. YOURS. HOW DID YOU RESPOND TO THAT? DEPUTY ATTORNEY GENERAL PAUL MCNULTY WROTE IN AN Other border districts actually have more serious gun E-MAIL, “I’M STILL A LITTLE SKITTISH ABOUT BOGDEN” IN problems than the Southern District of California. And that’s REFERENCE TO DANIEL BOGDEN, U.S. ATTORNEY IN NEVADA, Stanford_p24-28:1 tracking migration.fall.04 10/12/07 10:23 AM Page 28

ONE OF THE SEVEN DISMISSED ON DECEMBER 7. YOU DON’T REGARD WHAT’S HAPPENED AS LONG-TERM MCNULTY CONTINUED, “HE HAS BEEN WITH DOJ SINCE 1990 POLITICIZATION OF JUSTICE? AND AT AGE 50 HAS NEVER HAD A JOB OUTSIDE OF No, because it can’t be. If anything is clear from this GOVERNMENT. . . . SORRY TO BE RAISING THIS AGAIN/NOW; IT experience, it’s that people will pay attention until the ship WAS JUST ON MY MIND LAST NIGHT AND THIS MORNING.” rights itself. That is why I am optimistic. This is not the first That e-mail highlights just how arbitrary and loosely based time that this type of issue has raised its head at the these decisions were, and therein lies the problem. Department of Justice. We had the Saturday Night Massacre. Historically, there’s been a very, very high bar set for any And maybe once a generation we’re going to have to have a decision by the Department of Justice to ask a United States reminder. The decision to simply ask a number of U.S. attorney to leave. If a U.S. attorney was asked to leave, that attorneys to leave at the same time for not very compelling request was preceded by a well-documented and thorough reasons was not in itself necessarily an illegal act, but it so investigation of some allegation of misconduct or poor transgressed the unwritten understanding and traditions of the judgment. And to read an e-mail like that, suggesting that department that, ironically, I think it has now reinforced them. people were waking up in the middle of the night worried that WHAT ABOUT THE EFFECT THESE EVENTS HAVE HAD maybe it wasn’t the right decision because somebody’s really ON THE DOJ? not such a bad guy—this is not the way that important What these events did show me is that you can’t have a decisions should be made. What has been absolutely Department of Justice that’s a straight shot to the White devastating for the department has been to see the after-the- House, and that was really the problem here. The rationale for fact justifications—the sit-down sessions that our former the firings became so ridiculous and no one seemed to wonder colleagues back at the department participated in to try to about how the remaining U.S. attorneys would react. It was justify these decisions, where everything was thrown in, devastating to the U.S. attorney community because it used to including the kitchen sink—reasons that, frankly, I think are be that you could simply say, “That’s the decision I’m making embarrassing. Reasons such as somebody spent too much time because I’m the U.S. attorney, and it’s within my discretion to working on Indian affairs, or that Carol Lam personally tried make it and that’s the answer.” Now that authority is being a case and that’s a terrible thing, or that a U.S. attorney had second-guessed. But I’m optimistic; it’s a good thing that 28 the nerve to want to have one more conversation with the everything has come to light. attorney general about whether to seek the death penalty. WOULD YOU CONSIDER TAKING A PUBLIC SERVICE To criticize United States attorneys for trying to do their POSITION AGAIN?

Stanford Lawyer / Fall 2007 jobs conscientiously has created a chilling effect. It You know, public service is a wonderful thing, and I’ve never demonstrates to me that, at least for a time, the Department of viewed it as a sacrifice. Certainly it’s a sacrifice in terms of Justice had completely lost its way. pay, but not in any other respect. It’s a huge honor. I feel very THE SAN DIEGO UNION-TRIBUNE REPORTED THAT THE fortunate that I’ve had the opportunity to work in the public SAN DIEGO CITY ATTORNEY, MICHAEL AGUIRRE, interest as I see it for the past twenty years. And I’m really SAID, “SHE’S BEEN BY FAR THE MOST OUTSTANDING enjoying my time in the private sector now. I love U. S. ATTORNEY WE’VE EVER HAD.” A LOCAL FBI AGENT QUALCOMM. It’s a wonderful and fascinating company ALSO PRAISED YOU PUBLICLY. NO DOUBT YOU FOUND that’s on the cutting edge of technology. One day I may go THE SUPPORT GRATIFYING? back to the public sector because going back and forth Of course. We had a very, very good and competent reminds you of the good things about both sides. interagency group; we knew each other very well, we were ANY PARTING THOUGHTS? able to react quickly to situations, and disregard for that has I never imagined that I would have the opportunity to be a been one of the saddest things about this whole event. United States attorney. And it was—even now, after what’s Whatever the motivations for this sweeping dismissal, one happened—an amazing honor. I was talking with a former thing that did not seem to work itself into the calculations of colleague about this, and I asked him, “If you’d known that it those who made the decision was what they would be losing. was going to end like this, would you still have done it?” And And what they lost was a lot of years of experience and he said, “Without a doubt, no question about it.” And I agree. accumulated wisdom of a lot of U.S. attorneys. I can’t speak Being a U.S. attorney is, I think, one of the most phenomenal highly enough of my colleagues who were fired—who really jobs you can have as an attorney and as a prosecutor. It was a understood their districts and their offices and law full, flourishing, jam-packed four and a half years. I have no enforcement. And this at a time in our country when we should regrets about anything we did or how we did it, and we were be clinging to experienced prosecutors who really understand able to do several cases from beginning to end within that time their agencies. It’s a blow to good law enforcement. period. I really couldn’t have asked for a better experience. SL Stanford_p29:1 trackingmigration.fall.0410/12/0710:26AMPage29

LIZZY GOLDSTEIN in themoderneconomy.Byone recentestimate,thenation’scopyright of intangibleassetsallkinds”—to indicatethescaleofintellectualassets estimated 80percentofthevalue oftheStandard&Poor’s500ismadeup by intangibleassets,suchaspatents, copyrights,andtrademarks”or“an “76 percentoftheFortune100’stotalmarketcapitalizationis represented value theysecureisenormous.Commentatorscitebreathtaking figures— line thatcrisplystatesthisisyoursandmine? extensively, fromitscompetitorsandothers.Howcanlawmakersdrawa No ideaisentirelyoriginal;everyinnovativebusinessborrows,sometimes business secret—becomethesubjectofprecise,boundedpropertyrights? CAN APRODUCTOFTHEMIND—ANINVENTION, THE TERMITSELFSUGGESTSNATUREOFCHALLENGE.HOW property rightsonedayandrestrictingthemthenext. current ofpublicorpoliticalsentimentcanshiftthebalance,byextending property rightsininformation—allbalancesaretemporary;theslightest inevitably underminessupportforfreeaccess—thisistheparadoxof momentary equilibrium.Becausesupportforinvestmentincentives production anduseofinformationcanpossiblyachievemorethana stability—is anillusion.Nolawthatseekstoencourageboththe and thisiscertainlyadesirablegoal.But,balance—atleastifitimplies and lawyerscommonlyspeakof“balance”inintellectualpropertylaw, water. Marking offtheboundariesofintellectualassetsislikedrawing linesin what part,derivedfromhisownskillandtraining,belongs tohim? how withhim,whatpartofthisinformationbelongstothecompany and When adepartingemployeetakescompany’stradesecrets andknow- How canacompanyappropriatesuchnamestoitsownexclusive use? McDonald’s—are littlemorethandescriptivewordsandcommon names. best-known andmostvaluablebrandnames—BurgerKing, in thepublicdomain,freefortaking,andwhichisnot?Manyof and otherelementstakenfromearlierworks.Whichoftheseis marketing copyrightedworksthatinevitablybuildonthemes,incidents, Book publishers,filmstudios,andrecordlabelsinvestincreating should holdthattheinventiontrespassesonanothercompany’spatent. products, knowingthattheywillhavetowriteofftheinvestmentifacourt millions, sometimesbillions,ofdollarsresearchinganddevelopingnew • Elusive asintellectualpropertyboundariesare,thebusiness STELLA W.ANDIRAS.LILLICKPROFESSOROFLAW IP RULES By PaulGoldstein I ntellectual property. • a song,brand, • Judges, legislators, Companies spend PLEASE SEEPAGE92 Grilling Machineandotherkitchen and imagetomarkettheLeanMean former heavyweightchampion’sname partners $137.5milliontousethe Inc. paidGeorgeForemanandhis product placements.In1999,Salton $125 millionforeachfilm,notcounting they estimatedprofitsatnolessthan be earnedfromnewreleases,forwhich MGM librarybutalsotherevenuesto from the20Bondfilmsalreadyin encompassing notonlyDVDrevenues franchise alonewasworth$1billion, analysts estimatedthatitsJamesBond when MGMwasagainontheblock, Wind, classics as MGM’s filmlibrary,includingsuch billion investedinthecopyrightsto estate—in adealthatlefthimwith$1.2 operations, filmlaboratory,andreal assets—production anddistribution quickly sellingoffthestudio’stangible billion fortheMGMfilmstudio, entrepreneur TedTurnerpaid$1.6 even morestriking.In1986media profits generatedbytheseassetscanbe percent ofallprivateindustrygrowth. and wereresponsibleforcloseto40 share oftheU.S.grossdomesticproduct almost 20percentofprivateindustry’s and patentindustriesalonecontributed Impressive asthesenumbersare,the and The WizardofOz. Casablanca, Gonewiththe

In 2004, POINT OF VIEW OF POINT

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Stanford Lawyer / Fall 2007 C similar casesthatweredecidedintheplaintiff’sfavor. Liu, JD/MBA’07,whoalsoworkedonthebrief,researched amicus briefinfavorofLedbetteralowercourt.Jennifer Equal EmploymentOpportunityCommission,whichfiledan of thereplybriefarguingthatcourtshoulddeferto petition wasgrantedandstudentssettoworkontwodocuments:themeritsbrieflaterareplybrief.Moskowitzworked working environmentatGoodyearwasfromanotherera.It’sremarkableLillystuckitoutgiventhediscriminationshefacin the petition’sfactualstatementaftersiftingthroughhundredsofpagestrialtranscripts.“IndoingmyresearchIgot discrimination begins.Inotherwords,Ledbetterwastoolate. 11th CircuitCourtofAppealsreversedthedecision,statingthatTitleVIIrequiresemployeestosuewithin180daysafter Goodyear tirefactoryinAlabama.AfterajurytrialfoundthathadviolatedTitleVII,whichprohibitspaydiscrimina letter revealedthatLedbetterhadbeenmakingnearly20percentlessthanhermalecounterpartsthroughout19-yearcareer students helpeddraftthepetitionforcertioraritoSupremeCourt. were true.Workingunderthewatchfuleyeofclinicco-instructorandHowe&RussellpartnerKevinRussell,leadcounselin brought theissuetoattentionofCongress. Supreme Court.WhiletheCourt’sMay,2007decisionwasablowtoclinicteam,caseputspotlightonpaydiscriminati Ledbetter v.Goodyear justices butwasn’tsurewecouldgetafifth,”saysDavidMoskowitz’07,describinghowhefeltaftersittingthroughoralarg bench. move, JusticeRuthBaderGinsburgreadthedissentfrom worker andeveniftheycontinuetothepresentday.”Inarare initial discriminatoryactwerenotimmediatelyapparenttothe days ofa“discriminatorydecision”even“iftheeffects Goodyear, holdingthatemployeesmustfileaclaimwithin180 public opinion,”saysReents. consolation toherthatcase hasprevailedinthecourtof criticized decision. Senate. Theactwouldoverturn theSupremeCourt’smuch- the of RepresentativesinlateJulyandisawaitingavote Lilly LedbetterFairPayActof2007waspassedbytheHouse important case,”saysLiu,whoisquicktopointoutthatthe disappointing, itwasagreatopportunitytoparticipateinan the past30orsoyears.” such abigchangefromhowthelawhadbeeninterpretedfor fighter,” saysLiu. they metLillyLedbetterfortheveryfirsttime.“She’sareal awaiting KevinRussell’soralargumentbeforetheCourtwhen November 27,2006,thestudentswereinWashington,D.C., after thelastactofdiscrimination(theemployee’smostrecentpaycheck)? starts. Doesthe180-daytimelimitkickinwhenemployerinitiatesdiscrimination(setsasalary),as11thCircuit SUPREME COURT LITIGATION CLINIC ARGUES PAY DISCRIMINATION CASE • “It wasfrustrating,”saysMoskowitz.seemedlike • , anemploymentdiscriminationcasetakenupbyStanfordLaw’sSupremeCourtLitigationClinicandheardthe In theend,courtdecided5-4infavorof • “I hopethebillinCongressis some LINIC • “Even thoughtheresultwas • It allbeganwithananonymousnoteaddressedtotheclinic’sclient,LillyLedbetter.The T • On • The questionbeforetheSupremeCourt,then,restedonwhenclock he studentsknewitwasgoingtobeaclosecall.“Ithoughtwehadfour • “I feltlikeaprivateinvestigator,”saysScottReents’07,whowrote • Moskowitz andhisfellowclinicstudentsarguedthatboth Courtruled,or sense thatthe uments in g.” tion, the section on and • case, The at a Stanford_p30-31:1 trackingmigration.fall.0410/12/0710:27AMPage31 NEWS David andStephanieMillsDirector of ClinicalEducationandassociatedeanforpublicinterestclinical education. closely supervisedclinicaltrainingand theopportunitytoenablestudentsreflectdeeplyonworkthey do,”saysLawren with immigrantdomesticviolenceissues, istheinauguralCooleyGodwardKronishFellow.“Thesefellowships allowustoofferm ranging fromhumanitarianrelief deportationtoasylumprotection.AttorneyJenniferH.Lee,whohas extensiveexperience Herrington &SutcliffeFellowwilljoin theclinicfor2008–2009academicyear.TheImmigrants’Rights Clinicrepresentsim the Immigrants’RightsClinic.TheOrganizationsandTransactionsClinic provideslegalassistancetononprofitsandsmallbusi Organizations andTransactionsClinicCooleyGodwardKronishhas committed$250,000overfiveyearstosupportafellowship theircommitmenttoprobonoworkaresupportingtwonewteachingfellowshipsattheMillsLegalClinic for KNOWN Stanford LawSchool.Orrick,Herrington&Sutcliffehaspledged$250,000 overfiveyearstosupportafellowshipforthenewly FIRMS LAW TWO Two NewTeaching Fellowships Established start tofinish. start Barnard ’08litigatedthecasefrom Sierra Martinez’08(BA’03),andJustin Environmental QualityAct.PaulSpitler’07, program violatedtheCalifornia environmental reviewforitstroutstocking the agency'sfailuretopreparean issued July18,2007,thecourtfoundthat frog andfishspeciesatrisk.Inanorder bodies throughoutCaliforniaputnative hatchery-raised, non-nativetroutintowater and Game,whosepracticeofputting against theCaliforniaDepartmentofFish opposition oftheprobationdepartment. entitlement toexpungement,despitethe persuaded thejudgeofherclient’s and otherprofessionalopportunities.Cohen convictions barredherfromjobpromotions In onenotablecase,theclient’sminor courts ofSantaClaraandSanMateocounties. record expungementmotionsinthesuperior Cohen ’08filedandarguedseveralcriminal August. Aspartofthesettlement,CSDwill against theschoolwassettledoutofcourtin of heradditionaldisabilities—whenthecase California SchoolfortheDeaf(CSD)because child withautismwhowasexcludedfromthe (YELP) celebratedawinforitsclient—adeaf petitioners SmithandArmendáriz. Borges ’07wrotethebriefinsupportof Washington, D.C.LinChan’07andGloria Commission onHumanRightsJuly20in case washeardbytheInter-American international humanrightsstandards.The drug crimesintheiryouth,violates Armendáriz, legalimmigrantswhocommitted deportation ofWayneSmithandHugo U.S. immigrationpolicymandatingthe Human RightsWatch(HRW)arguingthatthe amicus briefonbehalfoftheorganization The EnvironmentalLawClinic Case Roundup The YouthandEducationLawProject The CommunityLawClinic The Immigrants’RightsClinic ’s Margaret won acase filed an Disabilities Act.Overthecourseoflast Rehabilitation Act,andtheAmericanswith Education Act,Section504ofthe under theIndividualswithDisabilities clearing thewayforYELPtopursueclaims judge deniedCSD’smotiontodismiss, settlement comesafteraU.S.DistrictCourt delayed studentsattheschool.This create anenvironmentfordevelopmentally corporate lawyerscanusetheirskillstoservethecommunity.” knowledge andexperienceinthesecoreareas,demonstratehow provide practicalhelptoourclients,givethestudentsopportunitiesbuild Mitchell (BA’80),whodirectstheclinic.“Theworkwedoinclinicwill finance, andcommercialneedsjustaslargecorporationsdo,”saysJayA. general corporatesupporttoitsclients. on governance,compliance,commercial,andreportingmatters,provide contracts andcollaborations,assistwithfundingfinancingprojects,advise and TransactionsClinicwillprovidestudentswithopportunitiestoworkon Serving nonprofitsandsmallenterprisesintheBayArea,Organizations THE LAWSCHOOL’S encouraged tocontactMitchell(650-724-0014;[email protected]). alumni whoareinterestedinlearningmoreabouttheteaching fellowshipare with organizationsthatmightbeappropriateclientsfortheclinic aswell Alumni whoareboardmembers,officers,volunteers,orotherwise affiliated Herrington &SutcliffeTeachingFellow. Mitchell willbejoinedforthe2008–2009academicyearbyOrrick, and disclosuremattersonawiderangeofcommercialtransactions. Co., wherehisworkfocusedprimarilyongovernance,finance,stockholder, to StanfordLawafter15yearsaschiefcorporatecounselatLeviStrauss& former partneratHellerEhrmanWhite&McAuliffeinSanFrancisco,comes litigation orpublicpolicywhowantexperienceinorganizationalwork. litigation-focused clinics.Healsohopestoattractstudentsplanningcareersin subset ofstudentsnotcurrentlybeingtargetedbythelawschool’sother students interestedincareerscorporatelaw,business,andfinance—a Transactions Clinicofferedat New Organizations and Mills LegalClinic eetcii iloe forbusinessinspring2008. newest clinicwillopen to expertwitnessworkinthecase. everything frommotionpracticetodiscovery and AshleyYeargan’08havedone Julie Wahlstrand’08,CaitlinWeisberg ’08, WillRawsonRebeccaThalberg’07, Khalil ’07,EstherKim,JonathanOlinger Blachman ’07,LauraJohnsonPeter Bennett ’08,BrianBilfordErica year, clinicstudentsRuthBarnes’07,Hope • Mitchell expectstheclinictodraw • “Nonprofits havegovernance, nesses. TheOrrick, ce C.Marshall, migrants onmatters established ore students working • for Mitchell, a of •

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Stanford Lawyer / Fall 2007 F his involvementwithboth Society, Lessigplanstocontinue School’s CenterforInternetand Commons andStanfordLaw totaled 142. and initialcommentsonhisblog viewed morethan2,000times iSummit speechhasbeen date, theYouTubeclipofhis caught people’sattention.To misunderstanding.” interests haveaninterestinits basic factswhenstrong government can’tunderstand and corruption,hesaidthat“our his previousareasofscholarship right.” Notingthelinkbetween and clearastermextension can’t evengetanissueassimple the influenceofmoneythatit that thesystemissoqueeredby blog as“corruptioninthesense years towhatherefersonhis Lessig willdedicatethenext10 focus tothestudyofcorruption. digital age,heisshiftinghis of informationandideasina law shouldgoverntheexchange activism ontheproblemofhow years ofscholarshipand culture movement.After10 iSummit thatshookthefree last summer’siCommons Law, madeanannouncementat Edith M.CarlsmithProfessorof Lawrence Lessig,C.Wendelland of Scholarship ShiftsDirection Lessig The founderofCreative The announcementhas ACULT in August. at theAPSA’sannualmeeting and WhereWeArewiththeNet” Lessig delivered“Pool2.0:Pool of deSolaPool’sscholarship. lecture exploringtheimplications recipients areaskedtopresenta Sola Pool.Aspartoftheaward, communications scholarIthielde honors thememoryofrenowned award, presentedtriennially, Political ScienceAssociation.The Lectureship fromtheAmerican Ithiel deSolaPoolAwardand Law, isthe2007recipientof Edith M.CarlsmithProfessorof Lawrence Lessig,C.Wendelland APSA Award Receives Lessig conlawcenter.stanford.edu. which canbeseenat Center ConstitutionDaylecture, Stanford ConstitutionalLaw direction attheSeptember Lessig discussedhisnew research onthisnewquestion. begun toturnhisattention groups. Buthehasalready Conservancy. including theCaliforniaCoastal boards devotedtoconservation several otherorganization Policy Program,hasservedon and NaturalResourcesLaw director oftheEnvironmental organizations. Caldwell,the with otherconservation-minded programs, andcollaboration research andconservation operation ofandparticipationin exhibits displayingmarinelife, ocean conservationthrough aquarium strivestoinspire nonprofit, self-supporting law, toitsboardoftrustees.The Caldwell ’85,seniorlecturerin appointed Margaret“Meg” The MontereyBayAquarium Aquarium Board Caldwell Appointedto Articles of2006.”Thearticles Corporate andSecurities authors of“TheTop10 Professor ofLaw,areamongthe Professor ofBusinessand Nancy andCharlesMunger Business, andMichaelKlausner, Meyers ProfessorofLawand Ronald J.Gilson,Charles Accolade Articles Earn Gilson andKlausner directors ofpubliccompanies. experienced byoutside “out-of-pocket liability” the varyingdegreesofrisk and BrianCheffins),analyzes authored withBernardBlack’82 “Outside DirectorLiability”(co- governance. Klausner’sarticle, shareholders incorporate played bycontrolling understandings oftherole examines multiple Comparative Taxonomy,” Governance: Complicatingthe Shareholders andCorporate Gilson’s piece,“Controlling scholars inrelatedfields. were selectedviapollingof previously listedasoneofthe publication. Sullivanwas years,” accordingtothe and beyondduringthelastfive a nationalimpactintheirfields women lawyers“whohavehad includes 50reader-nominated Lawyers inAmerica.”Thelist the “50MostInfluentialWomen Law andformerdean,oneof Stanley MorrisonProfessorof named KathleenM.Sullivan, The Lists Tops M.Sullivan Kathleen National Law Journal Law National Stanford_p32-33:1 tracking migration.fall.04 10/12/07 10:27 AM Page 3333 Y NEWS

Marshall Recipient of Northwestern Service Martinez Recognized journal’s “Top 100 Most Award by Lawyers USA Influential Lawyers in America” Lawrence C. Marshall, professor Lawyers USA selected Jenny S. in 2006, as well as one of the of law, David and Stephanie New fellows, nominated by Martinez, associate professor of “Top Women Litigators” by the Mills Director of Clinical current members of the law and Justin M. Roach, Jr. Daily Journal. Education, and associate dean academy, will participate in the Faculty Scholar, as one of eight for public interest and clinical academy’s induction ceremony up-and-coming attorneys from Koski Receives Service education, was honored earlier in October in Cambridge, around the nation “who have Award this year with Northwestern Massachusetts. Academy positioned themselves to make a William Koski (PhD ’03), Eric and University’s 2007 Service to president Emilio Bizzi said the significant impact on their Nancy Wright Professor of Society Award, as selected by nominations recognize profession.” Martinez’s profile Clinical Education, received a the Alumni Awards Committee. “individuals who have made was featured in the magazine’s Public Service Award from The award “recognizes the preeminent contributions to September 24 issue. IMPACT, a California statewide voluntary efforts of alumni in their disciplines and to nonprofit organization serving various arenas that contribute society at large.” deaf and hard-of-hearing to the advancement of causes children. The award, presented or the improvement of society, Grundfest Appointed 33 April 21, recognizes Koski’s thereby reflecting favorably on to SEC Advisory contributions in advocating the University.” Marshall Committee, Named to equal educational opportunities received his JD summa cum Directorship 100 List

for deaf and hard-of-hearing laude from Northwestern Joseph A. Grundfest ’78, W. A. Stanford Lawyer / Fall 2007 children, such as his litigation University School of Law in Franke Professor of Law and work in the case J.C. v. 1985 and later became a Business, was among the 16 California School for the Deaf professor of law as well as co- individuals appointed to the and California Board of founder and legal director of Securities and Exchange Education. Koski served as the Center on Wrongful Commission’s new accounting Faculty Promotions counsel in the case, which Convictions where he advisory committee. Announced Stanford Law School granted full challenged the California School represented many wrongly by SEC Chairman Christopher tenure and professorship to for the Deaf’s exclusion of multi- convicted inmates. He joined Cox in July, the committee is Mariano-Florentino Cuéllar, disabled deaf children. Koski is the Stanford Law School charged with identifying ways to professor of law and Deane F. the founder and director of faculty in 2005. improve financial reporting and Johnson Faculty Scholar, and Stanford Law School’s Youth make it more accessible and Michele Landis Dauber, and Education Law Project Karlan Named Academy useful to investors. professor of law and Bernard D. (YELP). Fellow Grundfest was also named Bergreen Faculty Scholar. The American Academy of Arts to Directorship’s first annual Jayashri Srikantiah, associate and Sciences has elected “Directorship 100,” a list of the professor of law (teaching), was Pamela S. Karlan, Kenneth and 100 most influential figures in appointed for another three Harle Montgomery Professor of corporate governance in years. Alison D. Morantz, Public Interest Law, a member America. Nominated by assistant professor of law, was of its 2007 Class of Fellows. Directorship readers and a promoted to associate panel of 12 experts, the list was professor of law. featured in the magazine’s

MICHAEL JOHNSON September 2007 issue. Stanford_p34-35:1 trackingmigration.fall.0410/12/0710:28AMPage34 34

Stanford Lawyer / Fall 2007 degree andaPhDincomputerscience. Technical UniversityBerlin,simultaneouslypursuingherlaw back andforthbetweentheFreeUniversityBerlin She holdsthedistinctionofbeing firstresidentialfellowatStanford’sCenterforInternetandSociety in2000. was aseniorresearcherattheTelecommunicationNetworksGroup theDepartmentofElectricalEngineeringandComputerScienc exciting areasofresearchinthisfieldtoday.” “To me,understandingwhattheimpactofvariouschoiceswillbe andwhatrolethelawshouldplayinallthisisoneofth difficult tosolvewithouttechnicalexpertise,”shesays. it wasraisingahostoffascinatinglegalquestionsthatwere in 2000,theInternethadexploded.Moreover,it“wasclearthat move. BythetimevanSchewickcompletedherlegaleducation it fromnetworks.Herpaper,“TowardsanEconomicFrameworkforNetwork Neutrality,”publishedbythe is networkneutrality—whetherthelawshouldpreventprovidersfromslowingdownapplicationsandcontentorexclu issue towhichvanSchewickhaslentherconsiderableexpertise issue ofnetworkneutralityisfarfromresolved.Shealsofinishinga book, Schewick intendstocontinueherworkinthisareawiththegoalofhelping shapepolicyintheUnitedStatesandEurope,where qualified totacklesomeofthemost importantissuesofourage.” breed oflawprofessor,”saysDean LarryKramer.“Barbara’sexpertiseincomputerscienceandeconomics makesheruniquely in lawandequallywelltrainedother professionaldisciplinesrelevanttothecutting-edgeissuesofour day,Barbaraispa competition. antitrust law. work atStanfordwillbeteachingcommunicationslawand their work,”saysvanSchewick,whoinadditiontoherscholarly Germany yet,andGermanlawyersdidn’tusecomputersfor crazy. Atthetime,Internethadn’tbecomeverypopularin whether Icouldcombinethetwo.Mostpeoplethoughtwas didn’t wanttogiveupeithersubject,soIstartedwondering tinkering withprogramminglanguageslikeCandPascal.“I first computertwoyearsearlierandimmediatelytooktoit, But shewasalsodrawntotechnology.Shehadreceivedher a judgeononeofGermany’shighestcourts. discussing caseswithherfather, of herfavoritechildhoodmemoriesinvolved wanted tostudylaw.Afterall,some in 1992,BarbaravanSchewickknewshe When shegraduatedfromhighschool v Barbara NEW Telecommunications and High Technology Law Law Technology High and Telecommunications Arguments in the Original Internet Original the in Arguments an Schewick • • And soithappenedthatvanSchewickshuttled “Technical, legal,andeconomicchoiceswillaffectwhethertheInternet canrealizeitsfullpotential,”saysvanSchewick. , andconductingresearchonhowfutureInternetarchitecturemight affectinnovationand • It wasaprescient • this spring,waswidelyhailedforitsgroundbreakinganalysis. Van SchewickcomestothelawschoolfromTechnicalUniversity Berlin,whereshe • One —AMY POFTAK(BA’95) Architecture and Innovation: The Role of the End-to-End the of Role The Innovation: and Architecture Journal of Journal F • At Stanford,van • “Superbly trained rt ofanew e most the ding e. A

LENNY GONZALEZ Stanford_p34-35:1 tracking migration.fall.04 10/12/07 10:28 AM Page 35

CULTY

Visiting Faculty TIMOTHY R. ROGELIO PEREZ- in 1966 from Yale University HOLBROOK PERDOMO and his JD in 1969 from Harvard Law YIFAT HOLZMAN- (CHICAGO-KENT SCHOOL OF LAW, (UNIVERSIDAD School. GAZIT ILLINOIS INSTITUTE OF METROPOLITANA, VENEZUELA) (COLLEGE OF MANAGEMENT LAW TECHNOLOGY) Rogelio Pérez-Perdomo, dean of the JENNIFER URBAN SCHOOL, ISRAEL) Visiting Associate Professor of Law law school at the Universidad (USC GOULD SCHOOL OF LAW) Visiting Professor of Law Yifat Timothy R. Holbrook, an associate Metropolitana in Caracas, Jennifer Urban is serving as visiting Holzman-Gazit JSM ’94, JSD ’97, professor of law with tenure and the Venezuela, has been a frequent visit- associate professor of law and whose stay at Stanford Law is associate director of the Program in ing professor to Stanford since 1998 interim director of Stanford Law’s supported in part by a grant from Intellectual Property Law at the and is teaching Latin American Law Cyberlaw Clinic, which gives the Charles and Lynn Schusterman Illinois Institute of Technology’s this fall. A leading scholar of students hands-on opportunities to Family Foundation, is teaching Chicago-Kent School of Law, is sociology of law in Latin America, he participate in supervised counseling, Comparative Constitutional teaching IP: Patents and IP: has written extensively on the legal licensing, litigation, policy and Property Rights in the fall and Minor- Trademark this fall. Prior to joining profession and litigation, and legislative advocacy in matters ity Rights in Israel in the spring. She the Chicago-Kent faculty in 2000, he recently he has conducted involving technology and the public is a faculty member at the College of was an associate with the comparative studies of interest. At USC, she is a clinical Management Law School in Israel. Washington, D.C., law firm of Wiley, governmental corruption. He is the associate professor of law and She clerked for Justice Eliezer Rein & Fielding, where his practice author of several books, including director of the USC Intellectual Prop- Goldberg of the Supreme Court of Is- focused on patent and appellate Latin American Lawyers: A erty and Technology Law Clinic. rael and was an advisor to the Israeli litigation. After earning a BS in 1993 Historical Introduction, and co- Additionally, she is a member of the Interministerial Committee on from North Carolina State University editor of Legal Culture in the Age USC Center for Communication Law Reform of Land Expropriation Law and a JD in 1996 from Yale Law of Globalization: Latin America and Policy and a fellow of the USC from 2003 to 2004. Holzman- School, he clerked for the Honorable and Latin Europe. Pérez-Perdomo Annenberg Center for Communi- Gazit’s scholarship focuses on Glenn L. Archer Jr. of the U.S. Court holds a JD (’64) and PhD (’75) from cation. Before joining USC in 2004, property law, the Israeli-Palestinian of Appeals for the Federal Circuit, the Universidad Central de Urban was a lecturer and visiting land conflict, and courts and media and worked in Budapest, Hungary, Venezuela and an LLM (’72) from professor at UC Berkeley’s Boalt Hall 35 coverage. Her book, Land with the patent law firm Danubia. Harvard Law School. School of Law. Prior to that, she was Expropriation in Israel: Law, an attorney with the Venture Law Culture and Society, is due to be BARBARA OLSHANSKY WILLIAM H. TAFT IV Group in Silicon Valley. She holds a published later this year. Holzman- (CENTER FOR CONSTITUTIONAL (FRIED, FRANK, HARRIS, SHRIVER & BA (’97) from Cornell University and

Gazit holds an LLB from the Hebrew RIGHTS) JACOBSON) a JD (’00) from Boalt Hall. Stanford Lawyer / Fall 2007 University of Jerusalem. Barbara Olshansky ’85 serves as William H. Taft IV joins Stanford Law the Leah Kaplan Visiting Professor for the 2007–2008 school year as JONATHAN ZITTRAIN JOHN C. HARRISON in Human Rights, teaching the Warren Christopher Professor of (OXFORD UNIVERSITY) (UNIVERSITY OF VIRGINIA Guantánamo, Law, and the War on the Practice of International Law Visiting Professor of Law Jonathan SCHOOL OF LAW) Terror in the fall and establishing an and Diplomacy, teaching Zittrain, professor of Internet John C. Harrison is serving as the international human rights clinic. Contemporary Issues in governance and regulation at Herman Phleger Visiting Professor Previously, she led the Guantánamo International Law and Diplomacy in Oxford University and the Jack N. of Law, teaching Civil Procedure Global Justice Initiative at the the fall and Foreign Relations Law in and Lillian R. Berkman Visiting Pro- this fall. He is the David Lurton Center for Constitutional Rights the spring. He is also a visiting fessor for Entrepreneurial Legal Massee Jr. Professor of Law and (CCR) and was its deputy legal scholar at the Freeman Spogli Studies at Harvard Law School, is Henry L. and Grace Doherty director litigating civil and human Institute for International Studies. teaching Torts this fall. Zittrain co- Charitable Foundation Professor at rights cases. After receiving two Taft is of counsel in the Washington, founded Harvard Law School’s the University of Virginia School of bachelor’s degrees in 1982 D.C., office of Fried, Frank, Harris, Berkman Center for Internet & Law. A graduate of the University from the University of Rochester, Shriver & Jacobson. In addition to Society; he is also a principal of Virginia (BA ’77) and Yale Law Olshansky attended Stanford Law, working many years in private investigator of the OpenNet School (JD ’80), Harrison was an where she helped establish the East practice, Taft has had an Initiative, a comprehensive effort to associate at Patton Boggs & Blow in Palo Alto Community Law Project extraordinary career as a public track Internet filtering worldwide, Washington, D.C., and clerked for to serve low-income residents. She servant, holding positions at the Fed- run by researchers at the the Honorable Robert Bork on the clerked for former California eral Trade Commission, the Office of University of Toronto, the University U.S. Court of Appeals for the Supreme Court Chief Justice Rose Management and Budget, the U.S. of Cambridge, the Oxford Internet District of Columbia Circuit. Bird, served as a union-side labor Department of Health, Education Institute, and Harvard Law School. He joined the Virginia Law faculty and plaintiff’s employment and Welfare, and the Department of His scholarship focuses on digital in 1993 after a distinguished career discrimination lawyer, and Defense, where he was general property, privacy, and speech, and with the U.S. Department of argued cases for the Environ- counsel and then deputy secretary battles over Internet architecture, Justice, where he served in mental Defense Fund. In 2005, the of defense. Taft has also served as covered in his forthcoming book The numerous capacities, including as Stanford Public Interest Law U.S. Ambassador to NATO and the Future of the Internet –And How deputy assistant attorney general Foundation named Olshansky U.S. Department of State’s Legal to Stop It. He holds degrees from in the Office of Legal Counsel from its Public Interest Lawyer of Advisor, the highest legal position in Yale University (BS ’91) and Harvard 1990 to 1993. the Year. the department. He received his BA (JD/MPA ’95). Stanford_p36-37:1 trackingmigration.fall.0410/12/0710:28AMPage36 36

Stanford Lawyer / Fall 2007 framework interact. and regulatory Venezuelan oilrevenues and DavidVictor, Professors ThomasHeller school. Working with fellowship from thelaw summer publicinterest Development anda and Sustainable Program onEnergy support from Stanford’s to findout,thanks researching Venezuela trying developing countries? the lawinresource-rich What happensto P ERS LAW ANDOIL I havebeenexamininghow I havespentsometime By DavidHults’08 AND DOWNS VENEZUELA’S HISTORYSHOWSTHEUPS largely onthestrengthofvotes fromthe Chávez becameVenezuela’s president, ernment revenues.In1999,however, Hugo domestic productandnearlyhalf ofgov- which accountsforone-thirdofitsgross ceived littleofthecountry’soilwealth, latory environment.Butthepoorhadre- governments fosteringapro-businessregu- controlled—democracy, withseveral was astable—thoughcorruptandelite- veloping country.Fordecades,Venezuela of legal institutions inade- institutions legal of ences werewonderful.Thecountry hasa follow-up research.Eachtimemy experi- ing the2007springbreakto conduct industry. Iwenttothecountry again dur- World Bankandtostudythecountry’soil 2006 toworkonruleoflawissuesatthe lived inVenezueladuringthesummerof I visitedthecountrytolearnmore.first tinued tofueltheVenezuelaneconomy. Venezuelan rulebook.Meanwhile,oilcon- in power,Chávezbeganrewritingthe Venezuelan poorandworkingclass.Once To betterunderstandVenezuelatoday,

GREG CLARKE Stanford_p36-37:1 tracking migration.fall.04 10/12/07 10:28 AM Page 37

C T I V E S IN VENEZUELA

relaxed, Caribbean-flavored feel. Venezue- Chávez’s ambitions, he may have the critical of the government. lans flock to the shore each weekend, and popular support to rewrite it; he has al- Although my research is not yet com- beat-heavy reggaeton music fills the city ready done so once. His efforts to elimi- plete, I have begun sharing my findings streets. During the summer, I lived with nate presidential term limits are a recent with the academic community. During Venezuelan university students who loved case in point. the spring of 2007, several Stanford Law talking politics and preparing local dishes And Chávez is increasingly using his students and I presented our initial re- (my personal favorite is a simple, Cheese powers to bypass legal institutions alto- search at two academic conferences, at- Whiz-smothered arepa). gether. He obtains a growing share of tended by academic and industry experts My research was equally fruitful. With government revenues in the form of extra- from across the world. the Stanford name behind me, I had the budgetary quasi-taxes on PDVSA I remain cautious but hopeful about opportunity to meet with government offi- (Petroleos de Venezuela S.A.); by my Venezuela’s future. The Chávez govern- cials, academics, and foreign investors. And rough estimate, nearly half of government ment may receive most of Venezuela’s despite the recent animosities between the monies flow outside the preliminary offi- headlines, but the country’s story is more U.S. and Venezuelan governments, my na- cial budget. Chávez has used some of complex. American culture and baseball tionality never became an issue. Venezue- these funds to stifle, rather than regulate, are widely popular, almost overshadow- lans of all political stripes—whether they perceived threats to state power. ing the war of words between the current were high-level contacts or taxi drivers— Over the long run, I believe Chávez’s U.S. and Venezuelan governments. And 37 enthusiastically offered their views to me. disregard for stable regulatory institutions although Chávez’s concentration of may damage the country’s oil revenues. power is serious cause for concern, his The Venezuelan takeover of key foreign- tenure has given the poor a more as-

Government Control owned oil interests and unstable regula- sertive role within Venezuelan society. Stanford Lawyer / Fall 2007 tion of the oil sector have antagonized With luck, Venezuela’s newfound voices These interviews gave me sharply con- many foreign investors and, in some cases, will eventually give the country a trasting portraits of Venezuela. Govern- prompted them to seek international arbi- stronger rule of law and better prospects ment officials argued that Chávez tration remedies. And punishing govern- for development. SL established effective government control of ment quasi-taxes may have deprived the oil industry. Foreign investors, on the PDVSA of the necessary resources to David Hults ’08 is interested in international law, other hand, warned that Chávez’s changes maintain oil production levels. particularly the relationship between the rule of law to the regulatory environment would even- Looking beyond the oil sector, some of and international development. He has worked at the tually come back to haunt the country. Chávez’s initiatives have helped correct World Bank and as a summer associate at Cleary My sense is that Venezuelan oil rev- the country’s long-standing income in- Gottlieb in New York and Washington, D.C. enues have allowed Chávez to control equality and economic mismanagement. His research on Venezuela was funded, in part, by the regulatory environment, at least for Chávez has, notably, implemented inno- the Freeman Spogli Institute for International the short term. Surging oil prices have vative health and food programs as well as Studies’ Program on Energy and Sustainable helped give Chávez enough popular improved tax collection and debt policy. Development (PESD), a Stanford program that support to govern the country with al- Yet he has also used his powers to examines energy markets worldwide, sponsors field most no legal constraints. He has broad- shut down sources of dissent. The gov- seminars and courses, and recently gained a new ranging powers to rule by decree. ernment launched its own television net- $7.5 million gift from the BP Foundation to support Where his decree powers fall short, work in 2005 and purchased controlling such research. His work has been supervised by Chávez has pushed through new legisla- stakes in major telecommunications and PESD Director David Victor, professor of law, and tion, thanks to his near-complete control electric companies in early 2007. Earlier FSI senior fellow Thomas Heller, the Lewis Talbot of the legislature. And if the constitution this year, it forced a major television and Nadine Hearn Shelton Professor of ultimately proves too meddlesome for network off the air because it had been International Legal Studies. Stanford_p38-39:1 trackingmigration.fall.0410/12/0710:28AMPage38 38

Stanford Lawyer / Fall 2007 economy istellingusweneed.” adividebetweenwhatwesaywantfrom“There’s immigrationandwhatthe hearing onimmigrationheldEllisIsland. “Where MillionsEnteredU.S.,aDebateonLettinginMore,”quotesSiciliano’stestimonyatcongressional of theStanfordPrograminLaw,Economics&Business, help cooltheplanet,”inwhichHayesoffersinsightonsimple,at-homemethodsofreducingemissions. DENIS HAYES’85(BA’69,MBA’74)inaMay15 can justbuythatsamevegetablefromsomebodylivesontheoutskirtsofyourcommunity,energysavingsarestunning.” “About 10percentofalltheenergyusedinAmericagoestofarmingfood,processingtransportingfromseed ALUMNI ANDFACULTY SPEAKOUT RalphM.ParsonsProfessorofLawandBusiness,in JOSEPH BANKMAN, evasion bysmallbusinessownersincasheconomies. Curriculums,” examiningcurriculum changesatlawschools. AR RMR RichardE.LangProfessorofLawandDean,inaSeptember 10 LARRY KRAMER, the onepartthat’snotreallybroken. Thefirstyeardoesagreatjobteachingstudentsthecoreskillofthinking likealawy “We areconcentratingourenergies onthesecondandthirdyears,whereweknowarefailingstudents. .Itseemsto experimental genetherapydrugs. (BA ’74), Deane F.andKateEdelmanJohnsonProfessorofLaw,quotedinanAugust6 Deane (BA ’74), if mydoctorisdoingthis,itmustbegoodforme.’Thatcandifficulttoovercomewithwordsinaconsentform.” “Because oftherelationship...youhavetoworrythattheywon’tlistencarefullyenoughrisk.[Patientsmaythink]‘A “These aren’tsomeeasy-to-vilifySiliconValleyentrepreneurs.They’reMaandPawhorunasuccessful,ornot-so-successful, volleyball coachatCaliforniaStateUniversity,Fresno. Leaving CollegiateRanks.”ThearticleaddressesTitleIXinrelationtoarecentdiscriminationsuitfiledbyfemale ErnestW.McFarlandProfessorofLaw,intheJuly4 DEBORAH L.RHODE, a SupremeCourtpaneldiscussion. the July1 PAMELA S.KARLAN,KennethandHarleMontgomeryProfessor ofPublicInterestLaw,asquotedin “If thisisthebirthofanewconstitutionalera, allIcansayiswhatanuglybaby.” competing with other women and running thoseprograms.” competing withotherwomenandrunning women arefacingbarrierstogettingthosejobsthatweren’ttherewhentheywere made positionscoachingwomen’steamsmuchmoreattractivetomen..Often “Title IXopenedsomanymoreopportunitiesforwomenathletes,butitalso San FranciscoChronicle nthe in MarketWatch.com A IIIN 9,lecturerinlawandexecutivedirector DAN SICILIANO’99, article, “RulingsSealHighCourt’sShifttoRight.”Karlan’scomment wasmadeat The NewYorkTimes article, “Turndowntheheat:10waysyoucanreduceyourcarbonemissionsto Forbes . TheApril23story,“TheEvaderNextDoor,”addressestax National Law Journal Law National . TheMarch31article, Washington Post Post Washington story, “SeveralSchoolsAdjustTheir Associated Press story illuminatingtherisksof HENRY T.“HANK”GREELY story, “FemaleCoaches er.” fter all, us amistaketofix the plate..Ifyou restaurant.” Stanford_p38-39:1 tracking migration.fall.04 10/12/07 10:28 AM Page 39

“Whenever there’s a sort of spotty civil innovation, it takes civil society some time to catch up.” NATHANIEL PERSILY ’98, as quoted in The New York Times. The April 13 article, “Equality Elusive Under New Jersey Civil Union Law,” addresses discrimination and health care plan difficulties faced by civil union partners.

“I saw a parade. . .and I got in front of it.” J. MICHAEL ARRINGTON ’95 quoted in the June 22 Wired Magazine article, “TechCrunch Blogger Michael Arrington Can Generate Buzz. . .and Cash.” The article profiles Arrington and the history behind his startup company, TechCrunch.

“Although the world supposedly realizes that Al Qaeda’s willingness and ability to strike at a time, day, and city of its choosing require a sustained and coordinated global response, the fact remains that we have not devoted the kinds of resources to the needs of law enforcement if this threat is to be reduced in any meaningful way.” RONALD K. NOBLE ’82 in his July 3 opinion piece, “A New Anti-Terror Strategy,” in International Herald Tribune.

“In reality you cannot separate the two territories completely. . . . Eventually, the two parties will have to find a mechanism to keep funds flowing to Gaza, and that will require international support.” DIANA BUTTU, JSM ’00, comments on the state of political divide in Gaza in the June 18 Los Angeles Times article, “As divide deepens, Gaza’s fate uncertain; U.S., Israel back new regime in West Bank. Funding likely to follow.”

“The conclusion of Jose Padilla’s criminal trial in a federal court yesterday shows that waging the ‘war on terror’ does not require giving up our constitutional values or substituting military rule for the rule of law. The jury’s guilty verdict should be appealed, but the verdict on the Constitution is in: We should keep it.” JENNY S. MARTINEZ, associate professor of law and Justin M. Roach, Jr. Faculty Scholar, in an August 17

Washington Post op-ed, “The Real Verdict on Jose Padilla,” on the implications of the Jose Padilla trial and verdict. 39 Stanford Lawyer / Fall 2007

“The government is being very aggressive in its use of the state-secrets doctrine. newsYou could be left with a situation where the executive branch acts unilaterally because everything it is doing remains secret.” DEREK SHAFFER ’00, lecturer in law and executive director of the Stanford Constitutional Law Center, commenting in the August 13 San Jose Mercury News story, “San Francisco Judges to Hear Wiretap Arguments.”

“Much of the world is skeptical because the Bush administration has such a poor track record on this topic. . . . But on the face of it, this initiative does not undermine Kyoto. If the initiative leads to more serious efforts by the U.S. and by key developing countries, it will in fact breathe life into the whole enterprise aimed at protecting the planet, including Kyoto.” DAVID VICTOR, professor of law, in the June 4 New York Times article, “Bush Climate Plan: Amid Nays, Some Maybes.” In the story, Victor provides contrast to skepticism surrounding Bush’s recently proposed climate plan.

“What we actually have is a pretty bold conservative agenda, but it’s clothed in the gentle language of traditional modesty and restraint.” Stanley Morrison Professor of Law and former dean KATHLEEN M. SULLIVAN commenting on the recent Supreme Court term on NPR on July 3. Professor Pamela S. Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law, and Thomas C. Goldstein, lecturer in law, were

MICHAEL JOHNSON, NOAH BERGER, DAVID WEINTRAUB, AND JUDITH ROMERO featured on the same segment. Stanford_p40:1 tracking migration.fall.04 10/12/07 10:29 AM Page 40

GATHERINGS

Maren Christensen and Dan Cooperman JD/MBA ’76 participating in the "Law in Virtual Worlds" session of Stanford Law School's Fourth Annual E-Commerce Best Practices Conference on June 18, 2007

Fred Smith ’07 arguing his case at Stanford Law School’s annual Kirkwood Moot Court Competition on April 20, 2007

Michael Cutler ’81, Joan Timbie, Richard Timbie ’71 (BS ’68), and 40 Martin Wald ’85 gather at “An Evening at the National Museum of the American Indian” in Washington, D.C., on May 1, 2007. Stanford Lawyer / Fall 2007

Cody Harris ’07 (BA ’00), Dean Larry Kramer, and Bret Logue ’07 (BA ’99) at the Board of Visitors’ “Dinner in Honor of the Class of 2007” on April 25, 2007

Classmates Marc Peters ’00 and Ulysses Hui ’00 catch up at the “Protecting IP in China” event on August 15, 2007. FROM TOP: JOE NETO, STEVE GLADFELTER, BILL GEIGER, MISHA BRUK, GLADFELTER 90

Stanford Lawyer / Fall 2007 CLASSMATES nmem in Daley; sevengrandchildren;andsixgreat-grandchildren. Walter, Dennis,Timothy,andJohn;sistersOliveDesmondEdith the LongBeachMunicipalCourt.Heissurvivedbyhisfoursons, president oftheLongBeachBarAssociationandjudgeprotem organizations, includingtheLegalAidFoundation,andservedas time ofhis1995retirement.Walterwasactiveinmanycommunity served almost60yearsasalawyerandjudgeinLongBeachbythe World WarIIveteran,hededicatedhislifetopublicservice,having granddaughters Molly,Sarah,Christian,andLocke. his wife,Toni;daughtersMandy,Lisa,andKathy; from StanfordUniversityin1979forhisefforts.Heissurvivedby David wasalsoaphilanthropistandreceivedtheGoldSpikeAward Association, andafellowoftheAmericanCollegeTrialLawyers. of theStateCalifornia,presidentBeverlyHillsBar was amemberandchairmanoftheCommitteeBarExaminers died May21,2007.DavidpracticedinLosAngelesfor45years, one son,Richard;grandson;sister;andbrother. survivors includetwodaughters,AnneHaydenandJonnineSue; the 1950s.Jack’swifeof61years,Barbara,diedin2004.His Goodwill IndustriesinSanJoseandBenito,Calif.,counties Planning Commissionandchairoftheboarddirectors counsel, retiringin1980.HeservedaschairoftheSaratoga and WebsterinSanJosebeforejoiningIBM1957aslegal died April29,2007.Hewas87.JackpracticedlawatBeresford July 14,2007,atage87. profession. Having initiallypracticedbusiness law,helater the KoreanWar, servedintheNavybeforeentering thelegal March 14,2007,of pneumonia.Monroe,aveteranofWorld WarIIand Thomas, Patrick,andTimothy. daughters CatharineKalinandAnnePaine;sonsMichael, integrity andeloquence.Heissurvivedbyhiswife,Betty; course of3,000judicialrulings,hecametobeknownforhis Appeals leftanundeniableimpactonhiscommunity.Overthe County andthenasjudgeontheSanFranciscoDistrictCourtof May 12,2007.HisextensivecareerasastatesenatorfromSonoma WALTER DESMONDJR.’33 daughter Kate;eightgrandchildren; andsisterLois. Sally, in2004andissurvived by sonsThomasandCharles; adventurous personality.Hewas precededindeathbyhiswife, was well-knownforhisgenerosity, keensenseofhumor,and of Myers,Hawley,Morley,Myers& McDonnellinLosAltos.Melvin Justice. Hepracticedformuchofhiscareerwiththecivillawfirm sheriff andbrieflyasdeputydirectorofthestateDepartment to socialjusticeandservedforseveralyearsasSantaClaraCounty served asacaptainintheArmyAirForces.Melvinwasdedicated the BayAreawithhiswifeandchildrenfollowingWWII,inwhichhe 2007 ofnaturalcausesatage86.BorninChicago,hemovedto Maurice; andmanygrandchildrengreat-grandchildren. wife, Gloria;daughtersChristineandKathrynAnn;sonDaniel preceded indeathbydaughterCarolGayandissurvivedhis dedicated familyman,andanactivememberofthechurch.Hewas his educationinlaw,MauricewasaCertifiedPublicAccountant, instructor attheNavalAirStationinOttumwa,Iowa.Inadditionto March 9,2007.MauriceservedintheNavyduringWWIIasaflight JOHN D.“JACK”WEBSTER’49(BA‘41) MERLIN WAYNEBAKER’49 MAURICE EDWARDSMITH’48 HON. JOSEPHA.RATTIGAN’47 MONROE W.KIRKMAN’52(BA’49) MELVIN L.HAWLEY’52 DAVID B.HEYLERJR.’51(BA’48) of LongBeach,Calif.,diedMay3,2007.A of LosAltos,Calif.,diedinMay of SantaBarbara,Calif.,died of St.George,Utah,died of SantaRosa,Calif.,died of PebbleBeach,Calif., of LaJolla,Calif.,died of Saratoga,Calif., Benthem, andLynneKratka;sonKurt;fourgrandchildren. Karla andJohnNicholas,LisaPeterNooteboom,Loreleivan survived byhiswifeof24years,Reba;daughtersandsons-in-law preceded indeathbyhisfirstwife,Jean,andson,John.Heis Navy Reservesasacommanderafter25yearsofservice.Hewas years, JohnservedinKoreaandVietnamretiredfromtheU.S. August 12,2007.Hewas77.Acivilandcriminalattorneyfor42 died August21,2007.Asreportedinthe years, Marjorie,andsonsWilliamTimothy. son, Jeffrey,predeceasedhim.Heissurvivedbyhiswifeof50 sitting asavisitingjudgeincourtsalloverCalifornia.Hismiddle Reagan. Heserveduntilhisretirementin1983,whenhebegan criminal deputywhenappointedtothebenchbyGov.Ronald Mateo DistrictAttorney’sOffice,leavinghispositionaschief beginning intheFBI1955.Twoyearslater,hejoinedSan Sigma Kappa,heenjoyedalongcareerinlawenforcement, Calif., diedMarch14,2007.AnArmyveteranandamemberofPhi work ethic. practice in1960.Hewillberememberedforhisdedicationand specialized inestateplanning,wills,andtrusts,setuphisown Marley, andRuby. Lisa, Joel,andRaychel,alongwithhisgrandchildrenDylan,Elliott, of theLosAltosHillsTownCouncil.Heissurvivedbyhischildren, member ofCongregationBethAminLosAltosHillsanda on August24,2007.Alongtimeattorney,hewasafounding of Pasadena.Heissurvivedbyhiswife,Janice(BA’60). charitable organizationsaswelltheFirstUnitedMethodistChurch dedicated totheClaremontSchoolofTheologyandinvolvedinmany Gibson, Dunn,&Crutcher,whereheretiredaspartner.Hewas death wasanhonorarylifememberoftheboard.Roypracticedwith trustees ofClaremontSchoolTheologyandatthetimehis 28, 2007,ofpneumonia.Roywasformerchairtheboard Law. Healsoserved aspresidentoftheSanta ClaraBar remained active in theLawyersCommitteeforCivil RightsUnder for votingrights forAfricanAmericans.Until his deathJim Ware traveledtotheSouthstand aswitnessesinthestruggle Freidenrich. Passionateaboutcivil rights,JimandlawpartnerLeo would eventuallybecomeDanaher, Fletcher,Gunn,Wareand ’54) formedthePaloAltolawfirm, Danaher&Fletcher,which Angeles. In1961,JimandSLSclassmate DavidFletcher’58(BA Stanford LawandtookajobwithGibson, DunnandCrutcherinLos Intelligence Agency.Jamesgraduatedsecondinhisclassfrom D.C., andlaterFrankfurt,Germany,toworkfortheCentral Jim graduatedfromDartmouthin1951,thenmovedtoWashington, Ariz., diedJune25,2006. brothers DavidandBen;nephewRobert. Brad, Lezlie,Gregory,John,James,Jerry,Peter,andMichael; curiosity, andintellect.Heissurvivedbyhiswife,Karen;children his familyandchurch,Calvinwillberememberedfordedication, prostate cancerandcontinuedhiseffortsuntildeath.Devotedto Earthquake Committee.Calvinwasalsoactiveinthefightagainst on theWoodsidePlanningCommission,MountedPatrol,and for 54years,aswellacommunityactivistandleader.Heserved August 6,2007.Calvinwasadedicatedlawprofessional,practicing ROY D.MILLER’54 CALVIN FRANCISGUNN’53(BA’52) FRANK LAFONTAINE’52, JAMES T.“JIM”DANAHERIII’58 JOHN C.VANBENTHEMIII’56(’50) LEROY JACKKUBBY’54(BA’52) HON. WILBURR.JOHNSON’54(BA’51) of PacificPalisades,Calif.,diedJanuary last knowntobelivinginGilbert, of MenloPark,Calif.,died San Francisco Chronicle Francisco San of Woodside,Calif.,died of LosAltosHills,Calif., of Poway,Calif.,died of RedwoodCity, , sons, Kirtland,Talbot,andTravis. the RepublicanPartyinPortolaValley.Heissurvivedbyhisthree member ofthePeninsulaHarvardClubandanactivesupporter Reserve for33years,attainingtherankofcaptain.Hewasa officer. HeservedintheKoreanWarandthenwithNaval worked onthelegalteamatAmpexElectronics—andanaval December 31,2006.Danawasbothanaccomplishedlawyer—he wife, JanetNolan; nephewJohnZidik;andnieceJana ZidikKreiger. York Intellectual Property LawAssociation.Heis survived byhis nominated forthe positionofsecondvicepresident totheNew Property Group.Johnservedas elected treasurerandwaslater recognized asarespectedleader withinthefirm’sIntellectual 2007. HewasapartneratKramer LevinNaftalis&Frankelandwas Flowers v. Torrance Memorial Hospital Medical Center Center Medical Wolf. Hospital v. Brown & Memorial Huskinson Torrance v. Flowers Rogers; andgrandchildrenPatrick,Brooke,Justin,Eva. sons Michael’80,Steve,Jim,Peter,andTom;stepsonBlaine basketball. Jimissurvivedbyhiswife,Kathleen;brotherFrancis; strong Stanfordsupporterandlovedfootball member oftheStanfordLawSchoolBoardVisitors.Hewasa commissioner andcitycouncilorfortheCityofLosAltos,asa Association, presidentofthePaloAltoBarplanning He issurvivedbyhiswife,KarenKadushin. commercial pilot,andactiveparticipantinvariouspublicaffairsroles. years’ experience,aswellayachtsman,sportscardriver,licensed Monterey CollegeofLaw.HewasaNavalReservecaptainwith30 law attheUniversityofSanFrancisco,GoldenGateUniversity,and counsel fortheCaliforniaStateAutomobileAssociationandtaught dedicated totheprofessionoflaw;heserved25yearsasin-house though receivedhislawdegreefromGoldenGateUniversity.Billwas Beach, Calif.,diedJuly12,2007.Hewasamemberofthe1963class, known especiallyforhisvictoriesinthestateSupremeCourtcases June 17,2007,ofcomplicationsafteraheartattack.Robertwas wife, Margie;sonWilliamJr.;andbrotherRaymond. and theMasonicLodgeinLaJolla.Heissurvivedbyhis Lodge 2011 Forces duringWorldWarII.HewasamemberofChulaVistaElks June 26,2005.BorninIllinois,WilliamservedtheArmyAir Clay andRobert;daughtersTyeMarcia;sixgrandchildren. Mitchell anditssuccessors.Heissurvivedbyhiswife,Mickey;sons Thomas spentmorethan30yearsatSanDiegofirmHervey& efficiency andorganizationalskills.Priortoservingonthebench, judge, handlingprimarilyprobatecases.Hewasrenownedforhis and lymphoma.Thomasservedfor11yearsasasuperiorcourt Calif., diedJune14,2007,athomeofcomplicationsfromleukemia grandchildren. Janet; theirthreechildren,Laurie, Christine,andTedJr.;five survived byhismother,Jennie;twosistersCarolandAnn;wife, the WashingtonandCaliforniastatebarassociations.Heis resident ofBellevue,Wash.,for41years.Theodoreservedonboth died March16,2007.HewasborninPocatello,Idaho,buta Safari Club.Heissurvivedbyhisbrother,Hal. American BoardofTrialAdvocatesaswellamemberthe was amemberoftheAmericanBoardTrialAttorneysand in ManhattanBeachandHuskinson&KosmoHollywood.Robert oriam JOHN EMRICHDANIEL’73 THEODORE DEATON’65(BA’57) ROBERT RAYHUSKINSON’64 WILLIAM ADAMS“BILL”ROBINSON’63(BA’58) DANA CLARKPETERSON’60 WILLIAM DUERKSEN’59(BA’57) HON. THOMASREIDMITCHELL’58(BA’55) He wasfounderofHuskinson&Brown of NewYork,N.Y.,diedApril28, of PortolaValley,Calif.,died of LosAngeles,Calif.,died of SanDiego,Calif.,died of HuntsPoint,Wash., of LaJolla, of Pebble and 1999 anddevotedherselftowritingcommunityactivism. Rice, Nemerovski,Canady,Robertson&Falk.SheleftStanfordin practice in1986andlaterjoinedtheSanFranciscofirmofHoward, the U.S.DepartmentofCommerce.Sheenteredprivatelegal in 1980shewasnamedspecialassistanttothegeneralcounselof 1978. AfterworkingasaStateDepartmentattorneyfortwoyears, Studies in1975,andherlawdegreefromGeorgetownUniversity from JohnsHopkinsUniversitySchoolofAdvancedInternational degree fromMountHolyokeCollegein1973,amaster’s Stanford LawSchoolforfiveyears,sheearnedherbachelor’s pancreatic cancer.Aprofessorofinternationalbusinessat Evva; andsonsEvanEthan. Mildred; fatherKwanHi;sisterJoanne;brotherSteven;hiswife, Intermediate CourtofAppeals.Heissurvivedbyhismother, 2007. JohnservedasassociatejudgeforthestateofHawaii many friendsandrelatives. wife, Karen;childrenDaniel,Robin,andAmy;brotherRalph; Chicago BarAssociation.Heissurvivedbyhismother,Joan; American BarAssociation,theStateofWisconsin,and worked formorethan15years.Larrywasamemberofthe Securities andFinancialInstitutionsPracticeGroup,wherehe August 14,2007.LarrywasashareholderinGodfrey&KahnS.C.’s Beth. sister Sandra;hiswife,Robin;sonsNathanandElliot;daughter survived byhisparents,HymanandJacqueline;brotherBernard; College. Hewasknownforhisdrysenseofhumorandloyalty.is LLP andservedasanadjunctprofessorinjournalismatEmerson Lawyers inAmerica.”BobworkedatBrownRudnickBerlackIsraels lawyer, forwhichhewaslistedinWoodward/WhiteInc.’s“TheBest in practiceformorethan25years,andaveteranFirstAmendment July 27,2007,oflungcancer.Bobwasawell-knownmedialawyer, Chase, Tessa,andLucas. Ky. Heissurvivedbyhiswife,Marianne,andchildren,Patrick, Jesus ChristofLatter-daySaintsandservedamissiontoLouisville, Canyon StakeinDraper.HewasanactivememberofTheChurch Dodge ofSaltLakeandservedontheHighCouncilCorner diagnosis, MarkwasapartnerinthelawfirmofHatch,James& cholangiocarcinoma, arareformoflivercancer.Atthetimehis January 19,2007,aftera15-monthstrugglewith daughter, Laurie Spaeth ofStanford;andtwograndchildren. Guild. Sheilaissurvived byherson,GrantSpaethof LosAltos;her and servedonthe boardsoftheCommitteeforArt andtheMusic president oftheCommunityCommittee forInternationalStudents for herservice,Sheilawasafounding memberandsecond moved totheUnitedStatesin1932. Widelyrespectedoncampus was aRhodesScholaratOxford. Theyweremarriedin1931and introduced toCarlSpaethbyaScottish uncleandauntwhenhe 8, 1906,inEnglandatStreatham, outsideLondon.Shewas school from1946to1962.DorothySheilaGrantwasbornFebruary was marriedtothelateCarlSpaeth,whoservedasdeanoflaw She was101.AlongtimesupporteroftheStanfordcommunity,she Friend LARRY DAVIDLIEBERMAN’84 JOHN SOOWANLIM’83 MARK ROBERT“BOB”DUSHMAN’73 SHEILA SPAETH LINDA MABRY MARK RAYMONDCLEMENTS’95 FACULTY of PaloAlto,Calif.,diedApril4,2007, of PaloAlto,Calif.,diedMarch30,2007. of Makakilo,Hawaii,diedJune13, of Mequon,Wis.,died of Draper,Utah,died of Newton,Mass.,died

CLASSMATES Stanford Lawyer / Fall 2007 91 IN FOCUS requires an understanding of the forces that produce Remembering a Cross-Country Journey uncertainty and change in intellectual property law and, if not to Law School always the insight to predict their outcomes then, at least, the

CONTINUED FROM PAGE 11 ability to plan for them. then I drive up and hit one of the urns at the front of the hotel.” Why are intellectual property rules so much more mercurial Day 7: There was no time to waste. Made the exit ramp on two than other property rules? (If real property rules were similarly wheels, stopped by the Church of Elvis (Get your drive-through weddings unstable, the Empire State Building, fully rented one day, here!) and made a triumphant victory lap around the parking lot and would be open to squatters the next.) The answer stems from sidewalks at Caesars Palace. . . . We put on the parking brake, gave the fact that intellectual assets—inventions, entertainment, Sheryl Crow a kiss, Frank Sinatra a high five, his “escort” a tip, and brand names, collections of data, trade secrets—are information Siegfried (or was that Roy?) a fat lip. It was time to gamble. and, as such, are inexhaustible. Unlike the Empire State After Vegas, it was Stanford or bust. But first, the gang Building, information can be used by unlimited numbers of decided to take the truck for a spin up Highway 1. people without impairing the ability of still other unlimited “We should not have been driving a truck up Highway 1. numbers to use it too. Lawmakers recognize that without You had to know not to ride the brakes—we did not let Mel property rights to protect innovations from freeloading drive—but it was amazing,” recalls Lisa. competitors, businesses will hesitate to invest in innovation— They ended the journey with a celebratory ride up Palm which is why they enact intellectual property laws. But Drive eight days after setting out for Stanford Law School; they lawmakers also understand that to impose intellectual property were a bit weary but thankful for the adventure. rights necessarily means turning away prospective users who Day 8: Finally the arrival—After narrowly escaping the gypsy are unable or unwilling to pay the price for access to the moth inspector at the state line, we nomads toasted our new state with a protected information, even though their use of the information rousing rendition of “Hotel California.” A few near death experiences will deprive no one else of it—which is why they impose later, Victory!!! Date: August 31. Time: 6:30 p.m. Place: Outside the Of- limitations on intellectual property rights that would be fice of Admissions at Stanford Law School. We weary wanderers see our- unimaginable in the case of other forms of property rights. selves celebrated on our fearless leader’s bulletin board, and we smile, and Intellectual assets have long lives: Patents last for 20 years 92 laugh, and completely lose it. No word yet on whether we’ve recovered our from the date of application, copyrights can last 95 years or sanity. Over and out, Lisa, Brian, Mel, & Mike. longer, and trademarks and trade secrets are potentially Ten-four, good buddies! SL perpetual, and there is no more important intellectual

Stanford Lawyer / Fall 2007 property management objective than to anticipate an intellectual asset’s legal futures over its lifetime. If intellectual property lawyers cannot precisely anticipate the specific legal POINT OF VIEW changes that tip the judicial scales in favor of patent owners IP Rules over the long course of a lawsuit, history shows that the forces

CONTINUED FROM PAGE 29 producing change in intellectual property law themselves wax products, a payday for which the boxer did not have to land, and wane and can offer a rough index for prediction. or suffer, a single blow. The risks and rewards of intellectual assets are no less Intellectual property, this most profitable of all business manageable than the risks and rewards of other business assets, is also the least stable. One reason is that—far more activities. However, the management tools differ, and the than any other business asset—patents, copyrights, experience of the most successful intellectual asset companies trademarks, and trade secrets are constructed of legal rules. reveals not only a healthy respect for the margins and mishaps Equally important—and far more than other legal doctrines— that these assets can produce but also the need to merge legal the rules that define intellectual property are the subject of and business perspectives in managing these assets. The constant change. Intellectual property’s boundary lines are central point is that every business decision involving inherently uncertain and can shift from one judicial decision to intellectual assets is ultimately a legal decision and every legal the next. When in 2000 a federal court declared the patent on decision is at bottom a business decision. If intellectual Prozac invalid, the value of Eli Lilly shares plummeted more property is economically too important to be left to lawyers, it than 30 percent. In 2002 a judge ruled that rival suppliers had is also too legally charged to be left to managers. SL not infringed Gemstar’s patents on an on-screen program guide, and the company’s stock dropped 39 percent in value. This piece is an abridgment of the introduction to Goldstein’s soon-to-be-released The stock of VISX, a leading vision-correction laser company, book, Intellectual Property: The Tough New Realities That Could fell 41 percent after a similar ruling. Smart business practice Make or Break Your Business, published by Penguin Portfolio. Stanford_Covers:1 tracking migration.fall.04 10/12/07 10:08 AM Page 2

gatheringsSTANFORD From the Dean LAWYER BY LARRY KRAMER ISSUE 77/VOL. 42/NO. 1 Richard E. Lang Professor of Law and Dean

MOST DEANS (INCLUDING THIS ONE) USE THESE INTRODUCTORY LETTERS TO Editor PRIME READERS FOR ACHIEVEMENTS CELEBRATED IN THE PAGES THAT FOLLOW. kudos SHARON DRISCOLL The object is less to challenge than to instill a sense of anticipation and pride. This letter is [email protected] different. The focus of this issue is the state of our profession. And that is a worrisome topic. • I Associate Dean for Communications to and Public Relations have occasionally remarked, though only in small settings before today, that the state of the legal MICHAEL ARRINGTON ’95, founder of TechCrunch, appeared as 22 on Business 2.0’s list, SABRINA JOHNSON profession brings to mind Rome, circa A.D. 300. On the surface, it looks grander and more “The 50 Who Matter Now,” printed in July. [email protected] magnificent than ever, but the foundation may be about to collapse. It’s meant to be a joke. But Art/Design Direction JOHN W. BROOKS ’66 (BA ’58), JOHN TINLEY BROOKS ’93 (BA ’88), AND the uneasy laugh this comment invariably elicits suggests that it may be closer to the mark than DAVID ARMARIO DESIGN EDDIE RODRIGUEZ ’94 were each selected by Super Lawyers as a “San Diego Production Manager any of us wishes. • Certainly our profession has changed profoundly in the past generation. The Super Lawyer for 2007.” basic structure still looks the same: Most lawyers practice in firms, most firms are partnerships LINDA WILSON [email protected] with cadres of associates, most work is performed for hourly fees, and so on. Yet it’s the SANDRA DAY O’CONNOR ’52 (BA ’50) and DAVID LEVI ’80, along with faculty member Pamela Karlan [see “Faculty News,” p. 33] are among the newest law fellows Contributing Editor traditional model on steroids: Big firms employ thousands rather than hundreds of lawyers, with of the American Academy of Arts and Sciences. AMY POFTAK (BA’ 95) offices around the world. Partner/associate ratios have changed dramatically, particularly if we Class Correspondents focus on equity partners, while legal work has become increasingly specialized and expectations The Organization of American Historians named MICHAEL J. KLARMAN ’83 one of its Distinguished Lecturers for 2007–2008. 64 CREATIVE ALUMNI for billable hours have soared. • Such changes have consequences. Clients, especially corporate Contributing Writer HALIL SULEYMAN OZERDEN ’98 clients, are less willing simply to pay what firms charge and much less willing to subsidize the won unanimous confirmation from the U.S. Senate as a RANDEE FENNER (BA ’75) U.S. district court judge for the Southern District of Mississippi. training of young associates. Technology has exacerbated this trend, enabling clients to do for Copy Editor themselves things they used to need from outside counsel. Making a practice profitable has Aspen Skiing Company owner JIM CROWN ’80 was appointed to the Men’s Journal Hall of JOYCE THOMAS increased demand for lawyers to bill hours, which has, in turn, forced firms to raise salaries, which Fame for his green business efforts. Editorial Interns has further increased the need to bill hours. Partly as a result, new associates seldom join firms DAVID CAVICKE ’89 was appointed chief of staff for the Committee on Energy and KRISTEN BARTA (BA ’09) SARAH NAHM (BS ’08) intending to stay for more than a few years. Lateral hiring has exploded, undermining the culture Commerce in the U.S. House of Representatives. ERIC PHETTEPLACE (BA/BS ’07) and sense of community of many firms. And factors like these have stymied or undone progress WILLIAM H. NEUKOM ’67 was sworn in on August 13 as the 131st President of the Production Associates that was just beginning to be made in advancing women and minorities into the top ranks of legal American Bar Association. LUANNE HERNANDEZ (BA ’05) practice. • Twenty years ago, most lawyers would have scoffed at the idea that profitability, much 2 MARY ANN RUNDELL BONNIE ESKENAZI ’85, CAROL LAM ’85, and NINA “NICKI” LOCKER ’83, along less profits-per-partner, should be the measure of success and prestige. Yet that is where we are. with faculty member Kathleen M. Sullivan [see “Faculty News,” p. 33], were included Stanford Lawyer (ISSN 0585-0576) is published for Law firms are run like businesses by managing partners and committees whose time is almost in the Daily Journal‘s list of “Top Women Litigators” for 2007. alumni and friends of Stanford Law School. wholly occupied with, well, managing. And competition is fierce: to be bigger, pay more, bill more The San Diego County Bar Association named CAROL LAM ’85 “Outstanding Attorney of Stanford Lawyer / Fall 2006 CORRESPONDENCE AND INFORMATION hours, and open more offices. To be more profitable. the Year.” SHOULD BE SENT TO: Does anyone actually want this? The lawyers, managing partners, and general counsels I meet Editor, Stanford Lawyer W. RICHARD WEST JR. ’71 received an honorary doctorate from Dartmouth College and are deeply concerned about what’s happening. Yet they feel unable to stop it, powerless to resist Stanford Law School WARREN CHRISTOPHER ’49 received an honorary doctorate from the California Crown Quadrangle the stifling market forces that drive their decisions. And for good reason, because the problems are State University Board of Trustees at June commencements. 559 Nathan Abbott Way complex and exist at every level. Students say they want a better work/life balance, yet invariably Stanford, CA 94305-8610 PETER THIEL ’92 (BA/BS ’89) was included this May in the San Jose Mercury News’ list of [email protected] choose the firm that ranks highest in The American Lawyer’s list of the top 100 law firms. Having “Silicon Valley’s Five Hot VCs Under Age 40.” spent their lives learning to collect gold stars, they apparently find it impossible to stop— CHANGES OF ADDRESS SHOULD BE SENT TO: something we (that is, law schools) make easy by forcing most of them to graduate with a Ober Kaler attorney PATRICK K. O’HARE ’71 will be included in the 2008 edition of The Best [email protected] Lawyers in America for the Washington, D.C., area. He was selected for the Health mountain of debt. Law firms say they want young associates to do pro bono work, and they mean Care Law category and recognized in the Non-Profit/Charities Law section. Copyright 2007 by the Board of Trustees of it. But the insidious pressure to increase profitability by billing hours remains. And on and on. No Leland Stanford Junior University. one can be blamed when everyone is to blame. Reproduction in whole or in part, without permission of the publisher, is prohibited. I have no answer to this. Not yet at least. We need to understand the issues much better than UPCOMING EVENTS we do now. We need to develop alternative ways to practice law and to structure a legal practice. ISSUES OF THE MAGAZINE SINCE FALL 1999 ARE And we need to take chances, like the ones we are taking within the law school by restructuring The Honorable Thelton Henderson Education as a Civil Right Symposium AVAILABLE ONLINE AT www.law.stanford.edu/publications/stanford_lawyer. our curriculum, re-envisioning interdisciplinary education, creating new forms of clinical Fund Event Stanford Law School Stanford Law School February 2, 2008 Issues from 1966 to the present are available on education, and redoubling our efforts to teach students the value of public service. November 1, 2007 microfiche through William S. Hein & Co., Inc., Certainly Stanford Law has a role to play. It’s our responsibility to educate students about National Security and the Constitution: 1285 Main Street, Buffalo, NY 14209-1987, or order online at www.wshein.com/Catalog/Gut.asp? the nature of their profession and to reinforce their desire for a rich personal and professional The Public Service Awards Dinner Quarantine, Isolation, Health Stanford University Surveillance and the Law TitleNo=400830. life that lets them use their skills for the betterment of society. We must bring scholarly November 5, 2007 Washington, D.C. April 11, 2008 Stanford Lawyer is listed in: resources to bear on developing solutions and help the various stakeholders talk productively. Dialog’s Legal Resource Index and Current Law Among my hopes for the coming years is to develop a program in “the business of law” through The Evolving Role of Victims in the Directors’ College Index and LegalTrac (1980–94). which we can begin to discharge these responsibilities. For now, we must wake up to what is Criminal Justice System Stanford Law School happening and muster our will to secure the future of our profession, preserving the qualities Stanford Law School June 22–24, 2008 Stanford Lawyer January 25, 2008 WELCOMES LETTERS FROM READERS, THOUGH that attracted so many of us to the study of law in the first place. For more information about these and other events, visit www.stanford.edu BREVITY INCREASES THE LIKELIHOOD OF PUBLICATION, AND LETTERS MAY BE EDITED FOR LENGTH AND CLARITY. Stanford_Covers:1 tracking migration.fall.04 10/12/07 10:08 AM Page 1

Carol Lam ’85 on Life After the DOJ Stanford University Non-profit ReputationDefender: A 1L Makes Time for a Startup Stanford Law School Organization Crown Quadrangle U.S. Postage Paid 559 Nathan Abbott Way Palo Alto, CA STANFORD

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AT THE TIPPING POINT TODAY’S CHANGING BUSINESS OF LAW