b Spring/Summer 2018 • Law Quadrangle OPENING 5 Quotes You’ll See… …In This Issue of the Law Quadrangle 1. “ In many ways, juries are more ready than the law to hold cybercriminals accountable. Jurors understand we aren’t living in a puritanical world anymore and this kind of conduct isn’t acceptable.” (p. 16) 2. “ Between the ideological poles is the big middle ground of Americans who believe climate change is an issue and want something done about it. And they’re willing to support getting their energy from renewable sources—especially now that it doesn’t cost more.” (p. 31) 3. “ Entering law school, I didn’t think I would be advising art and design students on how to make steam more imaginative, but I did and it was really fun.” (p. 50) Law Quadrangle 4. “ I suspect that I am the only person who went to jail directly as a result of having the privilege to study at Michigan Law • Spring/Summer 2018 School.” (p. 65) 5. “I was a junior associate at Jones Day with no real background in immigration law, but I couldn’t stand by knowing this person would face certain persecution and possibly death if she were forced to leave the United States.” (p. 84) 1 06 A MESSAGE FROM DEAN WEST 0 8 BRIEFS 10 Senior Day 12 Student Scholarship Banquets 14 IN PRACTICE 14 A Case of Five-Ring Fever 16 Bringing Cybercrimes to Justice and the Law up to Speed 17 Opportunity and Complexity in the Middle East 18 COVER STORY 18 The Legal Climate of Climate Change 46 FEATURES 46 Navigating a Sea Change 48 Paradise Found 50 @UMICHLAW 50 Linking Detroit’s Small Businesses with U-M Resources 52 Does v. Snyder Brings Changes to Michigan’s Sex Offender Registration Law 55 Law and Economic Development in India 56 Alumni and Friends Service Day Turns 10 62 IMPACT 75 CLASS NOTES 76 Drawn to the World 81 Modern Renaissance Man at the 45th Parallel 83 A Force for Positive Change Close to Home 84 Striking a Balance with Big Law and Public Interest 90 IN MEMORIAM 94 CLOSING HIGHLIGHTS FIVE-RING FEVER SEA CHANGE 14 46 BIG LAW AND INDIA IMMERSION PUBLIC INTEREST 55 84 Remembering 92 Whit Gray, ’57 Greatness In and Out of the Classroom The outpouring of affection that our alumni community showed following the deaths of Emeritus Professors Whitmore Gray, ’57, and John Reed demonstrates the strong connection between our faculty and our students. Each one of a kind, Whit and John remained fixtures at the school to which they dedicated their careers long after they retired—continuing to talk with students, pursue scholarly endeavors, and attend faculty events as engaged participants. The Law School was more than their office; it was for them, like it is for so many of you, a second home. You can read their obituaries on pages 92 and 93—the official records of their accomplishments. For those of us who had the privilege of working alongside them or sitting in their classes, however, we know that equally important reasons for their greatness remain unwritten in official channels; rather, they lie in memories of moments big and small where they touched our lives. You can read a sampling of those reminiscences at quadrangle.law.umich.edu. When I joined the Michigan Law faculty nearly two decades ago, John and Whit were legends in the Quad and beyond. Before coming to Michigan, I was a Fellow at the University of Tokyo, and when the faculty there learned that I had an offer from Michigan, several of them said a primary reason why I should accept was the fact that Michigan was Whit’s home. I got to know John better as I made Michigan my home; he was genuine and, of course, he was funny, too: He once told me that although he continued to climb several flights of stairs to his office every day, at around age 95 he began to take a break halfway up. “You get winded?” I naively asked. “No,” he said. “I just figure a guy my age ought to take a break halfway up.” John Reed and Whitmore Gray remind us that throughout its history, the Law School has been home to towering figures in the academe and the legal profession. But even as we mourn them, we can take comfort in knowing that their legacy of excellent teaching and mentorship continues in today’s faculty. One of our newest faculty members, Maureen Carroll, recently was announced as the winner of the 2018 L. Hart Wright Award for Excellence in Teaching in just her second year at Michigan. Our faculty continue to encourage and inspire our students while making a difference in the world around us. In this issue of the Law Quadrangle, you will read about professors who have spearheaded significant cases or legislation and who are quoted widely in major news outlets. They are just a few examples of the scholarly ethos and public engagement that permeate the Quad. Beyond the news hits and the bullet points of their CVs, today’s faculty touch the lives of their Remembering students through countless I’ll-never-forget-when moments—just as Whit Gray, 93 John Reed John Reed, or others did for you. It is a legacy in which we all can take pride. Mark D. West Dean Nippon Life Professor of Law A MESSAGE FROM DEAN WEST BRIEFS “#METOO HAS DONE WHAT Higher Power Some of the notable high-ranking foreign THE LAW COULD NOT.” positions held by Michigan Law graduates The headline of a New York Times op-ed about sexual harassment penned Asif Amin, LLM ’96 by Catharine A. MacKinnon, the Elizabeth A. Long Professor of Law. Head of International Law Department, Danish Ministry of Defence • Susanne Baer, LLM ’93 Justice, Constitutional Court of Germany • Holger Fleischer, LLM ’93 Director, Max Planck Institute for Comparative and International Private Law • Charles Forrest, ’87 Head of Legal Operations Unit, International Fund for Agricultural Development • Il-Won Kang, LLM ’93 Justice, Constitutional Court of Korea • Christopher Kendall, LLM ’93, SJD ’01 Judge, Federal Circuit Court of Australia • W. Robert Kohorst, ’78 U.S. Ambassador to Croatia • Skadden Fellow Named Tamas Kovacs, LLM ’96 Deputy Head of Unit, European Alexis Bailey, ’17, has been named a 2018 Skadden Fellow. Bailey, a U.S. Air Commission-Fraud Prevention Force veteran, will join Michigan Protection and Advocacy Service in Lansing, • where she will provide direct representation to Michigan veterans with Zdenek Kühn, LLM ’02, SJD ’06 disabilities. The Skadden Fellowships, founded by Skadden, Arps, Slate, Justice, Supreme Administrative Meagher & Flom LLP, annually fund 28 new graduates in full-time work for Court of the Czech Republic legal and other advocacy organizations, and encourage graduates to build • public service careers based on helping underserved groups. Katarina Mathernova, LLM ’89 Deputy Director General, European Commission’s Neighbourhood and Enlargement Negotiations • Siniša Rodin, LLM ’92 Judge, Court of Justice of the European Union • Goran Selanec, LLM ’02, SJD ’12 Daniel A. Crane @DanielDancrane • Feb 6 Justice, Constitutional Court of Croatia • Elon Musk wants to colonize Mars starting in 2024, a Petr Válek, LLM ’05 decade before NASA. It’s not too early to start thinking Director, International Law Department, Ministry about governance rules for the red planet. of Foreign Affairs of the Czech Republic 8 BRIEFS “THE BREADTH OF OUR COMPETITION “Thanks for including me. @UMich and WAS STRIKING.” @UMichLaw do MLK Day right. Lots of programs, lots of service, lots of justice fight. No golf.” Tweet from Yale Law Professor James Forman Jr., who delivered Michigan Law’s 1L Lindsay Wardlaw, Martin Luther King Jr. Day lecture based on his book, Locking Up Our Own: Crime about the global teams and Punishment in Black America. The book was awarded a Pulitzer Prize in April. she and her Michigan Law cohorts competed against in the 25th Annual Willem C. Vis International Commercial Arbitration Moot in Vienna in March. The prestigious event was founded by Eric Bergsten, ’56, and featured more than 360 teams from 82 countries. 2L Megan L. Brown was named the first African American editor-in-chief of the Michigan Law Review. 9 BRIEFS Senior Day Wit and Wisdom A beloved Michigan Law professor who teaches a popular Bloodfeuds class and an alumnus whose storytelling podcast has a national following were the speakers at Senior Day ceremonies in December and May. William I. Miller, the Thomas G. Long Professor of Law, spoke to December graduates and treated them to a linguistics lesson. “You had me for Property, and what you learned, if you learned anything, is that I sometimes take frolics and detours. These often dealt with the histories of words,” he said. “Remember I started out by saying that property is the same word as propriety, and that to owe and to own come from the same old English root. My graduation talk also will be a detour. Instead of talking about milestones, I’ll talk about the words graduation and degree. You can hardly expect me to give a standard go-forth-and-conquer commencement speech.” Glynn Washington, ’96, the host and executive producer of Snap Judgment, the radio show and podcast distributed by NPR affiliate WNYC, offered words of wisdom to May graduates. “This law degree you’re getting is a special type of alchemy,” said Washington. “It’s a special type of magic.” Stressing the importance of remaining connected to one’s Law School classmates, Washington advised graduates to “guard those relationships—nourish them—because with these people, and your heart, and that piece of paper—you can do great things.” Ceremonies also featured graduating student speakers: Nessma Bashi, a member of the December 2017 class, and Johannah Walker, a member of the May 2018 class.