GEORGETOWN LAW Res Ipsa Loquitur Fall/Winter 2012 Savannah Guthrie (L’02) New Co-Anchor of NBC’s “Today” Show Plus: Teaching Innovations, Faculty Scholarship, Health Care Case Letter from the Dean he last few months have been remarkable ones here at TGeorgetown Law. Our spring “speaker season” was one of the busiest ever, as we hosted Solicitor General Donald Verrilli Jr., former Solicitor General Paul Clement and At- torney General Eric Holder all on the same day. Three days later Supreme Court Justice Sonia Sotomayor came here to speak to 1L students, and three weeks after that, Deputy Chief Justice Dikgang Moseneke of the South African Supreme Court provided a fascinating inside view of South Africa’s developing constitutional culture when he delivered the Hart Lecture. But it is the way our faculty engage the issues and shape the major debates of the day that is the biggest story here. And there is no better illustration of it than GEORGETOWN LAW the health care case that has riveted the nation. Professor Randy Barnett played a Fall/Winter 2012 central role in conceptualizing the challenge to the Affordable Care Act by arguing ANNE CASSIDY Editor that the Commerce Clause does not allow Congress to regulate inactivity. Profes- Editorial Director sor Neal Katyal was acting solicitor general last year and argued the case in the ANN W. PARKS Staff Writer lower courts. Neal has written and spoken about it frequently since then. Two of our adjunct faculty, Paul Clement and Robert Long, argued the case before the BRENT FUTRELL Director of Design Supreme Court. And a day after the ruling was announced, Professors M. Gregg INES HILDE Bloche and Mike Seidman and Visiting Professor Tim Westmoreland appeared on CHAS McCARTHY Designers C-SPAN in a discussion that has shaped public debate about the opinion. As you ELISSA FREE know, the law was upheld — and so, according to Chief Justice Roberts’ opinion, Executive Director of Communications was Randy’s commerce clause challenge. KARA TERSHEL Imagine the energy and enthusiasm such faculty engagement brings back to Director of Media Relations the classroom. You can get a taste of it in our articles on innovative teaching that MIDGE GARDNER, NORA KANTWILL, LAURA MACRORIE, SARAH MYKSIN, RICHARD SIMON, DAVE STONE, begin on page 26. Students in our National Security Law class were part of a CHRISTINE HAMMER, DWAYNE TRAYLOR, PATRICK SANDERS bioterrorism simulation that tested their understanding of criminal law, counterter- Contributors rorism and wartime powers. And students in the new experiential learning seminar MATTHEW F. CALISE Technology, Innovation and Law Practice designed computer applications to solve Director of Alumni Affairs such practice problems as immigration or copyright — then showcased them in an KEVIN T. CONRY (L’86) Vice President for Strategic Development and External “Iron Tech Lawyer” competition here. (For a complete list of faculty scholarship, Affairs see page 44.) WILLIAM M. TREANOR Dean of the Law Center You need look no further than these pages to see what active and engaged Executive Vice President, Law Center Affairs alumni such teachers — and such teaching — produces. Take White House Front Cover Photo: NBC News TODAY Counsel Kathryn Ruemmler (L’96), for example, who appeared at the law school Back Cover Photo: Sam Hollenshead (see page 12) with former counsel Beth Nolan (L’80) and Jack Quinn (L’75). We welcome your responses to this publication. Write to: Our alumni work at all the most important federal agencies and play critical roles Editor, Georgetown Law Georgetown University Law Center in each of the three branches of government. But as the cover of this magazine 600 New Jersey Avenue, N.W. shows, they engage with the world in all sorts of other creative ways, too. Our 2002 Washington, D.C. 20001 magna cum laude graduate, Savannah Guthrie, turned down a federal clerkship to Or send e-mail to: [email protected] pursue a television career. She just became co-anchor of NBC’s “Today” Show. Address changes/additions/deletions: 202-687-1994 or I hope you enjoy all the stories in this issue of Georgetown Law, and I encourage e-mail [email protected] you to explore our newly redesigned website at law.georgetown.edu for more events Georgetown Law magazine may be found on the Law and happenings. I look forward to seeing you at Reunion Weekend October 19-21! Center’s new website at www.law.georgetown.edu Copyright © 2012, Georgetown University Law Center. Sincerely, All rights reserved. William M. Treanor Dean of the Law Center Executive Vice President, Law Center Affairs GEORGETOWN LAW Res Ipsa Loquitur Fall/Winter 2012 26 Teaching Innovations A simulated national security crisis, legal e-mails and librarians as teachers — learning the law is not what it used to be. 28 Simulations, Apps—And Other New Ways to Learn the Law 34 The Write Stuff 40 The Library’s New Frame of Reference 26 44 Faculty Scholarship Recent Work by the Georgetown Law Faculty 56 Faculty Article: Where to Begin? Training New Teachers in the Art of Pedagogy By Wallace J. Mlyniec 56 2 FaCULTY NOTES 26 FEATURES 10 LECTURES & EVENTS 81 SPOTLIGHT: SaVANNAH GUTHRIE (L’02) 62 ALUMNI NOTICES 69 CLE CALENDAR 66 ALUMNI PROFILE 74 ALUMNI CALENDAR 68 IN MEMORIAM 78 ALUMNI EVENTS FACULTY NOTES New Faculty Join the Law Center COURSES als — who dares to question the role Criminal Law Criminal Justice that prosecutors play in the current law Gender, Race and Criminal Law enforcement regime. REPRESENTATIVE PUBLICATIONS Butler has always been concerned Let’s Get Free: A Hip-Hop Theory of Justice (New York: New Press, 2009) about justice and fair play. But he has “Stop and Frisk: Sex, Torture, Control” in Law as Punishment/Law come to believe the American criminal as Regulation (Austin Sarat et al. eds., Palo Alto, Calif.: Stanford D A E University Press 2011) justice system has lost its way. He H “Should Good People Be Prosecutors?” in Blind Goddess: A calls the United States “incarceration Reader on Race and Justice (Alexander Papachristou ed., New M HOLLENS York: New Press 2011) nation,” because we define too many SA acts as crimes, harshly punish too PAUL BUTLER many people and rely way too much on n his groundbreaking book Let’s Get incarceration, all of which threatens our B.A. 1982 IFree: A Hip-Hop Theory of Criminal identity as a free country. He is deeply Yale Justice, former federal prosecutor Paul troubled by the disproportionate impact J.D. 1986 Butler claims he is “still a prosecutor at Harvard of our policies on African Americans. He heart.” But his heart must have taken is a leading critic of the American crimi- EXPERIENCE AND AFFILIATIONS a beating because he likes to introduce Carville Dickinson Benson Research Professor of Law, nal justice system and an increasingly Associate Dean for Research and Faculty Development, himself to audiences as a “recovering George Washington University Law School important public intellectual. prosecutor.” This often generates an Soros Justice Fellow Butler comes to Georgetown from uneasy laugh. Some don’t know what Trial Attorney, U.S. Department of Justice, Public Integrity Section George Washington University Law to make of this former high-flying, Attorney, Williams and Connolly School, where he was the Carville Law Clerk for the Hon. Mary Johnson Lowe, U.S. District Court, successful prosecutor — he prosecuted Dickinson Benson Research Professor Southern District of New York a U.S. senator, he won most of his tri- and former associate dean for research 2 Fall/winter 2012 • GeorGetown law FACULTY NOTES and faculty development. A creative nisms, she illuminates the doctrinal scholar, award-winning teacher (he was hurdles that not only leave various cat- voted professor of the year three times by egories of wrongdoing unregulated, but the GW graduating class) and captivat- also limit the ability of legitimate claim- ing speaker, Professor Butler researches ants to access the civil justice system. and teaches in the areas of criminal law, After making a strong case for the role of race relations law and critical theory. His D private law as a congressionally intended A E scholarship has been published in lead- H regulator of behavior, she presents a ing law journals, and he provides legal framework for assessing the role private M HOLLENS commentary for NPR, MSNBC and the SA law plays in our larger decentralized Fox News Network. J. MARIA GLOVER regulatory structure. She explains how Born and raised on Chicago’s South policymakers and judges can improve the Side, Butler attended the prestigious St. B.A. 2003 system by accounting for this specific Ignatius College Prep, followed by Yale University of Tennessee role, particularly in matters of procedure. College and Harvard Law School. After J.D. 2007 And in a recent article being published in Vanderbilt law school, he clerked for Judge Mary the NYU Law Review, she considers the Johnson Lowe of the U.S. District Court EXPERIENCE AND AFFILIATIONS private law system from another perspec- Climenko Fellow and Lecturer on Law, Harvard Law School for the Southern District of New York. tive, arguing that the Federal Rules of Law Clerk for the Hon. J. Harvie Wilkinson III, U.S. Court of Ap- Before joining the Justice Department, peals for the 4th Circuit Civil Procedure distort case outcomes he was an associate at Williams and Associate, Supreme Court and Appellate Practice Group, Mayer relative to the underlying merits, given Brown, Washington, D.C. Connolly. Vanderbilt Law Review, senior articles editor the demise of the trial and the rise of Butler claims he was picked on as settlement as the ubiquitous end stage in COURSES a skinny kid — which is one of the the dispute resolution game.