<<

University of Chicago Law School Chicago Unbound

The nivU ersity of Chicago Law School Record Law School Publications

Fall 9-1-2014 Law School Record, vol. 61, no. 1 (Fall 2014) Law School Record Editors [email protected]

Follow this and additional works at: http://chicagounbound.uchicago.edu/lawschoolrecord

Recommended Citation Editors, Law School Record, "Law School Record, vol. 61, no. 1 (Fall 2014)" (2014). The Law School Record. Book 115. http://chicagounbound.uchicago.edu/lawschoolrecord/115

This Book is brought to you for free and open access by the Law School Publications at Chicago Unbound. It has been accepted for inclusion in The University of Chicago Law School Record by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO LAW The University of Chicago Law School Record Fall 2014

THE MANY FACES OF FACULTY SCHOLARSHIP

What We Write, Where We Publish, What We Read, and Why It All Changes Over Time

80134_Cover.indd 1 9/11/14 12:46 PM CONTENTS CHICAGO LAW FALL 2014 The University of Chicago Law School Record

2 Publishing Options as Prolific as Our Faculty Fall 2014 The University of Chicago Law School

Gone are the days where most faculty work was published in academic journals. Michael H. Schill The methods and channels for disseminating ideas have proliferated at a rapid rate, and Dean and Harry N. Wyatt Professor of Law our faculty takes advantage of every opportunity. By Meredith Heagney. Annina Fabbioli Associate Dean for External Affairs 8 The Work that Changed Me Editor Our faculty members have been inspired in their careers by myriad works of scholarship Marsha Ferziger Nagorsky, ’95 and literature—by their ideas, their methods, and their forms of expression. By Robin Associate Dean for Communications I. Mordfin. Assistant Editors Sharon Jennings 14 How I Wrote a Book: Richard McAdams Anne Marie Rzepecki After a long article-writing career, Professor Richard McAdams tackled his first Class Notes Editor Maggie Elmarakby full-length book. He talked to Meredith Heagney about the process, with all its joys Record Online Editor and frustrations. William Anderson

18 Global Reach: Translations Spread Faculty Ideas around the World Class Correspondents To share your scholarship with people who don’t speak the same language as you do, 58 Affable Alumni you have to rely on the fine and complex art of translation. By Meredith Heagney. Contributing Authors Jerry de Jaager 22 What (and Where and How) We Read for Fun Meredith Heagney Wen Huang As devoted as our community is to reading for their scholarship, they read for personal Harini Jaganathan Stephanie Xiao enjoyment as well. Faculty and staff share their habits and recommendations. Compiled Robin I. Mordfin by Meredith Heagney. Marsha Ferziger Nagorsky, ’95 28 Graduation 2014 Contributing Photographers Lloyd DeGrane From the beautiful University quadrangles to Rockefeller Chapel, this year’s ceremony Anne Marie Rzepecki featured inspirational words from Professor Eric Posner and Nancy Lieberman, ’79. Design VisuaLingo

Publisher 1 Message from the Dean The University of Chicago Law School Office of External Affairs 40 Faculty News 1111 East 60th Street Chicago, Illinois 60637 40 The Paperwork Paradigm: Omri Ben-Shahar’s More Than You Wanted to Know www.law.uchicago.edu 43 New Faculty: Adam Chilton, Dhammika Dharmapala, Justin Driver telephone: (773) 702-9486 fax: (773) 702-9628 46 Faculty Publications, 2013-14 Comments? Please write to Marsha Nagorsky at 58 Development News [email protected]. The University of Chicago Law School Record 59 A Gift from Entrepreneurs to Support Entrepreneurs (ISSN 0529-097X) is published for alumni, faculty, 60 Public Interest Fellowship Frees Students to Choose Career Path and friends of the Law School.

61 New Named Visiting Professorship for Doctoroff Program Vol 61, Number 1

62 In Memoriam © 2014 by The University of Chicago Law School 65 Gerald Ratner, ’37 Reproduction in whole or in part, without 66 Nancy Feldman, ’46 permission of the publisher, is prohibited. 67 Jerome Katzin, ’41 68 Abbie Harper, ’15, Jay Brooks, ’15, Laura LaPlante, ’14 70 Class Notes Portraits and Profiles 80 Mark Aronchick, ’74 90 Matthew Hamel, ’86 92 Sharon Zezima, ’89 99 Julie Fernandes, ’94 118 Graduates of the Class of 2014 119 Where are they Now? Meet the Class of 2017

80134_Cover.indd 2 9/11/14 12:46 PM Message from the Dean

Dear friends—

When I first joined the legal academy more than 25 years ago, figuring out where and how to publish one’s scholarship was largely a choice among three alternatives. Something the length of a book became a book. Most significant pieces became articles. Short pieces that were not especially complex or, alas, completely thought through became book reviews. Sure, you could make the decision to go with a student-run law review or one of the very few peer-reviewed journals, but that was the extent of the variety that was out there. Today, our faculty shares their ideas in so many venues that it sometimes makes my head spin. On any given day I might read something by faculty members in the traditional venues—a book or a law review article. Just as easily I could see their names and ideas in op-eds, blog posts, weekly online columns, or web-only academic journals. I might listen to my colleagues in podcasts or watch them in videos. Even their traditional journal articles are now published in a significantly wider variety of legal and nonlegal journals than ever before. All of this allows our faculty to do what they do best—formulate and share ideas— better and faster and farther than they ever have before. In the pages of this issue of the Record, you’ll read about how our faculty decide how best to get their ideas out into the world and how lucky they feel to be working at a time when they can directly connect with and get feedback from readers—nearly in real time. You’ll follow along with one of our professors as he writes his first book (after dozens of articles), and I do hope that you’ll take the time to read the book when it is published in a few months. You’ll also get to see how our faculty deal with getting their works read in other parts of our ever-shrinking world and how they work to get faithful translations of their work into languages they can’t themselves read. I always enjoy using the Record to help you better get to know our faculty, and so in this issue you’ll also get a taste of the myriad pieces of scholarship that have inspired them along the way in their impressive careers. And because (despite public opinion) we’re not all-work-and-no-play around here, this issue includes some of our faculty and staff talking about what they read for fun. I was particularly interested to see who reads on e-readers these days and who clings to their printed books! You’ve heard, probably for your entire association with the Law School, about how prolific our faculty is, and that is as true now as it ever was. (Just take a look at the annual publication list on page 46!) But what matters to me more is that the quality of their scholarship exceeds even its quantity. Our faculty continue to innovate in every part of the legal academy and, increasingly, in other parts of the academy as well. I hope you’ll look at that list and pick out a few pieces to read over the next few months—perhaps one by a faculty member who came to the Law School after you left our physical halls. There is no better way to see just how extraordinary this faculty is than by reading what they have to say.

Sincerely,

Michael H. Schill

F A L L 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 1

Message from the Dean A.indd 3 9/10/14 9:01 PM 2 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Publishing Options A.indd 3 9/10/14 9:06 PM n 2004, Professor Geoffrey Stone was at the Los “Academic writing always comes first,” Baude said, “but Angeles Times Festival of Books, where his Perilous it’s nice to have places to publish the important pieces of my Times: Free Speech in Wartime: From the Sedition Act ideas for a wider audience. It’s sort of a form of teaching.” Iof 1798 to the War on Terrorism earned the Book Prize for The ability to reach more diverse readers is one reason best history book of the year. He was speaking on a panel why Stone moved from journal articles to books, he when the woman seated next to him whispered an offer: said. He is the author of eight books, including the she was creating a new website where people would blog; aforementioned Perilous Times. did he want to be one of those people? Law reviews used to be written so that they were relevant “I had no idea what she was talking about, but I said to working lawyers, he said, but that is less true today. ‘sure,’” Stone said. “She gave me her card.” “They tend to be addressed today more to academics The name on that card? Arianna Huffington. Back than to people engaging in the legal profession in the then, she was known for being a political commentator real world.” Plus, he added, books have plenty of space and a candidate in California’s 2003 gubernatorial recall to flesh out a big idea. Stone is now working on Sexing election, not the queen of the blogosphere. the Constitution, which looks at the question of “why The Huffington Post launched in 2005, and in the past it was only in recent decades that judges thought the nine years Stone has authored more than 200 posts as Constitution had something to say about sexuality.” an expert on constitutional law, the First Amendment, and civil liberties. It’s a medium the Edward H. Levi Distinguished Service Professor of Law couldn’t have “My goal is to write imagined when he started his academic career in the 1970s. something that’s both Back then, law professors wrote journal articles and the occasional newspaper op-ed. Today, professors’ options for illuminating to experts and publishing are almost as plentiful as the ideas themselves. That’s good news for a faculty as prolific as the Law accessible to nonexperts.” School’s, where constant writing and publishing has long been the norm. As their options increase, each professor He writes his books with an educated but not necessarily devises his or her own “scholarship strategy” based on their academic audience in mind. Think of the people who field, goals, writing style, time, and career progression. Each are likely to read Magazine, he said. must ask the question: what’s the best way to get my ideas “My goal is to write something that’s both illuminating to out into the world? Even more to the point: who is the experts and accessible to nonexperts.” audience, and what do I want them to know? Stone also coauthors a popular casebook on constitutional Books can be written for other academics or for the law and coedits a peer-reviewed journal produced at the Law general public, as Stone and other faculty authors, School, the Supreme Court Review. He is general editor of including Eric Posner and Martha Nussbaum, have the Inalienable Rights series published by Oxford University demonstrated. Often, it’s both; Laura Weinrib is writing Press, a series of short books on complex constitutional her first book largely for other scholars but hopes to attract topics for nonexpert audiences. He submits briefs to the a general audience as well. Supreme Court and other courts on issues of constitutional Journal articles are typically read only by academics law. And besides the Huffington Post, he also writes regularly and students, but the ideas in them can trickle into the for the Daily Beast. His blogging is a fun diversion and a bit courtroom, as evidenced by the empirical civil procedure of a public service, he said. work of William Hubbard. Faculty who want to “I think what we know in the academy is often extremely influence the law, such as election law scholar Nicholas useful, and if we can help explain it to people generally, it will Stephanopoulos, use a mix of academic and popular help them understand what they’re thinking about better.” writing to reach as many readers as possible. William Plus, he added, it’s a good change of pace to be able to Baude blogs in addition to writing journal articles so that have something published so quickly. Journal articles take he can comment immediately on current events. months and books take years, but popular writing is

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 3

Publishing Options A.indd 4 9/10/14 9:06 PM immediate. “It’s nice to be walking down the street, have but their space is limited and their acceptance rates are an idea, and have something to do with it.” Over the low, so he doesn’t bother anymore. His pitches land well summer, he blogged about religious tests for public office, at Slate, and there’s not too much pressure; if he doesn’t the Supreme Court’s decision in the abortion protest case have an idea, he can skip a week. If he has two ideas in McCullen v. Coakley, and NSA surveillance of private citizens. one week, he can publish both. Recently, he wrote about (Stone was one of five people appointed to a presidential why Speaker of the House John Boehner’s lawsuit against advisory committee on National Security Agency surveillance, President is nonsensical and why the a result of his extensive writing on civil liberties.) Supreme Court usually decides cases 9-0 or 5–4. He also When Professor Eric Posner has something to say on blogs at ericposner.com. a timely topic, he turns to his biweekly column at Slate, Posner enjoys his popular writing, but academic work which he’s had since 2012. “It wasn’t something I looked will always come first, he said. He has written 15 books for, but it’s nice,” he said. It did take some adjustment, and hundreds of book chapters and articles. He likes to however, to go from writing for academic audiences to publish in peer-reviewed journals, which he believes are writing for everybody, from experts to laypeople. higher quality than law reviews because they are edited “When I first started doing it, it was difficult, because it’s a by professors rather than students. Student-edited law very different style,” said Posner, Kirkland and Ellis reviews, however, have larger readership. Distinguished Service Professor of Law. “It’s a lot like teaching. No matter the audience, Posner cringes at the concept of What you’re doing is trying to convey complicated ideas being a “public intellectual.” to people who aren’t familiar with them. You’re exercising “I think of myself primarily as an academic who writes a different part of your brain, and I find that enjoyable.” for academic audiences. I don’t like the idea of a public Posner used to write the occasional op-ed for newspapers intellectual because I think it conveys a certain amount such as the New York Times and , of superficiality and self-aggrandizement. I try to write

4 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Publishing Options A.indd 5 9/10/14 9:06 PM only about things I know. Basically, I only write about the she never “dumbs down” her popular writing. Conversely, law. I’ll never write about politics. I’ll never write about even in her most complicated academic writing, she works whether Obamacare is good or bad. I write about the legal to engage the reader intellectually and emotionally. To put angles, like whether Obamacare is lawful or not.” it simply, “Whatever I’m writing, I try to write clearly and And it’s all connected, Posner added. “I’d say 90 percent compellingly for humans who care about the issues.” of what I’ve written (for the popular press) is related to my academic work, so when I write I feel like I know what I’m talking about, and I’m not just spouting an opinion.” In her 1986 book, Professor Martha Nussbaum, like Posner, is a well-known The Fragility of Goodness, name who receives a fair amount of press. But the philosopher doesn’t like the label “public intellectual” either. It is Nussbaum put all the footnotes sometimes interpreted to mean that the academic has left at the end of the book, the academy behind, she said, which is definitely not her. “I’m not unhappy in academia at all. But I want to “so you can skip them.” connect with the broader public. I think it’s extremely important,” she said. “Political philosophy is about matters Of course, in Nussbaum, Posner, and Stone’s cases, their of urgent human importance that bear on public policy.” accomplished careers and reputations create automatic Nussbaum, who has written more than 20 books and demand for whatever they write. Faculty who are earlier in 400 articles, doesn’t have an online column like Stone their careers publish as a route to academic growth, tenure, or Posner, but she does have strategies for writing for and greater exposure. different audiences. If she thinks the audience will be largely Professor Laura Weinrib, a legal historian, is writing her academic, she is free to reference many works of other first book, The Taming of Free Speech, which is about the scholars, lots of empirical data, and complex examples. history of the civil liberties movement in the United States. If she expects a popular audience, she figures out ways to Different fields have different norms, Weinrib said; for make the academic more accessible. For example, in her example, quantitative fields such as economics or the hard 1986 book, The Fragility of Goodness, Nussbaum put all the sciences tend to be more article driven. Many fields have footnotes at the end of the book, “so you can skip them.” a premium on getting work out quickly or focusing on Sometimes, her aim is to develop theories that will changing developments in the courts, but history is not change and shape the field of philosophy. Other times, one of those fields. she wants to effect change on the ground. For example, Books are the norm for historians for a few reasons, she wrote 2013’s Creating Capabilities: The Human Weinrib said. One, history requires a lot of documentation Development Approach with two audiences in mind: of research and evidence for your argument. In addition, undergraduate students just starting to learn about social you have to “engage with the historiography,” which justice and, even more practically, development workers means revisiting all the important relevant work and around the world trying to make it happen. arguments and then adding your own contribution. All The capabilities approach described in that book was those footnotes “require a lot of pages.” developed by Nussbaum with Harvard economist Amartya Another reason historians write books? Nonacademics Sen and has been used all over the world by governments read them sometimes, but they almost never read journal and agencies working on human rights and welfare. articles. History, and especially American history, is very Several of these bodies have consulted Nussbaum on marketable to a general audience. Weinrib chose Harvard implementing the approach. And the chief economist of University Press as her publisher, she said, in part because the World Bank, Kaushik Basu, is the former president of they have a track record of success in a general market. the Human Development and Capability Association, of “History has a narrative component,” Weinrib said. which Nussbaum is a founding president. “Historical writing is not exclusively analytical, it’s not So while Nussbaum is very aware of the importance of exclusively normative. There’s a story to tell, and that’s an writing for broader audiences, she’s quick to point out that important part of what makes good history.”

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 5

Publishing Options A_u1.indd 6 9/15/14 8:09 AM Sometimes, that “good history” is even intensely personal. him get those invitations, he said. Weinrib edited the 2009 book Nitzotz: The Spark of “Chicago helps me a lot,” he said. “People may not know Resistance in Kovno Ghetto and Dachau-Kaufering who I am, but they know Chicago.” Concentration Camp. The book is an English translation of Invited pieces came with some peace of mind, because several issues of an underground Jewish journal edited by he knew when and where his work would be published, her grandfather under Nazi occupation, first in the ghetto he said. The downsides were that the work had to fit a and then in a concentration camp. Weinrib, who wrote an particular theme and deadlines were tied to an event and therefore strict. Given that empirical work is particularly time-consuming—“it always seems to take twice as long “Chicago helps me a lot,” as expected,” he said—writing for a deadline is especially nerve-wracking. Hubbard said. “People Now with more experience behind him, Hubbard is may not know who I am, but setting his own pace. This gives him more freedom to develop his own themes but requires that he pitch his they know Chicago.” work to journals. “I write a paper, send it out, and hope somebody likes it,” he said. He aims for peer-reviewed intensive introduction for the book, first started working on journals, which are better equipped to edit technical data the topic as her senior thesis in literature at Harvard College. analysis and mathematical modeling. Hubbard himself is Professor William Hubbard, on the other hand, tries to a coeditor of the peer-reviewed Journal of Legal Studies, tell his story through empirical data. He does economic which is produced at the Law School. analysis of litigation, courts, and civil procedure. Most of Hubbard said he knows that most judges and lawyers his early publications were invited pieces for conferences don’t read journals. Some judges have criticized academic and symposia, which the event organizers would later work as too esoteric, too focused on “sexy” cases, and publish. Being a new professor at the Law School helped not in tune with how the law really works or its political

6 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Publishing Options A.indd 7 9/10/14 9:06 PM realities, he said. He tries to make sure his work has debate,” he said. “To the extent I can do a bit to further practical benefit by focusing on issues that have interested my policy views, I’d like to do that.” him since he was a lawyer practicing high-stakes civil Even better, he said, “doing more popular writing improves litigation cases. In February, Hubbard presented results my academic writing. Academic writing can tend to be of an empirical study on litigation costs to the Advisory too complex, too dense. When I have to write a piece Committee on the Civil Rules, the group of judges with no footnotes, I find I work to make it clearer and responsible for the federal rule-making process. more accessible.” Hubbard also has spoken in depth with federal judges Professor William Baude shares Stephanopoulos’s who visit the Law School as part of its Visiting Jurist feelings about the importance of making academic work program, which brings leading judges and members of the accessible. He started a law blog when he was still an faculty together to discuss academic research. In 2013, undergraduate at the University of Chicago a decade ago. Hubbard discussed pleading standards with Judge Gary Back then, law blogs weren’t at all common, but Baude Feinerman of the Northern District of Illinois. read a few he liked and was inspired to start his own. “Judges don’t generally read these papers,” Hubbard said. “I would see people say things on the Internet I thought “But I want to inform an academic debate on how people were wrong or not quite right, and I wanted a place to understand the process by which lawsuits are resolved. As respond,” he said. Baude also wrote for the Maroon student academics, lawyers, and even their clients become aware of newspaper and sometimes for no outlet at all; if he was new ideas, I think those ideas do trickle up to judges and moved to write an essay about something and had nowhere policy makers.” to publish it, he’d simply circulate it among friends. Professor Nicholas Stephanopoulos also wants to create While studying at Yale Law School, Baude’s blog evolved work with impact, in his case, on election law. into a “place for me to figure out what I thought about He does that through both his academic writing, usually things. And that’s still true. I often write about things that published in law reviews, and his popular writing for puzzle me.” Today, the blog is defunct, but Baude writes publications such as Slate, the New Republic, the Los for two others: SCOTUSblog, where his beat is jurisdiction Angeles Times, and the . and procedure cases, and the Volokh Conspiracy, For example, Stephanopoulos recently completed Partisan populated by mostly law professors and now hosted by Gerrymandering and the Efficiency Gap, a paper in which . Baude’s work has found its way to he proposes a quantitative metric to measure the degree of the Supreme Court and beyond. Justice Antonin Scalia partisan gerrymandering in district plans. The metric is cited two of Baude’s scholarly articles in two separate based on partisan symmetry, which the Supreme Court has opinions; first, it was “Beyond DOMA” in his dissent for shown some openness to despite rejecting other standards. United States v. Windsor and then “Rethinking the Federal The article will be published in the University of Chicago Law Eminent Domain Power” in his concurring opinion in Bond Review next year, but it’s already available online, and people v. United States. Both articles have been used in recent in Wisconsin unhappy about the state’s pro-Republican law school case books. And it’s not just scholarly articles gerrymander plan to use its proposed metric in a lawsuit. getting attention; one of Baude’s Volokh Conspiracy blog (If the lawsuit succeeds, it would be the first-ever victory on posts was cited in the successful petitions for summary this cause of action.) Stephanopoulos also presented the reversal in Williams v. Johnson, decided by the Court July 1. basic ideas in a July 2 piece for the New Republic, “Here’s But even the heavy workload of articles and blogging How We Can End Gerrymandering Once and for All.” isn’t enough writing for Baude. He does more, just for These “pop” versions of his articles bring his academic fun. His (@crescat) followers can count on a post ideas to the masses, he said. Both types require some hustle or two virtually every day, and he is the author of more for a young professor; Stephanopoulos pitches each law than 1,000 business reviews on Yelp, where he has been review article to a few dozen law reviews and then contacts named to the “Yelp Elite Squad” six years in a row. media outlets to find space for a column. “I just love writing,” Baude said. “I’m really interested in not just having a role in the Luckily for him and our other prolific professors, the academic debate but also being relevant in the public opportunities are endless.

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 7

Publishing Options A_u2.indd 8 9/15/14 4:22 PM THE WORK THAT CHANGED ME

By Robin I. Mordfin

8 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

The Work That Changed Me A1.indd 3 9/10/14 9:24 PM The artful use of words has long inspired Stone returned to the Law School as a member of the great minds. Thomas Alva Edison decided faculty in 1973, at which time Professor Philip Kurland invited him to write a piece for the Supreme Court Review. to become an inventor like his idol, Sir He first considered writing about equal protection, but Isaac Newton, after reading PrinciPia, while then Professor Kalven suggested that he write about recent decisions involving the public forum doctrine. novelist Joyce Carol Oates decided to “That led to my first piece as a member of the faculty, become a novelist after enjoying alice in ‘Fora Americana: Speech in Public Places,’” said Stone. “That article built upon the idea first put forth by Kalven Wonderland. But what inspires those who in his 1965 article and took it in new and—I’d like to choose to study the weighty problems of think—interesting and original directions. Many of my law, economics, and society and spend their subsequent articles drew upon and further developed the insights of that first piece. Sadly, Kalven died of a time attempting to find solutions? sudden heart attack several months after ‘Fora Americana’ any members of the Law School faculty have been stimulated by well-constructed prose. Naturally, some of the biggest thinkers started Mwith some of the most well-known documents. Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law and influential constitutional law scholar, was moved by a journal piece on the First Amendment.

Professor Jennifer Nou was published, but it was his work and his ideas that inspired it. Much of the First Amendment section of my Constitutional Law casebook (coedited with Mike Seidman, Cass Sunstein, Mark Tushnet, and Pamela Karlan) is organized around the ideas I first explored in that 1973 article.” Professor Geoffrey R. Stone Jennifer Nou, Neubauer Family Assistant Professor “Harry Kalven’s article in the 1965 Supreme Court Review, of Law, also found writing early on that has strongly ‘The Concept of the Public Forum: Cox v. Louisiana,’ affected the trajectory of her career. Nou, who has written played a central role in shaping my lifelong interest in the extensively on regulation, had this to say about Douglas First Amendment,” said Stone. “I first read Kalven’s article Rae’s Equalities: in 1971 when I was a student at the University of Chicago “Reading it in college sparked questions for me that I Law School. At the time, it exemplified for me the sort of think I’m still trying to answer. In Equalities, Rae and clear-eyed, insightful, and integrative analysis that marked his coauthors set out to examine the ways in which the the very best of legal scholarship. It took judicial decisions abstract concept of equality fissures into the practical seriously, but looked beyond them to seek the broader ‘equalities’ (plural) of real life. They were concerned, in principles they might support.” other words, with the repeated moments of transition

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 9

The Work That Changed Me A1_u1.indd 4 9/15/14 8:20 AM between the theory and practice of equality; for example, of understanding how ideas actually lived and breathed.” in debates over kidney allocation, baseball salaries, Naturally, some even more fundamental sources have language rights, religious freedom. How do actual societies brought forth an interest in scholarship. Richard Epstein, instantiate the ideal of equality, whether between groups James Parker Hall Distinguished Service Professor or individuals? How do these practical understandings of Emeritus, finds Roman law to be a nearly constant source equality relate to and conflict with each other?” of both new and old ideas. “It struck me that these same questions could be asked “The great advantage of the study of Roman law generally about the idea of efficiency,” Nou continued. “In our is that it gives an alternative system-wide view of legal economics classes, we were often told that there was a institutions and doctrines that is still relevant today in trade-off between equality and efficiency—with the former modern private and public law,” said Epstein. “The Romans the realm of philosophers and politicians, the latter the were weak on developing a justificatory apparatus for their realm of technocrats. But it seemed that in real life the rules, whose strength is best measured by their durability. idea of ‘efficiency’ was actually highly contested, political, The analytical project is to use the modern tools of and value-laden. The concept of efficiency, that is, became philosophy and economics to supply the rationales that various ‘efficiencies’ in practice, from debates about explain the great strengths of the Roman system and also economic growth to the use and abuse of cost-benefit give insight to the places in which their rules tend to fail.” analysis. In this sense, Equalities highlighted for me the value Epstein has found that the one text he has consulted

Professor Richard Epstein

10 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

The Work That Changed Me A1.indd 5 9/10/14 9:25 PM more than any other over the past 50 years has been International Monetary Fund in the period before Joseph Gaius’s Institutes. “I first encountered the book when I Gold became the Fund’s General Counsel was frustrating. began my studies of law at Oxford,” he said. “Roman Law I therefore made many trips to Washington to access of contracts under the guidance of my then Oriel tutor, unpublished IMF documents,” he noted. Alan Watson, was the first book that I read, and did so Some publications were of interest to faculty members in close detail. From those early origins, I expanded my set not only for what they say, but also for how they say it. of Roman law texts to cover much of the law of property, Lior Strahilevitz, Sidley Austin Professor of Law, was a tort, procedure, and the law of persons, where again second-year law student when he read “Crystals and Mud Gaius was the first source I read. His genius in getting in Property Law,” by Carol Rose, ’77, which was first the taxonomy right coupled with his deep awareness of published in the Stanford Law Review in 1988. the transactional possibilities under Roman law have “‘We’re allowed to write that way?’ was the first thing I influenced my own work in common law systems.” thought when I put down the article,” Strahilevitz mused. “The theories of contract classification influenced my “So much of the legal scholarship that I had read as a general view that the American system of consideration student was dull, jargon-filled, and lifeless. There was plus detrimental reliance is not an adequate framework nothing literary about it. Carol’s writing, by contrast, was for promissory obligations,” Epstein related. “The Roman conversational, unpretentious, clear … even funny. treatment of causation, which does not involve the use I already had a strong suspicion that I wanted to be a law of ‘but for’ and proximate causation had profound influence on my early treatment of tort law in my 1973 article ‘The Theory of Strict Liability.’ The Roman approaches to textual interpretation apply in my view not only to the general propositions of Roman law but to many of the Professor Kenneth Dam broad guarantees of Professor Lior Strahilevitz American constitutional law, including my recent work in professor, and I remember promising myself that I would The Classical Liberal Constitution.” strive to write articles that were a pleasure to read and Interestingly, a lack of good writing, in fact a lack of analytically rich, just like Carol’s.” writing at all, has also served as inspiration. Kenneth Dam, “As 3Ls on the law review board, my classmate and Max Pam Professor Emeritus of American and Foreign future Chicago faculty colleague Alison LaCroix and I Law, had already written a book, The GATT: Law and were assigned the task of editing an essay by Carol,” said International Economic Organization, when he decided to Strahilevitz. “I am ashamed to admit that I was an overly expand his look at the General Agreement on Tariffs and zealous editor of faculty prose during my time on the Law Trade by considering monetary issues as well. Unfortunately, Journal. That said, as I progressed through the first draft of he was faced with enormous challenges in putting together Carol’s essay, ‘Canons of Property Talk, or, Blackstone’s his research because of a lack of documentation. Anxiety,’ I could not identify a single sentence that needed “After having access to the published documents of fixing. How was I to prove that I had read the darn thing? the GATT, the relative dearth of documents about the Alison had essentially the same reaction. I think when

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 11

The Work That Changed Me A1_u1.indd 6 9/15/14 8:20 AM all was said and done, we decided to save face by moving “Yes, it’s dated in some ways (for example, references a comma and maybe italicizing something.” He added, to ‘your wife’ and ‘your baby’ as forces orbiting outside “Carol Rose needs editors like needs the scholar’s study),” she said, “but the message that has law clerks.” always stuck with me is this—short, straightforward, Fortunately, Rose’s example has served Strahilevitz well and so hard to put into practice: ‘First and foremost, as he has kept to his promise and published a number of get writing!’ And then the nice historical image: ‘Young accessible law articles, including “How’s My Driving? For scholars generally wish to secure the last fact before writing Everyone (and Everything?)” and “The Right to Destroy.” anything, just as General McClellan refused to advance Professor Alison LaCroix, who has already published until the last mule was shod.’” dozens of articles and a book, was also inspired by “Historians necessarily spend a great deal of time in the beautiful prose, but of a very different sort. The essay that archive, but Morison (a rear admiral in World War II keeps her motivated to continue her work is historian who reportedly also rode a horse to his office in Harvard Samuel Eliot Morison’s essay “History as a Literary Yard) urged historians to plunge into the writing, even Art: An Appeal to Young Historians,” which was first when the lure of the research continues to beckon,” said published in 1946. LaCroix. “But this is what stays with me: ‘When you once

Professor Alison LaCroix

12 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

The Work That Changed Me A1_u1.indd 7 9/15/14 8:20 AM best class I took in grad school, and he was on my thesis committee. (He even assigned my PhD thesis as a problem set in Price Theory—rare praise he gave his students.) I did not get a chance to tell him how he inspired me to study economics until very recently: you could approach Gary about work anytime, but he didn’t seem so open to social conversations. Fortunately, I had a chance to tell him at a dinner we had after a festschrift for him a few years ago. I will miss Gary now that he is gone.” Similarly, Tom Ginsburg, Leo Spitz Professor of International Law, found a new way of looking at the world by reading The Clash Within by Martha Nussbaum. “Reading Martha Nussbaum’s 2007 book on had a big effect on me,” he said. “The book is an important reminder that the main political struggles of our time

Professor Anup Malani are writing, go on writing as long as you can; there will be plenty of time later to shove in the footnotes or return to the library for extra information.’ Writing is how we figure out the story and the argument, so every scholar—young or otherwise—has to find a way to start marching, even with a mule or two unshod.” Unsurprisingly, with a faculty as knowledgeable and Professor Tom Ginsburg prolific as that of the Law School’s, some of our best are not between civilizations but within them, and even scholars have used other members as beacons in finding within the individuals that compose them. Every society, their ways in the world of academia. Much as Geoffrey and indeed every person, is engaged in a struggle between Stone found Harry Kalven’s work motivating, so law and openness and fear, between tolerance and intolerance. I economics expert Anup Malani, Lee and Brena Freeman sometimes come back to the book like a mantra when Professor of Law, sees the writing of Gary Becker. confronted with the sometimes ugly realities of our “The work that changed me is Gary Becker’s The world,” Ginsburg explained. Economic Approach to Human Behavior,” Malani said. “I Each year, the researchers and teachers on the faculty of picked it up at a bookstore as a senior in college. I had the University of Chicago Law School put out hundreds of taken economics courses and done so-so. None of the articles, chapters, and books that find their way into the classes really gave me a sense of the power of economics. hands of eager young thinkers all over the world. Just as This book did. It made me apply not just to law each member of the faculty has found inspiration in the schools—as most kids at Georgetown did—but also to work of scholars who came before or worked with them, a economics departments. I consider myself fortunate that work by our faculty members that could change the course I got into Chicago. Gary’s Price Theory class was the of an academic career could be going to print right now.

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 13

The Work That Changed Me A1_u1.indd 8 9/15/14 8:20 AM How I Wrote a Book: Richard McAdams

By Meredith Heagney

14 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

How I Write a Book A.indd 3 9/10/14 10:05 PM Many of our faculty are authors of one or more books, “I kind of started from scratch. I had the ideas, but I generally the form of scholarship that takes the most time and didn’t take any particular article and say, ‘this is chapter effort to produce. For this story, Professor Richard McAdams, three.’ Instead, I just started over.” Bernard D. Meltzer Professor of Law and Aaron Director McAdams doesn’t remember what he wrote first, or even Research Scholar, talked to The Record in detail about on what subject he started. He just knows he jumped in and the process of writing his first book. McAdams has taught wrote, and chapters formed, broke apart, and flipped around. law since 1990—at the Law School since 2007—and has “The chapters I imagined in the book proposal would authored dozens of articles and book chapters but had not yet bear little relation to the chapters I produced. The ideas tackled his own book. are all there, but they’re differently arranged,” he said. “As rofessor Richard McAdams printed out the more a writer, I’m somebody who tinkers endlessly and changes than 300-page manuscript for his upcoming book my mind about organization.” and held it in his hands. He felt the satisfying heft But, he added, “the best part was finishing a chapter Pof many years of work all together in one place. He was and feeling that I had discovered significant things in the nearly done. writing of it that I had not known when I started.” McAdams still has a few months to go before the book is published, but getting to the final editing stages is a reward in itself. “The best part was finishing “It feels liberating,” he said. The Expressive Powers of Law: Theories and Limits, due a chapter and feeling that I had in January from Press, is McAdams’s discovered significant things in first authored book. He coedited 2013’s Fairness in Law and Economics with Professor Lee Fennell, and he’s written the writing of it that I had not several book chapters and dozens of articles, but writing his own book was a new experience. known when I started.” The book focuses on two “expressive theories” of law, McAdams’s ideas about how law influences behavior. The goal of the book is to inform an existing debate He started writing journal articles on these expressive about how law influences behavior. Economists have theories back in 2000. Sometimes, he’d discover that other traditionally believed that it’s about deterrence: that is, law scholars would cite him for one theory or the other, changes the cost of behavior by imposing legal sanctions. seemingly unaware that he had written extensively about Sociologists and psychologists subscribe to a theory of both. He wanted to explore them both in a single vehicle and legitimacy, which says that people obey the law to the knew, with much to say, that a book was the best option. extent that they perceive it as a legitimate authority. What he didn’t know was whether the publishers he Both likely explain some amount of compliance with the wanted—high-end academic presses—would buy it. So, in law, McAdams said, but not all of it. His book presents 2005, he wrote a 15-page book proposal and sent it out. his two theories, the information theory and the focal “Some people write the book and then try to get a point theory, and applies them to many interesting real- contract, but I didn’t want to write it before knowing if world situations, including international relations, drug anyone wanted to buy it,” McAdams said. legalization, war, flag desecration, property disputes, and He didn’t have anything to worry about. Harvard Florida’s Stand Your Ground law. University Press, one of his top choices, told him they The information theory says that law is information that would publish it. Then all that was left to do was write. may change beliefs that change behavior. For example, if Despite the fact that McAdams had written several a legislature bans smoking in public places, that conveys articles on his expressive theories, he didn’t find that they information. First, it may cause people to believe that their merged obviously into a book. That would’ve been much fellow citizens are more opposed to smoking than they more efficient, he said, than his process. previously thought. Second, it gives people a reason to

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 15

How I Write a Book A_u1.indd 4 9/15/14 8:38 AM think more about the risk of secondhand smoke and its until people who were reading it for me were happy with dangers. Smokers may change their beliefs and behavior in it.” (McAdams sent drafts to a few friends and colleagues.) response to this information (the law), perhaps not because McAdams wrote in his Law School office and in his they’re worried about getting in trouble, but rather home office, whenever he had time, which proved difficult because they don’t want to look like a jerk or compromise to come by. In the years he was writing the book, he others’ health. started coauthoring more journal articles with colleagues. In McAdams’s second theory, law works as a coordinating He didn’t want to let his coauthors down, so he’d focal point to help people avoid conflict. Think of an prioritize those articles over his solo book project. intersection where the traffic lights are out, and imagine He also taught, of course, and had a long list of Law that a bystander jumps in and starts directing traffic. He School responsibilities: he organized conferences, cochaired the faculty appointments committee, chaired a committee tasked with reorganizing clinical governance, “The beginning of the book is and chaired a university committee reviewing internal investigations of the University of Chicago Police in some ways the most Department, to name a few. That meant that sometimes important,” McAdams said. the book was put aside for months at a time, which then required time to restart the project. “If people don’t like the beginning “If I were more efficient, I would have just done all of it, of the book, they’re not going as some of my colleagues do,” he said, but “they may or may not sleep.” to read the rest of it. And Much of his time was spent working with the D’Angelo some people will only read the Law Library and research assistants to unearth material about the book’s many interesting examples. In the focal introduction to get the gist point chapters, he talks about the federal statute that of the ideas.” states rules for respecting the American flag, the Lieber code promulgated by the Union in the Civil War, and the court in medieval Iceland that issued judgments for several doesn’t have the legitimacy of the law behind him, and no centuries without any executive officials, such as police, one can go to jail for not obeying him, but people probably to enforce them. All those legal pronouncements created will anyway. In a situation requiring coordination, people a focal point for people who wanted to, respectively, show seek order, and the law can provide that, McAdams said. respect to the flag, cooperate with an enemy over certain “People in conflict often have some common interest aspects of war, and resolve disputes, he explained. in wanting to prevent the conflict from escalating to For the idea of law as information, McAdams writes something that is analogous to a car crash in the middle of about the unwanted expressive effects of drug legalization, the intersection,” he said. “Therefore, in those situations which signals that drugs are more popular and less the law gets some power just from being the most salient dangerous than they actually are. He claims that the real suggestion for how to resolve their conflict.” issue in the public controversy over Florida’s Stand Your McAdams lays out his theories in his introduction, which Ground law (made famous after the killing of Trayvon he rewrote again and again in the hopes of making it as Martin) were with the law’s informational effects, more clear and interesting to readers as possible. than anything else. “The beginning of the book is in some ways the most McAdams also argues that the law’s expressive influence important,” McAdams said. “If people don’t like the over behavior (through information on public attitudes) beginning of the book, they’re not going to read the rest of helps to explain why we should interpret the First it. And some people will only read the introduction to get Amendment’s Establishment Clause to prohibit the the gist of the ideas. So I spent a lot of time rewriting that government from endorsing religion.

16 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

How I Write a Book A.indd 5 9/10/14 10:05 PM McAdams hopes that the combination of theories and Finally, on December 22, 2012, McAdams submitted practical examples will appeal to other law professors, his completed manuscript. After that, the press gave the political scientists, and lawyers interested in theory. manuscript to two anonymous reviewers, who came back He found it challenging to move beyond the fields of after about six months with extensive comments. McAdams criminal law and procedure. “I wrote a lot about topics had to then resubmit the manuscript explaining all the outside my primary expertise: the fields of constitutional changes he made or why he rejected suggested changes, law, international law, customary law, property, and a which ended up being a 35-page document in addition to host of smaller regulations about traffic and smoking. I the manuscript. That version was sent in on September 3, discuss game theory, social movements, and histories of 2013, and editing began in January of this year. dispute-resolution mechanisms,” he said. “Next time, I’ll McAdams received Harvard’s first edit in late May and pick a narrower topic, one that I can complete in less time. returned his edited manuscript in June. He saw page Ideally, something where I can fully understand the scope proofs in July, approved them and made minor changes, of the topic before I write the book.” and now he waits for the big day: January 12, 2015. Luckily, Harvard University Press didn’t mind the wait. “Maybe it sounds egotistical, but I really like sitting “Harvard completely left me alone. I guess they’re used down and reading the whole thing,” McAdams said. “I to the fact some people take a very long time. They really printed it out, double-sided, and it’s kind of a hefty thing, didn’t bother me, which kind of surprised me.” and it was like, yeah, this is a book, finally.” His last step was to write a chapter on normative He doesn’t know when or on what he’ll write that next implications of his theories and how they can be used book yet. Now he knows firsthand that the process is very when making policy. Law professors always want a chapter rewarding, but rarely easy. “Of course, my favorite part of like that, he said. writing the book was finishing it.”

The end.

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 17

How I Write a Book A.indd 6 9/11/14 1:19 PM Global Reach: Translations Spread Faculty Ideas around the World By Meredith Heagney

18 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Global Translations A.indd 3 9/10/14 10:12 PM rofessor Douglas Baird doesn’t speak Chinese, but Portuguese. The press’s philosophy titles are especially if you speak only Chinese, you can still learn game popular in Brazil, ter Horst said. theory from him. Baird’s celebrated 1998 book Game European academics generally don’t want translations PTheory and the Law, written with Professor Randy Picker because they read English and have their own competing and Booth School of Business Professor Robert Gertner, scholarship. But titles with potential for general readership has been translated into Chinese and is popular among are popular for European translations. legal academics in that country. Some have even told Baird In Europe, there is much more interest in the humanities face-to-face how grateful they are for the translation. among a nonacademic audience than exists in the United “It’s surreal to know that people halfway around the States, said Professor Martha Nussbaum, a philosopher. world are reading it, but satisfying,” said Baird, Harry A. She has standard Italian, Spanish, and Dutch publishers Bigelow Distinguished Service Professor of Law. He also who routinely translate her work, and all three signed had a recent article on intellectual property translated into contracts for her book coming out in 2015 after seeing Spanish for a Peruvian journal. Our faculty’s work is in demand around the world, and translations are an invaluable way to make sure as many “If you want to be read beyond a people as possible read the scholarship. What is produced narrow circle of academics, you here has real impact, and potential for impact, outside of the United States. have to rely on translations.” Faculty say they’re almost always happy to be translated, even if there’s no way to guarantee that the translation is a just one chapter. The book explores anger and forgiveness good one. Most of the time they can’t read it, after all, to and is based on the Locke Lectures she delivered at Oxford verify for themselves. University in the spring. She’s even doing a book tour in “No translation is ever perfect, and there’s a certain the Netherlands and Belgium in December to promote acceptable error rate,” said Professor Tom Ginsburg, Leo the Dutch translation of her 2013 book Political Emotions: Spitz Professor of International Law. “You have to be Why Love Matters for Justice, which is also being translated realistic about it. As long as the ideas get out there, that’s into Italian, German, Spanish, Korean, and Chinese. what matters.” “If you want to be read beyond a narrow circle of Demand varies depending on the part of the world. academics, you have to rely on translations,” said Right now, Asia and Latin America are hot markets Nussbaum, Ernst Freund Distinguished Service Professor and Europe is less so, said Ines ter Horst, foreign rights of Law and Ethics. manager at the University of Chicago Press. As for the Arab world, academic publishers would like to in particular is translating at a high rate, ter Horst sell more translations there, ter Horst said, but the region’s said. The press issues an average of 140 licenses a year to political unrest and haphazard distribution structure make foreign presses that want the right to translate one of their deals difficult. Sometimes, the press agrees to terms in the titles. Forty of those, on average, go to China. it wouldn’t take elsewhere. “China has woken up and is thirsty for knowledge. And “In some instances, you take risks to increase scholarship their population doesn’t necessarily speak English. You worldwide,” ter Horst said. need to be translated in order to be known in China,” ter Our faculty scholarship is not just marketable in other Horst said. “In countries such as Germany or Sweden, countries; it can have real impact on current events. For where most people speak English, or at least people example, Ginsburg’s work on constitutions is designed educated to a certain level who would read our books, to help developing nations determine what features and then there’s no need to translate.” protections to put in their own nascent documents. “If I The University of Chicago Press issues between ten write a piece on the Thai Constitutional Court or the Arab and fifteen licenses a year for books to be translated into Spring, I would prefer it be read by people in that region,” Spanish, most commonly in Argentina, Mexico, and Ginsburg said. “Translations are a great way to do that.” Colombia. Brazil is also increasingly translating titles into Professor Omri Ben-Shahar’s new book, More Than

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 19

Global Translations A_u1.indd 4 9/15/14 8:46 AM You Wanted to Know: The Failure of Mandated Disclosure, law,” Ginsburg said. “Communicating that is more of an is about the ineffectiveness of mandated disclosure as a art than a science.” legal tool. An example: the thousands of words in the Making sure the final product is a work of art is hard iTunes terms of use that you never actually read before to do, but faculty have developed various safeguards. In clicking “I agree.” (See page 40 for a story on the book.) the easiest cases, the professor reads the language well The book is now being translated into Chinese, and Ben- enough to review the work. (Professor Brian Leiter once Shahar sees an opportunity to influence the development caught an error in a French translation of one of his books, of consumer protection laws in China. As China’s legal even though he was “stumbling my way through it.”) infrastructure has developed, they’ve instituted more Sometimes, the author asks colleagues or international and more disclosures, said Ben-Shahar, Leo and Eileen students, especially LLMs, to take a look. Editors at Herzel Professor of Law and director of the Coase-Sandor presses can often read other languages, too; ter Horst, for Institute for Law and Economics. He would advise against example, knows Spanish and French. Some foreign presses that inclination. even have a peer-review process. But, of course, none of it “My book maybe can have impact there, before it’s too can guarantee a perfect translation. late,” he said, a much harder task in the United States “Even if a translation is not perfect, it’s beneficial that where we’re already “drowning in disclosures.” the translated scholarship reaches its audience,” ter Horst It’s clear that translation is an important endeavor, but said. “It’s our mission to disseminate the best possible it’s also a difficult one, especially with a precise topic such translations of important scholarship throughout the world.” as law. Sometimes, there are no terms to translate a given Of course, the best protection is to choose the best possible term, or no concept in that language for what the author translator, and sometimes, that choice is the author’s. describes. For the Chinese version of More Than You Wanted to “What exactly is ‘equity’ in Chinese?” Ginsburg asked. Know, Ben-Shahar fielded many requests from scholars Sometimes, he added, terms develop in the wake of this who wanted the translation job. A translation is a dilemma. The Japanese word kenri was created in the 19th prestigious assignment for a promising Chinese academic, century to mean “rights,” because the Japanese had no Ben-Shahar said. He decided on Xiaofang Chen, an native concept for that. assistant professor at East China University of Political “We think in an era of Google Translate that these Science and Law who had attended the Law School’s things can be overcome, but there are always a lot of Summer School in Law and Economics. The annual hidden assumptions in the words we use, particularly in program, now called the Summer Institute in Law and

20 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Global Translations A_u1.indd 5 9/15/14 8:46 AM Economics, is part of the Coase-Sandor Institute for between elegant style and technical accuracy in the Law and Economics, which Ben-Shahar heads. He liked translation. This is even more difficult when the original that Chen had a strong reputation both as a scholar and text, as in the case of Brian’s book, is written in elegant an English speaker and that her own work is on related prose,” Ratti said. “In my first draft, I focused on the themes. The Chinese version will come out next year. accuracy of the translation, paying attention to the best When an Italian publisher contacted Princeton way of translating theoretical terms and the jurisprudential University Press for the right to translate Leiter’s 2013 theses. In preparing the final draft, I worked more on the style of the Spanish prose.” Ratti is now working on the Italian version of Why “We think in an era of Tolerate Religion? He should finish in February, and the translation will be printed in 2016. Google Translate that these things Sometimes translation is a learning experience. Professor can be overcome, but there Peixin Luo of East China University of Political Science and Law has now translated 10 English books on are always a lot of hidden commercial law into Chinese, but his first was Frank Easterbrook and Daniel Fischel’s 1996 book The Economic assumptions in the words we use, Structure of Corporate Law for Beijing University Press. particularly in law.” Jianwei Zhang, another professor, was his cotranslator. Luo said he was learning the field of corporate law as he worked on the translation, which came out in 2005. book Why Tolerate Religion? Leiter suggested Giovanni “This book is very familiar” today to legal scholars in Ratti, a legal philosopher and native Italian speaker China, he said. “It turned out to be the most cited book in who had translated Leiter’s 2007 book Naturalizing the field of corporate law in China. I’m very honored to be Jurisprudence: Essays on American Legal Realism and the translator.” In fact, Luo thinks the book is so important Naturalism in Legal Philosophy into Spanish (Naturalismo y that he used his payment for translating the second Teoría del Derecho). edition, in which he also wrote a preface in memory of Leiter felt comfortable recommending Ratti for Why Ronald Coase, to buy copies of the book for his students. Tolerate Religion? because of his diligence while working Ruoying Chen, LLM ’05 and JSD ’10, teaches at Peking on Naturalizing Jurisprudence. “The kinds of things he University Law School in Beijing. She likes to read checked on, it was clear he was doing a very conscientious important works in English, but many of her students job,” said Leiter, the Karl N. Llewellyn Professor of cannot as effectively, she said, so she assigns translations. Jurisprudence and director of the Center for Law, Besides the Easterbrook/Fischel book, works by Coase, Philosophy, and Human Values. Baird, Nussbaum, Picker, Richard Epstein, Eric Posner, Ratti teaches at the Genoa Department of Legal Philosophy, David Weisbach, and Judge Richard Posner are also very founded by the author of the first comprehensive Italian popular, she said. That’s why, during the International monograph on American legal realism. Both Ratti and Summer Program in Law and Economics run by the Leiter are legal realists, who believe that nonlegal factors such Coase-Sandor Institute, professors are often treated like as political ideologies or personal backgrounds influence celebrities by the visiting scholars, who ask for autographs judges’ decisions and therefore the law. “Because of my and snapshots. academic interest in the research agenda defended in “These works are classics in law and economics literature Naturalizing Jurisprudence, I was particularly eager to make and everyone should read them, including Chinese students Brian’s book available to a wider readership,” Ratti said. and scholars who don’t work with English,” Chen said. The whole process took Ratti about a year and a half and Baird will never get used to signing autographs, but he’s involved a lot of back-and-forth with Leiter, both over email thrilled that his work, and his colleagues’, is read around and in a face-to-face meeting in Pavia, in northern Italy. the world. He put his attitude toward translations in “The biggest challenge was to strike the correct balance poetic terms: “Let a thousand flowers bloom.”

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 21

Global Translations A_u1.indd 6 9/15/14 8:46 AM What (and Where and How) We Read for Fun Compiled by Meredith Heagney

22 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Reading for Fun A.indd 3 9/10/14 10:16 PM ot even the most serious legal scholar reads Disgrace by J. M. Coetzee scholarship all the time. Is there any greater joy Life of Pi by Yann Martel than settling down with a great book, just for Middlesex by Jeffrey Eugenides Nfun? The Law School is full of bookworms who would One Hundred Years of Solitude by Gabriel García Márquez emphatically answer “no.” (Nothing beats a poetry anthology for a quick pick-me-up.) You can never have too many book recommendations, so we asked a handful of faculty and administrators to Susan Curry write about their literary favorites and reading habits. If Director of Public Interest Law and Policy you enjoy this, be sure to check out http://webcast-law. uchicago.edu/facultyreading/ to see the 2013 version of Given my daily commute from Chicago’s far northwest our annual holiday tradition, “What Are We Reading?” side, I have upwards of 15 hours spent in my car in a Older lists can be found on our Goodreads page (just typical week. So I look for books that tell long, sprawling search UChicago Law), and if you friend us, you’ll get stories. Better still if they feature a cast of hundreds this year’s list before we post it to our website. and cover decades or generations. No matter how well Happy reading! told or artfully crafted, a short story leaves me wanting. Unsurprising then, that one major book-choosing factor for me is length: The Goldfinch by Donna Tartt Herschella Conyers, ’83 or anything by Bryce Courtenay or Wally Lamb. I Clinical Professor of Law, Criminal and recommend The Luminaries by Eleanor Catton. At only Juvenile Justice Project 28 years old, she wrote this complex mystery set in the I just finished The Brief Wondrous Life of Oscar Wao by New Zealand goldfields of 1866. I can’t wait for her next Junot Díaz. It was my plane ride book for several trips. It’s book. Once I find an author I like, such as the hilarious fairly typical of one of my favorite kinds of fiction: sort of Meg Wolitzer (whose The Interestings I am currently hard-hitting surrealism. During the summer, I try to read reading), I read everything in her oeuvre. something old (a book I’ve read before to see what’s changed): I am most grateful for the new audiobook craze, which The Bluest Eye by Toni Morrison; something new (I’ve has been my car commuter’s deliverance. I find that I been meaning to explore this author): Dear Life by Alice have never been as well read. In my four years at the Munro; something borrowed (a book recommended by a Law School, my audio library has grown to include 162 friend): Why Zebras Don’t Get Ulcers by Robert Sapolsky; books. And how decadent it is to be read to! Especially by and something blue (back to the surreal): I’m looking. excellent actors-turned-narrators. Anyone who has listened For me, reading is as much a physical as intellectual and to the cast-narrated audio version of The Help by Kathryn emotional act. I’m trying desperately to convert to an Stockett will know what I mean. e-reader but I like the weight of a book. I like the marking I used to think that I had a preferred genre of fiction, but of a book, accidentally or not. I like seeing, as I go, where I since “going audio,” I find that I am willing to experiment am in the story. with all types of books I would never have considered: in There’s no best for me. What follows are books (not Westerns, I have loved The Son by Philipp Meyer and, counting the classics and childhood readings, but I have of course, Lonesome Dove by Larry McMurtry; in young to give a shout-out to Advise and Consent and Gone with adult, I recommend Eleanor & Park by Rainbow Rowell the Wind) that I remember and remember reading. These and The Fault in Our Stars by John Green; in fantasy/ are some of the books that have made me pause, made mythology, I’ve found no one better than Neil Gaiman, me grunt or speak out loud, and made me love words and whose The Graveyard Book and The Ocean at the End of the meanings. Lane vie with Neverwhere for all-time favorites. In no particular order: Reading now: The Interestings by Meg Wolitzer Me Talk Pretty One Day by David Sedaris Best book in recent memory: The Luminaries by Eleanor A Death in the Family by James Agee Catton Play It as It Lays by Joan Didion Favorite book of all time: One Hundred Years of Solitude Go Tell It on the Mountain by James Baldwin by Gabriel García Márquez

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 23

Reading for Fun A_u1.indd 4 9/15/14 9:01 AM fiction (but not fantasy), classic fiction, and history of M. Todd Henderson all kinds, especially military and geopolitical history. A Michael J. Marks Professor of Law and favorite in each: the Foundation series by Isaac Asimov, Aaron Director Teaching Scholar Of Human Bondage by W. Somerset Maugham, and One of my great fortunes is that I get paid to read. All the Liberation Trilogy (about World War II) by Rick day long every day, I read everything I can get my hands Atkinson. on. The bulk of my reading, however, is related to my I also enjoy reading to my children, especially now that teaching and research interests in corporate law and they are largely out of picture books. My daughter and I financial regulation. Books about economics, current have recently read many of the Laura Ingalls Wilder events, and public policy more generally consume most books, and we’re now reading Anne of Green Gables. I’m of my time. Accordingly, my ratio of fun-to-work-related looking forward to reading The Constitution of Liberty by reading has fallen dramatically in recent years; when I was F. A. Hayek to them in a few years! working as a lawyer, I read for pleasure as an escape, but Reading now: Forgotten Ally by Rana Mitter, about the unfortunately I read less fiction today. I read mostly on my war between China and Japan during the 1930s and Kindle, but largely because of the convenience of carrying 1940s; Orkney by Amy Sackville; and Sons of Wichita books with me everywhere and the ability to read in the (about the Koch brothers) by Daniel Schulman; about dark. My drawers are filled with book lights that never halfway into each, I can recommend them all very highly quite measured up, and I’m glad to be rid of them. Best book in recent memory: Nothing to Envy: Ordinary I like to read many books at once, and I don’t finish Lives in North Korea by Barbara Demick, a perspective- books that I don’t like. I usually read things recommended inducing account of life in that country by book hounds that I trust—friends or colleagues with Favorite book of all time: The Brothers Karamazov by similar tastes or who I admire intellectually. I enjoy science Fyodor Dostoevsky

24 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Reading for Fun A_u1.indd 5 9/15/14 9:01 AM the convenience of whipping out a battered paperback to Alison LaCroix squeeze in a few pages waiting for my son’s baseball game Professor of Law and Ludwig and Hilde Wolf to start. The exception is the David McCullough–style Teaching Scholar histories that weigh you down in book form but fit so My “fun” books are nearly always works of fiction. I spend very nicely on the iPad. I love audio books but seldom a lot of time reading nonfiction historical scholarship and am organized enough to download and listen. One recent primary sources for my research, which I love, but for favorite in the audio category was Andre Agassi’s excellent leisure-time reading, nothing matches fiction. I nearly always bio, Open. It was fun (for me, who knows about the read actual, paper books. The exceptions were when I used students!) to draw analogies in class between the craft of to have a longer commute and listened to audio versions of a the professional athlete and the lawyer’s craft. few novels, some that I was reading for a Greenberg seminar Reading now: The Border Trilogy by Cormac McCarthy and some others that I just wanted to read. Those were Best book in recent memory: David McCullough’s terrific, especially when the readers were especially talented biography of the young Teddy Roosevelt, Mornings on (Frederick Davidson for War and Peace; Timothy West for Horseback Trollope’s Barsetshire novels; Kate Reading for Middlemarch). Favorite book of all time: To Kill a Mockingbird by But for real, immersive reading, it has to be a genuine book. Harper Lee As these titles suggest, I’m very fond of eighteenth- and nineteenth-century novels. But I also enjoy more modern works, often by British or Irish novelists, many Saul Levmore of them female. And I tend to read in thematically or William B. Graham Distinguished Service chronologically related groups—so in clumps over the Professor of Law past couple of summers, for instance, I’ve read a number Virtually all my nonlaw reading is by way of audiobooks, of great books by twentieth-century British, Irish, and listening while I exercise. I am in the midst of the last Commonwealth writers: Edna O’Brien, Elizabeth Bowen, chapter of Our Mathematical Universe by Max Tegmark. Rebecca West, Shirley Hazzard, Anne Enright, Kate It’s provocative and makes the reader think hard about Atkinson, and Rachel Cusk. I’ve also had some spates the importance (or not) of testable hypotheses. I recently of Tudor-era fiction, prompted by Hilary Mantel (who finished Evan Osnos’s Age of Ambition, a collection turns out to be basically incomparable), and World War of observations from modern China. The reading (or I–era novels, sparked by the recent, excellent BBC/HBO listening, really) coincided with a trip there this last miniseries version of Ford Madox Ford’s Parade’s End. month. It’s a book for everyone. Reading now: Troubles by J. G. Farrell I am always asking people for book recommendations Best book in recent memory: Barchester Towers by but, as with films and television, I find it hard to develop Anthony Trollope a successful algorithm (of the Netflix kind). Someone Favorite book of all time: Tom Jones by Henry Fielding recommends a book I love, but then the next suggestion from that source falls flat for me. This is true for fiction as well as nonfiction. I confess that I take my colleagues’ Jeff Leslie suggestions very seriously. By now I have read almost Director of Clinical and Experiential every book recommended in the Law School’s list. There Learning, Clinical Professor of Law, Paul J. I found The Boys in the Boat, which I thoroughly enjoyed Tierney Director of the Housing Initiative, but also some books that were hard to get through. and Faculty Director of Curriculum Reading is experimenting, I guess. My pattern in reading for fun is to alternate between Reading now: Our Mathematical Universe by Max Tegmark truly forgettable, trashy stuff—think airport bookstore Best book in recent memory: Probably Approximately bestsellers—and something meatier, often biographies or Correct by Leslie Valiant popular histories. The preferred format is almost always Best book in longer-term memory: A Fine Balance by a real book and not an electronic format. Nothing beats Rohinton Mistry

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 25

Reading for Fun A.indd 6 9/10/14 10:16 PM for road trips and not much else. There’s just something Annette Moore, ’06 about dog-earing pages, scribbling notes in pencil. AssociAte Director of ADMissions My favorite genre is probably the memoir, followed Between work, enjoying all that the city of Chicago has to closely by the biography. I love hearing people tell their offer, and hanging out with friends, family, and especially own stories, in their own words: How do they perceive my 19-month-old nephew, I find that I now have less the events, both historic and mundane, that they’ve lived time to read than when I practiced law. However, I do through? What are the details that only they could relate love those lazy weekends when I would rather stay at from firsthand experience? One of the best that I’ve read home than brave public transit on either a blisteringly hot is Katharine Graham’s Personal History. I didn’t know summer day or a painfully cold winter evening. On those that much about her before reading it, other than that days, if I am not trying to catch up on TV shows saved on she was the publisher of the Washington Post. But her my DVR or binge watching some ridiculously addictive story, spanning across almost eight decades, is about her show on Netflix, I grab some comfort food, a piping hot complicated family relationships, her husband’s suicide, cup of coffee, and a good book (either on my iPad or the and her evolution from a housewife to the head of a actual print version) and settle on my living room couch. major newspaper grappling with the Pentagon Papers and I don’t discriminate when it comes to my literary many other issues during her tenure. Throughout, she is tastes. I like historical nonfiction, science fiction (or just admirably honest and candid. any type of fiction), fantasy, suspense thrillers (though More recently, I also really enjoyed Walter Isaacson’s not too suspenseful or venturing into horror), and Steve Jobs biography. Published so closely after Jobs’ classic American literature (think along the lines of The death, it would have been understandable to whitewash Great Gatsby). I am currently reading David & Goliath: much of his life. Instead, the biography also grapples Underdogs, Misfits, and The Art of Battling Giants by with Jobs’ weaknesses and warts to present a fuller picture Malcolm Gladwell. I can’t recall what motivated me of someone it would be otherwise easy to mythologize. to pick up the book from the D’Angelo Law Library Finally, another one that stands out is David Sedaris’s Me other than the fact that I have thoroughly enjoyed every Talk Pretty One Day. Sedaris is not only hilarious, but has other book of Gladwell’s that I have read (for those ever such a unique voice and perspective on the most everyday wondering why they never became an NHL star or a things. Next on my list is probably Piper Kerman’s Orange maestro on the violin, be sure to pick up his Outliers: The Is the New Black—the show’s great, so the book must be Story of Success). too, right? Reading now: David & Goliath: Underdogs, Misfits, and Reading now: Let the Great World Spin by Colum The Art of Battling Giants by Malcolm Gladwell McCann Best book in recent memory: Team of Rivals: The Best book in recent memory: Complications: A Surgeon’s Political Genius of Abraham Lincoln by Doris Kearns Notes on an Imperfect Science by Atul Gawande Goodwin Favorite book of all time: The Brothers Karamazov by Favorite book of all time: Anthem by (I love Fyodor Dostoevsky the idea of championing the individual over the collective)

Randy Picker, ’85 Jennifer Nou James Parker Hall Distinguished Service Neubauer Family Assistant Professor of Law Professor of Law; Senior Fellow, Over the years, I’ve owned a Kindle alongside iPhones and Computation Institute of the University of iPads with Kindle apps on them. At first, I thought being Chicago and Argonne National Laboratory able to get books immediately and not having to haul I read a mixture of books on paper and as e-books. I thick copies around would convert me. I was wrong; I still am not quite sure what I think yet of e-books, but I buy paper copies. I’m experimenting with audiobooks, but love always having one or more e-books with me, and the Audible subscription I got a while ago has been good the highest virtue must be standing in line at Costco

26 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Reading for Fun A_u1.indd 7 9/15/14 9:01 AM reading an e-book. Dollars saved, books read, a successful although e-books and audio are slowly easing into the Saturday. I have been reading two different e-books: mix. I often read late (sometimes too late) into the night, a Probably Approximately Correct by Leslie Valiant habit I probably picked up from my mother. (recommended on last year’s list by Saul Levmore) and I just finished Colson Whitehead’s wry and self- The Why Axis: Hidden Motives and the Undiscovered deprecating The Noble Hustle: Poker, Beef Jerky, and Economics of Everyday Life by Uri Gneezy and Chicago Death about his adventure at the World Series of Poker economist John List. main event. His style is ironic, satirical, and somewhat On paper, I have a stack of books on the bedside end negative although humorous at the same time. I’ve also table. The obligatory copy of Capital in the Twenty-First read and enjoyed a couple of his novels, The Intuitionist (a Century by Thomas Piketty, half-read and holding. The metaphorical fantasy about the first black female elevator real question is exactly how many other books I will read inspector) and John Henry Days (an improvisational riff on before circling back to Piketty. I think of that as a workish the legendary folk hero). book: not directly relevant to what I do for a living but the Just finished: The Noble Hustle: Poker, Beef Jerky, and kind of thing that I should know more about. Much closer Death by Colson Whitehead to work is Brad Stone’s The Everything Store: Jeff Bezos Best book in recent memory: Malcolm X: A Life of and the Age of Amazon (bought, ironically, at the Seminary Reinvention by Manning Marable Co-Op), nice summer casual nonfiction. Favorite books of all time: Sula by Toni Morrison, A But the book that I have been wrestling with is Lesson Before Dying by Ernest Gaines, Bud, Not Buddy Cinematography: Theory and Practice by Blain Brown. by Christopher Paul Curtis, and The Known World by This is a pretty hard-core filmmaking book: cinematic Edward P. Jones continuity, tungsten Fresnels, f/stops, and much, much more. Probably over my head and more than I need, but Paul Woo I am getting ready to do a video teaching project—can Director of the Office of Career Services you spell MOOC (I guess I just did)—and I need to understand video storytelling much better than I do now. I grew up near a library, so I have always had a tender Reading now: Cinematography: Theory and Practice by spot for hardcover books. Virtually all of my books are Blain Brown hardcover (though I am picky about which authors I will Best book in recent memory: On Writing: A Memoir of buy and read); there is just such a connection to hold the Craft by Stephen King a page and turn it. I read mostly contemporary fiction Favorite books of all time: Foundations of Economic but also enjoy a good nonfiction history book when the Analysis by Paul Samuelson and The Old Man and the Sea subject captures me—maritime and naval military history by Ernest Hemingway in particular. I do enjoy short-story collections immensely; my most admired author in this form is Raymond Carver. I only use digital formats when I’m faced with a long Randolph Stone complex work so I can use the search function to remind Clinical Professor of Law, Criminal and myself of characters, places, and events (for example, Juvenile Justice Project Infinite Jest and Game of Thrones), yet I will still buy the I would describe my reading habits, outside of the hardcover for my library. professional context, as feast and famine. Sometimes, I am Reading now: All the Light We Cannot See by Anthony reading several books concurrently from a variety of genres Doerr including collected essays, history, biography, fiction, and Best book in recent memory: The Golem and the Jinni by occasional poetry. On the mystery/crime noir level, two of Helene Wecker my favorites are Walter Mosley and George Pelecanos. At Favorite books of all time: It is a toss up between Charles other times, I’m only reading and savoring criminal Dickens’ Great Expectations and Márquez’s One Hundred and juvenile justice legal and policy materials. For the Years of Solitude most part, I’m still reading hardcover books and paper,

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 27

Reading for Fun A_u1.indd 8 9/15/14 9:01 AM University of Chicago Law School Graduation 2014

Remarks of Nancy A. Lieberman Michael Wasil due to a drunk driver. I would ask each graduate to do an act of public service this coming year, raduates, Parents, and Loved Ones, Dean Schill, specifically, in Laura’s memory and to be there and help Members of the Law School Faculty, and Michael to recover from the injuries he has sustained. It Honored Guests: was the overwhelming help and love of my family, friends, GBefore I begin this Commencement Address, I want to and colleagues at work that gave me the strength and the reflect on the loss we have all suffered due to the passing of will to surmount my injuries and, therefore, to be here Laura LaPlante and the injuries suffered by your classmate today, and I hope you can do the same for Michael.

28 THE UNIVERSITY OF CHICAGO LAW S C H O O L I F A L L 2 0 1 4

Graduation Remarks 2014 A.indd 3 9/10/14 10:26 PM Being asked to give this Commencement Address is to where I was sitting, handed me the chalk, and said in his the greatest honor ever bestowed upon me, and I am wonderful voice “Miss Lieberman, here, you know so much absolutely thrilled to be here today to share this joyous about this subject, why don’t you teach the rest of the class?” occasion with the Class of 2014, their family and friends, It took me a while to figure out that Socratic teaching was and of course the wonderful faculty of the Law School. perhaps the greatest gift the Law School gave me because it First, I would like to speak directly to our graduates. No forced me to spot the issues and think on my feet—which are one just ends up at the University of Chicago Law School essential elements for success no matter what you do after by accident. It takes an incredible amount of discipline law school. Often, I explain this phenomenon as analogous and hard work to be admitted as students. So, if ever there to a buzzer going off in the back of my head, and this signal were a time for you to luxuriate—today is that day. You causes me to automatically question and critically think about have persevered, endured, and triumphed through three what I am dealing with at the moment. It is as though I years of Socratic teaching and come out on the other end possess a special power which enables me to dissect issues wiser, more competent, and ready to take on the world and solve problems. I’ll bet you thought lawyers like me and make it a better place—and you will do just that! just dropped from the sky, fully formed. Nothing could be As a first-year law student, I had a very difficult time further from the truth. Rather, Chicago formed me and you dealing with the Socratic method of teaching—I could will grow to recognize over the years that it also shaped you! not understand how my terrific professors would speak But for now, as our latest graduates, it is both party English words, yet it was Greek to me. As a matter of fact, time and parting time—which means going into the “real in my very first torts class with Professor Epstein during world” and leaving the cocoon of the Law School. At this the first week of law school, I remember that he asked moment, you must think and feel that this is your day, dozens of students what a tort was and no one seemed your celebration, and your chance to savor the moment to have the right answer. I was mortified when he said to and remember it for the rest of your lives. me, “Miss Lieberman … What is a tort?” I had no idea I believe that few of our graduates would be here today and simply blurted out, “well, it depends … strawberry or receiving their degrees were it not for their family and apple?” While the rest of the class burst out in laughter, friends in the audience who encouraged them to reach

Professor Epstein just stared at me … for what seemed for the sky academically and intellectually—and by that I like ten minutes, but was probably five seconds! mean urging today’s graduates to study hard, stay focused, The bookend to this story also involved Professor Epstein, and remain curious about the world we live in. You have but this time it was near the end of my third year at the Law also provided our graduates with a comforting phone call School in a corporate tax class. By this time, I had absorbed or visit when college or law school seemed just too tough what Chicago had to offer me and was firing on all cylinders to endure, and so family members and friends here today when Professor Epstein grilled me with questions regarding deserve a special acknowledgment because you provided a tax case called Waterman Steamship. He kept asking me the “special ingredients” of compassion and love which questions, and I kept answering them. Finally, he walked up enabled the Class of 2014 to flourish as they have done.

FALL 2 0 1 4 I T H E UNIVERSITY OF CHICAGO LAW SCHOOL 29

Graduation Remarks 2014 A.indd 4 9/10/14 10:26 PM Now, I would like to talk to you about what I call, “the them that I was back on top of things and ready to work. white elephant standing before you” in this magnificent Eventually, a new potential client was introduced to me, Rockefeller Chapel. Of course, I am speaking about and I was hired by the general counsel for a significant the wheelchair that I am sitting in because I am a transaction. That experience buoyed my confidence. I quadriplegic. About 61/2 years ago, on Christmas Eve Da was back on track and have gone on to advise on some 2007, I had a freak skiing accident in Colorado and broke of the most complex transactions of my career. There is my neck. It happened in an instant, but may stay with a message here—no matter where you are in life, you can me the rest of my life. Truly, it is a weird condition to be never rest on your laurels—whether it is a law degree from in because you lose your independence, but you still have the University of Chicago Law School or being a senior your brain power intact. Your mind says one thing, but partner at a major law firm like Skadden Arps—you must virtually the rest of your body does something else. People often tell me that I am courageous, inspirational, brave, heroic, and any other accolade you can imagine. What they are really saying is, “If this happened to me, I could not go on and I am amazed that you are able to do so.” After hearing this several times, I thought to myself that I could either whine or drink wine and I decided that I would rather celebrate life and “drink wine.” When I was in the first stage of my recovery, I was visited from time to time by others who had had accidents that left them paralyzed. They had retired from their jobs and they rarely traveled away from their homes. Such visitors depressed and scared me to death but ultimately compelled me to do the reverse always be persistent and persevere and be prepared at any of what they were doing. There was no choice for me—I time to reinvent yourself, because you never know what was going back to work, I was going to resume travel, and I obstacles you may have to confront. was going to get back my life, no matter what effort it took. Nothing must ever be taken for granted and you must never At first blush, it was not so easy. I was told in the have any expectations that anything will be just handed over hospital that I would get back whatever feeling that was to you in the “real world.” But, you are eminently prepared possible within the first six months of my accident. After because you are a Chicago graduate—with a special skill that, I would have to live with what I had and should not set—and by now you know what I mean by that. expect more recovery. While re-establishing my law practice, I became aware that Statistically, the numbers were not on my side. After five New York State was reneging on its statutory obligation years, only about 20 percent of paralyzed adults go back to to allocate $8.5 million per year toward spinal cord injury work. My goal was to go back to my merger and acquisitions research. Remarkable progress had been made toward practice at Skadden Arps full-time in one year after my finding a cure, and the funding cutoff by New York State accident. On January 19, 2009, I resumed my practice and was like ending a marathon at the 24-mile mark. was warmly welcomed back to Skadden. But, being out of But, I realized that I could help make a difference given my the swirl of legal practice for one year had taken its toll on my Chicago education, perseverance, life experiences, and my belief practice. Several potential clients went elsewhere because I that I had nothing to lose and much to gain. Combining that was not around to work on their matters. The economy was attitude along with a belief that the law was unequivocally on in shambles and clients were pulling in their horns and were my side, I set out to right the wrongs being perpetuated. working to keep above water in the “Great Recession.” Along with some of my colleagues at Skadden, I learned So, what should I do and how should I do it? Re-creating precisely how the law was supposed to work, as opposed to my law practice was the only option. In essence, I had to the specious rationale used to justify the cutoff in funding. persevere and go back to basics. We had drafted a complaint and were prepared to bring a I started calling my old clients every few weeks with pro bono lawsuit, if necessary. any tidbits of information that might be relevant to their As the only lawyer in an advocacy group founded with businesses. Without saying so, the point was made to three others, I was charged with presenting our case

30 THE UNIVERSITY OF CHICAGO LAW S C H O O L I F A L L 2 0 1 4

Graduation Remarks 2014 A.indd 5 9/11/14 1:23 AM before numerous state legislators and their staff in Albany. nearly four decades ago, beginning with that very first torts Thinking on my feet—metaphorically, that is—I answered class I “experienced” with Professor Epstein. hardball questions. Turning the tables, I also asked our This past April we succeeded in getting restoration of $7.9 government officials a series of questions designed to elicit million of funding—something unimaginable just a few answers from them to prove the point that dedicated months earlier. Without question, this was more satisfying to funding was being diverted for improper uses. me than the most complex merger transaction. Remember— Sometimes I raised my voice, sometimes I lowered my as Chicago graduates we get things done! I believe with all my booming voice, but never did I stop making my voice heard! heart that you will, in your own way, “get things done” and This should sound familiar to our graduates and faculty, leave the world a much better place than you found it. My because all I really did was employ the lessons I learned here most sincere congratulations to the Class of 2014!

FALL 2 0 1 4 I T H E UNIVERSITY OF CHICAGO LAW SCHOOL 31

Graduation Remarks 2014 A.indd 6 9/11/14 1:23 AM Remarks of Professor should lawyers deal with complexity? This question is an important one because the complexity of technology and Eric Posner social organization seems to be advancing at an ever-greater rate. Yet if a topic is too complex for a judge to understand, t’s an honor to be asked to give this commencement then how is a lawyer to make arguments to a court? address. I thought I would start with a quotation from To answer this question, I want to make a distinction the former University of Chicago Law professor Antonin between two types of legal questions. I will call the first IScalia. This is from a case that the Supreme Court decided type “hard” questions, and I will call the second type last year called Association for Molecular Pathology v. Myriad: “superhard” questions. (I will ignore the easy questions.) I join the judgment of the Court, and all of its I asked my colleague Professor Will Baude to give me a hard opinion except Part I-A and some portions of the rest legal question. Will teaches Federal Jurisdiction, which is a of the opinion going into fine details of molecular famously hard course. I thought that I could impress you by biology. I am unable to affirm those details on my giving you a hard question from a hard course, and here it is: own knowledge or even my own belief. “Is a federal court required to abstain from hearing a This very brief concurrence—I quoted nearly the whole challenge to a state prosecution if the court has already thing—raised some eyebrows. If Scalia did not understand issued a temporary restraining order, but not yet the facts of the case, how could he come to any conclusion considered a request for a preliminary injunction, when a at all? state prosecutor subsequently files a criminal case against Justice Scalia’s comment got me thinking about the role the federal plaintiff?” of complexity in law. And I’m particularly concerned with I didn’t ask Will why this is a hard question, but I a narrower question of interest to you, which is, How suspect the answer is that the sources that one would

32 THE UNIVERSITY OF CHICAGO LAW S C H O O L I F A L L 2 0 1 4

Graduation Remarks 2014 A.indd 7 9/10/14 10:27 PM need to answer this question—the Constitution, statutes, But that’s also the problem. While you will be able to precedents—are ambiguous, sparse, or in conflict, or all answer this question, so will all the other lawyers at the law three; or that those sources imply an answer that courts firm, or government office, or wherever else you end up would find impractical, unfair, or strange. practicing. As a lawyer, you won’t be able to distinguish Yet I can say with full confidence that if any of you yourself by being good at legal research and analysis. You graduating students are given this question when you must be able to do something more. arrive at work later this year, you will have no problem Now let me return to the Myriad case. Myriad was answering it. And this is true even if you haven’t taken a biotech company that had discovered the location Will’s Federal Jurisdiction course or you did but slept and sequence of two human genes, mutation of which through his lectures. increases the risk of breast cancer. One of the major issues And the reason for my confidence is that by now you know in this case was whether something called complementary the drill. You do some searches on Westlaw or Lexis for DNA, or cDNA, was patentable. The Supreme Court keywords and you find some cases. You read those cases and held that because Myriad constructed the cDNA, and eventually you find the major sources of law. Maybe you check the cDNA is not identical to DNA or any other naturally Moore’s Federal Practice and Procedure. As you sift through occurring substance, it is patentable. The problem with cases or commentaries, you will use your already well-honed this argument is that cDNA contains exactly the same legal skills to separate the wheat from the chaff. Eventually, information as the corresponding segment of DNA, just you will be able to put together a creditable answer. with some noninformative junk removed. You should feel proud of yourself that you can do this. It’s a bit like the difference between tap water and purified You really did learn something at this law school. A person water; you can’t patent purified water. This doesn’t mean that without high-quality legal training would not be able to the Court’s holding is wrong, just that the Court did not give answer this question. Take a moment to pat yourselves on the adequate reasons. Scientists I have spoken to tell me that the back. Or pat the back of the person sitting next to you if you Court just didn’t understand the science. And this was despite want, though you should probably ask for permission first. the fact that very fine lawyers argued the case, and the Court

FALL 2 0 1 4 I T H E UNIVERSITY OF CHICAGO LAW SCHOOL 3333

Graduation Remarks 2014 A_u1.indd 8 9/15/14 9:13 AM was assisted by amicus briefs submitted by scholars. I suspect One of the causes of the financial crisis was the that Scalia, in his characteristically mischievous way, was development of newfangled financial instruments with tweaking the majority by suggesting that they, too, did not exotic names like collateralized debt obligations or CDOs, understand all that impressive-sounding scientific jargon with credit default swaps, and so on. CDOs were constructed which they larded the opinion. from mortgages, which had been securitized by investment So technology advances, and one point I would like to banks and government agencies, and from other asset- make is that the impact of technological advancement differs backed securities like car loans. CDOs were so complex across professions. Technology has given doctors new tools that not even the rating agencies could figure out how for diagnosis and treatment that they lacked in the past, while risky they were. And when asset prices began to fall, the human body that they minister to has stayed the same. By neither could the market. When the government launched contrast, aside from computer-assisted legal research—which its rescue, it too was hampered by the complexity of the has not changed in 30 years—technology has provided no instruments, which obscured the financial relationships new tools for lawyers. Meanwhile, the body that lawyers between firms on the brink of insolvency. minister to consists of the whole range of commercial and The financial crisis spewed forth hundreds of lawsuits personal relations and activities that make up our society. where all these issues need to be addressed. Just one of Because of technology, that body, the social and political many recent examples is a lawsuit by the SEC against body, unlike the human body, is constantly changing. Goldman Sachs and one of its traders, Fabrice Tourre, Let me give you one more example. Although many of now improbably a graduate student in our economics you will never have a case involving genetics, virtually all department. Tourre had put together a complex of you will have a case involving finance. transaction known as a synthetic CDO that enabled a

34 THE UNIVERSITY OF CHICAGO LAW S C H O O L I F A L L 2 0 1 4

Graduation Remarks 2014 A.indd 9 9/10/14 10:27 PM FALL 2 0 1 4 I T H E UNIVERSITY OF CHICAGO LAW SCHOOL 35

Graduation Remarks 2014 A.indd 10 9/10/14 10:27 PM client to bet that housing prices would decline. The jury defaulted was harmed or not, will you know that in order to ruled against Goldman and Tourre, and I strongly suspect answer this question, you will need to examine the buyer’s that the reason was not that they had violated the law but portfolio in order to discover his hedging strategy? Will you that the jury did not understand the transaction which, be able to determine whether he was in fact hedged? while complex, was routine and almost certainly lawful. I suspect that when you get questions like this, you’re I can’t explain to you now why I believe this, because the first impulse will not be to go to the law books, but to go explanation would be too complicated. to Wikipedia. And that’s the right impulse. But Wikipedia *** will not suffice. The problem is that you can’t answer the Now here is my question for you. If you go to work genetics question unless you have a feel for genetics, and next year, and your boss doesn’t give you the hard federal you can’t answer the finance question unless you have a jurisdiction question, but instead gives you a superhard feel for finance. To answer the superhard questions, you question, will you be able to answer it? need a technical background that most of you don’t have. If he asks you whether a substance similar to cDNA You can’t learn these things on the fly. You can’t fake it. but not the same as it is patentable, will you be able to And yet clients expect lawyers to be able to answer answer it? If he asks you whether the buyer of a CDO that superhard questions and to explain those answers to judges

36 THE UNIVERSITY OF CHICAGO LAW S C H O O L I F A L L 2 0 1 4

Graduation Remarks 2014 A.indd 11 9/10/14 10:27 PM FALL 2 0 1 4 I T H E UNIVERSITY OF CHICAGO LAW SCHOOL 37

Graduation Remarks 2014 A.indd 12 9/10/14 10:27 PM like Scalia who also don’t have any technical background obtain a PhD in biochemistry, finance, or computer and aren’t inclined to acquire one. science. And actually I don’t think that would be a good I wish I could tell you that there was an easy way to solve this idea even if it were practicable. problem. The Law School has supplied you with a flashlight There is another way of thinking about this. Most of and compass, so when you are dropped into a doctrinal you excelled in college and chose law school not just thicket, you can find your way out. But some thickets are so because you sought a secure job or professional distinction dense that what you need to get out is not a flashlight but a or money. You came because you relished intellectual chainsaw. Where are you going to get a chainsaw? challenges and excitement. Lawyers try to rely on experts, but the problem with My one message is that the end of law school does not experts is that they make mistakes like everyone else and spell the end of the intellectual challenges that you will lawyers must be able to catch them. Lawyers also usually face. Once you find yourself a niche in the profession, must decide whether to accept cases, and what litigation and even as you are working 10 or 12 hour days, you will strategy to pursue, before they hire experts. discover that your education did not end in law school. Nor is it realistic, or consistent with the spirit of this And it will be up to you, on your own, to complete it. happy occasion, to advise you to go back to school and Thank you.

38 THE UNIVERSITY OF CHICAGO LAW S C H O O L I F A L L 2 0 1 4

Graduation Remarks 2014 A.indd 13 9/10/14 10:28 PM FALL 2 0 1 4 I T H E UNIVERSITY OF CHICAGO LAW SCHOOL 39

Graduation Remarks 2014 A.indd 14 9/10/14 10:28 PM FacultyNews

The Paperwork Paradigm In his new book, More than You Wanted to Know: The Failure of Mandated Disclosure, Ben-Shahar and coauthor By Robin I. Mordfin Carl E. Schneider of the University of Michigan Law These days, shopping comes with a lot of paperwork. For School argue that mandated disclosure is a panacea the decades we have expected to receive piles of documents government is using to solve every consumer problem. Each when purchasing a house or even a car, but today even year, more and more regulations are passed that require small buys such as phones and computers are accompanied businesses—including healthcare providers, mortgage by reams of paper filled with tiny print. Verizon iPhone brokers, phone companies, and automobile dealerships— users receive a 5,000- to provide consumers word agreement with with more and more their new gadgets, information in the hope along with another that this will allow them 2,000-word license to make good decisions on agreement from Apple. their own. But mandated These long-winded disclosure does not work, disclosures are supposed and because it is too often to give shoppers all the applied by lawmakers as information they need the only potential response, to make an informed no better protections decision about whether for consumers are being or not to go through developed. with their purchase and “Sometimes a hard about whether their Professor Omri Ben-Shahar solution is the right rights or needs will be solution. For example, doctors and other health impinged on. professionals understand nowadays that there are no simple But, in reality, how many customers actually take a look solutions to cure illnesses. You can’t just use bloodletting at these documents? And of that handful of eager legalese to cure everything. Once they understand that, they also readers, how many actually understand all the language, understand that they have to go down a bumpy, difficult clauses and additions? According to Omri Ben-Shahar, road to find a solution and that different problems require Leo and Eileen Herzl Professor of Law, the number is very, different solutions,” Ben-Shahar noted. “But in consumer very low and nearly irrelevant. And such paperwork is not protection right now, mandated disclosure is too often the providing any safeties or assurances for buyers. one-size-fits-all solution. And it’s not working.” “Most people, even if they were willing to take the time and First, he noted, if the government is going to step in, read all of these pages, wouldn’t understand what they were it should only enter the fray when there is truly a threat reading, as it requires much specialized knowledge that no to consumers, such as when credit card companies were one person can possess,” Ben-Shahar explained. “In banking charging fees and interest rates that unfairly affected low- and healthcare and other crucial areas, people need to make and middle-income cardholders. Consequently, Congress important decisions about extremely complex things, but we passed the Credit card Accountability Responsibility and now know that the information given to them to is doing Disclosure (CARD) Act of 2009, which consisted of two very little to inform and affect their choices. If the goal was parts. The first portion was business as usual, as it merely to give people information so that their decisions would be mandated new improved disclosure, requiring the credit made well, this goal is not being met.” card companies to put a new information box into each

40 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Faculty Book Omri A_u1.indd 40 9/15/14 9:35 AM bill. The new box explains how paying a certain amount each month will pay off the balance in its entirety in three years and also shows how long it will take, and how much it will cost, to pay of the same balance if only the minimum is paid. This portion of the act was intended to nudge borrowers to pay off more of their loans more quickly. The second portion of the bill enacted a reform with more bite: it established hard-line prohibitions against different kinds of interest-rate increases and against exorbitant

“Most people, even if they were willing to take the time and read all of these pages, wouldn’t understand what they were reading, as it requires much specialized knowledge that no one person can possess.”

finance charges and late fees. The CARD Act capped the fees and controlled costs and prices. “This is something we don’t do very often in America, because we are not usually interested in regulating prices,” Ben-Shahar said. “But research by economists and by the Consumer Financial Protection Bureau shows that it worked. It has been four, five years since the act was passed, and published estimates show that there has been an enormous annual decrease, of roughly $20 billion in fees, that are paid by low- and middle-income borrowers. This is a huge redistribution away from creditors that were making profits that are relatively high, toward poor people.” And what about the disclosure element of the CARD act? Like other disclosures, it has had a miniscule effect. It is now estimated that it prompted borrowers to pay early only in a small number cases, aggregately saving them about $70 million per year, “probably less than the cost of printing all these disclosures and mailing them to people,” said Ben-Shahar. “This is an example of what the government can do Ben-Shahar with the iTunes terms and conditions agreement taped other than disclosure. I don’t think that in all markets the end-to-end--all 32 pages of it.

F A L L 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 41

Faculty Book Omri A_u1.indd 41 9/15/14 9:35 AM FacultyNews

government should regulate prices, but when they identify a you don’t even need a receipt, you just need a tag, and true market failure, regulation with clear boundaries makes they take it back. We even have some stores in this country a difference. Of course, as with any regulation, there should that will take back items indefinitely because they believe be cost-benefit analysis, and—as my colleague Jennifer Nou that such a policy demonstrates the high quality of their has recently suggested—data should be collected four or merchandise. This is what competition gives you.” five years after the interventions and should be analyzed Consumer ratings are another way in which buyers to make sure the right path has been followed. But it is can protect themselves against bad purchases without important to remember that it is okay for the government government intervention, Ben-Shahar pointed out. Readers to enact real prohibitions,” Ben-Shahar advised. on Amazon.com, for example, can look at the five-point

“This is an example of what the government can do other than disclosure. I don’t think that in all markets the government should regulate prices, but when they identify a true market failure, regulation with clear boundaries makes a difference.”

But when there is no overwhelming threat, Ben-Shahar rating that previous purchasers have left as evaluations to thinks we should remove mandated disclosure because it determine if buying is the right decision. doesn’t work and not replace it with anything at all because “Unlike mandated disclosure, ratings give people competition can take care of many problems and generate information that they want and can use. People really want methods of informing consumers that are more effective. to know how the entire purchase will make them feel. Will An example he cites for unnecessary consumer protection they be satisfied, will they regret it, and will they prefer are the now very popular laws that were recently passed in something else? The endless terms in an agreement do not the European Union and in China that create a mandatory outweigh their interests in owning a new phone. So what right to withdraw. These acts ensure that any agreements better way to predict our satisfaction than to look at the that customers enter into that do not take place in physical aggregate feedback of past consumers,” he explained. stores but instead are made online, by phone or by mail, Clearly, there is no one-size-fits-all solution to consumer can be negated by the purchaser within two weeks. The protection, and not every situation requires an intervention. world press has uniformly hailed these acts as key to But when firms engage in practices that are harmful to consumer well-being. But here in the U.S., Ben-Shahar consumers or dangerous to customers, then steps must be pointed out, we do not have a general right to withdraw. taken by the government. But like human diseases, every “Now the question is, do we need a mandatory right to challenge requires its own solution, and such solutions do withdraw? My answer is no,” Ben-Shahar said. “People here not come easily. shop at Target or at Walmart and without any intervention “Whatever you do, it has to be something other than of law, they are offered a right of return, not for two weeks, disclosing to consumers and leaving them to decide on their but for 90 days! Why? Because consumers demand it and own,” Ben-Shahar said. “With the information lawmakers it’s good business for retailers to offer it. And unlike the are giving them they cannot do it on their own, and it is European law, you need less documentation. In some cases, causing more harm than good.”

42 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Faculty Book Omri A_u1.indd 42 9/15/14 9:35 AM the economic consequences of his clients’ options. NEW FACULTY PROFILES Chilton describes his research interests as the intersection of empirical legal studies and international law. He studies Bigelow Fellow Adam Chilton issues such as the ways that political considerations affect the United States’ international trade and investment Joins Faculty policy, when countries comply with the laws of war, the comparative competency of the executive and judicial International law scholar Adam Chilton is the latest branches in foreign relations law, and how experimental Bigelow Fellow to join the Law School faculty. Chilton, methods can be used to study whether domestic politics who already has published several papers, was described by influence compliance with international law. colleagues as full of potential, and he called being on the Chilton’s work has appeared in the Chicago Journal of faculty of the Law School his “dream job.” International Law, the Columbia Journal of Transnational “I feel incredibly lucky. Being a law professor is amazing, Law, the University of Pennsylvania Journal of International because you get to ask the most Law, the Columbia Journal of Tax Law, and the important questions for a living, Intercultural Human Rights Law Review. and being at Chicago is ideal for He is the author of three soon-to-be-published articles: me because I’ve long believed “The Laws of War and Public Opinion: An Experimental that finding an answer to those Study” (Journal of Institutional and Theoretical Economics), important questions requires “Foreign Sovereign Immunity and Comparative Institutional an interdisciplinary approach,” Competence” (University of Pennsylvania Law Review), and Chilton said. “I don’t know of “Supplying Compliance: Why and When the U.S. Complies any other institution that is as with WTO Rulings” (Yale Journal of International Law). committed to critically thinking Over the summer, he published an article on Slate with Adam Chilton through important legal and social Professor Eric Posner and Kevin Jiang, a research assistant problems or that is more receptive to the idea that we at the Law School’s Coase-Sandor Institute for Law and should use the best methods we can find to do so.” Economics. The piece was a data analysis of the vocabulary Professor Jonathan Masur, part of the appointments of Supreme Court justices versus rappers and Shakespeare. committee that hired Chilton, said he fills an important role “Who Uses a Bigger Vocabulary, Jay Z or Scalia?” revealed at the Law School. “We have been hoping to hire a scholar that Justice Antonin Scalia uses a larger vocabulary than and teacher of international trade law for a few years. In both Shakespeare and Jay Z, although all three of them beat Adam, we believe we’ve found the person we’re looking five other current justices. for. We are excited to have him as a colleague, and we’re Chilton is the recipient of several awards, research confident that students interested in international law will grants, and fellowships. While at , benefit tremendously from having him in the classroom.” he earned the Addison Brown Prize for best paper in Professors Daniel Abebe and Anthony Casey, former private international law, the Certificate for Distinction in Bigelows themselves, oversaw the fellowship program for Teaching (for his service as a teaching fellow), the Harvard new academics for the last two years. They said Chilton has Law School Summer Academic Fellowship three years “an excellent combination of strong empirical skills and a in a row, and the Laylin Prize for best paper in public deep interest in international law, immigration law, and international law, among other honors. international trade. His teaching and research interests will While studying at Harvard, he was the Graduate Student make him a great asset to our students.” Associate in the Weatherhead Center for International Chilton has three degrees from Harvard University: a JD Affairs and the Graduate Student Affiliate in the Institute (2013), a PhD in Political Science (2013), and an AM in for Quantitative Social Science. Political Science (2012). In 2007, he earned both a BA and “Adam Chilton is an incredibly impressive young scholar an MA in Political Science from . From 2007 and teacher,” Dean Michael Schill said. “Like many of our to 2009, he worked as an associate in the Washington office former Bigelow Fellows, he impressed us tremendously and of the Consulting Group. In that role, he worked for already has an enviable record of publications. I am thrilled large corporations trying to make strategic business decisions. he has permanently joined our faculty.” Much of his time was spent working to financially model

F A L L 2 0 1 4 I T H E UNIVERSITY OF CHICAGO LAW SCHOOL 43

New Faculty Profiles Fall 2014 A.indd 43 9/10/14 10:51 PM FacultyNews

Law School Gains Renowned and a Fellow of the CESifo Research Network (based in Munich). Prior to Illinois, Dharmapala taught at the Ta x Scholar University of Connecticut in the department of economics. He was a postdoctoral fellow at Harvard University and a Dhammika Dharmapala, an expert in tax policy and John M. Olin Visiting Fellow in Law and Economics at law and economics, joined the faculty of the University Georgetown University Law Center. Professor Dharmapala of Chicago Law School this fall. Dharmapala was most earned his master’s degree in economics from the recently on the faculty at the University of Illinois University of Western Australia and his PhD in economics College of Law, where he has from the University of California, Berkeley. His PhD thesis been since 2009. He visited was awarded the National Tax Association’s Outstanding at the Law School in the Doctoral Dissertation Award. Winter and Spring of 2014. “We are very fortunate and very excited to hire such “Dhammika adds a huge a brilliant tax scholar as Dhammika Dharmapala,” said dimension to our faculty,” said Professor Richard McAdams, Bernard D. Meltzer Professor Michael Schill, Dean and Harry of Law, who cochaired the Appointments Committee N. Wyatt Professor of Law. that hired Dharmapala. “He is an excellent economist “His scholarship on taxation, specializing in tax and corporate finance, with an extremely corporate law, and public finance impressive record publishing in the best peer-reviewed is exceptional and is regularly journals. He was very well received by the students in his Dhammika Dharmapala published in the nation’s classes last year.” leading economics and finance journals. He will contribute In the upcoming school year, Dharmapala is excited to be mightily to our intellectual activities and to our law and teaching courses in Introductory Income Taxation and economics and Doctoroff Business Leadership programs.” Corporate Finance. “During my visit, I found the students Professor Dharmapala is a leading authority in tax in my classes to be remarkably motivated and engaged, with policy, public economics, and law and economics. His a deep interest in the world of ideas,” he said. Dharmapala most recent work has sought to use quasi-experimental says that his Corporate Finance course teaches concepts that empirical methods to analyze the consequences of tax are essential to understanding modern corporate transactions law and securities law. “Chicago will be an ideal place to and to enabling lawyers to structure transactions in ways pursue this agenda because of the breadth and depth of that achieve particular business objectives. He will also offer faculty expertise in empirical methods as well as in these a seminar on Corporate Governance in Emerging Markets. substantive fields,” said Dharmapala. “During my visit here This seminar provides an overview of recent developments last year, I found that the Law School provides a rigorous and scholarship relating to corporate governance in the yet supportive environment for developing and refining context of developing and transitional economies, which he scholarship.” He joins a group of tax scholars that includes said is “an increasingly important area of both scholarship Julie Roin and David Weisbach, which Dean Schill says and practice.” “constitutes the most formidable tax faculty in the nation.” Fellow tax expert David Weisbach, Walter J. Blum “I am delighted to be joining the faculty,” said Professor of Law, is delighted to gain Dharmapala as a Dharmapala. “My scholarship is focused on the areas of colleague. “Dhammika is a superstar, and we are incredibly taxation and the economic analysis of law. In both of lucky to have him join our faculty,” said Weisbach. “He these areas, the University of Chicago Law School has is not only one of the top tax scholars in the country; his been the home of scholars who made fundamental early work on the intersection of taxation and corporate finance contributions that continue to shape the way we approach also makes him one of the best corporate law scholars, and the fields today—for instance, Ronald Coase in the his work in law and economics puts him at the top of that economic analysis of law and Henry Simons in taxation.” field as well. Having a scholar of his caliber at Chicago will Dharmapala is currently an International Research Fellow make an immediate impact.” of the Oxford University Centre for Business Taxation

44 THE UNIVERSITY OF CHICAGO LAW S C H O O L I F A L L 2 0 1 4

New Faculty Profiles Fall 2014 A.indd 44 9/15/14 9:43 AM Law School Nabs Rising Star of examining the question of when judges should and should not identify the race of individuals in a case while writing opinions. Constitutional Law He also is the author of an article recently published in the University of Chicago Law Review, “Constitutional Outliers,” Constitutional law and theory scholar Justin Driver has which analyzes the Supreme Court’s invalidation of statutes joined the Law School faculty, a hiring coup that was found in a very small number of jurisdictions, something celebrated across the faculty. constitutional scholars frequently call “outliers.” Driver, who also studies and writes on the intersection of race In two separate works this year in the Yale Law Journal and legal institutions, joined the faculty in July as Professor of and the Law Review, Driver examined the Civil Rights Law and Herbert and Marjorie Fried Research Scholar. He Revolution of the 1950s and 1960s from the perspective of came from the University of Texas those typically understood to be the “losers” of that movement. School of Law, where he taught Historical writing is clearly a strength of Driver’s; he was since 2009. In autumn of 2012, he awarded the Cromwell Article Prize from the American impressed as a visiting professor here Society for Legal History for “The Constitutional at the Law School; he also has served Conservatism of the Warren Court,” which appeared in the as a visiting professor at Stanford Law California Law Review in 2012. School, Harvard Law School, and the Driver also writes for the popular press, most commonly University of Virginia Law School. the New Republic, where he is a contributing editor. He also “Justin made a huge impression has been published on Slate and in the Washington Post. on our faculty and students during He earned his JD in 2004 from Harvard Law School, Justin Driver his visit a couple years ago,” Dean where he held various leadership positions on the Harvard Michael Schill said. “Since the moment he left Chicago to Law Review. Before law school, he earned a Master of return to Texas, my mission has been to get him to return. Studies in Modern History as a Marshall Scholar at Oxford I am delighted that we have been able to add a scholar and University’s Magdalen College. He holds a Master of Arts teacher of his caliber to our great faculty.” in Teaching from Duke University and a Bachelor of Arts Professor Jonathan Masur agreed. He served with in Public Policy from Brown University. Professors Lee Fennell and Richard McAdams on the Driver clerked for Supreme Court Justices Sandra Day appointments committee that helped to recruit Driver. O’Connor and Stephen Breyer, as well as Judge Merrick B. “He is already highly regarded, and yet his best work is Garland of the US Court of Appeals for the DC Circuit. almost surely in front of him,” Masur said. “Justin is also a He spent two years as an associate at Sidley Austin in fabulous and beloved teacher who will be a great mentor to Washington, DC. students. Hiring him makes the Law School stronger along In February, Driver visited the Law School to present at every conceivable dimension.” the Crime in Law and Literature conference. His paper Fennell added that Driver has a “remarkable eye for explored Justice Clarence Thomas’s relationship to Bigger interesting topics” and McAdams called him an “exciting Thomas, the protagonist of Richard Wright’s Native Son. young voice in American constitutional law and the Driver said he’s “simply thrilled” to be at the Law School legal history of race.” Professor Martha Nussbaum, who full-time. This year, he’s going to teach Constitutional Law invited Driver to present at her annual Law and Literature I and III and a seminar called “Law and Race.” Conference, said he will be a “lovely presence in our “I had extremely high expectations when I visited Chicago interdisciplinary efforts.” in autumn of 2012. Along every relevant dimension, the Driver describes his work as taking “a historically inflected institution not only met, but somehow managed to surpass, approach to examining constitutional law.” Much of his those expectations. The law students are unusually engaged, scholarship scrutinizes the Supreme Court’s ability to issue incisive, and rigorous in their thinking,” he said. “And the decisions that clash with majoritarian views. His important faculty’s strong culture of interaction and collaboration, scholarship includes “The Consensus Constitution,” which along with its genuine connections to the wider University, critiqued the notion that the Court almost always interprets enable the law school to occupy an exalted position within the Constitution in a way that reflects the views of the legal academia.” American people (Texas Law Review, 2011). In 2012, he published “Recognizing Race” in the Columbia Law Review,

F A L L 2 0 1 4 I T H E UNIVERSITY OF CHICAGO LAW SCHOOL 45

New Faculty Profiles Fall 2014 A.indd 45 9/10/14 10:51 PM FacultyNews

FACULTY SCHOLARSHIP 2013-2014

“Oliver Wendell Holmes,” in “The Origins and Import of “Cutting-Edge Issues in Chapter 11 The Bloomsbury Encyclopedia of Republican Constitutionalism,” 34 Reorganizations,” in 39th Annual Utilitarianism 242 (Bloomsbury Cardozo Law Review 917 (2013). Seminar on Bankruptcy Law and Academic, 2013). Rules (Southeastern Bankruptcy Law “Pluralism and Empire, from Rome Institute, 2013) (with Sally S. Neely). “Regarding Re’s Revisionism: to Robert Cover,” 1 Critical Analysis Notes on ‘The Due Process of Law: An International and “One-And-A-Half Badges of Fraud,” Exclusionary Rule’,” 127 Harvard Interdisciplinary Law Review 1 (2014) in ALI-CLE Course Materials for Law Review Forum 302 (2014). “Commercial Lending Today” “Pluralisme juridique et DANIEL ABEBE (American Law Institute, 2014). Professor of Law and Walter “Terrible Tools for Prosecutors: l’intégration de l’empire,” in Notes on Senator Leahy’s Proposal Integration in Rome and in the Mander Teaching Scholar to ‘Fix’ Skilling v. United States,” Roman World (Brill, 2013). Three Essays on the Significance Public Law & Legal Theory Working “Postscript: Cities, Citizenship and of International Relations Theory Paper, No. 463 (2014). for Domestic Institutional Design the Work of Empire,” in The City (University of Chicago, Division of in the Classical and Post-Classical the Social Sciences, Department of World: Changing Contexts of Power Political Science, 2013). and Identity, Claudia Rapp and H.A. Drake, eds. (Cambridge University “, Ethiopia, and the Nile: Press, 2014). The Economics of International WILLIAM BAUDE Water Law,” 15 Chicago Journal of “Religion and Violence in Late Neubauer Family Assistant International Law 27 (2014). Roman North Africa,” 6 Journal of Professor of Law Late Antiquity 197 (2014). “One Voice or Many?: The Political “Interstate Recognition of Same-Sex Question Doctrine and Acoustic CLIFFORD ANDO “Subjects, Gods and Empire, or Marriage After Windsor,” 8 NYU Dissonance in Foreign Affairs,” 2012 David B. and Clara E. Stern Monarchism as a Theological Problem,” Journal of Law & Liberty 150 (2013). Supreme Court Review 233 (2013). Professor; Professor of Classics, in The Individual in the Religions of “Jurisdiction and Constitutional History and the Law School and the Ancient Mediterranean (Oxford “Rethinking the Costs of Crisis,” 65 Florida Law Review Co-Director of the Center for the University Press, 2013). Forum 1 (2013). International Delegations,” 34 Study of Ancient Religions University of Pennsylvania Journal “The Problem with Retroactivity of International Law 491 (2013). “Cities, Gods, Empire,” in Cities & Rules,” The New York Times Room Gods: Religious Space in Transition for Debate, September 19, 2013. (Peeters, 2013). “Rethinking the Federal Eminent “Citizenship and Empire in Domain Power,” 122 Yale Law Europe, 200-1900: The Antonine Journal 1738 (2013). Constitution after 1800 Years,” 43 Bollettino di studi latini 270 (2013) The Volokh Conspiracy, http:// www.washingtonpost.com/ (with Anne McGinness). DOUGLAS G. BAIRD news/volokh-conspiracy/ (regular “In Memoriam: Sabine Harry A. Bigelow Distinguished contributor). MacCormack,” Perspectives on Service Professor of Law ALBERT ALSCHULER “Zombie Federalism,” Public Law History, September 2013 (with Commercial and Debtor-Creditor Julius Kreeger Professor Emeritus & Legal Theory Working Paper, No. Peggy Liss). Law: Selected Statutes (2013 ed.) of Law and Criminology 475 (2014). (Foundation Press, 2013) (with “Lafler and Frye: Two Small Band- Theodore Eisenberg & Thomas H. Aids for a Festering Wound,” 51 Jackson). Duquesne Law Review 673 (2013).

46 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Fac Scholrship Publication 2014 A1.indd 46 9/11/14 1:35 AM “Foreword/Calcutta: In Memories and Photographs,” in Redeeming Calcutta: A Portrait of India’s Imperial Capital, Steve Raymer, ed. (Oxford University Press, 2013). “Friendships in the Shadow of Empire: Rabindranath Tagore’s Reception in Chicago, c. 1913– OMRI BEN-SHAHAR LISA BERNSTEIN ANTHONY CASEY 1932,” 48:5 Modern Asian Studies Leo and Eileen Herzel Professor Wilson-Dickinson Professor of Law Assistant Professor of Law 1161 (2014). of Law and Kearney Director of Customary Law and Economics “Auction Design for Claims “Gandhi’s Gita and Politics as the Coase-Sandor Institute for (Edward Elgar, 2014) (edited with Trading,” 22 American Bankruptcy Such,” in Political Thought in Law and Economics Francesco Parisi). Institute Law Review 133 (2014). Action: The Bhagavat Gita and More Than You Wanted to Know: “Customary Law: An Introduction,” “Copyright in Teams,” 80 University Modern India, Shruti Kapila & The Failure of Mandated Disclosure in Customary Law and Economics, of Chicago Law Review 1683 (2013) Faisal Devji, eds. (Cambridge ( Press, 2014) Lisa Bernstein and Francesco (with Andres Sawicki). University Press, 2013) (with (with Carl E. Schneider). Parisi, eds. (Edward Elgar, 2014) Rochona Majumdar). “The Fannie and Freddie Bailouts (with Francesco Parisi). “Contract versus Property through the Corporate Lens,” “The Lost Causes of E. P. Damages,” 12 Academia Sinica “Merchant Law in a Modern Coase-Sandor Working Paper Thompson,” 72 Labour/Le Travail: Law Journal 1 (2013). Economy,” Coase-Sandor Institute Series in Law and Economics, No. Journal of Canadian Labour Studies “Exit from Contract,” 6(1) Journal for Law and Economics Working 684 (2014) (with Adam Badawi). 207 (2013). of Legal Analysis (2014) (with Oren Paper, No. 639 (2013). Bar-Gill). “Trade Usage in the Courts: The “The Futility of Cost Benefit Flawed Conceptual and Evidentiary Analysis in Financial Disclosure Basis of Article 2’s Incorporation Regulation,” Coase-Sandor Strategy,” Coase-Sandor Institute Institute for Law and Economics for Law and Economics Working Working Paper, No. 680 (2014). Paper, No. 669 (2014); Public Law and Legal Theory Working Paper, “Love Your Frequent-Flier Miles? No. 452 (2014). Let It Go,” Bloomberg View, June DIPESH CHAKRABARTY ADAM S. CHILTON 12, 2014 (with Oren Bar-Gill). Lawrence A. Kimpton Distinguished Assistant Professor of Law “Regulation through Boilerplate: Service Professor, History, “The Influence of International An Apologia”, 112 Michigan Law South Asian Languages and Human Rights Agreements on Review 883 (2014). Civilizations, and the Law School Public Opinion: An Experimental Study,” 15 Chicago Journal of “Tribute to Thomas J. Miles,” 43 “Die Gewalt und die Zivilisation: International Law 110 (2014). Journal of Legal Studies 207 (2014). Dipesh Chakrabarty im Gespraech,” Geo, November 2013, at p.55. “The Laws of War and Public “The Uneasy Case for Equal Access Opinion: An Experimental Study,” Law,” Coase-Sandor Institute for “Europa provicialisieren: MARY ANNE CASE Coase-Sandor Institute for Law and Law and Economics Working Paper, Postkolonialitaet und die Kritik der Arnold I. Shure Professor of Law Economics Working Paper, No. 687 No. 628 (2013). Geshichte,” in Jenseits des “Is There a Lingua Franca for the Eurozentrismus, Sebastian Conrad, (2014). “Washington Is Encouraging the American Legal Academy?,” Coase- Shalini Randeria & Regina Roemhild, “A Reply to Dworkin’s New Theory Next Hurricane Sandy, By Creating Sandor Institute for Law and Economics eds. (Campus Verlag, 2013). of International Law,” 80 The New Subsidies For Flood Insurance,” Working Paper, No. 647 (2013). University of Chicago Law Review Forbes, March 25, 2014. “Legal Protections for the ‘Personal Dialogue 105 (2013). Best’ of Each Employee: Title VII’s “Rappers v. SCOTUS,” Slate, June Prohibition on Sex Discrimination, 13, 2014 (with Eric Posner and the Legacy of Price Waterhouse Kevin Jiang). v. Hopkins, and the Prospect of ENDA,” 66 Stanford Law Review “Why the Study of International 1333 (2014). Law Needs Experiments,” 52 Columbia Journal of Transnational Law 173 (2013) (with Dustin Tingley).

F A L L 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 47

Fac Scholrship Publication 2014 A1.indd 47 9/11/14 1:35 AM FacultyNews

“The Advantages of Outrage,” 116 “Foreword: The Unfinished “The Legacy of Progressive Technology Review (Cambridge, Business of the Supreme Court Thought: Decline, not Death, By a MA) 9 (2013). - An Introduction,” 8 New York Thousand Cuts,” in The American University Journal of Law & Liberty Illness: Essays on the Rule of Law “Beyond Textualism: Why 137 (2013). (Yale University Press, 2013). Originalist Theory Must Apply General Principles of Interpretation “How to Create Markets in “Legal Remedies for Patent to Constitutional Law,” 37 Harvard Contestable Commodities,” in The Infringement: From General Journal of Law and Public Policy Global Body Market: Altruism’s Principles to FRAND Obligations ZACHARY CLOPTON 705 (2014). Limits (Cambridge University Press, for Standard Essential Patents,” 9 Instructor in Law and Public 2013). Competition Policy International 69 “Big Law and Big Med: The Law Fellow (2013) (with David Kappos). Deprofessionalization of Legal and “Immigration Law and Institutional “Extraterritoriality and Comparative Medical Services,” 38 International Design,” 80 University of Chicago “Libertarians of La Mancha: Institutional Analysis: A Response Review of Law and Economics 64 Law Review 1 (2013) (with Adam B. Objections to NSA Surveillance are to Professor Meyer,” 102 (2013). Cox, Eric Posner). Too Often Fanciful,” The Weekly Georgetown Law Review Online 28 Standard, July 2013. (2014) (with Paul Quintans). “The Common Law Foundations of “In Praise of Suzanna Sherry and the Takings Clause: The Disconnect Judicial Activism,” 16 Green Bag “Modern Environmentalists “Extraterritoriality and Between Public and Private Law,” 443 (2013). Overreach: A Plea for Understanding Extranationality: A Comparative 30 Touro Law Review 265 (2014). Background Common Law “Intellectual Property and the Law Study,” 23 Duke Journal of Principles,” 37 Harvard Journal of “Civil Rights Enforcement Gone of Contract: The Case Against Comparative and International Law Law & Public Policy 23 (2014). 217 (2013). Haywire,” 14:4 Educationnext ‘Efficient Breach,’” 9 European (Fall 2014), available at http:// Review of Contract Law 345 (2013). “A Most Improbable 1787 “The Meaning of the Seventeenth educationnext.org/civil-rights- Constitution: A (Mostly) Originalist “Introduction: Erie Railroad at Amendment and a Century of State enforcement-gone-haywire/. Critique of the Constitutionality of Seventy-Five,” 10 Journal of Law, Defiance,” 107 Northwestern the ACA,” in The Health Care Case: “The Dangerous Incentive Economics & Policy 1 (2013) (with University Law Review 1181 (2013) The Supreme Court’s Decision and Structures of Nonprosecution Michael Greve). (with Steven E. Art). Its Implications (Oxford University and Deferred Prosecution “The Irrelevance of the First Press, 2013). “Replacing the Presumption against Agreements,” The Heritage Amendment to the Modern Extraterritoriality,” 64 Boston Foundation (June 26, 2014), “Public Accommodations Under Regulation of the Internet,” Icarus University Law Review 1 (2014). available at http://www.heritage. the Civil Rights Act of 1964: Why 14 (Fall 2013). org/research/reports/2014/06/the- Freedom of Association Counts as dangerous-incentive-structures- “Jersey Central Power & Light a Human Right,” 66 Stanford Law of-nonprosecution-and-deferred- Co v. Federal Energy Regulatory Review 1241 (2014). prosecution-agreements. Commission: Robert Bork on Public “Redistribution Within Collective Utility Rate Regulation—and Lochner Defining Ideas columns, Hoover Organizations: What Corporations, v. New York,” 80 University of Chicago Institution, www.hoover.org/ Condominiums and Unions Tell Law Review Dialogue 193 (2013). publications/defining-ideas. Us about the Proper Use of “Labor Unions: Saviors or Government Power,” 8 New York “The Disabling of America,” Scourges?,” 41 Capital University University Journal of Law & Liberty American Interest 32 (2013) (with RICHARD A. EPSTEIN Law Review 1 (2013). 279 (2014). James Parker Hall Distinguished Mario Loyola). “Law Talk with Epstein, Yoo & “Saving Federalism,” 20 National Service Professor Emeritus of “The Economic Consequences Senick,” Ricochet.com, podcasts Affairs 3 (Summer 2014) (with Law and Senior Lecturer of the Obama Reelection: How available at http://ricochet.com/ Mario Loyola). Stagnation Has Vanquished The Classical Liberal Constitution: series/law-talk/ (with John Yoo Growth,” 80 Southern Economic “Sequential Injunctions in Patent The Uncertain Quest for Limited and Troy Senik). Government (Harvard University Journal 282 (2013). Litigation: The Gratuitous Novelty of TiVo v. EchoStar,” in Intellectual Press, 2014). “Fixing Obamacare: The Virtues Property and the Common Law of Choice, Competition and (Cambridge University Press, 2013). Deregulation,” 68 Annual Survey of “The Takings Clause and Partial American Law 493 (2013) (with Interests in Land: On Sharp David A. Hyman). Boundaries and Continuous Distributions,” 78 Brooklyn Law Review 589 (2013).

48 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Fac Scholrship Publication 2014 A1_u1.indd 48 9/15/14 9:53 AM “Tushnet’s Lawless World: A “Partition and Revelation,” 81 “Beyond Presidentialism and “Does the Constitutional Response to Mark Tushnet, Book University of Chicago Law Review Parliamentarism,” Coase-Sandor Amendment Rule Matter at Review, ‘Epstein’s Best of All 27 (2014). Institute for Law and Economics All? Amendment Cultures and Possible Worlds: The Rule of Working Paper, No. 668 (2013); the Challenges of Measuring Law,’” 80 University of Chicago Public Law and Legal Theory Amendment Difficulty,” Coase- Law Review Dialogue 1 (2013). Working Paper, No. 450 (2013) Sandor Working Paper Series (with Jose Antonio Cheibub & in Law and Economics, No. 682 “The Use and Limits of Self- Zachary Elkins). (2014); Public Law & Legal Theory Valuation Systems,” 81 University Working Paper, No. 472 (2014) of Chicago Law Review 109 (2014). “Chaining the Dogs of War: (with James Melton). Comparative Data,” 15 Chicago Journal of International Law 138 “East Asian Constitutionalism (2014). in Comparative Perspective,” CRAIG B. FUTTERMAN in Constitutionalism in Asia in “Constitutional Afterlife: The Clinical Professor of Law the Early Twenty-First Century Continuing Impact of Thailand’s (Cambridge University Press, 2014). “Police Abuse Allegations Finally Postpolitical Constitution,” in Go Public,” Chicago Sun Times, Public Law in East Asia (Ashgate “The Effects of Liberalization on July 19, 2014 (with Jamie Kalven, Publishing Limited, 2013). Litigation: Notes toward a Theory Jon Loevy & Flint Taylor). in the Context of Japan,” in Law “The Constitutional Court and LEE ANNE FENNELL and Society in East Asia (Ashgate, Judicialization of Korean Politics,” Max Pam Professor of Law 2013) (with Glenn Hoetker). in Public Law in East Asia (Ashgate Fairness in Law and Economics Publishing Limited, 2013). “Evidentiary Privileges in (Edward Elgar, 2013) (edited with International Arbitration,” Coase- “Constitutional Courts in Richard H. McAdams). Sandor Institute for Law and East Asia,” in Comparative Economics Working Paper, No. 656 “Exactions Creep,” 2013 Supreme Constitutional Law in Asia, Tom (2013) (with Richard M. Mosk). Court Review 287 (2014) (with Ginsburg, and Rosalind Dixon, eds. Eduardo Peñalver). (Edward Elgar, 2014). “Innovative Language in the Preamble: Research and Poetics,” “Introduction,” in Fairness in Law TOM GINSBURG “Constitutional Islamization and in AmericaN (Lucky Pierre, 2013) and Economics, Lee Anne Fennell Deputy Dean, Leo Spitz Professor Human Rights: The Surprising (with Amber Ginsburg). and Richard H. McAdams, eds. of International Law, Ludwig and Origin and Spread of Islamic (Edward Elgar, 2013) (with Richard Hilde Wolf Research Scholar, and Supremacy in Constitutions,” Public “Introduction,” in Comparative H. McAdams). Professor of Political Science Law & Legal Theory Working Paper, Constitutional Law in Asia (Edward “Just Enough,” 113 Columbia Comparative Constitutional Law in No. 477 (2014) (with Dawood Elgar, 2014) (with Rosalind Dixon). Ahmed). Law Review Sidebar 109 (2013) Asia (Edward Elgar, 2014) (edited “Introduction,” in Constitutions (response to Brian Angelo Lee, with Rosalind Dixon). “Constitutions as Contract, in Authoritarian Regimes, Tom “Just Undercompensation: The Constitutions in Authoritarian Constitutions as Charter,” in Ginsburg and Alberto Simpser, eds. Idiosyncratic Premium in Eminent Regimes (Cambridge University Press, Social and Political Foundations of (Cambridge University Press, 2013) Domain,” 113 Columbia Law 2013) (edited with Alberto Simpser). Constitutions (Cambridge University (with Alberto Simpser). Review 593 (2013)). Press, 2013). Law and Development of Middle- “Judicial Roles in Nonjudicial “Optional Planning,” PLPR Income Countries: Avoiding the “The Content of Authoritarian Functions,” 12:4 Washington Newsletter, Fall 2013 (write-up of Middle-Income Trap (Cambridge Constitutions,” in Constitutions in University Global Studies Law February 2013 keynote address at the University Press, 2014) (edited with Authoritarian Regimes, Tom Ginsburg Review 755 (2013) (with Nuno 7th International Conference of the Randall Peerenboom). and Alberto Simpser, eds. (Cambridge Garoupa). International Academic Association University Press, 2013) (with “Law and Development in of Planning, Law, and Property Rights). “Afghanistan’s Constitution at Zachary Elkins & James Melton). Ten,” ForeignPolicy.com, March MICs: Conclusion,” in Law and 2014 (with Aziz Huq). Development of Middle-Income Countries: Avoiding the Middle- “An epidemiological analysis of Income Trap, Tom Ginsburg constitutional mortality,” in Law and Randall Peerenboom, eds. and politics : critical concepts in (Cambridge University Press, 2014) political science. V. 4, Comparative (with Randall Peerenboom). and international issues (Routledge, 2013) (with Zachary Elkins & James Melton).

F A L L 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 49

Fac Scholrship Publication 2014 A1_u1.indd 49 9/15/14 9:53 AM FacultyNews

“Libertarian Paternalism, Path “What Can Constitutions Do?: “Early Childhood Investments “Introduction,” in The Myth of Dependence, and Temporary Law,” The Afghan Case,” 24 Journal of Substantially Boost Adult Health,” Achievement Tests: The GED and 81 University of Chicago Law Democracy 116 (2014) (with Aziz 343:6178 Science 1478 (2014) (with the Role of Character in American Review 291 (2014) (with Jonathan Huq). Frances Campbell, Gabriella Conti, Life, James J. Heckman, John Eric Masur and Richard H. McAdams). Seong Hyeok Moon, et al.). Humphries, & Tim Kautz, eds. “When Courts and Politics Collide: (University of Chicago Press, 2014) “Participation in Constitutional Mongolia’s Constitutional Crisis,” “The Economic and Social Benefits (with John Eric Humphries & Tim Kautz). Design: Asian Exceptionalism,” in in Public Law in East Asia (Ashgate of GED Certification,” in The Myth Comparative Constitutional Law in Publishing Limited, 2013) (with of Achievement Tests: The GED and “Labor Market Returns to an Early Asia (Edward Elgar, 2014). Gombosuren Ganzorig). the Role of Character in American Childhood Stimulation Intervention Life, James J. Heckman, John Eric in Jamaica,” 344:6187 Science “Political Constraints on International “When to Overthrow your Government: Humphries, & Tim Kautz, eds. 998 (2014) (with Paul J. Gertler & Courts,” in Oxford Handbook of The Right to Resist in the World’s (University of Chicago Press, 2014) Rodrigo Pinto). International Adjudication (Oxford Constitutions,” 60 UCLA Law Review (with John Eric Humphries & Tim Kautz) . University Press, 2013). 1184 (2013) (with Daniel Lansberg- “Lifelines for Poor Children,” New Rodriguez & Mila Versteeg). “The Economics of Child Well- York Times, September 15, 2013, “The Politics of Courts in Being,” in Handbook of Child at p.SR5. Democratization: Four Junctures “Why Do Countries Adopt Well-Being: Theories, Methods in Asia,” in Consequential Courts: Constitutional Review?,” Journal of “Older Siblings’ Contributions to and Policies in Global Perspective, Judicial Roles in Global Perspective Law, Economics and Organization Young Child’s Cognitive Skills,” Asher Ben-Arieh, Ferran Casas, Ivar (Cambridge University Press, 2013). (2013) (with Mila Versteeg). 35 Economic Modeling 235 (2013) Frones & Jill Korbin, eds. (Springer- (with Xianhua Dai). “The Politics of Law and Verlag, 2013) (with Gabriella Conti). Development in Middle- “Treatment Effects: A Bayesian “Estimating the Technology of Income Countries,” in Law and Perspective,” 33:14 Econometric Cognitive and Noncognitive Skill Development of Middle-Income Reviews 36 (2014) (with Hedibert Formation: The Linear Case,” Countries: Avoiding the Middle- Lopes & Rémi Piatek). in Handbook of Developmental Income Trap, Tom Ginsburg Systems Theory and Methodology, “Understanding Conscientiousness and Randall Peerenboom, eds. Peter Molenaar, Richard Lerner Across the Lifecourse: An Economic (Cambridge University Press, 2014). & Karl Newell, eds. (The Guilford Perspective,” 50:5 Developmental “Property Rights and Economic JAMES J. HECKMAN Press, 2013) (with Flavio Cunha). Psychology 1451 (2014) (with Development in Northeast Asia,” in Gabriella Conti). Henry Schultz Distinguished “Fostering and Measuring Skills: Festschrift zu Ehren von Christian Service Professor, Economics Interventions that Improve “Understanding the Mechanisms Kirchner: Recht im ökonomischen and the Law School Character and Cognition,” in The through Which an Influential Kontext 785-98, Wulf A. Kaal, Myth of Achievement Tests: The Early Childhood Program Boosted Matthias Schmidt, and Andreas The Myth of Achievement Tests: GED and the Role of Character in Adult Outcomes,” 103:6 American Schwartze, eds. (Mohr Siebeck The GED and the Role of Character American Life, James J. Heckman, Economic Review 2052 (2013) (with Tübingen, 2014). in American Life (University of Rodrigo Pinto & Peter Savelyev). Chicago Press, 2014) (edited with John Eric Humphries, & Tim Kautz, “The Teaching/Research Tradeoff John Eric Humphries & Tim Kautz). eds. (University of Chicago Press, “What Should be Done?,” in The in Law: Data from the Right Tail,” 2014) (with Tim Kautz). Myth of Achievement Tests: The Coase-Sandor Working Paper “Achievement Tests and the Role “Fostering Cognitive and Non- GED and the Role of Character in Series in Law and Economics, No. of Character in American Life,” in Cognitive Skills to Promote Social American Life, James J. Heckman, 674 (2014) (with Thomas J. Miles). The Myth of Achievement Tests: John Eric Humphries, & Tim Kautz, The GED and the Role of Character and Economic Opportunity,” (Report “The Tunisian Judicial Sector: eds. (University of Chicago Press, in American Life, James J. Heckman, prepared for the Organisation Analysis and Recommendations,” 2014) (with John Eric Humphries & John Eric Humphries, & Tim Kautz, of Economic Co-operation and International IDEA & The Center for Tim Kautz). eds. (University of Chicago Press, Development, Meeting of OECD Constitutional Transitions at NYU Law 2014) (with Tim Kautz). Education Ministers (OECD, 2014) “Who Are the GEDs?,” in The (2013), available at http://constitution (with Lex Borghans, Ron Diris & Myth of Achievement Tests: The altransitions.org/wp-content/uploads “The Developmental Approach to Tim Kautz). GED and the Role of Character in /2013/06/5_Ginsburg_Judiciary.pdf. Child and Adult Health,” 131:S2 American Life, James J. Heckman, Pediatrics S133 (2013) (with “The GED Testing Program Induces “’We the Peoples’: The Global John Eric Humphries, & Tim Kautz, Gabriella Conti). Students to Drop Out,” in The Myth Origins of Constitutional of Achievement Tests: The GED and eds. (University of Chicago Press, Preambles,” Coase-Sandor Institute the Role of Character in American 2014) (with John Eric Humphries & for Law and Economics Working Life, James J. Heckman, John Tim Kautz). Paper, No. 664 (2013); Public Law Eric Humphries, & Tim Kautz, eds. and Legal Theory Working Paper, (University of Chicago Press, 2014) No. 447 (2013) (with Nick Foti & (with John Eric Humphries, Paul Daniel Rockmore). LaFontaine & Pedro Rodriguez).

50 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Fac Scholrship Publication 2014 A1.indd 50 9/11/14 1:35 AM “Boards-R-Us: Reconceptualizing “An Empirical Study of the Effect of “Deregulators Lost at the Supreme Corporate Boards,” Coase-Sandor Shady Grove v. Allstate on Forum Court When It Comes to Blocking Institute for Law and Economics Shopping in the New York Courts,” Presidential Appointees,” Daily Working Paper, No. 646 (2013); 10 Journal of Law, Economics & Beast, June 26, 2014, available at Harvard Law School Forum Policy 151 (2013). http://www.thedailybeast.com/ on Corporate Governance and articles/2014/06/26/deregulators- “Do Judges Follow the Law? An Financial Regulation, July 27, 2013 lost-at-the-supreme-court-when- Empirical Test of Congressional (with Stephen Bainbridge). it-comes-to-blocking-presidential- Control Over Judicial Behavior,” appointees.html. RICHARD H. HELMHOLZ “Can Lawyers Stay in the Driver’s Coase-Sandor Institute for Law and Ruth Wyatt Rosenson Seat?,” Coase-Sandor Institute Economics Working Paper, No. 671 “Do Americans Think Corporations Distinguished Service Professor for Law and Economics Working (2014); Public Law & Legal Theory have the Right to Religious Liberty,” of Law Paper, No. 629 (2013) (with Daniel Working Paper, No. 455 (2014) Slate, July 1, 2014 (with Moran Cerf Kanonisches Recht und G. Currell). (with M. Todd Henderson). and Avital Mentovich), available at www.slate.com/articles/news_and Europäische Rechtskultur (Mohr “The Changing Demand for Insider “Nuisance Suits,” Coase-Sandor _politics/jurisprudence/2014/07/ Siebeck, 2013). Trading Regulation,” in Research Institute for Law and Economics do_americans_think_corporations_ Handbook on Insider Trading Working Paper, No. 691 (2014); Review of Kanonisten und ihre have_the_right_to_religious_ (Edward Elgar, 2013). Public Law & Legal Theory Working Texte (1234 bis Mitte 14.Jb.): 18 freedom.html. Paper, No. 479 (2014). Aufsätze und 14 Exkurse (2013), “Do Judges Follow the Law? An “Does the Logic of Collective Action Martin Bertram, 99 Catholic Empirical Test of Congressional “Optimal Class Size, Dukes, and the Explain Federalism Doctrine?,” 66 Historical Review 546 (2013). Control Over Judicial Behavior,” Funny Thing about Shady Grove,” Stanford Law Review 217 (2013). “Hugh Davis (1632–1694),” 15 Coase-Sandor Institute for Law and 62 DePaul Law Review 693 (2013). Ecclesiastical Law Journal 344 Economics Working Paper, No. 671 “The Function of Article V,” 162 (2013). (2014); Public Law & Legal Theory University of Pennsylvania Law Working Paper, No. 455 (2014) Review 1165 (2014). “Judicial Review and the Law (with William H. J. Hubbard). of Nature,” 39 Ohio Northern “Habeas and the Roberts Court,” University Law Review 417 (2013). “Reconceptualizing Corporate 81 University of Chicago Law Boards,” 35 Corporate Board 22 Review 519 (2014). “William of Drogheda (c 1200- (2014) (with Stephen Bainbridge). 1245),” 16 Ecclesiastical Law “Monopolizing Force? Police Journal 66 (2014). “Reconceptualizing Corporate Legitimacy and Public Attitudes Boards,” Regulation, Fall 2013, at AZIZ HUQ toward the Acceptability of p.28. Violence,” 19 Psychology, Public Professor of Law and Herbert and Policy, and Law 479 (2013) (with “Reverse Regulatory Arbitrage: An Marjorie Fried Teaching Scholar Ben Bradford, Jonathan Jackson & Auction Approach to Regulatory “Afghanistan’s Constitution at Tom R. Tyler). Assignments,” 98 Iowa Law Review Ten,” ForeignPolicy.com, March 1895 (2013) (with Frederick Tung). 2014 (with Tom Ginsburg). “The Political Psychology of Counterterrorism,” 9 Annual Review “Self-Regulation for the Mortgage “Can Government Call the Shots on of Law and Social Science 71 (2013). Industry,” 2013 University of Cellphone Privacy?,” Daily Beast, Chicago Legal Forum 229 (2013). April 30, 2014, available at http:// “Standing for the Structural M. TODD HENDERSON Constitution,” 99 Virginia Law Michael J. Marks Professor of www.thedailybeast.com/articles/ 2014/04/30/can-government-call- Review 1435 (2013). Law and Aaron Director Teaching the-shots-on-cellphone-privacy.html. Scholar “What Can Constitutions Do?: The Afghan Case,” 24 Journal of “Becoming a Fifth Branch,” 99 “Coasean Bargaining over the Structural Constitution,” Public Law Democracy 116 (2014) (with Tom Cornell Law Review 1 (2013) (with Ginsburg). William A. Birdthistle). & Legal Theory Working Paper, No. 471 (2014). “What Price Fairness when Security is at Stake? Police WILLIAM H. J. HUBBARD Legitimacy in South Africa,” 7 Regulation & Governance 246 Assistant Professor of Law (2014) (with Ben Bradford, Jon P. “A Theory of Pleading,” Coase- Jackson, & Ben Roberts). Sandor Institute for Law and Economics Working Paper, No. 663 (2013); Public Law and Legal Theory Working Paper, No. 446 (2013).

F A L L 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 51

Fac Scholrship Publication 2014 A1.indd 51 9/11/14 1:35 AM FacultyNews

“Nietzsche against the Philosophical Canon,” Public Law & Legal Theory Working Paper, No. 438 (2013). “Nietzsche’s Naturalism Reconsidered,” in The Oxford Handbook of Nietzsche (Oxford University Press, 2013). DENNIS J. HUTCHINSON ALISON LACROIX BRIAN LEITER “Nietzsche, Naturalism and Senior Lecturer in Law and Professor of Law, Ludwig and Karl N. Llewellyn Professor of Normativity,” review of Christopher William Rainey Harper Professor Hilde Wolf Teaching Scholar, and Jurisprudence and Director, Janaway and Simon Robertson in the College, Master of the New Associate Member, Department Center for Law, Philosophy, and (eds.), Nietzsche, Naturalism and Collegiate Division, and Associate of History Human Values Normativity (2012), Notre Dame Dean of the College “The Constitution of the Second 2 Oxford Studies in Philosophy of Philosophical Reviews (2014). The Supreme Court Review, volume Generation,” 2013 University of Law (Oxford University Press, 2013) “Preface to the Paperback Edition 2013 (2014) (edited with Geoffrey Illinois Law Review 1775 (2013). (edited with Leslie Green). of Why Tolerate Religion?,” Public R. Stone and David A. Strauss). “The Interbellum Constitution: “American Law Schools and the Law & Legal Theory Working Paper, Federalism in the Long Founding Psychology of Cyber-Hysteria,” No. 465 (2014). Moment,” Public Law & Legal Huffington Post, December 1, 2013. “The Recurring Myth about Theory Working Paper, No. 420 “American Law Schools: The New Nietzsche and Fascism,” Huffington (2013). Economic Realities,” Huffington Post, June 7, 2014. “The Shadow Powers of Article I,” Post, December 30, 2013. “The Rule of Law Applies to All, 123 Yale Law Journal 2044 (2014). “American Legal Education: The Even Religious Believers,” Al “The Shadow Powers of Article I,” First 150 Years,” Huffington Post, Jazeera America, November 21, Balkinization, April 18, 2014. January 14, 2014. 2013. ELIZABETH KREGOR “Why the Supreme Court Should “Blame and Christianity,” Boston “Why Legal Positivism (Again),” Lecturer in Law and Director of Stop Fetishizing Dictionaries Review, July 2013, at p.23. Public Law & Legal Theory Working The Institute for Justice Clinic on and Start Caring About Words,” “The Demarcation Problem in Paper (2013). Entrepreneurship Balkinization, June 21, 2014 (with Jurisprudence: A New Case for “Why Philosophy Has Been Central “Space to Work: Opening Job Jason Merchant). Skepticism,” in Neutrality and to Legal Education for More Than a Opportunities by Reducing Theory of Law (Springer, 2013). Century,” Huffington Post, January Regulation,” Big Ideas for Job 22, 2014. Creation (Institute for Research “’Experiential’ Education Is Not the on Labor and Employment at Solution to the Problems Facing the University of California, Law Schools,” Huffington Post, Berkeley), available at http://www. January 6, 2014. bigideasforjobs.org/wp-content/ “Legal Realisms, Old and New,” uploads/2013/07/Kregor_Institute- 47 Valparaiso Law Review 949 of-Justice_Entrepreneurship_ (2013) (2012 Seegers Lecture in REPORT.pdf. WILLIAM M. LANDES Jurisprudence). Clifton R. Musser Professor “Moralities are a Sign-Language of Emeritus of Law and Economics, the Affects,” 30 Social Philosophy STEVEN LEVITT and Senior Lecturer and Policy 237 (2013). William B. Ogden Distinguished The Behavior of Federal Judges: a Service Professor, Economics Theoretical and Empirical Study of and the Law School Rational Choice (Harvard University “Measuring Crack Cocaine and Press, 2013) (with Richard Posner & Its Impact,” 51:3 Economic Inquiry Lee Epstein). 1651 (2013) (with Roland G. Fryer, Jr.). “Trademark Law: An Economic “The Role of Skill Versus Luck in Perspective,” in Trademark and Poker: Evidence from the World Unfair Competition Law Volume 1: Series of Poker,” 15 Journal of Themes and Theories (Edward Elgar, Sports Economics 31 (2014) (with 2014) (with Richard A. Posner). Thomas J. Miles).

52 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Fac Scholrship Publication 2014 A1.indd 52 9/11/14 1:35 AM “Testing for Racial Differences “Consumers Misunderstanding “BIT by BIT,” Slaw, May 9, 2014. “Incentives for Reporting Disease in the Mental Ability of Young of Health Insurance,” 32 Journal Outbreaks,” 9 PLoS ONE 1 (2014). “Changes in Cross-Border Corporate Children,” 103:2 American of Health Economics 850 (2013) & Transactional Law Research,” “Policy Preferences and Legal Economic Review 981 (2013) (with (with George Loewenstein, David Slaw, September 13, 2013. Interpretation,” 1 Journal of Law Roland G. Fryer, Jr.). Laibson & Kevin Volpp). and Courts 115 (2013) (with Ward “Comparative Criminal Procedure: “Toward an Understanding of “Gender, Competitiveness and Farnsworth & Dustin F. Guzior). A Select Bibliography,” GlobaLex Learning by Doing: Evidence from Socialization at a Young Age: (2013). “Renegotiation Design by an Automobile Plant,” 121 Journal Evidence from a Matrilineal and Contract,” 81 University of Chicago of Political Economy 643 (2013). a Patriarchal Society,” 95 Review “Homebrewing Laws Worldwide,” Law Review 151 (2014) (with of Economics and Statistics 1438 Slaw, November 21, 2013. Richard T. Holden). (2013) (with Sandra Maximiano, Uri “Is KluwerArbitration the Best?,” “Unintended Consequences of Gneezy & Seda Ertac). Slaw, January 21, 2014. Products Liability,” NBER Working “No More Despairing over “Recognition and Praise,” Slaw, Paper Series, No. 20005 (2014), Disparities: A Dynamic Explanation March 4, 2014. available at http://www.nber.org/ of the Willingness to Pay and papers/w20005. Willingness to Accept Disparity,” “The Lieber Code,” Slaw, July 9, 2013. 51 Economic Inquiry 909 (2013) (with Catherine Kling & Jinhua Zhao). SAUL LEVMORE “On the Generalizabilty of Experimental William B. Graham Distinguished Results in Economics,” in Methods Service Professor of Law of Modern Experimental Economics “From Helmets to Savings and (Oxford University Press, 2013) Inheritance Taxes: Regulatory (with Omar al-Ubaydli). Intensity, Information Revelation, and Internalities,” 81 University of “One Swallow Does not Make JONATHAN MASUR Chicago Law Review 229 (2014). a Summer: New Evidence on ANUP MALANI Anchoring Effects,” 104 American Lee and Brena Freeman Professor John P. Wilson Professor of “The Impending iPrize Revolution Economic Review 227 (2014) (with of Law Law and David and Celia Hilliard in Intellectual Property Law,” 93 Fabio Tufano & Zacharias Maniadis). Research Scholar Boston University Law Review 139 “Advertisements Impact the “Deference Mistakes,” Coase- (2013). “The Prisoner’s Dilemma as Physiological Efficacy of a Branded Intergroup Game: an Experimental Drug,” 110 Proceedings of the Sandor Working Paper Series “Internality Regulation through Investigation,” in Handbook on National Academy of Sciences in Law and Economics, No. 679 Public Choice,” 15 Theoretical Experimental Economics and of the United States of America (2014); Public Law & Legal Theory Inquiries in Law 447 (2014). the Environment (Edward Elgar 12931 (2013). Working Paper, No. 466 (2014) Publications, 2013) (with Charles (with Lisa Larrimore Ouellette). Mason & Stephan Kroll). “Best of Both Worlds Uniting Universal Coverage and Personal “Innovation and Incarceration: An “Toward an Understanding of Choice in Health Care,” (AEI Papers Economic Analysis of Criminal Learning by Doing: Evidence from an & Studies (American Enterprise Intellectual Property Law,” 87 Automobile Plant,” 121 Journal of Institute, 2013). Southern California Law Review Political Economy 643 (2013) (with 275 (2014) (with Christopher Chad Syverson & Steven Levitt). “Economic Epidemiology of Avian Buccafusco). Influenza on Smallholder Poultry Farms,” 90 Theoretical Population “Libertarian Paternalism, Path JOHN LIST Biology 135 (2013). Dependence, and Temporary Law,” Homer J. Livingston Professor, 81 University of Chicago Law Review 291 (2014) (with Tom Economics and the Law School Ginsburg and Richard H. McAdams). The Why Axis: Hidden Motives and the Undiscovered Economics “Prizes and Grants: A Commentary on of Everyday Life (PublicAffairs Burstein & Murray, and on Sampat,” Publishers, 2013) (with Uri Gneezy). Balkinization, March 22, 2014. LYONETTE LOUIS-JACQUES Foreign and International Law Librarian and Lecturer in Law International Law Legal Research (Carolina Academic Press, 2013) (with Anthony Winer & Mary Anne Archer).

F A L L 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 53

Fac Scholrship Publication 2014 A1.indd 53 9/11/14 1:35 AM FacultyNews

Capabilities, Gender, Equality: Towards Fundamental Entitlements (Cambridge University Press, 2014) (edited with Flavio Comim). Chinese translation of On Nineteen Eighty-Four: Orwell and Our Future (2013) (edited with Abbott Gleason and Jack L. Goldsmith). RICHARD H. MCADAMS THOMAS J. MILES MARTHA NUSSBAUM “Aristotle on Human Nature and Bernard D. Meltzer Professor of Clifton R. Musser Professor of Ernst Freund Distinguished the Foundations of Ethics, With an Law and Aaron Director Research Law and Economics and Walter Service Professor of Law and Addendum,” in The Bloomsbury Scholar Mander Research Scholar Ethics Companion to Aristotle, Claudia Fairness in Law and Economics “Policing Immigration,” 80 Spanish translation of For Love of Baracchi, ed. (Bloomsbury, 2014). (Edward Elgar, 2013) (edited with University of Chicago Law Review Country: Debating the Limits of Lee Anne Fennell). 87 (2013) (with Adam B. Cox). Patriotism (2013). “The Damage of Death: Incomplete Arguments and False “Do Exclusionary Rules Convict the “The Role of Skill Versus Luck in Spanish translation of The New Consolations,” in The Metaphysics Innocent?,” in Research Handbook Poker: Evidence from the World Religious Intolerance: Overcoming and Ethics of Death: New Essays, on Economic Models of Law (Edward Series of Poker,” 15 Journal of the Politics of Fear in an Anxious James Stacey Taylor, ed. (Oxford Elgar, 2014) (with Dhammika Sports Economics 31 (2014) (with Age (Paidós, 2013), Dutch University Press, 2013). Dharmapala & Nuno Garoupa). Steven Levitt). translation (Ambo, 2013), French translation (Climats, 2013). “Introduction: Capabilities, “Introduction,” in Fairness in Law “The Teaching/Research Tradeoff Challenges, and the Omnipresence and Economics, Lee Anne Fennell in Law: Data from the Right Tail,” Japanese translation of Not for of Political Liberalism,” in and Richard H. McAdams, eds. Coase-Sandor Working Paper Profit: Why Democracy Needs the Capabilities, Gender, Equality: (Edward Elgar, 2013) (with Lee Series in Law and Economics, No. Humanities (Iwanamishoten, 2013), Towards Fundamental Anne Fennell). 674 (2014) (with Tom Ginsburg). Sinhalese translation (2013). Entitlements, Flavio Comim “Libertarian Paternalism, Path Indian edition of Philosophical & Martha Nussbaum, eds. Dependence, and Temporary Interventions: Reviews 1986-2011 (Cambridge University Press, 2014). Law,” 81 University of Chicago (2014). “Perfectionist Liberalism and Law Review 291 (2014) (with Tom Political Emotions: Why Love Political Liberalism,” in Capabilities, Ginsburg and Jonathan Masur). Matters for Justice (Harvard Gender, Equality: Towards “Punitive Police? Agency Costs, University Press, 2013); Spanish Fundamental Entitlements, Flavio Law Enforcement, and Criminal translation (2014), Dutch Comim & Martha Nussbaum, eds. Procedure,” Coase-Sandor Institute translation (2014). (Cambridge University Press, 2014). for Law and Economics Working JENNIFER NOU Japanese translation of Animal “’Si tou pouvais voir ce coeur’: la Paper, No. 644 (2013) (with Neubauer Family Assistant Rights: Current Debates and New clémence de Mozart/’Als je dit hart Dhammika Dharmapala & Nuno Professor of Law Directions (Shogakusha, 2014) kon zien’: Mozarts clementie,” in Garoupa). (edited with Cass R. Sunstein). La Clemenza di Tito (program book) “Agency Self-Insulation under (Belgian National Opera/De Munt, Presidential Review,” 38 2013) (Original English entitled Administrative & Regulatory Law “‘If You Could See This Heart’: News 15 (2013). Mozart’s Mercy.”) “Happiness Institutions,” 62 Duke “A Law against Dignity,” The Indian Law Journal 1701 (2013). Express, December 28, 2013. “Internalizing Cost-Benefit Analysis,” “Law for Bad Behaviour,” The RegBlog, February 19, 2014. Indian Express, February 22, 2014. “Sub-Regulating Elections,” 2013 “Lockean Neutrality versus Supreme Court Review 135 (2014). Religious Accommodation,” 11 Dartmouth Law Journal 1 (2013) (excerpt from The New Religious Intolerance).

54 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Fac Scholrship Publication 2014 A1.indd 54 9/11/14 1:36 AM Spanish translation of “Love and “International Law and the Limits Vision: Iris Murdoch on Eros and of Macroeconomic Cooperation,” the Individual,” 60 Daimon 55 86 Southern California Law Review (2013). 1025 (2013) (with Alan O. Sykes). “Su religioni e fobie, ma non “Martii Koskenniemi on Human solo,” 43 Materiali per una Storia Rights: An Empirical Perspective,” della Cultura Giuridica 183 (2013) Public Law & Legal Theory Working (dialogue with Nicla Vassallo). Paper, No. 467 (2014). ERIC POSNER RICHARD A. POSNER “Tell Narendra Modi: Human “Offsetting Benefits,” Coase- Kirkland & Ellis Distinguished Senior Lecturer in Law Development is More than GDP,” Sandor Working Paper Series in Service Professor of Law Boston Review, June 2014. Law and Economics, No. 675 (2014) The Becker-Posner Blog, “Altruism Exchanges and the (with Ariel Porat). uchicagolaw.typepad.com/becker- “Two-Year Law School: Don’t Rush Kidney Shortage,” Institute for Law posner/ (with Gary S. Becker). the Paper Chase,” Bloomberg View, and Economics Working Paper, “A Solution to the Collective El pequeño libro del plagio (El June 16, 2013 (with Charles Wolf). No. 630 (2013); NYU Law and Action Problem in Corporate Reorganization,” HLS Forum Hombre del Tres, 2013). “Was ist Gerechtigkeit?,” Die Zeit, Economics Research Paper, No. on Corporate Governance and June 14, 2013, at p.5. 13-03 (2013) (with G. Mitu Gulati & Nieoczywistosci: ekonomiczna Stephen J. Choi). Financial Regulation, October 24, teoria wszystkiego (Wolters 2013 (with E. Glen Weyl). Kluwer Polska, 2013) (with Gary S. “Benefit-Cost Paradigms in Becker, Sergiusz Kowalski & Leszek Financial Regulation,” Coase- “Voting Rules in International Balcerowicz). Sandor Institute for Law and Organizations,” Coase-Sandor Economics Working Paper, No. 660 Working Paper Series in Law and Reflections on Judging (Harvard (2013); HLS Forum on Corporate Economics, No. 673 (2014); Public University Press, 2013). Law & Legal Theory Working Governance and Financial “Academe and the Judiciary Regulation, November 24, 2013 Paper, No. 458 (2014) (with Alan O. Sykes). at Odds,” Chronicle of Higher (with E. Glen Weyl). Education, September 2013, at p.B10. RANDAL C. PICKER “Climate Change Justice,” in “Voting Squared: Quadratic Voting James Parker Hall Distinguished “Behavioral Finance Before Conspiracy Theories & Other in Democratic Politics,” Coase- Service Professor of Law; Senior Sandor Institute for Law and Kahneman,” 44 Loyola University Dangerous Ideas (Simon & Chicago Law Journal 1341 (2013). Fellow, the Computation Institute Schuster, 2014) (with Cass R. Economics Working Paper, No. 657 of the University of Chicago and Sunstein). (2014) (with E. Glen Weyl). “The Concept of Regulatory Argonne National Laboratory Capture: A Short, Inglorious “Cost-Benefit Analysis of Financial “A Winner’s Curse?: Promotions “Copyright and Technology: Deja from the Lower Federal Courts,” History,” in Preventing Regulatory Regulations: A Response to Capture: Special Interest Influence Vu All over Again,” 1 Wisconsin Criticisms,” Coase-Sandor Coase-Sandor Institute for Law and Law Review Online 41 (2013). Economics Working Paper, No. 667 and How to Limit It (Cambridge Working Paper Series in Law and University Press, 2013). Economics, No. 683 (2014); Public (2013) (with Mitu Gulati & Stephen Law & Legal Theory Working Paper, J. Choi). “Foreword: What Books on Law No. 473 (2014) (with E. Glen Weyl). Should Be,” 112 Michigan Law Review 859 (2014). “An FDA for Financial Innovation: Applying the Insurable Interest “How Gay Marriage Became Doctrine to 21st Century Financial Legitimate,” review of Michael J. Markets,” 107 Northwestern Klarman, From the Closet to the University Law Review 1307 (2013) Altar: Courts, Backlash, and the (with E. Glen Weyl). Struggle for Same-Sex Marriage (2012) and Jason Pierceson, Same- “Immigration Law and Institutional Sex Marriage in the United States: Design,” 80 University of Chicago The Road to the Supreme Court Law Review 1 (2013). (2013),” New Republic, July 2013, “Inside or Outside the System?,” at p.40. 80 University of Chicago Law Review 1743 (2013) (with Adrian Vermeule).

F A L L 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 55

Fac Scholrship Publication 2014 A1_u1.indd 55 9/15/14 9:53 AM FacultyNews

“Mock Trials and Real Justices and “The Noose, Ole Miss, and Free Judges,” 34 Cardozo Law Review Speech,” Huffington Post, February 2111 (2013). 21, 2014. Review of Louis Kaplow, Competition “The NSA’s Telephone Meta-Data Policy and Price Fixing (2013), 79 Program is Unconstitutional,” Antitrust Law Journal 761 (2014). Huffington Post, January 11, 2014. “The Supreme Court and Celebrity “The NSA’s Telephone Meta-Data Culture,” 88 Chicago-Kent Law NICHOLAS STEPHANOPOULOS GEOFFREY R. STONE Program: Part I,” Huffington Post, Review 299 (2013). December 24, 2013. Assistant Professor of Law Edward H. Levi Distinguished “Trademark Law: An Economic “The Consequences of Service Professor of Law “The NSA’s Telephone Meta-Data Perspective,” in Trademark and Consequentialist Criteria,” 3 UC The First Amendment, 2014 Program: Part II,” Huffington Post, Unfair Competition Law Volume Irvine Law Review 669 (2013). Annual Supplement (with Louis M. December 29, 2013. 1: Themes and Theories (Edward Seidman, Cass R. Sunstein, Mark “Elections and Alignment,” 114 “The NSA’s Telephone Meta-Data Elgar, 2014). V. Tushnet, and Pamela Karlan) Columbia Law Review 283 (2014). Program: Part III,” Huffington Post, “The United States Has a Deficit (Aspen, 2014). January 4, 2014. Problem that Threatens Its “The Future of the Voting Rights The NSA Report: Liberty and “The Nuclear Option: A Sad Day Future,” in Government Spending Act,” Slate, October 23, 2013. Security in a Changing World for America,” Huffington Post, (Greenhaven Press, 2013). “The Roads to Same-Sex (Princeton University Press, 2014) November 23, 2013. “Why Is There No Marriage,” Huffington Post, (with Richard Clark, Michael “President Obama Asked Me to Today?,” 10 Econ Journal Watch January 9, 2014. Morell, Cass R. Sunstein & Peter Review the NSA. Here’s How I 210 (2013). Swire). “The South After Shelby County,” Grade His Reforms,” The New 2013 Supreme Court Review 55 The Supreme Court Review, volume Republic, January 18, 2014. (2014). 2013 (2014) (edited with Dennis J. “President Obama’s Review Group Hutchinson and David A. Strauss). “Time to Get the Foxes (Illinois on Foreign Intelligence Surveillance Politicians) Out of the Henhouse “Behavior of Supreme Court and Protecting the Privacy Interest (Legislative Redistricting),” Chicago Justices When Their Behavior of Non-Citizens,” The Indian Tribune, July 19, 2013, at p.19. Counts the Most: An Informal Express, December 24, 2013. Study,” 97 Judicature 82 (2013). “The Voting Rights Amendment Act “Protecting Citizens and Their of 2014: A Constitutional Response “Celebrating Sullivan: The Central Privacy,” New York Times, JULIE ROIN to Shelby County,” American Meaning of the First Amendment,” December 20, 2013. Seymour Logan Professor of Law Constitution Society Issue Brief Huffington Post, March 10, 2014. (May 8, 2014) (with Samuel “Protecting the Nation While “Public-Private Partnerships and “The Death of DOMA,” The Indian Bagenstos, Gabriel Chin, Gilda Upholding Our Civil Liberties,” The Termination for Convenience Express, July 2, 2013. Daniels, and William Yoemans). Chicago Tribune, December 22, Clauses: Time for a Mandate,” 63 “The Difference between 2013. Emory Law Journal 283 (2013). Conservative and Liberal Justices,” “Race in America: A More Perfect Huffington Post, November 4, 2013. Union?,” Huffington Post, July 22, “House Republicans and the 2013. Betrayal of Democracy,” Huffington “Reflections on the FISA Court,” Post, October 3, 2013. Huffington Post, July 6, 2013. “Inside the President’s Review “Stop-and-Frisk: Why We Have Group: Protecting Security Courts,” Huffington Post, August and Liberty,” Huffington Post, 14, 2013. December 22, 2013. GERALD ROSENBERG “Is the NSA’s Bulk Telephony Associate Professor of Political Meta-Data Program Science and Lecturer in Law Constitutional?,” Huffington Post, “The Hollow Hope: Can Courts January 4, 2014. Bring about Social Change?,” in “Is the NSA’s Bulk Telephony Readings in American Politics: Meta-Data Program Constitutional?: Analysis and Perspectives, Ken Part II,” January 7, 2014. Kollman, ed. (2nd ed.) (W.W. Norton, 2014).

56 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Fac Scholrship Publication 2014 A1_u1.indd 56 9/15/14 9:53 AM “The President and the NSA,” “Designing Subsidies for Low “A Solution to the Collective Huffington Post, January 20, 2014. Carbon Energy,” 20 The Journal of Action Problem in Corporate Environmental and Sustainability Reorganization,” HLS Forum “Understanding Cause and Effect,” Law 1 (2013). on Corporate Governance and Huffington Post, July 28, 2013. Financial Regulation, October 24, “Signaling with Audits: Mimicry, “What I Told the NSA,” Huffington 2013 (with Eric Posner). Wasteful Expenditures, and Non- Post, April 2, 2014. Compliance in a Model of Tax “Why Bush Violated the Fourth Enforcement,” Harvard Kennedy Amendment, and Obama Has Not,” MARK N. TEMPLETON School Faculty Research Working The Daily Beast, July 2, 2013. Assistant Clinical Professor Paper Series (2014). of Law and Director, Abrams “The Social Evaluation of Environmental Law Clinic Intergenerational Policies and “Lessons from the Deepwater Its Application to Integrated Horizon Oil Spill Regarding the Assessment Models of Climate Effectiveness of the Clean Water Change,” in Distributional Aspects DIANE P. WOOD Act and the Oil Pollution Act of of Energy and Climate Policies Senior Lecturer in Law 1990,” in Energy Law in the 21st (Edward Elgar, 2013) (with Louis Century: Views from the U.S. and Kaplow & Elisabeth Moyer). “Keynote Address: Is It Time Russia, Gary Allison, ed. (American to Abolish the Federal Circuit’s LIOR STRAHILEVITZ Bar Association, 2014). Exclusive Jurisdiction in Patent Sidley Austin Professor of Law Cases?,” 13 Chicago-Kent Journal “How Many Years of Famine to of Intellectual Property 1 (2014). Follow Seven Years of Feasting for “Our 18th Century Constitution in VAPs?,” PrawfsBlawg, April 23, 2013. the 21st Century World,” in The “The iPhone, not the Eye, is Embattled Constitution (New York the Window into the Soul,” University Press, 2013) (reprint of PrawfsBlawg, March 6, 2013. 2005 Madison Lecture). E. GLEN WEYL “Personalizing Default Rules and “The Structure of Sovereignty,” Assistant Professor in Economics 80 Lewis & Clark Law Review 215 Disclosure with Big Data,” 112 DAVID A. WEISBACH and the College, Associate (2014). Michigan Law Review 1417 (2014) Walter J. Blum Professor of Member, Law School (with Ariel Porat). Law and Senior Fellow, the “Benefit-Cost Paradigms in Computation Institute of the Financial Regulation,” Coase- University of Chicago and Sandor Institute for Law and Argonne National Laboratory Economics Working Paper, No. 660 “Audits as Signals,” 81 University (2013); HLS Forum on Corporate of Chicago Law Review 179 (2014) Governance and Financial (with Maciej H. Kotowski & Richard Regulation, November 24, 2013 Zeckhauser). (with Eric Posner). “Climate Impacts on Economic “An FDA for Financial Innovation: DAVID A. STRAUSS Growth as Drivers of Uncertainty Applying the Insurable Interest Gerald Ratner Distinguished in the Social Cost of Carbon,” Doctrine to 21st Century Financial Service Professor of Law Coase-Sandor Institute for Law Markets,” 107 Northwestern and Economics Working Paper, No. University Law Review 1307 (2013) The Supreme Court Review, volume 652 (2013) (with Elisabeth Moyer, (with Eric Posner). 2013 (2014) (edited with Dennis J. Michael D. Woolley & Michael J. “How to Make Poison Pills Hutchinson and Geoffrey R. Stone). Glotter). Palatable,” New York Times, July “The Neo-Hamiltonian 18, 2013 (with Eric Posner). Temptation,” 123 Yale Law Journal 2676 (2014). “How to Make Sure the Volcker Rule Survives in Court,” Bloomberg “We the People, They the People, View, December 11, 2013 (with Eric and the Puzzle of Democratic Posner). Constitutionalism,” 91 Texas Law Review 1969 (2013).

F A L L 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 57

Fac Scholrship Publication 2014 A1.indd 57 9/11/14 1:36 AM DevelopmentNews

Dear University of Chicago Alumni, It is my distinct pleasure to serve as your new Associate Dean for External Affairs. I returned last May to the school where I started my career in higher education under the deanships of Geof Stone and Douglas Baird. In the intervening years, as Assistant Dean first at Northwestern Law and most recently for six years at Loyola University Chicago School of Law, I have deepened my knowledge of legal education and the many essential ways in which alumni strengthen their schools by sharing their career expertise, peer networks, volunteer leadership, and financial support. It has been a thrill to see that our Chicago Law intellectual environment is as stimulating as ever, the academic offerings enriched and expanded, and our students achieving in astounding measure. More than 55 percent of our alumni were involved over the academic year ending June 30, either as event attendees, donors, or volunteers. Record reunion-year giving (see article below), a strong Firm Challenge, and enthusiastic student Class Gift donations fueled our Annual Fund result of $4.4 million, while overall giving totaled an impressive $34 million. In these pages, you will read about several new philanthropic gifts that will have lasting impact for our students in the areas of entrepreneurship, public interest, and business law. Under the dynamic leadership of Dean Michael Schill, we are poised to join the university in launching the public phase of our campaign on October 29. I hope you will be as inspired as I am by these alumni and consider your own way of participating. My colleagues in External Affairs are constantly on the move to visit with you on campus, in Chicago, around the nation, and even internationally. We appreciate your advice, support, and tremendous good will in partnering with us, and I look forward to meeting many of you in person over the coming year. Warmest regards, Annina Fabbioli Associate Dean

Reunion The Law School welcomed nearly 900 alumni and friends back to campus for Reunion Weekend 2014. More than $4.5 million was raised by the Reunion Classes to support the Law School Annual Fund, student scholarship aid, faculty research, Public Interest Fellowships, and the clinics. None of this success would have been possible without the hard work and efforts of the Reunion Chairs and several hundred Committee Members who worked tirelessly over the course of the year. Thank you so much to everyone who made Reunion 2014 such an incredible success!

Reunion Chairs Thank You Reunion 2014 Classes! Reunion Class Participation Total Cash and 1964 1979 1999 Year Rate Pledges Raised Lillian Kraemer Fred Sperling Sandy Morris 50th 1964 56% $431,984 Alan Orschel Betsy Werley Gavin Wasserman 45th 1969 53% $442,746 Mitch Shapiro 1984 2004 40th 1974 51% 1969 Marc Baum Daniel Prince $661,114 John Delehanty Dan Doctoroff Guang Ming Whitley 35th 1979 49% $439,157 1974 Maureen Whiteman 2009 30th 1984 45% $1,118,500 John Michael Clear 1989 Alex Kolod 25th 1989 42% $1,624,434 Doug Clark Brett Reynolds Matt Rooney 20th 1994 54% $402,999 Kay Schichtel Brig Pari 15th 1999 28% $124,050 1994 10th 2004 38% Julia Bronson $42,040 Christian McGrath 5th 2009 42% $15,295 Ted Ullyot

58 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Development A.indd 58 9/10/14 11:21 PM A Gift from Entrepreneurs to in New York. When she returned to Chicago in 1991, she was surprised to see that many of her friends and colleagues Support Entrepreneurs were not volunteering. “They didn’t know where to turn to find the right opportunities,” she said, “and they were afraid A gift from Leslie Bluhm, ’89, and her husband David of becoming overcommitted, given their very busy lives.” Helfand has further strengthened the Law School’s Chicago Cares—which is now the largest organization already-extensive business and entrepreneurship training of its kind in the Midwest—creates impactful, hands-on for its students. volunteer experiences connecting people, communities, The gift provides funding for a clinical fellow who and causes. It is the only nonprofit that addresses needs will supervise law students interested in start-ups and across the full spectrum—from hunger to education other entrepreneurial to job readiness—through innovative team volunteer activity and will facilitate efforts. In the process, the organization empowers people students’ participation with to lead, creates links between neighborhoods, and seeks entrepreneurial groups in to transform the city for good. Since its founding in programs elsewhere on 1991, Chicago Cares has mobilized more than 500,000 the university campus, volunteers through its programming. particularly at the Booth Bluhm also designed an innovative financing method for School of Business. Mr. Chicago Cares: roughly 75 percent of the organization’s Helfand, who is copresident income is derived from donations to its Corporate of Equity Group Investments, Volunteer Program, which creates customized, hands-on earned his business degree group volunteer projects that are consistent with Leslie Bluhm, ’89 from the Booth School. companies’ team building, leadership development, and The law students will participate in programs that philanthropy initiatives. include the New Venture Challenge and the Social New Although she passed the day-to-day leadership of Chicago Venture Challenge at the Booth School’s Polsky Center Cares to a new executive director a few years ago, Bluhm is for Entrepreneurship and Innovation. In those programs, still actively involved in the organization’s initiatives, such as Booth students and others conceptualize, develop, and the Student Service and Leadership Program. The Chicago launch new ventures that are either traditional business Public School students in that program identify critical ventures or socially oriented enterprises. The law students needs in their communities and then create and implement will also participate at the university’s Chicago Innovation hands-on service projects that respond to those needs. Exchange, a hub for multidisciplinary collaborations and Ms. Bluhm and Mr. Helfand have acted to encourage support for business start-up activities. new thinking outside the Law School, too. In 2011 they The Bluhm/Helfand fellowship complements other created the Bluhm/Helfand Social Innovation Fellowship, recent additions to the Law School’s business-related which provides socially minded innovators, entrepreneurs, programming, including the Doctoroff Business Leadership and change agents under the age of 35 with exposure to Program, the Scott and Kathleen Kapnick Leadership and nationally recognized business and community leaders, Professionalism Initiative, and the Corporate Lab. funding to support their causes, and a platform for growth. Dean Michael Schill observes, “Our students increasingly Bluhm sees the new fellowship at the Law School as an want to use their legal, business, and analytical skills to apt commemoration of the past as well as an important create and collaborate on new ventures. This generous gift, contribution toward the future. “David and I met when we from two donors who are exemplary entrepreneurs in their were in the same business law class at the Law School, so this own fields, enables us to provide our students with the fellowship, which will further strengthen ties between law hands-on experience and seasoned guidance that will help students and their counterparts in the business school, seems them achieve their own entrepreneurial goals.” particularly fitting. It’s a way for us to show our appreciation Leslie Bluhm’s entrepreneurial venture, Chicago Cares, for the educations we received and the opportunities we arose from the intersection between a passion of hers and were able to pursue as a result, and I know it will also help an unmet need. An avid volunteer as she was growing create future generations of entrepreneurs and advisors up, she continued volunteering while she was at the Law who will change our world for the better.” School and then when she was an associate at Skadden Arps

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 59

Development A_u1.indd 59 9/15/14 10:13 AM DevelopmentNews

Public Interest Fellowship Frees uninsured patients; and helped start a scholarship program for foster children who attend community college. They Students to Choose Career Path served under both Democratic and Republican governors to make housing more affordable for all Virginians and Barbara J. Fried (née Vogelfanger), ’57, AB’54, has created held leadership positions in dozens of local charitable the Mark and Barbara Fried Fund for Public Interest in organizations throughout the state. the Law School. Her gift endows a one-year public interest Mrs. Fried currently chairs the Virginia Foundation for fellowship for a Law School graduate and provides support the Humanities, serves on the Board of Visitors at the for a second such fellowship. It is part of a larger gift to the University of Virginia, is emeritus chair of the Sorensen University from Mrs. Fried, through which the College also Institute for Political Leadership at the University of receives funding that will be used to support internships, Virginia, and is an emeritus trustee of the George Mason programming, and staffing to promote public interest careers. University Foundation. Mr. Fried served as a director or Mrs. Fried’s husband, Mark Fried, ’56, passed away in trustee or organizations that included the George Mason 2010. They met while he was a student at the Law School University Foundation and the Virginia Community and she was an undergraduate College Foundation. in the College, and they “Barbara and Mark Fried epitomize what is great about married shortly after she the University of Chicago Law School,” says Dean Michael graduated. They practiced Schill. “They took their educations and became great law together for twenty entrepreneurs and philanthropists. Barbara’s dedication to years before they created the the world of public affairs is inspiring. I am so pleased that Virginia-based real estate she has taken a leadership role in supporting our efforts to business Fried Companies. train lawyers who will take on some of the world’s greatest One reason for her gift, problems and challenges.” Mrs. Fried says, is that career Both Mr. and Mrs. Fried served on the Law School’s decisions today are not what Visiting Committee. In 2007, they endowed the Mark and Barbara J. Fried, ’57 they once were: “In my day, Barbara Fried Professorship at the Law School, which has things were pretty much mapped out and you followed been held by Emily Buss since its inception. At the time the prescribed plan, but today’s young people are much that gift was made, Mr. Fried said, “We wanted to support more flexible in their decisions about life and work, and the work of a faculty member dealing with important perhaps more determined to find meaning, direction, and social issues, and Professor Buss fits that description.” purpose as quickly as possible. Debt can interfere with “The Law School—and for me, the College, too—opened freely choosing a path, so these fellowships let Law School many opportunities for Mark and me, and enriched the graduates try out public interest work, to see whether they quality of our lives in so many ways,” Mrs. Fried says. “We find a real vocation there. I’m confident that many will, have been happy to give back; it would be ungrateful not and our society will be better for it.” to. Now that our five grandchildren are in various stages Together, Mr. and Mrs. Fried served the public interest of their own educations, I only hope that they will be as in many ways. They cofounded Innisfree Village, a fortunate as Mark and I were. And if they are also lucky residential community for developmentally disabled enough, as we were, to meet the person they want to spend adults; created a therapeutic horseback riding program for their lives with, that will be a wonderful bonus.” children and adults with physical and mental disabilities; organized a coalition of Virginia dentists to serve

60 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Development A_u3.indd 60 9/16/14 11:27 AM New Named Visiting Professorship at legal issues and made decisions. That experience was formative, enabling me to initiate the M&A practice when for Doctoroff Program I returned full-time to Sidley in 1985, and also informing my corporate governance practice, which is transactionally Gifts from Thomas Cole, ’75, and the Sidley Austin oriented, focusing on how boards make decisions.” Foundation have created the Thomas A. Cole–Sidley Last year, Cole resumed teaching the corporate Austin Distinguished Visiting Professorship in Business Law. governance seminar at the Law School that he led for six The professorship adds another prominent faculty years in the 1990s but then had to set aside because of his presence within the Law School’s Doctoroff Business firm leadership responsibilities. “I’m very happy to be back Leadership Program. It is held this year by Steven Kaplan, teaching at this school that I so love and admire,” he says. who has served on the faculty of the Booth School of Cole has served five terms on the Law School’s Visiting Business since 1988 and has also been the faculty director Committee, has been a member of the Law School of the Booth School’s Polsky Center for Entrepreneurship Business Advisory Council since its formation, and has and Innovation. Kaplan, who served as a volunteer at many reunions. He is a trustee of has taught at the Law School the University of Chicago, and he recently retired from the twice before, will teach board of Northwestern Memorial Healthcare after twenty entrepreneurial finance. years of service, including a term as board chair. Thomas Cole, a Sidley Carter Phillips, who succeeded Cole as Sidley’s executive Austin partner, stepped down committee chair, says, “Tom helped manage our law last year as chair of the firm’s firm through unprecedented growth and prosperity. executive committee after 15 In searching for a meaningful way to recognize his years in that position. Cole’s contributions to the firm, we could identify no better way practice has focused on to do that than to contribute to a professorship at the public company mergers and University of Chicago Law School, which has been and still Thomas Cole, ’75 acquisitions and corporate is such an important part of Tom’s professional life.” governance. He has been involved in scores of notable This is the second professorship to carry the Sidley Austin transactions, including more than 35 mergers and spin-offs name. Lior Strahilevitz has been Sidley Austin Professor of valued at more than a billion dollars each. He says: “I came to Law since that chair was established in 2011. the Law School wanting to be a corporate lawyer, without Dean Schill observes: “Tom Cole has for decades been understanding what that really meant. I learned what it the gold standard in American corporate law and he has meant from a great faculty, and none greater than Walter also been one of the Law School’s greatest supporters Blum—any class he taught, I took. I’ll be grateful to and advocates. Sidley has for years enjoyed a special him forever.” relationship with the Law School. More of our graduates Cole joined Sidley right out of law school. Seven years are attorneys at Sidley than at any other law firm in the later, having become a partner, he also became (while nation. I couldn’t be happier and prouder than to have retaining his partnership role at Sidley) vice president for law a professorship named after Tom and the firm that will at Chicago-based Northwest Industries, then a Fortune honor both in perpetuity.” 100 conglomerate. He held that position for three years. “At a relatively young age,” Cole recalls, “I got to see first-hand how CEOs, general counsel, and boards looked

FALL 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 61

Development A.indd 61 9/11/14 2:08 AM AlumniIn Memoriam

1934 1948 civil rights. While managing John B. Wolff Roland C. Matthies Philip Baum international affairs for August 24, 2013 April 3, 2014 March 27, 2014 AJCongress, Baum “truly made Wolff was an attorney known Matthies, 103, of Springfield, Baum, 94, spent more than his mark,” Chanes wrote. “His for his many charitable activities Ohio, served as vice president a half century working at the five-decade tenure was one of including pro bono legal of Wittenberg University from American Jewish Congress, major change in the Jewish work. A lifelong White Sox 1954 to 1975, raising millions rising to executive director public affairs arena nationally fan, he saw both Babe Ruth’s of dollars for the school’s from the mid-1990s until and around the globe. He had “called shot” game and Mark endowment funds. A specialist 2001. Baum was remembered perfect pitch for the issues Buerhle’s perfect game, which in deferred giving, Matthies by Jerome Chanes in the New and, equally important, for was the last baseball game he began as business manager York Jewish Week as having the complex, indeed arcane, attended. Those who knew him of the school’s then-new US “exemplified the organization. dynamics of the organizational will miss his sense of humor, Army Air Cadet Training Brilliant, idiosyncratic, structures of the Jewish compassion, and integrity. Program during World War passionate about social justice community.” George Anastaplo II and was named treasurer and Israel and captive Jewish February 14, 2014 of Wittenberg in 1945; after communities, he was shaped 1951 Anastaplo, AB ’48, JD ’51, retirement, he continued to by, and in his more than 50 Hubert E. Hermanek Sr. PhD ’64, taught for nearly serve on the school’s board of years there helped shape, July 2, 2013 six decades in the University trustees until 1988. Matthies AJCongress in the second Hermanek, 84, of Riverside, of Chicago Graham School served as head of his ROTC half of the 20th century.” Illinois, served in the US of Continuing Liberal and unit as an undergraduate Baum wrote the first memo Marines during the Korean Professional Studies. He was at DePaul University and making the legal case that War in the Judge Advocate denied admission to the Illinois was commissioned second Israel constituted a state under General’s Corps. He then bar in 1950 after refusing lieutenant in the US Army international law and another had a long career as a trial to answer whether he was a upon graduation, but asthma memorandum arguing in favor lawyer handling personal member of the Communist kept him from active duty. of Israel’s jurisdiction in the injury cases, and 20 years ago Party—and for answering in During his working years, capture of Adolf Eichmann. he joined the firm of his son, the affirmative when asked Matthies served as an expert Stateside, Baum was closely Hubert Hermanek Jr., where whether Communist Party on charitable deferred giving involved in the crafting of he worked until two months members should be allowed to and on taxation as it affects dozens of briefs to the US before his death. Hermanek practice law. Anastaplo argued philanthropy. He was a Supreme Court on church- also served in the Riverside his own case before the Illinois musician, serving as a founding state, civil liberties, and Auxiliary Police Corps for member of the Springfield more than 30 years, retiring at Symphony Orchestra, where the rank of captain. “He just he played violin, and as a bass absolutely loved it,” his son, vocalist in the acclaimed Swift Hubert Hermanek Jr., told the and Company Male Chorus Riverside-Brookfield Landmark. and the East Chicago Male “His two loves were being an chorus. Matthies also was active auxiliary police officer and regionally and nationally in the being a lawyer. He never took Lutheran Church. vacations. … My dad had a very good, full life.”

62 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

In memoriam Fall 2014 A_u1.indd 62 9/15/14 10:28 AM and US Supreme Courts, and 1952 particularly the New York natural resources are a public Justice Hugo Black, comparing Thomas W. Yoder Times and Wall Street Journal, trust that require protections. Anastaplo to Clarence April 2, 2014 as well as biographies and As a law professor at the Darrow and other brave Yoder, 86, spent several economics books. Yoder also University of Colorado in lawyers, wrote a dissenting decades with a general practice volunteered for the Rotary the early 1960s teaching opinion famously asserting, firm in Fort Wayne, Indiana, Club of Fort Wayne, the courses on natural resources “We must not be afraid to then known as Livingston, Masonic Temple, Mizpah law, Sax realized his students be free.” While the case was Dildine, Haynie & Yoder (now Shrine, and the Visiting Nurse likely would go on to help under appeal, Anastaplo Carson Boxberger, LLP). A US Service. companies extract resources, worked on his doctorate in Army Air Force World War mainly from public lands, the Committee on Social II veteran, Yoder practiced as 1956 and wondered why there Thought, and in 1957, he a trial lawyer handling both Allen S. Person was no public component to joined the faculty of the Basic insurance defense litigation February 24, 2014 natural resources law. He later Program of Liberal Education and public utility law for found an answer, writing that 1958 for Adults and continued to such clients as Farm Bureau natural resources are a public William S. Kaufman teach until December 2013. Insurance, Norfolk Southern trust that citizens have the January 2013 He also taught at Dominican Railroad Company, and right to sue to protect from University (then Rosary Indiana & Michigan Electric 1959 individuals, businesses, and College) and later at the Loyola Company as well as its parent, Joseph L. Sax even the government. This University School of Law. American Electric Power March 9, 2014 public trust doctrine has been Anastaplo wrote scores of Company. He was active Sax, 78, taught for decades at enshrined in at least a dozen books and hundreds of articles throughout his career in the the Universities of Colorado, state constitutions and has on subjects such as political Indiana State Bar Association, Michigan, and California, been affirmed as common law science, philosophy, religion, serving on its board of Berkeley, law schools. He in others; Sax himself wrote and classic literature. In 2005, governors. After retiring at age helped to shape environmental Michigan’s environmental act he was the inaugural recipient 80, Yoder immersed himself law in the United States— while teaching at University of of the Graham School’s in his lifelong enthusiasm and spark the environmental Michigan. Along the way, Sax Excellence in Teaching Award for sports, cheering on the movement—by reaching helped the Sierra Club’s efforts and received the school’s Chicago White Sox, the back to ancient Roman law to to guard against development Distinguished Service Award Washington State University establish the doctrine that along the Colorado River, in 2012. Cougars, and especially the joined a campaign to stop the Purdue Boilermakers, where use of DDT, and served as he held football season tickets counsel to Interior Secretary for over 40 years. Yoder Bruce Babbitt during the enjoyed swimming, scuba Clinton administration. In diving, ballroom dancing, and 2007 he received a Blue Planet attending the Indianapolis 500, Prize from the Asahi Glass an annual family outing for Foundation, which has been nearly 50 years. He avidly read compared to a Nobel for newspapers and magazines, environmental science.

F A L L 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 63

In memoriam Fall 2014 A_u1.indd 63 9/15/14 10:28 AM AlumniIn Memoriam

1960 breed who would take cases 1979 1985 David K. Anderson simply because they felt this Michael Joseph Shortley Stephen Richard Hertz September 19, 2013 person needed to be defended.” May 7, 2014 May 2014 Cohn volunteered as a civil Shortley, 59, spent most of his Hertz, 55, was a partner at 1962 rights attorney in the summer career in telecommunications Debevoise & Plimpton and a Frederick F. Cohn of 1964 after the murder law as part of the legal and prominent attorney in the field April 30, 2014 of three civil rights workers regulatory teams at Bell of mergers and acquisitions Cohn, 75, was a renowned in Mississippi. Later in life, Atlantic, Frontier (formerly as well as private equity criminal defense attorney Cohn taught criminal law and Rochester Telephone), Global buyouts. He advised clients who worked in the Cook procedure at John Marshall Crossing Telecommunications, such as Landstar System, County Public Defender’s Law School, and he served as and, most recently, Level 3 a transportation services Office before going into chairman of the Edgewater- Communications. In those provider, and Cambrex, a private practice with well- Uptown Building Task Force roles, he participated in two life sciences company, as well known defense attorney Julius in his Chicago neighborhood. cases before the US Supreme as private equity firms such “Lucky” Echeles. On the basis During the unrest surrounding Court and also argued cases as Stone Point Capital and of the belief that every alleged the 1968 Democratic National in the US Court of Appeals HarbourVest Partners. Hertz criminal deserved a robust Convention in Chicago, for the District of Columbia joined the firm in 1985 after defense, Cohn represented Cohn tried to calm the waters and the Ninth Circuit as well law school graduation and everyone from cop killers, to between shouting police and as the New York State Court became a partner in 2000. He those beaten by cops, to death demonstrators—and somehow of Appeals. Shortley began wrote for Debevoise’s private row inmates. He took up the escaped unhurt when they did his legal career as an associate equity newsletter about trends case of Black Panther leader not take up his urgings to talk at Hughes, Hubbart & in the private equity world; Fred Hampton when the latter out their differences peacefully. Reed, where he specialized in in one such piece, written was accused of robbery, as litigation and antitrust law. He last year with a number of well as other members of the 1965 was known for his incredible colleagues, he addressed the Black Panther Party in various Basil G. Condos work ethic, sense of humor, examinations of private equity proceedings. Judge Paul Biebel, August 22, 2013 love of cats, and enjoyment of firms being conducted by presiding judge of the Criminal running, having participated the Securities and Exchange Division of the Cook County 1974 in the Fleet Feet Rochester Commission. The New York Circuit Court, told the Chicago Paul Alan Strandberg Running Team and earned the Times noted that Hertz also Sun-Times, “He had a great August 4, 2014 “26.2” sticker displayed on the might have helped Debevoise knowledge of criminal law, and Strandberg, 66, of Roseville, back windshield of his car. “gain a measure of cultural was one of the last of the old Minnesota, spent more than stardom” as a friend of Aaron three decades working in the Sorkin, the creator of the TV public sector, in the Office show The West Wing, which of the Minnesota Attorney occasionally featured the General, the state Department law firm. of Agriculture, and the Ramsey County Attorney’s Office. Outside the office, Strandberg enjoyed reading, crossword puzzles, listening to music, and writing song parodies.

64 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

In memoriam Fall 2014 A.indd 64 9/10/14 11:26 PM Gerald Ratner, ’37, 1913–2014 Ratner received the Law School’s Distinguished Law Alumni Award in 1999. In 1931, the University of Chicago awarded Gerald Ratner Dean Michael Schill said the deans of the Law School a $300 annual scholarship to cover his undergraduate had a tradition of taking Ratner out for his birthday each tuition. A high school valedictorian who commuted on a year. “At these lunches he would regale us with stories streetcar every day from the city’s Southwest Side, Ratner about his time here in Hyde Park,” recalled Schill. “He graduated with honors from the College in 1935 and from loved every part of this university with every fiber of his the Law School in 1937. being. Gerry Ratner was one of a kind. We have lost a Ratner embarked on a successful legal career in Chicago wonderful man whose memory will be cherished.” and became a devoted and generous supporter of his alma The son of a neighborhood grocer, Ratner was born on mater. As Professor December 17, 1913. He grew up in the city’s Brighton Saul Levmore put it, Park neighborhood, where his mother ran a small store he was “one of the that sold candy, ice cream, tobacco, and other items while best ambassadors the single-handedly raising him and two other siblings. His University has sent mother’s hard-working style had a tremendous influence forth.” on him. Gerald Ratner, a senior “The Law School taught me to think and analyze,” he partner at the law firm told theChicago Maroon in May 2006. “Even if I wasn’t a of Gould & Ratner, lawyer, the education was valuable. There are many great died in his sleep on June universities, but none greater than the U of C.” 20. He was 100. Ratner also was an outstanding student-athlete. He played “We have lost a truly baseball while enrolled in the College and intramural generous, beloved, and football at the Law School. Although he dreamed of devoted friend in Gerald entering the world of professional baseball, he chose the Ratner,” said University stability of a law career after graduation and practiced for of Chicago President several years before joining the US Army during World Robert J. Zimmer. “We War II. He served as a military policeman stationed in Africa, Gerald Ratner, ’37 mourn his death while where he processed German and Italian prisoners of war. valuing our memories of his long and remarkable life. His He returned to Chicago, where he married his late wife, various achievements as a philanthropist, attorney, and Eunice, in 1948. In 1949, Ratner cofounded the law firm athlete live on as his legacy.” of Gould & Ratner, which, according to Crain’s Chicago A former varsity baseball player and a longtime advocate Business, counseled the Crown family on many headline for University of Chicago athletics, Ratner mentored deals over the past decades, including the 1959 merger student-athletes while emphasizing the value of physical of Material Service Corporation with defense contractor activity for all students. In 1998 he made a generous gift General Dynamics Corporation, and the 1961 sale of the toward what would become the Gerald Ratner Athletics Empire State Building. Center. Opened in 2003, the center is used by thousands Ratner practiced law for more than 75 years and of students, faculty, staff, and alumni each week. maintained a noon-to-midnight work schedule into his 90s. In April 2006, Ratner funded an endowed distinguished “Gerry was an extraordinarily kind and generous man, service professorship in the Law School, currently held by with a sweet disposition and a subtle intellect,” said Professor David A. Strauss, a constitutional scholar. Professor Geoffrey R. Stone, a friend of Ratner’s. “As an “I did these as my way of giving back to the University alum of both the College and the Law School, he was for what it gave to me. It was the springboard for my deeply devoted to the University and, above all else, to the career,” Ratner said in 2003. “I felt that any gift to well-being of its students.” this great University would, in turn, be magnified and Ratner is survived by his nephew William Ratner of multiplied a thousand times by what its outstanding Los Angeles. graduates and faculty could do for the world.”

F A L L 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 65

In memoriam Profiles Fall 2014 A1_u1.indd 65 9/15/14 10:37 AM AlumniIn Memoriam

Nancy Feldman, ’46, 1922–2014 six years she was board president at the Tulsa campus of Oklahoma State University, and for five years she served as Nancy Feldman (née Goodman), ’46, died earlier this one of three “professors of the city” appointed to develop a year, after a life filled with love, activism, accomplishment, plan to guide Tulsa’s future growth. and adventure. She derived special satisfaction from her lengthy terms on She met her husband, Raymond (Ray) Feldman, ’45, the national board of Planned Parenthood and of the Girl at the Law School. After he graduated and before they Scouts of the USA and as chair of Oklahoma’s Civil Rights were married, Ray moved back to his hometown of Commission during the presidency of Lyndon Johnson. Tulsa, Oklahoma, to start his law career. Going by train One day Nancy and Ray each filled out a lengthy to visit him, Nancy was magazine questionnaire about their values. Comparing outraged by the racial their results, they noted that “obedience” was last on each discrimination she saw of their lists, and “adventure” was first. That kicked their and told him she would already-extensive adventuring into high gear, and it was as never be happy living epic as everything else they did, including seven climbing under such conditions. trips in the Himalayas, world-class whitewater rafting, and Ray responded, “Marry living for long stretches with indigenous people in China, me and change it.” She India, Africa, New Guinea, and elsewhere. did, and she did, attacking Asked in a 2012 interview to describe a highlight of her all forms of discrimination life, Nancy answered: “Marrying Raymond, no question. throughout her life. For I never had any expectation of such a life. . . . I’ve had her accomplishments in 90 years of the best life of anyone I’ve ever known.” advancing opportunities Nancy and Ray Feldman have given generously to the for racial minorities, Law School. They provided funding that underwrites 10 women, children, and public interest fellowships each summer, and a gift they Nancy Feldman, ’46 people with disabilities, made last year allowed the Law School to appoint a full- she received more than 15 national, state, and local awards. time manager of the Pro Bono Service Initiative of the She was also a diligent advocate for the arts, successfully Public Service and Public Interest Law Program. They advocating for the inclusion of an expansive arts curriculum both served on the Law School’s Visiting Committee, throughout Tulsa’s public school system and serving as where they were forceful proponents of additional student president of three of the city’s major arts organizations. The opportunities related to public interest law and for more Jingle Feldman Award, named in honor of the Feldmans’ women on the faculty. late daughter Elizabeth, who was known as Jingle, is Professor Geof Stone traces Nancy’s impact on the Law presented annually to a Tulsan who has excelled in the arts. School back nearly 30 years: “I first came to know Nancy Nancy made her professional career not as an attorney when Gerhard Casper was dean and he put me in charge but as a university professor. Unable to find work in Tulsa of creating a public service program. Ray and Nancy as a lawyer—she said that in job interviews she was only Feldman were two of the people most interested in making asked how fast she could type—she found a position at the program possible, and when I succeeded Gerhard the University of Tulsa teaching sociology. She had never as dean, I had many meetings and conversations with taken a formal sociology class, but she believed, correctly, Nancy and Ray. Nancy was an insightful, generous, and that her sociologically oriented law school studies with committed individual who played a pivotal role in helping Robert Maynard Hutchins and Mortimer Adler, along me, and the Law School, think through these issues.” with her volunteer service with Legal Aid and the research “Nancy Feldman was, quite simply, a wonderful person,” skills she had developed as a Law Review editor, would Stone added. “We all will miss her.” help her get by. In the happy and rewarding 36-year Nancy was preceded in death by her daughter, Elizabeth scholarly career that followed, she published important “Jingle” Feldman. She is survived by her husband; two papers on urban sociology and taught and lectured sons, Richard and John; and six grandchildren. throughout the world. She served for nine years on the board of directors of the National Space Institute, for

66 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

In memoriam Profiles Fall 2014 A1_u1.indd 66 9/15/14 10:37 AM Jerome Katzin, ’41, 1919–2014 Katzin recalled Levi’s enduring influence on him during an interview last year, saying of the legal theory course that Jerome S. Katzin, ’41, died earlier this year, just twelve Levi taught, “That class possibly has meant more to me in days after the death of his beloved wife, Miriam. The my lifetime than any other course I took.” Katzins had been together for more than seventy-five The program made possible by Mr. Katzin’s gift is years, having first met when they were undergraduates at already achieving important outcomes and creating an the University of Chicago. enduring legacy. A core element of the program is an Mr. Katzin’s career was marked by significant invitation each year to several judges who spend time at accomplishments, and the philanthropic activities that the Law School, delivering lunchtime lectures to students, he and his wife undertook benefited the Law School engaging with faculty members, meeting with student and many other organizations, and providing commentary on new faculty organizations. scholarship by participating in the robust give-and-take of After graduating faculty workshops. from the Law School, Lior Strahilevitz, the Sidley Austin Professor of Law, said Mr. Katzin joined the that the Levi Program has exposed students and faculty to Securities and Exchange candid discussions of modern-day litigation and created Commission, eventually lasting bonds with many of the visiting jurists. “Often the becoming the director judges are visiting the Law School for the first time, and at of the Public Utilities the end of their visits, so many of them express eagerness Division. His time at to return for more sustained engagement with the students the SEC was interrupted and faculty,” Strahilevitz said. by extended service in Mr. Katzin’s philanthropic activities extended far beyond the US Army during the Law School. After he and Mrs. Katzin moved to the Second World the San Diego area in the 1980s, he was approached by War. After the SEC, a fundraiser and asked to donate money for the Judaic he worked until his Studies program at the University of California, San Diego. retirement in 1990 “I opened my big mouth,” he later recalled, “and the Jerome S. Katzin, ’41 as a partner at the next thing I knew I was committed to raising money for investment bank Kuhn Loeb and its successor firms. an endowed professorship.” He succeeded, creating the He pioneered the practice of arranging private financing first endowed chair at the university. He and his wife for rural electric utilities, helping to transform the continued to support the university in many capacities, American social and economic landscape. He told an and they each were awarded the Chancellor’s Medal for interviewer, “People don’t realize it today, but when I exceptional support in service of the university’s mission. graduated from the Law School only about a third of They also gave generously to other organizations in San all the farms in the US had electricity. We were able Diego and around the world, and they were honored by to supplement the government’s program by opening the San Diego Association of Fundraising Professionals hundreds of rural electrical co-ops to funding from the as Philanthropists of the Year. private capital markets. This method of financing has “For more than seventy years, Jerry Katzin made this raised several billion dollars over the years.” world a better place through his innovative legal work, his Mr. Katzin served on more than 20 corporate boards, civic engagement, and his expansive generosity,” said Dean including at technology giant Qualcomm and the former Michael Schill. “His life exemplified the fundamental Fortune 500 oil and gas company Coastal Corporation. values that this Law School has always He was also active in merchant shipping, in aircraft and sought to encourage and develop.” equipment leasing, and as a financial advisor to federal Mr. and Mrs. Katzin are survived by their children, and state entities. David, Dan, and Diane, and by two grandchildren, Erica A longtime friend and supporter of the Law School, Katzin and Katrina Kurnit. Mr. Katzin provided a substantial gift last year to endow the Edward H. Levi Distinguished Jurists Program. Mr.

F A L L 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 67

In memoriam Profiles Fall 2014 A1_u1.indd 67 9/15/14 10:37 AM AlumniIn Memoriam

This past school year was a very difficult one for the Law Harper was also an avid writer who enjoyed reading and School family. Three of our students passed away during the discussing literature with her short story club. “She was really 2013–2014 school year, a highly unusual and deeply tragic creative. That week before she passed … we met for breakfast experience for our entire Law School family. Laura LaPlante and read the short story she picked out,” Gonzalez said. was a member of the Class of 2014 and was posthumously Harper worked at the Centre for Applied Legal Studies awarded her diploma with her class in June. Abbie Harper in Johannesburg, South Africa, last summer as part of the and Jay Brooks were members of the Class of 2015. Law School’s international human rights program. In the Our hearts are broken. In these pages, we hope to share with essay she was required to write at the end of the program, you a small measure of what made each of them special, and her “humility and passion” for her work shone through we thank the Chicago Maroon for allowing us to print their clearly, Gardner said. fine stories. Abbie, Jay, Laura, and their families will be part “Abbie truly cared about her fellow students. … Her of our Law School family forever. personality came through most clearly in her suggestions for future students, where she provided detailed directions Abbie Jane Harper, 1990–2013 on how to avoid mistakes she had made,” Gardner wrote. By Stephanie Xiao “She went to such lengths to help make it less stressful for Abbie Harper, a second-year student in the Law School, future students to move to Johannesburg and help others.” died on November 14, 2013. She was 23. She is “What I enjoy and remember her most by is just her remembered for her intelligence, compassion, creativity, honesty and transparency,” Gonzalez said. “She was love for her family, and faith. completely relatable. Even though she’s had all these “[Her parents] asked that we share experiences, she was so down-to-earth.” with you that they are comforted by Harper is survived by her parents, her three sisters, her Abbie’s strong Christian faith and by brother-in-law, her nephew, and her four grandparents. how happy she was to be a student at the Law School,” Dean Michael Schill Jay W. Brooks, 1988–2014 and Dean of Students Amy Gardner By Harini Jaganathan wrote in an email to the Law School Jay Brooks, a second-year student in the Law School and community. “We hope we can take alum of the College (AB ’10), passed away on March 22, solace in the fact that … Abbie knew 2014, after a battle with cancer. He was 25. this was the place she was meant to be.” Brooks was an integral part of the Law School community Abbie Jane Harper Gardner also emphasized Harper’s and loved by his family and academic success and how much she enjoyed her classes. friends, Dean Michael Schill and “Abbie was an exceptional Law School student. She was Dean of Students Amy Gardner happy to be in class, and her professors talked about said in an e-mail sent to the Law the joy with which she approached even the sometimes- School community. “Jay had a stressful situation of being called on under the Socratic terrific sense of humor, which he method of questioning,” Gardner said. maintained even after it was clear Originally from Maryville, Tennessee, Harper graduated that the doctors’ prognosis was with degrees in journalism and political science from Miami correct,” Schill and Gardner wrote. University in Ohio in 2012 before matriculating at the Brooks, originally from Oak Law School as part of the class of 2015. She was active in Jay W. Brooks Forest, Illinois, served as a tutor the Law School’s Women’s Mentoring Program, the to students in the Chicago Public Schools as a part of Christian Legal Society, and intramural volleyball. She also the Law School’s Neighbors volunteer program and as mentored undergraduates through UChicago Careers in Law. a staff member of the University of Chicago Law Review. Second-year law student Jessica Gonzalez, the president Neighbors President Brooke Anderson said that when the of the Christian Legal Society, remembered Harper as Law School asked Brooks at the beginning of the school one of her first friends on campus. “Moving to Chicago year how they could support him through his treatment, was a huge shock to begin with, and it was something I he asked the school to organize a day of service, during bonded with her over since she also came from the South,” which 100 volunteers served at six organizations in Gonzalez said. Woodlawn and Hyde Park.

68 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

In memoriam Profiles Fall 2014 A1.indd 68 9/10/14 11:33 PM “Jay was a genuinely kind, bright, and generous friend the firm WilmerHale in Boston, where she worked as an who cared deeply about giving back to his community,” associate last summer. Anderson said. “It is telling of the kind of person Jay was “She had been talking about how excited she was to that when the Law School sought a way to help support him graduate in a few weeks and start her life in Boston,” said earlier this year, he chose a way that supported others.” LaPlante’s roommate Emily Heasley, ’14. “It is tragic As a high-achieving student in the Law School, Brooks that someone who was acting so selfishly and senselessly was named a Kirkland & Ellis Scholar, in recognition of caused the world to lose an amazing, selfless person with a being in the top five percent of his class after his first year. bright future ahead of her. I was blessed to have her as my He was also awarded the Joseph Henry Beale Prize for roommate and best friend, and I will miss her dearly, as outstanding legal research and writing during his first year. will all of the people who knew her.” Gardner said, “One of the things I will remember about During her time at the Law School, LaPlante served Jay is how he decided to spend his last days. He knew that as president of the Federalist Society, a libertarian and he almost certainly would not live long enough to graduate conservative group, and also as treasurer for the Law from law school, but still chose to take challenging classes, School Republicans. Her friend, current vice president study during his chemotherapy appointments, and keep for activities for the Federalist Society, and third year in actively engaging in class and with his friends for as long as the Law School, Michael Lanahan, said that LaPlante had he possibly could.” valued her relationships with friends who held different Professor Saul Levmore, who taught Brooks in two beliefs and ideologies. classes, said that “Jay was full of ideas and showed “She had wonderful conversations and friendships with enthusiasm for conversations about how the world people throughout law school from different ideologies, worked. That he stayed with us and valued his friends whether that’s our counterpart and education to the very end has caused my heart to turn liberal organization, the inside out many times during these past few months.” American Constitution Schill and Gardner said that Brooks “was a keen Society … or Law Students observer of and participant in politics.” While a student for Reproductive Justice, a pro- in the College, Brooks was an intern for the Obama choice group, but she cared more presidential campaign as well as for Alexi Giannoulias’s about the people than about US Senate campaign. After graduating, Brooks worked winning an argument,” he said. in Washington, DC, as a paralegal in an antitrust group LaPlante was an active before enrolling at the Law School in 2012. member of various other He is survived by his mother, father, stepmother, sister, student organizations, stepbrother, stepsister, and girlfriend. Laura Anne Sullivan LaPlante including St. Thomas More Society, the Law Women’s Caucus, and the Edmund Laura Anne Sullivan LaPlante, 1987–2014 Burke Society. She also served on the Dean of Students’ By Harini Jaganathan Advisory Board. Laura LaPlante will be remembered for her kindness, “Laura truly was a pleasure to work with in all of her leadership, and intellect. She died on May 2, 2014, at age 26. student organization endeavors, a student I consulted LaPlante died of injuries sustained from a car crash in to get a sense of student opinion on tough issues, and the early morning hours. A drunk driver headed the wrong one who still cared enough about her law school that six way collided head-on into the taxicab she was riding in on months before graduation, she agreed to serve on the Lake Shore Drive. Dean of Students’ Advisory Board,” said Dean of Students Dean of the Law School Michael Schill wrote in an at the Law School Amy Gardner. “Laura was funny, smart, e-mail to the Law School community, “I cannot make and the kind of student you hope to be friends with long sense of the passing of such a wonderful, vital young after graduation.” woman who would surely have done so much in her life She is survived by her mother, father, two brothers, to make the world a better place. At the same time, during sister, two grandmothers, and grandfather. Laura’s short time on earth she made an impact.” LaPlante originally hailed from Hancock, New Hampshire, and was slated to graduate in June and join

F A L L 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 69

In memoriam Profiles Fall 2014 A1.indd 69 9/10/14 11:33 PM Class Notes Section – REDACTED for issues of privacy

AlumniClass Notes

Master Litigator, Public Interest Advocate, and Proud Family Man This year the Philadelphia law firm cofounded and chaired by Mark of Trial Lawyers. He maintains a diverse, high-profile national trial Aronchick, ’74—Hangley, Aronchick, Segal, Pudlin & Schiller— and appellate practice, is deeply engaged in politics and governance further consolidated its reputation for excellence, being named 2014 from the national to the local level, and serves on the boards of many Pennsylvania Firm of the Year by Benchmark Litigation, recognized community organizations. as a “Pennsylvania Powerhouse” by Law360, and honored for At the Law School, he has served an extended term on the excellence by Chambers USA. Visiting Committee, and he has been a forceful advocate for programs to advance public interest law. He funded one of the first fellowships for students and alumni practicing public interest law, and he serves on the dean’s advisory committee. “I count myself as remarkably blessed,” he says. “I had wonderful parents and grew up in a small town with a diverse community. I met my wife Judi—who is now a radiology professor at the medical school of the University of Pennsylvania—when we were undergraduates, and we’ve been together more than 43 years. I always have had great mentors. My kids are spectacular. My faith is strong. My firm is successful. And I include the Law School right up there with the greatest blessings of my life. I was taught by an amazing faculty, and my time at the Clinic was transformative, shaping my sense of what Mark Aronchick, ’74 could be accomplished through the law. If the Law School has a more Aronchick himself recorded a major victory this year, adding to outspoken cheerleader than me, I’d like to meet that person.” the lustrous reputation he has earned during his career. He was lead He’s also looking out for future generations in many ways: counsel along with the American Civil Liberties Union in the federal mentoring many young people at any given time, teaching at the lawsuit that overturned Pennsylvania’s ban on same-sex marriage. University of Pennsylvania Law School, helping to develop a careful The case, Whitewood v. Wolf, was so persuasively argued and so succession plan so his firm retains its leadership position, and acting conclusively decided that not only has Pennsylvania’s conservative in many arenas to achieve a just society. governor declined to pursue an appeal, he has actively helped to He sees his children doing their parts, too. Son Jonathan discourage other possible interveners. followed up a degree from Brown with service on the US Senate In a career with many highlights, Aronchick says of Whitewood Committee for Environment and Public Works and is now pursuing a v. Wolf, “of all the things I’ve done in my professional life, this has law degree at Georgetown, where he is an articles editor of the law been among the most important and the most affirming. Americans journal. Daughter Sara Aronchick Solow, with a Yale Law degree, are reexamining their prejudices, and those misconceptions just finished clerking for Justice Breyer. She was one of a core group concerning our gay and lesbian citizens are evaporating. At no time of five people who directly helped Barack Obama prepare for his in our constitutional history has there been such rapid rethinking of debates before the 2012 election. He and his wife are, in his words, who we want to be. It has been so great to be a part of it.” “over the moon” about their one-and-a-half-year-old grandson Ethan Only a small sampling of Aronchick’s notable accomplishments and are awaiting the birth of a second grandchild this fall. can be provided here. Just eight years out of law school, he was “My kids are so much better, in their values and skills, than I appointed as the youngest City Solicitor in Philadelphia’s history. was at their age, and so are so many of the younger people that I He was one of the only attorneys in Pennsylvania ever to serve as encounter,” he says. “I am very hopeful. I think our country’s future is president of the Philadelphia Bar Foundation and Chancellor of the in good hands.” Philadelphia Bar Association. He is a fellow of the American College

80 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Class Notes Falll 2014 A_u2.indd 80 9/15/14 12:40 PM AlumniClass Notes

Leading in International Law and Business from Louisville

Matthew Hamel, ’86, is executive vice president, general counsel, I could at least understand the first principles and therefore ask the and secretary of Louisville-based Brown-Forman Corporation, one of right question. After that, it’s not hard to find someone who can the world’s largest makers and sellers of beverage alcohol. Offering figure it out,” Hamel says. “I might not know what the law is, but I brands that include Jack Daniel’s Tennessee whiskey, Woodford know what it should be, and that’s proven to be a good starting point Reserve bourbon, Finlandia vodka, Herradura tequila, and Chambord for reaching the best outcome.” liqueur, Brown-Forman does business in more than 135 countries. He further credits the Law School with helping him succeed with Hamel’s career has been marked his broader responsibilities as a member of Brown-Forman’s executive by global legal responsibilities in a team, where he is involved in major business decisions that include wide range of business enterprises. establishing corporate strategy and formulating crucial company-wide After joining White & Case after initiatives. “I often find myself thinking, ‘I didn’t take this class in graduating from the Law School, it law school,’ but the skills I learned at the Law School for analyzing wasn’t long before he was assigned problems and finding solutions have served me well,” he says. to the firm’s Stockholm office (he He serves on the Visiting Committee and is an enthusiastic had studied in Sweden as a Fulbright supporter of the Law School’s recent initiatives to prepare students for Scholar and spoke the language). careers in business, such as the Doctoroff Business Leadership Program. From there, he relocated to Warsaw Because Brown-Forman is a publicly listed company that is family Matthew Hamel, ’86 just as commercial activity there controlled—one of only about 130 such companies in the United States and elsewhere in central Europe was heating up after the fall of the —its governance environment presents many distinctive challenges, Berlin Wall. After four years abroad, he returned to the United States regarding nepotism and related-party transactions, for example. Hamel to take responsibility for legal matters in central and eastern Europe, has led the formation of a network of general counsel and other senior Turkey, central Asia, the Middle East, and Africa as general counsel governance officers from similarly structured companies. The group of Colgate-Palmolive’s International Business Development Group. meets twice a year to exchange information and advice. He next became general counsel and secretary at Factiva, a joint He and his family—wife Lena and daughters Emilie (a recent venture between Dow Jones and Reuters that aggregated business graduate of Northwestern) and Olivia (a sophomore at Yale)—find information online and made it available to subscribers worldwide. Louisville a hospitable place to call home. He is on the board of When Dow Jones bought out Reuters and integrated Factiva into a governors of the city’s Speed Art Museum, which is currently broader Enterprise Media Group (combining it with DJ Newswires undergoing a substantial multiyear expansion and renovation that and Indexes), Hamel became Vice President, Legal, of the group and Hamel believes will make it into a destination art museum, and he an associate general counsel of Dow Jones. In 2007, he moved into is a director of the Louisville-based Kentucky Opera. He notes with his current role at Brown-Forman. satisfaction that Louisville’s bustling arts scene is complemented by “Being responsible for legal matters in a wide array of countries its many excellent restaurants. at one time or another during my career, in several different “We have been happy everywhere we’ve lived,” Hamel says, “but industries, I haven’t always had every answer at my fingertips, but since we arrived in Louisville we really haven’t looked back.” thanks to my education at the Law School I have always trusted that

from alums in the area. … Dan Keating Nancy hails from USC Law and, more fiscal challenges. He also gives a big happy, healthy, and sleep deprived. “Other did his third tour of duty as interim dean importantly, she began her academic shout out to Rich Cordray, who is than that, we have nothing going on.” … at Washington University School of Law, career as a Bigelow Fellow!” Dan noted heavily featured in Elizabeth Warren’s Finally, Paul Rosenzweig reports that which, in our estimation, should make that law school applications have fallen book A Fighting Chance. … Mark he and wife Katie Kunzer have a new Dan the perpetual dean of interim deans. by about 50 percent in the last four Berkoff happily reports that he and his grandchild, Eli, who is their eighth! “And Fortunately, Dan reports: “Mercifully, my years, so “the third time as interim dean wife Anne just welcomed their second we bought land in Costa Rica.” Well, term ended this summer when we hired wasn’t exactly the charm.” His business child. His name is Benjamin and he joins not to toot our own horns, but we are Nancy Staudt to be our long-term dean. reorganizations background (including big sister Marie (19 months), and all are repaving our driveway after 25 years. Douglas Baird’s courses) apparently Hope you all are well and happy. served him well in trying to meet the

90 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Class Notes Falll 2014 A.indd 90 9/10/14 11:46 PM AlumniClass Notes

Relishing Doing on “M&A Work on Steroids”

Earlier this year, Sharon Zezima, ’89, led the legal team for the initial The 12 years she served at the giant video game company public stock offering (IPO) of GoPro, Inc., the high-flying San Mateo, Electronic Arts, where she became Vice President and Deputy California–based company that she joined last September as General General Counsel, shaped some important skills and perceptions. Counsel and Secretary. GoPro makes what has been called the most “I learned there to manage a department, and I learned a lot about successful camera of all time, a small, high-definition, mountable, the media and entertainment world that GoPro is entering,” she and wearable capture device that individuals use to document their says, adding that after having worked at law firms for 10 years and experiences and share them on social becoming a partner, “I also came to realize at EA how much I liked media platforms. GoPro has shipped being part of a consumer-facing company and part of an industry, more than 10 million cameras since the sense of continuity and of helping to build something.” For the its inception, taking in nearly a quality and quantity of her contributions, EA recognized her with its billion dollars in revenue last year annual “Superhuman” award. alone, and is embarking on a media At the Law School, she prepared herself to become a litigator, and platform strategy to enable its a role she carried out with gusto in her law firm positions, once consumers to better manage, share, handling six trials in a 12-month period. “I really loved doing and enjoy their GoPro content. Moot Court at the Law School, and it solidified my skills and GoPro’s stock price leapt by 103 reinforced my conviction about my career path,” she says. As her percent in the days right after its IPO. career progressed and she moved into other roles, other aspects of Sharon Zezima, ’89 But that wasn’t Zezima’s first red- her Law School experience remained with her: “From a whole lot hot IPO. Last May, as General Counsel of Marketo, she led the legal of exceptional teachers, I learned how to see beyond what exists, team for that company’s initial public offering. At year’s end, shares in to what could or should exist. That’s an essential skill for top-level Marketo had increased in price by more than 185 percent. lawyering, and it’s also essential for working in any business, “An IPO is like M&A work on steroids,” Zezima says. “Doing two of particularly an entrepreneurial one.” them in a year and a half made for a hectic, challenging, and exciting Outside of work, she co-founded The Salonnieres, a social time, and it was also very satisfying. At both GoPro and Marketo organization that helps accomplished professional women connect I worked with great internal people and a superb team of outside with each other, and she’s involved with Women’s Initiative, a counsel, things went smoothly, and there was never a dull moment.” nonprofit that helps low-income women develop entrepreneurial skills. Because GoPro had no internal legal staff when she was brought Married and with two children, Isabelle and Lucas, she lives in in, Zezima has been creating a legal infrastructure in addition to a home that she saw and couldn’t resist. “It’s my dream house, and handling the IPO and the other responsibilities of her positions. She we love the location, which is great for bringing up our children. has built a 10-person legal department, worked to communicate the The commute is long—about an hour each way—but it’s worth it.” value of that department throughout the organization, and focused Sharon Zezima might no longer be eligible for her former employer’s on contributing to the successful execution of the company’s plans. “Superhuman” award, but for all of her accomplishments—at work, “Things can change so fast in this highly entrepreneurial company that at home, in the community, and on the road—that designation still sometimes it feels hard to keep up, but my goal is to stay a step ahead seems to fit her very well. of what the company needs to accomplish its strategies,” she says.

very proud of him.” Her younger The highlight of my year was a spring In June, Maureen Sheehy and I and pieces from 36 different Shepard son, Harrison, will be starting his trip to Paris and Provence with my enjoyed Word for Word’s production stories to create an unusual and sophomore year at Syracuse University, mother and brother. We scheduled of 36 Stories by Sam Shepard, which thought-provoking piece of theatre. majoring in sports management. it for the end of my niece’s semester Amy Kossow wrote and directed. Andi Paley Vogel’s eldest, Todd, in Paris so she could join us. Tooling Amy seamlessly wove together bits is now a sophomore at UC Berkeley. around the French countryside with I unfortunately wasn’t able to them was the perfect break.

92 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Class Notes Falll 2014 A_u1.indd 92 9/15/14 11:22 AM Building a Career from One Interesting Job to the Next

Not long after she graduated from the College at the University of there were two years back at the DOJ’s Civil Rights Division, as Chicago in 1987, Julie Fernandes, ’94, met an influential mentor, the deputy assistant attorney general, primarily focused on voting rights, Chicago civil rights leader Al Raby, who gave her some life-shaping enforcement of Title VI of the Civil Rights Act, and international advice: “He told me, ‘If a job seems interesting to you, take it. If human rights issues. you like it, keep it. If you don’t like it, find another one.’ For a person Her year as the director of the Alliance to End Slavery and just out of college, that advice was so liberating—a message to Trafficking, full of policy and knee-deep in politics, resulted in many keep figuring out what wakes you up and always be doing work that accomplishments, including the signing by President Obama of an makes you feel most fully alive.” executive order strengthening protections against human trafficking. Fernandes has held many different “I’m a liberal Democrat, and proud of it,” she says, “but I think positions since leaving the Law the things I’ve always fought for are absolutely nonpartisan matters School, and each time she took on of human rights and dignity. I have worked with people from across a new challenge it was to follow a the political spectrum in everything I’ve done, engaging everyone louder wakeup call summoning her I can reach to eradicate discrimination and abuse. I owe a lot of to action. my ability to embrace that approach to the Law School, where “My jobs since law school discussion, debate, and constructive confrontation were welcomed have each been a different mixture everywhere—in classrooms, in hallways, in the Green Lounge. of law, policy, and politics,” Nothing sharpens your perspectives—and your wits—more than Julie Fernandes, ’94 Fernandes says. “Each aspect is the kind of earnest encounters I had every single day with very smart important, but they stretch different muscles and present different people who approach legal and policy issues from a wide variety challenges.” Her first three jobs out of law school fit primarily into of perspectives. It was the most valuable thing that could have the “law” category. The first was a fellowship at the American Civil happened to me; it’s been a large part of making me the person, 1991-1994 Liberties Union, where she was involved in litigation from the start, lawyer, and advocate I am.” challenging educational discrimination, particularly in the Deep Her current position, at the Open Society Foundations, is an intense South. Next came a year clerking for Seventh Circuit Judge Diane P. combination of law, policy, and politics. With a portfolio that includes Wood, and after that a few years as a trial lawyer at the Civil Rights voting rights, campaign reform, and racial justice, she examines policy Division in the Department of Justice (DOJ). options, considers changes to obstructive laws, and works the politics Her DOJ position morphed into a policy/politics role when she of making change happen. She’s also on the board of directors of the was assigned as a special assistant to President Clinton at the White American Constitution Society, and you can catch her on television House Domestic Policy Council, and when she returned to the DOJ, shows with Chris Matthews, Chris Hayes, and others. she took on a policy-focused role as an advisor to the Assistant “I’m not going to say my work isn’t frustrating sometimes, but you Attorney General for Civil Rights. find a place where you can help, you bite into a piece of a problem, you Then came six years of mostly politics at the lobbying arm of do what you can, and you live to fight another day,” she says. “And the civil rights movement, the Leadership Conference on Civil and I have a great family, my husband and two wonderful children, who Human Rights. There, she helped lead campaigns to reauthorize the matter more to me than anything else. I wake up every day happy to be Voting Rights Act and to pass the Lilly Ledbetter Fair Pay Act. Then who I am where I am, and happy to be doing what I’m doing.”

Dan Rabinowitz and Rachel Gibbons and regulatory advice in the insurance Conference Institute’s Advanced Forum insurance disputes, international looked great at Reunion!!!!!! Dan is industry. Recently, he assisted client on Insurance- Linked Securities. arbitration and litigation, and general partner and cochair of the Insurance Stone Point Capital LLC in completing commercial litigation. Monte has It was also great to see Monte Practice Group at Kramer Levin Naftalis their acquisition of LTGC Holding Corp., lectured at the University of Crawford. Monte is a partner at DLA & Frankel LLP focusing on transactional the parent company of Long Term Care Law School on the topic of international Piper focusing in general corporate and Group, Inc., the largest provider of arbitration and international litigation. business litigation. His focuses include comprehensive outsourcing and claims internal corporate investigations, As for me, Sue Moss, I’m still doing management to long-term care insurers. family (and antifamily) law in NYC. Dan moderated a panel at the American

F A L L 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 99

Class Notes Falll 2014 A.indd 99 9/10/14 11:46 PM Alumni2014 Graduates

THE UNIVERSITY OF CHICAGO LAW SCHOOL GRADUATING CLASS OF 2014

For the Degree of Master Yongyun Su Lee Joseph Fitzgerald David Allen King, Jr. ***†‡ Julia Kathryn Schwartz * Deppermann of Laws Tingting Sun Kathryn M. Knue Maxwell Louis Schwartz **†‡ Nicholas Albert Deuschle Syed Jafar Alam Xueyan Sun Nikhil Rama Krishnan * Anthony Primo Sensoli Arif Hakim Dhilla * Catalina Estefania Aldunate Melvin Ricardo Tjon Akon Vivek Vijay Krishnan Jill Kassandra Serpa Heinecke Julian Dibbell Thales Tormin Saito Alison Elizabeth Krueger * Emily Marie Sharp-Kellar Stefania Alessi Benjamin P. Dobbins Stefano Torregiani Jay Kumar Ankur Shingal Waad Nasser S. Alkurini David Kwabla Dormon Marco Traversa James Johannes Kylstra **†‡ Dayron Silverio * Meherun Nisa Anand James Robert DuBray Yoshinori Usui Michael Brendan Lanahan * Jaswant Terrance Singh Shino Asayama Michael Daniel Educate Athina Van Melkebeke Laura Anne Sullivan LaPlante Ryan Vincent Smith * Dirk Anthony George Auer Spencer Isaac Eldred Maria Francisca Vasquez Elias Boris Lavent * Ignacio Sofo * Stephanie Jean Banham David E. Emer Tristan Verminck Muhyung Lee * Naomi S. Solomon Natalia Christina Barker William N. Evans * Clémence Sophie Viaud Esther Lifshitz Nicholas Nathan Spear **†‡ Ioannis Bazinas Patrick G. Faller Ai Watanabe Lindsey Kohler Livingston John Barrow Sprangers * Gautam Shrikant Bhat Michael Eli Fielkow Mengfei Xie Katherine Amanda Long Rajesh Ram Srinivasan * Yotam Blaushild Alexandria Ruth Knoester Filush Yao Yao Sarah Elizabeth Losh * Kenneth Lee Stalkfleet Louis-Alexandre Bouchard Jill Marie Fortney Rie Yokota Johnathan Douglas Lott * Mary Megan Stephens * Javier Manuel Calmell David Clinton Frankenfield Nadan Yu Eric L. Mackie Donald Robert Stevens Del Solar Monasi Elizabeth Ann Fulmer Hui Zhang Selina Jessie MacLaren Teodora Stoica * Carolina Canales Cama Jeffrey Michael Funston Xiaomeng Zhang Eva Yihua Mak Matthew F. Streit * Camila Carvalho Gomes Angela Manmohan Gandhi Patricia Anne Therese Mathy Kelsey Marie Stricker Liang Chen For the Degree of Doctor Hannah R. Garden-Monheit **†‡ Trevor Jacob Mayer * Matthew Niles Stucky * Kristoff Julia Freddy Cox of Jurisprudence Pedro Gerson Ugalde Zach Adam Mayo Catherine Beth Sullivan * Juan Pablo Crespo Correa Gilberto Hernandez Oseguera Sean McKenzie Gholz * Michelle Donas Mbekeani Brett Alan Swearingen Alvaro Ricardo Del Valle Roeder Jeff Alrik Gilson * Ryan Patrick McCarl * Trenton Don Tanner * Beatriz De Vita Amaral Mazzi For the Degree of Doctor Adina Tova Goldstein of Law Christina Marie McClernon Nicholas David Teichen Ines Fernandez Ulate Ashley Emma Graffeo Brian Ahn Jason Evan Meade * Brian Tenenbaum Patricia Fontes Lessa Megan Renée Grant * Alexander R. Akhter Christian Mejia Mark Adrian Thompson Ana Batia Glenk Ferreira Stephanie Carroll Gratton Saif Zamel Alaqili Anthony Joseph Moreno William Dean Thomson **†‡ Kristoffer Agner Gredsted Alice Yuk Ning Ha MaryAnn Tatiana Almeida * Alexandra Morgan * Brian William Tobin Caroline Charlotte Barbara Elizabeth Mary Hady Angélique Halembert Eric Christopher Alston Rachael Morgan John Arden Tracy * Kourtney Ira Hahn Osamu Hamada Fernando J. Alvarez-Perez Michael Niekrash Morrill * Alexandra Christine Traviss * Jared Blake Haines * Giorgio Ignazzi Brooke Elizabeth Anderson * Ezekiel Hillel Zvi Nadler **†‡ Erim Ergun Tuc Jeremiah Joseph Hansen Jun Ishii Charles Logan Anderson Julia Marie Napier Michael M. Turkel Kara Ann Harrington Daiki Ishikawa Laura Marjatta Bailis Rohit Nath **†‡ Channing Jay Turner Odeshoo Hasdoo * Mishita Jethi Randy Barcelo María Belén Navarro Jordan Landrum Von Bokern * Emily Marie Heasley * Lena Elise Kunz Zara Bari * Heather Annette Niemetschek Kevin Michael Waklatsi Patricia Mercedes Herold Georg Christian Langheld Lauren Claire Barnett **†‡ Leah Michelle Nudelman Robert Bayne Warfield Virginia Ruth Hildreth Fabien Raphael Liegeois Frederick Calvin Benson **†‡ Shoshana Rachel O’Brien Michael A. Wasil * Lana Hompluem Kanglin Liu Laura Bernescu * Matthew Lorenzo Olson * Frederick William Watson **†‡ Mengyuan Hou Kathryn Mary Lloyd Rachel Elizabeth Betts Megan Michelle O’Neill **†‡ Jennifer Martin Wheeler * Nascine Howell Chihiro Maeda Michael Shaughnessy Biehl * Karen Emily Orzechowski Bridget Mercedes Widdowson Julie Huh Anita Ewa Magraner Oliver Jaron Birkan Camila Maria Rey Panama Benjamin David Witte Neal Dwight Hutchinson Carlos Santiago Maqueda Christine Ann Bonomo * William Harris Panfel * Nora Wong Sarah Iftekhar Fourcade Tyler J. Born * Jullia Juyeon Park Robert Durham Woods * Aarti Iyer Monica A. Norzagaray Pedraza Brett James Bromann Soo Jeong Park Stephanie Irina Yesnik Nathan H. Jack **†‡ Antoinette-Rita Opeyemioluwa Aimee Woodward Brown **†‡ Anthony L. Parkhill Vincent Jonathan Ying Okoiye Lauren Elizabeth Jaffe * Benjamin Bellamy Brown Florence Italia Patti * Barrett Roland Hotchkiss Young Georgia Papalexiou Raphael Janove **†‡ Benjamin Moses Brown Priyanko Paul Randall D. Zack * Eyal Peled Isabella Maria Janusz Luke Jeremiah Burton Bradley James Pearson William Lawrence Ziegelbauer Sofia Peres Barbosa Sean Hoyoung Jeong * Charlotte Adelaida Castillo Monica Perdomo Áine Treasa Quirke Stephanie M. Johnson Yukiu Monica Chan * Nicholas Andrew Plassaras *** Highest Honors Zeyu Ren Abigail Boswell Johnston Grady Chang Israel Steven Pollack ** High Honors José Humberto Rocha Saade Kevin Michael Jones Joshua Chow Dayne Alexys Poshusta * Honors Analuz Sánchez Mejorada Raab Adam Michael Josephs * Justin Adam Cohen Caitlin Antoinette Rose Powell † Order of the Coif Christine Astrid Scherrer Eleanor Margaret Kahn Saul Daniel Cohen * John Flannery Pyne ‡ Kirkland & Ellis Scholar Lei Shi John Isaac Karin **†‡ Sean Joseph Cooksey **†‡ Jeyshree Ramachandran Olivier Pierre Christian Souleres Benjamin Tyler Kelly **‡ Benjamin Aaron Cousineau Samuel Alfred Ramos Hanock Spitzer Keith Alexander Kiles Kristin Lisa Coveney Christine Marie Ricardo Courtney Marie Cox ***†‡ Mary Madeline Roberts Alexander Nathan Cross *‡ Amelia Dolores Runyan * Kristin Sommers Czubkowski * Julia Rybakova Samantha Ann Daniels Andres Felipe Saenz Matthew S. Davis James Ronald Schulte **†‡

118 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Graduating Class Where are 2014 A.indd 118 9/11/14 12:08 AM WHERE ARE THEY NOW? THE CLASS OF 2014

ARIZONA Pasadena Brian Tenenbaum Jeffrey Funston Anthony Parkhill Image Duty Free Services, Inc. Kirkland & Ellis City of Chicago Department Lauren Barnett Phoenix of Law, Torts Division Hon. Sandra Ikuta, 9th Cir. Nicholas Spear Panama City Jeff Gilson Kirkland & Ellis Priyanko Paul Hon. Andrew Hurwitz, 9th Cir. Rohit Nath Johnathan Lott Equip for Equality Hon. Alex Kozinski, 9th Cir. Hon. Richard Smoak, N.D. Fla. Elizabeth Hady ARKANSAS U.S. Court of Appeals for Monica Perdomo Redwood City Tallahassee Little Rock the Seventh Circuit, Staff Jenner & Block Eva Mak Dayron Silverio Attorney’s Office Israel Pollack Zach Mayo Quinn Emanuel Hon. Mark Walker, N.D. Fla. Center for Class Action Fairness Odeshoo Hasdoo Dentons Sacramento Jones Day ILLINOIS Caitlin Powell CALIFORNIA Channing Turner Neal Hutchinson Kirkland & Ellis Chicago Irvine Hon. William B. Shubb, Latham & Watkins E.D. Cal. Eric Alston John Pyne Stephanie Johnson Comparative Constitutions Sarah Iftekhar Katten Muchin Rosenman Knobbe Martens San Francisco Project Sidley Austin Amelia Runyan Los Angeles Rachel Betts Brooke Anderson Lauren Jaffe Kirkland & Ellis Littler Mendelson Skadden Arps Edwards Wildman Brian Ahn Julia Schwartz Latham & Watkins Angela Gandhi Laura Bernescu Isabella Janusz Hon. Matthew Kennelly, N.D. Ill. Morgan, Lewis & Bockius LLP LAF, Public Benefits Practice Luke Burton Skadden Arps Group Anthony Sensoli Irell & Manella Nikhil Krishnan Michael Biehl Winston & Strawn Kirkland & Ellis Kevin Jones Benjamin Cousineau Kirkland & Ellis Skadden Arps Emily Sharp-Kellar KPMG Anthony Moreno Jaron Birkan University of Chicago Pritzker Quinn Emanuel John Karin School of Medicine Hannah Garden-Monheit City of Chicago Department of Law, Employment Litigation Hon. Richard Posner, 7th Cir. Hon. Stephen Reinhardt, Ankur Shingal Ryan Smith Division 9th Cir. Quinn Emanuel Kathryn Knue Mayer Brown Tyler Born Kirkland & Ellis Eleanor Kahn Ignacio Sofo Kenneth Stalkfleet Mayer Brown O’Melveny & Myers Hon. , Vivek Krishnan Chicago Legal Clinic 9th Cir. Kristin Coveney K&L Gates Soo Park Catherine Sullivan Katten Muchin Rosenman Morrison Foerster Alexandra Traviss Alison Krueger Latham & Watkins Chevron Matthew Davis Mayer Brown Rajesh Srinivasan Brian Tobin Winston & Strawn Hon. Mariana Pfaelzer, C.D. Cal. Randall Zack James Kylstra Sidley Austin Morrison Foerster Gary DeTurck Hon. Frank Easterbrook, 7th Cir. Teodora Stoica Kevin Waklatsi Mayer Brown O’Melveny & Myers Santa Monica Sarah Losh Jenner & Block Julian Dibbell Sidley Austin Kelsey Stricker Spencer Eldred Frederick Watson Mayer Brown Morrison & Foerster National Resource Defense Patricia Anne Mathy Kirkland & Ellis Council Benjamin Dobbins Schiff Hardin Menlo Park Jennifer Wheeler Skadden Arps Arif Dhilla COLORADO Trevor Mayer Hon. Edmond Chang, N.D. Ill. David Dormon Kirkland & Ellis Davis Polk & Wardwell Denver Benjamin Witte Katten Muchin Rosenman Alexandra Morgan Leydig Voit Mountain View Ryan McCarl Michael Educate Skadden Arps Hon. David Ebel, 10th Cir. Stephanie Yesnik Nicholas Plassaras Mayer Brown Fenwick & West Michael Morrill Skadden Arps CONNECTICUT Patrick Faller Mayer Brown Palo Alto Mayer Brown KANSAS Hartford Ezekiel Nadler Sean Jeong Bridget Widdowson Michael Fielkow Hon. Frank Easterbrook, Lawrence Skadden Arps 7th. Cir. Murtha Cullina Latham & Watkins Kristin Czubkowski Jeyshree Ramachandran Julia Napier Hon. Mary Briscoe, 10th Cir. FLORIDA Alexandria Filush Mayer Brown Goldberg Kohn City of Chicago Department Miami of Law, Appellate Division Jaswant Singh Jill Fortney Sullivan & Cromwell Fernando Alvarez-Perez Barnes & Thornburg Heather Niemetschek Bryan Cave LLP Liberty Justice Center

Randy Barcelo Megan O’Neill Stearns Weaver Hon. , 7th Cir.

James DuBray William Panfel Miami-Dade Public Defender City of Chicago Department of Law, Finance Division Boris Lavent Solo Practice

F A L L 2 0 1 4 n T H E UNIVERSITY OF CHICAGO LAW SCHOOL 119

Graduating Class Where are 2014 A.indd 119 9/11/14 12:08 AM WHERE ARE THEY NOW? continued

LOUISIANA Joshua Chow John Tracy Jordan Von Bokern John Sprangers Skadden Arps Simpson Thacher Hon. Jerry Smith, 5th Cir. Skadden Arps New Orleans Karen Orzechowski Justin Cohen Erim Tuc Robert Woods Donald Stevens Orleans Public Defender Allen & Overy Cravath Swaine & Moore Yetter Coleman U.S. Copyright Office, Barbara Ringer Fellowship Alexander Cross Michael Turkel UTAH Kirkland & Ellis Hon. Robert Gerber, S.D.N.Y. Brett Swearingen Bankr. Salt Lake City Jones Day Boston Sean Gholz Brett Bromann Cravath Swaine & Moore Robert Warfield Jeremiah Hansen Trenton Tanner WilmerHale Skadden Arps Ray Quinney WilmerHale Adina Goldstein Courtney Cox Sullivan & Cromwell Nora Wong WASHINGTON Barrett Young Hon. , 1st Cir. New York City Law Department King & Spalding Alice Ha Seattle Sullivan & Cromwell William Ziegelbauer David Emer Dayne Poshusta Sheppard Mullin Nutter McClennen & Fish Wilson Sonsini Virginia Hildreth Morgantown Kara Harrington Sullivan & Cromwell NORTH CAROLINA Max Schwartz Florence Patti Goodwin Procter Hon. Ronald Gould, 9th Cir. Aarti Iyer Winston-Salem West Virginia Innocence Project Cravath Swaine & Moore MINNESOTA Nicholas Deuschle WASHINGTON, DC INTERNATIONAL Minneapolis Raphael Janove Hon. Thomas Schroeder, Sullivan & Cromwell M.D.N.C. Laura Bailis Delegación Miguel U.S. Food and Drug Nicholas Teichen Hidalgo, Mexico Administration Faegre Baker Daniels Abigail Johnston OHIO Fried Frank Pedro Gerson Ugalde William Thomson Columbus Christine Bonomo Instituto Mexicano para la Hon. James Loken, 8th Cir. Adam Josephs Skadden Arps Competitividad A.C. Sullivan & Cromwell Ashley Graffeo Baker Hostetler Aimee Brown MISSOURI , England Muhyung Lee Hon. Thomas Griffith, D.C. Cir. Kansas City Davis Polk & Wardwell Mark Thompson Saif Alaqili Kegler Brown Samantha Daniels Shearman & Sterling Matthew Stucky Karen Leung Gibson, Dunn & Crutcher Shook Hardy Dechert OREGON New Delhi, India David Frankenfield St. Louis Esther Lifshitz Portland Baker Botts Shoshana O’Brien Cleary Gottlieb Steen & Jindal Law School, Center Lana Hompluem Frederick Benson Hamilton Megan Grant for Health Law, Ethics and Bryan Cave Hon. Diarmuid O’Scannlain, Sheppard Mullin Technology Jason Meade 9th Cir. Michael Lanahan Sullivan & Cromwell Kourtney Hahn Bryan Cave PENNSYLVANIA PriceWaterhouse Coopers Rachael Morgan NEBRASKA Kirkland & Ellis Philadelphia Patricia Herold Gibson, Dunn & Crutcher MaryAnn Almeida Omaha Maria Navarro Hon. Legrome Davis, E.D. Pa. Debevoise & Plimpton Nathan Jack Charlotte Castillo Gibson, Dunn & Crutcher Fidelity Insurance Eric Mackie Leah Nudelman Dechert Simpson Thacher Benjamin Kelly NEW YORK U.S. Department of Labor, Camila Panama TEXAS Office of Administrative Albany Davis Polk & Wardwell Law Judges Lee Deppermann Hon. Susan Read, N.Y. Ct. App. Jullia Park Saul Cohen Keith Kiles King & Spalding Hon. Gregg Costa, 5th Cir. Covington & Burling New York City Bradley Pearson Sean Cooksey David King Jr. Charles Anderson Milbank Hon. Jerry Smith, 5th Cir. Hon. David Tatel, D.C. Cir. Milbank Samuel Ramos Emily Heasley Lindsey Livingston Zara Bari Skadden Arps Baker Botts Pillsbury Madison Cravath Swaine & Moore Christine Ricardo Matthew Olson Katherine Long Yukiu Chan National Center for Law and Latham & Watkins Skadden Arps Simpson Thacher Economic Justice Mary Megan Stephens Selina MacLaren Grady Chang James Schulte Vinson & Elkins Quinn Emanuel Simpson Thacher McKinsey & Company Christian Mejia Jill Serpa U.S. Department of Justice, Freshfields Tax Division

Naomi Solomon Andres Saenz Skadden Arps Cleary Gottlieb Steen & Hamilton

120 THE UNIVERSITY OF CHICAGO LAW S C H O O L n F A L L 2 0 1 4

Graduating Class Where are 2014 A_u1.indd 120 9/15/14 11:47 AM MEET THE CLASS OF 2017

GENERAL STATISTICS: 100 undergraduate institutions 41 undergraduate majors MEET11 graduate degrees 37 states represented 43 countries lived/worked in 22 languages spoken

FUN FACTS: Twenty-six congressional interns Nine Teach for America alumni Nine varsity athletes Six marathon runners Four State Department interns Three international au pairs Two Iron Man competitors Two AmeriCorps volunteers Two Jeopardy! college champions Two FBI interns THETwo Eagle Scouts One Fulbright scholar One Rhodes Scholar CLASSOne White House fellow OF One hiker of Mt. Everest One professional actor One classical pianist One Korean Percussion drum player One volunteer firefighter in Japan One NSA analyst One stand-up comedian One second-degree black belt One blues guitar instructor

80134_Cover.indd 2 20179/11/14 12:46 PM NON-PROFIT ORGANIZATION US POSTAGE PAID MT. PROSPECT, IL PERMIT #87

REUNION WEEKEND MAY 1-3, 2015 For Members of the Classes of 1965, 1970, 1975, 1980, 1985, 1990, 1995, 2000, 2005, 2010

80134_Cover.indd 1 9/11/14 12:46 PM