Also inside | Interrogation Intelligence | Fighting Foreclosure | Souter’s Service Harvard Law Winter 2010 bulletin “I believe that this time will be known as an inflection point in world history because of huge revolutions under way in the world— changes that make this an electrifying time to be in the legal profession.” Martha Minow A Conversation with a New Dean c1_HLB_winter09_03.indd c1 12/15/09 10:44 AM IN THIS ISSUE Volume 61 Number 1 Winter 2010 14aPOINTS OF INFLECTION Five months into her new job, Dean Martha Minow shares some insights—and even a little advice. 20aA VIEW FROM THE BRINK When the financial system is melting down, who are you going to call? H. Rodgin Cohen ’68. 26aA QUESTION OF INTERROGATION Philip Heymann ’60 proposes a new model for intelligence gathering in the fight against terrorism. 30aTHE LAWS OF UNINTENDED CONSEQUENCES To prevent domestic violence, are we now overregulating the home? 35aSTRIVING ALWAYS TO GET IT RIGHT Reflections on David Souter ’66 1 FROM THE DEAN assistant dean for communications 2 LETTERS Robb London ’86 editor 3 HEARSAY Emily Newburger 4 OUTSIDE THE CLASSROOM managing editor A clinical project helps keep people Linda Grant in their homes. design director 8 ASK THE PROFESSOR Ronn Campisi editorial assistance How will globalization reshape the Asli Bashir, Stephanie Ehresman ’10, Jenny practice of law—and the training of Lackey, Lia Oppedisano, Christine Perkins, lawyers? Lori Ann Saslav, Marc Steinberg 11 ON THE BOOKSHELVES editorial office Harvard Law Bulletin Subramanian explores the messy 125 Mount Auburn St. middle ground in corporate deals; Cambridge, MA 02138 e-mail: [email protected] Fallon dives into fiction with a web site: www.law.harvard.edu/news/bulletin spoof on academics and politics. telephone: 617-495-3118 38 CLASS NOTES send changes of address to: Harvard Law School Armed with a camera, Bentley Kas- Alumni Records 125 Mount Auburn St. sal ’40 has documented war and Cambridge, MA 02138 waged peace; Betsy Krebs ’87 helps e-mail: [email protected] kids at risk advocate for them- The Harvard Law Bulletin (ISSN 1053-8186) is published selves; David Singleton ’91 fosters three times a year by Harvard Law School, 1563 Massachusetts Ave., “smart-on-crime” policies in Ohio. Cambridge, MA 02138. 54 IN MEMORIAM © 2010 by the President and Fellows of Harvard A season of losses, including College. Printed in the U.S.A. George H. Kidder ’50, Samuel J. Heyman ’63, Finn M.W. Caspersen 30% ’66, Bruce Wasserstein ’70, Michael Weston ’97, Luke Cole ’89 72 GALLERY It took a Hook to hang a Howe. c2-37_HLB_Wntr10_03_r1.indd c2 12/16/09 6:11 PM FROM THE DEAN Raise High the Roof Beam The magic of education lies in the interactions between people. In this age of the virtual, we celebrate digital possibilities but we cherish the unique connections among professors, students, alumni, faculty and staff. On Nov. 19, we celebrated the future of our community with a traditional “topping off” ceremony, when the highest beam was placed at the top of our new building. Students, staff, faculty, architects, builders and members of the Dean’s Advisory Board joined in this centuries-old custom. The beam is painted white, and a small evergreen tree (for growth and good luck) and a flag are affixed to it. Before it is hoisted atop the structure, members of the community can sign it. Like the ceremony at the launch of a ship, the event affirms our identity and aspirations. The topping off is em- tropolis. Dean Kagan often blematic of my experience observed that cities are thus far as dean. The new places of great creativity, building demonstrates the cosmopolitan connections, extraordinary opportunity I energy and open-minded- have been granted to extend ness, just as the best science the work of Deans Elena labs work like crossroads, Kagan ’86 and Robert Clark stimulating collaboration, ’72 and Acting Dean Howell conversation and invention. Jackson ’82. The academic Jane Jacobs, the great schol- wing of the new building ar of cities, showed how will frame classrooms to fit economic and intellectual PHIL FARNSWORTH the smaller class size we ini- growth is sparked by ever formed this school and the tiated for first-year sections; more diversity, density and lives of so many. And we are “ THE BUILDING IS the seminar rooms will en- dynamism—inviting people also saddened by the loss of a symbol of our able teamwork and small- and activities together in George Kidder ’50, a prob- confidence in the group discussions. The stu- a jumping, joyous urban lem-solver with great vision future and a reflection dent center jumble. This is the vision and generosity. of our resilience and will provide guiding this building, and it It is a time for sober inviting is simply thrilling to see it thoughts about many issues, aspirations amid settings to take shape. but also a time of hope. In economic uncertainty.” enrich expe- Much more than steel these pages, we celebrate riences out- and concrete, the building is Justice David Souter ’66 as side of the a symbol of our confidence he returns full time to New classroom, in the future and a reflection England; we look at efforts facilitating, of our resilience and aspira- to fix our financial system; for example, collaborations tions amid economic uncer- and we honor the effort of across student journals. The tainty. Sadly, Finn Caspersen our clinical programs in clinical wing will promote ’66 and Bruce Wasserstein assisting many of the hard- synergies among our dy- ’70, whose critical support est hit. We construct our namic programs. Through- made the project possible, new building looking to the out there are cutting-edge did not live to see the build- future, rooted in great tradi- sustainability measures. ing rise to completion. We tions, just as the law rooted Connecting everything is a deeply mourn their loss. We in the wisdom of the past central thoroughfare, like reflect as well on the superb enables new possibilities for the boulevard at the center leadership of Sam Heyman enterprise, peace and human of a city. Indeed, this build- ’63, who also passed away welfare. ing embodies the often-used this fall. His vision of draw- metaphor of Harvard Law ing top students to federal School as a bustling me- government service trans- Dean Martha Minow c2-37_HLB_Wntr10_03_r1.indd 1 12/18/09 2:40 PM HarvardHarv LawSummer 2009 bulletin Elizabeth Warren unwraps TARP, and raps the consumer credit industry Robert Zoellick makes sure poorer nations aren’t left further behind President Obama’s new lawyers aim to restore LETTERS faith in Justice HLS experts offer prescriptions for avoiding another financial meltdown AND ACCOUNTABILITY: Cautionary tales, and visions of reform President-electPresident-elect BarackBarack ObamaObama ’91 c1_HLB_summer09_01.indd c1 5/26/09 4:52:57 PM NEW JOURNAL A TERRIFIC IDEA and both Hussein’s DOES HLS HAVE AN but if such abuse of power is the I read with great interest your item and America’s Iraq worst the students experience in on the new peer-reviewed Journal of as “savage societies.” INSTITUTIONAL BIAS their legal careers, they will have Legal Analysis founded by Professors The loss of power AGAINST CAPITAL been blessed. Ramseyer and Shavell (“Peer Review: should not shield PUNISHMENT? More important, the article A New Journal Aims to Fill a Gap in [members of the made me wonder whether HLS Legal Scholarship,” Summer 2009). former administration] from responsi- has an institutional bias against capital Kudos to Professors Ramseyer and bility for any crimes they committed. punishment, an issue about which I Shavell for their terrific idea! It is odd, This position is both ethical (i.e., the have mixed emotions. Just wondering, indeed, that law is the only discipline law should be enforced impartially) and are any HLS students placed in with student-reviewed journals. I have practical (if we had prosecuted Henry prosecutor offices as part of their death always thought that this was the great Kissinger, Richard Nixon and their co- penalty seminar to help prosecute hoodwink of legal academia, getting horts, maybe their ideological offspring death penalty cases? students to do the tedious work that like Messrs. Cheney, Rumsfeld and Yoo And in this instance, the HLS professors themselves do in every might have been more careful). brainpower was harnessed to support a other field, and moreover calling it Finally, I wonder how Professor death penalty clemency petition based prestigious and getting students to Fried would apply this principle to not on innocence, incapacity or some actually try very hard for the privilege. Gov. Blagojevich’s prosecution or the other defense, but instead because It’s Tom Sawyer’s picket fence for Nuremberg Trials. Pondexter was a “model inmate,” as if postgrads. Best of luck to the professors Robert Stolzberg ’70 that excuses one little old murder. and the new JLA! Boston In the article I was struck by the Will Stephens ’04 respect paid to “Mr. Pondexter”— Washington, D.C. A BIAS AGAINST CAPITAL PUNISHMENT? the confessed murderer—and the The article about the harrowing afterthought paid to the nameless, WAITING UNTIL IT’S SAFE experience of the two law students elderly victim. But then again, how in I am not surprised that the Bulletin stopped by police in Texas [Outside the vogue are old, dead Texas women? did not publish Ben Davis’ letter when Classroom, Summer 2009] reflects the William Choslovsky ’94 it was written more than 50 years ago, essence of HLS: self-absorption and Chicago and that you waited to do so [“A Price overreaction.