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 BaracBarackk OObamabama ’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. Paid for Conviction,” Summer 2009] To review, the two students were EDITOR’S NOTE: The Death Penalty Clinic until it is safe to criticize the excesses working as externs outside Houston focuses on defense, but HLS provides of the McCarthy era. After all, neither as part of the Death Penalty Clinic. clinical placements in state and federal HLS nor the Bulletin has much of a In trying to gain support for the prosecutors’ offices, where students may reputation for siding with the underdog clemency petition of Willie Pondexter assist in prosecuting death penalty cases. at critical moments. —“convicted in 1993 for the brutal Angel G. Hermida LL.M. ’72 murder of an 85-year-old woman, a MISSING INFORMATION San Juan, Puerto Rico crime which he admitted he took part The Bulletin interview with the in”—the students paid a visit to the Milsteins [Closing: “A Conversation FORMER ADMINISTRATION OFFICIALS STILL home of a prison guard, “who’d refused with Abby S. Milstein and Howard Mil- ACCOUNTABLE to speak to them.” On their way back to stein,” Summer 2009] fails to explain Professor Charles Fried [in The the field office, they were pulled over by the painting in Mr. Milstein’s office. New York Times as quoted in Hearsay, a trooper, who then made them follow What is the painting about? By whom? Summer 2009] argues against bringing him to the station, where they were Bill Malone ’62 criminal prosecutions against Bush written warning tickets for criminal Washington, D.C. administration personnel. He writes trespass. Apparently, the prison guard that it “is in savage societies that the was none too fond of the eager students EDITOR’S NOTE: The image is a copy defeat of a ruling faction entails its unexpected visit, so he must have of “The Floor Scrapers” (which hangs humiliation, exile and murder.” called out the fuzz. in the Musée d’Orsay in Paris) by the Even ignoring the obvious hyperbo- Was the trooper’s action heavy- impressionist painter Gustave Caillebotte le, this formulation labels Japan, Peru, handed and uncalled for? Of course— (1848-94).

† WRITE to the Harvard Law Bulletin, 125 Mount Auburn St., Cambridge, MA 02138; e-mail [email protected]. Letters may be edited for length and clarity.

c2-37_HLB_Wntr10_03_r1.indd 2 12/16/09 6:12 PM HEARSAY SHORT TAKES from faculty op-eds

America Is on Trial as Much as Khalid Regulatory Reform Needs Rethink Sheikh Mohammed Professor Hal Scott, director of the Committee on Capital Professor Alan Dershowitz Markets Regulation The Globe and Mail Financial News Online Nov. 13, 2009 Sept. 21, 2009

“The Obama administration has announced that Kha- “The U.S. regulatory structure is lid Sheikh Mohammed, the self-confessed mastermind highly fragmented and ineffective. of 9/11, will be subjected to an ordinary criminal trial While other big economies, such as in the federal court of New York. … Despite the fact that Germany, Japan and the U.K., have Mr. Mohammed has confessed to consolidated regulation, the U.S. has more than 100 virtually everything, his trial will financial regulators. … Consumer protection should face daunting challenges. ... be consolidated along with other areas of regulation. “Foremost is the reality that The Committee on Capital Markets Regulation recom- he was subjected to torture, both mended in its May report that consumer and investor physical and psychological. He protection with respect to all financial services be ei- was waterboarded, which clearly ther part of a division of a new U.S. Financial Services amounts to torture under the law. It was also reported Authority (in the model of the U.K.’s FSA) or be part that, when he was arrested, his young children of a separate consumer/investor protection agency, or were apprehended. If this is true, his lawyers will CIP. … surely insist that the circumstances surrounding the “The Obama administration has taken a very detention of his children, particularly whether they different approach. It has not recommended the were used as bargaining chips, must be fully developed creation of a U.S. FSA. Since it sought to preserve the and exposed.” jurisdiction of other agencies, the Consumer Financial Protection Agency would have authority over only Lawyers Should Be Recruited Like Doctors some areas of consumer protection and very little Professor Ashish Nanda jurisdiction over investor protection.” The American Lawyer Bonus Guarantees Can Fuel Risky Moves Oct. 13, 2009 Professor Lucian Bebchuk LL.M. ’80 S.J.D. ’84 The Wall Street Journal “The new-associate Aug. 27, 2009 recruitment market is fundamentally broken, “It’s now well recognized that and it has been for some bonus plans based on short-term time. Incremental changes are not going to address its results which may turn out to be illusory can produce underlying problems. The market needs a structural excessive risk-taking, and that plans should therefore fix—a centralized matching authority, like the one that be structured to account for the time horizon of risks. the medical profession has been using for more than But even though tying bonus plans to long-term re- half a century. … sults is desirable, it isn’t sufficient to avoid excessive “Some market participants recoil from the idea of incentives to take risks. Bonus plans tied to long-term centralized matching because they conflate centralized results can still produce such incentives if they reward markets with centralization of power. Centralized executives for the upside produced by their choices but matching does not take choice away from individual insulate them from a significant part of the downside. students or firms. Instead, it provides a common “Bonus plans that provide executives with such platform for the labor market to function efficiently. In insulation from downsides—either by establishing a that regard, it is akin to a stock exchange, which allows guaranteed floor or otherwise—can seriously backfire. people to execute trades according to their individual Firms setting bonus plans, and regulators monitoring preferences but within the ambit of explicit rules that compensation structures, would do well to recognize increase the efficiency and robustness of trading.” and pay close attention to this problem.”

Illustrations by grady mcferrin winter 2010 harvard law bulletin 3

c2-37_HLB_Wntr10_03_r1.indd 3 12/16/09 6:13 PM OUTSIDE THE CLASSROOM

Staunching the Foreclosure Crisis ‘Project No One Leaves’ keeps people IN THEIR HOMES

By Elaine McArdle It’s a raw Saturday morning in October, and as rain begins to pelt the streets of Dorchester, a Boston neighborhood hard-hit by the foreclosure crisis, Wonny Lervisit ’11 and Mike Plank ’12 climb the stairs to a third-floor apartment and knock on the door. A young couple opens slowly. Lervisit, decked out in a bright red “No One Leaves” T-shirt, gives them a broad smile, ignoring the large dog the woman is struggling to hold. “We’re Harvard Law students,” explains Lervisit, who’s with the Harvard Legal Aid Bureau, known as HLAB, the oldest student-run legal aid organization in the country. “You might have heard that this building is being foreclosed on. We want you to know that under Massachusetts law, tenants have a lot of rights, and you don’t have to just move out, even if the bank tells you to or gives you money to leave.” Relieved, the couple peppers the pair with questions: How can they remain in their home? Should they keep paying rent? Plank urges them to attend the meetings held each Tuesday night in Jamaica Plain at City Life/Vida Urbana, a community organization that, in partnership with HLS legal aid clinics, is having remarkable success at saving Boston neighborhoods by keeping people in their homes. The canvassing effort, dubbed Project No One Leaves, was launched in 2008 by two HLAB students, Nick Hartigan ’09 IN 2009, STUDENTS and David Haller ’09, along VISITED MORE with WilmerHale Legal Services Center clinical student THAN 1,000 Tony Borich ’09. Each week, PROPERTIES FACING students gather the list of FORECLOSURE newly filed foreclosures in Boston, create a database, and organize students from HLS and eight other

4 harvard law bulletin winter 2010 Photographs by mark ostow

c2-37_HLB_Wntr10_03_r1.indd 4 12/16/09 6:14 PM Boston-area law schools and colleges DANIELLE TENNER ’10 is to knock on those doors and inform one of the students who the homeowners and tenants of their make weekly rounds in legal rights. Project No One Leaves, Boston neighborhoods. which in 2009 contacted more than 1,000 people living in properties being foreclosed on, is a key part of HLAB’s attack on the foreclosure crisis in low- income areas. Its strategy also includes direct representation of clients in need, legislative advocacy and pressuring banks to change their tactics. As the rest of the nation struggles with the foreclosure crisis, and even the White House hasn’t found easy solutions, the Harvard Law students are racking up numerous victories, including the almost-unprecedented result of getting banks to reduce the principal amount on mortgages. Students have also negotiated a string of five-figure and higher settlements against banks that don’t keep properties in good condition for tenants who live there, and in 2008, two students won a $54,000 jury verdict against the Bank of New York for turning off heat and water in a tenant’s home to try to force him out. Last spring, largely as a result of the momentum of the foreclosure work, HLAB saw a huge increase in the number of students applying for the program and had to turn many away, although they are still welcome to volunteer (HLAB comprises about 47 2Ls and 3Ls who make a two-year commitment to work 20 hours a week for clinical credit doing civil legal aid work, including family law and benefits work). One reason for its appeal, says HLAB Director and Clinical Professor David Grossman ’88, is that the project is making a real difference in keeping Boston neighborhoods alive, and using innovative methods to win. Under pressure by the student advo- cates and community partners, banks are selling foreclosed-on properties to the tenants or the former homeowners at prices reflecting the current value, which is typically around 50 percent

winter 2010 harvard law bulletin 5

c2-37_HLB_Wntr10_03_r1.indd 5 12/16/09 6:14 PM less than the outstanding mortgage. Community Capital, which purchased It’s a model that the HLAB and LSC it from the bank for around $220,000 students helped create in conjunction and is flipping it to Allen for around with their community partner, City $271,000. City Life and BCC have scores Life, Grossman notes. In one case that of similar cases in the pipeline. settled last July after extensive litiga- In partnership with City Life and tion by HLAB students, the FDIC, after other community organizations, the taking over a troubled bank that owned HLS students have also participated a dilapidated property, in successful eviction deeded it to the tenants VICTORIES INCLUDE blockades, and they are now for one dollar and put GETTING BANKS TO using a new tactic of moving $60,000 into escrow for REDUCE PRINCIPALS families back into properties repairs. In another, a laid- from which they have been off cop, Anthony Allen, ON MORTGAGES kicked out. The students couldn’t keep up pay- are also involved in drafting ments on his $480,000 mortgage and and supporting three bills currently unsuccessfully tried to restructure his before the Massachusetts Legislature loan with the bank. With Grossman as that would put a moratorium on his attorney, he’s now buying back the foreclosures and take other actions to property from an intermediary, Boston halt the crisis. “We’ve had a lot of happy endings here,” says Grossman. “The question A WEEK in the LIFE OF A is how to scale it up.” For one thing, FORECLOSURE PROJECT people in other cities need the same assistance, and fledgling projects are On Tuesdays, students working with under way in Chelsea, East Boston and Project No One Leaves gather the Lynn. Grossman also hopes to get lend- list of new foreclosures and enter ers—who don’t want to be landlords them into a data bank to use for the anyway—to agree to sell properties in weekend canvassing. On Tuesday bulk to Boston Community Capital, nights, students from the Harvard which could then flip them to low- Legal Aid Bureau and from the income buyers at affordable prices. housing clinic at the Legal Services “It feels like we’re making a dent,” landlord gave her some bad news: Center give legal advice to tenants says Grossman. “You can measure it The landlord was behind on her and homeowners at the City Life/ by the percentage of buildings going mortgage, and the house might soon Vida Urbana meeting. On other days, through foreclosure that are boarded be in foreclosure. Finally, the dreaded the students serve as “attorneys of up, which certainly looks like a smaller letter came in the mail: The bank had the day” in housing court in Boston, percentage now.” foreclosed and was selling the home. providing free legal representation Another measure is the number Douglas, it said, had to get out. to clients in need, and they also hold of residents attending the weekly “I tell you, when I got that letter, legal clinics at HLAB and LSC to as- meetings at City Life. A year ago, it I cried,” says Douglas, 59. “I thought sist tenants and homeowners with might have averaged 10 or 15. Now, I would come home one day and post-foreclosure legal issues. They there are usually at least 50, and everything I owned would be on the also operate a housing hotline and one October night, it was standing street.” But Douglas contacted City prepare for their cases or head to room only, with more than 90 people Life, which referred her to Harvard court to argue them. in attendance. Many were tenants Law School. She took the T out to HLS “The good side of the foreclosure or homeowners there to thank the and met Casselle Smith ’10, president of crisis,” says HLAB Director and Clini- students who prevented them from HLAB. In turn, Douglas was assigned cal Professor David Grossman, with being evicted and to provide support to Libby Benton ’11. an ironic smile, “is that it’s created for others going through what they did. “She’s like a daughter to me,” says complex problems for students to Sandra Douglas has lived 20 years at Douglas. She wipes tears from her solve.” the same home in Dorchester, faithfully eyes, and adds, “God bless the Harvard paying her rent on time. Recently, her students.” P

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c2-37_HLB_Wntr10_03_r1.indd 6 12/16/09 6:14 PM GOING DOOR-TO-DOOR: Marie Ndiaye ’12 and Andrew Miller ‘11 inform those in foreclosed proper- ties of their rights.

THE STUDENTS visit a mother and daughter in their home, which is now in foreclosure.

winter 2010 harvard law bulletin 7

c2-37_HLB_Wntr10_03.indd 7 12/14/09 6:28 PM ASK THE PROFESSOR

Lawyers Without Borders In the wake of the HOW WILL GLOBALIZATION reshape the current economic practice of law— crisis and growing and the training of lawyers? globalization, the job market for lawyers is tougher than at any time in recent history. We asked Professor David Wilkins ’80, head of HLS’s Program on the Legal Profession, how these factors PROFESSOR will shape legal practice and DAVID WILKINS education. is focused on structural changes DW: The hope is that in the legal out of any crisis comes profession, beyond opportunity. In the 1930s, the recession. many of the structures of law firms that we take for granted today were—if not quite created—cemented in the heart of that economic crisis. Today I think we see many law firms experimenting with new ways of hiring, training and developing lawyers. These include firms that have eliminated the traditional associate classes in favor of models that are much more performance- and developmental-based. Some are experimenting with hiring lawyers at an entry- level position and then giving them meaningful targets that they have to make and performance standards that they have to meet and then promoting people according to their ability to meet these standards. We don’t yet know how well these new

8 harvard law bulletin winter 2010 Photographs by kathleen dooher

c2-37_HLB_Wntr10_03_r1.indd 8 12/16/09 6:15 PM organizational forms are this opportunity as a time to keep the economy and its have primarily concentrated going to work, and whether, to rethink what they’re dislocations in check and on teaching students how once the economy comes doing. I think it’s possible that lawyers are going to to “think like a lawyer” and back, the interest in them that the legal industry and play a pivotal role in writing depended on employers will be as strong. But I think its various institutions this regulation, in enforcing to teach them how to be many people felt that the will emerge stronger from it and in helping clients to lawyers—and on students model of the traditional the current situation. comply with it. to navigate their careers large law firm—which has In fact, globalization is on their own. Whatever its existed since the turn of the likely to increase those You were recently merits in an earlier era, this 19th century— opportunities, as named the school’s division of labor is no longer was in need of people can think acceptable in a legal world “I THINK THIS WILL first vice dean for some serious END UP BEING A about building that has become increasingly rethinking, careers not just Global Initiatives on complex and treacherous— and I think TIME OF IMPORTANT in their home the Legal Profession. where new lawyers are this will EXPERIMENTATION.” country but ones What specifically expected to hit the ground end up that are truly can law schools do running and traditional being a time of important global in nature. So long as to better prepare institutions and career paths experimentation and society needs ordering and are being transformed. innovation. the economic system needs students? Law schools owe it to our I’m hoping that other rational and defensible DW: Law schools have never students, our alumni and the institutions like law boundaries, there’s going to done an especially good public at large to attempt to schools and corporate be a need for talented people job of preparing students understand how the legal clients and government to go into law. In fact, I think for the realities of the job profession is changing in agencies and public interest we’re likely to emerge with market or legal practice response to larger economic, organizations will also use much more regulation to try generally. Instead, schools political, and social forces

NEW STRATEGIES for a CHANGING JOB MARKET

In both the public career services. and private Meanwhile, sectors, Harvard starting salaries Law students are are down and facing a tougher deferred starting job market dates are up. than in recent The public memory. This sector has also year’s graduating taken an economic Students on their class will see hit, says Alexa way to interviews this August as part of only 80 percent Shabecoff, the early interview of the fi rms that assistant dean for program. A week be- fore classes started, participated in public service at 12,000 interviews took place. the on-campus the Bernard Koteen recruitment Offi ce of Public process last year Interest Advising. return, according Nonprofi ts and MARTHA STEWART to Mark Weber, government assistant dean for offi ces at state

winter 2010 harvard law bulletin 9

c2-37_HLB_Wntr10_03.indd 9 12/14/09 6:29 PM and to devise new ways for The school has already taken preparing lawyers to navigate steps to help [see sidebar]— and thrive in this dynamic but we are taking a hard look environment. at our placement processes Dean Martha Minow has and more broadly how they charged me with evaluating contribute to problems for how the school currently law students entering the connects to the profession, and profession. working with a committee of To open up that sort of na- my colleagues, to develop new tional and international con- ways to prepare our students versation, we are planning a for their careers. The school “MANY PEOPLE FELT conference on rethinking legal has already launched a series education involving top educa- of initiatives, including a that the model of the tors, professionals, and poli- new Problem Solving course, traditional large law firm cymakers in this country and which will begin in January ... was in need of some abroad to investigate and iden- for all first-year students, serious rethinking.” tify best practices around the using in-depth case studies globe and to discuss how law that place students in realistic schools can and should both lawyering contexts; an respond to and help to shape effort to more fully integrate the changing structure of legal what students learn in our careers and institutions. excellent clinical offerings Needless to say, these ef- into the broader curriculum; forts are in their early stages, and the Harvard Law School information about alumni problems with the recruiting but we believe they are im- Career Study, initiated by careers into the shaping of the process at this school and portant steps in helping our the Program on the Legal curriculum. across the country for those students navigate the complex Profession in 2008, which It’s true that the economic going into law firms and boundaries of today’s dynamic should help us incorporate downturn has highlighted public interest employment. legal environment. P

NEW STRATEGIES [CONTINUED]

and local levels tough job market of the Holmes range of programs Shabecoff noted assisting current have become more with a number of Public Service that make it easier increased advising students by competitive, she initiatives. Fellowships, for students and hours and more connecting them says. “The federal One of the most which will fund alumni to work outreach to with graduates, government and a visible changes one year of public in the public employers. And teaming up with few other places to the recruiting service work for interest. According both offi ces had OCS and OPIA are bright spots, process has been approximately to Shabecoff, the a packed series to launch HLS but overall the the schedule: 12 graduating experience that of employment- Connect, an alumni market—and Interviews began students during such fellowships related events and advising network the public sector in late August, 2010-11. The provide students workshops in the portal. As of early in particular, almost two fellowships will often makes them fall—including a November, more which was pretty months earlier pay up to $35,000 signifi cantly more major career forum than 300 students competitive to than in years past, to support a year competitive as weekend and a had registered begin with—has and there will be of postgraduate candidates for jobs series of online for the online been affected.” another round in legal work at afterward. career advising networking tool. Both the the spring. a nonprofi t or Meanwhile, “webinars,” —A.B. Offi ce of Career In October, government OCS and OPIA have scheduled by OCS. 5To sign up for HLS Services and the Dean Martha agency anywhere been marshaling The alumni Connect, go to http:// OPIA have been Minow announced in the world. It resources for relations tinyurl.com/ responding to the the establishment supplements a students— department is also alumni-network

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c2-37_HLB_Wntr10_03_r1.indd 10 12/16/09 6:16 PM ON THE BOOKSHELVES

Fighting on Several Fronts In “Negotiauctions,” Guhan Subramanian explores the messy middle ground in CORPORATE DEALS

By Michelle Bates Deakin During his 3L year at Harvard Law School, Guhan Subramanian J.D./M.B.A. ’98 was writing his third-year paper on game-theoretic approaches to corporate acquisitions, and wanted to use the Conrail-CSX- Norfolk Southern deal, which was then under way, as a case study. The legendary deal-maker Bruce Wasserstein J.D. ’70/M.B.A. ’71, then chairman of Wasserstein Perella, was advising CSX. He agreed to meet with the law student, and their 90-minute conversation has fueled Subramanian’s interest in corporate deal-making ever since. COMPLEX DEALS His forthcoming book, playing the game at microeconomics. Another “Negotiauctions: New Dealmaking a different level than COMBINE ELEMENTS looks at negotiations, Strategies for a Competitive anyone else,” says OF NEGOTIATIONS combining microeconomics Marketplace,” draws on his academic Subramanian. “I’m AND AUCTIONS, with experimental economics, research and his teaching—he is trying to capture and SUBRAMANIAN FOUND social psychology, behavior a professor at both Harvard Law disseminate that kind economics and law. In real- School and Harvard Business School of strategic thinking.” world situations, however, and the first person to hold tenured Traditionally, academics have Subramanian finds that complex deals appointments at both institutions. looked at deals through one of two combine elements of both negotiations It also has its genesis in that 1997 lenses, says Subramanian. One and auctions. In his book he explores conversation with Wasserstein, who branch of research examines auction that “messy middle ground.” died this fall. “He was so clearly theory, with roots in game theory and A “negotiauction,” he writes, “is

Illustration by justin renteria winter 2010 harvard law bulletin 11

c2-37_HLB_Wntr10_03.indd 11 12/14/09 6:29 PM the commonplace situation in which negotiators First Fiction are fighting on two fronts—across the table for sure, but also on the same side of the table, with Spoofing campus politics known, unknown, or possible competitors.” Subramanian provides examples from a wide and political professors range of transactions, including high-profile mergers and acquisitions, which he has been studying for the past 10 years. He also uses high- stakes examples from everyday life, such as buying a new car or selling a house. Subramanian says that he originally imagined negotiauctions as a subset of negotiations. However, he writes, “I came to realize that the negotiauction concept resonates with deal- makers because it captures the way most high- stakes assets are actually transferred.” Scheduled for release in February 2010, the book draws not only on Subramanian’s interest in the academic studies of law and business, but also on his long-standing interest in studying real deals and learning from real deal-makers. It’s an approach he has brought to his class Advanced Negotiation: Deal Design and Implementation, offered jointly at the law school and the business school. Mark Veblen ’05, a former student in the course and now a corporate associate at Wachtell, Lipton, Rosen & Katz in New York City, found that what he learned in the class was more than he could Professor Richard Fal- draw on anyone he’s worked ever have gleaned from a book on corporate lon, an eminent constitu- with during his many years law: “We dealt with the theory,” said Veblen in a tional law scholar who has at HLS. Yet its melding of 2005 Bulletin story about the course. “But when taught on the faculty since academic and congressional the practitioners came in, they talked about 1982, has written his first politics provides the perfect the friction at the margins and how you have to novel. “Stubborn as a Mule,” opportunity to spoof a trait understand that to predict how these deals will published by Strategic Book he’s witnessed in both are- come out. It was quite fascinating.” Publishing, is set at a small nas: overweening ambition. For each session, Subramanian invited high- liberal arts college in Maine. “I’ve seen a lot of it, and powered deal-makers, CEOs and senior partners The school’s president, a some of it strikes me as over from law firms. With the class, they dissected right-wing economist, tries the top,” he says. And when the nuances of complex negotiations, such as to unseat a Republican it’s over the top, he adds, it’s NBC’s bidding for the sitcom “Frasier,” Oracle’s Senate moderate (and HLS fair game for satire. acquisition of PeopleSoft, and publishing deals grad). A mule—the school Fallon says he’s long for the memoirs of Hillary Rodham Clinton and mascot—turns up in the loved academic comedies of Bill Clinton. The experience was enlightening president’s living room, and manners—such as Kingsley for the students, who learned lessons about worship of unregulated mar- Amis’ “Lucky Jim.” He’s also corporate deals that are not reflected in case law. kets is spoofed in this comic a great admirer of the politi- And Subramanian found that the conversations romp of a story. cal comic fiction of Christo- enhanced his research and helped create his new Although Fallon grew pher Buckley. book. up in Augusta, Maine, and Some of the satire in his “Negotiauctions,” he says, is targeted to worked for a member of novel may be broad, he ad- sophisticated law and business practitioners. the House of Representa- mits. “[But] talented people “My hope is that even a sophisticated person tives in his first job out of lacking self-awareness who has 20 years’ experience negotiating deals college, the novel, he says, sometimes turn into cari- could read it and gain tools that help them take has nothing of his former catures of themselves.” The their game to the next level.” P employer in it, nor does it book may push a bit far, he

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c2-37_HLB_Wntr10_03.indd 12 12/14/09 6:29 PM RECENT FACULTY BOOKS

WHAT HAPPENS WHEN ACADEMICS ‘GO ROGUE’?

“The Road to complicated and often Abolition?: The Future flawed judgments that of Capital Punishment helped redefine the in the United States” legal profession. (New York University Press, 2009), edited In “The Case for Moral by Professor Charles Clarity: Israel, Hamas Ogletree Jr. ’78 and and Gaza” (Committee says. “But the distance be- place. Fallon regards him- Austin Sarat, takes on for Accuracy in tween what one observes in self as “intellectually pretty an interdisciplinary Middle East Reporting life and what is a caricature catholic” and “not some- exploration of the in America, 2009), is measured in inches rather body who is anti-economic debate surrounding Professor Alan than yards.” analysis.” Still, he admits, the death penalty at the Dershowitz argues Among those caricatured writing those sections was turn of the 21st century. against the equation of most vigorously are free- especially fun. This collection focuses Hamas’ violent tactics market economists—in the Fallon completed the on the changing with Israel’s response. book, they propose selling novel in about six weeks, attitudes toward everything from babies after a scene came to him capital punishment in “The Rights of Spring: to organs to admission to in the middle of the night. Washington and the A Memoir of Innocence Brewster College, the ficti- When asked about his next possibility of an end to Abroad” (Princeton tious institution where work of fiction, he says he’s the death sentence in University Press, much of the action takes not sure there’s going to the United States. 2009), by Professor be one. But when pressed David Kennedy ’80, On a More Serious Note ... further, he allows that he’s “Corporate Law underscores the moral On Dec. 7, Richard Fallon led already written a scene— Stories” (Foundation ambiguity associated a discussion at the Harvard this time for a comedy about Press, 2009), edited with modern human Law Review’s annual Supreme clerking on the Supreme by Professor J. rights activism. By Court forum covering articles Mark Ramseyer ’82 in the Review’s most recent is- Court. Fallon clerked for , focusing on his own sue and reviewing the Court’s Justice Lewis Powell LL.M. examines 11 cases experience as a young 2008–09 term. Among partici- ’32 in the 1981-82 term. But that have reshaped activist in Uruguay, pants were Professor Adrian Vermeule ’93, who discussed his at this stage in the creative corporate law. With Kennedy weaves a foreword, “System Effects and process, questions about the wit and clarity, powerful narrative the Constitution,” and Profes- line between fact and fiction renowned scholars about the pitfalls of sor Lawrence Lessig, author of “What Everybody Knows and would be premature. critically examine the idealism. What Too Few Accept.” —Emily Newburger

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c2-37_HLB_Wntr10_03.indd 13 12/14/09 6:29 PM You’ve said you believe we are at an “infl ection point” in history. What do you mean by that, and how does this affect the work of lawyers? Martha Minow: Although historians will surely devote much ink—or bytes—to the financial crisis, 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. Consider the information technology revolution; the biomedical revolution, including genetic breakthroughs, biotechnology and nanotechnology; globalization affecting economic exchanges of legal and professional services; and the worldwide spread of biological and computer viruses, cultural trends and more. It’s also a time of great resource scarcity, global climate change, mass population growth and migrations of people. These shifts each day generate fundamental questions whose answers will alter the shape of the human experience. And I am certain that lawyers will play indispensable roles in tackling the issues raised by these developments and POINTS OF harnessing opportunities to INFLECTION secure orderly change and e enhance human welfare. A conversation Lawyers are already with a new dean working hard to address complex questions: Who owns a cell line? A double- click icon? A digitized form contract term? When should regional, domestic or international standards govern antitrust, privacy,

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c2-37_HLB_Wntr10_03.indd 14 12/14/09 6:29 PM “HUGE REVOLUTIONS ARE UNDER WAY IN THE WORLD—CHANGES THAT MAKE THIS AN ELECTRIFYING TIME TO BE IN THE LEGAL PROFESSION. ”

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c2-37_HLB_Wntr10_03.indd 15 12/14/09 6:29 PM carbon trades, disclosure of food is to develop and strengthen common Harvard Law School join with friends additives, cybersecurity? What rules values that can guide encounters and across and beyond the university should govern financial morals to avoid collisions between people of different to pursue the promise of the rule of a repeat of the subprime mortgage religions and traditions. For example, law, the ideal of justice, the practical crisis—or the next financial crisis we lawyers could develop rules about solution of important problems, and have not yet identified? How can the borders and citizenship that promote ever deeper understandings of legal information revolution lessen rather fairness and free movement without institutions and commitments. In than exacerbate the gap between overburdening any particular country. these financially turbulent times, my the haves and the have-nots—when, What could be better than to have the priorities are to protect and enhance despite extraordinary world wealth, chance to tackle vital, hard questions the superb opportunities available 2.8 billion people live on less than $2 a like these, and make a difference in the to students through classroom day? What mechanism should be put world? and clinical work, financial aid, in place to monitor the auditor who extracurricular engagements and vouches for clean energy in carbon What are your main goals for Harvard career advising. trading markets? What, if any, rules Law School? We have the most extraordinary should restrict privatizing water or The overarching goal is to help the faculty, with superb appointments other basic resources? The challenge remarkable community of people at the made over the past several years and more to come. We can and should involve students and BIOGRAPHY of a colleagues across the university in collaborations and conversations CITIZEN PARTICIPANT across our wide range of views and methodologies. New technologies can transform how we teach, leverage Last July, Professor Martha Minow began her tenure as the 12th dean of our library resources and address Harvard Law School, where she has been teaching for the past 28 years. A topics from government censorship graduate of the University of Michigan and Yale Law School, she clerked to digital rights. The exciting turn for Judge David Bazelon of the U.S. Court of Appeals for the D.C. Circuit and to problem-solving is already then for Justice Thurgood Marshall of the U.S. Supreme Court. In addition engaging students in identifying to her A.B. and J.D., she holds a master’s degree in education from Harvard. business and communication Minow chaired the school’s recent curricular reform efforts, and is one strategies while addressing legal, of the most highly esteemed teachers at HLS—recognized in 2005 with the financial and emotional challenges. school’s Sacks-Freund Teaching Award. This year she is offering a public Continued curricular development law workshop and co-teaching a course on prosecutions in the Interna- internationalizes the basic courses tional Criminal Court. and engages advanced students in A prolifi c legal scholar of great interdisciplinary scope (see excerpts, transnational legal planning and pp. 18-19), Minow often writes about the role of citizen participation in the analysis. Our advanced programs of institutions of democracy, and she herself has been an active participant. study highlight pathways through She served on the Independent International Commission on Kosovo and school and summer opportunities helped to launch Imagine Coexistence, a program of the U.N. High Com- and careers that recognize how law missioner for Refugees, to promote peaceful development in post-confl ict matters to science and technology, societies. She worked with the U.S. Department of Education and the government, business, social change, Center for Applied Special Technology to increase access to educational and comparative and international materials for students with disabilities, and the fi ve-year partnership policies. Increased opportunities to resulted in both legislative initiatives and a voluntary national standard foster interdisciplinary and cross- opening access to curricular materials for individuals with disabilities. She school work provide us with a thrilling twice served as acting director of what is now Harvard’s Safra Foundation chance to help students and faculty Center for Ethics, and she co-chaired Harvard’s Project on Justice, Welfare, pursue their own dreams, and tackle and Economics. She currently works on the Divided Cities initiative, which what justice should mean and how is building an alliance of global cities dealing with ethnic, religious or rules, institutions, and practices can political divisions. She has been a director of the Iranian Human Rights improve human welfare. Documentation Center and is a trustee of Facing History and Ourselves, an organization dedicated to teaching students around the country about After 28 years as a professor, what’s new racism, anti-Semitism and other forms of prejudice. In August, President to you in your job as dean? Barack Obama ’91 nominated her to serve on the board of the Legal Ser- I’ve discovered that the school has vices Corporation. even more treasures than I knew: the nimble and effective foreclosure

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c2-37_HLB_Wntr10_03_r1.indd 16 12/16/09 6:16 PM dean here. My goal is to do what I can to lead at a time when the nation and the world face so many challenges. I’m especially honored to be invited to help with legal services. I worked during college and law school in legal services, and know how the availability of legal help can spell for low-income people the difference between homelessness and having a roof over your head, violent abuse at the hands of a family “PEOPLE SPOKE TO me of her uncommon ability member and physical safety, and frus- to bring people together for common goals,” said tration in the face of government bu- Harvard University President Drew Gilpin Faust, reaucracies and successful navigation to obtain a health care entitlement. The Martha Minow (left) and Drew Gilpin Faust introducing Martha Minow as dean. model of our own clinical programs HARVARD NEWS OFFICE HARVARD (none of which receive federal legal services funds) shows how legal assis- clinic, the amazingly talented and social relations. I’m writing a book (“In tance can help someone start a day care devoted staff members, the 16 student Brown’s Wake”) for Oxford University center or enter the recording industry; journals, to name just a few. I keep Press that urges renewed commitment how an entire school can become re- learning about dazzling activities and to the project of social integration even sponsive to children traumatized by accomplishments. I am still teaching while identifying the complex routes violence; and how an individual who and writing, while also finding that may achieve it. risks violent oppression can obtain satisfaction in working with groups asylum. The national Legal Services of people to solve problems and make You started a movie series at the school Corporation supports local efforts and realize plans. The job change for and are known to be passionate about that are more crucial now than ever me is in some ways like moving from fi lm. Can movies help inform a legal because the financial crisis is jeopar- involvement in the single drama of education? dizing housing and job opportunities my own students and scholarship Films offer insight into persuasion, as it increases the frustrations that to managing a whole theater with narrative, how to work with a found produce family violence. At the same simultaneous plays and operas under reality, how to take the perspective time I hope to help the Corporation production. It’s also, though, a bit like of other people and step into other improve in governance and leverage its running a city-state, with its own green worlds—all central to what lawyers resources. policy, health policy, trade policy, and do—even while offering rich materials relationships with other institutions to analyze and to share as a community. You’ve been a mentor to so many and nations. Just as some mayors have introduced students. What advice has helped you in a book for community reading your own career? What is your current scholarship about? and discussing, I thought sharing My mother’s basic advice is bedrock: Since Brown v. Board of Education, some films, like “Twelve Angry You can’t control everything that American schools have pursued equal Men,” “Breaker Morant” and the happens to you but you can control opportunity for students regardless documentary “The Reckoning,” would how you respond. My father gave this of their home language, gender, encourage debates and discussions advice to a law student who asked him immigration status, socioeconomic even among people who don’t share how to appear trustworthy: He said it status, religion or sexual orientation. classes or activities. And it’s just fun to would help as a start to be trustworthy. Yet ambivalence and debate over watch and discuss films! My dear colleague Abe Chayes said integration across each of these divides that in scholarship, it’s less important persist. The school choice movement— Your former student, President Obama, to try to have the last word on a subject with magnets, charters and vouchers— has nominated you to serve on the board than the first word. Other good pieces permits increasing numbers of of the national Legal Services Corpora- of advice: remember common sense, special-identity schools but also tion. What are the challenges and oppor- adhere to moral aspirations, and if opportunities for integration across tunities there? someone asks you to do something varied lines of student differences. I am enough of a patriot to believe that you think is wrong, don’t do it! And Reverberations of Brown in the field of it is an honor to be asked to serve my several people have wisely counseled: social psychology and in nations across country. Indeed, in my own small way, If you are lucky enough to pursue your the globe demonstrate prospects and that’s part of why I accepted President passions, do that, while remaining challenges for using schools to improve Drew Faust’s invitation to serve as open to discovering new ones. P

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c2-37_HLB_Wntr10_03.indd 17 12/14/09 6:29 PM A MINOW SAMPLER DEAN MARTHA MINOW WRITES A LOT ABOUT DIVERSITY. e AND THERE’S LOTS OF DIVERSITY IN WHAT SHE WRITES ABOUT. Her many articles and books explore topics such as privatization, family law, responses to mass violence, civil procedure, equality and inequality, and religion and pluralism. Excerpts from just a few of her publications follow. Go to http://tinyurl.com/minow-biblio for more.

WHEN THE POWER OF THE COLLECTIVE IS and also somehow restrained, by the Perhaps, rather than seeking revenge, REPLACED WITH CASH trappings of history, and by being people can rebuild. part of something large, collective, “As public instruments shaping “Military lawyers have worried for and, one hopes, right’ characterizes public and private lives, legal a decade about what law applies the military experience, but ‘being a institutions affect the production of to contractors working in military security contractor strips much of this collective memories for a community settings. Even with the recent legal sociological and political upholstery or nation. Social and political changes, contract employees are not away, and replaces it with cash.’” decisions determine what gives rise governed by unit discipline; unlike 5From “Outsourcing Power: Privatizing to a legal claim. Not only do these government actors, they are not Military Efforts and the Risk to decisions express views about what regulated by civilian statutes such Accountability, Professionalism, and is fair and right for individuals; as the Freedom of Information Act Democracy” in “Government by Contract: they also communicate narratives (FOIA). Ambiguities remain over what Outsourcing and American Democracy” and values across broad audiences. law applies if contract employees are (edited with Jody Freeman LL.M. ’91 S.J.D. Whose memories deserve the public captured or injured by the enemy, ’95, Harvard University Press, 2009) stage of an open trial, a broadcast and whether they have the legal truth commission, or a reparations authority or actual competence to THE INSTITUTIONS WE CREATE SHAPE debate? What version of the past can defend themselves with force. Nor acknowledge the wrongness of what is it clear whether they are liable OUR NEEDS AND BELIEFS happened without giving comfort to under American tort law for conduct “Contemporary responses to mass new propaganda about intergroup occurring abroad. … atrocities lurch among the rhetorics hatreds? “Even if the lines of authority clearly of law (punishment, compensation, “Research across a wide range of locate the civilian contractor employees deterrence); history (truth); theology academic disciplines has produced a under military command, these (forgiveness); therapy (healing); art new consensus about human memory. civilians do not face the same rewards (commemoration and disturbance); It turns out that recollections are not and sanctions as do the members of the and education (learning lessons). retrieved, like intact computer files, military, including military culture and None is adequate and yet, by invoking but instead are always constructed by command structure. any of these rhetorics, people wager combining bits of information selected “As one former soldier working that social responses can alter the and arranged in light of prior narra- in private security in Iraq wrote in a emotional experiences of individuals tives and current expectations, needs, note to a reporter, ‘Being motivated, and societies living after mass violence. and beliefs. Thus, the histories we tell

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c2-37_HLB_Wntr10_03_r1.indd 18 12/16/09 6:21 PM and the institutions we make create the society were not as patriarchal, and beings that truth can be known and narratives and enact the expectations, women were not as dependent, as community constructed.’ Then we needs, and beliefs of a time.” the traditional story maintains; 2) can constitute ourselves as members 5From “Breaking the Cycles of Hatred: some women in the 19th century of conflicting communities with Memory, Law, and Repair.” Introduction, who had opportunities to achieve enough reciprocal regard to talk across with Commentaries, in “Breaking the autonomy through paid and volunteer differences. We engender mutual Cycles of Hatred: Memory, Law, and work outside the home did not seek regard for pain we know and pain we Repair” (Nancy L. Rosenblum ed., either independence or dependence, do not understand.” Princeton University Press, 2002) and hence do not fit the picture of 5From “Making All the Difference: relentlessly evolving individualism Inclusion, Exclusion, and American Law” PEREMPTORY CHALLENGES PRECLUDE which is part of the traditional (Cornell University Press, 1990) EMPATHIZING ACROSS DIFFERENCE story; 3) the collective activities of women, in factories and in women’s TOLERANCE IN AN AGE OF TERROR “Eliminating peremptory challenges associations, presented a counterpoint would reduce the parties’ (and to the individualist conception of “[A] review of contemporary lawyers’) abilities to shape the jury and state-enforced rights that supposedly scholarship and of news coverage seek to influence their results, which became a dominant feature of the late reveals two narratives linking could both help but also significantly 19th and 20th century experience; tolerance and terrorism. The first hurt members of disadvantaged and 4) women’s forays into the public sees overreaction and intolerance groups. The very practice of worlds of work and political and moral as responses to terror; and the trying to shape the jury through reform engaged them in activities second sees under-reaction and peremptory challenges has been beyond their traditional family roles; too much tolerance. Law review deeply characterized by stereotypic and yet women often undertook these articles and public interest advocates predictions about how members of activities by reference to conceptions charge the United States since 9/11 particular groups would respond to the of themselves as wives and mothers, with overreaction that jeopardizes topics on trial. Ending the peremptory widows and daughters, with legal and cultural commitments to challenge would, at least symbolically, deliberate efforts to extend family-like tolerance. Recent books and articles rule all such thinking out of bounds, at relationships beyond the family itself.” allege under-reaction on the part least in this setting. 5From “Forming Underneath Everything of several European nations, citing “Indeed, parties, and lawyers, com- that Grows: Toward A History of Family an ideal of multicultural tolerance monly seek to remove jurors based on Law,” 1985 Wisconsin Law Review 819 that offers space for intolerant and their group characteristics because (1985) even murderous individuals and they load many presumptions—and groups to plan and carry out violent prejudices—onto those identities. The EMPATHY AND THE PAIN OF OTHERS acts. I will suggest, however, that a prosecution tries to exclude people who single nation may seem to or actually look like the defendant on the assump- “Boundaries and categories of produce both intolerance and too tion of undue sympathy; the defense some form are inevitable. They are much tolerance, generating both tries to exclude those whose racial and necessary to our efforts to organize overreactions and under-reactions to ethnic membership differs from that of perceptions and to form judgments. terrorism. Because the United States the defendant. Why permit peremptory But boundaries are also points of and European nations each have challenges that presume that people connection. Categories are humanly pursued policies that threaten civil cannot empathize across lines of differ- made, and mutable. The differences we liberties and indicate intolerance of ence? Not only is such a rule untrue to identify and emphasize are expressions immigrants and dissenters, a detailed human possibilities, it might also be a of ourselves and our values. What we assessment is necessary—and so is self-fulfilling prophecy.” do with difference, and whether we analysis of the rhetorical arguments 5From “Not Only for Myself: Identity, acknowledge our own participation about overreaction and under-reaction. Politics, and the Law” (The New Press, in the meanings of the differences Moreover, tolerance can be a feature of 1997) we assign to others, are choices that personal ethics, or national character, remain. The experts in nineteenth- or public policy, and the connections THE HISTORY OF FAMILY LAW REVISITED century anesthesiology did not stop to between tolerance and anti-terrorism ask whether they properly understood can take complex forms at each of these “This examination has surfaced some the pain of others. We can do better. levels.” of these conclusions that contrast with As Nancy Hartsock observes: ‘It is 5From “Tolerance in an Age of Terror,” the traditional depiction of family only through the variety of relations Southern California Interdisciplinary Law law’s history: 1) families in colonial constructed by the plurality of Journal, Vol. 16, No. 3 (2007) P

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c2-37_HLB_Wntr10_03.indd 19 12/14/09 6:29 PM BY JULIA COLLINS

When the U.S. financial system came A VIEW FROM THE excruciatingly close to collapse in the fall of 2008, Rodge Cohen was suddenly the B man to call R

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c2-37_HLB_Wntr10_03_r1.indd 20 12/16/09 6:22 PM H. RODGIN COHEN ’68, in Grand Central Station, on his way to Sullivan & Cromwell, where he served as chairman from 2000, becoming senior chairman in 2010 I N K

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c2-37_HLB_Wntr10_03.indd 21 12/14/09 6:30 PM On Sept. 5, 2008, H. Rodgin Cohen figure out what sort of trouble would one, clearly, was consolidation,” as ’68 took a telephone call that set in be next.” the banking industry shifted from motion the most intense, high-stakes Robert D. Joffe ’67, a partner at “single-city, at most single-state- chapter of an already eventful career. Cravath, Swaine & Moore, was also based” banks to national then global The nation’s leading banking lawyer there when the shock waves began. institutions. The second trend was and chairman of Sullivan & Cromwell “In late summer and early fall of 2008, the steady elimination of barriers was summoned to Washington for Rodge represented Fannie Mae and I separating banks from other financial emergency talks with then Treasury represented the independent directors services, from the Bank Holding Secretary Henry Paulson, Federal of Fannie Mae,” Joffe recalled. “In a Company Act Amendments of 1970 to Reserve Chairman Ben Bernanke and sea of waves, which was not always a the Financial Services Modernization other government regulators. Cohen’s pleasure, working with Rodge most Act of 1999 that allowed bank holding client Fannie Mae, the government- certainly was.” companies to diversify into securities controlled mortgage loan buyer, was For Cohen, the worst moment was and insurance. The third trend was in danger of failing, reeling from learning there would be no government “incredible innovation in the banking the subprime mortgage debacle and rescue for his client Lehman Brothers, industry itself,” which toppled the skyrocketing foreclosures. as he’d helped secure for his client banker’s long-standing conservative Within days, Cohen (known as Bear Stearns the previous March, motto of “3-6-3: Borrow at 3 percent, “Rodge”) and his team had helped and so a historic “icon” of American lend it out at 6 percent, on the golf broker the deal that put Fannie finance was left with no option but course at 3.” One of the great ironies, Mae and Freddie Mac under federal to file for bankruptcy. “I thought this Cohen noted, “is that a number of conservatorship. But even as Cohen was a horrible mistake,” said Cohen, products and policies were devised to helped stave off one crisis, others “although it must be placed in the diversify risk, which is good, but these erupted, with shocking speed. For the context of incredible pressure and also mask risk and make it opaque.” next five weeks he worked frantically many right decisions.” Cohen’s own confidence in the with Wall Street and Washington “I had a meeting with government financial system’s stability was shaken leaders, counseling financial giants officials, in essence to say, ‘I assume if during 2005 and 2006, when bank Lehman Brothers, AIG, Goldman you let Lehman fail, you think you can regulators proposed new guidelines on Sachs, JP Morgan Chase, Wachovia, develop a firebreak around that failure, residential real estate lending. Working MUFG and others, as the realization so the fire won’t jump across. But the with banks to prepare their response, grew that deep and unquantifiable problem is, I don’t think you know how “I became aware of the deterioration in risk riddled the U.S. financial system. much dry tinder is on the other side, underwriting standards for residential The Dow Jones sank, credit markets and there’s a hard wind blowing.’” The real estate lending,” he said. Another froze, and by late September Paulson officials assured him the situation was warning sign came in August 2007, was calling for the $700 billion bailout under control. But, Cohen recalled, “I when the major mortgage lender known as the Troubled Asset Relief walked away from that meeting deeply Countrywide almost collapsed. “In Program. concerned the government did not have this and each subsequent crisis, two or One year after the U.S. financial it under control at all.” three people were largely responsible system’s excruciatingly close call, Many would have quailed had they for avoiding disaster,” he explained. In Cohen reflected on those “five weeks in been aware of the powerful banking this case, Treasury Secretary Timothy hell,” warning signs that preceded that lawyer’s fears. Since the early 1970s, Geithner, BNY Mellon CEO Bob Kelly time, the state of the system today and H. Rodgin Cohen has been a key and JPMorgan Chase Chief Executive dangers ahead. player in helping build the financial Jim Dimon “stepped up and did the About that frantic September, system that almost failed. Said HLS right thing to keep Countrywide afloat. what stands out most, he said, is Professor Howell Jackson ’82, “It’s But when I saw how close we’d come “the incredible, nonstop intensity” hard to think of a major transaction or to failure, it was clear how fragile the as the Fannie Mae/Freddie Mac financial crisis where he didn’t play a system had become.” rescue immediately morphed into the leading role. He’s a terrific lawyer and What ultimately triggered the 2008 realization that Lehman Brothers was an incomparable adviser.” Yet Cohen meltdown? The major culprit, Cohen on the brink, “which then occupied readily acknowledges that he too was believes, was excessive leveraging on everyone’s attention round the clock stunned by the onslaught of fall 2008. every level—individual, corporate and from Wednesday until Sunday, by The problem, he said, was that trouble government. “But even that would which time AIG had become a major came from all directions at once. not have been a problem without problem.” The ground beneath kept According to Cohen, three trends numerous contributing factors,” shifting, he said, adding, “So much was set the stage for the U.S. banking such as excessive risk at individual going on at once, it was impossible to system in the 21st century. “Number institutions and lax lending standards,

22 harvard law bulletin winter 2010 Photographs by nicole bengiveno/the new york times/redux

c2-37_HLB_Wntr10_03_r1.indd 22 12/16/09 6:23 PM COHEN’S OWN PRACTICE has shifted as he helps smaller institutions work through the same array of threatening problems that his large institutional clients experienced.

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c2-37_HLB_Wntr10_03.indd 23 12/14/09 6:30 PM he said, “which helps explain why worked for two years with banks The proposed federal financial government and business and the around the world to close a major reforms include tougher regulation of private sector failed to see what was loophole for terrorist funding. the derivatives market, a requirement coming much earlier.” Clearly, there In the aftermath of the 2008 crisis, that credit-default swaps be traded was not enough scrutiny. “You can “we’re all trying to figure out what through clearinghouses and the blame government officials for that,” went wrong—not to assess blame but to creation of a national consumer Cohen said, “but they didn’t make prevent any recurrence,” he said. “We’d financial protection agency. these loans. Nobody escapes blame.” lived through serious crises in the past “Consumers were ill-served; our Cohen shared his views with 30 years. Each time we surmounted regulatory system didn’t work,” the easy command of someone them” without risking a true financial Cohen said, “but I question whether who has spent his entire career collapse. “But this time that didn’t we need a new authority but rather a intensely engaged with his specialty. happen.” reinforcement” of existing regulatory A Charleston, W.V., native, whose Today, Cohen said, the “danger of authorities. One clear need, he said, father owned a chain of drugstores financial contagion remains very real.” is to have all the states represented. and mother was active in local Government agencies charged with However, he is against a provision philanthropy, Cohen attended Harvard oversight “do not have the necessary that would permit states to enact College and then went directly to information to deal with the potential their own consumer protection laws Harvard Law School, the only member of great risk in the system.” And on top of those set by the federal of his family he can think of, apart “risk control systems are neither government. Calling the proposal from a cousin, to pursue law as a adequate at many financial institutions “ill-conceived and inconsistent,” and profession. nor sufficiently monitored by the the most damaging from the banking Yet as a law student Cohen had regulators.” The biggest threat, he said, industry’s perspective, Cohen pointed no particular interest in financial is that if customers and depositors are out that since McCulloch v. Maryland systems. “Banking law chose me,” he no longer able to evaluate the viability of 1819, “we’ve had a national banking said, when, after serving two years in of a financial institution, “they will system with uniform national rules.” the Army, embarking on his new job flee.” Instituting state-by-state rules would as a general practitioner at Sullivan & He emphasized concern for the give each state “total enforcement Cromwell, he was invited to shift over nation’s small and mid-size banks, powers.” One would never know to the banking section, then in flux. citing projections that a thousand of for certain “which regulator would Protesting that he knew nothing about them could fail. “We can’t quantify challenge what.” banking, the fledgling associate was how much risk that would create,” Whatever shortcomings Cohen told, “Don’t worry. You’ll pick it up.” said Cohen. “We need to reduce that perceives, the federal reform package So he did, at a breakneck pace, number.” His practice has shifted as is vital not only “to have the ability his career unfolding in tandem with he helps smaller institutions through to deal with problems, but also to massive shifts in the financial system, the same array of life-threatening help restore confidence,” he said. including the M&A boom and the problems that his large institutional Nevertheless, he warned, “ultimately, rise of globalization. He started clients have resolved—he put it unemployment has to peak to begin out in the 1970s, a decade of “great understatedly—“one way or another.” a recovery. Our financial system has uncertainty,” with the slumping After the tumultuous cycle of built-in shock absorbers, but nothing U.S. economy and a freezing of the resignations, ousters, and upheaval can overcome a bad economy.” financial system around the world on Wall Street and a presidential When asked how he escapes the during the Herstatt crisis, when one of transition, Cohen has confidence in the nonstop, sometimes crushing demands Germany’s landmark banks collapsed. current leaders of the nation’s major of his work, Cohen said he likes to He regularly traversed the tightrope financial institutions, and particularly take his dog on long rambles. He and of high-stakes crises, from his work in Timothy Geithner and Ben Bernanke his wife are devotees of the theater on resolving the 1974 bankruptcy of of the government’s financial sector. and regularly attend performances the Franklin National Bank, at that In June, President Barack Obama by the New York Philharmonic and time the largest bank failure in U.S. ’91 released proposals for “a sweeping Westchester Philharmonic. Cohen also history, to his involvement in the overhaul of the financial regulatory enjoys sitting down at the piano. Is it 1981 bank negotiations unfreezing system, a transformation on a scale not pure chance, in a year of guiding clients Iranian assets that led to the freeing of seen since the reforms that followed the through shock and tumult, that he American hostages held in captivity Great Depression.” Cohen concurred found himself drawn from his familiar for 444 days. He helped rally the Wall that nothing less is needed. “President Broadway repertoire to a new interest Street community in the aftermath of Obama’s clarion call is correct,” he in mastering the chord changes of rock the Sept. 11 attacks, and subsequently said. and roll? P

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c2-37_HLB_Wntr10_03.indd 24 12/14/09 6:30 PM COHEN WALKING HIS DOG, Bacall (named after the actress Lauren), near his home in Irvington, N.Y.

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c2-37_HLB_Wntr10_03.indd 25 12/14/09 6:30 PM BY LEWIS I. RICE

On Jan. 22, 2009, President Barack Obama ’91 signed an executive order mandating that individuals detained in armed conflict will “be treated hu- manely and shall not be subjected to violence to life and person.” The order also established a task force to determine, after years of debate over the treatment of detainees since the Sept. 11 terrorist attacks, the most appropriate way to acquire intel- ligence that would protect the nation. ¶ Harvard Law School Professor Philip Heymann ’60 had an answer. And his proposal may soon become the standard for the how the United States handles interrogations to prevent future terrorist attacks. ¶ Last summer, A QUESTION OF INTERROGATION Heymann met with the heads of the CIA, the FBI and the Special Task Force on Interrogations and Transfer Policies to present his idea: that the government should Philip establish “the world’s best noncoercive inter- Heymann rogation body,” he says. It would bring together proposes a top interrogators from the FBI, the CIA and the new model for military who would mobilize anywhere in the intelligence gathering in the fight against terrorism

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c2-37_HLB_Wntr10_03.indd 26 12/14/09 6:30 PM Illustration by edel rodriguez winter 2010 harvard law bulletin 27

c2-37_HLB_Wntr10_03.indd 27 12/14/09 6:30 PM world to question high-value detainees while following admissibility—such as perhaps the Miranda warning—were the standards set forth in Obama’s executive order. In followed. addition to their own experience, the members of the In making a proposal for a specialized interrogation interrogation teams would rely on information gleaned unit, the Special Task Force on Interrogations and Transfer from our democratic allies, social science and detailed case Policies determined that the noncoercive interrogation studies. They would share what they learn by helping to practices outlined in the Army Field Manual are appropriate train other government interviewers and those recruiting to guide the teams. Of course, some people, notably former sources of information—serving as a model for how to elicit Vice President Dick Cheney, have criticized the notion of cooperation in a way that does not violate the law. relying on only noncoercive techniques to gain information “If you wanted to credibly step away from coercion,” from those intent on killing Americans, contending it Heymann says, “you had to build something that was heightens the threat of a future terrorist attack. The noncoercive but combined the best knowledge and the most argument to employ coercion is most pronounced in skilled interrogators.” “ticking bomb” scenarios, when information is needed Government officials agreed. In August, the Department immediately in order to save lives. Yet Heymann notes that of Justice announced plans for a High-Value Detainee the U.S. has not confronted such a scenario, and, even if it Interrogation Group, whose framework reflects Heymann’s did, he questions whether the use of abusive techniques, recommendation. FBI Director Robert Mueller, testifying in such as those approved in opinions from the Bush Justice September before the Senate Judiciary Committee, said that Department, would garner prompt cooperation. “They are he expects the group, which will be administratively housed intended to break the will over time,” says Heymann. at the FBI, will be operational by the beginning of 2010. In Juan Zarate ’97, deputy national security adviser for the meantime, he said, “there’s outreach to other persons,” combating terrorism in the Bush administration and now a including Philip Heymann, “who have done research in this senior adviser at the Center for Strategic and International area to try to bring in early the lessons learned.” Studies, agrees that a ticking bomb scenario is unlikely. But Heymann says it was the right time to consider the while calling the concept of elite interrogation teams “an proposal, as the new administration seeks to forge its own important innovation,” he says that questions remain about path in the fight against terrorism. And, it would seem, whether coercive interrogation short of torture should be Heymann was the right person to make the case. employed in certain circumstances. A deputy attorney general in the Clinton administration “In scenarios where you have a heightened threat and assistant attorney general in the Carter administration, environment or you have a high-value detainee who may Heymann has been steeped in issues surrounding terrorism have critical information where the Army Field Manual for many years. His books include “Terrorism, Freedom, techniques just aren’t working in a timely fashion,” Zarate and Security” (2003), and “Protecting Liberty in an Age of says, “the policymakers are still going to be faced with the Terror” (2005), co-written with Juliette Kayyem ’95, now question that the policymakers were faced with soon after assistant secretary in the U.S. Department of Homeland Sept. 11, which is: Are there other techniques that still can Security. And with Kayyem and HLS Assistant Professor be considered lawful that could be applied? I think that’s Gabriella Blum LL.M. ’01 S.J.D. ’ 03, he has written “The ‘No- still the fundamental question that’s left unanswered even Law’ War: Lessons from the War On Terror,” forthcoming within this construct.” from MIT Press. As director of Harvard Law School’s In the book “Protecting Liberty in an Age of Terror,” International Center for Criminal Justice, Heymann has led Heymann did consider the possibility of using what he an initiative focused on preserving national security and says are “somewhat coercive techniques”—short of torture protecting civil liberties in the war on terrorism. or cruel, inhuman or degrading treatment—under limited He points to examples of noncoercive U.S. interrogations circumstances. While emphasizing that the United States that were successful. One was the case of the bombings should always abide by its statutory and treaty obligations, of the U.S. embassies in Tanzania and Kenya, which was he recommended an emergency exception that would allow solved through humane and legal interrogation by the the president to authorize lesser coercive techniques whose FBI, according to Heymann. In contrast, he cites the case use would have be reported to Congress. Furthermore, of Mohammed al-Qahtani, who allegedly planned to be these techniques could be practiced only when the president part of the Sept. 11 attacks. The convening authority of personally determined them necessary and likely to obtain military commissions declined to refer al-Qahtani’s case for information that would save lives and could not be obtained prosecution because of the harsh treatment he faced as a in any other way. Guantánamo detainee. The exception is not tacit support for coercive Under the Obama administration’s plan for the High- interrogation, Heymann says, but would force a president Value Detainee Interrogation Group, priority will be given to take responsibility should he choose that option—the to intelligence gathering rather than law enforcement. opposite of what occurred in the Bush administration, he Statements made during interrogations could still be used adds. At the same time, he does not favor prosecuting those for prosecution as long as applicable requirements for who authorized coercive interrogations after 9/11. “I think

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c2-37_HLB_Wntr10_03.indd 28 12/14/09 6:30 PM it’s very dangerous for members of one administration to decide how to preserve both our safety and the Constitution. prosecute members of a prior administration for something “Our recalibration now is not just a function of the that the supporters of the prior administration believe was political winds changing but also the reality that we are in proper,” he says. a different place in terms of what we know about the enemy Zarate notes that the environment has changed since the and the nature of the threat,” Zarate says. “I think we feel aftermath of the terrorist attacks—and not only because much less vulnerable in 2009 than we did on September of a new president. He recalls the concern at the time that 12, 2001, and that [reduced] sense of vulnerability and standard ways of operating were not sufficient to protect the sense of knowledge of the enemy all play into our ability country. As government officials attempt to set standards on to competently set baselines as to how we’re going to treat detainee treatment now and into the future, they will have to these detainees and how we’re going to interrogate.” P

A CALL TO DO NO Coercive inter- Popowski says. She cites fessionals at risk. She also HARM rogations infl ict the case of James Mitch- contends that professional discomfort or ell and Bruce Jessen, associations, particularly pain with the psychologists who after the American Psychological goal of eliciting 9/11 designed the CIA’s Association, have largely information. Yet interrogation practices, failed to take a forceful all too often, says Deborah Popowski ’08, for which they “reverse public stand against viola- those involved in such interrogations are engineered” a program tions of standards. supposed to be helping people, not hurt- originally developed That is not something ing them. for U.S. personnel to that can be said about Since earning her law degree, Popow- resist treatment such as Deborah Popowski ’08 Popowski. Her fellowship ski has focused on the role of medical waterboarding and sleep continues a commitment to professionals in abusive interrogations, deprivation. activism that she demonstrated as a law fi rst with the Center for Constitutional “They’re using these skills that were student, when she protested Bush admin- Rights and now as the Skirball Fellow for taught to them for the purpose of doing istration policies on detainee treatment HLS’s Human Rights Program. In that role, good to develop a system of torture for and military commissions. In her 3L year, she advocates for legislation that would the U.S. government,” she says. she attended a Human Rights Program make it easier for state licensing boards Other instances have found medical workshop on health professionals and hu- to sanction health professionals. She cur- professionals participating in forced man rights. (The conference led to the HRP rently is supervising clinical students on feeding and drugging, providing care con- book “Interrogations, Forced Feedings, public education advocacy related to legal tingent on cooperation in interrogation and the Role of Health Professionals” as action seeking to compel the Louisiana and administering unnecessary medical well as the legislative project.) State Board of Examiners of Psychologists procedures, according to Popowski. Those She is pleased to have the opportunity to investigate psychologist and retired who have played a role in such treatment to return to HRP, a haven to her as a stu- U.S. Army colonel Larry C. James, a former have escaped accountability for actions dent, she says, because of the faculty and adviser on interrogations for the U.S. mili- that contravene both professional codes students who share her longtime commit- tary in Guantánamo Bay and Abu Ghraib. of conduct and the U.N. Principles of Medi- ment to social justice. As the granddaugh- She also raises public awareness of viola- cal Ethics, she says. ter of Holocaust survivors and a native tions of professional ethics through the Popowski is trying to change that by of Argentina born during the country’s Web site www.whenhealersharm.org. advocating legislation such as a proposed dictatorship in the 1970s, she says she was “I think anyone participating in torture bill in New York State that would prohibit aware while growing up of the dangers of is problematic,” she says, “but when you health professionals from being involved authoritarianism and oppression. have people engaged in professions that with abuse of prisoners. The bill, for which “Knowing this history gives you a have a stated higher calling like the law Harvard Law students assisted with legis- frame of reference,” says Popowski. “You and medicine, it becomes particularly lative analysis and legal research, would know that things can get really bad, and problematic.” establish new grounds for disciplining you’re aware of how they get there. And For health professionals, the problems health professionals, she says, with the you know it’s always about someone else, go to the very nature of their profession, license to practice of culpable health pro- until it’s about you.” —L.R.

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c2-37_HLB_Wntr10_03.indd 29 12/14/09 6:30 PM 30 harvard law bulletin winter 2010 Illustration by kim demarco

c2-37_HLB_Wntr10_03.indd 30 12/14/09 6:30 PM To prevent domestic violence, do we now overregulate the home? A scholar raises some provocative questions.

BY ELAINE McARDLE

THE LAWS OFUNINTENDED

CONSEQUENCES

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c2-37_HLB_Wntr10_03.indd 31 12/14/09 6:30 PM About a year and a half ago, Jeannie Suk ’02 and Larry Tribe ’66 were casually chatting at an HLS party when he asked her about a book on which she was working. As Suk, an assistant professor at HLS, responded to Professor Tribe’s questions about her research, she suddenly formulated her core thesis. and thrown into jail. In many “It was in the middle of talking to him, in that jurisdictions, the prosecutor moment, that I said, ‘This is my argument!’” recalls will be compelled to pursue a Suk, a 2009 Guggenheim Fellow and a senior fellow domestic violence case even against the wife’s objections, of the Humanities Center at Harvard, whose areas of and the case can proceed based concentration include family law and criminal law. solely on the police observations. “Larry looked at me and said, ‘Are you saying …’ and The result can be a family permanently divided—what Suk then repeated back what he thought I was saying, and calls “de facto divorce.” said, ‘Because if you’re saying that, that’s huge—that’s “I think Jeannie is showing amazing.’ And I said, ‘That is what I’m saying.’” that in many cases, we are way, way overcorrecting,” says Janet Halley, HLS Royall Professor The revelation prompted by their “It’s a big thesis, and it’s a powerful of Law and an expert on family law dialogue was that there has been a one,” says Joseph Koerner, the Victor and legal theory. “One thing she found revolution over the past 40 years in the S. Thomas Professor of the History as a prosecutor [Suk worked briefly legal concept of home. Instead of the of Art and Architecture at Harvard as a prosecutor in New York] is that centuries-old notion of home as a place University, whose work includes a once the phone call goes in and police of sanctuary and safety, the law has focus on the meaning of home. “The establish there’s been any violence—or made “a radical shift,” Suk says, and changes that have occurred in [recent sometimes even the threat of violence, now regards home as a place of actual decades] around how the law infiltrates or psychological violence—then a and potential violence that requires and is seen as part of the family whole machine that was set up to deal hyper-vigilance and far-reaching home as opposed to what affects the with women whose bones were broken action by the state, including the family home—that’s a very profound or who were repeatedly raped goes restructuring of family relationships. difference.” into action, and that there’s no break in She argues that the state now regulates In one chapter, Suk observes that that machine, in some of these regimes the home in a way that has enormous accusations of domestic violence, we’ve got.” implications for basic concepts of unlike most other crimes, can set into Suk insists she is not diminishing privacy in myriad areas of law and motion a train of events that almost no the seriousness of domestic violence policy—not just the enforcement of one has the power to halt, including the but is seeking an honest discussion domestic violence laws. alleged victim. If a neighbor calls the on whether we should be satisfied Today, Suk’s elaboration on her police after hearing what sounds like with the legal reforms we have had, thesis has been published as “At Home fighting in the apartment next door, the given their significant consequences in the Law: How the Domestic Violence specter of domestic violence will lead for privacy and autonomy. “Throwing Revolution Is Transforming Privacy” police to suspect a crime and interpret the remote control or throwing a (Yale University Press, 2009). In the things they witness as support for chair on the ground is not the same as book, Suk suggests that the legal that suspicion. A broken plate on the taking a bat and beating somebody,” system’s laudable goal of protecting floor, for example, can be the basis Suk says, “but a philosophy about people—primarily women—from for probable cause that domestic the subordination of women domestic violence has had significant, violence has occurred, even if both observes that subordination happens unintended consequences that spouses insist it did not or the woman paradigmatically in the home between impinge on privacy in the home and downplays the seriousness of the event. a husband and wife. Everything that are harming families, especially in The husband may be arrested and happens in the home is subject to lower-income communities where charged with domestic violence (which that lens, and the law makes fewer police presence is more pervasive and now includes much conduct that is distinctions in human interactions and intrusive. not physical); a restraining order will regulates so much more than might be Like Tribe, other colleagues at be issued ordering him to stay away ideal for protecting autonomy in the Harvard are praising Suk’s work as from the home; and if he tries to visit home, where women and men still lead courageous and groundbreaking. his family, he will be arrested again much of their intimate lives. Everyone

32 harvard law bulletin winter 2010 Photograph by nina subin

c2-37_HLB_Wntr10_03_r1.indd 32 12/16/09 6:24 PM “The law makes fewer distinctions in human interactions and regulates so much more than might be ideal for protecting autonomy in the home.”

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c2-37_HLB_Wntr10_03_r1.indd 33 12/16/09 6:25 PM Between ‘30 Rock’ and a hard place, Alec Baldwin has been fi elding questions from Harvard Law students.

The Law Professor knows that intimate lives include some things that aren’t pretty, and perhaps and the Movie Star we need to consider more sensitive distinctions between the unpleasant and the criminal there.” Forty years ago, police routinely failed to take domestic violence seriously, and tragedies frequently resulted, Suk notes. But in today’s legal environment, she explains, throwing a plate on the floor, or even calling a spouse an ugly name, is not

PHIL FARNSWORTH viewed as a minor incident but as a When actor Alec Baldwin appeared at HLS last fall to discuss his new book possibly inextricable part of a very on his personal experience with the divorce court system, it marked the sec- serious whole. “All of these things ond time that Assistant Professor Jeannie Suk ’02 brought him to campus to can be interpreted as preludes to and discuss issues of mutual interest, including whether the law goes too far in smaller instantiations of something so defi ning minor incidents of “bad behavior” as evidence that a parent is unfi t. pernicious and nefarious that it has to Baldwin, of course, is a kind of poster boy for this situation, after a now- be rooted out by the state,” she says. famous incident in 2007 in which, during a rancorous child custody battle What is needed, Suk believes, is with his then wife, Kim Basinger, he left a phone message for his daughter, honest reflection on whether it’s time calling her a “rude, thoughtless little pig” for failing to answer a phone call to restore a better balance between from him. A tape of the message was released to the press, and Baldwin was privacy and safety. For one thing, she widely vilifi ed. His frustration over that experience and his concern about says, “I’d take another look at the way, the way courts handle custody decisions led him to write a book—and to in many jurisdictions, all kinds of reach out to Suk. crimes committed against spouses are “I came to know Alec Baldwin when he called me up to have a conversa- considered domestic violence—even tion about family law because he was going to be at Harvard for an event,” stealing from your spouse or emotional recalls Suk. Baldwin wanted to reach out to a family law expert, and Suk was harassment.” But her primary criticism recommended to him. “He came to my offi ce, and we talked about a lot of is of mandatory prosecution of an things,” she says. A lively but serious interview with her about family law alleged abuser even in misdemeanor and child custody eventually appeared in a chapter of his book. cases in which a victim wants the While they don’t agree on everything, Suk is interested in Baldwin’s charges dropped. “I would emphasize perception of the family law system as gender-biased. “Many of his ideas are what it is that the victim says she different from mine,” she says, but “he’s talking about a set of developments wants,” she says. “Because if there related to the ones I’m talking about, so I didn’t have a feeling that this was aren’t even any bruises and law something I wanted to distance myself from.” If Baldwin were not famous, enforcement is in the habit of enforcing of course, the voice mail incident would not have become notorious and he what it thinks she should want, it’s could simply have apologized to his daughter, she says. Once his comments getting into really messy territory were released, the specter of domestic violence was evoked, Suk says, and of state control of the home, not to there were “these dark implications that maybe he beats her or is menacing mention women’s autonomy.” in some way.” It’s this refl exive categorizing of a regrettable act as evidence While Suk tends to take on very of something very serious that needs government intervention, rather than difficult topics in her work—her next a human mistake, that Suk addresses in her new book. article is on abortion—her goal is not Suk recognizes that some of the articles she has written are taken by conflict but honest discourse. “I wish fathers’ rights groups or men’s advocacy groups to support positions with there were a way that the domestic which she may not necessarily agree. “The fact that I’m not politically identi- violence community would not think cal to those people and aiming for exactly the same things doesn’t make what I’m out to do is destroy their me worried … that they fi nd something in an article that might resonate or work and destroy all their progress,” illuminate a problem they may not know how to verbalize,” she says. “My she says. “I wish that were possible, articles have given tools for refl ection to all kinds of people across the politi- and my optimistic hope is that the cal spectrum, but that’s what you do as an academic. You try to tell the truth book will be received as an opening to as you see it.” —E.M. conversation and genuine reflection, not a polemic against a good cause.” P

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c2-37_HLB_Wntr10_03_r1.indd 34 12/17/09 6:09 PM STRIVING ALWAYS TO GET IT RIGHT

REFLECTIONS ON DAVID SOUTER ’66 GETTY IMAGES Last spring, David Hackett Souter ’66—the U.S. Supreme Court’s 105th justice— announced his retirement and stepped down at the end of the term. We asked four alumni who had firsthand experience with the justice for their reflections.

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c2-37_HLB_Wntr10_03_r1.indd 35 12/16/09 6:25 PM THE LIBERALISM OF THE is not reactionary, but Burkean. And BURKEAN CONSERVATIVE to the Burkean conservative, the slow, gradual expansion of liberty is the very When David Souter was in the purpose of the preservation of well- process of being confirmed to the established social and legal norms. Supreme Court, he mentioned as his Justice Harlan said as much in Poe v. judicial model the younger Justice John Ullman. The judge charged with giving Marshall Harlan—that great dissenter content to the general command of of the Warren Court and the author due process must look deeply into the of a famous dissent in the case of Poe structure of constitutional history, to find v. Ullman describing the sources of the core of the ordered liberty that resides substantive due process under the there, and apply it to the case at hand. ASSOCIATED PRESS ASSOCIATED Constitution. The norms must be defined narrowly and Republicans eager to ascribe their applied cautiously, with close attention The Arc of a Judicial own views to the nominee read into this to the maintenance of continuity with comment the expectation that he would the past. But because the facts are always Pragmatist adopt a skepticism toward judicial new, the rights shaped in response to activism. In this they were correct: circumstance are not the same rights that Justice David Hackett Souter ’66 Justice Souter dissented from many of the existed before. They are new rights for was appointed to the Court by most activist opinions of the Rehnquist new cases—not novel, not born from the President George H.W. Bush in Court. Some conservative observers also head of Zeus, but derived from principles 1990—filling the seat left by Wil- imagined that Justice Souter would object that are themselves inferred from the liam Brennan LL.B. ’31. He served to the expansion of liberal rights. In this chain of facts and law and cases that have on the Court for 19 years and they were mistaken. Justice Souter’s come before. wrote more than 300 opinions. A jurisprudence, like that of Justice Harlan, Later, critics of the justice—those who self-described “judicial pragma- had misheard or misread—coined tist,” he is perhaps best known the rallying cry “No more Souters.” for his dissents in landmark cases In this they will be satisfied: We such as Bush v. Gore, Boy Scouts shall not see his like again. But so of America v. Dale, and United long as thoughtful, cautious judges States v. Lopez, as well as his joint see the seeds of liberty in the cases authorship of the plurality opinion on the shelves—so long as the arc of in Planned Parenthood v. Casey. the Constitution still bends toward Prior to his appointment to the freedom—future justices will follow Court, Souter was the attorney the Souterian tradition. We will be general for the state of New the luckier for it. Hampshire, an associate justice for the New Hampshire Superior David Souter and Noah Feldman PROFESSOR NOAH FELDMAN clerked for at Harvard in October

Court, an associate justice of the NEWS OFFICE HARVARD Justice Souter in the 1998-99 term. New Hampshire Supreme Court and a judge on the 1st Circuit Court of Appeals. During his The Elegant and Humane Mind in Motion tenure on the Court, he returned to Harvard Law School several It is diffi cult to write a tribute to David Souter knowing his very real dislike of hearing his praises times to judge the Ames Moot sung. So this is not to praise but rather refl ect on the example he presents to me, his law clerk. Jus- Court competition. In the fall, tice Souter is often described as a man of the 18th or 19th century. His prose style is reminiscent of Souter (who is also a graduate Henry James, or perhaps Henry Adams. To me, though, Justice Souter embodies a certain aesthetic of Harvard College) came back of pared-down neoclassical minimalist discipline—one that is essentially modern. It begins with again to Harvard—this time on his form of life, which is simplicity itself: reading; a spare lunch; work; time alone; a run; more read- the anniversary of the signing ing. Great pleasure in the lack of excess or frill. Its deeper manifestation resides in his form of rea- of the U.S. Constitution—and soning. The approach is to get things done while taking up the minimal space required within the participated in a discussion with realm of doctrine. In narrow passages between the rationales and principles of precedent, Justice Professor Noah Feldman. Souter fi nds the room for assigning rights and remedies, getting from one place to another without wasted movement. Listening to him think is to visualize legal reason as the elegant and humane 5For a video of the discussion, go to mind in motion. Its embodiment is not only the justice, but really the man David Souter. http://bit.ly/souter-video. ASSISTANT PROFESSOR JEANNIE SUK ’02 clerked for Justice Souter in the 2003-04 term.

36 harvard law bulletin winter 2010

c2-37_HLB_Wntr10_03_r1.indd 36 12/16/09 6:26 PM THE MARK OF HIS CHARACTER David Hackett Souter is a great judge. His Supreme Court opinions have been scholarly and thoughtful. His jurispru- dence refl ects deep dedication to the principles and values he believes are enshrined in our Constitution. But Justice Souter’s quality as a judge derives from more than the caliber of his opinions, his intellect and his scholarship. It is rooted in his very approach to the work of his offi ce. He is the most conscientious public servant

KEN HEINEN I have ever known. The seriousness with which he took his responsibilities Upon joining the Court in 1990, the new justice met with fellow alumni for and his oath, something I saw at fi rst a photo. From left: Justices Anthony Kennedy ’61, Antonin Scalia ’60, Harry hand, were extraordinary. He worked Blackmun ’32 and David Souter ’66 on weekends and late into the night, striving always to ensure that, to the best of his ability, he got things right. No Shrinking from the Hard Questions And regardless of circumstance, he was unfailingly polite and considerate to all Justice David Souter is an anomaly: He is a gifted public speaker and around him. raconteur who rarely gives public speeches. While other justices literally The Court will not be the same circumnavigate the globe to spread their views, apart from his quasi-mandatory place without him. But his willing- annual remarks as circuit justice for the 3rd Circuit, which I had the good fortune ness to walk away from his position of hearing on multiple occasions, Justice Souter eschewed public appearances. while still so young also refl ects some After attending a welcoming reception hosted by the Supreme Court press corps of what makes him such a fi ne judge. soon after his confirmation, Justice Souter reportedly thanked his hosts and said, Justice Souter has not been changed “This was fun. Let’s do it again when I retire.” Even that proved too soon for the by the power of his position; he never famously private justice. permitted himself to conclude that As a consequence, for most in Washington, the only opportunity to hear he was indispensable to the Court. Justice Souter speak publicly was at oral argument. And there he was a force. The He deeply missed both the physical unwary litigant faced numerous obstacles, not the least of which was deciphering setting and culture of New Hampshire, what the justice himself called his “distinct regional accent.” In one illustrative each essential to understanding who case, Justice Souter asked counsel to identify the critical legal flaw in the statute. he is, and, after almost two decades Counsel was flummoxed, with no idea why “a floor” was relevant. Sensing the of service, he decided to return home. difficulty, Justice Souter explained that he was inquiring (enquiring would be his Some have expressed puzzlement. But preferred spelling) about the constitutional infirmity—i.e., the flaw, not the floor— in making this decision, and in making and graciously blamed the misunderstanding on his accent. the myriad others he has on the bench, The far greater challenge for the advocate was to provide Justice Souter with Justice Souter has been concerned with a direct answer to his very direct questions. Never one to tolerate an evasion or making the right decision, not with how half-answer, Justice Souter would insist on an answer if it took all morning. In one he may look to others. case, an original action memorable for little else, Justice Souter pursued a single Justice Souter’s dedication, consid- question for nearly a half-hour. He eventually obtained a clear answer and the eration for others, humility and stead- advocate got his vote. fastness have played essential roles in This last point highlights that Justice Souter insisted on an answer for the his work as a judge. But these traits are simple reason that he had an open question. As an advocate, Justice Souter was also a mark of his character. For Justice wonderful to have in your camp and a formidable questioner when he was not. Souter is not merely a great judge—he But he would not refrain from asking the hard questions even when he was is a great human being. favorably disposed, nor was he immune to persuasion when he came in skeptical. From the humble perspective of the advocate, that is high praise indeed. PETER J. RUBIN ’88 is an associate justice of the Massachusetts Appeals Court. PAUL D. CLEMENT ’92 served as the 43rd solicitor general of the United States, from June 2005 From 1991 to 1993, he served as a law until June 2008, and has argued 49 cases before the Court. clerk to Justice Souter. P

winter 2010 harvard law bulletin 37

c2-37_HLB_Wntr10_03.indd 37 12/14/09 6:31 PM PROFILE BENTLEY KASSAL ’40 ARMED WITH A CAMERA, HE HAS DOCUMENTED WAR AND WAGED PEACE

Shutter Speed: 65 Years

A FEW YEARS ago, emonies in Paris where retired Judge Bentley the French minister Kassal ’40 began giving of defense pinned the talks on his World War medal on Kassal’s jacket II experience: He was an and kissed him on both air intelligence offi cer cheeks, Kassal and the who participated in three other newly decorated invasions and was rec- veterans arrived at ognized by the U.S. Army Normandy. Above the with a Bronze Star for beaches where 156,000 “meritorious service in Allied troops had come direct support of combat ashore, they heard Presi- operations.” dent Sarkozy, President Last June on the 65th Obama ’91, and Prime anniversary of D-Day, at Ministers Gordon Brown ceremonies at Colleville- of Britain and Stephen sur-Mer in Normandy, Harper of Canada deliver it was French President solemn tributes to the Nicolas Sarkozy and soldiers whose bravery other Allied leaders who led to Hitler’s defeat. did the talking. And it It was magnifi cent, was the French govern- Kassal said. “When it was ment that recognized over and the orchestra Kassal, bringing him and began to play our nation- his wife to France for the al anthem, I cried. I was ceremonies—and award- so emotionally captured ing him with France’s by the moment.” highest honor, the medal As President Obama of the Légion d’Honneur. and Michelle Obama ’88 In the summer, just were on their way to the a few days after he re- next event, to Kassal’s turned from France, Kas- great delight, the presi- sal invited a visitor into dent noticed Kassal’s

his Times Square offi ce NEWBURGER EMILY HLS cap and stopped for at Skadden, Arps, Slate, a photo. Meagher & Flom, where WWII INTELLIGENCE OFFICER BENTLEY KASSAL CARRIED A On the walls of his he is of counsel. Kassal offi ce in New York City was a judge for 24 years CONTAX AS WELL AS A CANTEEN hang photos of Kassal in the New York courts— with famous people from the lowest to the he’s come across, as a highest levels—and was a tremendous experi- sal landed on the beach landings during major in- state assemblyman in he speaks in measured ence.” near Gela, Sicily, and dug vasions, in Salerno, Italy, New York and later as sentences, but when he Kassal enlisted as a his fi rst foxhole as the and fi nally on Aug. 18, at a judge—from Eleanor talked about his trip, he private in the Army in bombs started to fall. St. Tropez, on the coast of Roosevelt to President was almost giddy. 1942. He graduated 17th “It felt like living in your Southern France—three John F. Kennedy, and “I’m still on a high—I in a class of 2,500 from own grave,” he recalled. days after the invasion now the Obamas. But don’t sleep as well as Army Air Force Offi cer Kassal planned bomb- of 250,000 Allied troops, there are also the photos I did before,” he said. School, and in 1943, he ing runs and advised which he had helped to he’s taken himself. Since “Receiving recognition arrived in North Africa American pilots on the plan. It was 70 days after 1971, Kassal has traveled 64 years after the war and was assigned to air vulnerabilities of the the Allied forces stormed to 158 countries as a ended, at the age of 92. intelligence support for German Luftwaffe. He the Normandy beaches. volunteer photographer I just can’t get over it. It the invasion of Italy. Kas- participated in two other Last June, after cer- for organizations such as

40 harvard law bulletin winter 2010

38_71_HLB_Wntr10_09_r1.indd 40 12/16/09 6:29 PM Save the Children. Kassal hadn’t re- Kassal got his fi rst ceived combat training, camera when he was 5, but with six men with and he believes he has carbines, he approached a pretty good eye. But the farmhouse where the what he’s proudest of are Germans were waiting. the expressions he’s cap- “I didn’t know what to tured, like the determina- do next,’’ he said, “but tion of the boy soldier in I imagined what John Afghanistan: “You’ve got Wayne would do and I to wait for the right mo- said, ‘All right, men, cover ment,” Kassal said. me.’” He did so during “I didn’t know exactly World War II. The talks what that meant, nor did he’s given on the war they,” he laughed. are illustrated with The German soldiers his pictures. Some were either over 50 or document the effects of under 16. But their com- Allied bombing—from manding offi cer was a crushed army barracks 27-year old lawyer, like to wrecked churches— Kassal. WHITE HOUSE PHOTOGRAPHER but there are also the “We conversed in photos of people, like English,” he remembered, opposite page: the German prisoners of and the offi cer told him Kassal in his office, war—boys that seem no that Hitler would still sporting his army older than 14, smiling dis- win. “I wanted to hit musette bag and the replica he received in armingly at the camera. him,” Kassal admitted. June. top: Kassal, In another image, French Instead, he asked a ques- his wife, Barbara, soldiers lead a line of tion: “Did you ever think and Michelle and prisoners away. “I’m sure you’d be taken prisoner Barack Obama, they were all killed,” Kas- by a Jew?” Omaha Beach; sal said. “Look at their Kassal remembers middle: German faces.” He took a picture the look of hatred on the prisoners of war; of one such victim in the man’s face as vividly as if bottom left: Lt. South of France, a Ger- he’d snapped his picture. Kassal (second from man soldier whose body —Emily Newburger left) in XII Tactical War Room in Italy; dangled above a street bottom right: where passersby stared. 5To see more of Kassal’s a German soldier After the ceremonies work, go to: http://tinyurl. hanged in the South were over last June, com/Kassal-photos BENTLEY KASSAL of France, Sept. 1944 Kassal and his wife spent two weeks traveling in the South of France. He photographed syna- gogues for the Interna- tional Survey of Jewish Monuments, and while they were there, they took a detour to the vil- lage of Salon. It was there that Kas- sal had been called on to accept the surrender of German anti-aircraft sol- diers left behind as the German army retreated. BENTLEY KASSAL

winter 2010 harvard law bulletin 41

38_71_HLB_Wntr10_09_r1.indd 41 12/17/09 6:05 PM

PROFILE BETSY KREBS ’87 TEACHING KIDS TO ADVOCATE FOR THEMSELVES

Socratic But Not Scary

IT’S TUESDAY after- lunch break so he can noon in a Pound Hall help a friend coming classroom. The Socratic home from the hospital. method is in use, and the Addis gets a range of re- class is engaged. But the actions. One young man professor is a Harvard is certain Benny should Law student and he go over his supervisor’s is teaching 13 teenag- head: “Go to the person ers—all involved in the with the power.” A young juvenile justice system. woman strongly dis- Michael Addis ’10 agrees, arguing that the is leading a seminar immediate supervisor developed by former will feel passed over and family court lawyer Betsy take it out on the teen. Krebs ’87—executive “The kids respond director of the Youth really well to the format,” Advocacy Center in New says Addis. “I guess I’m York City—to help kids pushing them to think at risk advocate for their harder than their fi rst re- own futures. action—but there are so now participated in the Krebs and Paul Pitcoff many different answers seminars. In addition to developed the curri- that could work in these AN INNOVATIVE SEMINAR BRINGS AT-RISK launching the law school culum in 1992, based on problems.” TEENS TO HLS—AND BEYOND classes, the center trains their belief in the enor- The case brings up a variety of social service mous unmet potential of one of the seminar’s un- organizations to run the the young people they derlying assumptions: To training. Outcomes vary, encountered. Today they achieve your own goals, of them have had to deal worked very hard.” she says, in part because are joined by Ann Shalof you have to understand with, he says, “they are In addition to the the kids’ goals and needs ’92, now their organiza- the needs of others. choosing to come to this Harvard pilot—which are so different—from tion’s program director. It’s just a few weeks class to learn new tools was set up with help getting into college, The seminar, called into the session, but for facing challenges.” from Lauren Profeta ’09 to looking for a job, to “Getting Beyond the Sys- most students have Participants come to during a clinical place- stabilizing a home situa- tem,” focuses on setting already chosen a career the 10-week program vol- ment at the Youth Advo- tion. “The one thing that goals and developing goal—from welder, untarily, but they must cacy Center—this fall a we see across the board,” skills to achieve them. to auto mechanic, to attend and keep up with law student at Columbia says Krebs, “is a much But rather than lecturing graphic designer, to pa- the homework to gradu- led the seminar there, heightened sense of re- on how to get a job, or to role offi cer, to forensics ate. “[The ceremony] is for teens in foster care. sponsibility and interest live on your own, or to expert. By the end of the a really big deal,” Addis Krebs thinks the law in pursuing future goals.” apply to college, teachers term they will have com- says. Family members, student model can be Youth Advocacy use a modifi ed Socratic pleted the fi nal project: friends and former very powerful: “Having Center Program Director method, “inquisitive but preparing for and com- teachers attend along young people participate Shalof adds: “We see this not a scary Socratic,” pleting an informational with members of the HLS over the course of several as a complement to other Krebs specifi es, to interview with someone community. For students months in a kind of intel- kinds of programs that explore “cases”—diffi cult in their fi eld. who have dropped out of lectual conversation with offer more concrete job situations faced by teens. Addis, who came to high school, it’s espe- a facilitator at one of skills, or budgeting skills. In the Pound class- HLS after a stint with cially signifi cant. “The these schools is a really One of our goals is to pre- room, Addis is question- Teach For America, loves [students] feel a huge big deal. It makes them pare the young people ing the students about leading the seminar and sense of accomplishment feel like they can take on for the next step that one such dilemma. Benny expresses admiration for in the end,” says Addis, other challenges as well.” they’ll take, whatever has failed to get a harried his students. Despite the “which they deserve Krebs estimates that that is.” supervisor to change his very diffi cult things some because they really have hundreds of kids have —Emily Newburger

winter 2010 harvard law bulletin 45

38_71_HLB_Wntr10_09_r1.indd 45 12/16/09 6:31 PM Walking the Walk

vice in May. The National Security and In- ternational Affairs Medal recognizes a fed- JERRY SORKIN ’91 has Foundation (www. younger, and he believes eral employee for a significant contribution been battling stage IV lung lungevity.org) is the the radiation he received to the nation in activities related to national cancer for the past two leading private provider is the likely cause of the security and international affairs, including years, but he has taken of funding for lung cancer new cancer. “When I was defense, military affairs, diplomacy, foreign the fi ght to a new level research. Sorkin chose to diagnosed with lung assistance and trade. Turner was honored for himself and for others. support the organization cancer, I was stunned to for her leadership of USAID’s first-ever “crowdsourcing” initiative, pooling ideas In partnership with the in part because it was learn how many people from the public to address international LUNGevity Foundation, he co-founded by fellow suffer from it, how little challenges such as famine and public educa- organized Breathe Deep HLS grad Melissa “Missy” awareness there is for the tion. “Turner and her team have begun a D.C., a 5K walk to benefi t Lumberg Zagon ’92 (see realities of the disease, quiet revolution, one still in its infancy that lung cancer research. The Bulletin story at http:// and how little money our could represent a sea change,” wrote The walk was held on Nov. 15 www.law.harvard.edu/ country puts into research Washington Post in a profile of Turner. (See in Washington, D.C., on the news/bulletin/2003/ that would improve and www.washingtonpost.com/wp-dyn/content/ Washington Monument summer/bf_04.html). extend patients’ lives,” he article/2009/05/11/AR2009051100719.html.) grounds and the National Zagon was diagnosed with said before the walk. “I Mall. Approximately 1,400 lung cancer in September have quietly fought this 1982 raymond angelo belliotti’s 10th book was recently published: “Roman people, including many 2000 and died in January disease with family and Philosophy and the Good Life” (Lexington HLS alums, participated in 2007. friends. Together, we want Books, 2009). In this work, Belliotti dis- the event that raised more A nonsmoker, Sorkin to take the fi ght to the cusses the contemporary relevance of some than $250,000. was treated for Hodgkin’s Mall and raise awareness of the philosophical issues faced by the The LUNGevity disease when he was and funding to fi ght back.” Romans and offers ways in which we can learn from them in our attempt to create meaningful lives. Belliotti is a professor of philosophy at the State University of New Union and has litigated numerous cases company since 2001. She has also served as York at Fredonia. involving civil rights and constitutional law general counsel of the company’s Ovations jeffrey a. rosen has rejoined Kirkland in those roles. business unit. Massey is a trustee of the & Ellis as a litigation partner in its Wash- jack j.t. huang s.j.d. was recognized Lawyers’ Committee for Civil Rights Under ington, D.C., office, after five years of public as one of Asia’s top 25 mergers and acquisi- Law and serves on the board of directors of service in which he served as general coun- tions lawyers by Asia Legal Business maga- Twin Cities Diversity in Practice. sel of the U.S. Department of Transporta- zine. Huang is a partner at Jones Day in the martin f. murphy, a partner at Foley tion (2003-06) and then as general counsel/ Taipei, Taiwan, office. Hoag in Boston, was named a fellow of senior policy adviser for the White House wallace k. lightsey has become sec- the American College of Trial Lawyers Office of Management & Budget (2006-09). retary/treasurer of the South Carolina Bar in March. Murphy, who has practiced in In August, he was elected to the Govern- Foundation’s board of directors. Lightsey is Boston for 25 years, has also served as first ing Council of the ABA’s administrative an attorney with Wyche Burgess Freeman & assistant district attorney for Middlesex law section, for which he also serves as co- Parham in Greenville, where he has a litiga- County and as an assistant U.S. attorney for chairman of the Rulemaking Committee. He tion practice involving complex securities, the District of Massachusetts. was previously with Kirkland & Ellis from corporate and intellectual property cases, In April, jeffrey e. stone was elected 1982 to 2003. as well as personal injury, news media and chairman of the Management Committee elizabeth s. stong was elected in May construction disputes. at McDermott Will & Emery. He is based in to the Council of the American Law Insti- In August, rosanna a. márquez was the firm’s Chicago office, where he concen- tute. Stong has served as a judge on the U.S. named to the board of directors of the Do- trates his practice in white-collar criminal Bankruptcy Court in Brooklyn, N.Y., since nors Forum, which promotes philanthropy defense, complex commercial litigation, 2003. She is also an adviser for the insti- and a strong nonprofit sector in Illinois. internal investigations and RICO. He has tute’s Transnational Insolvency: Principles Márquez is currently president and CEO of served as chairman of the firm’s trial de- of Cooperation project. the Eleanor Foundation in Chicago, a public partment since 2005. Prior to joining Mc- foundation focused on working women’s Dermott in 1991, Stone was an assistant U.S. 1983 In August, larry corman joined economic security issues. Prior to joining attorney in Chicago for five years. A fellow the Boca Raton office of Greenspoon Mard- the foundation, she was appointed by Presi- of the American College of Trial Lawyers, er, a Florida-based law firm, as a member dent Clinton to serve as the regional admin- he is a frequent lecturer and has taught trial of the commercial litigation and labor and istrator of the United States Department of advocacy at HLS, at Northwestern Univer- employment practice areas. Corman was Housing and Urban Development, where sity School of Law and at the United States previously an attorney with Hodgson Russ, she oversaw implementation and evaluation Attorney General’s Advocacy Institute in also in Boca Raton. His areas of expertise of $3 billion in annual HUD funding for pro- Washington, D.C. include country clubs and other property grams throughout a six-state Midwestern owners’ associations, contract preparation region. 1984 s. elizabeth birnbaum, former and review, construction-related disputes, In March, gaye adams massey was staff director for the Committee on House and member and employee grievances. He appointed to the board of directors of Chil- Administration and the Department of the is a former chairman and member of the dren’s Hospitals and Clinics of Minnesota. Interior’s associate solicitor for mineral re- Broward County and State of Florida Board She is a senior deputy general counsel at sources, recently assumed her new position of Directors of the American Civil Liberties UnitedHealth Group and has been with the as the 10th director of the Minerals Manage-

46 harvard law bulletin winter 2010

38_71_HLB_Wntr10_09.indd 46 12/14/09 7:16 PM PROFILE DAVID A. SINGLETON ’91 IS WORKING TO FOSTER “SMART-ON-CRIME” JUSTICE REFORM IN OHIO

Finding Common Ground

WHEN DAVID A. Single- says, he saw young men ton ’91 began the Consti- his age, living in a place tutional Litigation Clinic he once called home, at Northern Kentucky already caught up in the University, his work criminal justice system. seemed cut out for him. “It hit me that I was Singleton, who hails from extremely lucky to grow North Carolina and now up with two parents who lives in Cincinnati, found cared about education. himself an “East Coast Both of my parents were liberal” professor engag- public servants, and they ing a crop of young con- were my most important servative law students in role models.” criminal justice reform. At HLS, Singleton He recalls one particular found a role model student named Margie, and mentor in Profes- who had gone back to sor Charles Ogletree Jr. law school after being a ’78. “I took his classes stay-at-home mom. “She and his clinic in my … voted for Reagan; I’m third year, and he had as far left as someone a huge impact on me,” can be,” says Singleton. “I he says. After beginning thought, There’s no way his career at the Legal here, and I feel that I can experience working with she is going to take to Action Center for the HIS STUDENTS have much more of an ex-convicts, he hopes to representing sex offend- Homeless in New York impact in Cincinnati than lead a new generation ers who want to go back City as a Skadden Fel- CHALLENGE LAWS I can on the East Coast, to advocate progressive, to the community.” But low, Singleton focused THAT ‘SMACK where a guy like me is evidence-based criminal he discovered that she on representing those a dime a dozen,” says justice policies. His was passionate about involved in the criminal OF A TOUGH-ON- Singleton. “I get to do students challenge laws ensuring equality and justice system—serving CRIME RHETORIC’ cutting-edge work, make that “smack of a tough- justice in the law. “She as a public defender in a difference and see that on-crime rhetoric,” such took to that work,” he New York City and then I’m making a difference.” as blanket employment says, “and we found that Washington, D.C. But his vision goes and licensing restrictions we both have a pas- In 2002, after spend- Policy Center, a non- beyond what he can do that make it diffi cult for sion for treating people ing most of his life on profi t, nonpartisan law as an individual. His ulti- ex-offenders to work. fairly and advocating the East Coast, Singleton fi rm located in Cincin- mate mission is to foster It’s been a learning for evidence-based, as moved to Cincinnati. At nati. The center aims to a culture of what he calls experience not just for opposed to fear-driven, the time, his wife, Verna empower and represent “smart-on-crime” justice the students but also for laws.” His former student Williams ’88, was joining individuals who have reform. A few years ago Singleton. “There is so now works full time at the faculty at the Univer- been marginalized by the Singleton decided to har- much opportunity here in the Ohio Justice & Policy sity of Cincinnati College criminal justice system, ness the power of clinical the middle of the country Center, where Singleton of Law. It took time to ad- such as former offenders education, which he fi rst to shape policy,” he says. has been executive direc- just to the conservative who have lost jobs or encountered at HLS, “We’ve found a way to tor for seven years. city. “We looked at each faced eviction because of launching the Constitu- fi nd common ground Singleton was fi rst other and would say, ‘We criminal backgrounds. At tional Litigation Clinic with people who might drawn to a career in indi- can’t believe this is our the time Singleton took at Northern Kentucky not be our natural politi- gent defense when he re- home,’” Singleton recalls. the job, resources were University’s Salmon P. cal allies on why criminal turned to his birthplace, He now sees the move as few: two other lawyers Chase College of Law, justice reform is the right South Bronx, N.Y., as part a blessing. He took on the and very little funding. where he is a visiting thing in terms of safety, of a college public service role of executive director Seven years later, it is 14 professor. By giving local as well as service.” internship. There, he of the Ohio Justice & members strong. “I love it law students fi rsthand —Asli Bashir

winter 2010 harvard law bulletin 49

38_71_HLB_Wntr10_09.indd 49 12/14/09 7:16 PM 12

FALL REUNIONS Recollecting and reconnecting

photographs by kathleen dooher

1. Mary Tenn ’94, her son Matthew, Jane E. Willis ’94 RETURNING TO 2. 1964 classmates Parker Maddux, Albert Chandler ‘02138’ FROM ALL 3. Stan Futterman ’64 4. Leon Cooper ’49 OVER THE WORLD 5. Sophia Trone ’89 6. 1954 classmates Edwin J. Carr, Richard Braverman 7. 1994 classmates Steve Weinstein, Emily Duke, Len Jacoby 8. 2004 classmates John Doulamis, Jay Glaubach, Natalie Kuehler, Theresa Therilus 9. 1949 classmates Ken Oltarsh, Howard M. Cohen 10. 1989 classmates David Fernandez, Meir Feder, Victor Bolden, James Lovett 11. 1979 classmates Amy Gershenfeld, Don De Amicis, Ken Neisser 12. 1979 classmates Baker Kurrus, 3 Greg Mast, Daryl Robertson, Richard Skaff , Joel R. Levin 4

5 6

52 harvard law bulletin winter 2010

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910

11 12

38_71_HLB_Wntr10_09.indd 53 12/14/09 7:17 PM OBITUARY INFORMATION Details may be sent to Harvard Law Bulletin, In Memoriam Editor, IN MEMORIAM 125 Mount Auburn St., Cambridge, MA 02138

1930-1939 thurston greene ’32 of Mass., and Ft. Lauderdale, Fla., died July and influential advocate in the human rights Millbrook, N.Y., and Nantucket, Mass., died 9, 2009. He practiced law in his Hingham and nuclear nonproliferation movements. July 31, 2009. A constitutional scholar and office for nearly 60 years. He helped found DeWind was a partner and head of the tax an original member of Thomas E. Dewey’s the Cohasset Sailing Club and was a com- law department at Paul, Weiss, Rifkind, “mob-busting gang” of the 1930s in New mander of the American Legion Satuit Post. Wharton & Garrison in New York City for York City, he helped bring down mobsters He was an active supporter of the preserva- more than 35 years. In the early 1950s, he like Charles “Lucky” Luciano. He wrote tion of the Nantucket Lightship. During served as chief counsel to a House Ways and the book “The Language of the Constitu- WWII, he enlisted in the U.S. Coast Guard, Means subcommittee that found corruption tion” and practiced law well into his 80s. He and he went on to build ships in Hingham in what is now the Internal Revenue Service, served in the U.S. Army Air Forces during Shipyard and serve in the Home Guard. He which led to an overhaul of the bureau. He WWII. later joined the U.S. Coast Guard Auxiliary, served presidents and governors, including nicholas j. healy ’34 of County Cork, providing his boats for patrol. President John F. Kennedy and Gov. Mario Ireland, and Garden City, N.Y., died May 20, s. stewart graff ’36 of Monroe Town- Cuomo of New York, on tax policy commis- 2009. He was a partner at the admiralty firm ship, N.J., died Feb. 10, 2009. After law sions. He was a founder of Human Rights Healy & Baillie, which he helped found in school, he joined the New York law firm Watch and traveled the world to monitor 1948, and his legal career in maritime law Brown, Cross, and Hamilton. Later, he abuses. As chairman of the National Re- spanned more than 60 years. He represent- served as executive secretary for Synthetic source Defense Council from 1980 to 1992, ed the International Group of P&I Clubs on Organic Chemical Manufacturers Associa- he signed an agreement with the Soviet oil pollution matters, many involving major tion, a position he held until retirement. He Academy of Sciences that established on- shipping collisions, including the Amoco wrote the children’s book “The History of site monitoring of nuclear underground Cadiz and the Torrey Canyon cases. He was World War II,” and he and his wife co-wrote testing in both the Soviet Union and the U.S. enlisted in 2000 as an expert witness to give “Helen Keller: Toward the Light.” He served He served on the boards of the NAACP Le- testimony in the salvage case of the RMS Ti- as a captain in the U.S. Army Air Forces gal Defense and Educational Fund, the Na- tanic. For 39 years, he taught admiralty law during WWII. tional Coalition Against Censorship and the at New York University, as well as at other leonard w.m. zingler ’36 of Amherst, Lawyers Alliance for Nuclear Arms Control. law schools, and in 1991 NYU established N.Y., and formerly of Buffalo, N.Y., died From 1947 to 1955, he taught at New York the Nicholas J. Healy Lecture on Admiralty March 23, 2009. He was a Buffalo attorney University School of Law. Law. He co-wrote numerous books, includ- who started with the firm of Moot, Sprague, william h. judd jr. ’37 of New Britain, ing “Cases of the Law of Admiralty,” “The Morey and Gulich and opened a private Conn., died May 29, 2009. After law school, Law of Maritime Collision” and four edi- practice in 1951. He was a 33rd degree Scot- he entered into private practice in New tions of “Admiralty: Cases and Materials,” tish Rite Mason and an honorary member Britain. Later, he worked at North and Judd and he wrote the entry on maritime law for of the Supreme Council of the Northern Ma- Manufacturing Co. as corporate secretary Encyclopedia Britannica. He was president sonic Jurisdiction of the U.S., and he served and vice president until his retirement in of the Maritime Law Association and honor- as president of the Orchard Park Communi- 1973. He served as a member of the Society ary vice president and vice president of the ty Association. He served in the U.S. Army of the Cincinnati in the State of Connecticut, Comité Maritime International. He served Air Forces as a lieutenant colonel. and as president from 1975 to 1977, including on the board of the Journal of Maritime Law t. willard hunter ’36-’38 of Clare- during the Connecticut Society’s hosting of and Commerce and as its editor-in-chief mont, Calif., died June 29, 2009. A minister, the 1977 triennial meeting. He volunteered from 1980 to 1988. A member of the U.S. author and orator, he spent the first 18 years with the Rotary, New Britain Family Ser- Naval Reserve, he went on active duty in of his career with Moral Re-Armament. His vice, the New Britain Nursery School Board, 1945, earning the rank of lieutenant (senior time with the spiritual movement included Community Chest and the Middletown grade). During WWII, he worked at the U.S. reconciliation work in Germany and France. Chamber of Commerce. He built, sailed and Department of Justice. He later held administrative positions at modeled boats. william h. jewell ’35 of San Diego died Macalester College in Minnesota, the Clare- richard v. henry jr. ’38 of Flossmoor, Aug. 3, 2009. He worked for General Motors mont University Center, Claremont Gradu- Ill., died March 2, 2009. He was a longtime and later in the field of civilian personnel ate School and what is now the Clar emont resident of Flossmoor who specialized in service administration for the U.S. Navy in School of Theology. From 1967 to 1970, he corporate and insurance law. He served in the U.S. and overseas. He had assignments served as executive vice president of the the U.S. Army during WWII. in Italy and Iceland and also worked for the Independent Colleges of Southern Califor- john l. howland ’38 of Fredericks- U.S. Navy Electronics Laboratory and the nia, and later he was a minister with the burg, Va., died May 11, 2009. Counsel for Navy Regional Office of Civilian Manpower United Church of Christ in New Hampshire. government affairs at Westinghouse Electric Management in San Diego. He was a sup- He wrote weekly newspaper columns and Corp., he worked to improve the acquisition porter of the Rady Children’s Hospital and the book “The Spirit of Charles Lindbergh: process and policies for many major weapon Health Center. During WWII, he served Another Dimension.” For more than three systems. As an active member of the Na- in the U.S. Army Air Forces as a weather decades, he spoke at Claremont’s Fourth of tional Security Industrial Association (now observer and later as an air combat intel- July Speaker’s Corner. National Defense Industrial Association), ligence officer. adrian w. dewind ’37 of New York City he served as chairman of the Procurement irwin m. golden ’36 of Falmouth, died Aug. 7, 2009. He was a tax law expert Advisory Committee, and he was also chair-

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man of the Finance Committee at the Aero- william w. lipsitt ’41 of Harrisburg, suspended his practice to serve as the Ten- space Industries Association. He served in Pa., died Aug. 1, 2009. He was appointed nessee commissioner of finance and taxa- the U.S. Army Judge Advocate General’s a judge of the Court of Common Pleas of tion under Gov. Gordon Browning. He also Corps at the Pentagon during WWII, and he Dauphin County in 1965, served on the served as chairman of the Davidson County later served as associate general counsel for court until 1986 and continued to preside election commission and as senior warden acquisition with the U.S. Air Force during over cases throughout Pennsylvania until of St. George’s Episcopal Church. Evans was the Korean War. his retirement in 2002. During his time on a member of the American Law Institute, irving i. zimmerman ’38 of Deerfield the bench, he presided over the 1980 Penn- a member of the board of directors of Ken- Beach, Fla., died Feb. 24, 2009. He was an sylvania lottery scandal (commonly known tucky Fried Chicken Corp. and a graduate of attorney and Probate Court judge in Woon- as the Triple Six Fix) and early Three Mile the U.S. Military Academy at West Point. He socket and Burrillville, R.I., who retired Island litigation. After his retirement, he served with the U.S. Army Air Forces begin- in 1997. He was chairman of the board of formed Miller Lipsitt with his stepson and ning in 1941 as a commander of the 702nd trustees of the former Fogarty Hospital and taught as an adjunct professor at Dickinson Bomb Squadron. He retired as a colonel president of the Lions Club and PTA. Law School. Early in his career, he joined in the Air Force Reserve and was recently julian g. braun ’39 of New Rochelle, Shelley, Reynolds and Lipsitt and was the honored by his old squadron and named its N.Y., died April 26, 2009. He worked in ad- solicitor for the sheriff of Dauphin County. commander emeritus. He was awarded the vertising in New York City, and he was an He was president of the Harrisburg School Distinguished Flying Cross, Air Medal and avid Mets and Giants fan. Board and of the Harvard Club of Central Purple Heart for his service. newton a. lane ’39 of Newton Cen- Pennsylvania and was a national delegate to ernest l. godshalk ’42 of Palm City, tre, Mass., died March 6, 2009. In 1946, he the American Jewish Committee. An Eagle Fla., died July 16, 2009. He was associate joined the Boston law firm Nathanson and Scout, he was president of the Keystone general counsel at Standard Oil Company Rudofsky, which in 1978 became Lane and Area Council of Boy Scouts of America. He of Indiana (now BP) in Chicago for 28 years. Altman. He served on the board of directors served in the U.S. Army during WWII and He began his career with Sullivan & Crom- at Zayre Corp. and the Kimco Corp. After the Korean War as a first lieutenant in the well in New York City and later worked for his retirement, he worked with the Ameri- European theater. He was honored with the the Pan American Petroleum and Transport can Jewish Committee and the Black Jewish Bronze Star and the Campaign Medal. Co. An avid sailor, he raced sailboats and Economic Roundtable and mentored young william s. pier ’41 of Aptos, Calif., died once won the Midwest Flying Scot Regatta. entrepreneurs in Roxbury and Dorchester. May 28, 2009. The last 25 years of his legal He served as president of the National Fly- After law school, he clerked for the chief career were spent with General Electric’s ing Scot Association and was a member of justice of the Supreme Judicial Court of Nuclear Energy Division in San Jose. While the Cruising Club of America for 23 years. Massachusetts and was briefly a Massachu- there, he wrote contracts for nuclear power He served in the U.S. Army as a major dur- setts assistant attorney general. He served plants, traveling to Europe and Japan for ing WWII. in military intelligence in the U.S. Army contract negotiations. Previously, he was walter l. hiersteiner ’42 of Kansas from 1942 to 1946 and was a member of the an attorney with Utah Construction in San City, Kan., died May 2, 2009. After law Military Intelligence Association of New Francisco. From 1950 to 1952, he worked in school, he moved to Kansas City to practice England until June 2005. London for the U.S. State Department as law and later joined Tension Envelope, an attorney for the Marshall Plan. After where he became vice chairman of the board 1940-1949 vance j. alexander jr. beginning his legal career with a law firm in of directors. Committed to enhancing public ’40 of Vero Beach, Fla., died March 1, 2009. Boston, he moved to New York City to join education, he was elected to the Shawnee He practiced law in Memphis, Tenn., for Emmet, Marvin & Martin. During WWII, he Mission School District Board of Education 27 years and was active in business, civic served in the U.S. Army Air Forces as a first and appointed by the governor of Kansas to and charitable affairs, serving on numer- lieutenant training B-17 bomber pilots. serve on the Kansas Board of Regents, later ous boards both locally and nationally. He william a. waldron ’41 of Haverford, becoming chairman. Hiersteiner served on was in the U.S. Army from 1940 until the Pa., and formerly of Bedford, Mass., died the board of governors of Kansas University attack on Pearl Harbor, when he accepted a April 29, 2009. He was a longtime Boston at- Law School and the Kansas Higher Educa- commission from the U.S. Navy, serving as torney, a public official and general counsel tion Loan Program. He received several lieutenant commander on aircraft carriers of Massachusetts General Hospital. Begin- awards, including the Kansas City Spirit in the Pacific until the end of WWII. ning in 1953, he served as executive director Award and the Shawnee Mission Education edwin l. kahn ’40 of Arlington, Va., of the Massachusetts Special Commission Foundation Patron Award for service and died Aug. 18, 2009. A tax law expert, he on the Structure of State Government, and support of Johnson County Schools. He also began practicing with Berge Fox & Arent in later he was commissioner of administra- served for more than 40 years on the Meno- 1955. He became a partner six years later and tion for Gov. Endicott Peabody. He served rah Medical Center board of directors and stayed with the Washington, D.C., firm until as general counsel of the Massachusetts was a member of the Executive Committee his retirement in 1987. After law school, he General Hospital until his retirement in of the Truman Medical Center and the Tru- took a position with the IRS, where he was 1981. Waldron was a trustee of Union Col- man Medical Center Foundation. He served involved in drafting the 1954 Internal Rev- lege, the Edmund Niles Huyck Foundation in the U.S. Navy during WWII. enue Code and in issues related to wartime of Rensselaerville, N.Y., and the Taft School. eugene schuster ’42 of Great Neck, taxation and wartime industrial mobiliza- Prior to law school, he worked on the staffs N.Y., died May 31, 2009. He practiced law tion. He served in the military. of the New York State Assembly and Consti- in New York City and Great Neck. He was john l. keenan jr. ’41 of Rochester, tutional Convention in 1938. the village justice for Great Neck Estates for N.Y., died April 11, 2009. He was the owner james clarence evans ’42 of Nash- 30 years, served on the board of the North and director of the Franklin Institute, a cor- ville, Tenn., died May 20, 2009. He began Shore Community Arts Council and was respondence school founded in Rochester his practice in Tennessee in 1946 and was a active in Democratic politics. He served in by his father. He served as a lieutenant in founding member of the firm Evans, Jones WWII and the Korean War as a first lieuten- the U.S. Navy during WWII. & Reynolds in the mid-1980s. He briefly ant.

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john n. stern ’42 of Winnetka, Ill., died for president of the United States. He was sity; he also served as a member of the Visit- July 11, 2009. He was vice president of the honored with the D.C. Meritorious Public ing Committee and the Alumni Association probate division at the American National Service Award and served as president of Council at Harvard Law School. Addition- Bank, retiring in 1972. During his more than the Association of Plaintiffs Trial Attorneys ally, he was chairman of the Metropolitan 35 years of philanthropic work, he served and as director of the D.C. Bar Association. Atlanta Crime Commission and helped form on the visiting committee and board and He served in the U.S. Army during WWII. the George West Mental Health Foundation. later was named a life trustee of the Smart dudley r. sullivan ’43 of Northfield, During WWII, he served in the U.S. Navy Museum of the University of Chicago, was Ill., died May 31, 2009. He was a Chicago as a lieutenant commander on destroyers in a board member of the Museum of Con- attorney who practiced for more than 50 the Pacific and Atlantic. temporary Art, and was a governing life years. During his career, he successfully john e. krout ’44 of Radnor, Pa., and member of the Chicago Orchestral Society argued two cases in front of the Illinois Abaco Bahamas, died April 15, 2008. He was and the Art Institute of Chicago. He began Supreme Court. He was an attorney for the the president, CEO and chairman of Ger- serving the Altheimer Charitable Founda- Village of Alsip and the Northern Illinois mantown Savings Bank from 1970 to 1992. tion in Arkansas in 1945, and under his five Farmers Association. He was on the board Earlier in his career, Krout was a partner at decades of leadership, he established the of directors of the Rockford Mutual Insur- Drinker Biddle & Reath in Philadelphia, and first three faculty chairs at the University ance Co., acting as corporate counsel and later he was senior vice president at PSFS. of Arkansas. The foundation later honored director of the investment committee. Dur- He served on many corporate and charitable him by endowing in his name a scholarship ing WWII, he served in the U.S. Navy. Fol- boards, including Fannie Mae and Chicago at Oberlin College, his alma mater, and five lowing his officers training, he was assigned Title & Trust, and was chairman of the Na- at the University of Arkansas. He served on to the North Atlantic, assuming command of tional Association of Mortgage Bankers. He the board of trustees at Oberlin and was a the minesweeper Bluebird, and rose to the was an editor of the Harvard Law Review. founding member of the John W. Heisman rank of lieutenant commander. He remained edward c. rustigan ’45 of Wilmette, Club, the society for friends and supporters active in the Naval Reserve for more than Ill., died July 18, 2008. He worked for the of athletics at the college, and in 1996 he was 20 years. U.S. Treasury for 15 years before moving named to its hall of fame. Also a trustee of harris k. weston ’43 of East Walnut to Illinois to join the firm Mayer, Brown & the Music Associates of Aspen in Colorado, Hills, Ohio, died June 28, 2009. He was a Platt (now Mayer Brown) as a partner in tax he established a scholarship for Oberlin partner at Dinsmore & Shohl in Cincinnati, litigation. He retired in 1990. students at the Aspen Music Festival and where he practiced for more than 50 years. thomas v. lefevre ll.m. ’46 of Bryn School. He served as president or trustee of the Mawr, Pa., died June 29, 2009. He was presi- robert g. zeller ’42 of Phoenix died Jewish Federation, Hebrew Union College- dent and CEO of the energy distributor UGI, Feb. 21, 2009. He was a partner at the F. Jewish Institute of Religion, the Plum Street and later served as board chairman. After Eberstadt & Co., specializing in investment Temple Preservation Fund, the City Charter law school, he worked at Sullivan & Crom- banking. He was director of the Target Rock Committee, the Cincinnati Institute, United well in Manhattan followed by a position at Foundation, was vestryman of St. Stephen’s Way and the Cincinnati Museum Center. the IRS in Detroit. He then practiced with Church in Port Washington, N.Y., and held Many organizations honored him with Paul, Weiss, Rifkin in Washington, D.C., and directorships at Chemical Fund, Bergen awards, and he himself established a profes- in 1955 he joined Morgan, Lewis & Bockius Drug Co. and Warner Lambert. After his sional service award at the Jewish Federa- in Philadelphia. He became a partner at retirement, he enjoyed swimming. tion of Cincinnati, the Harris K. Weston the firm, served as chairman of its tax sec- ward m. hussey ’43 of Alexandria, Va., Institute of Law and Public Policy at the tion and was later chairman of its executive died Nov. 16, 2009. He served for 42 years Legal Aid Society of Greater Cincinnati and committee. He served on the boards at the in the Office of the Legislative Counsel, and a chair in humanities at Harvard College. In Franklin Institute, the Philadelphia Zoo, from 1972 until his retirement in 1989, he addition, he and his wife named a director- what is now the University of the Arts and was legislative counsel to the U.S. House ship at the Contemporary Arts Center. After the Greater Philadelphia Chamber of Com- of Representatives. During this time, he law school, he clerked for U.S. Supreme merce, and he was chairman of the board of participated in drafting legislation, includ- Court Associate Justice Harold Burton. Dur- the Agnes Irwin School. He was a major in ing two versions of the Internal Revenue ing WWII, he served as a lieutenant in the the U.S. Marine Corps in Kwajalein, Saipan, Code, the Marshall Plan, Interstate Highway U.S. Army Air Forces in England. Tinian and Iwo Jima. Act and Medicare. He co-wrote the book james h. wilson jr. ’43 of Atlanta died gerald lipsky ’46 of Los Angeles died “Basic World Tax Code and Commentary.” April 18, 2009. In 1952, he became a partner May 26, 2009. He worked as an entertain- After his retirement, he traveled to assist at the Atlanta firm Sutherland & Tuttle ment lawyer, first with the office of Greg emerging countries in drafting tax law. He (now Sutherland, Asbill & Brennan), where Bautzer and later in private practice. He re- served in the U.S. Navy and assisted with he worked until the time of his death. He tired in 1979. During WWII, he served in the the establishment of military government on specialized in corporate and income tax as- U.S. Army in Calcutta, India. Okinawa during WWII. pects of all forms of business transactions. percy don williams jr. ’46 of Austin, charles h. mayer ’43 of Washington, Over the course of his career, he served as a Texas, died Jan. 23, 2009. He was a partner D.C., died Dec. 17, 2008. A lifelong resident member and on the council of the American at the Houston law firm of Butler, Binion, of D.C., he was a partner at the law firm Law Institute, chaired committees of the Rice, and Cook and later went into private Shapiro and Mayer from 1953 until his re- ABA section of taxation, served as a mem- practice, retiring in his early 80s. After law tirement in 2001. Previously, he served as ber of the advisory group for the commis- school, he clerked at the U.S. Supreme Court a lawyer in the Navy Department, the De- sioner of internal revenue, and was a fellow for Justice Hugo Black and taught at the partment of Defense and the Marshall Plan. of the American Bar Foundation and the University of Virginia Law School and at the While in private practice, he was the D.C. American College of Tax Counsel. He served University of Texas Law School. board of elections chairman, and in 1964 he as a member of the board of trustees, chair- h. guy hardy ll.m. ’47 of Lakewood, presided over the first election in which the man of the board of visitors, and president Ohio, died April 8, 2008. He was a partner at District of Columbia was entitled to vote of the Alumni Association at Emory Univer- McDonald, Hopkins & Hardy in Cleveland

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and president of the Bay Village City Coun- ornithologist. He served in the U.S. Army which developed affordable housing in Bos- cil and a member of the Bay Village Board of during WWII in the Pacific in the Quarter- ton. He was a member of the vestry, a junior Education. master Corps, rising to the rank of captain. warden and a chancellor at Trinity Church. walter t. morey ’47 of Decatur, Ill., He continued with the Army Reserve, retir- Before attending law school, he served in died March 18, 2009. A longtime resident ing as a lieutenant colonel. the U.S. Army for three years and rose to the of Decatur, he was an attorney and chair- ben j. gantt jr. ’48 of Seattle died June rank of sergeant. man of the board of Soy Capital Bank. After 18, 2009. He moved to Seattle after law james m. hendry ll.m. ’48 of Kanata, law school, he returned to Decatur to work school and began his 54-year career at Gra- Ontario, Canada, died Jan. 29, 2009. A pro- at A.E. Staley Co., and he later practiced ham & Dunn. He served on many profes- fessor of labor and international law, he law alongside his father. He organized Soy sional and community boards, including as taught at Dalhousie University and later at Capital Bank in 1955, and five years later he chairman of the King County Bar Associa- the University of Ottawa until 1972. In 1960, founded Security Savings and Loan. He was tion labor and law section; as senior council he began a career in public service as a soli- a partner in the development of Brettwood member, trustee and secretary to the board citor for Canada’s Department of Transport Village Shopping Center, and he was elected of the Fred Hutchinson Cancer Research and later worked as assistant general coun- to the Decatur City Council in 1960, serving Center; and as president of the Pacific Legal sel with the National Energy Board until his for six years. He was a trustee at Millikin Foundation. He was on the planning com- retirement in 1980. He wrote for a variety of University, a member of the University of mission for Medina and Bellevue. He served university journals and the Canadian and Illinois President’s Council, and president of in the U.S. Marine Corps during WWII and Ottawa bar reviews and also published his the Decatur Bar Association, Rotary, United was part of the landing campaign on Iwo thesis on “Treaties and Federal Constitu- Way of Macon County and the American Jima and later served in Guam. tions” in 1955. He served as an officer in the Red Cross. His studies at law school were sidney m. gunther ’48 of San Diego, Royal Canadian Navy during WWII. interrupted by the outbreak of WWII; he and formerly of Winnetka, Ill., died May 30, harvey karlin ’48 of Hillsboro, Ore., served for three years with the 36th Field 2009. He practiced business law for many died March 28, 2009. He practiced law in Artillery in North Africa, Italy and France. years in Chicago, initially as a partner with Portland for many years as a solo practi- He was awarded the Bronze Star, Legion Gunther & Choka and later at Antonow tioner, specializing in probate and estate of Merit and three French Croix de Guerre. Fink Gunther & Lester, before retiring in planning. Later, he served in the Korean War as a bat- California. During WWII, he served in the jacob r. “jock” lynch ’48 of Wilton, talion commander until 1951. U.S. Army, where he was stationed in China Conn., died Jan. 28, 2009. He practiced law bruce alexander ’48 of Pilesgrove, with the Flying Tigers, rising to the rank of in Darien from 1948 to 1988 and also served N.J., and formerly of Greenfield, Mass., died Master Sergeant and First Lieutenant with as the town prosecutor. He was the chair- June 5, 2009. After law school, he served the Judge Advocate General’s Corps. man of the Darien Zoning Board of Appeals, as treasurer of the Berkshire County Sav- edward v. hanrahan ’48 of Chicago was a supporter of the Darien Little League ings Bank and then as president of the New died June 9, 2009. A U.S. attorney for the and the Kiwanis Club, and served as a ves- Bedford Five Cents Savings Bank, both in Northern District of Illinois who was sup- tryman at St. Luke’s Episcopal Church. He Massachusetts. He was also president of the ported by Chicago Mayor Richard J. Daley served in the U.S. Navy beginning in 1940 as Howard Institution for Savings in Newark, in 1964, Hanrahan embarked on a campaign a navigator assigned to the Island of Tinian. N.J., and from 1975 to 1986, of the Greenfield against organized crime. He was over- flake l. mchaney ’48 of Kennett, Mo., Savings Bank. He served in the U.S. Navy as whelmingly elected Cook County state’s at- died Nov. 23, 2008. He was appointed Dunk- a gunnery officer during WWII aboard a de- torney in 1968. In 1969, under his oversight, lin County’s 35th Circuit Court judge in 1972, stroyer in the Atlantic and Pacific theaters. a squad of police officers acting on an FBI and he held this position until his manda- norman t. byrnes ’48 of Clearwater, tip raided the Black Panther Party head- tory retirement and appointment to the state Fla., died July 9, 2009. He practiced in Bos- quarters to search for illegal weapons and Supreme Court as a senior judge at the age ton principally in real estate, initially with killed two of its leaders. In addition to the of 70. After law school, he practiced law in Ely, Bradford, Bartlett, Thompson & Brown officers, Hanrahan was indicted—all were Kennett with McHaney & McHaney until and successor firms, and finally with Nut- later cleared. He ran unsuccessfully for 1957. Later, he practiced for more than a de- ter, McClennen & Fish until his retirement mayor in the 1970s, and he later went into cade with McHaney, Billings & Welman. He in 2001. He served for two years as senior private practice, remaining active until his served as trustee for the ABA, the Univer- vice president of the Federal Reserve Bank death. He served in the U.S. Army Signal sity of Missouri College of Arts and Science of Boston. He served during WWII as a Corps during WWII. and the St. Louis Children’s Home Society. combat infantryman in France, Germany oscar w. “bill” haussermann jr. He was a faculty member for the National and Austria, earning a Battlefield Commis- ’48 of Cambridge, Mass., died March 19, Institute for Trial Lawyers in Boulder, Colo., sion, Purple Heart, Bronze Star and Combat 2009. After law school he joined Ropes & and a fellow of the American College of Trial Infantryman’s Badge, among other honors. Gray, where he became a senior partner Lawyers and the American College of Trust carter w. eltzroth jr. ’48 of Albany, and worked until his retirement in 1994. He and Probate Council. He served in the U.S. N.Y., died April 7, 2009. He worked briefly in was committed to charities throughout his Army during WWII as a major in the field private practice but spent the majority of his life, but he focused his full attention on his of artillery. He served in North Africa and career working for General Dynamics. As charitable work after retirement. He was a Italy and received the Legion of Merit, the general counsel of General Dynamics’ Quin- founding board member of Sherrill House, a Bronze Star and the Italian Cross. cy, Mass., Shipbuilding Division, he partici- nursing and rehabilitation center in Jamaica harold a. mercer ’48 of Asheville, pated in the buildup of the U.S. Navy—and Plain, and he served on the boards at New N.C., died Feb. 10, 2009. He was a 30-year ultimately saw the shipyard through its England Medical Center and Tufts-New resident of Asheville, where he retired. closing in the 1990s. He was a member of England Medical Center. He also served on He served as executive vice president and numerous professional associations, taught the boards at the Douglas A. Thom Clinic corporate attorney at the ferro-alloy manu- law and wrote for several publications as for Children, Federated Dorchester Settle- facturer Pittsburgh Metallurgical in Niagara well as being a 32nd degree Mason and an ment Houses and Low-Cost Housing Corp., Falls, N.Y. He went on to head up the com-

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pany’s European operations from London. macvicker snow ’48 of Delray Beach, Court. He served as corporation counsel for After retirement, he enjoyed golf, gardening Fla., died May 15, 2009. He worked on Wall the city of Portland and, in 1968, as presi- and bird watching. He served as a major in Street and as an executive for the Celeuse dent of the Cumberland County Bar As- the U.S. Army during WWII in England and Corp., and he later was a consultant. During sociation. He was also a lifetime fisherman. Iceland. WWII, he served in the U.S. Navy. During WWII, he served in the U.S. Army james g. raines ’48 of Dawson, Ga., robert m. thomas ’48 of Baltimore Air Forces as a weather observer. died April 21, 2009. He was the mayor of died May 15, 2007. robert b. hodes ’49 of New York City Dawson for more than 25 years, and served raymond m. torkildson ’48 of Ho- and Sharon, Conn., died Jan. 15, 2009. He as president and chairman of the board of nolulu died Dec. 17, 2007. He practiced law was a partner and chairman of the New the Bank of Dawson. He helped establish the with Torkildson, Katz, Moore and Heth- York-based firm Willkie Farr & Gallagher. Terrell Academy and the Church of the Holy erington. He served as a major in the U.S. He began his career there in the tax depart- Spirit. During WWII and the Korean War, Army during WWII. ment, became a partner in 1956 and served he served as a naval officer. paul windels jr. ’48 of Saint James, as chairman beginning in 1982. He remained l. william seidman ’48 of Albuquer- N.Y., died Sept. 8, 2009. He was the chief as- with the firm until his retirement three que died May 13, 2009. He led the Federal sistant U.S. attorney for the Eastern District years ago. Serving on the boards of many Deposit Insurance Corp. from 1985 to 1991, of New York from 1953 to 1957, and he later institutions, he was vice chairman of the during the savings and loan crisis. Under served as regional administrator for the board of the National Philanthropic Trust his leadership, the FDIC closed hundreds Securities and Exchange Commission. Dur- and president of the boards of directors of of failed banks and savings associations. ing his time at the SEC, he was a prosecutor the Beaver Dam Sanctuary, the Cross River He was deemed so effective in dealing with during the investigation of Cady, Roberts & Reservoir Association and 860 United Na- the crisis that he was appointed the first Co., the first insider trading case, in 1959. He tions Plaza. He served as an officer in the chairman of the Resolution Trust Corp., was lead partner at Windels, Curry & Rice; U.S. Navy during WWII. an entity created in 1989 to help recoup Windels, Merritt & Ingraham; Windels & theodore g. metzger ’49 of Palm taxpayer losses from the savings and loan Marx; and Windels, Marx, Davies & Ives. Beach, Fla., died Aug. 4, 2009. After law debacle. He wrote “Full Faith and Credit,” President of the Federal Bar Council, the school, he practiced in New York City, and about his experiences in the savings indus- board of Brooklyn Law School and the Lycée he later was an attorney with Allied Chemi- try, and also co-wrote “Productivity: The Français de New York, he was also a trustee cal and Aspen Industries of Tully, N.Y., American Advantage,” published in 1990. of the Lexington School for the Deaf, the where he was chairman of the board for After leaving the FDIC, Seidman became Knox School, the French Institute and the more than a decade. He then became a con- chief commentator for CNBC and publisher Atlantic Foundation. He served in the U.S. sultant in international business relations of the magazine Bank Director. He began Army during WWII, achieving the rank of in Washington, D.C. In the 1970s, he moved his career in his family’s accounting firm, major. to Palm Beach and began teaching interna- eventually becoming its national managing marvin e. boisseau ’49 of University tional business, business management and partner. In 1974, Seidman went to work for City, Mo., died Feb. 11, 2009. He served as international business law at Rinker School then Vice President Gerald Ford as a man- University City’s municipal judge for more of Business at Palm Beach Atlantic Univer- agement and budget consultant, and later, than 15 years, and he also served as Had- sity, and he was honored with the school’s when Ford became president, Seidman was ley Township Democratic committeeman. distinguished professor award in 2002. He named executive director of his Economic He practiced law in St. Louis for decades was president of Rotary International of Policy Board and served as his assistant for and was a board member and secretary Palm Beach and received its service award economic affairs until 1977. Before being ap- of Americans for Democratic Action. He in 1996-97. He served in the U.S. Army in the pointed by President Ronald Reagan in 1985 was a member of the local chapters of the G-2 section in Japan. to head the FDIC, Seidman served as vice American Civil Liberties Union, the Sierra thaxter p. spencer ’49 of Waltham, chairman and chief financial officer of the Club, Planned Parenthood, Pro Vote and the Mass., died July 11, 2009. Phelps Dodge Corp., and he later became Sandwich Club. He was a campaign organiz- maxwell h. stamper jr. ’49 of Oak- dean of the business school at Arizona State er for many national, state and local Demo- wood, Ohio, died May 7, 2009. He practiced University. During WWII, he served in the cratic candidates, and logged hundreds of law in Dayton and Oakwood for 50 years, U.S. Navy as an ensign in the Pacific, earn- hours campaigning for President Barack first with Harshman, Young, Colvin and Al- ing a Bronze Star and 11 battle stars. Obama ’91. He served in the U.S. Army dur- exander, and in 1990 he established his own arthur r. slade ’48 of St. Petersburg, ing WWII in Europe. firm. Specializing in labor, corporate and Fla., died July 5, 2009. After law school, he francis n. cushman ’49 of Bellevue, criminal law, he devoted much of his time practiced with Maguire, Voorhis & Wells in Wash., died June 11, 2009. He had a private to pro bono cases. In the 1950s and 1960s, Orlando, and he was later legal counsel and practice in Issaquah, and he served on the he formed a business partnership that built corporate officer for GTE Data Services in school board and was active in local politics. new homes in East Dayton, and he later Tampa until 1988. He studied French and He served in the U.S. Navy during WWII. established several manufacturing corpora- art at the Sorbonne and was a docent at the robert w. donovan ’49 of Falmouth, tions. He was a member of the First Baptist Museum of Fine Arts in St. Petersburg. Ac- Maine, and formerly of Portland, Maine, Church in Dayton for many years. He served tive with local charities, he was also a 32nd died April 2, 2009. He was a partner at Jen- during WWII with the U.S. Marine Corps degree Mason and president and Kiwanian sen, Baird, Gardner, Donovan, and Henry in and was among the first troops to land in of the Year in the Midtown Kiwanis Club 1978, when he was appointed to the Maine Japan and survey the atomic bomb site at of Tampa. He served in the U.S. Army dur- District Court. He served as resident judge Nagasaki. As a Marine, he was a second ing WWII in the 7th Armored Division in in Portland, coordinating judge for media- lieutenant, an expert rifleman and a special- Europe. During the Korean War, he served tion and a member of the Judicial Respon- ist in demolition. He was decorated with the in the Judge Advocate General’s Corps and sibility Committee. He retired in 1988 but Bronze Star. later retired as a colonel after 35 years of remained an active retired judge until 1996, william b. tyson jr. ll.m. ’49 of Flor- service. presiding primarily in Bridgton District ence, S.C., died Feb. 5, 2009. He practiced

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38_71_HLB_Wntr10_09.indd 58 12/14/09 7:17 PM IN MEMORIAM GEORGE H. KIDDER ’50: 1925-2009

A Visionary Problem-Solver

GEORGE H. KIDDER ’50, a partner for more than 40 Of Kidder’s work with Children’s Hospital, years with the Boston law fi rm Hemenway & Barnes and Dr. Jim Lock, the Nadas Professor of Pediat- a civic-minded lawyer who contributed extensively to rics at Children’s Hospital and Harvard Medi- the Boston community, died Aug. 20 at the age of 84 at his cal School, told The Boston Globe, “George home in Concord, Mass. Kidder had the vision to create a completely Kidder was a longtime supporter of Harvard Law new model of reducing liability risk that School, serving on the Dean’s Advisory Board and contrib- has benefi ted children all over the world. uting to its most recent capital campaign as well as serv- Without George Kidder, pediatric device ing as a volunteer for numerous fundraising efforts. developments would have been set back a “He was truly a problem-solver. He brought creativity decade.” Lock also noted that Kidder helped and a commitment to improving the lives and opportuni- the hospital to maintain its independence ties of others,” said Dean Martha Minow. “We will miss during a crucial point in its development. him and long remember him.” Kidder also served on boards associated with WGBH, Wellesley He was also a leading volunteer with the Boston Symphony College, and also the Episcopal Divinity School and St. Mark’s School, Orchestra for more than 25 years, sometimes giving more than 1,000 of which he was an alumnus. During the Korean War, he took time hours a year. He helped the organization expand its real estate hold- out from his career with Hemenway & Barnes to serve in the CIA’s ings in both Boston and Tanglewood. He volunteered with the Boston Offi ce of the General Counsel. Children’s Hospital, where he chaired the board of trustees, and with Kidder, who was twice widowed, is survived by his wife of the Episcopal Diocese of Boston, where he served as chancellor for 14 years, Nancy Drohan, nine children and stepchildren, and 17 20 years. grandchildren. P

in memoriam

law in Florence for more than 57 years and his battalion was deactivated, he was as- at the time of his retirement was a senior 1950-1959 robinson o. everett ’50 signed to the Continental Base Command attorney in Florence County. He served as of Durham, N.C., died June 12, 2009. A se- at Bad Nauheim, Germany. After attending a special master-in-equity numerous times nior judge of the U.S. Court of Appeals for law school, he served in the Judge Advocate and also as the U.S. commissioner for the the Armed Forces, he served for 12 years, General’s Corps and later at the Pentagon as District of South Carolina for 18 years, spe- 10 of those as chief judge. He worked as chief, procurement law division, Office of cializing in property law. He volunteered counsel to the Subcommittee on Constitu- the Judge Advocate General of the Army. He for the U.S. Navy after the attack on Pearl tional Rights of the Senate Committee on retired from the military in 1961. Harbor, and following Midshipman’s School the Judiciary in the 1960s, and he helped to david r. rood ’50 of Jackson, Mich., at Columbia University, he served as an of- bring about legislation that modernized the died March 27, 2009. He worked for Con- ficer in WWII. He served in combat in both U.S. military court system. As a professor sumers Power Co., beginning in 1950 as a the Atlantic and Asia-Pacific theaters, par- at Duke University School of Law, he taught title examiner and eventually as an attorney; ticipating in seven major invasions, includ- military justice, national security, sentenc- he retired in 1989. He spent many years ing Iwo Jima and Okinawa. He commanded ing, and criminal law and procedure for 53 volunteering for local and national orga- assault boats and became an aide to Adm. years. He participated in numerous civic nizations and was honored by the Jackson Richmond K. Turner. Tyson was discharged and professional organizations and served Inter-Service Club Council as Citizen of the with more than 40 years of combined active as an elder at First Presbyterian Church for Year in 1973. He served as a sergeant in the and reserve service. He was an active mem- decades. Medical Department of the U.S. Army from ber of the American Legion and the Veter- edward h. kurth ’50 of San Antonio 1943 to 1946. ans of Foreign Wars. died July 16, 2009. He worked for Hercules william w. rymer ’50 of Providence, dey w. watts ’49 of Glenview, Ill., died Inc., as senior counsel for nearly two de- R.I., died June 8, 2009. He practiced law Feb. 14, 2009. After law school, he joined cades. He attended the U.S. Military Acad- for more than 50 years, specializing in pat- the Chicago law firm Chapman and Cutler, emy at West Point and, after his graduation ent and trademark law. He was a partner where he remained until his retirement as in 1939, joined the U.S. Army Signal Corps. at Fish & Richardson in Boston, and he managing partner in 1991. A founding mem- He took assignments in New Jersey, Panama later opened his own practice, from which ber of the Midwest Combine Investment and Trinidad before taking command of the he retired in 2004. Rymer was a lecturer Club, he remained active there for 59 years. 302 Signal Battalion at Camp Swift, Texas, at Harvard Law School from 1968 to 1980 He was a member of the Glencoe Rotary as a major. In 1944, Kurth’s battalion took and a board member of the Hope Club, the Club and the Glencoe Union Church and over signal operations for the 12th Army Wheeler School and St. Martin’s Church. He participated in the Executive Service Corps Group and participated in many European served in the U.S. Navy during the testing of of Chicago. He was a lieutenant in the U.S. campaigns from Normandy into Germany. the atomic bomb at Bikini Atoll. Army during WWII in Hilo, Hawaii. Earning the rank of lieutenant colonel, after andrew j. schoen ’50 of New York City

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died May 28, 2009. As a partner with Rosen- lively m. wilson ’51 of Louisville, Ky., Bay, Wis., died July 28, 2009. After law man, Colin and Freund, he practiced law for died July 22, 2009. An attorney at Stites & school, he became legal counsel for Mar- more than 50 years. He served as president Harbison beginning in 1953, he became a shall Field and Co. and also co-founded the of the board of trustees of Columbia Gram- well-known toxic tort lawyer after his in- Vintage MG Car Club of Chicago. He was mar School in the 1970s and 1980s. volvement in one of the first asbestos cases awarded the company’s president’s tro- paul l. blawie ’51 of Woodbridge, in the U.S. He served as president of the phy for founding and managing the MG-T Conn., died May 15, 2009. He was a founding American College of Trial Lawyers from Marathon, and later he traveled to Africa partner of the firm now known as Cohen 1994 to 1995 and afterward became president to help the Rhodesian Automobile Associa- & Wolf. In 1957, he established Blawie & of the ACTL Foundation. In 1996, he was tion establish a trans-Rhodesian marathon. Belinkie, where he practiced until his retire- named Outstanding Lawyer of Kentucky He decided to remain in Africa and took a ment in the 1990s. He was president of the by the Kentucky Bar Association. He was a position with the Oasis Oil Co. in Libya as Connecticut Association of Claimants’ Com- board member of the U.S. Supreme Court general legal counsel. After he retired, he pensation Attorneys (now the Connecticut Historical Society. During WWII, he served moved to Wisconsin and built a hand-hewn Trial Lawyers Association), was appointed in the U.S. Navy. log cabin. He served in the U.S. Army Air an attorney trial referee for the Superior frank g. allen jr. ’52 of Boston died Forces during WWII. Court in 1984 and was a member of the April 22, 2009. david h. spiller ’52 of Ponte Vedra Statewide Grievance Committee. The author edward cherney ’52 of Sun City Cen- Beach, Fla., died Feb. 19, 2009. He was a of several law review articles, he was a lec- ter, Fla., and formerly of Syosset, N.Y., died vice president and general counsel at Echlin turer at the University of Bridgeport and a March 7, 2009. He was an appellate counsel Manufacturing in Branford, Conn. He was a visiting professor at the University of Geor- and a partner in the firm Safir and Kahn in member of Our Lady Star of the Sea Catholic gia Law School. He served as president of New York City. He was also on the editorial Church and an advisory board member for the National Football Foundation and Hall board of “The Plaintiff’s Advocate,” the pub- the St. Johns County Public Library Asso- of Fame, president of Cursillo Movement, lication of the New York state affiliate of the ciation and the St. Johns County Coalition. and president and chairman of the United National Association of Claimants’ Counsel In Florida, he was president of Salt Creek Cerebral Palsy Association, all of Fairfield of America (now the American Association Home Owner’s Association. He served the County. He was ordained as a permanent for Justice). U.S. during WWII. deacon at St. Gabriel’s Parish of Milford. harold w. lockhart ’52 of South Bris- raymond w. beckwith ’53 of Trum- During WWII, he served in the U.S. Army tol, Maine, and formerly of Bernardsville, bull, Conn., died Jan. 26, 2009. He practiced as a first lieutenant. N.J., died June 9, 2009. He worked as a pat- with Marsh, Day & Calhoun in Bridgeport w. carroll bumpers ’51 of Phoenix ent attorney at Bell Telephone Laboratories for many years, and most recently he was a died April 13, 2009. After law school, he in New Jersey, writing transistor-related solo practitioner in Trumbull. He was presi- joined the legal staff of Standard Oil of patent applications and specializing in dent of the Bridgeport Bar Association and California and subsequently joined several semiconductor technology, and he retired in the Connecticut Bar Association, and he was large leasing firms. In the early 1970s, he 1982. He was an ordained elder of the Bask- chairman of the Connecticut State Bar Ex- moved to Phoenix and became president of ing Ridge Presbyterian Church, where he amining Committee for 17 years. He served Greyhound Leasing and Finance Corp., and also taught church school. He served on the as a member of the House of Delegates and he later became a group vice president of Bernardsville School Board, worked on the as Connecticut state delegate for the ABA. the Dial Corp. and retired while at FINOVA. restoration of the Hidden Valley Girl Scout paul a.m. hunt ’53 of Quincy, Mass., He served on the advisory board of the First Camp in Pennsylvania and participated died April 10, 2009. He served as an as- Commercial Bank in Little Rock, Ark., and in the Yokefellow Ministry at the Maine sistant U.S. attorney and was an assistant was a longtime member of the Phoenix First State Prison. He attended the U.S. Naval counsel to the Massachusetts Senate. He United Methodist Church. He served in the Academy, and in 1941 he received his com- maintained a law office in Quincy Square U.S. Army during WWII in the European mission as an officer in the U.S. Navy. He and was the recipient of the Alfred P. theater. served in WWII in the Pacific theater on the Malaney Attorney of the Year Award. Hunt george w. mclaughlin ’51 of New USS Saratoga until it was sunk at the Bikini taught criminal law at Quincy College. He Castle, N.H., and Fort Lauderdale, Fla., and bomb tests. He retired from the Naval Re- was an active member of the Marine Corps formerly of Cohasset, Mass., died May 10, serve as a captain in 1960. League, Veterans of Foreign Wars and the 2009. He practiced law in Boston and Fort richard p. mcmahon ’52 of Pawtucket, American Legion. During WWII, he served Lauderdale for many years and was a mem- R.I., died June 1, 2009. He was a partner at in the U.S. Marine Corps as a forward ob- ber of the Cohasset Yacht Club, Cohasset McMahon & McMahon. He served as presi- server for naval gunfire in the battles of Golf Club, Fort Lauderdale Country Club, dent of the Rhode Island Bar Foundation Guam and Iwo Jima. Lago Mar Beach Club and the Harvard and was active with various professional kingsley a. jarvis ’53 of Norristown, Clubs of Boston and Fort Lauderdale. He and charitable organizations. Pa., died April 10, 2009. A longtime attor- served in the U.S. Naval Air Corps as a pilot sheldon newman ’52 of Durham, N.C., ney in Norristown, after working in a small for a multi-engine patrol plane in both the died Sept. 24, 2008. He began his career as firm, he launched his own practice, which Atlantic and the Pacific. a solo practitioner in Boston, before mov- he maintained from 1967 until his retirement bernard sternin ’51 of Goleta, Calif., ing his practice to Chelsea and Saugus, in 2002. Jarvis taught criminal law at Tem- died Feb. 26, 2009. He practiced law in New Massachusetts, where he was a general ple Community College and then at Mont- York as a partner at the Brooklyn firm of practitioner for more than 40 years. He was gomery County Community College from Wilson, Spiegelman & Sternin. He was CEO a member of many professional organiza- 1960 to 1985 and was author of a criminal of the Circle West Co., a speaker for the tions, including the Massachusetts Bar As- law textbook, “Pennsylvania Criminal Code ABA, and an adjunct professor and lecturer sociation. He was an avid skier and tennis and Criminal Law.” For 30 years he was at several New York colleges. He was the player. He served in the U.S. Army during solicitor for the Montgomery County Emer- author of numerous publications on the WWII with the 101st Airborne Division. gency Service and for the Central Montgom- subject of automation in the law office. herbert w. nichols ’52 of Sturgeon ery Mental Health and Retardation Center,

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and he served three years as chairman of and hay barn and fenced off 540 acres, 240 He was a member of the vestry and warden the Norristown Civil Rights Commission. of which were donated to the University of at Princeton’s Trinity Church and a trustee He was a member of the board of directors Arizona for preservation. Dedicated to wild- of General Theological Seminary in New of Central Montgomery from 1976 until his life, nature and preservation, she fought to York. Chancellor of the Episcopal Diocese of death, twice serving as its chairman, and keep radio towers off a sensitive desert habi- New Jersey for 18 years, he was recognized was one of the original members of the tat in the nearby Tucson Mountains and to for his service by being named honorary Montgomery County Estate Planning Coun- stop development in the area. canon. He served in the U.S. Navy and the cil. He served in the U.S. Army for two years herbert g. peters iii ’54 of Abingdon, Naval Reserve. after law school. Va., died May 15, 2009. He practiced law in gerald j. katz ’55 of New York City ernest w. lohf ’53 of Seaside, Ore., Bristol, specializing in real estate, and com- died June 25, 2009. After law school, he died March 22, 2009. He began his legal mitted much of his time to pro bono service. worked in the real estate industry for many career with Keller & Bloomenthal, where He served as mayor of Bristol and also on years. he specialized in securities, corporate and the Bristol City Council. william f. mcmahon ’55 of Barrington, bankruptcy law. He later helped form Lohf, milton g. sincoff ’54 of Mamaroneck, R.I., died April 6, 2009. He was a partner at Murphy & Moran (now Lohf, Shaiman, Ja- N.Y., died Sept. 7, 2009. A partner and later the Providence firm McMahon & McMahon. cobs & Hyman). During WWII he served in of counsel at Kreindler & Kreindler in New President of the Rhode Island and Pawtuck- the U.S. Army as a regimental organist and York City, he was a trial lawyer who repre- et bar associations, he served as a probate organizer. He also located and diffused land sented victims of aviation crashes. He was judge for the city of Pawtucket. mines and bombs. president of the Metropolitan Trial Lawyers arthur h. rosenfeld ’55 of New robert e. patmont ’53 of Oakland, Ca- Association, chairman of the Aviation Law York City died July 7, 2009. He worked in lif., died April 22, 2009. He was an admiralty Section of the American Trial Lawyers As- professional-reference publishing, most lawyer in San Francisco and participated sociation and a member of the latter’s board recently as CEO of Civic Research Institute. in a variety of business ventures. He wrote of governors. For more than 25 years, he was Previously, he was chairman and founder of two volumes of memoirs and the history of a member the board of directors of Young Rosenfeld, Emanuel Publishers; president Claremont Country Club, of which he was a Adult Institute and Westchester ARC, of International Thomson Professional longtime member. He was also a member of which serves the developmentally disabled. Publishing; president of Warren, Gorham the Maritime Law Association of the United robert j. steininger ll.m. ’54 of & Lamont; president of Prentice-Hall Tax & States. Patmont flew his own airplane and Milwaukee died Feb. 9, 2009. He was a Professional Referencing Publishing; and was an active sportsman. During WWII, he corporate attorney with the firms Bucyrus general counsel for the Ronald Press Co. He served in the U.S. Marine Corps. Erie in South Milwaukee and Meidinger & was on the boards of several leading legal thomas m. franck ll.m. ’54 s.j.d. ’59 Associates in Milwaukee. Most recently, he publishers. of New York City died May 27, 2009. An ran a private practice. He served in the U.S. john m. sink ’55 of Santa Barbara, Ca- expert on international law, he spent much Army Infantry during WWII and fought in lif., died March 29, 2009. He practiced law of his career advancing justice in developing the Battle of the Bulge. in Los Angeles before moving to Santa Bar- countries. His commitment to international c.e. eckerman ll.m. ’55 of Denver died bara in 1960. He wrote two books, “Political justice stemmed from his childhood as a Feb. 9, 2009. He was a partner at Gorsuch, Criminal Trials: How to Defend Them” and refugee from Nazi Germany. In the 1950s Kirgis, Campbell, Walker and Grover, where the “California Subpoena Handbook.” In and 1960s, he helped work on constitu- he specialized in taxation. 1999, he was named one of the Best 100 Law- tions for several African nations, including marvin e. gavin ’55 of Chicago Heights, yers in America, Criminal Defense. He was Zimbabwe, Tanzania and Sierra Leone. He Ill., died Aug. 20, 2009. He was an assistant a member of the American Trial Lawyers would later serve as a legal adviser to the Illinois attorney general and an executive Association and the California Attorneys for governments of Kenya, Chad and El Sal- director and chief attorney for the Cook Criminal Justice. vador, among others. He was a professor County Legal Assistance Foundation. He david j. swartz ’55 of Haverhill, Mass., at New York University from 1957 until his served as general counsel to the U.S. Depart- died June 1, 2009. A lifelong resident of retirement in 2002, and he was the found- ment of Health, Education and Welfare and Haverhill, he was an Essex County prosecu- ing director of the university’s Center for was appointed to the Illinois State Board of tor for 24 years and was the Haverhill repre- International Studies. From 1995 to 2007, Education. In 1980, he was appointed to the sentative in the Statehouse from 1975 to 1979. he served as counsel to Bosnia before the Circuit Court of Cook County as an associate In 2005, he won a seat on the City Council. International Court of Justice in the case judge, and he served on the bench until his Active in the community, he served on the against Serbia concerning the 1995 massacre retirement in 2001. He was honored with the Historical Commission and volunteered to of 8,000 Bosnians. He wrote or co-wrote Cook County Bar Association’s Outstand- keep the special collections room open at the more than 30 books, including “Resignation ing Jurist Award and Distinguished Service library. He was active in local politics and in Protest,” for which he won the Christo- Award. After law school, he served with the loved history. pher Medal. He was a two-time Guggenheim U.S. Army Judge Advocate General’s Corps. john biggs iii ’56 of Wilmington, Del., Fellowship winner and recipient of medals eugene m. haring ’55 of Princeton, died March 30, 2009. After law school, from the Canadian Council of International N.J., died June 4, 2009. After law school, he worked at Morris Nichols Arsht and Law and American Society of International he joined McCarter & English, where he Tunnell in Wilmington, and in 1968, he Law, where he served as president and spent his career. He was senior partner and co-founded the firm Biggs and Battaglia, editor-in-chief of its journal. He was a lieu- chairman of the executive committee from specializing in employee rights and work- tenant in the Canadian Army. 1982 to 1997 and concentrated on general ers’ compensation law. Secretary of the New barbara e. frecker ’54 of Tucson, litigation, representing individual clients Castle County Democratic Committee, he Ariz., died April 4, 2009. She managed the and large corporations. After his retirement, was an attorney for the Senate of the State Warner family ranch in Angleton, Texas, he served as a mediator for the U.S. District of Delaware. For 30 years, he served on the until 1966, when she moved to Tucson. She Court of New Jersey and as a member of the board of the Opportunity Center Inc., and and her family built a house, horse corral, New Jersey Panel of Distinguished Neutrals. he was also on the board of the Wilmington

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and Western Railroad and the Wilmington Alston & Bird) in Atlanta and served on the was celebrated with the Walter Weyrauch Trapshooting Association, of which he was Advisory Committee on Mental Institutions Symposium: Reflecting on the Contributions a life member. He served in the U.S. Army in Georgia. He later served as president of to Legal Thought of Walter Weyrauch. Spe- from 1944 to 1946 and was deployed to In- the Export-Import Bank and of the Berne cializing in family law, business organiza- chon, Chorwan and Camp Gifu, Korea, in Union during the Carter administration. tions, comparative law, law and society, legal the Eighth Army First Field Artillery Battal- Most recently he was a director of the philosophy, and autonomous informal law- ion and earned three battle stars. Bechtel Corp. and head of Bechtel opera- making, he was widely published in these eustace w. “pete” buchanan ’56 of tions in East Asia. He served as president of areas. He wrote “The Experience of Law- Beverly, Mass., died Feb. 9, 2009. He was the Associated Harvard Alumni in 1975 and lessness,” about living in postwar Germany, the vice president of State Street Bank and was a Rhodes Scholar. and co-wrote “A Theory of Legal Strategy.” Trust Co., where he was in charge of person- william francis morley ’56 of Cran- He held an honorary professorship at the al trust business development for more than ford, N.J., died Feb. 4, 2009. He worked for University of Frankfurt, Germany, where he a decade. After law school, he practiced law the New Jersey Department of Labor for 25 lectured and accepted doctoral candidates. for four years with Warner & Stackpole and years before his retirement in 2008. He was matthew p. boylan ’57 of Wyckoff, N.J., also served as counsel to the Quincy Market a board member of the Austrian American died March 1, 2009. He spent nearly 40 years Urban Renewal Project in Boston from 1962 Cultural Society and a member of the Cen- with the firm Lowenstein Sandler beginning to 1964. He was president of the Boston Es- tral New Jersey Leathernecks of the Marine in 1969. He was one of New Jersey’s pre- tate and Business Planning Council in 1976, Corps League, the Military Miniature As- eminent trial lawyers, sought after by the and that same year, he became a director of sociation and the Military Historical Society. government, individuals and corporations the National Association of Estate Planning He served in the U.S. Marine Corps during to handle criminal and civil cases. His cli- Councils. In 1994, he was honored by the the Korean War, during the Vietnam War ents included Fortune 500 companies in the Boston Estate Planning Council as estate and in Lebanon before retiring as a lieuten- pharmaceutical, chemical and communica- planner of the year. He was president of the ant colonel. tions industries; he also took on pro bono Union Club in Boston, a trustee of Forsyth lawrence m. stone ’56 of Santa work. After law school, he served as an Dental Center, a board member of the Trust- Monica, Calif., died March 15, 2009. He was assistant U.S. attorney, receiving a special ees of Reservations and a vestryman at St. a longtime partner at Irell & Manella in Los acknowledgment from then Attorney Gen- John’s Church. He served in the U.S. Navy Angeles, specializing in tax. He served in eral Robert Kennedy for the first successful Supply Corps as an officer stationed in Ja- the U.S. Treasury Department under two prosecution of a high-ranking official of the pan during the Korean War. presidents, first as international tax coordi- International Brotherhood of Teamsters. jan n.j.b. “jenda” horak jr. ll.m. ’56 nator and later as tax legislative counsel. In In 1969, he was appointed special prosecu- of Paris died in January 2009. He was a 1966, he joined the faculty at University of tor for murder trials in Passaic County. He member of the foreign service of the Neth- California, Berkeley School of Law, where served as director of the Division of Crimi- erlands serving as an ambassador in vari- he taught for 12 years. He served as a visit- nal Justice of the state of New Jersey from ous foreign countries. He retired in the late ing professor at the University of Southern 1974 to 1975. Boylan was a founding member 1990s. California, Yale, and the Hebrew University of the New Jersey Trial Attorney Certifica- philip d. levin ’56 of Gloucester, Mass., of Jerusalem and co-wrote two casebooks, tion Board and was elected a fellow of both died Feb. 3, 2009. He was a partner for many “Federal Income Taxation” and “Federal In- the American College of Trial Lawyers and years at the firm Mintz, Levin, Cohn, Ferris, come Taxation of Corporations.” A member the American Bar Foundation. Glovsky & Popeo, which was co-founded of the Commerce Clearing House Tax Advi- george calloway cochran iii ’57 of by his father in the 1930s. He practiced cor- sory Board, a group of the country’s leading Dallas died March 6, 2009. He was senior porate law and eventually concentrated in tax lawyers and accountants, he also served vice president of the Federal Reserve Bank deferred compensation and ERISA matters. as a member of the IRS Commissioner’s in Dallas for 24 years. For more than 40 Following his time with the firm, he contin- Advisory Group and the President’s Nomi- years, he was an advocate of the arts, and ued to practice in Gloucester. He published nating Commission for Appointments to the specifically dance. He supported dance in several legal articles, including a three-part U.S. Tax Court. In 1995, he received the Dana many ways, from transporting music and piece on noncompetition covenants in New Latham Award from the taxation section of video equipment for performances to fund- England. the Los Angeles County Bar Association. ing scholarships. He was an active member richard o. loengard jr. ’56 of Ber- charles h. symington jr. ’56 of Spring of Northaven United Methodist Church and nardsville, N.J., died May 31, 2009. In 1956, Island, S.C., died March 4, 2009. He was an the Dallas Dance Council, where he served he began his career with Fried, Frank, Har- investment banker with S.G. Warburg of on the board of directors for 10 years, and ris, Shriver and Jacobson, and he retired as a New York and London. He was a member of in 1999 he received the dance council’s Mary partner in 1997. He remained of counsel with Piping Rock Club in New York, Chechessee Warner Award in recognition of his out- the firm until his death. He served as deputy Creek Club and Old Tabby Links Club. He standing service. He was an accomplished legislative tax counsel and special assistant served on school and civic boards through- pianist throughout his life. He served in the for international tax affairs to the U.S. Trea- out his career, and during the recent presi- U.S. Air Force with the Judge Advocate Gen- sury Department from 1964 to 1967. He was dential campaign, he was the self-appointed eral’s Corps. a consultant to the Federal Income Tax Trea- chair of the Republicans for Obama in yale h. gellman ’57 of Great Neck, N.Y., ties Project of the American Law Institute Spring Island. died Jan 24, 2009. He was a longtime resi- from 1988 to 1991, and he was also chairman walter o. weyrauch ll.m. ’56 of dent of Great Neck who worked as a partner of the New York State Bar Association sec- Gainesville, Fla., died Oct., 17, 2008. He with the law firm Proskauer Rose. tion of taxation in the late 1990s, later serv- was a professor emeritus and the Steven C. wayne p. libhart ’57 of Seal Cove, ing on its executive committee. O’Connell Chair at the University of Florida Maine, died Feb. 17, 2009. After law school, john l. moore jr. ’56 of Highland Levin College of Law. Weyrauch retired in he opened his law practice in Brewer and Beach, Fla., died May 6, 2009. He was a 2007 following 51 continuous years of teach- then expanded to Ellsworth. He practiced partner with Alston, Miller & Gaines (now ing and scholarship at the university. He for more than 35 years. In the 1960s, he

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served in the Maine Legislature, represent- development in 1987. He served in the U.S. ber of the executive committee of Doctors of ing Brewer. He moved to Seal Cove in 1976 Army as a first lieutenant. the World-USA (now HealthRight Interna- and became active in community service francis c. cleary jr. ’58 of Needham, tional). and town meetings. He was a member of Mass., died June 17, 2009. He was vice presi- joseph s. kaplan ’59 of New York Tremont Historical Society and was hon- dent of John Hancock Insurance in Boston. City died Nov. 3, 2008. He was a partner ored with the Harvey Kelley Good Citizen He volunteered as a gardener at the Stanley at McGuireWoods. He was president and Award for the town of Tremont in 2008. He Tippett Hospice Home and for the AARP chairman of the board of trustees of the wrote several murder mysteries, including tax program at the Needham Senior Center. Jewish Center in New York City, and he was “The Jury is Excused.” A member of the He served in the U.S. Navy during the Ko- a leader of the Jewish Board of Family and Penobscot County Salmon Club, Brewer rean War. Children’s Services for more than 30 years. Kiwanis, Penobscot County Conservation william r. johnson ’58 of Hanover, Kaplan chaired the Jewish Connections divi- Club, and Bangor Naval Reserve Unit, he N.H., died May 30, 2009. He was a justice on sion at the latter, and he led in the creation was president of the Harvard Club and New Hampshire courts, first on the state’s of innovative programming dealing with a the first president of Brewer Jaycees. He Superior Court, beginning in 1969, and later wide range of life challenges. The Joseph S. joined the U.S. Navy at the end of WWII and on its Supreme Court from 1985 to 1999. Ear- Kaplan Center for Family Life Education at served during the Korean War on a destroy- lier in his career, he was elected to the New JBFCS is named in his honor. Additionally, er and minesweeper. Hampshire Legislature and introduced bills he helped establish Ashalim, a learning james b. moran ’57 of Evanston, Ill., establishing the New Hampshire Council on and service partnership between New York died April 21, 2009. He was nominated to be the Arts and the New Hampshire Conserva- and Israeli organizations for children and a U.S. district judge in Chicago by President tion Commission. He served as chairman families. Jimmy Carter in 1979 and oversaw cases of the state’s Republican Party from 1964 richard a. wiley ll.m. ’59 of Wellesley, until late 2008. He served as chief judge to 1966, when he ran unsuccessfully for Mass., died June 12, 2009. He was a law- from 1990 to 1995. In 1984, in one of his most the party’s nomination for the U.S. Senate. yer, banker and teacher. In 1959, he joined notable decisions, he awarded millions to He also served as New Hampshire chair- Bingham, Dana & Gould in Boston, where female flight attendants who were forced man for Gov. George Romney’s presidential he was a managing partner beginning in to quit working at United Airlines due to a campaign. He was an adjunct professor of 1971. He later worked for five other Boston no-marriage rule, later ruled illegal. He was business law at Amos Tuck School of Busi- firms, including Gaston & Snow and Hill a partner at Bell, Boyd & Lloyd (now K&L ness Administration at Dartmouth College & Barlow. He was appointed by President Gates) for many years. After law school, he from 1959 to 1999, and he started the Friends Gerald Ford to work for the Defense Depart- clerked for Judge J. Edward Lumbard of the of Dartmouth Basketball in 1970 to assist ment as assistant secretary of defense and U.S. Court of Appeals for the 2nd Circuit in athletic programs. was awarded the department’s Medal for New York. In 1965, he was elected to a one- john w. kearns jr. ’58 of Coral Gables, Distinguished Public Service. In Boston, year term as a state representative. Moran Fla., died May 20, 2009. He practiced law he worked at John Hancock Insurance Co. served in the U.S. Army during the Korean in Miami beginning in 1970. He was an and also at First National Bank of Boston War. enthusiastic sailor and raced in the Chicago- as executive vice president. He taught at daniel j. o’hern ’57 of Little Silver, Mackinac race and on Biscayne Bay. Bowdoin College in Maine, Boston College N.J., died April 1, 2009. He was an associate richard ian brickman ’59 of Man- Law School and Boston University School justice on the New Jersey Supreme Court chester, N.H., died July 1, 2009. He practiced of Law. Bowdoin awarded him an honorary from 1981 to 2000, and his opinions helped law in Miami for many years before mov- doctorate in 1994. He was an adviser and a define state policies on issues like the death ing to New Hampshire. He later co-owned board member of the high-tech company penalty, law enforcement and homelessness. and -operated the restaurant Down ’n Dirty Giganet, and he served as chairman of the He entered into politics in the early 1960s BBQ. state’s Education Loan Authority, Higher as a Democratic councilman in Red Bank, john b. burroughs ’59 of Farragut, Education Coordinating Council and Board N.J., and he would go on to become mayor Tenn., died July 31, 2009. After law school, of Regents of Higher Education. A lawyer in in 1969. In 1978, Gov. Brendan T. Byrne ’50 he clerked for Judge Peter Woodbury in the the U.S. Air Force, he later reached the rank appointed him commissioner of the state 1st Circuit Court of Appeals. He later served of major with the Air Force Reserve. Prior Department of Environmental Protection, as an assistant prosecutor in the district at- to that, he had served as a private in the U.S. and the following year he appointed him his torney’s office in Phoenix. As a member of Marine Corps Reserve. counsel. He was appointed special counsel the Knoxville Track Club for many years, for ethics reform by Gov. Richard Codey in he competed in marathons and triathlons. 1960-1969 robert s. ching ’60 of 2004, and he helped to bring about the eth- He served in the U.S. Navy from 1953 to 1966 Titusville, Fla., died Jan. 29, 2009. During ics reform of the state’s executive branch and was a lieutenant commander aboard the his career, he worked as corporate counsel and New Jersey’s first Uniform Ethics Code. USS Warrington. He received the Korean for the mortgage industry and also with the He served in the U.S. Navy from 1951 to 1954 Service Medal, the United Nations Service Federal Deposit Insurance Corp. After re- and during the Korean War was an arrested Medal, the National Defense Service Medal tirement, he was a member of Unity Church, gear officer and guided pilots to safe land- and the Vietnam Presidential Unit Citation. a greeter at Walmart and active with the ings aboard the USS Essex. edward s. “ned” davis ’59 of New York American Heart Association. samuel l. simmons ’57 of New York City died Aug. 28, 2009. He was a partner joel h. levy ’60 of Chevy Chase, Md., City died July 16, 2009. He began his legal and corporate attorney at Hughes Hubbard died April 3, 2009. He practiced law in career with Standard Oil and the law firm & Reed. He was a director of Hillenbrand Washington, D.C., with the firm Cohn and Arthur Drye & Dole in New York City. He Industries, Cognitronics Corp. and the Marks. He previously worked in the Rules later was general counsel to ITT Europe in Bronx Charter School for Children in Mott and Standards Division and later in the Of- Brussels, Belgium, and, from 1975 to 1985, Haven. He served as president of the board fice of the General Counsel in the Litigation general counsel to Revlon in New York City. of trustees of Collegiate School, was a life Division of the Federal Communications He returned to ITT as director of corporate trustee of Pomfret School, and was a mem- Commission. He was also a panelist and

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38_71_HLB_Wntr10_09.indd 63 12/14/09 7:17 PM IN MEMORIAM SAMUEL J. HEYMAN ’63: 1939-2009 Change Agent

SAMUEL J. HEYMAN ’63, who established improving the company he bought rather than the Heyman Fellowship Program at Harvard Law stripping it down or selling it for quick profi t. School to encourage graduates to pursue careers Heyman’s many community activities in- in federal service, died Nov. 7 in New York City. cluded service on the boards of Benjamin N. Car- Heyman, who was also a member of the Dean’s dozo School of Law of Yeshiva University, which Advisory Board, was 70. awarded him an honorary doctorate in 1988, “It is with enormous sadness that we face and the Terry Sanford Institute of Public Policy this loss of a visionary leader, wise and invalu- at Duke University. He was also a trustee of the able adviser, great supporter and exemplary Fifth Avenue Synagogue, an associate at Mount graduate of the Harvard Law School,” said Dean Sinai Hospital in New York and a board member

Martha Minow. “Sam began his career by answer- SMITH WALTER of the Whitney Museum of American Art. ing President Kennedy’s call to service, working Much of Heyman’s recent philanthropy in Robert Kennedy’s Justice Department. That experience fueled his was focused on his interest in advancing government service. In lifelong belief in the importance of federal service, and a dedication November 1999, he announced a major gift to Harvard Law School for to helping bright young lawyers afford the opportunity to serve their the establishment of an innovative program designed to encourage country.” students to enter federal government service upon graduation. He After his time with the U.S. Department of Justice, Heyman served subsequently created similar fellowship programs at Yale Law School as chief assistant U.S. attorney for Connecticut. He left government and Seton Hall University School of Law. In September 2001, Heyman service in 1968 to take over his family’s Connecticut-based real estate founded the Partnership for Public Service in Washington, D.C., to development business, and he subsequently built Heyman Proper- encourage young people to pursue careers in public service. He was ties into a leading commercial real estate development fi rm with serving as the partnership’s chairman at the time of his death. operations throughout the United States. Said Minow: “He single-handedly altered the career aspirations In 1983, Heyman waged a successful proxy contest for control of so many by lifting up and supporting legal careers in the federal of GAF Corp.—a contest Barron’s characterized as “one of the most government and by educating the country on the growing need striking achievements in the annals of corporate fi nance.” As a result, to draw talented lawyers to this service in the face of attrition. To he became the owner and chairman of one of the nation’s major students, alumni, faculty and deans, he has been an inspiration and privately held companies, consisting of an international specialty change agent.” chemicals company (International Specialty Products) and North Heyman’s survivors include his wife, Ronnie Feuerstein Heyman; America’s largest manufacturer of residential roofi ng products. As his mother; his four children, among them Jennifer Millstone ’05 (mar- with subsequent acquisitions, he was interested in running and ried to David Millstone ’05); and nine grandchildren. P

in memoriam

speaker at National Association of Broad- 1996 from active reserve duty as a lieutenant Department of State for 36 years and was casters conventions and state broadcasters colonel. ambassador to Niger from 1993 to 1996. associations conferences. He was the na- robert j. thieblot ’60 of Baltimore austin p. frum ’61 of Arlington, Va., tional officer for the American Jewish Con- died April 16, 2009. He was a founding died Jan. 4, 2008. He was a lawyer who gress and co-chairman of the Commission partner of the law firm Allen Thieblot and specialized in real estate development and on Law and Social Action. Hughes (later Thieblot and Ryan) and spe- housing finance. After law school, he joined john gregory milano ’60 of San Fran- cialized in corporate, business, creditors’ the law offices of Spencer W. Reeder, and he cisco died March 22, 2009. He practiced law rights and commercial law. President of the went on to be a partner with Jackson, Gray for 49 years, beginning with the tax and Mount Royal Improvement Association, he & Laskey. He worked for the Government civil rights divisions of the Justice Depart- also served as a board member of the Boys National Mortgage Association, Ginnie Mae, ment. He went on to serve as an assistant Home Society, the H.L. Mencken House, in the U.S. Department of Housing and Ur- U.S. attorney in the criminal division in San the Kiwanis Club of Baltimore City, and ban Development before becoming a hous- Francisco, and in 1976, he entered private the Commission for Historical and Archi- ing adviser to the government of Zaire in practice. He sat on the boards at the San tectural Preservation. He was active with 1971. He was managing partner at Dunnells, Francisco Archdiocesan Board of Educa- Republican politics and served a term on Duvall & Porter (now Holland & Knight) in tion, Catholic Charities and the Pickle Fam- the Baltimore City School Board in 1971. He the mid-1980s and vice president of the Fed- ily Circus, and he was a lay minister at St. wrote “Telemachus, or The Memoirs of an eral Agricultural Mortgage Corp. He served Dominic’s Church. He served in the Judge Immortal God.” as counsel with Garfinkle & Associates from Advocate General’s Corps, in D.C., and as a john s. davison ’61 of Morlaix, France, 1992 to 1999 and more recently served as in- military judge at Ft. Ord, Calif. He retired in died June 16, 2009. He worked for the U.S. terim executive director of Arlington Hous-

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ing Corp., and he was acting executive di- and elsewhere. Prior to this position, he Most recently he served as mayor of Mission rector of the Charter Schools Development served as senior inside counsel for three Woods, an office he was first elected to in Corp. His community activities included decades at Long Island Lighting Co., where 1995. He and his family were highly involved membership on the National Board, Fund he assisted in the licensing of the Shoreham with international exchange and outreach, for the Improvement of Post-Secondary nuclear plant on Long Island. stemming from his own experience as an ex- Education, U.S. Department of Education; lowell r. marks ’63 of Los Angeles change student in 1955. He served in leader- membership on the board of directors of died March 21, 2009. He practiced with the ship positions with the American Field Ser- Friendship House, a settlement house on Beverly Hills firm Fulop, Rolston, Burns vice at the local, national and international Capitol Hill; and service as president of the and McKittrick for 18 years, specializing in levels. He volunteered for the AFS in Kansas American School of Kinshasa, Zaire. He corporate law and becoming a partner in City and hosted several students. He served served in the U.S. Navy from 1955 to 1958 1970. He retired in 1982. For more than 30 in the Army Reserve as a captain. aboard an amphibious assault cargo ship. years, until the time of his death, he served katrina renouf ’63 of Washington, stephen r. barnett ’62 of Oakland, on the board of the Brotman Foundation, D.C., died Sept. 4, 2009. A noted communi- Calif., died Oct. 13, 2009. He was a First primarily as a grant distributor to a variety cations practitioner, she began her career at Amendment professor at the University of of arts groups and social service agencies. the Federal Communications Commission California, Berkeley School of Law from He also served on the boards of the Craft as senior litigation attorney for the Review 1967 until his retirement in 2003. From and Folk Art Museum, the Los Angeles Board, and she subsequently served as at- 1977 to 1979, he served as a deputy solicitor Children’s Museum and the Wright Insti- torney in the Office of the General Counsel. general with the U.S Department of Jus- tute. After law school, he clerked for Judge She later entered into private practice as tice, where he argued cases before the U.S. J. Edward Lumbard of the U.S. Court of Ap- co-founder and, until her death, as partner, Supreme Court. Specializing in media and peals for the 2nd Circuit in New York City. at the firm Renouf & Polivy, specializing in antitrust law, he was an advocate of free john g. mcgarrahan ’63 of Berkeley, broadcasting matters. She was lead coun- speech rights, serving as a board member Calif., died July 19, 2009. He helped establish sel representing Rainbow Broadcasting of the First Amendment Coalition. He was McGarrahan & Heard, a firm that special- in a case before the U.S. Supreme Court, a frequent commentator on the Newspaper ized in construction and development. He in which the FCC Minority Broadcasting Preservation Act of 1970, and in his later did legal work on many projects, including Ownership Rules were upheld. An avid hor- years, he was critical of the California Su- the World Financial Center in New York ticulturalist and gardener, she maintained preme Court’s decision-making process. He City. After law school, he was an assistant inspiring plantings at her Virginia farm. was co-author of “Law of International Tele- to New York City Mayor John Lindsay on gerardo fuentes ll.m. ’64 of Hot communications in the United States,” pub- housing issues. During his retirement, he Springs Village, Ark., died July 25, 2009. He lished in 1988. After law school, he clerked worked with Habitat for Humanity on Cape was a project manager and vice president for Justice William J. Brennan Jr. ’31 on the Cod. of operations for Bechtel Corp. from 1965 to U.S. Supreme Court. oscar wood moyle iii ’63 of Salt Lake 1980. During his tenure at Bechtel, he col- david b. cole ’63 of Osterville, Mass., City died April 20, 2009. A Salt Lake City at- laborated with then Secretary of Defense died Feb. 22, 2009. After law school, he torney specializing in trusts and estate plan- Caspar Weinberger ’41 and Secretary of began practicing as an associate and then ning, he was a partner and CEO at Moyle State George Schultz on several interna- worked in private practice from 1968 to and Draper (formerly Young and Moyle), a tional projects, and he was instrumental 1972. He went on to form a partnership with family firm founded in 1892. He joined his in the opening and development of their estate lawyer Peter M. Sykes ’41, Sykes and father at the firm in 1966, after practicing in corporate office in Madrid. In the 1980s, he Cole. Active in the Barnstable community, New York City at Donovan, Leisure, Newton was the U.S. representative for the Spanish in 1981 he was appointed trustee-agent of and Irvine. President of the Utah State Bar firm SENER Ingenieria y Sistemas SA. He the Enoch T. Cobb Trust. In recognition of and a delegate to the American Bar Associa- was general manager of their Houston head- his work on behalf of the trust, Barnstable tion from 1984 to 1986, he was also chairman quarters, overseeing project development in High School named the park’s observa- of the Utah State Bar Probate Code Commit- the Latin American petrochemical industry. tory after him. He was active with the Bar tee and helped to draft the Utah Uniform He worked as an educator, consultant and Association, participating as a featured Probate Code. Moyle was elected a fellow of editorial writer until his retirement. speaker at the annual meeting of the Estate the American College of Trust and Estate andrew t. berry ’65 of Westfield, N.J., Planning Council of Cape Cod. In 1973, he Counsel (serving as chairman from 1987 to died July 24, 2009. He was chairman of was licensed as a lay reader in the Episcopal 1993) and was a life member of the Fellows McCarter & English in the Newark office Church and served in that capacity at St. of the American Bar Foundation. He played and an internationally recognized trial at- Peter’s Church in Osterville. He served in club soccer for Alemania in Salt Lake City torney. He joined McCarter & English after the U.S. Navy from 1957 to 1960 in Groton, for a decade, served as director of the Alta law school, becoming a partner in 1972. Conn., as a naval intelligence officer of the Club, and was a member of the Salt Lake Ro- His career focused on trial and appellate Naval Security Group Detachment. tary and the New State Duck Club. He was litigation, and he successfully represented ira l. freilicher ’63 of New York City an enlisted serviceman in the U.S. National Fortune 500 clients in the financial, con- died May 25, 2009. He was a partner and Guard. sumer and sports industries, among others. later special counsel in the New York of- david f. patzman ’63 of Mission Woods, Elected to the firm’s executive committee in fice of Hunton & Williams from 1990 until Kan., died June 1, 2009. As a senior partner 1988, he had served as chairman since 1997. his death. While at the firm, he helped to at Morrison, Hecker, Curtis, Kuder and Par- During his tenure, the firm doubled in size, develop the New York Independent System rish (now Stinson Morrison Hecker), he spe- opened offices throughout the Northeast Operator, which administers wholesale cialized in tax, corporate law, employee ben- and increased its pro bono activities. He was electric markets in New York. Freilicher also efits and health care. When he retired after recognized with the Judge Learned Hand represented many electric sector clients—in- four decades at the firm, he became a staff Human Relations Award by the New Jersey cluding governments, utilities and develop- attorney with the Federal Chapter 13 Bank- Chapter of the American Jewish Committee ers—on power projects in Hungary, Croatia ruptcy Trustee’s office in Johnson County. and named one of New Jersey’s business

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leaders by the New Jersey Business News. rector of the Environmental Defense Fund Dallas with the City Attorney’s Office, and he He was a fellow of the American Academy of for 37 years, and he helped found the orga- went on to become a partner with Locke Pur- Appellate Lawyers, the American College of nization’s California office in 1971. He initi- nell Boren Laney & Neely (now Locke Lord Trial Lawyers and the American Bar Foun- ated offering financial incentives to protect Bissell & Liddell), specializing in real estate. dation, and he served as a member of the the environment and spent decades working He was included in the “Best Lawyers in American Law Institute, the Newark Alli- to protect California’s rivers. He was heavily America in Real Estate” and was a member ance and the Montclair Board of Education. involved in several pieces of legislation that of the Texas College of Real Estate Attorneys. He was a member of the board of trustees of leveraged market forces to aid conservation, For many years, he served as a restaurant re- the New Jersey Performing Arts Center. such as the Central Valley Project Improve- viewer for Texas Monthly magazine, and he robert d. city ’65 of Boston died March ment Act in 1991, which authorized the use was a saxophone player and bandleader. He 13, 2009. He was a partner at City, Hayes & of water markets to encourage farmers to served in the U.S. Army Reserve. Dissette in Boston and specialized in con- adopt conservation measures and sell the conal e. murray ’68 of Mt. Kisco, N.Y., struction law, civil trial and mediation. He conserved water to urban areas. This act died May 13, 2009. From 1968 to 1999, he committed a large part of his practice to liti- was passed by Congress in 1992. He also served as assistant general counsel for Kraft gation and was a member of the Suffolk Su- steered the EDF’s work on reforms taken to Foods. He was president of the Westchester/ perior Court Construction Mediation Panel. reduce global warming, including efforts to Fairfield Corporate Counsel Association. He A research assistant to HLS Professor Paul pass the Pavley Clean Car law and AB 32, served in the U.S. Navy as a lieutenant sup- Freund ’31 S.J.D. ’32 from 1966 to 1967, he the first legislation to limit greenhouse gas ply officer for four years. later clerked for the Hon. Arthur Whitte- emissions in California. He was involved robert l. duncan jr. ’69 of Westfield, more ’22 on the Supreme Judicial Court of in Project 88, a report to President-elect N.J., died Feb. 7, 2009. He was a lifelong Massachusetts. George H.W. Bush, which led to the expan- resident of Westfield who worked for many harvey s. lichterman ’65 of Carlsbad, sion of market-oriented controls on acid years for Deforest and Duer in New York Calif., died April 27, 2009. He was a senior rain. He received numerous awards, includ- City. He served as general counsel for the partner with Lord, Bissell & Brook, where ing the Jean Auer Award for his lifetime American Management Association and he specialized in real estate in Chicago. He commitment to restoring the Sacramento- as deputy publisher for the Metropolitan represented banks, life insurance compa- San Joaquin Bay-Delta, and was honored Corporate Counsel. He contributed to the nies, and other financial institutions in loan with an endowed chair in his name at the growth of local organizations, serving on participations, mortgage-backed securitiza- College of Natural Resources at the Univer- the boards of the Presbyterian Church, the tions, and all types of acquisition, construc- sity of California, Berkeley. After law school, United Fund, the Westfield Recreation Com- tion and permanent loan financings. In he clerked for Judge Carl McGowan in the mission and the Westfield Adult School. 2004, he joined Gerson Law in California. D.C. Circuit, and he later served as legisla- He was a trustee of Children’s Specialized daniel brocki ’66 of Erie, Pa., died tive assistant to New York City Mayor John Hospital from 1983 to 1992 and served as May 10, 2009. After law school, he entered Lindsay. He was a lecturer at UC Berkeley chairman from 1987 to 1989. In the latter private practice with two local attorneys, School of Law, and he was a visiting profes- position, he met with legislators to advocate working as part of the legal team at Ham- sor at Harvard Law School in 1979. for children’s causes and oversaw the oper- mermill Paper Co. david c. thomas ’67 of New York City ating of the Outpatient Center in Fanwood; richard w. chase ’66 of Solana Beach, died April 13, 2009. He practiced law in New he also was instrumental in establishing the Calif., died Aug, 14, 2009. He started Ta- York City for many years and was a Burton Children’s Specialized Hospital Foundation. conic Resources in San Diego, a company Award for legal achievement recipient. He douglas b. schwab ’69 of Agou ra Hills, that developed various environmental in- was an avid sailor. Calif., died March 26, 2009. Early in his frastructure projects, in 1983. One of these william e. bailey ’68 of Chelsea, Mass., career, he worked for the firm McCutchen, projects was the Gregory Canyon landfill, a died Aug. 21, 2009. He was special counsel to Doyle, Brown & Enersen, and he practiced solid waste landfill and renewable energy the Insurance Information Institute begin- with Alef Grunfeld & Schwab, specializing project which he worked on until the time ning in 1986. He was appointed co-director in corporate and securities matters. He of his death. After law school, he worked as of the Disaster Insurance Information Office practiced law for nearly 35 years in total. He an attorney on Wall Street and later for the in New York City after Sept. 11, 2001, and was co-chairman of the antitrust section of Connecticut Department of Environmental reactivated the Hurricane Insurance Infor- the Barristers Club and vice president of the Protection. He was an activist in the civil mation Center, which he managed during Park Hills Homeowners Association. rights movement. multiple hurricanes, including Katrina. He paul a. o’bryan jr. ’66 of Houston died first served as director of the center after 1970-1979 reginald c. lindsay ’70 Jan. 25, 2009. He was an international law- Hurricane Andrew in 1992. Earlier in his ca- of Newton, Mass., died March 12, 2009. He yer who began his career with Cadwalader, reer, he was vice president for Commercial was a U.S. District Court judge, appointed Wickersham and Taft in New York City. He Union Insurance in Boston. He hosted the in 1993 by President Clinton—the second went on to work for Bayer Corp., in Rome; talk radio program “It’s Your Money! (What African-American appointed to a federal Ethyl Corp., in Louisiana; Mobil Oil Corp., are you going to do with it?),” which for the bench in Massachusetts. Lindsay had been in Libya; Amoco Oil Corp., in Houston, Bu- past 10 years aired nationally every Sunday in a wheelchair since 1983, after developing rundi and Congo; and finally Vanco Energy, on the National Radio Network. For this a tumor on his spine. In a 1997 Boston Globe in Houston, Egypt and Afghanistan. He program, he was awarded the 1998 Golden interview, he said his disability shaped his served as the honorary council general for Torch Award for Communicator of the Year. perspective on many issues, including race: Madagascar in Houston and was fluent in He was president of the National Consumer “I guess I start with the proposition that six languages. He was a Fulbright Scholar Education Foundation and of the Massa- you have a whole different world view from who studied South American law in Guate- chusetts Defense Lawyers Association. He a seated position than a standing position.” mala at the University of San Carlos. served in the U.S. Marine Corps. In recent years, he became a critic of the thomas j. graff ’67 of Oakland, Calif., mark g. magilow ’68 of Dallas died Justice Department’s handling of lawsuits died Nov. 12, 2009. He was the regional di- March 12, 2009. He began his legal career in stemming from the FBI’s involvement with

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mobster James “Whitey” Bulger. In 2007, into Chinese. Just prior to his death, he was ty of Dundee, Scotland. Earlier in his career, he ruled that the FBI was responsible for in conference with Chinese government he served as a United Nations interregional the 1982 execution-style killings of Edward lawyers and legal scholars seeking to craft adviser on international investment policy Halloran and Michael Donahue, allegedly antitrust laws for their country. and petroleum and mineral legislation. Dur- carried out by Winter Hill gang members. john a. rayll jr. ’72 of Tulsa, Okla., ing his time with the U.N., he advised more Earlier in his career he was a partner at Hill died May 20, 2009. He worked as a corporate than 60 governments on legislative reform & Barlow and served as commissioner of attorney for several oil and gas companies in and contract negotiations. He was awarded public utilities in Massachusetts. Tulsa, including Cities Service and Occiden- a Jean-Monnet Chair in European Economic john m. payne ’70 of Glen Ridge, N.J., tal Petroleum. He later worked at Coulter & and Energy Law by the European Commis- died June 16, 2009. He was a board of gov- Rayll, retiring in 2003. After law school, he sion. ernors distinguished service professor and began his career in New York. francesta e. farmer ’74 of Fayette- Justice Frederick Hall scholar at Rutgers jonathan z. souweine ’72 of Amherst, ville, N.C., died April 26, 2009. She spent her Law School, where he taught constitutional Mass., died April 7, 2009. After graduat- career working in civil rights, international law and land use. He joined the faculty in ing from HLS, he was a clerk for Federal affairs and governance, first with the Of- 1971 and later served as associate dean. The District Court Judge Joseph Blumenfeld fice for Civil Rights and later at the Equal author of many articles, he also co-wrote in Hartford, Conn. He then served as staff Employment Opportunity Commission in a textbook on land-use law. He worked in attorney and later director of MASSPIRG, Washington, D.C. She also served as the ex- support of affordable housing rights in New where he led the first statewide bottle bill ecutive director of the Congressional Black Jersey and volunteered for the historic pres- campaign. He worked for Attorney General Caucus. From the mid-1980s until 2007, she ervation organization Preservation New Jer- Frank Bellotti in the Consumer Protection lived primarily in Africa. She served as a sey. He served as president of the board of division in Springfield, Mass., before joining regional technical adviser for Pathfinder directors of the Frank Lloyd Wright Build- the law firm of Lesser, Newman, Souweine International, directing maternal and child ing Conservancy, and he purchased Wright’s and Nasser in Northampton, Mass., where survival projects all over Africa, and she Stuart Richardson house in the mid-1990s he was a partner for more than 25 years. also worked at the National Democratic In- and worked to restore the residence. He was a devoted public citizen, serving stitute, directing programs for central and roger d. pearson ’70 of New York City many environmental, civic and community West Africa. In 2003, she led the domestic and formerly of St. Paul, Minn., died Feb. groups, including as a board member of the monitoring efforts for Nigeria’s elections. 21, 2009. He practiced law in Manhattan Massachusetts Water Resources Authority josé eduardo n. mello ll.m. ’74 of for many years. He wrote “Growing Up in and the Connecticut River Watershed Coun- São Paulo, Brazil, died July 11, 2007. After St. Anthony Park: A Memoir of Roger Dale cil. Souweine and his family were the sub- law school, he returned to Brazil to work as Pearson,” a story about his memories of jects of the 1999 book “House” by Pulitzer a public attorney for the São Paulo Finance Guttersen Elementary School and Murray Prize-winning author Tracy Kidder. Municipality, specializing in taxation. He Senior High in St. Paul. He served in the andrew d. strupp ’72 of Salt Point, taught tax law in graduate and postgraduate U.S. Navy as an officer in Adak, Alaska, for N.Y., died March 26, 2009. He was an in- programs at the Getulio Vargas Foundation four years. ternational attorney for Pratt & Whitney for more than 25 years. In 1990, he passed james a. wyly ’71 of Aberdeen, S.D., Aircraft and General Electric, among other the public civil service exam and became a died March 10, 2009. After law school, he companies. He was a landlord for 30 years federal judge in São Paulo. He retired from joined the firm Richardson, Groseclose, and and enjoyed renovating old houses. the bench in 1998 but continued to teach. Kornmann (now Richardson, Wyly, Wise, patricia hassett ll.m. ’73 of Syracuse, He was a graduate of Pontificia Universi- Sauck, and Hieb), where he later became a N.Y., died July 10, 2009. She was the first dade Católica and post-graduate of Madrid partner and in total practiced for 38 years. female professor at Syracuse University University. While at HLS, he studied at the He served as president of the South Dakota College of Law, where she taught constitu- International Tax Program, and its director, State Young Democrats, was chairman of tional criminal procedure, artificial intel- Professor Oliver Oldman ’53, was one of his the Brown County Democrat Committee, ligence, and criminal law and wrote in the mentors. and was a member of the Brown County field of artificial intelligence and the law. ruth e. peters ’75 of Alexandria, Va., and South Dakota bar associations. He was She became a professor emeritus in 2006 died Oct. 25, 2009. She had a distinguished an avid reader, and prior to law school, he after 32 years on the faculty. Earlier in her career in labor law, serving successively worked on the family cattle ranch. career, she worked as a prosecuting attorney as an attorney at the National Labor Rela- eliot g. disner ’72 of Los Angeles died and a municipal government attorney. Ad- tions Board, counsel for appellate litigation April 4, 2009. After serving as an attorney- ditionally, she served in England with the at the U.S. Department of Labor, solicitor adviser at the Federal Trade Commission, Lord Chancellors Advisory Committee on for the Federal Labor Relations Authority where he developed an abiding interest legal education and professional conduct and finally as a member of the Davis-Bacon in antitrust issues, he spent most of his of persons providing legal services and as Wage Appeals Board. Among many other career trying antitrust cases for business a consultant to the English Home Office on court appearances, she argued several plaintiffs, including a suit which halted the improvement of bail decisions. cases before the U.S. Supreme Court. Prior anticompetitive practices in the cake deco- thomas wälde ll.m. ’73 of St. An- to attending law school, she worked as a rating industry and a major class-action suit drews, Scotland, died Oct. 10, 2008. He was newspaper reporter and editor in her na- which benefited young lawyers who had a legal scholar and practitioner in interna- tive South Dakota. In the early 1990s, she purchased Bar review courses. He wrote the tional energy and natural resources, and he returned to journalism as a freelance writer, official California jury instructions (CACI) specialized in framing contractual agree- editor and Web site designer. She devoted for antitrust actions. He authored more than ments between governments that controlled much of her time for many years to the mu- 40 articles on legal topics, and the ALI-ABA mineral deposits and multinational compa- sic program at St. Peter’s Episcopal Church, published two editions of his book “Anti- nies exploring reserves. In 1991, he became where she was a key member and alto solo- trust: Questions, Answers, Law, and Com- director at the Centre for Energy, Petroleum ist with the choir, performed frequently as mentary,” which was recently translated and Mineral Law and Policy at the Universi- a mezzo-soprano soloist in oratorios and

winter 2010 harvard law bulletin 67

38_71_HLB_Wntr10_09_r1.indd 67 12/16/09 6:33 PM IN MEMORIAM MICHAEL WESTON ’97: 1971-2009

A Swashbuckler and Servant of His Country

MICHAEL WESTON ’97, special agent join the DEA, it was not as counsel or as an administrator, but as a with the Drug Enforcement Administra- special agent. He knew that occasionally sitting behind a desk was a tion, died in a helicopter crash in Afghani- necessary evil to accomplish his true passion: undercover operations stan on Oct. 26, 2009, while working with and felony warrant service—weapons drawn, body armor donned, the U.S. military to fi ght drug traffi cking just like on television. Except that this was real life, real danger, real in the region. In addition to his J.D., he service—keeping imported poisons off the streets. His profession held a joint degree in computer science delighted him through and through. and economics from Stanford University. Mike twice interrupted his DEA career to return to service again He and Cynthia Tidler ’97 had married fi ve with the Marines—fi rst as a riverine unit commander in the Al Anbar months earlier (photo). “He had the ability to do anything,” she told province of Iraq, and later as the second-in-charge of a combat The National Law Journal in a Nov. 9 story. “He’d seen the worst parts engineer company. In early 2005, I ran into him in one of the most of the world and the worst parts of human nature, but he tried to do Godforsaken places on earth—the western desert of Iraq. I was the right thing all the time.” leaving my fi rst combat tour and he was inbound. His irrepressible Tidler, now widowed for the second time, had been married ear- humor and positive outlook were on display over those few days, lier to Helge Boes ’97, who was killed in Afghanistan in 2003. A tribute despite the fact that he was facing a seven-month deployment in the to Boes written by Weston—his friend and classmate—appeared in teeth of a deadly insurgency. We played poker late into the night, this magazine. watched “Old School” three or four times, laughed a lot and said Robert Bracknell LL.M. ’06, lieutenant colonel, U.S. Marine Corps, goodbye. We talked again on the phone some months later, after wrote the following about Weston. he had returned from Iraq—and had just kayaked the Mississippi from the headwaters to the delta—and again as he prepared for his A career Drug Enforcement Administration agent and reserve Marine Afghan deployment. Corps major, Mike Weston was a man of action. After graduating Mike was a swashbuckler, an extraordinary friend, and a servant from Harvard Law in 1997, he struck out for Quantico, Va., to test of his country and mankind. Three hundred years ago he might have his mettle with the U.S. Marines. Mike served with me at Camp been a pirate, or he might have captured Edward Teach himself. Two Pendleton, Calif. We became fast friends and co-counsel, before his hundred years ago, it might have been Lewis, Clark and Weston. fi rst combat deployment to Iraq in 2003. He was brilliant, funny, I loathe the inappropriate use of the term “hero”—it has robbed irreverent, loyal, kind, and dedicated in a way few can understand, the word of its meaning. Mike may have been a hero, but he was and even fewer could emulate. He was, as he said of another friend defi nitely a patriot and a public servant, selfl ess in a way many who who also gave his life in Afghanistan, “the best of us.” It quickly have passed through Harvard’s hallowed halls could not fathom. As became apparent to Mike that being an attorney was not enough Hamlet observed of his father, “He was a man, take him for all in all, I to quench his thirst for adventure. When he left active duty to shall not look upon his like again .” P

in memoriam

other vocal concerts, and played a major Appeals Court. Appointed to the 25-member helped found. He later served as president part in the development and ongoing sup- Appeals Court by Gov. William F. Weld ’70 of St. Nicholas Music, an independent mu- port of the highly successful youth musical in 1997, she served on the court until her sic publishing company, and was a private productions program. retirement in 2006. Previously, she was an investor in intellectual property, securities pamela a. williamson ’77 of Anchor- assistant state attorney general and served and fine art. He co-wrote “Competition age, Alaska, and Los Angeles, Calif., died as general counsel for the Executive Office in the Investment Banking Industry” and June 12, 2009. She was a writer and a cor- of Administration and Finance under Weld. “Signposting: The Selective Revelation of porate attorney who began her career at the Beck was a key adviser on the state budget. Product Information.” He served on the firm of Arnold and Porter in Washington, She wrote several opinions, including one boards of Carnegie Hill Neighbors, the De- D.C. She attended the Film Institute of settling a neighbors’ spat over oceanfront fenders of the Historic Upper East Side and America in Hollywood and ultimately pro- property rights in North Falmouth. During the Historic Neighborhood Enhancement duced a documentary on heroes in the USA, her career, she worked with the Ward Com- Alliance. He was active in the Episcopal wrote and served as legal consultant for the mission, investigating corruption in state Chaplaincy at Harvard for 30 years and television series “Divorce Court,” and was public construction projects in the 1970s. served most recently as president. the head of the reading department at Walt michael b. taggart ll.m. ’80 of Auck- Disney Studio. 1980-1989 david v.p. marks ’80 of land, New Zealand, died Aug. 13, 2009. He susan s. beck ’78 of Cambridge, Mass., New York City died July 8, 2009. He began began his teaching career at the University died March 7, 2009. She was a political his business career as president of the GMS of Ontario followed by an appointment as a activist and a justice on the Massachusetts Group, a strategic consulting firm that he lecturer at Auckland University in 1982. At

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Auckland, he was appointed a professor in Afterschool as well as past president of the LUKE COLE ’89: 1962-2009 1988, served as dean of law from 1992 to 1995 Truman Scholars Association. He was a and was the first holder of the Alexander Harry S. Truman Scholar and a Presidential Turner chair. He also taught at universities Scholar at Wofford College. in the United Kingdom, France and Austra- rodrigo rosenberg-marzano ll.m. Advocate for lia. He was named a fellow of the New Zea- ’86 of Guatemala City was shot to death land Academy of the Humanities and was on May 10, 2009. A founding partner of Environmental the author of several academic works. Rosenberg-Marzano, Marroquin-Pemueller niall l. o’toole ’82 of Stamford, Conn., & Asociados in Guatemala City, he special- Justice and formerly of New York City died June 5, ized in international, tax, trademark, corpo- 2009. He practiced corporate law in New rate and procedural law. He served as vice luke cole ’89, a leader in the envi- York City. dean of the law school at Rafael Landivar ronmental justice movement—which matthew m. neumeier ’84 of Chicago University and president of the board of holds that many minority neighbor- died May 17, 2009. A class-action defense directors of the Center for Arbitration and hoods have become toxic dumping attorney, he was a partner at the Howrey Mediation Foundation. After his death, a grounds—died June 6, 2009, in a law firm in Chicago, running its products video emerged in which he stated that if he traffic accident in Uganda at age 46. liability and mass tort class action practice. were killed, Guatemala’s president, Alvaro Cole was executive director of the He was also a member of its global litigation Colom, would be responsible. (President Center on Race, and commercial trial practice groups. Before Colom denies involvement in any part of the Poverty and the joining Howrey in 2007, he was a partner at murder.) Environment, a San Jenner & Block. In 1999, he joined the board Francisco-based of directors at the Chicago Children’s Mu- 1990-1999 jill m. barlow paquette nonprofit that he seum. After law school, he clerked for U.S. ’91 of New Hartford, N.Y., died April 25, co-founded in 1989. Chief Justice Warren Burger, and he later 2009. She was a law professor at Syracuse As head of the worked with Burger after his retirement University and previously practiced corpo- center, Cole played on the U.S. Constitution Bicentennial Com- rate law in Utica, Albany and New York City. a key role in several mission. He joined Skadden, Arps, Slate, nan r.w. lewis ’92 of Indianapolis died important cases, Meagher & Flom in 1990 as an associate in May 1, 2009. She worked for the Marion including winning a victory for the the Chicago office. County Prosecutors Office and the Marion mostly Hispanic residents of Kettle- thom as c. bolliger ll.m. ’85 of Zurich, County Public Defenders Office. She later man City, Calif., when a state court Switzerland, died July 29, 2009. He joined wrote romance novels. halted the construction of a toxic the firm Schellenberg Wittmer in 1987, damon a. dunn ’94 of Milan, Ill., and waste incinerator and invalidated the and he became a partner in 1991. He was formerly of Chicago died June 26, 2009. county’s environmental impact report a member of the firm’s dispute resolution based on its failure to translate the group and focused his practice on litiga- staff eleanor r. appel, placement report into Spanish. tion, employment law and bankruptcy. He director at Harvard Law School until 1980, He also did extensive work to pro- also served as alternate judge at the District died in Cambridge at age 90. A 1940 gradu- tect the environmental legal rights of Court of Zurich for a decade and was a ate of Radcliffe College, she began working American Indian tribes, most recent- member of the Zurich Board of Bar Exami- in the placement office at HLS in 1949 and ly in Kivalina, Alaska, settling a case nation since 1996. He wrote several publica- became director in 1959. against a major zinc producer whose tions on inheritance and bankruptcy law. ellen j. miller, former editor of the mining operations were fouling the brooks r. burdette ’86 of New York Harvard Law School Bulletin and senior water supply of the Inupiat village. City died May 13, 2009. He was a litigator HLS administrator, died on May 26, 2009, He served on the EPA’s National at Schulte Roth & Zabel. After joining the at the age of 76. Miller graduated from the Environmental Justice Advisory firm in 1993, he represented clients in trials University of Rochester and received a mas- Council in the 1990s, co-founded the and arbitration hearings in complex civil ter’s in television from Syracuse University journal Race, Poverty & the Environ- matters, including accountants liability, before working as a television producer in ment and co-wrote the book “From securities law, antitrust, commercial con- Ann Arbor, Mich. She started at the Bulletin the Ground Up: Environmental Rac- tracts and trademark. Active in pro bono in 1974, when her first husband, Arthur ism and the Rise of the Environmen- work, he was the partner in charge of pro Miller ’58, joined the faculty. In 1980, she tal Justice Movement.” He taught at bono matters. He was co-chair of the Trial created and headed the HLS Media Services institutions including Stanford Law Evidence Committee of the ABA’s litigation Department, and she later served as director School, where a professorship has section, a member of the Federal Bar Coun- of education technology and then director been established in his name. cil’s Committee on Second Circuit Courts of administrative publications at the school. At HLS, Cole was a mordant car- and a trustee of the Harvard Law School As- After retiring in 2001, Miller wrote several toonist for the Record and a leading sociation of New York City. Burdette was a books, including “All This Reading: The student activist. Professor Randall founding trustee of Democracy Prep Public Literary World of Barbara Pym.” She also Kennedy recalled: “He was one of the Charter School, a board member of The Ad- founded the American chapter of the Bar- most memorable students I have had ams Street Foundation serving the Students bara Pym Society and was a nationally com- the good fortune to know. of the Urban Assembly School for Law & petitive Scrabble player. She was the feature “He was a big guy with a big per- Justice, director of the Appleseed Founda- editor for the Carlisle (Mass.) Mosquito sonality—the sort of person who is tion and of Volunteers of Legal Service, Inc., newspaper at the time of her death. very passionate about things, and and a regional vice chairman of the Law- who never let his passions dim. It’s a yers’ Committee for Civil Rights Under Law. tremendous loss.” P He was also a past director of Brainstorm

winter 2010 harvard law bulletin 69

38_71_HLB_Wntr10_09.indd 69 12/14/09 7:18 PM IN MEMORIAM FINN M.W. CASPERSEN ’66: 1941-2009 | BRUCE WASSERSTEIN ’70: 1947-2009 Keystones and Pillars

Two of Harvard FINN M.W. CASPERSEN the world—and he wanted Law School’s ’66, who chaired the Dean’s to help.” Advisory Board at Harvard In addition to his greatest alumni Law School, died in Rhode leadership of the campaign, leaders died Island on Sept. 7 at the age Caspersen endowed two of 67. He was former chief professorships at HLS—the this fall, as the executive of the fi nancial Benefi cial Professorship building that services fi rm Benefi cial Corp. of Law, and the Finn M.W. Recently, he was chairman Caspersen and Household will stand as of the board and CEO of International Professorship a tribute to Knickerbocker Management, of Law and Economics. A a private management fi rm special collections room in their support that oversees the assets of Langdell Library bears the was rising. various trusts, foundations Casper sen name. In 2008, he and individuals. was given the Harvard Law Both were School Association Award, enormously Caspersen led HLS’s the highest honor the school important “Setting the Standard” bestows on its alumni. campaign, which, when “Finn Caspersen once to HLS for it was completed last said that Harvard Law many years, spring, raised more than School challenged him to $476 million, exceeding think, and he in turn became both serving its goal and making it the an extraordinary friend and on the Dean’s largest and most successful supporter of the school Their names will grace campaign in the history and its mission,” said HLS Advisory Board of legal education. At that Dean Martha Minow. “We a building they should and taking time, he designated his own mourn the loss of a visionary have lived to see record-setting gift toward believer in the power of leadership the construction of the new education.” roles in two Northwest Corner building. Education was at the He was also a major donor to heart of Casper sen’s philan- fundraising the school’s previous capital thropic interests. As he told campaigns. campaign, completed in the Harvard Law Bulletin The student 1995. last year, “If there’s any one “He was totally devoted area of charitable endeavor wing and to the school,” said Profes- that should be highlighted, the academic sor Robert Clark ’72, who it’s education, because it’s was dean from 1989 to 2003. an investment in the fu- center in the Caspersen was a strong sup- ture—an investment in hu- Northwest porter of higher education in man capital. I’ve been active general, said Clark. “But he in a range of other things, Corner building managed somehow to make but education has always now under us realize that Harvard Law been my particular love.” School was special—above He is survived by his construction everything else.” wife, Barbara, and four sons: will bear their “He really believed that Finn Jr. ’95, Erik ’96, Samuel top institutions could make ’99 and Andrew ’03. P names. a huge difference in the world,” Clark recalled. “He also thought we leveraged our effect on society by creating leaders. He got it— what our special role is in GEORGE SIMIAN

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38_71_HLB_Wntr10_09_r1.indd 70 12/16/09 6:34 PM He brought his strategic advise law students. genius and creativity in ser- Clark recalled how much vice to Harvard Law School the school benefi ted from as a member of the Dean’s Wasserstein’s advice: “He Advisory Board and the HLS had a really good take on Visiting Committee. goals and strategies for the Wasserstein was a law school. … He understood longtime supporter of the the importance of scale—of school. During the most re- being the big city rather cent “Setting the Standard” than the little town—and of campaign, he was a member linking up to the business of the executive commit- school and the Kennedy tee and his family made a School and being interna- historic gift to help pay for tional. He had great strate- construction of the new gic vision, and it helped us.” building on the northwest While at HLS and Harvard corner of campus. Business School, Wasser- “Bruce Wasserstein’s stein worked for a summer impact on modern fi nance as one of Ralph Nader’s (’58) is immeasurable, and so is “raiders.” His law school his impact on the Harvard friend Mark Green ’70, with Law School,” said Dean whom he wrote an impas- Martha Minow. “[He] had an sioned anti-establishment unwavering belief in what book early in his career, an education here makes recalled: “His brilliance and possible not only for those candor won him the trust of pursuing their own dreams, populists like me and Ralph but also for those who use Nader as well as fi nanciers

PHIL FARNSWORTH law to pursue justice. We like [Carl] Icahn.” will miss him terribly.” During his career, Was- BRUCE WASSERSTEIN “Bruce was a wonderful serstein worked on some of J.D. ’70 M.B.A. ’71, who guy,” recalled former Dean the biggest deals of the past ushered in an era of bold, Robert Clark. three decades, reshaping creative deal-making and “The more you got to the mergers and acquisi- transformed the history of know him, the more you tions business. investment banking and realized that despite his “He was a master of his corporate fi nance, died Oct. brainy character, he was craft,” said HLS Professor Gu- 14. He was 61. someone who cared a lot han Subramanian J.D./M.B.A. about people in his life and ’98. “Ever since I was a stu- Wasserstein started his certain causes,” said Clark. dent at Harvard Law School career at the law fi rm Cra- And among those causes and continuing through my vath, Swaine, and Moore; was Harvard Law School, he current work, he contrib- worked at First Boston; and added, including public inter- uted generously of his time later started his own fi rm, est activities at the school. to help me understand Wasserstein Perella, before Wasserstein and his fam- corporate deal-making.” becoming chairman and CEO ily endowed a professorship Wasserstein is survived of Lazard in 2005. A creative in public interest in honor of by his wife, Angela Chao thinker and a talent scout, he his father, Morris Wasser- A.B. ’95 M.B.A. ’01, and six also chaired Wasserstein and stein, a businessman, inven- children, including Pamela Co., owner of The Daily Deal tor and philanthropist. They A.B. ’00 J.D. ’04, Ben A.B. ’03 and New York Magazine. also established a program and Alex A.B. ’07. P that brings public interest attorneys to campus to PHIL FARNSWORTH

winter 2010 harvard law bulletin 71

38_71_HLB_Wntr10_09.indd 71 12/14/09 7:18 PM GALLERY

Starstruck One reasonable man’s crusade

soon agreed to direct my thesis. After two months’ research, however, I re- alized that the Reasonable Man had lived too long—unreasonably long for an LL.M. thesis. Mort suggested an alternative, an independent paper on the evidence writings of James Bradley Thayer, an HLS professor from 1874 to 1902 best known for producing the fi rst casebook on constitutional law and a theory of judicial review which infl u- enced the likes of Hand and Brandeis. I took him up on the idea. After my LL.M. year, I returned to teaching in Houston. Things got hot. By summer, tenure was out the window. One day, when I was wondering how I was going to feed my family, the phone rang—deus ex machina. A quavering voice identifi ed the speaker as Polly Thayer Starr. We had never met, but I had heard about her—Quaker con- vert, renowned painter, and generous patron to HLS, where her grandfather, father and brother had been profes- sors. Would I return to Cambridge, she asked, on her dime, to research the life of her grandfather? More than 20 years later I ask my- self, How was it that I was lifted out HLS SPECIAL COLLECTIONS of the oily swamp and delivered up MARK DE WOLFE HOWE (1933-1967), BY POLLY THAYER, 1970 to the city on the hill? Mort cannot say, with certainty, how he chose the By Jay Hook LL.M. ’86 not take my eyes off of the forceful, Thayer topic. My current hypothesis is In September 1985, I stopped by mysterious gaze of the man in the that the handwriting was on the wall. Griswold 3S to pitch an LL.M. thesis portrait on the wall. When Mort came The Howe portrait that arrested my idea to Professor Morton Horwitz. I out to greet me, I told him how much attention that fi rst day is signed “Polly was not committed to the topic: “Bi- I admired the painting. “That’s Mark Thayer, 1970.” Mort had known who ography of the Reasonable Man.” My De Wolfe Howe,” he said, “the fi rst the painter was true goal was to view, at close vantage, Warren Professor. I’m the second.” He all along, but I a remarkable group of unreasonable admired both the portrait and the man did not notice men—the Crits: the Conference on Crit- portrayed. Howe, a civil rights activist, the signature ical Legal Studies. Mort the Tort was had been the offi cial biographer of Jus- until years later. one prong of the Unholy Trinity—three tice Holmes—although, at age 60, Howe By then, I had young leftist professors rocking and died unexpectedly, leaving the biogra- basked in Polly’s

roiling legal education. phy unfi nished. warm aura—at jay hook Waiting outside the offi ce, I could Mort took me into his offi ce and her Hingham

72 harvard law bulletin winter 2010

72-c4_HLB_Wntr10_09.indd 72 12/14/09 8:30 PM ART RESTORATION: As a law student 25 years ago, Jay Hook was captivated by a portrait of Mark De Wolfe Howe by Polly Thayer Starr. On a recent return to campus, he discovered it was missing.

estate, at the Quaker meetinghouse in Cambridge and at shows of her work on Newbury Street. And by way of her fond recollections, I had met her father (Dean Ezra Ripley Thayer) and brother (a Roman law specialist). You can imagine, then, the black frame of mind I fell into when, walking through Griswold 3S three years ago and gazing at the fateful wall, I saw … a Kandinsky print called “Black Frame.” My friends in Special Collections said Howe was in a holding cell, getting ready to be ferried over the River Charles to the Depository. I felt the rustication ill-conceived. Why replace a talented, local woman’s portrait of a beloved teacher with a Rorschach card? And ill-timed. Ever-benevolent Polly had just died, at 101. I wrote out a clemency petition. Mort would sign, as would Professor John Mansfi eld, who had been Howe’s best friend on the faculty. Another denizen of Griswold, Professor Christine Desan, joined the rescue mission. I wish I could say the crusade was arduous and dangerous; in fact, it ended before I could even circulate the petition. It’s true, we never dislodged the Kandinsky from 3S, but that was a BOSTON ATHENAEUM POLLY THAYER (1904-2006) SELF-PORTRAIT, 1943 good thing. From his old perch, Howe would be glaring at a coff ee machine. Now, he has found a higher place. In It seems that after his death, Howe’s at the canvas, he saw his old friend 4N, he crosses glances with Thurgood students raised money for a portrait, again. P Marshall. This seems apropos. For but the funds disappeared. In 1969, decades, John Mansfi eld administered Howe’s sister Helen wrote family Jay Hook is a member of a research team— the Mark De Wolfe Howe Fund, friend Polly Thayer, mentioning the directed by Visiting Professor Daniel Co- supporting legal history research and lost funds and wondering if she might quillette ’71—at work on a history of HLS civil rights activities by HLS students do a portrait of Mark “out of love.” due out by the school’s bicentennial in 2017. and graduates. The memorial service Polly was moved by this plea, and Hook is now interviewing members of the for Howe in Memorial Church, in 1967, she completed the painting, gratis, in Crit rebellion. Like Howe, at 60, he is the John recalls, ended with the great 1970. John Mansfi eld recalls walking author of an unfinished official biography; gathered throng singing “We Shall up the stairs to Polly’s Back Bay garret his book will cover the three generations of Overcome.” backward, so anxious was he that the Thayers on the HLS faculty. Meanwhile, The thrill of the rescue inspired me portrait would be unacceptable. But the he also represents indigent defendants in to look into the history of the painting. moment he turned around and looked Middlesex County.

72-c4_HLB_Wntr10_09.indd c3 12/14/09 8:31 PM Harvard Law Bulletin Nonprofit Org. Harvard Law School U.S. Postage Paid 125 Mount Auburn Street Burlington, VT Cambridge, MA 02138 05401 Permit 347

“Much more than steel and concrete, the building is a symbol of our confidence in the nov. 19, 2009 future and a reflection The last beam of our resilience and is lifted in a ceremony aspirations.” marking the completion of —Dean Martha Minow the framing of the Wasserstein Hall, Caspersen Student Center, Clinical Wing project. PHIL FARNSWORTH

72-c4_HLB_Wntr10_09_r1.indd c4 12/17/09 6:23 PM