GEORGETOWN LAW Res Ipsa Loquitur Fall/Winter 2015 EXPERIMENT ON K STREET Millions of Americans Can’t Afford a Lawyer The D.C. Affordable Law Firm Plans to Change That Letter from the Dean lmost 50 years ago, Georgetown University Law ACenter put law school clinics on the map. We have continued to be a leader in clinical education ever since. In the last decade we have been at the forefront of an- other landmark innovation in experiential learning as we have developed more than 30 practicum classes, which combine seminars with field placements and provide students with opportunities they can’t get anywhere else. Between our clinical offerings, our practicum and our other experiential course offerings, we can now GEORGETOWN LAW guarantee our second- and third-year law students an Fall/Winter 2015 experiential course every semester. ANNE CASSIDY Editor Another “first” may not just revolutionize legal education but the legal profession itself. Starting this September, we embarked upon a unique experiment: We are team- ANN W. PARKS Senior Writer ing up with two law firms, DLA Piper and Arent Fox, to create a new law firm that BRENT FUTRELL serves people whose incomes make them ineligible for free legal services but who can’t Director of Design afford the $200 to $300 an hour it costs to hire a lawyer in Washington, D.C. The INES HILDE Senior Designer D.C. Affordable Law Firm (see page 24) consists of six of our newly minted graduates trained to provide low bono legal services in the areas of elder law, domestic relations, EMILY ELLER Communications Associate housing, immigration and nonprofit transactional law. They will receive an LL.M. ELISSA FREE in advocacy — and their clients will receive the legal help they so desperately need. Executive Director of Communications Millions of Americans can’t afford a lawyer, but it is our hope that the D.C. Affordable KARA TERSHEL Director of Media Relations Law Firm will help address that social justice crisis. As far as we know this kind of partnership is a first — but it’s an idea we hope is replicated throughout the country. RICHARD SIMON Director of Web Communications Speaking of firsts, we recently celebrated the 40th anniversary of the Juvenile SAM KARP Justice Clinic, which was the first clinic of its kind when it was founded in the mid- Senior Video Producer 1970s (see page 34). “Think of what it might mean for a 15-year-old to spend a year in MATTHEW F. CALISE Director of Alumni Affairs jail without a lawyer, …” Professor Wally Mlyniec has said. “So my first vision was to implement the Gault decision.” Mlyniec, who has done an extraordinary job direct- KEVIN T. CONRY (L’86) Vice President for Strategic Development and External ing the clinic from the beginning, is stepping down to become its senior counsel. Affairs Professor Kristin Henning (LL.M.’97), who first came to Georgetown in 1995 as a WILLIAM M. TREANOR Dean of the Law Center Prettyman-Stiller fellow, is the clinic’s new director; a gifted teacher, scholar and law- Executive Vice President, Law Center Affairs yer, Henning will help us build on the vitally important work the clinic has been doing Cover design: Brent Futrell since its inception. We welcome your responses to this publication. Write to: Meanwhile, you — our alumni — continue to amaze me in every way. Your gener- Editor, Georgetown Law osity is on full display in this issue, from the Opportunity Scholarships you fund (see Georgetown University Law Center 600 New Jersey Avenue, N.W. page 46) to the 939 applicants you’ve interviewed in 44 states and 14 countries. As our Washington, D.C. 20001 Dean of Admissions Andy Cornblatt says, in an article celebrating his 35th year at the Or send e-mail to: [email protected] Law Center (see page 8), “One of the joys of this job is that we are dream givers.” But if Andy and his team are the dream givers, then you are the dream sustainers. Thanks Address changes/additions/deletions: 202-687-1994 or e-mail [email protected] for all you do. Georgetown Law magazine is on the Law Center’s website at www.law.georgetown.edu Copyright © 2015, Georgetown University Law Center. All Sincerely, rights reserved. William M. Treanor Dean of the Law Center Executive Vice President, Law Center Affairs GEORGETOWN LAW Res Ipsa Loquitur Fall/Winter 2015 24 Experiment on K Street By Anne Cassidy Millions of Americans can’t afford a lawyer. The D.C. Affordable Law Firm plans to change that. 34 Saving the Children By Ann W. Parks At 40 years (plus!), the Juvenile Justice Clinic is going strong. 34 46 The Power of Service By Ann W. Parks Opportunity Scholarships create an enduring chain of loyalty and good will. 54 Parenthood: Sacred Trust or Sacred Right? By Jeffrey Shulman An excerpt from The Constitutional Parent: Rights, Responsibilities, and the Enfranchisement of the Child. 54 71 To Hell and Back: A Career Prosecutor Reflects on the Aurora Theater Shooting Trial Alumni Essay by Rich Orman (L’91) 2 FACULTY NOTES 24 FEATURES 10 LECTURES & EVENTS 60 ALUMNI 65 IN MEMORIAM 74 GIFTS IN ACTION 66 ALUMNI AUTHORS 78 ALUMNI EVENTS FACULTY NOTES Eight New Faculty Join the Law Center “The Hidden Limits of the Charitable Deduction: An Introduction College, she received an M.Phil. from to Hypersalience,” 92 Boston University Law Review 1307 (2012) “Sovereignty, Integration, and Tax Avoidance in the European Cambridge University and a J.D. cum Union: Striking the Proper Balance,” 48 Columbia Journal of laude from Harvard Law School, where Transnational Law 117 (2010) she was editor-in-chief of the Harvard rofessor Lilian Faulhaber comes International Law Journal. She will teach Pfrom Boston University School of Taxation, International Business Trans- Law. Since 2013, she has worked at the actions and the seminar Taxation in the Organisation for Economic Co-operation European Union. and Development, where she has been ALASTAIR ARTHUR an adviser to the Base Erosion and LILIAN FAULHABER Profit Shifting Project. Before joining the Boston University faculty, she was A.B. 2000 a Climenko Fellow and lecturer on law Harvard at Harvard Law School. Her research M.Phil. 2001 and teaching interests include interna- Cambridge tional tax law, federal income tax law, J.D. 2005 Harvard tax policy, European Union law and international law. She clerked for Senior EXPERIENCE AND AFFILIATIONS BRENT FUTRELL Climenko Fellow and Lecturer on Law, Harvard Law School Judge Robert E. Keeton and Judge Wil- Associate Professor of Law, Boston University School of Law liam G. Young, both on the U.S. District Adviser to the Base Erosion and Profit Shifting (BEPS) Project, Organisation of Economic Co-operation and Development Court for the District of Massachusetts, BRIAN GALLE and was an associate at Cleary Gottlieb COURSES Taxation I Steen & Hamilton LLP in New York. A.B. 1995 Harvard International Business Transactions She has published articles on interna- Taxation in the European Union Seminar J.D. 2001 tional taxation, tax avoidance, charitable Columbia REPRESENTATIVE PUBLICATIONS giving and European Union law. A “Tax Expenditures, Charitable Giving, and the Fiscal Future of the LL.M. 2006 European Union,” 89 Yale Journal of International Law 37 (2014) magna cum laude graduate of Harvard Georgetown Law 2 FALL/WINTER 2015 • GEORGETOWN LAW FACULTY NOTES EXPERIENCE AND AFFILIATIONS Justice’s Computer Crime and Intel- Law Clerk for Judge Robert A. Katzmann, U.S. Court of Appeals for the 2nd Circuit, and Judge Stephen M. Orlofsky, U.S. District lectual Property Section. Before that, he Court, District of New Jersey clerked for Judge Betty Fletcher of the Attorney, U.S. Department of Justice, Tax Division, Criminal Appeals and Tax Enforcement Policy Section U.S. Court of Appeals for the 9th Circuit Professor of Law, Boston College Law School and Judge Mariana Pfaelzer of the U.S. COURSES District Court for the Central District Taxation I of California. He earned his law degree Law and Economics Workshop from UCLA and undergraduate degrees REPRESENTATIVE PUBLICATIONS “Financial Incentives for Organ Donation: A Comparative Case in computer science and electrical engi- Study Using Synthetic Controls,” Journal of Health Economics BRENT FUTRELL (forthcoming) neering from Yale. After college, he spent “Pay It Forward? Law and the Problem of Restricted Spending PAUL OHM several years working as a computer pro- Philanthropy,” 92 Washington University Law Review (forthcom- ing 2016) grammer and network systems adminis- “The Tragedy of Carrots: Economics and Politics in the Choice of B.S. 1994 trator. He will teach Information Privacy Price Instruments,” 64 Stanford Law Review 797 (2012) Yale Law, a Technology of Privacy Seminar, rofessor Brian Galle arrives at the J.D. 1999 and Criminal Justice, and he will serve as UCLA School of Law PLaw Center from Boston College a faculty director for Georgetown Law’s Law School. Before that, he was on the EXPERIENCE AND AFFILIATIONS University of Colorado Law School, Associate Professor and As- Center on Privacy and Technology. faculty at Florida State University Col- sociate Dean for Academic Affairs lege of Law. His research and teaching Federal Trade Commission, Senior Policy Adviser United States Department of Justice, Computer Crime and Intel- interests include taxation, nonprofit orga- lectual Property Section, Honors Program Trial Attorney nizations, behavioral law and economics, COURSES federalism and public finance econom- Information Privacy Law ics. He was a visiting professor at the Technology of Privacy Seminar Criminal Justice Law Center in the 2008-2009 academic REPRESENTATIVE PUBLICATIONS year and has been a visitor at George “Sensitive Information,” 88 Southern California Law Review Washington University Law School and (forthcoming 2015) “The Fourth Amendment in a World Without Privacy,” 81 Missis- a visiting fellow at the Urban/Brook- sippi Law Review 1309 (2012) ings Tax Policy Center.