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Fall 9-1-2001 Law School Record, vol. 48, no. 1 (Fall 2001) Law School Record Editors

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THE U N V E R S T Y 0 F

R E c o R D

Fall 2001 The University of Chicago Law School

Saul Levmore Dean and William B. Graham Professor of Law

Jonathan S. Stern

Associate Dean for External Affairs

Editors Deborah Franczek, '71 2 Kyle Holtan Kathy Schichtel

Senior Writer Gerald de Jaager

Contributing Writers and Editors Richard Badger, '68; Douglas Baird; Ellen Cosgrove, '91; Nichole Crist; Roberta Dempsey; Diane Downs; Richard Epstein; Marsha Ferziger, '95; Kay Kersch Kirkpatrick; Abner Mikva, '51; Martha Nussbaum; Peter Schuler

Class Correspondents Affable Alumni 38 6 Design and Production VisuaLingo Fran Gregory

Chief Photographer Michelle Litvin

Supporting Photographers Cheri Eisenberg Bruce Powell

Publisher The University of Chicago Law School Office of External Affairs ibc 1111 East 60th Street Chicago, Illinois 60637

Telephone: 773-702-9486

Facsimile: 773-702-0356

Email: [email protected]

Web site: www.law.uchicago.edu

The University of Chicago Law School Record (lSSN 0529-097X) is published for alumni, faculty, and friends of the Law School. Student Life 22 Books Vol. 48 8 Words of Celebration and Caution for the Books by Facu Ity © 2001 by The University of Chicago Law School Class of 2001 Books by Alumni Reproduction in whole or part, Celebrating High Achievement. Facing the Albert Alschuler, Law Without Values: The Life, Work, without permission of the publisher, of New Millennium and of Justice Holmes is prohibited. Challenges the Legacy Dean for a Day Cass Sunstein, Republic.com Carpe Diem! The Law of Courage 25 Alumni News Approaching Legendary Proportions 14 Faculty News Who Gets to Keep the Notes? Faculty Books Consider Bush v. Gore "A Man Who Knows the Law" Faculty Scholarship Breaking New Ground Tribal Counsel

Sustaining a Legacy Chicago International Fostering Service in the City Labor of Love CON TEN T S

FALL 2001

Chicago Plans Chicago Plans " "Quality, John Ruskin observed, tenure as the twelfth Dean of the Law School bear the Saul Levrnore's aims for his "is never an accident; it is always the

" love of effort. mark of his unflagging energy and persistent learning. result of intelligent

From its very beginnings, the Law School has expected nothing less than the highest levels of intelligent effort from its students, faculty, and indeed Career Projections administration. The result has been quality at the highest levels­ an on alumni and The Office of Career Services has built up its programs with eye quality that is manifested not only in the also in the lives of an influx of career counselors trained in the law. institution itself, but its individual graduates and by extension, in the betterment of society as a whole.

Throughout this issue of the Record, you will see how members of the Law School continue Inside Back Cover-Message from the Dean community inventing the future: the future of the Law

how the their own the In his first message for the Record, Dean Levmore explains keeping School itself, futures, future of and the" future Law School's community apprised of its endeavors and accomplishments keeps the legal practice, of the world in which we all live. Law School on course.

The article that begins on page 6 shows how the Law School's strengthened Office of Career Services is helping alumni and current students plan for fully satisfying, meaningful careers.

Exemplary attainments of Law School graduates fill the "Alumni News" section; pathbreaking scholarship is recounted throughout "Faculty News;" the vibrancy of today's Law School and the wisdom expressed in this year's commencement and hooding-ceremony

" addresses are captured in "Student Life. 31 Law School Life 36 Alumni In Memoriam In the Message from the Dean on the Trivia Contest inside back cover; Saul Levmore reflects law School Musical 37 Alumni Class Notes on the attributes that have made the Film Festival Class of 2001 School and the Moot Court List of Honors Law great anticipates Class Nussbaum vs. Posner Graduating challenges of sustaining topflight Are Now? lani Guinier Visit Where They excellence in years to come. The Jesse Jackson Jr. Visit qualities of mind and temperament C a len dar (back cover) Asa Hutchinson Visit that uniquely equip the new dean for Five Decades of Service Phil Neal Honored for his weighty responsibilities are profiled What's Going On at www.law.uchicago.edu? in the article that begins on page 2. ClF Auction Chicago Saul Levmore, the William B. Graham Professor of Law, took office on July 1 as the twelfth Dean of the Law PI an s.. School, succeeding Interim Dean Richard Epstein.

a sweltering July morning, 68 students are gathered in "The exceptional academic standards of the University of a lecture hall-though not at the University of Chicago, Chicago's Law School demand a dean of great academic Onas it happens-for their first taste of the rigors of studying enter the distinction, as well as one who can work effectively law. In the fall they will law schools throughout country

as first-year students; today they will begin a six-day "boot camp" with the School's many constituencies," said Unive�sity aimed at jumpstarting their law school careers. President Don Randel in announcing Levmore's After a brief introduction, their first instructor takes his place at appointment. "In Saul Levmore we are fortunate to have the front of the room. He is Saul Levmore, installed less than a week

earlier as Dean of the University of Chicago Law School. Rolling aside found just such a dean. I look forward to working with the podium the better to interact directly, he introduces a preliminary him to ensure that the School continues to define the topic: "How to succeed in law school without being too obnoxious:' highest standards in the study and teaching of the law." Within fifteen minutes, the students are relaxed and even laughing seems to be a "as their first a bit, as Levmore advises on ways to "Besides;' he adds with what wink,

survive the dreaded Socratic method, official 'law professor: I get to help set some of the ways they all will

at next three and even that:' poking gentle fun along the way think about law for the years, maybe beyond

the new dean's interactions. some law-professor stereotypes. That implied wink is often present in Then he settles into his assigned In his teaching, it takes some of the "dreaded" out of the Socratic subject, contracts, which he will method. In conversation, it invites his listeners not to take what he

teach for the next eight hours. He is says with absolute seriousness, to be willing to speak up, question,

to the interaction have a bit hoarse this morning-the result challenge-or else wonder later where might than them. of too much vocal exuberance at the gone had they done so. It percolates ideas, rather imposing committee for the swimming pool with his family over the weekend, he suspects-but Professor Cass Sunstein, who chaired the search it matters only to him. To the students, he is nearly mesmerizing, new dean, says Levmore's commitment to teaching and mentoring "Saul's and by the end of the morning they are understanding that the was a significant factor in the committee's recommendation: study of law just might turn out to be the great intellectual adventure a person who really thinks ideas are fun. He's an unbelievably

one of the best teachers in the and some have said it can be. accomplished teacher, country,

mentor to Sunstein "I asked Saul Levmore to teach in this program because a friend also a truly outstanding students," says. of mine who attended the University of Virginia Law School [where While he was still at Virginia, where he won awards for the quality in of his and the excellence of his Levmore Levmore taught for 18 years before joining the Chicago faculty teaching scholarship,

on short list of 1998J told me he was the best professor he ever had, anywhere:' says showed up National Law Journafs very faculty

hasn't at members that other law schools would love to have for their own. program organizer Donald Macauley. Levmore disappointed: the first such session he taught, his evaluation from the students The Law School landed him in its heralded 1998 "faculty raid." was 4.9 out of a possible 5 points-a feat no other instructor has Uncommon Zest approached, according to Macauley. Exceptional teaching and mentoring were not the only attributes

so to selection. Sunstein cites another: "I think he Says Levrnore, "I like doing this program, particularly because that led Levmore's

are life after substantial will do a at student life which is not what many of the attendees re-entering academic great job making joyful,

class who has been a the of is famous for." time away, like that fellow in today's police University Chicago

can more If his own life is an Levmore should be the officer for six years. If I give them self-confidence, example, just person

what he with uncommon I think that's a good thing." to make joy happen. He attacks does zest. Some people jog; he runs marathons. Some people enjoy

II As their first official 'law professor,' relaxing with a puzzle or a brainteaser; he wrote a book devoted to puzzle-solving, SuperstrategiesJar Puzzles and Carnes. He is good I get to help set some of the ways they enough at squash to have filled several shelves with trophies. Anyone who observes him with his wife, Julie Roin (a Law School all will think about law for the next three professor and renowned tax expert whom he met while they were both law students at Yale), and their two sons, Nathaniel and years, and maybe even beyond that." Eliot, sees how intensely he enjoys their company. That he may

FALL 2001 • THE UNIVERSITY OF CHICAGO LAW SCHOOL m have rendered himself A native New Yorker who spent the better part of two decades nearly voiceless in in Virginia-not counting visiting professorships at Harvard, Yale, boisterous family horseplay Toronto, Michigan, and Northwestern-Levmore nonetheless

seems to the characterized in architect on a weekend seems embody Chicago spirit wholly in character. Daniel Burnham's famous admonition, "Make big plans; aim high in attributable Relentless Curiosity hope and work:' Perhaps some of that Chicago spirit is his in-laws include Law School alumni Dan and It would seem to go to family ties: without saying that Howard Roin (,51 and '78, respectively). for the of his Levmore, as a member To conserve some of his energy responsibilities Levmore has his habit. Aside from that, of the Law School faculty, is himself a distinguished scholar. deanship, given up squash

he doesn't seem to be himself In his first with Love of the law came to him relatively late, and relatively suddenly. pacing meeting

some a administrative staff of the Law School, he threw out ideas for After graduating from Columbia in 1973, he was studying for students' richer he used the word Ph.D. in economics at Yale when he met some law students and making experience (yes, "joy")

to think of more. Within a week of found their discussions interesting. So he went to the law library, and asked those in attendance Director for Academic Affairs a that Chirelstein's office, he and Emily picked up textbook looked promising-Marvin taking Faculty

be a Buss asked for reaction to for three new Federal Income Taxation-and found it, he says (with what may faculty plans possible programs: discussion and what he wink), "the most fascinating, compelling thing I had ever read:' a colloquium series, faculty-student groups,

and Buss are for want of a better term, Initiatives:' He applied to Yale Law School, from which he graduated in 1980, cailing, "Chicago The first on criminal has been completing his economics Ph.D. in the process. colloquium, justice, already

core of scholars When the American Academy of Arts and Sciences selected him organized by Professor Tracey Meares, '91. A group

from area law Northwestern, Illinois, and for membership in its exclusive ranks last year, the electors emphasized schools-including Indiana-will meet for five seminars between and "his relentless curiosity and wide range of interests" which, they January May,

each time on an criminal issue. Those said, "bring a fresh perspective to a wide range of legal questions:' focusing emerging justice another of to be a scholar when issues will be set forth in group Levmore says he feels fortunate legal today, papers presented by

cross-area are valued. scholars, from unive�sities that include interdisciplinary and even approaches highly leading George Washington, at seminars will be to built a career on NYU, and Yale. Attendance the open "Thirty or forty years ago, when you knowing twelve-volume treatises about members of the Law School Meares "This one subject inside-out and writing it, community. says, will a level of sustained, interactive I probably wouldn't have enjoyed it," he remarks. "But today, when colloquium accomplish analysis be of critical issues that no institution could achieve on its own. you're always looking to see how some aspect of law might single I'm that it's here at applied to a wholly different legal subject area, I am completely very pleased happening Chicago." Levmore and Buss's second is to stimulate energized. That approach fits me very nicely:' proposal designed Levmore and a closer interaction between and students, His recent works include a paper, "Beyond Majority Voting;' faculty something

on list. volunteers would host-in talk, "The Value of Time in Biblical and Modern Law/There are few places high his priority Faculty their homes-five-session discussion things that fail to interest him, few relevant connections that escape his groups ("quasi-seminars;'

on that interest them. ''1'm of relentless curiosity. At the Law School he has taught Public Choice, Levmore calls them) topics thinking

or five controversial Court Nonprofit Organizations, Comparative Law, Contracts, Corporations, topics like five great trials, Supreme Corporate Tax, and Commercial Law (Secured Transactions). Levmore's first Applied Energy See Dean IIMessage Top scholar, exceptional teacher, sterling colleague, great mentor, cover. has such a tremendous From the Dean" on the inside back provocateur for joy. Anything else? "He

amount of energy;' Sunstein says.

• 2001 m THE UNIVERSITY OF CHICAGO LAW SCHOOL FALL no reason on Levmore into I think we should be that; there's nominations, or five great writers' views legal ethics," place. doing should be set and explains, "and I'd love it if two faculty members with divergent why the policy agenda only by government committed views would team up to lead each discussion group:' ideologically organizations:'

Buss's third There is no wink behind his words as he discusses these The new dean acknowledges that his and proposal, proposals,

are the kinds of he loves to tackle the creation of "Chicago Initiatives;' is the most ambitious. He says, which clearly among puzzles Initiative would take two or so to ''The Law School has everything it takes to make a huge contribution these days. Each Chicago years

and would not an official Law School to national debate on important topics. You name it-health care, complete, represent position,

of room uninsured motorists, secession claims, campaign finance reform, just a reasoned analysis by very sharp minds, with plenty

we have the for dissent. Levmore sees conferences, seminars, research government accountability, immigration policy-and papers,

a of other mechanisms focused expertise, the perspective, and the visibility to affect the discussion visiting scholars, and panoply

even around the at hand. And he thinks it will be for by offering a possible plan for others to think about and put subject great inspiring current students and attracting new ones, who will

If IIWork"-whether it's teaching, relish the opportunity to be part of a larger, communal, vital intellectual exercise:'

a our that the book titled The J%rk scholarship, recreation, or the weighty It may be sign of times Joy 0/ is just another sardonic volume in the dispiriting Dilbert series. For resposibilities of a dean-seems to be Saul Levmore, his "work"-whether it's teaching, scholarship, recreation, or the weighty responsibilities of a dean-seems to be just another word for "[ov." just another word for "joy." The Office of Career Services helps alumni

and students build more satisfying careers Ca reer Projection

from a resume to about alternative some breaking news: new associates do not always sprucing up brainstorming

areas alternative OCS also offers to find the practice of law to be a completely satisrying practice (or careers). workshops resume and other crucial Here'soccupation. The National Association for Law Placement develop skills in interviewing, preparation, new leave their firms and Its reports that more than half of all associates career-planning job-search capabilities. popular networking three 23 and contacts for and within four years, 38 percent leave within years, percent mentoring programs provide strategizing support. is are before have The better to match its advice to its clients' interests, OCS depart within two years, and 8 percent gone they staffed with in different facets of law The most even reached their first anniversary. experts practice. Sheil The Law School's Herbert B. Fried Office of Career Services recent addition to the office, Associate Director Elizabeth

worked for as an associate in a law firm (OCS) continues to expand and improve the services it offers to help Fenner, eight years large

a A Vanderbilt Law today's students avoid becoming tomorrow's attrition statistics, and and as assistant counsel to major corporation. Fenner "I think law has to assist alumni who are changing jobs or thinking about doing so. alumna, says, my experience practicing

concerns I talk with and has Led by Assistant Dean Diane Downs, the OCS team has developed helped me understand the of people

a multifaceted also in and alternatives." a superb information infrastructure, staff, helpful helped weighing options

of materials to back that Downs, whose law is from Harvard, counsels students and programs, and plenty published up degree

can make a difference alumni in the areas of service and commitment. Downs says, "Good planning big principally public government in job satisfaction. We are ready, willing, and able to help everyone, from prospective students to seasoned alumni, with the information and advice they need, to have the careers they want." Associate Director Paul Woo has spearheaded the creation and that enables installation of a proprietary career services database

site as soon OCS to post job openings on the Law School's Web

on this before there as they are received. "Paul started working Downs "and he were even any commercial products available;' says,

has done such great work that we still have the superior produce'

a from Alumni can access job listings online by acquiring password OCS (see sidebar), or they can receive them in the mail by signing newsletter. As the Law School's to the Public up for the office's monthly opportunities. representative Law Network and to the National Association of Law Career planning is of course a highly individualized process, and Service to as much as half their Placement's service committee, she aims raise the Downs says she and the OCS team spend public profile who time in conversation with members of the Law School community, of University of Chicago students and alumni participate

on in service. Downs also administers the C. Hormel providing one-on-one guidance by phone or in person everything public James

m THE UNIVERSITY OF CHICAGO LAW SCHOOL. FALL 2001 Loan Deferment/Forgiveness Program, now in its fifteenth year, which is constantly being examined and improved.

oversees the Jennifer Sacon, a University of Pennsylvania JD., the office's mentoring programs and coordinates clerkship application of the members of each class process. Since one-fourth graduating begin their careers with a judicial clerkship, Sacon's help in navigating five that complex application process is critical. This year, graduates circuit are clerking at the Supreme Court, 32 in federal courts,

12 in federal district courts, and three in state supreme courts.

Alumni and students considering careers in teaching are referred to Professor Lisa Bernstein, the Law School's academic career advisor. outreach and This year, OCS extended its direct networking activities for alumni with breakfast presentations in Chicago, New Coordinator York, and San Francisco. More cities are on the itinerary for next The Office of Career Services staff: Standing, left to right-Office Pontus Niklasson, Assistant Dean and Director Diane Downs, Career the Law School's Office of year. OCS also works closely with Development Specialist Jennifer Sacon, Associate Director Paul Woo; Alumni Affairs to make connections alumni with similar among Seated-Associate Director Elizabeth Sheil Fenner.

new Alumni Careers interests. Downs says that the University's

Network (which can be accessed online from the "Career Services" "In most Downs students and alumni are to says, "Chicago section of the Law School's Web site by clicking on "Services ways," but or But I think the national trends in or anything average typical. Alumni") provides another way to locate a mentor become associate attrition are reflective of our own graduates' one for another alum. probably generally

The more we can do to those career are experience. help everyone navigate "Becoming a mentor or helping out with networking two great and make choices, the we will be:' to back to the Law changes great, satisfying happier ways for graduates give something School,"

alumni can also make a Downs says, adding that much-appreciated contribution by agreeing to give a presentation at the Law School. The Office of Career Services can help you with: Between 20 and 30 such presentations are made each year, on topics • Career counseling discussions of that range from enlightening particular practice • Information about job openings areas to specific advice on career-building skills. • Skill training still focuses on Of course, much of the office's activity helping • Networking and mentoring students secure great jobs. Woo coordinates an on-campus interviewing • Loan deferment or forgiveness for public-service careers ever-last over 250 students program that is stronger than year, For assistance or further information, contact OCS by from participated in more than 6,000 interviews with 325 employers phone at (773) 702-9625, by fax at (773) 702-3154, or by the office 28 states and three countries. During interviewing season, email at [email protected].

offers to review student's and last 175 students any resume, year nearly You can find additional information, plus handbooks on

a of and cover-letter at the took them up on that offer. Woo has also led process helping resume preparation writing, "Career Services" section of the Law School's Web site: students begin thinking about their career options earlier in their law http://www.law.uchicago.edu/careerscvs/index.html. school days, even working with the Admissions Office to introduce law. prospective students to career paths and trends in the field of

FALL 2001 • THE UNIVERSITY OF CHICAGO LAW SCHOOL m Student INS IDE

FACING THE CHALLENGES OF

THE NEW MILLENNIUM 10

11 EPSTEIN'S COMMENCEMENT REMARKS

12 BAIRD'S COMMENCEMENT REMARKS

13 Words of Celebration and MIKVA'S COMMENCEMENT REMARKS Caution for the Class of 2001

deserve to be as fuil On the picture-perfect morning of Friday, June 8, the who are productive respected that we all deserve Class of 200 I began its day of celebrations at the citizens. Let us say, instead, respect one an we disabled animals, each University Convocation in Harper Quadrangle, where for what are, political On a President Don Randel conferred 194 J.D. and 44 LL.M. individual with dignity:' day celebrating high

she the "to remember ... degrees. The graduates and their families swiftly moved achievement, urged graduates about the and human worth of the on to the Law School's a thought dignity of the acts of care Hooding Ceremony at weaknesses of the human body, and Rockefeller Chapel, and and concern that support them." Interim Dean finally to a reception at At the Hooding Ceremony following, their the Law SchooL Richard Epstein welcomed the graduates and families. His remarks were followed addresses from At each ceremony, by the Class of 200 I Douglas G. Baird, Harry A. Bigelow Distinguished '5 received inspirational Service Professor of Law, and Judge Abner J. Mikva, I, Clinton messages-words of both former White House counsel for President celebration and caution and chief judge of the District of Columbia Circuit from the for a new millennium. Court of Appeals (remarks Hooding Ceremony Martha Nussbaum, the are on pages I I through 13). then received the hoods associated with Ernst Freund Distinguished Service Professor in the Law Graduates from Professors Buss, School, the Department of Philosophy, and the College, their advanced degrees Emily Goldsmith, and David Strauss commencement on "Political Dennis Hutchinson, Jack gave the address, speaking alumni members. Burns was Animals: Luck, Need, and Dignity:' or from their family Joan our her Burns, '72; Matthew In the address, she spoke about the problems of hooded by father, James much his father, Robert '72; Alina founding social contract theories which underlie McCarthy by McCarthy, William about our and McLauchlan her father, McLauchlan, '72; of the way we think today citizenship by her Fried-Grushcow, '98; related human dignity. These founding contracts, Karen Fried by sister, Audrey her Anne Kimball, '76. which have historically focused on mutual advantage France Jaffe by aunt, Giddings wife Thomas Banks and Candace Dohn and that only involve participants who are equal and Husband and members of the Class of 2001, an of human Banks, both competent adults, omit imagination She that the hooded each other. beings as mortal and disabled. explained omissions of these and earlier classical works, have perniciously influenced U.S. public policy, which to this day continues to eclipse our modern sense of those who are responsibility to support the needs of their physically or mentally disabled, and caregivers. As weakness is a natural human state from which no she that one is exempt at certain times, suggested society of our has chosen to overlook an ever deeper idea nature-Aristotle's notion of our split animal and rational self Only by embracing a unique sense of human dignity and commonality that includes weakness, corrective actions to our can we apply valuable political foundations and perspectives, encouraging the social contract our nation to "move beyond tradition, with its bleak announcement that only those

LAW SCHOOL • FALL 2001 m THE UNIVERSITY OF CHICAGO

Student

Class of 2001:Celebrating High Achievement, Millennium F a c i n 9 the C h a II eng e s 0 f the New

Eduardo LL.M., Enoch Minn, J.D./M.B.A., Herszkowicz, Arnold & Porter Goldman Sachs, Investment Associate, Eduardo Herszkowicz Banking Group grew up

was educated in Sao Enoch Binn chose to work at and Paulo, his time as an Goldman Sachs in investment banking Brazil. He says of LL.M. student: "It was a because it is an arena in which he great year, interests in business both and can pursue his personally professionally without completely losing touch with speaking. The manner [in which] of the the courses are structured, and the intellectual his legal education. Minn was the managing editor challenge they students to learn and their best." Roundtable and was also active in Asian American Law offer, encourage give at Arnold & Porter for about a Students and Christian Law Students. 'The Law School He plans to work year finance related in life that has intimidated in the areas of and project is probably the thing my really privatization to Latin America, then return to Brazil to practice. me. While I will never feel that I 'conquered' Chicago (much the opposite, in fact), I wholeheartedly believe J.D./M.B.A., the education I received is unparalleled." Christopher May Associate, Fish & Neave

who was a Jonathan Mitchell, J.D., Clerk, Christopher May, at Duke the Honorable J. Michael chemistry major University,

use his science at Luttig, U.S. Court of Appeals will background York intellectual for the Fourth Circuit the New City firm of Fish & Neave. JonathaIl Mitchell is the oldest in property He believes that intellectual a family of seven boys. He came to to combine his the Law School directly from property law is an excellent way legal of the Black Law Wheaton College in Illinois, where and business school educations. As chair science. He Students Association, he a mentoring he majored in computer science and political helped implement of the for new students, was articles editor of the Law Review and president program African-Amencan using African-American alumni as mentors. found that Federalist Society and also found time to be a research May one of the in law was the assistant to Professor Richard Epstein. Following his biggest challenges studying difference in from science->-"in clerkship with Judge Luttig, he will clerk a year for Justice approach studying the is more on a Antonin Scalia. As to his experience at the Law studying science, emphasis reaching law the is on the School, "I loved it:' final answer, while in emphasis conclusions." process of reaching Elizabeth Pelletreau, J.D., Fabrikant Donovan, J.D., Foreign Service Officer, United Irene & Weiss States Department of State Associate, Schoph Irene Donovan has traveled a Elizabeth Pelletreau says that in long to her new at the small going to work for the State way position firm of Department, ''1'm going into the Chicago litigation Schoph & Weiss. Born in Belarus the family business:' Her parents both (in she and her worked in international affairs, and former U.S.s.R.), family officer. In addition moved to the United States when her father was a career Foreign Service of the Roundtable International iiI was she was six. She was senior articles editor to working on the Chicago Journal if Law, of second she the women's football team, for at the Law School. At the end her year, a proud member of Apathy, Emma She her a summer birth to her Sophie. spent all three of my years here:' She spent working gave daughter the Law third two The first was through an internship funded by Chicago year "essentially doing things. to out The second, Foundation, which led her to be active on the CLF trying figure parenthood. being of the ILs-of the awe with which board, serving as its president. jealous unmitigated they still regarded the place. That awe is well-deserved:'

SCHOOL. FALL 2001 [!Q] THE UNIVERSITY OF CHICAGO LAW o EAN FOR A 0AY Remarks to the Class of 2001 By Richard Epstein

before breakfast, distinguish the messier realm of human advocate must take strong

among the six different theories psychology. Attention first goes positions and march to the

of causation in order to show how to morale, tone, culture, and sound of his or her own drum.

they necessarily require different mood-all vital and all hard to But lawyers are also human

outcomes in one-tenth of one quantify. Management is not beings who work and live in

percent of all litigated cases? economics. Markets are more tight firms and communities in

rational than firms; and firms are which it is not possible to play These three recipes for academic more rational than the harried protagonist and lone wolf all success are, however, often individuals who work for them. day long. Your success inthe surefire prescriptions for Deans must show patience, not business of law, indeed in the administrative failure-for reasons exasperation, with the vagaries business of life, requires you to that are well worth a brief of human nature. develop the same set of soft academic exploration. What skills that have been thrust on me I welcome you on this matters is the change in role. Subtlety is also out. A dean Asoccasion, I cannot but help in my short term of academic A professor is by design insulated has to stick to a well-marked to reflect for a few minutes on administration. from the institutional pressures highway. Idiosyncratic insights what I have learned, in my brief that might induce him or her to on remote possibilities have to Now that I am about to return tenure as interim dean, about travel down the middle of the give way to clear mission to my familiar academic haunts, the transition from the world of road. But deans have to shy away statements. Repetition of a I hope to unlearn, but only in scholarship to that of academic from the edges of the road, and few strong themes matters more part, some of these lessons in administration. Crudely put, in march down a central path. than intellectual refinement. order to fulfill the traditional academics, three points matter: Unlike faculty members who do Low probability events are best scholarly role. But I do hope that boldness, rigor, and subtlety. best when they venture forth on ignored in general planning. People you will be able to carry these with in Boldness counts, because the their own, deans have to lead and can work together effectively lessons forward you your and greatest advances in thought they have to compromise. They only when they are on the many professional personal

can endeavors. The intellectual skills come from those who take the have to implement institutional same page, and they only have here will greatest risks of failure, by flying policies on which they hold get there if that page is not that you acquired in the face of the conventional deep personal reservations. They cluttered with detail. prove indispensable in your wisdom. If that wisdom rejoices have to hold together people of professional lives, whether you In short, reflecting on this law or in the welfare state, then why fundamentally different opinions. remain in the practice of reversal of roles has taught move it. But do not let not, next Tuesday, declare the They have to accept the social beyond me much in my decanal day, New Deal unconstitutional? limitations on their legal powers, these intellectual attainments lead and I think that it offers some and to understand that in reality you to overlook these simpler, Rigor counts, because academics signposts to your lives as lawyers. they work for everyone who but vital keys to the personal need to show their ability to You too will fill multiple roles nominally reports to them. In success that I am confident will manipulate models that emulate and you too will have to deal this environment: be yours in the years to come. the formal purity of mathematics with the questions of a split

and physics. So why not, after Boldness does not work. Words personality. The lawyer as

a stiff drink, assume that all have to be used with a certain

individuals are rational maximizers circumscription. A dean, at least

of their individual utility? this dean, has to learn to act against nature-to listen first, Subtlety counts, because and to speak later. academics must show a

mastery of the obscure points Analytical rigor must be taught

. within their fields. Why not, its place. The formal theories of

utility maximization give way to

Right: LL. M. graduates (left to right) April Li (UK), Seeung Han Lee (Korea), Guido Kordel (Germany), Jong- Yun Kim (Korea), Boris Kasten (Germany), and Gaku Ishiwata (Japan).

FALL 2001. THE UNIVERSITY OF CHICAGO LAW SCHOOL [!!] Student

CARPE DIEM! Remarks to the Class of 2001 By Doug/as G. Baird

these do not Some number of years ago, "carpe diem" is typically translated: But you also know one of our graduates wrote us "Seize the day!" It is understood get you far. Flamboyant oratory forward and are not to say he was looking as a strong imperative: Take fancy terminology

about. Poets use to his 20th reunion and, in his command of your destiny! Take what we are obscure. shoulders the initiative I Be decisive! Its words mysterious and words, "rub[bing]

the most with the rest of the class that is original meaning, however, was Our ambition is to take and make it now rich and famous." But he something quite different. complicated idea accessible. We persuade by also wrote about his own life as For the Latin Horace, poet in a rural speaking softly. Our words must a practicing lawyer "carpe diem" meant: Savor the be simple and direct-"original" town in Minnesota. day; Contemplate the moment. in the 18th century sense, " There are, to be sure, low "Carpe was the verb Romans something true to its origins, points-such as losing two cow used to pick a flower. It was not its roots. our Dean and Judge cases for the same client. But the verb they used to take

it is a privilege we see someone at WithMikva, great are ones who see most of all, something by force of arms. We the to the to welcome you officially substance. Our work in a community he knows "Carpe diem" first meant: Take through form to of those who distinguished company what is and loves. A person of intelligence pleasure in the present; Learn how arguments rely not on studied law at the a life have University. but what is essential. We and judgment who enjoys to enjoy the life you are living now. novel, find the simple arguments that in the law for its own sake; The past is prologue. So when be when moment To sure, your savors the moment have eluded others. someone who look around at your class­ you should take command comes, you in the practice of his craft. see future Senators mates, you And we ask the of your destiny. But make good simple of and members Congress; else is too I leave you then with a simple use of the time between the questions everyone and Solicitors General; the Attorneys embarrassed to ask. Someone thought. To be lawyers of great challenges. Look forward to judges and ambassadors; CEOs, of first rank, we must understand this time, the time you spend starts the meeting, "Now, investment bankers, and its senses. all of us know what a "carpe diem" in both mastering and practicing your craft. course, You see people our craft well entrepreneurs. flux capacitor is." We are the Only by practicing The craft is hard for who will make decisions of lawyer's we for our ones who raise our hands and can be ready great the outsider to understand. We tremendous moment. moments when come. say, "Actually, I don't. Would they do not have the carpenter's tool mind it please?" of at you explaining Indeed, all you will, For our lawyer in Minnesota, box, the physician's medical We find an alternative and more several points in your careers, the moment came a few years bag, or the magician's magic compelling way of looking at find yourselves in the midst of after he wrote this letter. He wand. We still begin with a the same facts. day, we events that will test Every great your won election to Congress, and pencil and a yellow legal pad. prove the maxim that no matter intelligence and your judgment. proceeded to use in Washington there are Little of the craft how thin the pancake, But consider too the time lawyer's the tools he had honed in his two sides. comes from rote learning. Latin always between these events. small town.

maxims are second nature to Learn to the pleasures of the Latin maxim, enjoy Recall hoary May you too flourish in all your you now. Expressio unius; de practicing our craft, the lawyer's "Carpe Diem!" In our time, endeavors, great and small. minimis non curat lex; res judicata. craft-the art of being able to Carpe diem! create the argument or fashion

the transaction well.

Left: Celebrating graduates Heath Dixon and Jeremy Bates toast

the past and future.

Opposite page: (left) Graduates (left to right foreground) Elizabeth Its Brown and Greg Brown applauding one of the tecultv

speakers. (right) Graduate Christopher Mav and guests celebrating

outside Rockefeller Chapel.

LAW SCHOOL. FALL 2001 THE UNIVERSITY OF CHICAGO THE LAW OF COURAGE Remarks to the Class of 2001 By Abner Mikv8, '51

the gallery when they were known left wing law schools as gallery at the State of the delivering their State of the the University of Chicago. Union, because their kind of

Union addresses to illustrate a George Anastaplo took his courage is never popular with

point or identify with examples stance because he believed it peers. But, as lawyers, you

of worthy citizenship. Usually, was the right thing to do, that have the special capacity and

they pointed to courageous he had to resist what he per­ opportunity-and responsibility Your policemen or firemen who had ceived as an interference with -to exercise that quality.

rescued a child, or servicemen the freedom of beliefs and challenge will come. Whether it

who had performed above the association. And he took that is career choice, or client choice,

call of duty. I want to talk about position at the expense of not or strategy choice, you will be the choice. a different kind of courage, an ever being admitted to the bar. asked to make hard

intellectual courage, where the He took it against the advice of It is one of the unique ways

nor his his his that can back to years ago, almost to the action is neither physical teachers, dean, lawyers give

with me classmates, and he a their society a quid pro quo for Fiftyday, I sat where you are sitting popular. So, pretend paid high here in for it. what have been But to receive my law degree from that there is a gallery price they given. should know that when the University of Chicago Law Rockefeller, and let me tell you you There sits a teenager from a kind School. Rockefeller Chapel about who I see sitting there as lawyers do exercise that small town in Illinois. Last month, of it is never looked as good as it did examples of the kind of courage, especially she graduated as the valedictorian condemned because the to me that day, or to you this courage that I mean. of her public high school class. is that the day. Our commencement presumption lawyer There sits George Anastaplo, She thought it was wrong to have is in some form or other. speaker-it pains me to say hustling who graduated first in my class prayers said at her graduation that I can't remember his name. of 1951. He was the iconoclast ceremony and successfully No, you are not likely to get Nor can I remember a word that You are of our class, from not showing brought a lawsuit to prevent the kudos for your courage. he said. It's with those dismal fees. The up for graduation to dressing prayers from being voiced. She not likely to get big only expectations that I speak. reason for such decisions super casual when that was not gave up her right to deliver the making

think are This blessed place has equipped the style. But the example of valedictory speech to her class, is because you they

that I want to cite is and she was the of and you think that they you with a superb legal education. courage recipient important much criticism from are If do, will be You are capable of competing his refusal to tell the Character classmates, right. you you committee of the and a of the with anyone anywhere and and Fitness teachers, friends, including worthy great expectations

boos when her that are held for doing wondrous things in or out Illinois Bar whether or not he goodly number of you. of the .profession. The one was a Communist, a label name was read off at graduation. You can read the full text of the ingredient that-you have to which fit him about the way it She displayed great courage to hooding ceremony speeches, as But it that she provide on your own is courage would fit Dean Epstein. implement principles well as the text of Martha believes are for our -the courage to do the hard was at the height of the McCarthy important Nussbaum's graduation and complicated things that will era, and the bar leaders were society to maintain. address, at www.law.uchicago. satisfy you-the courage to make most suspicious of the beliefs It is unlikely that they would edu/news/hooding. html. the most use of those talents of graduates from such well- have been invited to sit in the that you have-the

courage that will

refresh and restore

the nobility of the

profession that you

are about to enter.

President Reagan and

President Clinton loved

to point to people in

FALL 2001 • THE UNIVERSITY OF CHICAGO LAW SCHOOL [!!] Facult

Consider Bush v. Gore Upon Further Reflection ... Faculty Books the constitutional to have saved from politics; instead, swirled then, observing that "the Court appears During the weeks of legal controversy that structure augmented by statutory procedures created the most expansive voting right in many around the end of last year's presidential election, allows us to be saved by politics." he contemplates the potential applications scholars from the Law School appeared almost decades," standard to elective commentators of the protection practices States daily as equal Richard Posner is a judge on the United -and "It would be a nice irony," he on television and radio beyond. Court of Appeals for the Seventh Circuit and a "if the Court's weak and unprecedented and in the national press. concludes, Senior Lecturer at the Law School. His contribution democratic Elizabeth condemned on assessment Richard Epstein, opinion, properly to The Vote is a detailed and enlightening

led to significant social improvements to Gore's Garrett, Dennis grounds, of what a recount might have meant from the democratic point of view." Hutchinson, Abner Mikva, victory chances (not enough for Gore to clearly

Martha Nussbaum, and a review of events in weakness of the prevail, he concludes), Epstein says that despite the David "the Florida Barack Obama, acted Florida that leads him to assert, equal protection argument, the high court and Cass in Strauss, of the Supreme Court erred grievously interpreting rightly to correct "the sorry performance Sunstein were among the Florida election law." Florida Supreme Court." He defends the concurring those who provided of Chief Justice Rehnquist (joined by the opinion In Breaking the Deadlock: The 2000 Election, expert insight on Justices Thomas and Scalia), which relied on Constitution, and the Courts, from Princeton shows that included within Article II of the Constitution language University Press, Posner expands on those topics tlin NBC Nigh e, Nightly as the ("each state shall appoint, in such manner be and investigates others in a way that may best Hardball with Chris Matthews, The O'Reilly News, thereof may direct"), as a far superior and legislature called Posnerian. He is relevantly informative Factor; and NewsHour with Jim Lehrer. foundation for the decision. the thought-provoking on topics that range from

observer was to have and attributes of voting to Back then, the average likely can offer a origins, purposes, popular Epstein acknowledges that "no one in a time keeping the emerging legal the in favor of pragmatic Jurisprudence had rough just mathematical demonstration of whether the arguments issues Now, two books featuring Law and its application to this case in particular. straight. mistakes of the Florida Supreme Court were large general reflection School faculty provide the kind of astute from the He brings sharp insight and sweeping analysis enough to constitute a gross deviation r then that the Court that is needed to understand what happened were." in support of his conclusion Florida statutory scheme, as I believe they together come next. would have and to what may and acted properly (though he, too, preferred begin forecasting David Strauss looks at the record differently, one): about an Article II rationale to the equal protection concludes that they were not: "If I am right Richard Epstein and Cass Sunstein edited and well have been that "The decision averted what might what the Court did, then the best contributed to The Vote: Bush, Gore, and the Supreme and the (though the Pollyannas deny this) a political of can be said is that the Court trumped supposed Supreme Court, published this fall by University constitutional crisis." lawlessness of the Florida Supreme Court with Chicago Press. Among the other contributors are lawlessness of its own." Strauss reflects on the faculty members Elizabeth Garrett, Richard Posner, in which the Court's decision seemed more and David Strauss. There is general agreement ways instinctive-and arguably contributors to The Vote that based on the justices' among the Law School events than on in erroneous-interpretations of the Supreme Court's equal protection reasoning in neutral application of Constitutional principle. Bush \I. Gore was embraced "with no support

with little consideration of implications, to precedent, Elizabeth Garrett, one of the few legal scholars as Sunstein and as a kind of bolt from the blue," specialize in the legislative process, is persuaded calls the protection argument it. equal ... the puts (Epstein that the Supreme Court "should have left which deserves much "a confused nonstarter at best, was the matter to the political sphere," because "it Each of the scorn that has been heaped upon it.") responsibility of Congress to resolve any disputes of the contributions, though, brings a distinctive that might have arisen from the election in Florida." to bear on the logic and implications perspective She reviews the "disappointing" history of Supreme

of the Court's decisions. considers Court cases involving election law,

commentators minimalist" reasons why so many prefer Sunstein places Bush \I. Gore within the"

serene court decisions to messy political stream that he has observed in the Rehnquist apparently need to be and solutions, and concludes, "we do not Court (he calls this decision "subrninirnalist").

FALL 2001 CHICAGO LAW SCHOOL. [!!] THE UNIVERSITY OF FACULTY SCHOLARSHIP 2000-2001

Albert W. Alschuler Mary Anne Case "A Midsummer Night's

Professor Professor of Law Dream-The Legal Issues," Wilson-Dickinson THE UNIVERSITY OF CHICAGO of Law 3 The Green Bag 2d 381 "Changing Room? A Quick (2000). Law Without Values: The Tour of Men's and Women's

Life, Work, and Legacv of Rooms in U.S. Law Over the Review of Gerber, Seriatim: Justice Holmes (University Last Decade, from the U.S. The Supreme Court before of Chicago Press 2000). Constitution to Local Ordi- John Marshall, 105 American THE LAW SCHOOL nances." 13 Public Culture Review 1301 Historv THE DIVISION OF BIOLOGICAL SCIENCES 333 (Spring 2001). (October 2000). THE MACLEAN CENTER FOR CLINICAL Douglas Baird MEDICAL ETHICS

AND Harrv A. Bigelow Distin­ "Lessons for the Future of "Choosing the Pilot: THE HARRIS GRADUATE SCHOOL OF PUBLIC guished Service Professor Affirmative Action from the Proposed Amendments to POLICY STUDIES Past of the Religion Clauses," Selection Elements of Bankruptcv the Presidential ANNOUNCE 2000 Court Review 4 The (Foundation Press 3d Supreme Process, 1809-29," 325. 2d 141 THE REGULATION OF MEDICAL edition 2001). Green Bag (2001). INNOVATION AND Cases, Problems, and Materi­ MARKETS David Currie Kenneth W. Dam PHARMACEUTICAL als on Bankruptcv (Foundation Edward H. Levi Distinguished Professor of CO-DIRECTED BY Press 3d edition 2000) (with Max Pam RICHARD EpSTEIN, TOMAS PHILIPSON, AND MARK. SEIGLER Service Professor Law Adler and Jackson). American and Foreign FRIDAY, APRIL 20TH "Kulturverfassung und Leis- Jun- "Self-Help in the Digital AND APRIL 2IST, 2001 "Commercial Norms and the SATURDAY, tungspflichten: Ein amerikanis- qle," in Expanding the Bound- Fine Art of the Small Con," ches Beispiel," in In einem aries of Intellectual Property: 98 Michigan Law Review Pharmaceutical Conference: The Regulation of Medical Innovation vereinten Europa dem Frieden Innovation Policy for the 2716 (2000). and Pharmaceutical Markets conference held in April re-evaluated der Welt zu dienen . Knowledge Societv. Rochelle many of the old regulations and the merits of new proposals, as (Festschrift fur Thomas Dreyfus, Diane L. Zimmerman well as their impact on the health care industry in general and Claus Dieter Lisa Bernstein Oppermann) & Harry First, eds. pharmaceuticals in particular. Professor of Law Classen et al. eds. (Duncker (Oxford 2001) (reprint).

& Humblot 2001). '"!n Such Manner as the "The Secrecy Interest in Richard Epstein Thereof Contract Law," 1 09 Yale Law James Parker Hall Legislature May The Constitution in Frank Easterbrook Direct': The Outcome in Journal 1885 (2000) (with Distinguished Service Congress: The Jeffersonians, Senior Lecturer Professor of Law Bush v. Gore Defended," 68 Omri Ben-Shahar). 1801-1829 (University of "Who Decides the Extent of University of Chicago Law Chicago Press 2001). "Phew! "The Wall Street in Intellectual Rights Property>," Review 613 (2001), reprint Buss Journal A 10 (June 29, 2001). Emily in the Boundaries Cases and Materials on Expanding ed in The Vote: Bush, Gore Professor of Law of Intellectual Conflict of Laws (West 2001) Property: "Through the Smog: What and the Supreme Court, at "The Parental of Innovation for the Rights (with H.H. Kay and Larry Policv the Court Actually Ruled," http://www.thevotebook.com/ Minors," 48 Buffalo Law Rochelle A22 Kramer). Knowledge Society, The Wall Street Journal (2001). Review 785 (2000). Dreyfus, Diane L. Zimmerman (March 1,2001). "The Twelfth Amendment," "Afterword: Whither Electoral & Harry First, eds. (Oxford "The Adolescent's Stake in Gore and the in Unintended Consequences The Vote: Bush, Reforms in the Wake of Bush v. 2001). the Allocation of Educational of Constitutional Amendment Supreme Court, published Gore," in The Vote: Bush, Gore Control Between Parent and "Information and Antitrust," 73, David E. Kyvig, ed. on-line at http://www.the and the Supreme Court at State," 67 Universitv oi of of (University of Georgia Press 2000 University Chicago votebook.com/ (University http://www.thevotebook.com/

Law Review 1 . Chicago 2000). Legal Forum Chicago Press 2001) (editor (2001). 1233 (2000). with Cass R. Sunstein).

FALL 2001 • THE UNIVERSITY OF CHICAGO LAW SCHOOL [!!J "The Congressional Budget

Process: Strengthening the

" Party-in-Government,

100 Columbia Law Review

702 (2000).

"Interest Groups and Public

Interested Legislation," 28

Florida State University Law

Review 137 (2000).

Jack Goldsmith

Professor of Law

"The Internet and the Dormant

Commerce Clause," 110 Yale

Law Students Association. Law Students Association. the Black Law Journal 785 (2001) (with Affirmative Action sponsored by the Latino Affirmative Action: A panel on 2001. her Professor Anne Case. right. on February 16. Joining Association was moderated by Mary Alan O. Sykes). and the Asian American Law Students the Law School in the fall of who will be a visiting professor at Law center. and Adrienne Davis. left. were Sumi Cho from De Paul School. nominee Linda Chavez. and Bush-administration cabinet Human Rights, and Professor Richard Epstein and columnist "Treaties, 2002. The panel was completed by Conditional Consent," 149

Intermediaries and "Issues in Implementing Law Review 399 in an Age "Political Pennsvlvania "Standing and Spending-The "Property Rights '" in Israel: A Internet 'Revolution, 34 Referendums (2000) (with Curtis Bradley). Transition: The Struggle the Role of Legal and Equitable of in Direct Los Law Comparative Study Between Continuity and t.ovole Angeles Principles," 4 Chapman Law "Should International Human Democracy," 2 Chicago in The Visible Hand: Review 1055 (2001). Review 1 (2001). Change," Rights Law Trump U.S. Journal of International Law The Challenges to Private Cases and Materials on Domestic Law?" 1 Chicago "The Economics of Tort Law: 159 (2001). Enterprise in the 21st Century Law Legislation: Statutes and the Journal of International A Hurried and Partial F.W Rushing ed. (2000). in the Initiative and 43, Creation of Public Policv (3d "Money 327 (2000). Overview," 1 0 Kansas Journal William N. Referendum Process: "The of Election ed. 2001) (with of Law & Public Policv 59 Legacy "The Internet, Conflicts of P Evidence of its Effects and Reason 47 Eskridge, Jr. and Philip (2000). 2000," Regulation, and International Prospects for Reform," in The 2001). Frickey). (March Harmonization," in Governance "Vicarious Liability of Health Battle Ovef Citizen Lawmak­ in the of Differing Local "Florida's Lawless Court. Light Plans for Medical Injuries," ing 73, Waters ed. (2001) (with and Keller, eds. Wall Street Journal A40 Values, Engel 34 Valparaiso Law Review The Elisabeth R. Gerber). 2000). (2000). 581 (2000). (December 11,

Fair The "The Uneasy Marriage of "The Only Way," National Review 37 Utilitarian and Libertarian

(December 18, 2000) Thought," 19 Quinnipiac Law

Review 783 (2000). "End It Now," The Wall

Street Journal A26 "Deconstructing Privacy: And (November 26, 2000). Putting it Back Together Again,"

17 (No.1) Social Philosopnv "Competing to Make Medicare and PolicV 1 (2000). Worse," The New York Times

A31 7, 2000). "The Necessity for (September

Constrained Deliberation,"

24 Harvard Journal of Law & Elizabeth Garrett Public PolicV 159 (2000). Professor of Law

"Impractical Equality," Review "I nstitutional Design of a

of Ronald Dworkin, Sovereign Thayerian Congress," 50 Duke

Virtue: The Theory and Practice Law Journal 1277 (2001) the Club of Federal Tax Conference was held at University Conference: The Fifty-Third Annual of Equalitv, 32 Reason 60 (with Adrian Vermeule). Tax Cover the New Economy." theme "The Tax Law Stretches to Chicago last November. with the (October 2000).

• FALL 2001 CHICAGO LAW SCHOOL 13!1 THE UNIVERSITY OF Philip Hamburger "Scandinavian Law and John P Wlson English Law: An Historical

Professor of Law Sketch and a Present Opportunity," in Family "Liberality," 78 Texas Law Marriage and Property Review 1215 (2000). Devolution in the Middle

Ages, Lars Ivar Hansen, Jill Hasday ed. (University of Trernso

Assistant Professor of Law Press 2000)

"Contest and Consent: Review of Peter Stein, Roman A Legal History of Marital Law in European History, 51 Rape," 88 California Law Journal of Ecclesiastical Review 1373 (2000). History367 (2000).

Review of Frank Roumy, Richard Helmholz L'Adoption dans Ie droit Ruth Wyatt Rosenson savant du Xlle au XVI siecie, Distinguished Service 117 Zeitschrift der Professor and Arnold and Sa vign y-Stiftung fUr Frieda Shure Scholar Rechtsgeschichte: Kan. Abt.

The ius commune in Eng­ 575 (2000). land' Four Studies (Oxford Review of Patrick Wormald, University Press 2001). with Glenn of economics The Making of English Law: Faith Based Initiatives Conference: Professor Tracey Meares talks Loury, professor at Boston University, who delivered the keynote address of the Faith-Based Initiatives and Urban Public Policy "Richard Hooker and the King Alfred to the Twelfth in conference on March 29. Conference participants discussed the kinds of initiatives churches are engaged European ius commune," Century, 32 Albion 274 (2000). and the historical context of their development, and debated the initiatives' implications for the law. 6 Ecclesiastical Law

Journal 4 (2001). in Mark Heyrman Supreme Court Review 2000 "The Social Market for the Great "Ca rrots a nd Torts," Lectures in Law and "Law, Canon," in Tudor Clinical Professor of Law (ed with David A. Strauss and Masters and Other Collectibles" Chicago England: An Encyclopedia, Geoffrey R. Stone). in Social Economics: Market Economics, Eric Posner ed. "Mental Health Court: Arthur F. Kinney and David Behavior in a Soasl (2000). Promises and Limitations," Swain, eds. (Garland Environment (Harvard University 28 Journal of the American Joseph Isenbergh "Speculative Law: Beyond Publishing 2001). Press 2000) (with Gary S. Becker Academy of Psychiatry & Harold J. and Marion F Cigarettes and Swiss Banks," and Kevin M. Murphy). "The litis contestatio: Its Law476 (2000). Green Professor of Law 2000 Daniel J. Meador

Survival in the Medieval ius Lecture, 52 Alabama Law "Mental Illness in Prisons and Foundations of US. commune and Beyond," in Saul Levmore Review 639 (2000). Jails," 7 University of Chicago International Taxation, Tax Lex et Romanitas: Essays Dean and William B. Graham Roundtable 113 (2000). Management Portfolio 900 for Alan Watson, Michael Professor of Law (Bureau of National Affairs Douglas Gary Hoeflich, ed. (University of 2001). "Conjunction and Aggregation," Lichtman Dennis Hutchinson California Press 2000). Law Review 99 Michigan Assistant Professor of Law William Rainey Harper 723 (2001). "Brian Simpson in the United Telecommunications Law and Professor in the College, William Landes in Human States," Rights "Norms as (Carolina Academic Master of the New Clifton R. Musser Professor of Supplements," Policy and in Legal History: Essays 86 Law Review Press 2001) (with Benjamin & Collegiate Division, Associate Law and Economics Virginia Honour of Brian Simpson, 1989 (2000). Shelanski). Dean of the College, and "Harmless Error," 30 Journal Katherine O'Donovan and G. Senior Lecturer in Law 161 of Legal Studies "Voting with Intensity," "Strategic Disclosure in the R. Rubin, eds. (Oxford Richard "A Century of Social Reform: (January 2001) (with 53 Stanford Law Review Patent System," 53 University Press 2000). The Judicjal Role," 4 The A. Posner). 111 (2000) Vanderbilt Law Review 2175 "Independence and University Green Bag 2d 151 (Winter (2000) (with Baker & Kraus). "Copyright Borrowed Images "The Public Choice Threat," in England's Manorial Courts," 2001) Art: An and Appropriation 67 University of Chicago in Seigneurial Jurisdiction, 9 Economic Approach," George Law Review 941 (2000). Lloyd Bonfield, ed. (Dunker & Mason Law Review 1 (2000). Humblot Press 2000).

FALL 2001 • THE UNIVERSITY OF CHICAGO LAW SCHOOL I!Zl Lyonette Louis­ Andrei Marmor Jacques Visiting Professor of Law International Law Foreign and Positive Law and Objective Lecturer in Law Librarian and Values (Oxford 2001).

Review of The Pinochet Case: A

Legal and Constitutional Tracey Meares Analvsis, Diana Woodhouse, Professor of Law and Director ed. (Hart Publishing 2000), in 29 for the Center for Studies in International Journal of Legal Criminal Justice Information 161 (2001). "Transparent Adjudication and International Calendar" "The Social Science Research in International column, 29 Constitutional Criminal Information Journal of Legal Procedure," 90 Journal of

171 (2001). Criminal Law and Criminologv

733 (2000) (with Bernard "Finding Foreign Law Online Harcourt). When Going Global," De

Juridische Bibliothecaris "Norms, and Law and All Souls Legitimacy Dewey Lecture: Sir Bernard Williams of the University of California, Berkeley College, [Dutch Law Journal] Construction a Political Library Enforcement," 79 Oregon Oxford, delivers the 2001 Dewey Lecture, "From Freedom to Liberty: the of Courtroom. (Spring 2001). Law Review 391 (2000). Value" on April 26 in the Weymouth Kirkland

Catharine MacKinnon - Some Bernard Meltzer Familvand Work Conflict and "Musonius Rufus Enemy of "The Costs of Tragedy: Professor of Law Cost-Benefit Visiting Edward H. Levi Distinguished What to Do About It, in The Double Standards for Men Moral Limits of Journal of Sex Equelltv (Foundation Service Professor Emeritus New York Review of Books and Women?" in Double Analysis," 29 Legal

2001). of Law 34 (January 11, 2001). Standards in the Ancient and Studies 1005 (2000), in Cost-Benefit Medieval World 221 , Karla reprinted "Edward H. Levi: In Memoriam," "Disputing Male Sovereignty: Review of Edward Said, Pollman, ed. (Duehrkohp & Analvsis: Legal, Economic 67 University of Chicago Law On United States II. Morrison," Reflections on Exile, New Radicke 2000). and Philosophical Perspec­ Review971 (2000). 114 Harvard Law Review York Times Book Review 28 tives 169, Matthew D. Adler 135 (2000). (February 18, 2001). "Four Paradigms of and Eric A. Posner, eds. Philosophical Politics," 83 Martha Nussbaum Press "Privacy and Equality: Notes "Animal Rights: The Need for (University of Chicago The Monist 465 (2000). Ernst Freund Distinguished on Their Tension," XXI La a Theoretical Basis," Review 2000). Service Professor of Law and Revue Tocqueville (2000). of Steven Wise, Rattling the "Aristotle, Politics, and Human "Emotions and Social Ethics; Appointed in Law Cage: Toward Legal Rights for Capabilities: A Response to Harms Under the Norms," in Culture, Thought, "Collective School, PhilosophV Department, Animals, 114 Harvard Law Antony, Arneson, Charlesworth, A and Development 41, Larry Alien Tort Statute: Cautionary and School; Associate Divinitv Review 1506 (2001). and Mulgan," 111 Ethics 1 02 B. on Class 6 P Nucci, Geoffrey Saxe, Note Actions," in Affiliate of the Classics; (2000). Journal of International "India: Sex and Elliot Turiel, eds. ILSA Committee on Southern Implementing Law 567 2 "Essence of Culture and a (Lawrence Erlbaum 2000) & Comparative (2000). Asian Studies; Board Equality Through Law," Journal of International Sense of History" (response Member; Center for Gender Chicago and "Points Against Postmod­ "Women's Capabilities Law35 (2001). to Jane Flax), in Controversies " Studies Social 1 Journal of ern ism, 75 Chicago-Kent Justice," in Feminism 59, J. Sterba, 217 Law Review 687 (Symposium "Disabled Lives: Who Cares?," "Comment," in Goodness and Human Development ed. (Rowman and Littlefield on Unfinished Feminist Review of: Eva Feder Kittay, Advice (Tanner Lectures of (2000). 2000). Business) (2000) (also in Love's Labor: Essevs on Judith Jarvis Thomson) 97, Amy "The Future of Feminist Chinese). Women, Equality, and Gutmann, ed. (Princeton "Globalization Debate Liberalism," Presidential Address Dependency, Michael Berube, University Press 2001). Ignores the Education of delivered to the Central Division Life As We Know It: A Father, Women," Chronicle of. The Fragility of Goodness (1986) of the American Philosophical a Family, and an Exceptional Higher Education B 16 74 and (updated edition with a Association, Proceedings Child; and Joan Williams, (September 8,2000). the American substantial new Introduction) Addresses of Unbending Gender: Why 47 (2001). Philosophical Association (2000). Spanish translation published in Arete (Lima, Peru).

• [!!I THE UNIVERSITY OF CHICAGO LAW SCHOOL FALL 2001 "Women and Cultural Randal Picker Cost-Benefit Analysis: Legal, "The Design and Interpretation Richard Posner Universals," in Pluralism: Paul H. Leffmann Professor Philosophical, and Economic of Contracts: Why Complexity Senior Lecturer The Philosophy and Politics of Commercial Law; Director, Perspectives (editor, with Matters," 95 Northwestern Frontiers of Legal Theory of Diversity 197, Maria John M. Olin Program in Law Matthew Adler) (University of University Law Review 91 (Harvard University Press Baghramian and Attracta and Economics; Senior Fel/ow, Chicago Press 2001). (2000) (with Karen Eggleston 2001). Ingram, eds. (Routledge The Computation Institute of Supported by the Sarah Scaife and Richard Zeckhauser). 2000) (revised version of the University of Chicago and Foundation Fund and the Supported by the Sarah Scaife The Economic Structure of Chapter 1 of Sex and Argonne National Laboratory Lynde and Harry Bradley Foundation Fund and the Lynde the Law: The Collected Social Justice). Foundation Fund. and Economic Essays of "Fat Pipes and Faulty Harry Bradley Foundation Fund. Richard A. Posner (3 vols.) Financial Times "l.o Spettatore Emozionato: Regulation," "Implementing Cost-Benefit (Edward Elgar Publishing I (December 19, 2000). ntervista a Martha Nussbaum," Analysis When Preferences "Law and Social Norms: The Ltd. 2001) (edited by in II Valore Cognitivo dell'Arte, "The Law and Economics of Are Distorted," 29 Journal of Case of Tax Compliance," 86 Francesco Parisi). Brunella Antomarini, ed., Contract Damages," in Legal Studies 1105 (2000) Virginia Law Review 1781 special issue of II Cannocchiale: Chicago Lectures in Law and (with Matthew Adler). (2000). Supported by the Antitrust Law (second Rivista di studi filosofici 2000 Economics, Eric A. Posner, Supported by the Sarah Scaife Sarah Scaife Foundation Fund edition of Antitrust Law: An

no. 2, 153-5, trans. B. ed. (2000). Foundation Fund and the and the Lynde and Harry Economic Perspective) Antomarini. Lynde and Harry Bradley Bradley Foundation Fund. (University of Chicago Foundation Fund. Press 2001). Review of Allen Buchanan, Dan Eric Posner "Law and Regret" Review of W. Brock, Norman Daniels, and Professor of Law "Introduction to the E. Allan Farnsworth, Changing Breaking the Deadlock.' Daniel Wikler, From Chance to Conference on Cost-Benefit Your Mind, 98 The 2000 Election, the "Cost-Benefit Analysis as a Michigan Choice: Genetics and Justice, Analysis," 29 Journal of Legal Law Review 1468 (2000). Constitution, and the Solution to a Principal-Agent in The New Republic 38 Studies 837 (2000) (with the Sarah Courts (Princeton University Problem," 53 Administrative Supported by (December 4, 2000). Matthew Adler) Scaife Foundation Fund Press 2001). Law Review 289 (2001). Supported and by the Sarah Scaife Foundation the Lynde and Harry Bradley Supported by the Sarah "Forum: The Triumph of Fund and the Lynde and Harry Foundation Fund. Scaife Foundation Fund and Expedience: How America Bradley Foundation Fund. the Lynde and Harry Bradley Review of Peter Newman, Lost the Election to the Foundation Fund. ed., The New Palgrave Courts" (Discussion with Dictionary of Economics and Pamela Karlan), Harper's the Law, 110 Economics Magazine 31 (May 2001).

Journal 824 (2000). "Foreword," in Policy and Supported by the Sarah Pragmatism in the Conflict Scaife Foundation Fund and of Laws, Michael J. Whincop the Lynde and Harry Bradley and Mary Keyes, xiv (2001) Foundation Fund.

" Bush v. Gore: Prolegomenon to "Law and Economics for the an Assessment," in The Vote: Masses," Review of David Bush, Gore & the Supreme Friedman, Law's Order, Jurist Court, Cass R. Sunstein and (2000). Supported by the Richard A. Epstein eds. (2001), Sarah Scaife Foundation Fund published on-line at and the Lynde and Harry http://www.thevotebook.com/. Bradley Foundation Fund. "Dialogue: Animal Rights," Slate, http://slate.msn.com/dialogues jQl-D6-11 /dialogues.asp?iMsg=2D (June 12-15, 2001) (with Peter Singer).

"Antitrust and the New Health Care Conference: Frank A. Sloan, a professor of economics and health policy and law at Duke Economy," 68 Antitrust Law University, speaks at the Regulation of Managed Care Organizations and the Doctor-Patient Relationship Journal 925 (2001). conference in December.The first in a series of health-care conferences, it brought together a diverse group of scholars, analysts, researchers, and administrators to discuss the implications of the rise of managed care organizations.

FALL 2001 • THE UNIVERSITY OF CHICAGO LAW SCHOOL � Court Review 2000 "Florida 2000: A Legal and Atti del Convegno di Societe Supreme Press Statistical Analysis of the Milano 15-16-17 Ottobre (University of Chicago THE UNIVERSITY OF CHICAGO with Election Deadlock and the 1999, p. 152 (October 2000) 2001) (edited Geoffrey Stone and Dennis Hutchinson). Ensuing Litigation," 2000

Supreme Court Review 1 . Julie Roin "The Irrelevance of Constitu­

114 "Antitrust and the New Professor of Law tional Amendments,"

Law Harvard Law Review 1457 Economy," 68 Antitrust "Competition and Evasion: 925 (2001). Journal (2001). Another Perspective on THE LAw SCHOOL Tax International Competition," v. Gore: What Were "Animal Rights," Review of "Bush 89 Georgetown Law Journal 68 Steven M. Wise, Rattling the They Thinking?," Universitv RATIONAL CHOICE 543 (2001) Law Review 737 Cage: Toward Legal Rights of Chicago and in The Vote: AND for Animals, 110 Yale Law (2001) Bush, Gore, and the Supreme Court, Journal 527 (2000). Geoffrey Stone INTERNATIONAL LAw Cass R. Sunstein and Richard Provost and Harrv Kalven, "On the Alleged 'Sophistication' A. Epstein, eds., published Jt., Distinguished Service FRIDAY, APRIL 27TH of Academic Moralism," 94 on-line at http://www.thevote SATURDAY, APRIL 28TH Professor of Law Northwestern Universitv 2001 book.com (University of Law Review 1017 (2000). Etemeliv Vigilant: Free Chicago Press 2001). Speech in the Modern Era economica e "Eguaglianza in the (University of Chicago Press "Freedom of Speech and the Rational Choice & International Law Conference: Held April, Biblioteca della liberta politica." Rational Choice and International Law conference brought together 2001) (with Lee Bollinger). Common Law Constitution, rational-choice-minded scholars from law and political libens, No. 153, p. 3 (2000). " prominent Eternallv Vigilant: Free Constitutional Law (Aspen science to increase our understanding of international law. in the Modem "Let Them Talk," Review of Speech Era, Publishers 4th ed. 2001) Lee Bollinger and Geoffrey " Peter Brooks, Troubling The Vote: Bush, Gore and "Slaughterhouse Jive, (with Louis Seidman, Cass Guilt in Stone, eds. (University of Confessions. Speaking the Court, Review of Gary Francione, An Sunstein, and Mark Tushnet). Supreme and New Chicago Press 2001). Law Literature, published on-line at Introduction to Animal Review 2000 Republic 42 (August 21, 2000). Supreme Court New 40 "Miranda, the Constitution, http://www.thevotebook.co Rights, Republic (University of Chicago Press 99 m/ (University of Chicago (January 29, 2001). "What Has Modern Literary and Congress," Michigan 2001) (edited with Dennis Law Review 958 (2001). Press 2001) (editor with Theory to Offer Law?" Review "Solidarity Goods," 9 Journal Hutchinson and David Strauss). Richard Epstein). of Guyora Binder and Robert of Political PhilosophV 129 (2001 ) 2001 litetetv Criticisms Constitutional Law, Edna Weisberg, Cass Sunstein "Order Without Law," 68 (with Ullmann-Margalit). of Law, 53 Stanford Law Supplement (Aspen Karl N. Llewettvr. Utiiversitv of Chicago Law "Freedom of Expression in the Review 195 (2000). Publishers 2001) (with Louis Service Review 757 (2001). Distinguished United States: The Future," in Seidman, Cass Sunstein, Professor of Jurisprudence "The Law of the Beholder," "Cost-Benefit and Thomas R. Hensley, ed., The and Mark Tushnet). Analysis G. Review of Anthony Republic. com (Princeton Relative Position," 68 Boundaries of Freedom of and Jerome The First Amendment, 2001 Amsterdam University Press 2001). Universitv of Chicago Law Expression and Order in Amer­ the Bruner, Minding Law, Supplement (Aspen Review 323 (2001) (with ican Democracv319 (2001). Constitutional Law (4th ed. 49 Publishers 2001) (with Louis New Republic (October Robert H. Frank). 2001) (with Geoffrey Stone, "Free Speech in Cyberspace," 16,2000). Seidman, Cass Sunstein, and Louis Seidman, and Mark "One Fine Bush, The Star-Ledger (Newark, Mark Tushnet). Mess-Why of Judicial "The Ethics Tushnet). Gore, and Florida Law Aren't N.J.) 39 (February 16, 2001). A to Lubet." Commentary: Reply to Blame," The New Republic One Case At A Time: Judicial "Is Cost-Benefit Analysis for Review 6 2000). David Strauss Court (Summer 40 (January 29, 2001). Minimalism On the Supreme Everyone?" 53 Administrative Harrv N. Wvatt Professor in Derecho "Pr610go," V Court paperback ed. (Harvard "What we'll remember in Law Review 299 (2001). of Law Economfa: Una Revision de la University Press 2001). 2050: 9 views on Bush v. "Constitutions, Written and "Cognition and Cost-Benefit Andres Roemer ed. Literatura 9, Gore," The Chronicle of Unwritten," 21 Law and Designing Democtecv: What Analysis," in Mathew Adler (2000). Higher Education B 15 Philceoottv 451 (2000). Constitutions Do (Oxford and Eric Posner, eds., Cost­ (January 5, 2001). "Liberalismo e mercato." in La University Press 2001). Benefit Aneivsis (2001), also

Liberte dei Moderni tra in 29 Journal of Legal

Liberalismo e Democrazia: Studies 1059 (2000).

SCHOOL. FALL 2001 THE UNIVERSITY OF CHICAGO LAW "Standing for Animals," 47 "The Dormant Commerce Judges, European Competition cannot be transferred to a showing on fathom.com, a

UCLA Law Review 1333 (2000). Clause and the Internet," Law Annual: 2000, The more secure setting without consortium of select

110 Yale Law Journal 785 Modernization of EC an administrative hearing. This universities and museums "The Future of Free Speech," 2 (2001) (with Jack Goldsmith). Antitrust Policy (2001). decision breaks new ground in (January 2001). The Little Magazine 9 (2000). that it applies procedural pro- "The Remedy for Breach "The Evolution of Antitrust Accepted an Award to the "Deliberating About Dollars: tections available to "civil" of Obligations Under the WTO Law in the United States," ch. Mandel Clinic for Excellence The Severity Shift," 1 00 patients to persons acquitted Dispute Settlement Under- 1 in Trade Practices Act: A in Pro Bono and Public Columbia Law Review 1139 by reason of insanity and requires standing: Damages or Specific Twenty-Five Year Stocktake, Interest from the United (2000) (with David Schkade hearings prior to transfers Performance?" in New Frances Hanks and Philip States District Court for the and Daniel Kahneman). within a hospital to a more Directions in International Williams, eds. (Federation Northern District of Illinois restrictive unit, not just "On Philosophy and Economic Law351, Marco Press: Australia 2001). and the Chicago Chapter of transfers between hospitals. Economics," 19 Quinnipiac Bronckers & Reinhard Quick, Federal Bar Association "Intellectual Property in the The decision renders illegal a Law Review 333 (2000). eds. (Kluwer Law International (March 2001). Courts: The Role of the long-standing policy that 2000). Review of Stephen Wise, Judge," ch. 19 in Expanding allowed hospitals to deprive Appointed by the Illinois

Rattling the Cage, The New "An Introduction to Regression the Boundaries of Intellectual patients of their liberty often Supreme Court to Chair a York Times (February 28,2000). Analysis," in Chicago Lectures Property: Innovation Policy for for reasons of administrative Capital Litigation Trial Bar in Law & Economics, Eric the Knowledge Society, R. convenience, rather than Screening Committee "The Broad Virtue in a Modest Posner, ed. (Foundation Dreyfuss, D. Zimmerman, and clinical judgment. More than (May 2001). Ruling," The New York Times Press 2000). H. First, eds. (Oxford 2001). two hundred and fifty persons A29 (December 5, 2000). Appointed by the President of will be affected. "Tributes: the Honorable the American Association of "The Return Of States' Rights," Adrian Vermeule Richard A. Posner," 17 The Patricia Lee Law Schools to the Steering 24 The American Prospect 11 Professor of Law Journal of Contemporary Committee for establishing (November 20,2000). Award recipient of the 2001 Health Law and ix "The of Policy Equal Justice Colloquia at 19 Cycles Statutory Ernst & Young Entrepreneur at "Chipping Away Buckley," 68 (Winter 2000). law schools around the country Interpretation," University of the Year Award in the The American 23 collaboration Prospect of Chicago Law Review 149 promoting category of Community between law school faculties (September 25,2000). (2001) Significant Achieve- Service for Illinois and North- and legal service providers. "Ad Hominem," The New ments Related to the west Indiana and finalist in "Institutional Design of a 24 (December Clinical the International Filed an amicus curiae brief in Republic 11, Thayerian Congress," 50 Duke Programs competition

2000). held in Palm the Illinois on Law Journal 1277 (2001) (with Desert, Supreme Court

Mark California in November 2001 . behalf of 20 Elizabeth Garrett). Heyrman individuals and "Is Nature Good," reviewing organizations arguing the Alan Pandora's Pic- Lucas If. 318 III. Dismissals of several McHughen, "The Judicial Power in the State Peters, App. regula- unconstitutionality of a nic Basket: The Potential and 3d 1 (1 st Dist. 2000). matters the (and Federal) Courts," 2001 Injunctive tory brought by mandatory life with no parole Hazards of Modified relief granted on behalf of a of Cosumer Genetically Supreme Court Review357. Department statute as applied to a Foods, The New Republic 38 class of 75 persons confined at Services against three small unarmed lookout Choice," 75 15-year-old (October 23,2000). "Interpretive Elgin Mental Health Center independent taxicab affiliation in a related New York University Law gang shooting. requiring that the staff exercise companies on June 7, 2001 "The Human Variables," Review 74 (2000) individualized professional before the Department of Participated in a two-year reviewing Truman F Bewley; judgment concerning the Administrative Hearings. "Executive Session on Public Why Wages Don't Fall During a of the class Defense" David Weisbach placement colloquium sponsored Recession (August 7, 2000). Expansion of Tasty Delite members rather than the U.S. of Professor of Law simply by Department International, Inc's distribution "Deliberative Trouble: Why assigning them all to one facility Justice, the J.F.K. School of "The Failure of Disclosure as of its seasoned coating mix Groups Go To Extremes," based upon their status as Government at Harvard an Approach to Shelters," 54 into Safeway; Walgreens, and 110 Yale Law Journal 71 persons acquitted by reason of University, and Harvard Law Southern Methodist University Jewel Osco stores. (2000). insanity of criminal charges. School, designed to improve Law Review 73 (2001). Randolph Stone the quality of legal representation Cross If. Staples, No.1-99-3174 to the indigent. Alan Sykes (May 1, 2001, III. App. Ct.) The Participated in a Web video Diane Wood Frank and Bernice Greenberg Appellate Court's decision forum discussion on death Appointed to the Governor's Senior Lecturer Professor of Law holds that a person confined in penalty issues at Columbia Commission to Rewrite the "Techniques of Judicial a state hospital following an University, featured and still Illinois Criminal Code. "Subrogation and Federalism," Working Paper by reason of insanity Insolvency," 30 Journal of acquittal X, Panel Three: Courts and Legal Studies 383 (2001).

FALL 2001 • THE UNIVERSITY OF CHICAGO LAW SCHOOL I!!l Books

Books by Faculty Books by Alumni The Third Chair. Albert W. Alschuler. Law Without Values: Michael Conant, '51. Constitutional Structure Bruce Nortell, '71. 2001. The Life, Work, and Legacy of Justice Holmes. and Purposes. Greenwood Publishing, 2001. Lendtronic, University of Chicago Press, 2000. Ross Davies, '97. Fuller & Washington at Stephen O'Bryne, '77. EVA and Value-Based With David McGraw-Hili Douglas G. Baird. Elements of Bankruptcy Centuries' Ends. Green Bag Press, 1999. Management. Young. Professional 2000. Foundation Press, 3d edition, 2001. Publishing, Edward de Grazia, '51. Girls Lean Back '74. Advanced Civil David Currie. The Constitution in Congress: Everywhere: The Law of Obscenity and the Assault Jeffrey Parness, Procedure: Civil Claim Settlement Laws. Carolina The Jeffersonians 1801-1829. University of on Genius. Vintage. 2000. Press, 2001. Academic Press, Chicago Linda Hirshman, '69. A Womans Guide to '69. Bernice: Battered Elizabeth Garrett. Cases and Materials on Law School. Penguin Books, 1999. Jody Raphael, Saving and Northeastern Statutes and the Creation of Public Policy Women, Welfare Poverty Legislation: E. Johnson, '65. Criminal Law: Phillip 2000. With William N. Eskridge, Jr. and Philip Frickey. University Press, Cases, Material and Text. West Group, 2000. West, 3rd edition, 2001. David Rothman, '62. California Judicial Cases and Materials on Criminal Procedure. Handbook. West 1999. Joseph Isenbergh. International Taxation. Conduct Group, West Group, 2000. Foundation 2000 Press, Steven Segaloff, '00. Seat with a View: David Kessler, '78. A Question of Intent: 1996 Us. Mens Crew. iUniverse Douglas Lichtman. Telecommunications Inside the Olympic A Great American Battle with a Deadly Industry Services, 2000. Law and Policy Carolina Academic Press, 2001. Publishing Public Affairs, 2001. '61. Cases to Catherine A. MacKinnon. Sex Equality Herbert Jay Stern, Trying Peter '60. Beyond the Courthouse: Langrock, Win: Evidence. Law & Business, 2000. Foundation Press, 2001. Aspen Tales of Lawyers and Lawyering. P.S. Eriksson, 1999. '74. Force 12. Simon & Andrei Marmor. Positive Law and Objective James Thayer, Liebmann, '63. Solving Problems George 2001. Values. Oxford University Press, 2001. Schuster, Without Large Government. Praeger Publishers, 2000. LL.M. '99. Richard A. Posner. Frontiers of Legal Theory Robin Tuerks, Depotstimm­ Martin, '78. A Lawyer Briefs the Big Jeffrey versus us. C.H. Beck, 2000. Harvard University Press, 2001. rechtspmxi: Proxy System. Question. Bristol House, 2000. Gerhard Volz, LL.M. '90. The Organisations Breaking the Deadlock: The 2000 Election, the John Mauck, '72. Paul on Trial: The Book of of World 2000. Constitution, and the Courts. Princeton University Economy Oldenbourg, Acts as a Defense of Christianity Thomas Nelson Press, 2001. Publishing, 2001. Stephen Ware, '90. Alternative Dispute 2001. Cass Sunstein. Republic.com. Princeton Resolution. West Group, University Press, 2001.

Cass Sunstein and Richard Epstein, eds. The Vote: Bush, Gore, and the Suprem Court. University of Chicago Press, 2001.

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Albert Alschuler reveals another Supreme Court justice Felix Frankfurter, attached themselves to Holmes and initiated what amounted to side to Oliver Wendell Holmes Jr. a public relations campaign. This campaign created a Holmes. But I don't that in new book on former Supreme mythic certainly deny much of Holmes's reputation is deserved. He was brilliant, Court Justice wrote much memorable prose, and got the two most constitutional issues of his time when In his recent book, Law VVithout important right most of the court them freedom of Values: The Life) Work) and Legacy if got wrong: expression and the of social welfare Justice Holmes (University of Chicago permissibility legislation. Albert the Press, 2000), Alschuler, How did Holmes's life affect his legal and ethical Wilson-Dickinson Professor in philosophies? the Law School, offers a fresh and Prior to the Civil War, Holmes was an abolitionist and controversial view of legendary participated in anti-slavery meetings. He dropped out Supreme Court Justice Oliver of college at the outset of the war to enlist, fought for Wendell Holmes Jr., who served on the high court three years, was wounded three times and almost died. from 1902 to 1932. Alschuler, one of the preeminent His letters describe hideous battlefront experiences. criminal law scholars in the United States, takes issue After his third wound, he was disappointed that his with the prevailing view of Holmes as a wise and foot was not amputated because losing his foot would benevolent giant of American jurisprudence. have ended his time as a soldier. Following the war, Alschuler grants Holmes's extraordinary influence but Holmes belittled his own abolitionism as well as all argues that his legacy was mostly pernicious. other isms. His horrific experiences together with the What was the genesis of your negative view of Holmes? Social Darwinism of his age led him to see life as a in which makes This When Provost Geof Stone was dean of the Law School struggle might right. philosophy his and he encouraged me to develop a course on 20th-century guided judicial opinions scholarly writings. American The more I looked into Holmes's legal theory. One of the reviewers of your book said you rely too work and his influence on later American the thinkers, much on Holmes's letters, in which he intentionally more I became convinced that his on law was impact tried to shock people. unfortunate. There have been recent studies of many Holmes stated his views in particularly Albert W. Alschuler Hol�es, nearly all of them adulatory. Law students brutal ways in his correspondence, but he are taught that Holmes led a revolt against formalism voiced precisely the same sentiments in his at the beginning of the 20th century. I agree that public pronouncements. You may discount there was an intellectual revolution at that time, but it the letters a bit for rhetorical overstatement was not a revolt against formalism. It was a revolt if you like, but don't discount them altogether. against natural law-the long-held belief that some things could be truly right or wrong and that law was How does the law today reflect Holmes's about more than satisrying the tastes and interests of skeptical view of life? individuals and The older particular particular groups. There are two brands of skepticism in way of thinking about things has all but disappeared. American law. The milder form is utilitarian Holmes and other American jurists of the late I9th pragmatism-basically, interest balancing. and early 20th centuries, though often painted as That's what Law and Economics is about,

adversaries, were committed to this remarkable see actually all and you it in many Supreme Court opin­ transformation of legal philosophy. ions: "The defendant's fundamental liberty interest is in this case a When did people begin to think of Holmes as a outweighed by compelling governmental interest." Law and Economics human desire larger-than-life person? gives every the same weight as every other, and the goal is to satisfy Holmes was not a particularly noted or revered as many wants as possible. That's what I call the mild Supreme Court justice until he was about 80 and had brand of skepticism. What I call the piquant brand been on the court for more than I 5 years. Then a sees law simply as the exercise of power. Holmes circle of talented young men, including the future

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Some is inevitable, in the form endorsed this more extreme view. He did not believe in government regulation he believed of law, tort law, and contract law. Some the greatest good for the greatest number; property restrictions on as in of child that to the victor belong the spoils. speech, regulation pornography, libel, and conspiracy, are desirable. In What were Holmes's views of race and gender? terms of additional restrictions, my book ventures Holmes's endorse of them. Some Though defenders, including passionate some ideas, but it doesn't any

that his racism on that defenders among my colleagues, argue people are so allergic to restrictions speech norm of his and sexism were no greater than the age, they're really opposed to thinking about things in were harsher than the norm. But he Of course I argue that they pragmatic terms, which isn't very healthy. his did associate with Jews and Catholics-particularly most restrictions on speech should be avoided. intellectuals Louis Brandeis and the young colleague think What are other significant ways in which you who idolized him-at a time when others of his your views in the book have background disapproved of doing so. been misinterpreted?

What do see as the most negative impact you lasting The book has been taken as an of Holmes's philosophy? attack on the Internet, which it revolution that Holmes was a key figure in a skeptical really isn't. From every standpoint, greatly influenced American jurisprudence. Since Plato, the Internet is more good than and moral there has been a divide between moral realists bad. The topic is how to make skeptics. For most of Western history, the Socratic democracy work better. can and notion that some things really be right wrong Would you discuss your notion that on the Internet, dominated moral and legal thought Today the skeptics ideas are reduced to commodities? view is that we make are ascendant The prevailing up I think we Holmes said that we I wouldn't it that Instead, right and wrong as we go along. quite put way. should evaluate the Internet in terms of what it does should look at law from the perspective of a self-interested material for not markets. bad man who cares only about consequences. democracy, just He saw law as a system of pricing. "deliberative simply Among your proposals is the creation of how domains." Can you explain what these are and enhance the value of the Internet to a Cass Sunstein examines the they would healthy democracy? democratic evolution of the The idea is to have "places" where different people, with different perspectives, discuss public issues. This process in the information age would be desirable because it would tend to reduce Cass Sunstein's most recent book, Republic.com (Princeton social fragmentation. It isn't great when like-minded is a of the Internet Press, one another. That's University 2001), critique people are just speaking to actually and its on the democratic process. Sunstein, book. I learned it impact one of the major themes of the largely Service Professor the Karl N. Llewellyn Distinguished from the University of Chicago, where intellectual scholar of constitutional of is a noted where we do best when Jurisprudence, diversity is a great strength, and law. This he was also a contributor to The VOte year we disagree with each other. (see page 14). The Internet experience, like the hundreds of cable has considerable interest Republic.com generated channels available or an equal number of and heat. Would the genesis of the project you recap highly specialized magazines, seems to lead and in writing it? your principal goals inevitably to an atomized society. Are you

awareness of The genesis was probably my work on a presidential hopeful that there will be an advisory committee on television and the public interest. the need for countervailing experiences to My major goal was to emphasize how democracy balance this trend? requires unchosen, unanticipated exposure, and something Yes. Many people are curious. But law like .a shared culture. professors should stay out of the prediction You've found yourself in the unusual position of being business, I think. The most important thing is criticized some who see you favoring governmental to to to problems. by try point potential com Internet. How do �p-ublic restrictions on free speech on the coss suns 81

you respond?

SCHOOL. FALL 2001 THE UNIVERSITY OF CHICAGO LAW INS IDE AI u m n I WHO GETS TO KEEP THE NOTES? 26 "A MAN WHO KNOWS THE LAW" 26

BREAKING NEW GROUND 27

TRIBAL COUNSEL 27

SUSTAINING A LEGACY 28

CHICAGO INTERNATIONAL 29 Approaching Legendary FOSTERING SERVICE IN THE CITY 29 LABOR OF LOVE 30 Proportions When last year's vice-presidential debate between George G. Bogert, for whom Evans had worked. A Life Joseph Lieberman and Richard Cheney ended, a few Trustee of the University of Chicago, Evans is currently family members and a handful of dignitaries came serving a second term on the Law School Visiting onto the stage to congratulate the candidates. Committee. Last year he was named the first chairman Among those dignitaries was James H. Evans, '48. Perhaps of the University's newly-created Phoenix Society, that's because the debate was held at Evans's undergraduate which honors individuals who make estate commitments alma mater, Centre College, where or life-income arrangements to benefit any area of he had been a longtime member the University. the board of trustees and chairman Dean Levmore says, "There's one thing I have of that board for seven years. learned rather quickly from my conversations with Perhaps it's because Cheney served previous deans and concerned alumni-few names are for several years as a director of spoken with the respect and admiration that Jim Union Pacific Corporation, the Evans's name evokes. Getting to know him is a pleasure company Evans ran, first as president, I anticipate. His vision and wisdom, his generosity with then as chairman and CEO, between 1969 and 1985. his time, and the consistent personal graciousness of Or perhaps it's just because Jim Evans can be found Jim and his wife, Mary, approach legendary proportions:' virtually anywhere that important civic undertakings Among the many noteworthy developments during are taking place. He has manifested an extraordinary Evans's leadership of Union Pacific were the accomplishment commitment to civic betterment throughout his career, of the complex merger that created what is now by far having served as-among other things-vice chairman the nation's largest and most profitable railroad system, and trustee of the John F. Kennedy Center for the and the farsighted diversification of the company into Performing Arts, trustee of the Rockefeller Brothers a natural-resources giant. Fund, a member of the board of governors of the It is apparent that he achieved near-legendary status American National Red Cross and of New York among his corporate peers as well: he has been a Hospital, a member of the executive committee of the director of companies that include Citicorp, General White House Preservation Fund, chairman of the Motors, AT&T, Anaconda Corporation, Dun & Central Park Conservancy in New York, and founding Bradstreet, Bristol-Myers, and Metropolitan Life, and chairman (and a life trustee) of the National Recreation he was co-chairman of The Business Roundtable. and Park Association. In a New York Times interview that was published He has provided his expertise to prominent efforts when he assumed Union Pacific's presidency, Evans to improve the functioning of government, including discussed the determination it took to master the the G�ace Commission's exhaustive search for ways to intricacies of his diverse previous jobs, which included reduce government spending and the Council on the presidency and chairmanship of The Seamen's Bank Foreign Relations's 1998 report, "Making Intelligence for Savings and a vice presidency and directorship at Smarter." He was a founding member of the Citizens Dun & Bradstreet. "It meant sometimes working Advisory Committee on Environmental Quality. twenty hours a day," he said. Even twenty hours a day seems to account for all He served as a Navy Lieutenant during World War II barely enough Jim Evans has before entering the Law School in March 1946. He accomplished and contributed. became an editor of the Law Review. Upon graduation, after seriously considering an invitation to clerk for Chief Justice of the United States Fred M. Vinson-also a Centre College graduate-he joined Harris Trust & Savings Bank of Chicago as assistant to the president. This decision followed the strong advice of Professor

FALL 2001 • THE UNIVERSITY OF CHICAGO LAW SCHOOL �

- the Law" Who Gets to Keep the Notes? "A Man Who Knows was On I of this year, John Ashcroft, '67, Association of February Since he joined the Recording Industry the United confirmed by the Senate as attorney general of America in the fall of 1999 as associate counsel, (RIAA) States. In nominating him, President Bush called Ashcroft Pierre-Louis, '95, has some of Stanley helped litigate a man of and "a man of great integrity, great judgment, the most significant cases in the a man who knows the law." suits new economy: the against Ashcroft is the fourth graduate of the Law School to MP3.com, and Scour Napster, of the United States. The others serve as attorney general that define the boundaries of helped Robert Bork, '53, were Ramsey Clark, '51, (1967-1969), a legitimate online marketplace. (1973-1974), and Edward Levi, '35, (1975-1977). Pierre-Louis's impressive resume Recent Law School graduates joining the Justice includes a clerkship with Judge Department under Ashcroft include Howard Nielson, David A. Nelson of the US. Court and Ho, '97, as counsel to the attorney general, James for the Sixth Circuit and work as an associate of Appeals assistant '99, as assistant to the attorney where he special at Washington, D.C.-based Shea & Gardner, general for civil rights. on and constitutional law. focused copyright Currently, entered the Law Ashcroft, who was born in Chicago, serves on the Committee of the Pierre-Louis Visiting with honors from School after earning a B.A. in history Law School. He is also a panelist on copyright frequent Yale. He has described the Law School as "having had on board of directors of the matters and serves the demands as arduous a set of rigorous Area for the Arts, a non-profit Washington Lawyers in the . as any place country that bono services and provides pro legal not organization analytical and hard-nosed seminars for local artists. sponsors training a touchy-feely place." This former Law Review editor is also an accomplished In 1965, he met Janet Roede, bassist and who in the played University's him at the pianist who was a year behind orchestra while at the Law School. However, symphony Law School. The two married to follow Pierre-Louis that it's more than just nice says after she graduated and have been his musical his own passion, that background actually Ashcroft married for 33 years. Until recently, Janet informs his perspective and helps him appreciate the taught business law at Howard University. The real-world of the positions that his consequences Ashcrofts have three children: Martha, an attorney in stakes out. "It's incontrovertible that the organization Park Kansas City; John, a professor at Forest Community unauthorized distribution of music affects someone at in St. Louis; and Andrew, on active duty with that he College level of the process," he says, adding every the United States Navy. to issues that have the opportunity litigate Southwest appreciates Ashcroft became a law professor at such broad for consumer choice, intellectual consequences Missouri State University in 1967. In 1973, the governor First Amendment rights, and the property rights, of Missouri, Kit Bond, appointed him to the job of of the financial recording industry. to the viability state auditor. Ashcroft then became an assistant Pierre-Louis credits the Law School for him helping in Missouri attorney general, John Danforth, 1974, role: is an prepare for this "Chicago intellectually in 1976. and was elected Missouri attorney general environment that requires deeper understanding was elected charged He served two terms in that post, and then than black letter law." Since many of his cases simple Missouri in 1984. He was reelected in governor of that have no th hinge on theories legal precedent, inking of 1988 by 64 percent, the largest percentage any the written word is essential. For that skill, he beyond the Civil War. Missouri governor since thanks the and mentoring of the Law School training office after his governorship, he practiced law Professors Baird, Dennis Leaving faculty, particularly Douglas Senate from Missouri before winning election to the U.S. Hutchinson, and Cass Sunstein. in 1994. While in the Senate, he served on the Judiciary, His advice to students interested in music law? Realize Commerce, Science and Transportation, and Foreign that the between intellectual property and relationship Relations committees, and chaired subcommittees on will be the to moving forward, and the tec�nology key Consumer Affairs, Africa, and the Constitution. is to to start understanding that relationship only way John and Janet Ashcroft have both distinguished in the discussion, which includes a healthy engage themselves not only in legal practice and public service, of views. he says in good divergence "Ultimately," but also in outside activities and service to the Law fashion, "the market-whether defined as Chicago SchooL John served on the Law School Visiting or the of ideas­ consumer preferences marketplace will light the path."

LAW SCHOOL. FALL 2001 THE UNIVERSITY OF CHICAGO Committee twice, from 1979 to 1982, and again from Tribal Counsel 1984 to 1987. Janet served on the Visiting Committee When Robert N. Clinton from the Law from 1996 to 1999. The Ashcrofts co-authored two graduated School in 1971, the last thing he expected to become textbooks, Lawjor Business and Irs the Law. John published is what he is today: perhaps the country's leading Lessons From a Father to His Son) a tribute to his father's on federal Indian law; chief of the wisdom, in 1998. authority justice Winnebago Supreme Court, which hears appeals from John Ashcroft's widely varied hobbies include riding the tribal courts of the Winnebago dirt bikes on his farm, riding motorcycles, driving his tribe of Nebraska; and an associate 1973 yellow Mustang convertible, writing gospel songs, justice of the Cheyenne River fishing, hiking, and tennis. Sioux Tribal Court of Appeals. He did know back then that he Breaking New Ground wanted to teach, and that is something that he also does chief of the US. Mary Murphy Schroeder, '65, judge today, having recently relocated for the 9th was one of five Court of Appeals Circuit, from the University of Iowa College of Law, where he honored the American Bar Association women recently by taught from 1973 until last year, to the Arizona State Commissien on Women in the Profession with its University College of Law, where he now holds the Brent Women of prestigious Margaret Lawyers Barry Goldwater Chair of American Institutions. The Achievement Award. Previous award winners have Goldwater chair, rotated annually among departments, is included such notables as US. Court Justices Supreme the most prestigious academic position at the university. Sandra O'Connor and Ruth Bader Day Ginsburg. Clinton, who is not himself Native American, says Presented in at the ABA's August two events that occurred shortly after he arrived at annual in and meeting Chicago, Iowa-after two years as an associate at Devoe Shadur named for the first woman lawyer & Krupp in Chicago-persuaded him that Indian law in America, the award honors merited attention. He worked on the discovery brief women who outstanding lawyers for the appeal of American Indian Movement leaders have achieved professional Russell Means and Dennis Banks, arising from the excellence in their area of specialty dramatic standoff at Wounded Knee, only to see and have the to actively paved way government prosecutors violate the discovery order. success for other women lawyers. That violation, which led the presiding District Court Schroeder's own career after Judge pioneering began judge to say he was "ashamed" of the government's she received her from the Law School in 1965. degree handling of the case, led to the dropping of charges as a trial for the US. After working lawyer Department against Means and Banks. of then as a law clerk for the Arizona Justice, Supreme Then, while working at Iowa's legal dinic, he represented Court, she the Phoenix law firm of Lewis & man's joined a Meskwaki man and succeeded in having the the distinction of the first Roca, achieving being state-court conviction vacated, arguing that jurisdiction woman in law firm in the partner any Rocky belonged with the federal government and the tribe to Mountain/Southwest region. which the man belonged, not the state. In she became the member of the 1975, youngest "Native American issues were not only socially Arizona Court of In 2000, after Appeals. twenty years important, they were interesting and satisfying work, as a circuit on the 9th Circuit Court of of service judge because they involve not just critical legal policy questions that court-the Appeals, she was named chief judge of but also deep historical and anthropological issues, first woman to hold that position. which interest me quite a bit," Clinton says. He adds Levmore "In addition to all her other Dean said, that Soia Mentschikoff's introductory law class was Schroeder has dazzling accomplishments, Judge quite helpful to him as he began digging into the field worked to improve the lives of women and minorities that has today become his specialty. her career. We are across the United States throughout He is co-author of three texts: American Indian Law, The term on the Law School's lucky to have her for another Handbook ?f Federal Indian Law, and Federal Courts: Theory and Committee. Her vision and are Visiting leadership Practice. His expertise seems to land him in newspapers deeply appreciated:' from Maine to Alaska with regularity, and he was the subject of a New York Times feature interview on Indian land claims.

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Her commitment to social action He describes his services on the Winnebago and began early, shaped a mother who fled the Nazis and a father who Cheyenne River courts as "a thrilling honor and by grew as one of six sons of a widowed fascinating work," but notes that he looks forward to up in Chicago "I wanted to be a civil for as the day when tribal members will take over his seats. mother. rights lawyer of as I can remember," she Her studies at the Because so many cases require an understanding long says. Law School-her clinical in traditional practice as well as written law, he is encouraged experiences particular--gave American her a holistic view of social action, both on that there are now perhaps 2,000 Native focusing to and on lawyers nationwide. "I believe strongly that giving direct service individuals forging responsive She an from her work at Indians their own voice is critical;' he insists. public policy. gives example "It was each Regarding overall issues of Indians' control of their America's Second Harvest: very gratifying meals in destiny, he worries about the direction of recent court day to know that I had helped put nourishing and it was even more decisions affecting sovereignty-disputes between states front of people who needed them; to for and that and tribes over the scope of their respective authority important agitate legislation policies often meant fewer would be in the first in Indian country. Until recently, Indians prevailed people hungry place." the basic That combination of at the individual level in such disputes, many of them reaffirming moving at the level has marked all her federal protections of tribal sovereignty embedded in and shaking policy there's also else about Leff, both the early federal treaties with Indian tribes and in activities, but something her but best the federal constitution itself. Beginning in the I980s described by many who know perhaps put director of and accelerating in the last decade, however, the decisions by Sunny Fischer, executive Chicago's Driehaus Foundation and a of the Supreme Court more frequently countenance longtime colleague: Deborah touches becomes She expanding state authority in Indian country by limiting "Everything magical. in Indian has she's met:' the historic scope of tribal authority country. inspired everyone In new she's for a "This should not be allowed to continue;' he says. her job, responsible sustaining to which the words and "The most fundamental right tribes and their members legacy "inspiration" "magic" The have is the right of sovereignty:' have also been frequently applied. Kennedy Library is the most visited of all the presidential libraries. Its 36 million pages of materials, nearly Sustaining a Legacy 400,000 photographs, 8 million feet of film, and hours of audio are vital Law graduates contemplating careers outside the traditional 9,000 recordings scholarly as for Leff is the evocative practice of law need look no farther for a sense of resources. Just important of "As is true of so the possibilities than to the extraordinary career of power Kennedy's presidency: many and Deborah Leff, '77. people, a big part of my view of personal political

office as director of the was influenced In June of this year, she took responsibility by John Kennedy's presidency;' to sustain the that John F. Kennedy Presidential Library and Museum, she says. "It's part of my job impact of America's his life had. It's still hard for me to believe sometimes following a stint as president and CEO Second Harvest, the nation's that I have been entrusted with the honor and privilege­ that:' largest domestic hunger relief and the huge responsibility-of doing a term on the Law organization. Before that, for Leff, who recently completed School's Committee, in a suit seven years she was president and Visiting participated CEO of the billion-dollar Joyce against the Law School during her days as a student, of the which at that Foundation, and before that, a challenging the makeup faculty, of white males. "We were the senior producer at ABC News for time consisted entirely only law school back then with zero nine years, working on N�htline, major representation had to 20/20) and World News Ton�ht with PeterJennings) winning of minorities and women, and I felt something be done about that," she Now, she observes, Emmy and Peabody awards along the way. says. are different. I think the Law Before that-yes, there were several other impressive "Things very, very the School is so much better not the the career stops-as a trial attorney for Justice Department's today, just way but the it feels. There's brilliant, civil rights division, in the White House working for faculty 'looks; way rich, to and so different the appointment of women and minority candidates respectful interchange among many even with different views; so much federal judgeships, and as director of the office of people, people very sense of so public affairs at the Federal Trade Commission. She many possibilities." Women's Political Somehow it seems that be was political director of the National "possibilities" may always a word that is associated with Deborah Leff. Caucus while still a Princeton undergraduate.

FALL 2001 THE UNIVERSITY OF CHICAGO LAW SCHOOL. Chicago International think there is more value here than in the bundling of myriad services or in reaching to every corner of the International law has been the focus of the career of world under one name." Guillermo Morales Errazuriz, LLM. '87, since he left the Guillermo Morales Errazuriz sees his Chicago Law School. After he the international graduation, joined experience as a fitting preparation for whatever of White & Case in New York, where lawyers program challenges come his way. 'The rigorous work at the Law much of his work concentrated on financial transactions. School and the intellectual potency of its professors the summer of 1988, he transferred to the During and students opened up for me a completely fresh and White & Case office in to be involved in Washington inspiring look at the practice of law that empowered me work for the firm's corporate and regulatory foreign in every respect," he says. government clients. In 1989, he returned to his native Chile to join an established firm and teach at the University of Chile Fostering Service in the City School of Law. He recounts, "On the professional side, Michael Alter, '87, has balanced corporate and I mostly continued to practice in for a number of international finance law: bank philanthropic leadership Chicago years. As president of the Alter Group, a national real lending, project finance, and estate firm, he oversees more than $700 M&A work for the international development million in current Alter also founded Year clients of the firm. On the projects. City in 1995. Year is of a academic side, I concentrated in Chicago City Chicago part large national service Year, which international business transactions. organization, City provides an for young people from 17 through 24 opportunity I managed to 'smuggle' into the a year of community service and leadership training. It classroom the heresy of Law & Economics, to the is the largest of the organizations delight of the students and the outright skepticism that make up Americorps, the of my older peers on the faculty:' domestic Peace Corps initiated by In 1992, Morales and two colleagues started their own former president Bill Clinton. firm in Santiago. "Initially, it was a boutique kind of Alter has been president of City firm, highly specialized in international and cross-border Year Chicago since its founding work, for which there was. an acute demand in Chile at and was instrumental in arranging the time. Ever since, my firm has been a most remarkable for the University of Chicago to success story. All international publications rank our host the organization's annual weeklong convention, firm among the top five law firms in the country by which was held on campus in July. every measure:' Morales, Noguera, Valdivieso & Besa is now a full-service firm with approximately 30 lawyers Where did the idea of City Year come from? and an extensive base of international and domestic It began in college as one of those things students clients. It also the government of Chile in represents talk about late at night, figuring out how to make a the markets area and in of state capital privatizations difference in the world. My (Harvard) roommates, Alan owned enterprises. Ghazei and Michael Brown, developed the concept as all of Morales' own work has an international Virtually undergraduates and in law school. Right after law dimension, and that has him with a challenge: presented school, they started a pilot program in Boston for what "It's not to the demands of world­ always easy bridge they'd decided to call "City Year" and it grew and grew. class clients in terms of standards of professionalism more involved? and sophistication with the local reality-a less than When did you become fully developed body of law, an unsophisticated Seven or eight years ago, conversations started about judicial system, and a rather parochial community replicating the Boston program in other cities to create a of legal practitioners." national platform. This was when everyone was saying The global sweep of legal practice today presents that "Generation X" would never contribute. We him with an additional challenge: "Big multinational believed that young people, if challenged and given an providers of legal services such as the consulting firms, opportunity, would step up and rise to the occasion. accounting firms, and the global law firms are already We felt that if we could engage young people in this

on market. Our our overall putting a lot of pressure the legal way, it would strengthen democracy by to that and service. response to globalization has been emphasize fostering idealism, patriotism, Young which is more unique to local law firms: agility, people were not the cynics everyone said they were. responsiveness, flexibility, and personalization. We

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to win his share of And the goals of the national convention? Not that he hasn't continued state courts cases. Last for instance, Illinois we wanted an event year, As we expanded to more cities, the to unionize of one of his clients, an to celebrate what upheld right that would bring everyone together several thousand University are and also them an organization representing these young people doing, give of Illinois students who handle teaching to learn from one another and expose graduate opportunity functions. leaders and duties and other employee them to ideas from political and business back, he recalls with satisfaction winning from academics. For our host committee at the July Looking the first court that affiliation was an from a ruling party convention on the campus, we had support unlawful basis for firing decisions by government who's who of Chicago's corporate leadership. officials, arguing that such actions violated the right What are your programs in Chicago? of free association., "A seventh Circuit justice asked me Public Schools oral whether this First, we tie in with the Chicago during argument requirement that all students give a number of hours patronage-based decision-making with the wasn't the had to community service, and we're working just way things to make that service as been done, and it CPS on prototype programs always why should be 'Live the meaningful as possible. Second, our young people changed. by with several sword, die the sword; he said. work in literacy programs in partnership by our I answered that we had also lived community organizations and schools. Finally, kids with racial discrimination for a "Young Heroes" program brings together that. It between nine and thirteen for service and leadership long time, and now we were finally changing think an oral development. We want to take the message of City was a time when I argument actually the outcome of a case:' Year to another generation. affected Racial discrimination is another injustice Cornfield has fought. He worked closely with Martin Luther Labor of Love King, Jr. and other civil rights leaders in Chicago. As activities, he an outgrowth of community organizing the time he was old, Gilbert A. Cornfield, By thirty years West tenants, largely from Chicago's Side, had won-two cases before the represented '54, argued-and conditions. He in protests against intolerable living United States Supreme Court. Today, forty years since the 1972 case in which the Illinois still argued Supreme those decisions were handed down, he's tackling Court declared that rents could be withheld when clientele: big issues on behalf of his cherished organized failed to live to an of firm landlords up implied warranty labor. He's a name in the Chicago-based partner "landlord-tenant law Until then, he says, Cornfield & Feldman, whose client roster features habitability. had been tilted toward the property owner:' two very strongly a score of union including nearly organizations, lines that he His firm is run along the egalitarian of the largest in Illinois-the Illinois Federation of prefers in all social institutions. There is virtually no Teachers (for which Cornfield is general counsel) and hierarchy, and there has been no turnover in the firm's the state council of the American Federation of State, circumstances recent history except for such personal and County Employees. Municipal "You have to care about as a spouse's relocation. really He has seen in labor's status. Numbers big changes the this work to do it in the first place, especially since have dwindled-there were more than 150,000 is about a third of what could be earned at a big steelworkers in the Chicago metropolitan area when pay and we let them corporate firm. We get great people, he started practicing law-and attitudes have changed. have the freedom to do their he when labor jobs;' says. He can easily recall the time organized he no of and As for himself, expresses expectation was such an esteemed institution that companies kind. "I 'retired' becoming a turnover statistic of any risked consequences for even appearing politicians grave he "Ever when I got out of the army in '56;' says. to be anti-union. since then I've been what I want to do, we looked and it was just doing "Then;' he says, "one day around, which to be labor law." the Sundance Kid happens practicing just like that scene in Butch CasSidy and where Butch and Sundance are being chased by these Pinkerton and Butch very organized, implacable men,

are those Times had and says, 'Who guys?' changed, on the defensive." we were rather suddenly

LAW SCHOOL. FALL 2001 THE UNIVERSITY OF CHICAGO

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In Memoriam

1929 Sidney Yates Allan Marver 1938 John Van de Water October 5, 2000 March 18,2001 April 14, 2001 Walter Marcus Cohn Berger Yates served in the House of After graduation, Marver Van de Water was a faculty 3, 2001 April 30, 2001 July member of the Representatives for 48 years, joined Goldblatt's Department University of law in Cohn was a communications Berger practiced gaining a reputation as a Stores in Chicago in its new California and taught management was in nc., Chicago and also involved champion of cultural and legal department and then lawyer Washington, and industrial relations at its in the construction of who co-founded the firm of many conservation causes. He served moved into management. Graduate School of Business. centers. He retired to Cohn & Marks in 1944 after shopping in the House from 1949 to After leaving the company and He served as chairman of the La at the Federal Mesa, California in 1977. 1963, and again from 1965 working in other retail working National Labor Relations Communications Commission. until retiring in 1999. When businesses, he returned to Board in 1981-82 and then Over the he was involved 1930 he stepped down, he was the Goldblatt's and became president years, was named special assistant to in a of landmark cases oldest and longest-serving in the early 1960s. He later variety the secretary of labor. He also Chester Anderson the commercial member of the House. He was worked for 1st American involving served on the Federal Services April 13, 2001 evolution of television. He was a leading supporter of the Realty Corp. and G.R.I. Corp. Impasses Panel from 1989-1994. in cultural Anderson practiced law for National Endowment for the He retired in 1985. active many and and served 70 years, retiring in 2000 from Arts and the National professional groups Mosk 1947 Stanley as a the the Peoria, Illinois firm of Endowment for the Humanities. member of National June 19,2001 Council on the Humanities. Todd, Morgan, Pendarvis In 1993, President Clinton Ernest Greenberger at the time of his & Arbor. Judge Mosk May 26,2001 presented him with a Presidential Maurice Huebsch death was in his 37th as a year real Citizens Medal for his efforts November 20, 2000 Greenberger practiced Milton Durchslag member of the California in the arts and estate law and broker February 6, 2001 promoting After a of war helped Supreme Court, the longest­ being prisoner humanities. As a member of the development of several Durchslag and his late brother member in the court's in 1945 in Germany, Huebsch the Committee, serving prominent Chicago properties, built a Appropriations returned to to work Harold (Class of 1932) He served 15 years on Germany secure federal history. 180 North LaSalle he helped funding of Chief including law firm specializing in real the Court and six for the Office for Superior Street and 444 North estate Chicago-area projects. Counsel for War Crimes, where and probate law. They as He years attorney general. Michigan Avenue. He started also were he in the real estate developers wrote a total of 1,688 participated his own firm in 1962, which in both Illinois Florida. 1934 career: of Alfred and opinions over his 727 prosecution Krupp through mergers became the The brothers their 550 dissents, and other company officials. through James Dunn majority rulings, firm of Schwartz, When he returned to the Cooper, wills established a $ I million and 391 concurrences. His September 9, 2000 Greenberger & Krauss. scholarship fund for three included landmark United States, he specialized in Dunn trust law in opinions practiced workers' law in students each year at the He was a leader in a compensation before to rulings. Philadelphia moving he was Law School. movement state courts California. In 1979, 1948 Sarasota, Florida in the 1960s. among a for the to use their own constitutions appointed judge Weissbourd He continued to law Bernard practice Workers' 1932 to establish individual rights Compensation November 2, 2000 until retiring. those under Appeals Board in Los Angeles. beyond required Weissbourd built Metropolitan Philip Campbell Brimson Grow the United States Constitution. one of the May 7,2001 Structures, largest August 23, 2000 Mosk's court opinions 1941 commercial real estate his career as a established Campbell began Grow practiced law in Chicago sweeping changes in the Hawkins development companies trial in and was Howard lawyer Chicago for many years. He was very in the law, ranging from new 2000 United States. The firm a in July 31, corporate attorney Chicago, active in Baptist institutions, guarantees for criminal of World War II, Hawkins developed many Chicago's Washington, nc., New York the Northern defendants to enhanced During including Baptist gov­ most recognizable buildings, and Ohio. He retired where ernmental of the served on the staff of the City, Theological Seminary, protection One Illinois Center, Manhattan District including from Borden in 1975. to widened the library is named in environment ability Army's the and the atomic bomb Hyatt Regency, to sue for project. Following his honor. personal injury. Mercantile Exchange Center. the war, he worked as counsel 1933 He also developed Nuns to Argonne National Laboratory 1935 1937 Island in Montreal, one of Elmer Grage and the atomic energy the first multi-use June 2001 planned, 8, William Forrester Frank of Chevron. From Aldridge subsidiary communities in Canada. Prior Grage law until he February 23,2001 January 7, 2001 1954 to 1968, he worked for practiced to his and real estate career, Kern Land legal served in the Forrester much of his Before to Florida, Counry Company military during spent retiring he worked on the Manhattan in San Francisco. In he World War II. After the war, been the 1968, career as a constitutional law Aldridge had for Dean Project, inventing equipment he ran the of the board of became counsel family-owned professor and dean. He was chairman for the detection of elements. Witter and was involved in its of three law schools­ Construction for 50 decorating-supply company. dean Aldridge Weissbourd was active in He retired in many Vanderbilt from 1949-1952, He also had going public. William Quinlan years. practiced 1981. As both a of philanthropic organizations Tulane from 1952-1963, and law and had been vice graduate April 14, 2001 and maintained a lifelong director of the the College and Law School, Cornell from 1963-1973. At and interest in urban affairs. He Quinlan was the first editor-in­ president Hawkins was active in alumni was Homebuilders Association of chief the end of his career, he and his wife, Bernice, founded of the Law Review. During activities for the in at the of University a career teaching University Chicagoland. Focus, a that took him from the San Francisco area. Family community­ California's Hastings based Chicago to Washington, nc., Jerome Alper family support program. of Law. he College 2000 Survivors include his son, primarily represented November 3, Robert Weissbourd, '79. national associations­ Alper retired in the mid-'80s including the American as a partner in Alper, Schoene, Bakers Association and the Horkin & Mann. He helped National Candy Wholesalers draft the interstate compact ASSOCiation-and food that created the regional rapid companies. rail system in the Washington, nc. area.

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1950 1956 1965 Tom Owens, Librarian Richard Samuels Marshall Patner Bruce Ennis April 14, 2001 December 24, 2000 July 29, 2000 Tom Owens, who who was a in Samuels served as a Cook Patner's legal work in the Ennis, partner on the D.c. office of from the County Circuit Court judge 1960s and 1970s focused Washington, retired civil and & Block at the time of for over 30 years, primarily rights, liberties, [enner D'Angelo Law Library his was counsel in more presiding over criminal cases activism. In 1968, he argued death, in June 1997, died on including murders and other successfully before the United than 250 cases before the U.S. March 12 at serious felonies. Prior to States Supreme Court a case Supreme Court. He specialized Monday, of in First Amendment and mental becoming a judge, he was in defending the free speech the University of was a activist Dick who had health law cases. Before private practice and Gregory, joining Chicago Hospitals. Cook County assistant been arrested for protesting Jenner & Block in 1981, he who was a home of was the national director state's attorney. outside the Mayor legal Everyone Richard J. Daley. He was a of the American Civil Liber­ student at the Law of Business and ties Union. His cases included 1951 founder School between 1976 Professional People for the the Supreme Court case and 1997 knew Tom J. Richard Bockelman Public Interest (BPI), an establishing the principle that December well. He 23,2001 organization devoted to civic patients cannot be confined Owens very are and Bockelman practiced law at the issues in Chicago. Through simply because they ill, patrolled the D'Angelo Law Library desk with firm of Gould & BPI, he utilities on the First Amendment case Chicago challenged fierce and and in a pride, engaged anyone everyone Ratner after graduation for air and water pollution and resulting in the requirement as to steal their to build an island that cable conversation several years. He left the law plan companies carry they sought way past then to business in Lake local broadcasters. the stacks. He was. a pursue interests, airport Michigan. him up the steps into an art After he left BPI, Patner including owning gallery graduate of Beloit College who took great pride and travel agency. He founded specialized in litigation 1966 in his as he took in the the Near North Association of involving shareholders's rights. college just great pride Condominium Presidents in 1988. Lawrence Schwartz University of Chicago where he worked for 38 October 14, 2000 17 in the School H. Charles Ephraim 1960 years, including years Divinity Schwartz started his career in May 4, 2001 For Tom had Benjamin Alschuler public service, clerking in the Library. many years undergone in Ephraim practiced March 1,2001 juvenile court in Washington, treatment for various medical ills and was happy D.c. for over 30 Washington, was an with as a Alschuler attorney D.c., working public to us on how he was to lick his clients in a give updates going years, representing an Aurora law firm at the time defender, and then for the diversified administrative law illnesses, with or without the of his of his death. Prior to that, he Center for Law and Social cooperation In 1978-79, he served doctors. For he practice. had worked at the firm of Policy. He then went into many years cheerfully kept as of the president Transporta­ & where he did Wildman, Harrold, Allen private practice, his and was able to enjoy four years tion Association. promise, Lawyers Dixon for 34 He was a administrative, and years. litigation, of retirement with his friends in the Survivors include his son many member of the board of legislative work. Since 1987, Charles L. '77. Park We shall miss Tom Ephraim, he was directors for nearly 30 years. adjunct professor Hyde community. surely His survivors include his nephew teaching trial advocacy at and treasure memories of this University of the 1954 Albert Alschuler, who is George Washington University Chicago original. Wilson-Dickinson Professor Law School. William Holmes Brown Memorial services for Tom were held at Bond of Law at the Law School. May 27,2001 on 2001. The Law School has 1967 Chapel April 3, Brown served as Joseph Kane parliamentarian the Thomas Owens Memorial Book September 5, 2000 established of the U.S. House of Stephen Yates Fund in his honor. Representatives from 1974 Kane worked for United December 15, 2000 until 1994. He as an Airlines from 1975 to 1993, began Yates was a Cook County in where he held various assistant parliamentarian positions Circuit Court judge since 1976. 1958 and was the author of vice and including president Prior to that, he had worked at House Practice: A Guide to the He served as Rules, secretary. Ross & Hardies and been an Precedents and Procedures the counsel to Allstate of corporate assistant Chicago corporation 1982 1985 in Insurance from 1993 to 1999, House. He also participated counsel. In 1994, he became the where he transform Lieberman Goetz parliamentary development helped first Illinois judge to rule that Jeffrey Raymond in Eastern Allstate from a subsidiary of June 14,2000 January 11, 2001 projects Europe same-sex couples could adopt and Sears, Roebuck and Co. into a Mozambique. children. Due to Lou Gehrig's After graduation, Lieberman Goetz specialized in employee separate public company. disease, Yates became unable to worked first for the Chicago benefits law. He first practiced

was to firm of Roche & at & Sutter in Jan Schlesinger walk or talk but he able Schulyler Hopkins as a at and then at Gardner September 17, 2000 continue on the bench and teach Zwirner, and then partner Chicago

to a Ferrrazano, Kirschbaum, Carton & He was to classes due computer Barack, Douglas. Schlesinger was brought the special that would the words he Perlman & Nagelberg. Less than preceded in death by his father, United States as a child to escape say a before his death in a car Goetz, '50. the Holocaust. Before being typed in. year Raymond crash, he joined Paine Webber as appointed as a judge to the corporate vice president and Superior Court of New Jersey associate counsel of their in 1992, Schlesinger practiced general central division. law for 30 years and was active in various bar associations.

• THE UNIVERSITY OF CHICAGO LAW SCHOOL FALL 2001 Class Notes Section – REDACTED for issues of privacy

HONORS THE UNIVERSITY OF CHICAGO LAW SCHOOL CLASS OF 2001 LIST OF

Salvatore Frank Hornstra, Sara Keehr Phair, Ryan Patrick HIGHEST HONORS Edney, Michael James Bianca, Allen Blenko, James Crawford Johnson, Kristin H. Piropato, Marissa Ann Bial, Joseph John Fairfield, Joshua Bradshaw, Thomas Damon Karlin, Marni Beth Pittard, William Bullock IV Hollar, David Edward Hollar, David Edward David Katz, Jonathan Ian Pokorny, William Richard Mortara, Adam Karl Kontorovich, Eugene Brown, Gregory Bret Michael Adam Kraus, Katherine Ann Bedard Brown, Wesley Brandon Koplow, Rappaport, Jeffrey Katherine Ann Bedard Michael HIGH HONORS Liazos, Theodore C. Byars, John David Kraus, Rohrbacher, Christopher Mairav Blitz, Marc Jonathan Light, Russell Carreira, Hortensia Suarez Krieger, Cameron Rae Rothstein, Pratibha Chase, Irene Jessica Mead, Gordon McRae Jr. Christensen, Bryon Andrew Laclare, Michael Lawrence Shenoy, Jayakumar Daniel Aaron Edney, Michael James Mitchell, Jonathan Franklin Decker, Mereke Evelyn Liazos, Melissa Georgia Spector, John Fairfield, Joshua Allen Mortara, Adam Karl Dreger, Daniel Erwin Lin, Daniel Tisch, Ryan Christopher Eldad Zvi James Kontorovich, Eugene Phair, Ryan Patrick Ellison, Elena Esther Malamuth, Truitt, Jeffrey Irene Martha Frances Liazos, Theodore C. Prestes, Brian Scott Engel, Samantha Robin Mathie, Belinda Tsuchihashi, Joshua Light, Russell Skiermont, Paul J. Feehan, Jared Robert McCann, Andrea Kay Urquhart, George Matthew L. Peter Holland Mead, Gordon McRae Jr. Smith, Bradley Thomas Gihring, Susan Rebecca McCarthy, Werner, Diane Adrianne Katrine Mitchell, Jonathan Franklin Smith, Stephanie Pauline Goulka, Jeremiah Elliott McCaskill, Lindsay Wiechens, Alice Prestes, Brian Scott Wiechens, Adrianne Katrine Griffin, Matthew Austin McDermott, Mary Lynn Wilber, Gwendolyn Elizabeth Bethea Katherine Elizabeth Skiermont, Paul J. Wright, Jennifer Jean Hendershot, John Douglas McRee, Wood, Smith, Bradley Thomas Henderson, William Drew Morlock, Elizabeth C. Wright, Jennifer Jean Smith, Stephanie Pauline HONORS Hernandez, Krista Leigh Mossoff. Adam Vi, Xiaodong Felix Amerasinghe, Charitha Hessell, Scott Forrest Murphy, John Michael ORDER OF THE COIF III Banks, Thomas Robinson Hill, Hamilton Helman Nelson, Melanie Kate Bial, Joseph John Charles Bates, Jeremy Ho, David T. Pasarell, Shelby Kifer Blitz, Marc Jonathan Jacoba Berens, Sally Holmes, Lindsey Stewart Pelletreau, Elizabeth Anne Chase, Irene Jessica

THE UNIVERSITY OF CHICAGO LAW SCHOOL GRADUATING CLASS OF 2001

Karen Jeanette Fried Daniel John Lin Adam Jeffrey Rappaport For the Degree of For the Degree of Ross Harlan Friedman Noah Gordon Lipschultz Randall Glen Reese Master of Laws Doctor of Law Scott T. Fuqua Tiphani Priscilla Mack Eric Frederick Rinehart Alejandro Alcala Gerez Matthew Quinn Adler Natasha Nicole Gianvecchio Eldad Zvi Malamuth Christopher Michael Rohrbacher Robert Dieter Benedikt Santiago Francisco Alvarez Susan R. Gihring Javier Ernesto Martinez Mairav Rothstein Jose Miguel Carvajal Duhart Charitha Felix Amerasinghe Madhu R. Goel Belinda Irene Mathie Franklin Mordecai Rubinstein Magdalena Claudia Centeno Lappas Affan Arain Thomas Jared Gordon Brooke A. May Monica Elizabeth Ryan Luciana Maria Chamberlain Carl York Baggett Jeremiah Elliott Goulka Christopher Laurence May Jaewon Ryu Bin Cheng Candace Dohn Banks Matthew David Green Courtney Diane McBean Uzma A. Sattar I-Hsun Chou Thomas Robinson Banks III Christine Marie Griffin Andrea Kay McCann Michael Schaper Rodrigo De Alencar James Chandler Barr Matthew A. Griffin Matthew Laurence McCarthy Charles Nicholas William Schlangen Jose Antonio De La Puente Jeremy Charles Bates John Lawrence Hayes II Lindsay Diane McCaskill Kyle Lynn Schriner Silvain F. Gael Fock-Yee Jonathan H. Becker John Douglas Hendershot Mary Lynn McDermott Michael David Scott Nobuo Fuura Sally Jacoba Berens William D. Henderson Michelle Therese McGuinness Christopher Thomas Shannon Peter Gey Joseph J. Bial Krista Leigh Hernandez Bruce David McKee Pratibha Jayakumar Shenoy Christian Gude Salvatore Frank Bianca Scott Forrest Hessell Anita Lois McLane Benjamin M. Sherrill Eduardo Jose Herszkowicz James C. Blenko Andrew Sterling Hicks Alina Ann McLauchlan Adam Matthew Singer Tomotaro Higashi Marc Jonathan Blitz Christopher Robert Hilberg Elizabeth Bethea McRee Paul Joseph Skiermont Oliver Huqli Thomas Damon Bradshaw Hamilton H. Hill Gordon McRae Mead, Jr. Bradley Thomas Smith Gaku Ishiwata Elizabeth Alexandra Brown Matthew D. Hill Hae-Won Min Stephanie Pauline Smith Boris Michael Kasten Gregory David Brown Valerie Lynn Hletko Enoch John Minn Emma Quint Sobol ,Jong-Yun Kim Wesley B. Brown David T. Ho Jonathan Franklin Mitchell D. Daniel Sokol Guido Kordel Joan Susanne Burns Jeffery David Hoffenberg Stacy Marie Monahan Samuel Jacob Soloveichik Seung Han Lee John David Byars David Edward Hollar Adolfo Mondragon Daniel A. Spector April Li Hortensia Suarez Carreira Lindsey Stewart Holmes Paul B. Moore Peter Bernard Steffen Thomas Meiers Grace Jee Chang Sara Keehr Hornstra Daniel Isaac Morenoff Matthew Robert Stevens Alan Messer Irene Jessica Chase Mark Harry Izraelewicz Elizabeth Coulter Morlock Scott Michael Sullivan Jose Andres Monge-Calderon Joshua James Chernesky France M. Jaffe Jonathan Edward Morrill Andrew Rogers Swartz Birgit I. E. Mueller Martin Seth Chester Vivek Kumar Jain Adam Karl Mortara Mary L. Swietnicki Dario Nikolic Victor Chiu Kristin H. Johnson Adam Mossoff Ryan Christopher Tisch Veerle Florian Magda Martin Nuyts Bryon Andrew Christensen Sarah Melise Joss John Michael Murphy Jeffrey J. Truitt Christine Aaris Petersen Yun Jae Chun Amir Kahana Melanie Kate Nelson Martha F. Tsuchihashi Leonidas Prieto Larrain Michael Andrew Clark Ronete Tanya Karasick James Andrew John Nickolas Joshua G. Urquhart Arturo Rivera Magana Andrew Bruce Cohen Marni Beth Karlin Gregg Thomas Nunziata Ariel B. Waldman Ralph Sapoznik Jennifer Audrey DePalma Jonathan Ian Katz Heidi Kern Oertle Christopher R. Wang Akiko Sozu Mereke Evelyn Decker Eugene Vladimirovich Kontorovich Leif Alexander Olson Jeffrey Carl Warren Marco Stief Jon Heath Dixon Bret Michael Koplow Shelby Kifer Pasarell Peter Holland Werner Ling Ling Tie Irene Donovan Katherine Ann Bedard Kraus Averardo Peruzzi Pascarella Anne Fortune Wickers Ryota Tokida Daniel Erwin Dreger Cameron Rae Krieger Melissa Jeanne Pastrana Adrianne Katrine Wiechens Francisco Ugarte Larrain John Stephen Durrant Michael Lawrence LaClare Elizabeth Anne Pelletreau Gwendolyn Alice Wilber Sonia Villa Bryan Isaac Eder Ronna Erin Landy John Victor Peterson Katherine Elizabeth Wood Yin Wang Michael James Edney Margaret Anne Lavanish Ryan Patrick Phair David P. Wride Vivian Yin Mei Wong Kenneth Rees Eiferman Katherine L. Laxton Sara K. Pildis Jennifer Jean Wright Maximilian Wuelfing Elena Esther Ellison Katherine Elizabeth Smith Lazarski Marissa A. Piropato Wendy Wu Masaki Yoshino Samantha Robin Engel Brian Dong Woo Lee William Bullock Pittard IV Xiaodong Yi Oscar Ignacio Zarhi David Charles Erroll Gene Woo Lee Mary Ruth Pixley Jeffrey Robert Yousey Christian Tobias Zentner Joshua Allen Thomson Fairfield Melissa Liazos William Richard Pokorny Jared Robert Feehan Georgia Theodore C. Liazos Rachael George Pontikes Sorin Anne Feiner Russell S. David Douglas Pope S. Brenna Findley Light Daniel Redford Brian Scott Prestes Michael Terrell Ford III Liljenquist " WHERE ARE THEY NOW? Indicates an LL.M degree. Otherwise, graduates received a J.D.

ALASKA Pasadena Michael LaClare Irene Donovan Melissa Pastrana Fulbright & Jaworski, L.L.P. Schopf & Weiss Mayer Brown & Platt Anchorage Gregory D. Brown Joseph Bial Hon. Pamela Ann Rymer Ronna E. Landy Samantha Engel John V. Peterson Hon. Robert L. Eastaugh U.S. Court of Appeals for the Bracewell & Patterson Winston & Strawn Piper, Marbury, Rudnick & Alaska Supreme Court Ninth Circuit Wolfe, L.L.P. Russell Light Jared Feehan Lindsey Holmes San Francisco Fried, Frank, Harris, Shriver & Winston & Strawn William Pokorny Hon. Warren W. Matthews Jacobson McDermott Will & Emery Joan Burns Thomas J. Gordon Alaska Supreme Court Pillsbury Winthrop, L.L.P. Eldad Malamuth Sidley, Austin, Brown & Wood Rachael G. Pontikes Fairbanks Mayer Brown & Platt Lovells France Jaffe Matthew Griffin Sally Berens Howard, Rice, Nemerovski, Hae-Won Min Pattishall, McAuliffe, Newbury, David Pope Hon. Andrew J. Kleinfeld Canady, Falk & Rabkin Sidley, Austin, Brown & Wood Hilliard & Geraldson Mayer Brown & Platt U.S. Court of for the Appeals Matthew McCarthy Jose Monge-Calderon John Hayes Randall Reese Ninth Circuit Morrison & Foerster, L.L.P. Inter-American Investment Corp. Sachnoff & Weaver, Ltd. Skadden, Arps, Slate, Meagher &Flom ARIZONA Kyle Schriner Melanie Nelson William D. Henderson Phoenix Latham & Watkins Dickstein, Shapiro, Morin & Hon. Richard Cudahy Eric Rinehart Oshinsky, L.L.P. U.S. Court of Appeals for the Schopf & Weiss Warren Peter Werner Jeffrey Seventh Circuit Snell & Wilmer, L.L.P. Cooley Godward, L.L.P. Elizabeth Pelletreau Christopher Rohrbacher U.S. Department of State Hamilton H. Hill Hon. Marvin E. Aspen CALIFORNIA Anne Fortune Wickers Bartlit, Beck, Herman, U.S. District Court for L.L.P. Ryan Phair Los Angeles Pillsbury Winthrop, Palenchar & Scott Northern Illinois Kirkland & Ellis Grace Chang COLORADO Uzma A. Sattar Franklin Rubinstein Jeffrey Hoffenberg Quinn, Emanuel, Urquhart, Denver Goldberg, Kohn, Bell, Black, Jenner & Block Fried, Frank, Harris, Shriver & Oliver & Hedges, L.L.P. Rosenbloom & Maritz, Ltd. Bradley T. Smith Jacobson Christopher Shannon John Durrant Hon. David Ebel David E. Hollar Kirkland & Ellis D. D. Sokol Paul, Hastings, Janofsky & Walker U.S. Court of Appeals for the Hon. Diane Wood Swidler Berlin Shereff Pratibha J. Shenoy Tenth Circuit U.S. Court of Appeals for the Krista Hernandez Friedman, L.L.P. Kirkland & Ellis Seventh Circuit Gibson Dunn & Crutcher DELAWARE Ryan Tisch Sherrill Sara Hornstra Benjamin David Ho Georgetown Crowell & Moring, L.L.P. Sidley, Austin, Brown & Wood Schiff Hardin & Waite Irell & Manella, L.L.P. Averardo P. Pascarella Gwendolyn Wilber Samuel Soloveichik Hon. P. Lamb Mark Izraelewicz Amir Kahana Stephen Foley Hoag & Eliot, L.L.P. Skadden, Arps, Slate, Meagher Delaware Court of Marshall Gerstein & Borun Gibson Dunn & Crutcher Chancery &Flom FLORIDA Johnathan McDermott Katz Mary Wilmington Boca Raton Peter Steffen Sidley, Austin, Brown & Wood Skadden, Arps, Slate, Meagher Lovells John D. Hendershot &Flom James Chandler Eugene Kontorovich Richards Layton & Finger Scott Sullivan Hodgson Russ Barr, L.L.P. Hon. Richard Posner Anita McLane Latham & Watkins DISTRICT OF COLUMBIA U.S. Court of for the Gibson Dunn & Crutcher Jacksonville Appeals Seventh Circuit Joshua G. Urquhart Charitha F. Amerasinghe Enoch J. Minn Brooke May Sidley, Austin, Brown & Wood Latham & Watkins Katherine Kraus Goldman Sachs & Company Hon. Gerald Tjoflat Hon. Frank Easterbrook Jennifer J. Wright Marc J. Blitz U.S. Court of Appeals for the Jaewon Ryu U.S. Court of Appeals for the Hon. Milton I. Shadur Wilmer Cutler & Pickering Eleventh Circuit McDermott Will & Emery Seventh Circuit U.S. District Court for Wesley B. Brown Jeffrey Truitt Northern Illinois Michael D. Scott Cameron Krieger Cleary. Gottlieb, Steen & Hamilton Navy Judge Advocate General's Skadden, Arps, Slate, Meagher Latham & Watkins KENTUCKY &Flom Irene J. Chase Miami Margaret Lavanish Louisville Covington & Burling WendyWu Latham & Mary Swietnicki Watkins Michael Edney Austin Brown & Sidley Wood Christensen Hon. K. Michael Moore Bryon Gene W. Lee Hon.DannyJ.Boggs Skadden, Arps, Slate, Meagher U.S. District Court for Menlo Park McAndrews Held & Malloy, Ltd. U.S. Court of Appeals for the &Flom Southern Florida Sixth Circuit Brian D. Lee Noah Lipschultz Yun Jae Chun ILLINOIS Venture Law Group Seyfarth Shaw Joshua H. Fairfield Lewis & Bockius Morgan Chicago Hon. DannyJ. Boggs David Wride Tiphani Mack Bryan Eder U.S. Court of Appeals for the Gunderson, Dettmer, Stough, Affan Arain Jones, Day, Reavis & Pogue Dechert Price & Rhoads Sixth Circuit Villeneuve, Franklin Sidley, Austin, Brown & Wood Michelle McGuinness & Hutchinson, L.L.P. Natasha Gianvecchio LOUISIANA James C. Blenko Katten Muchin & Zavis Latham & Watkins Lafayette Palo Alto Hon. Rebecca R. Pallmeyer Bruce McKee Susan Gihring U.S. District Court for Jeremiah Goulka Thomas D. Bradshaw Katten Muchin & Zavis Steptoe & Johnson, L.L.P. Northern Illinois Hon. W. Eugene Davis Cooley Godward, L.L.P. Elizabeth McRee U.S. Court of for the Eduardo Herszkowicz Hortensia Carreira Appeals S. Brenna Jones, Day, Reavis & Pogue Fifth Circuit Findley Arnold & Porter Winston & Strawn Heller, Ehrman, White & McAuliffe Elizabeth Morlock Marni Karlin Scott Hessell Michael Andrew Clark Daniel Lin Hon. Frank Easterbrook Hon. John M. Duhe Hon. Karen LeCraft Henderson Seyfarth Shaw Skadden, Arps, Slate, Meagher U.S. Court of Appeals for the U.S. Court of Appeals for the U.S. Court of Appeals for the &Flom Andrew Cohen Seventh Circuit Fifth Circuit District of Columbia Baker & McKenzie D. McBean Adam Mossoff New Orleans Courtney Elizabeth A. Its Brown De Alencar Wilson, Sonsini, Goodrich *Rodrigo Northwestern University School Dewey Ballantine, L.L.P. Adrianne K. Wiechens & Rosati Mayer Brown & Platt of Law Bret Hon. W. Eugene Davis Koplow Mereke Decker Monahan James A. Nickolas U.S. Court of for the Stacy Patton L.L.P. Appeals Boggs, Latham & Watkins Fenwick & West, L.L.P. J.P. Morgan Chase Fifth Circuit Prieto Matthew D. Hill Katherine Smith Lazarski Jeremy Bates NEW MEXICO *Leonidas Thacher & Bartlett & Luce, L.L.P. Foley & Lardner Hon. Jacques L. Wiener Santa Fe Simpson Hughes U.S. Court of Appeals for the Javier Martinez Martha Tsuchihashi Scott Fuqua Mairav Rothstein Fifth Circuit & Ellis & Luce, L.L.P. & Lardner Hon. Pamela B. Minzner Kirkland Hughes Foley Jennifer DePalma New Mexico Supreme Court *Ralph Sapoznik Daniel Morenoff WEST VIRGINIA Hon. Edith Brown Clement Gibson Dunn & Crutcher Hughes & Luce, L.L.P. Charleston NEW YORK U.S. Court of Appeals for the Adam Mortara Fifth Circuit Brooklyn Michael Schaper Heidi Oertle Patrick E. Debevoise & Plimpton Hon. Higginbotham Hon. Joseph R. Goodwin Adam Rappaport for MARYLAND U.S. Court of Appeals the U.S. District Court for Southern Hon. David G. Charles Trager Schlangen Fifth Circuit Baltimore West Virginia U.S. District Court for Simpson Thacher & Bartlett Theodore C. Liazos Eastern New York Houston Adam Singer INTERNATIONAL Hon. Diana Motz Monica E. Ryan Cadwalader Wickersham & Taft Andrew S. Hicks U.S. Court of Appeals for the ARGENTINA Hon. Reena Raggi Vinson & Elkins, L.L.P. Fourth Circuit Emma Sobol Buenos Aries U.S. District Court for Paul, Weiss, Rifkind, Wharton Gordon Mead Greenbelt Eastern New York Luciana Chamberlain & Garrison Hon. Jerry E. Smith Alfar Abogados McCaskill U.S. Court of Appeals for the Lindsay New York City Daniel Spector Hon. Peter Messitte Fifth Circuit CHINA Matthew Adler Willkie Farr & Gallagher Court for U.S. District Maryland Paul B. Moore Hong Kong Shearman & Sterling Matthew Stevens & L.L.P. MASSACHUSETTS Fulbright Jaworski, R. Thomas R. Banks Skadden, Arps, Slate, Meagher Christopher Wang & Flom Shearman & Sterling Boston Morgan Stanley & Co., Inc. Leif A. Olson Hon. Lynn Hughes *Yin Christine M. Griffin *Robert Benedikt *Francisco Ugarte Wang U.S. District Court for Southem Texas Baker & MacKenzie Palmer & Dodge, L.L.P. Sullivan & Cromwell Sherman & Sterling Andrew R. Swartz Sarah Joss Salvatore Bianca Xiaodong Yi DENMARK Hon. Melinda Harmon Foley Hoag & Eliot, L.L.P. L.L.P. Sullivan & Cromwell han Dewey Ballantine, U.S. District Court for Southem Texas Copen Sara Pildis Victor Chiu *Oscar Zarhi Christine Aaris Petersen & L.L.P. Thacher & Bartlett Irving Foley Hoag Eliot, Cleary. Gottlieb, Steen & Hamilton Simpson Department of Justice Daniel R. Liljenquist Mary Pixley Alicia Clifford OKLAHOMA GERMANY Bain & Inc. Goodwin Procter, L.L.P. Company, Latham & Watkins Oklahoma City Frankfurt Brian Prestes VIRGINIA Candace T. Dohn Banks William B. Pittard IV *Thomas Meiers Hon. Sandra Lynch L.L.P. Alexandria Dewey Ballantine, Hon. Robert Henry Freshfields Bruckhaus Deringer of for the U.S. Court Appeals U.S. Court of Appeals for the *Jose Miguel Carvajal Jonathan F. Mitchell First Circuit Tenth Circuit JAPAN Duhart Hon. J. Michael Luttig R. U.S. Court of for the Tokyo Jeffrey Yousey Cleary Gottlieb Steen & Hamilton Ariel Waldman Appeals L.L.P. Fourth Circuit Goodwin Procter, Hon. Robert Henry *Tomotaro Higashi David Erroll U.S. Court of Appeals for the Tomen Corporation Worcester Cadwalader Wickersham & Taft Charlottesville Tenth Circuit *Gaku Ishiwata Marissa Piropato Sorin Feiner Stephanie Smith OREGON Mori Sogo Law Offices Hon. Nathaniel Gorton Kirkland & Ellis Hon. James Harvie Wilkinson III U.S. District Court for Portland U.S. Court of Appeals for the *Ryota Tokida Karen Fried Fourth Circuit Massachusetts Katherine Wood The Norinchukin Bank Milban Tweed Hadley & McCloy Stoel Rives, L.L.P. MINNESOTA McLean KOREA Madhu Goel Minneapolis Hon. George B. Daniels PENNSYLVANIA Dan Dreger *Jong-Yun Kim Martin Chester U.S. District Court of Philadelphia Hogan & Hartson Samsung Corporation Legal York Hon. John Tunheim Southern New Department Kenneth R. Eiferman Richmond U.S. District Court for Hermine Hayes-Klein Woodcock, Washburn, Kurtz, MEXICO Minnesota Alvarez Proskauer Rose, L.L.P. Mackiewicz & Morris, L.L.P. Santiago Hunton & Williams Mexico City Christopher R. Hilberg Valerie Hletko Gregg Nunziata * Wolff & Donnelly Elena Ellison Alejandro Alcala Gerez Oppenheimer Weiss, Rifkind, Wharton & Dechert Price & Rhoads Paul, de S.A. Hunton & Williams Banco Nacional Mexico, Belinda L. Mathie Garrison PURETO RICO James B. Loken Matthew D. Green SWITZERLAND Hon. Kristin H. Johnson San Juan U.S. Court of Appeals for the Hunton & Williams Geneva Simpson Thacher & Bartlett Eighth Circuit Pasarell Shelby Katherine Laxton *Dario Ronete T. Karasick Nikolic Hon. Juan Torruella Hunton & Williams & Wittmer MISSISSIPPI Slate, Schellenberg Skadden, Arps, Meagher U.S. Court of Appeals for the Jackson & Flom First Circuit WASHINGTON Basel Melissa G. Liazos Christopher L. May Seattle SOUTH CAROLINA *Oliver HuegJi Hon. E. Grady Jolly Fish & Neave Charleston Jonathan M. Becker Wenger Plattner U.S. Court of Appeals for the *Alan Messer Hon. Ronald M. Gould Fifth Circuit Andrea McCann UNITED KINGDOM Debevoise & Plimpton U.S. Court of Appeals for the Nelson Mullins Riley & London NEBRASKA Ninth Circuit Enoch J. Minn Scarbrough, L.L.P. Vivek Jain Lincoln Goldman Sachs Alina McLauchlan & TEXAS Gates & L.L.P. Allen Overy Skiermont Preston Ellis, Paul Jose A. Monge Dallas Hon. C. Arlen Beam April Li Zurcher, Montoya & Zurcher WISCONSIN U.S. Court of Appeals for the Allen & Overy Carl Baggett Milwaukee Circuit Jonathan Morrill Eighth Carlson Capital, L.P. Masaki Yoshino Debevoise & Plimpton John Murphy Simmons & Simmons John Byars & Lardner *Veerle Foley Nuyts Weil, Gotshal & Manges, L.L.P. Wachtell Lipton Rosen & Katz Jon Heath Dixon Hughes & Luce, L.L.P. MESSAGE FROM THE DEAN

offer diverse experiences and it well. But the more we think us from Northwestern, where he

ideas, we cannot pretend that we can gain from experiment­ was that law school's assistant

we offer multiple brands such ing with new ways of teaching, dean for development and

that each customer will find one from new lines of scholarship, alumni relations, and he comes

that is just perfect. Ours is a and from new strategies for here eager to share our priorities small, careful, focused place that making law school enjoyable and values. I feel in safe and needs to improve each day, even and inspiring, then the more we energetic hands when talking

as it excels at things it has done should experiment boldly. with him about our Law School's

for almost one hundred years. future. Several courses and Our faculty is fortunate to be in lecturers will debut this autumn, One way to walk this line between the business of substance rather and a new class of students will improvement and traditional than form. We want our work arrive, as well, some of whom I excellence is to explain what to be found more interesting by met during last spring's admitted the tightrope a new we do, telling the truth about more careful readers, and we students' weekend and a few of ConsiderDean at the University of what we do well and about want the most demanding whom I met on recent trips. As Chicago Law School must walk. what we could do better. To students, who will appreciate for the earlier arrivals, I hope it is On the one hand, a great law take an easy example, if we the effort we put into our enough to say that our students school must move forward by learn that some excellent courses and our work. Similarly, remain eager and talented, our anticipating change, inspiring applicants fail to come our way I want to be able to tell you faculty is as intense and new generations of students because they perceive that our how we are different from other interesting as ever, and our staff with new ideas and new courses, curricular offerings are less great law schools, and how the is professional and fearless. As encouraging faculty research in extensive than those of our resources that we gather and I begin to meet our alumni and new directions, offering programs peer schools, then we need to expend will be wisely invested our entering students, I can see previously unimagined but built be honest about our belief in in products that make us all that the Chicago tradition of on familiar foundations, and teaching fundamentals. If we proud. I hope to tell you these respect for ideas, imagination, distinguishing itself from think that expanding our things in person, in future hard work, and insight extends worthy competitors. On the curriculum with new courses in letters, and in more frequent to every office, home, business, other hand, every suggestion such things as intellectual issues of the Record. But in all and library carrel in which there and change encouraged by property, feminist theory, and these settings I plan to tell you is found a U of C Law alum or a new dean runs the risk of international taxation makes the truth about what it takes to student. On a single day during displacing something tried and sense for our educational mission, sustain this great Law School a recent trip I met alumni who true, alienating friends who think then as these subjects appeal and about how we will go talked about competing that the Law School is terrific to our faculty, or perhaps to about making it even better. It is biographies of FOR, the effects (as it surely is) and in no need visiting faculty whose work we and must be a place where you of deregulating point-shaving in of change, and disturbing the admire, we will of course enrich would wish that you could come college basketball, the likely chemistry that makes ours a our curriculum accordingly. But back for another three years. effects of electoral college reform unique and intense community. a more complete honest And it must always be a place on local political corruption, the answer is that we will never that makes you proud long small Manufacturers of consumer strategies pursued by have the array of courses that beyond the years spent here. and the uneven products face the same choices, start-up museums, many schools do. We offer instead enforcement of one might say, but at least they In future correspondence I immigration a more intimate intellectual law. I cannot that can develop "new and improved" intend to inform you about the imagine any community and a greater other school would claim that products even as they continue state of the Law School, about likelihood that each and every its are as well-informed to offer the old successful ones new faces and old hands, and graduates course is rigorous, interesting, and as as ours. With to satisfied consumers. Our about new programs and interesting and integrated with our other these sort of we must Law School is no conglomerate, strategies. Along these lines, alumni, offerings. Other examples may, capable of "marketing" slightly I am pleased to report that as I be doing something right! perhaps, flatter us less, but the of those different brand images. We rise write this column our new Meanwhile, it is the job principle is the same. The more of us who work at the Law (and fall) and are sustained by associate dean for external confident we are that we are the scholarship and education affairs, Jon Stern, is moving in School to turn out graduates as doing the very best for our as who we produce, and while we can across the hall. Jon comes to interesting you preceded students even as we pursue them-and to report to you in insightful research about law this Record and elsewhere how with integrity and ingenuity, we are going about that task. then the more we should explain

what we do and continue to do NON-PROFIT THE LAW SCHOOL ORGANIZATION The University of Chicago u.s. POSTAGE P A I 0 60th Street 1111 East PERMIT NO. 87 Chicago, Illinois 60637 MT PROSPECT, IL

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