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Lawquadranglenotes LAWQUADRANGLENOTES 49.3 • SPRING • 2007 • SPECIAL SECTION: Conferences showcase the breadth and reach of the law • NEW SECTION: Campaign Report • A measure of honor –Mark D. West • Amending Executive Order 12866 –Sally Katzen The University of Michigan Law School Volume 49, Number 3 SPRING 2007 On the cover: The tower of Michigan Law’s Reading Room If you are a Law School graduate, seen through a window of the renowned Law Library. The please send your change of address to: Legal Research Building is ranked 94th of 150 of America’s best-loved architectural sites in a recent survey conducted Law School Development and Alumni Relations for the American Institute of Architects. The survey put 109 East Madison Michigan Law’s treasured building, designed by the firm of York & Sawyer and built in the first half of the 20th century, Suite 3000 on a list with gems like the National Cathedral, Lincoln Ann Arbor, MI 48104-2973 Memorial, Washington Monument, and Golden Gate Bridge. Phone: 734.615.4500 (Photo by Sam Hollenshead) Fax: 734.615.4539 E-mail: [email protected] Copyright © 2007 The Regents of the University of Michigan. All rights reserved. Law Quadrangle Notes (USPA #144) is issued by the Non-alumni readers and others should address: University of Michigan Law School. Postage paid at Ann Arbor, Michigan. Publication office: Editor Law Quadrangle Notes, University of Michigan Law Quadrangle Notes Law School, Ann Arbor, MI 48109-1215. B38 Hutchins Hall Published three times a year. Ann Arbor, MI 48109-1215 Postmaster, send address changes to: Phone: 734.647.3589 Editor, Law Quadrangle Notes Fax: 734.615.4277 University of Michigan Law School E-mail: [email protected] B38 Hutchins Hall Ann Arbor, MI 48109-1215 www.law.umich.edu Faculty Advisors: Steven P. Croley, Edward Cooper, and Yale Kamisar Editorial Consultant: Catherine Cureton Editor/Writer: Tom Rogers Writers: Becky Freligh, Jeff Mortimer, Sarah Vinka Director of Publications: Lisa Mitchell-Yellin Design: Laura Jarvis Photo Credits: Gregory Fox; Sam Hollenshead; University Photo Services (Lin Jones, Scott Galvin, Martin Vloet) The University of Michigan, as an equal opportunity/affir- mative action employer, complies with all applicable federal and state laws regarding nondiscrimination and affirmative action, including Title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973. The University of Michigan is committed to a policy of nondis- crimination and equal opportunity for all persons regard- less of race, sex*, color, religion, creed, national origin or ancestry, age, marital status, sexual orientation, disability, or Vietnam-era veteran status in employment, educational programs and activities, and admissions. Inquiries or complaints may be addressed to the Senior Director for Institutional Equity and Title IX/Section 504 Coordinator, Office for Institutional Equity, 2072 Administrative Services Building, Ann Arbor, Michigan 48109-1432, 734.763.0235, TTY 734.647.1388. For other University of Michigan information call 734.764.1817. *Includes discrimination based on gender identity and gender expression. The Regents of the University of Michigan Julia Donovan Darlow, Ann Arbor Laurence B. Deitch, Bingham Farms Olivia P. Maynard, Goodrich Rebecca McGowan, Ann Arbor Andrea Fischer Newman, Ann Arbor Andrew C. Richner, Grosse Pointe Park S. Martin Taylor, Grosse Pointe Farms Katherine E. White, Ann Arbor Mary Sue Coleman (ex officio) LAWQUADRANGLENOTES SPRING 2007 2 A MESSAGE FROM THE DEAN 4 SPECIAL SECTION: The breadth and reach of the law In rich realization of Oliver Wendell Holmes Jr.’s view of law as “a path to the world,” Michigan Law’s conferences and symposia use law as the key to open doors to subjects ranging from child advocacy to intelligence gathering and the state of our democracy. 30 NEW SECTION: Campaign Report • A new section to keep you informed about the Law School’s fundraising initiative. • Welcome • John Nickoll meets challenge to endow professorship • George Skestos honors his parents (and professors) with new faculty chair pages 4–29 48 ALUMNI • Alumni directory work approaches completion • Brian O’Neill, ‘74: The wheels of justice are stuck • New Dean’s Advisory Council links Michigan Law, legal profession 70 FACULTY • • Faculty adopts new admissions policy • Reimann, co-editor assay the ‘state of the art’ of comparative law • New books by Santacroce, West 78 BRIEFS • Campbell Moot Court final decision • MLK Day speaker: Injustice must be confronted • Microsoft VP: Governments lead international decision making 88 ARTICLES • A measure of honor –Mark D. West People in Japan sue despite low damages—and win—over some things that sound rather silly. The rules increase people’s chances of winning, but even if they had a 100 percent chance of success, shouldn’t they be able to get over it? • On amending Executive Order 12866 –Sally Katzen pages 30-47 During the last six years, there has been a slow but steady change in the process by which regulations are developed and issued—specifically, in the balance of authority between the federal regulatory agencies and the Office of Management and Budget. LQN SPRING 2007 1 A message from Dean Caminker “Measure twice, cut once.” While this Notes), a distinguished 170,000-square- the designed structure would have partly is perhaps not the most well-known of foot expansion featuring a glass-roofed been built on top of the underground proverbs, it’s precisely what we do as piazza, would have met most of our library and would also have required lawyers. We view a problem from all space needs in a most elegant manner. gutting heavily-used areas such as the sides and perspectives, we anticipate Unfortunately, it also would have part of our basement dedicated to every possible argument and counter- required a financial investment that was student organizations, many important argument, and we develop a nuanced sobering even at that time, $135 million, components of the current buildings strategy for trial or negotiation before and which has since ballooned via would have been off-limits for extended we embark on a course of action. construction cost increases to over $175 periods of time. With our Library ranked So it should come as no surprise that million, with further significant annual among the best in the world and our we at Michigan Law heeded the sage increases in the offing. This was clearly student organizations among the most counsel of this proverb when it came stretching the School’s capacity, notwith- active anywhere, effectively shutting to moving forward on our building standing the support of many generous down those and other operations for expansion project. To be sure, the Quad alumni and friends who have already months at a time would have seriously is architecturally grand and inspiring, but invested in the building expansion. compromised the quality and integrity of its 80-year-old interior spaces demand Cost alone encouraged us to measure the Michigan Law experience. rejuvenation and enhancement to twice before committing to such an Just as important as the difficult underscore our position as a truly world expensive project, but we also reex- construction schedule was the issue of class law school. As you may recall, amined a number of other, critically opportunity costs and competing priori- we have a broadly acknowledged and important factors. One was an expected ties. Our stature as a world-class law increasingly compelling need for more six-year construction cycle, which school is heavily dependent on attracting and different kinds of space, including presented three separate problems. and retaining prominent faculty and First, we couldn’t qualified staff, providing financial aid to We have revisited our initial objectives and so much as break talented and deserving applicants, and assumptions, examined how those objectives had ground for the developing resources so we can seek out evolved in the intervening years, and ultimately project until a and pursue exciting and fruitful teaching significant portion and service opportunities. With the arrived at what I believe are achievable ways of of the funding was lion’s share of our financial resources having a profound impact on the School and the very in hand, which directed toward a new building, it would special educational experience we offer. would have left not be possible to address these other our current space vitally important priorities in a way modern classrooms and seminar rooms, needs unaddressed for quite some time. befitting the University of Michigan Law a student gathering place, faculty offices, Second, a lengthy construction cycle School. That, I felt strongly, was not an clinical law student and faculty space, would have been disruptive to students, acceptable option. student study areas, and other uses. In faculty, and staff for intolerably long Finally, we also took time to consider the School’s initial attempt to meet these periods. Particularly in today’s highly the way in which the University is space needs, we consulted with architect competitive admissions environment, changing around us even as I write this Renzo Piano with the idea of building I didn’t want three or more incoming message. The Law School is no longer an addition to the Law Quadrangle classes to experience the Quad only the southern gateway to the academic contained within the block where while its beauty was obscured by campus; that distinction now belongs to it currently stands. Piano’s concept functionally limiting and unsightly the newly-built home of the Gerald R. (previously featured in Law Quadrangle construction projects. And third, since Ford School of Public Policy, one block 2 LQN SPRING 2007 south of us at the corner of State and of having a profound impact on the Hill Streets. And with the expansion of School and the very special educational the University’s frontier once again, as experience we offer.
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