Working for Justice in Cambodia Library's Rare Book Collection

THE MAGA ZINE OF NORTHWESTER N UNIVERSIT Y SCH OOL O F LAW

VOLUME II NUMBER 1 FALL 2013

Working for Justice in Cambodia

Library’s Rare Book Collection

Martins Make $10 Million Gift

Chapmans Fund Chaired Professorship Northwestern Law Reporter Fall 2013, Volume II, Number 1

Dean and Harold Washington Professor Daniel B. Rodriguez

Associate Dean of Enrollment, Career Strategy, and Marketing Donald L. Rebstock

Associate Dean for Development and Alumni Relations Jaci Thiede

Assistant Dean of Marketing and Communications Kirston Fortune

Director of Alumni Relations Julie Chin

Director of Marketing and Communications Kathleen Gleeson

Senior Designer Mary Kate Radelet

Contributing Writers Jerry de Jaager, Kirston Fortune, Kathleen Gleeson, Tracy Marks, Jennifer West

Contributing Photographers Randy Belice, Andrew Campbell, Teresa Crawford, Lloyd DeGrane, Evanston Photographic Studios, Jennifer Linzer, Marc Piscotty Photography, Mary Kate Radelet, Sally Ryan, Jasmin Shah, Juliet Sorensen, Tim Weng Cover photo and photos on pages 24-29 courtesy of the Extraordinary Chambers in the Courts of Cambodia. Photo on page 20 from Associated Press (AP Photo/ Belleville News-Democrat, Derik Holtmann, File). Photo on page 26 from Associated Press (AP Photo/Scott Eisen).

The editors thank the faculty, staff, students, and alumni of Northwestern University School of Law for their cooperation in this publication.

Opinions expressed in the Northwestern Law Reporter do not necessarily reflect the views of Northwestern University School of Law or Northwestern University.

Update Your Address Email [email protected] Web www.law.northwestern.edu/alumni Phone 312.503.7609 US Mail Northwestern University School of Law office of Alumni Relations and Development 375 East Chicago Avenue Chicago, Illinois 60611 Find us online at www.law.northwestern.edu

VOLUME II NUMBER 1 FALL 2013

4 6 10 26

FEATURES

4 Martins Make $10 Million Gift 22 J. Landis “Lanny” Martin (JD ’ ) and his wife, Sharon, make a million unrestricted gi to help the Law School implement innovative strategies.

DEPARTMENTS 6 Paying It Forward

Howard (JD ’) and Betsy Chapman establish a professorship focused 2 From the Dean in business law, trial advocacy, or trust and estate law. 3 Noteworthy

18 Clinic News 8 Searle’s New Direction 30 Faculty Focus Under the leadership of new director, the Searle Center on Law, Faculty News Regulation, and Economic Growth launches a series of new New Faculty research initiatives. Faculty Publications

46 Alumni Notes 10 A Hidden Treasure Alumni News Professor Emily Kadens examines a few of the gems in the Pritzker Alumni Proles Legal Research Center’s rare book collection. Class Notes In Memoriam

26 Justice for Cambodia 60 Closing Remarks

Professor David Scheer and his students work year-round to bring justice to the people of Cambodia. FROM THE DEAN

am pleased to present to you the latest issue of the Northwestern Law Reporter. This third issue highlights the extraordinary work of our students, faculty, and alumni. Covering a wide subject terrain, you can see the breadth of the work of our law school community. INorthwestern Law School is engaged in a remarkably diverse body of activities and we are delighted to share some of this work with you. I hope you will take special note of the impressive work of our faculty, some description of which is contained in this issue of the Reporter. Through its distinguished scholarship, exemplary teaching, and public service, our faculty is carrying the ag for Northwestern Law and, more to the point, is setting just the right example for our remarkable students. These law teachers are contributing in meaningful ways to the legal profession and we are proud of their superb service. To say that the legal profession is facing difcult challenges is rapidly becoming a trite phrase. A more nuanced, and certainly more helpful, way to put the point is to say that the legal profession and legal education share in common the essential responsibility to re ect candidly upon what changes should be made to improve the way we respectively do business. Stakeholders expect change; and change requires careful thought and deliberate strategies. Such strategies require that we in law schools put our heads together to consider how best to advance the objective of a high-quality, efcient legal education. We should attend to both curriculum and cost. At Northwestern Law School, we are doing our part in this endeavor. We are looking anew at our academic program and, with the development of our strategic plan (the details of which will be featured in the next issue of this magazine), at ways to educate our students to be ethical, professional sophisticated lawyers—and, indeed, leaders—in this dynamic, evolving profession. We are also looking closely at our economic model and our enrollment structure to ensure that we are providing exemplary instruction to students at the most efcient level and with due attention to student debt load and its impact on graduates’ well-being. We do not expect to nd a panacea; and the kind of radical critique of current legal education that often frames the debate about whether legal education is “worth it,” more often obscures than illuminates. But we should come to agreement on this central point: The nation’s great law schools—and Northwestern Law is one of those great law schools—must adapt in order to improve and must strive to excellence by cogent planning and honest self-re ection. I welcome our many stakeholders into this vital discussion. I welcome your advice and your input. You can reach out to me at daniel.rodriguez@ law.northwestern.edu. I also encourage you to read my blog, Word on the Streeterville, which can be found at deansblog.law.northwestern.edu.

Daniel B. Rodriguez Dean and Harold Washington Professor

2 | NORTHWESTERN LAW REPORTER NOTEWORTHY

Law School Launching Master of Science in Law Degree Program

e legal marketplace is in a period of students will be able to complete the degree patenting inventions, assessing patent transition, and legal education is evolving in nine months of full-time study or – eligibility, intellectual property portfolio as well. As an innovator in the delivery of months of part-time study. management, and the choice between legal education, Northwestern Law is deeply “ese individuals are not interested trade secrets and patents; and seriously engaged in developing cur- in practicing law,” said Leslie Oster, • law and entrepreneurship, which will clinical associate professor focus on the issues and opportunities of law. “e legal and busi- involved in bringing an idea from ness training they receive conception to market, including law will help them be better at and the entrepreneur, project finance, what they are doing with employment law, issues in business for- their technical training. mation, business strategy, and business e MSL will impart tools analytics; and and skills that will allow students to navigate the • regulatory strategy and standard-setting, unique legal, business, and which examines regulatory strategy, stat- regulatory contexts in which utory interpretation, federal regulatory they operate.” agencies, standard setting, regulatory Program curriculum analytics, and data security and privacy. Emerson Tiller will consist of courses designed specically for “Science, engineering, and medicine are ricular enhancements to our traditional JD MSL students—a core of basic classes that key drivers of the United States and world and LLM programs, as well as creating new includes contract law and design; liability, economies,” said Emerson Tiller, J. Landis initiatives to meet emerging needs. risk, and insurance; business associations Martin Professor of Law and Business Professionals with scientic, engineering, and medical backgrounds work in an increasingly complex legal and regulatory “Skills acquired in the Master of Science in Law program will landscape. Success in this environment requires more than just technological allow professionals to communicate and interact across disciplines knowledge—leaders must understand how and professions, to recognize obstacles and risks, and to visualize the pieces t together across the enterprise to facilitate work ows and avoid potential opportunities for innovation and entrepreneurship.” legal and regulatory problems. —EMERSON TILLER Entrepreneurs with training in the science, technology, engineering, and math (STEM) disciplines benet from gaining and tax; negotiations; alternative dispute and associate dean of academic initiatives. an understanding of elements of busi- resolution; writing, communication, nan- “Skills acquired in the MSL program will ness law as well. For example, they oen cial and presentation skills; and regulation allow professionals to communicate and must develop and protect their intellectual and legislation. interact across disciplines and professions, property in order to successfully bring their Building upon the core will be special- to recognize obstacles and risks, and to products to market. ized elective classes and experiential activi- visualize opportunities for innovation and To meet this need Northwestern Law ties in three interrelated concentrations entrepreneurship.” n School will establish the Master of Science that will allow students to tailor a course of in Law (MSL) degree to provide practical study that meets their specic needs: legal training for STEM-trained profession- For additional information about the Master als and entrepreneurs. e rst cohort of • patents and intellectual property of Science in Law program, visit the website MSL students will begin in Fall , and design, where students will learn about at www.law.northwestern/msl.

FALL 2013 | 3 NOTEWORTHY

Lanny and Sharon Martin Give $10 Million Unrestricted Gift

A commitment to Northwestern Law’s innovative strategies prompted J. Landis “Lanny” Martin (JD ’ ) and his wife, Sharon, to make a million unrestricted gi to the school. Lanny Martin hopes the gi will “help Northwestern Law continue to provide the legal education that is integral in developing highly capable critical thinkers.” “I’ve been very close with the last four deans, and over the years Northwestern Law has increased its stature in academic excellence,” said Martin. “is gi serves as a wonder- ful opportunity to give back to an institution that has been a great motivation to me in my career.” A member of Northwestern University’s Board of Trustees and the Law Board, Martin says his experiences in law and business are integral to his role in advising and supporting Law School and University leaders. Martin’s eclectic professional portfolio embodies the entrepreneurial careers for which Northwestern Law prepares students. Aer success as a law rm associate and then partner and member of the executive and rm committees at Kirkland & Ellis, Martin transitioned into business, where he has led many companies that span multiple industries. “I loved the practice of law and I enjoyed the corporate work in helping clients with mergers and acquisitions and crisis management,” he said. “at’s what initially piqued my interest in business and got me thinking about getting involved with corporations.” In Martin founded Denver-based Platte River Equity, a private equity investment rm focused on small- and middle-market operating companies; he currently serves as managing director. He is lead director of Halliburton Company and a founding director

4 | NORTHWESTERN LAW REPORTER J. Landis “Lanny” (JD ’73) and Sharon Martin at their home in Denver. and chairman of the board of Crown Castle and student programming and activities. International Corporation, a leading independent “Gis like this one go a long way toward enrich- owner and operator of wireless communication ing opportunities for our students, improving sites. He is also a member of the board and lead the already-high academic reputation of the Law director of Denver-based Intrepid Potash and of Apartment Investment Management Company, “Gifts like this one go a long way toward enriching opportunities for our students, one of the nation’s largest improving the already-high academic reputation of the Law School, and undertak- owners, operators, and managers of apartments. ing innovations that will prepare our students to become leaders in the profession.” Sharon Martin earned —DE AN DANIEL B. RODRIGUEZ her bachelor’s degree from Denison University, where she served for a decade as a trustee. She has been a School, and undertaking innovations that will leader in the Denver arts and education commu- prepare our students to become leaders in the pro- nity for more than years. fession,” said Dean Daniel B. Rodriguez. “We are Unrestricted gis such as the Martins’ provide thrilled about this unrestricted support of our Law the Law School with the exibility to fund impor- School and are committed to using these funds tant initiatives and programs, including nancial responsibly and ambitiously to bring Northwestern aid, classroom and facilities upgrades, faculty hires, Law to the highest level of excellence.” n

FALL 2013 | 5 NOTEWORTHY

Howard (JD ’58) and Betsy Chapman at the Allen County Courthouse in Fort Wayne, Indiana.

6 | NORTHWESTERN LAW REPORTER Howard and Betsy Chapman: Paying It Forward

For Howard Chapman (JD ’), giving back is as much a he helped establish the rm of Bonahoom, Chapman & privilege and an honor as it is an obligation. Chapman, McNellis, which merged in with Barrett, Barrett who attended Northwestern on an academic scholar- and McNagny to form Barrett & McNagny. Chapman ship, will always be grateful for the opportunity to was a partner at that rm until he became of counsel study law without worrying about nances. in . Along the way, he served as president of the “When I really needed help, the scholarship was Allen County (Indiana) Bar Association and was on the crucial for both starting and completing my studies,” boards of the Watereld Mortgage Company and the he said. Union Federal Bank of Indianapolis. Now, more than ve and a half decades later, Betsy, a musician, has coauthored three musical plays Chapman and his wife, Elizabeth (Betsy), have made a for children, which have been performed nationally, million gi to the Law School to establish a chaired and she has served on the boards of numerous com- professorship in their names. e endowment will munity and charitable organizations, including Arts promote scholarly work in business law, trial advocacy, United of Allen County and Fort Wayne’s Museum of trust or estate law, or a combination of these areas. Art, Civic eatre, and Philharmonic. “When we get into our later years it behooves us all to Together the Chapmans have made it a practice to give back if we are able to do so,” said Chapman, who give back and volunteer—activities they character- added that because Northwestern Law gave him “a really good grounding and foundation” for his law career, it is tting to return the “Great traditions, memories, and friendships were built when I was at the gesture by repaying the school. Academic scholarships allowed Law School. I was fortunate to soak up so much knowledge and experience Chapman to earn both his from seasoned professors who helped make me the lawyer I am today.” bachelor’s and law degrees at Northwestern, where he and Betsy —HOWARD CHAPMAN (JD ’58) met as undergraduates. ey were married shortly aer he gradu- ated in , and that fall he entered Northwestern Law. ize as their “pleasure and civic duty.” Close to home, Highlights of his three years as a JD student included a they established the Chapman Scholars Program and stint as associate editor of the Northwestern University the Chapman Distinguished Professorship in the Law Review and election to the Order of the Coif. Department of English and Linguistics at Indiana “Great traditions, memories, and friendships were University-Purdue University Fort Wayne. And before built when I was at the Law School,” said Chapman. “I Northwestern Law received the couple’s recent mil- was fortunate to soak up so much knowledge and expe- lion gi, they had already established the Howard and rience from seasoned professors who helped make me Betsy Chapman Law Scholarship Fund. the lawyer I am today.” “It is my hope that the scholarship fund gives the best Chapman’s long career in law began—and has and the brightest the opportunity to get an education at thrived ever since—in Betsy’s hometown of Fort Wayne, a top-tier law school,” said Chapman, speaking not just Indiana, where the couple moved aer Howard received as a proud alumnus with a distinguished career under his degree in . ere he joined Shoa, Keegan & his belt. As a onetime scholarship recipient himself, he Baird and was made a partner in . Seven years later believes in the power of paying it forward. n

FALL 2013 | 7 NOTEWORTHY

Searle’s New Direction

EMERGING INITIATIVES SHAPE NEW DIRECTOR: the larger academic community. I am very FUTURE CENTER RESEARCH MATTHEW L. SPITZER interested to see what Searle Center schol- One of the many unique things about On September , , Matthew L. Spitzer, ars produce in the future.” Northwestern is the Searle Center on the Howard and Elizabeth Chapman e Searle Center takes only one position Law, Regulation, and Economic Growth. Professor at Northwestern Law, assumed with respect to public policy: economic Established in , the Searle Center the directorship of the Searle Center. growth and economic eciency are good. As to how best to achieve growth and eciency, the Center takes no position. Instead, it supports research that is conducted in accordance with the highest standards—advanced analytic methods and empirical studies. Individual scholars associated with, and hosted by, the Searle Center are responsible for the research and position-taking that moves scholarship and public policy forward. Research in recent years has focused on intellectual property, including patent, copyright, and trademark; antitrust and trade regulation; internet, including search, neutrality, privacy, and commerce; entrepreneurship and innovation; health care; and environmental regulation and climate change. Conducting and participating in Searle Center programs are faculty from the Northwestern University School of Law, the Kellogg School of Management, and Northwestern’s Department of Economics, Matthew L. Spitzer, Director, Searle Center on Law, Regulation, and Economic Growth; as well as a broad array of prominent schol- Howard and Elizabeth Chapman Professor ars from other leading universities. conducts research into how government He is a nationally recognized law and QUALCOMM GIVES $2 MILLION regulation, and the interpretation of business scholar, and a recipient of the FOR PATENT RESEARCH laws and regulations by the courts, aect Ronald H. Coase Prize for excellence in Under Spitzer’s leadership, new initiatives business and economic growth. It has law and economics. are under way as well. Wireless technologies a dual mission—to study these issues “Matt’s extensive understanding of law company Qualcomm Incorporated gave and to communicate the results of the and business, as well as his commitment to the Searle Center million to establish the research to academic and policy thought the study of economic growth and e- Project on Innovation Economics, research leaders. e year will prove pivotal in ciency, will substantially expand the Searle that will investigate the role of patents in the history of the Center: a new director Center’s public reach,” said Dean Daniel incentivizing technological innovation. was appointed, and several new research B. Rodriguez. “e Center is well posi- “Technology is evolving in an increas- initiatives were launched, including a tioned thanks to his predecessor, Professor ingly complex legal environment,” said million dollar project—funded by wireless Max Schanzenbach, whose intellectual Spitzer. “Critics claim that patents may, in technologies innovator Qualcomm—to leadership moved the Center’s research some cases, limit technological advance- investigate the role of patents in incen- agenda forward and was crucial in helping ment. ere is a lot of discussion about tivizing technological innovation. strengthen relationships with donors and ‘patent thickets,’ ‘hold-up,’ and ‘royalty

8 | NORTHWESTERN LAW REPORTER research in this area. As a whole, these ele- MATTHEW L. SPITZER ments will generate new insights and pave A nationally recognized expert in the way for an understanding of the impor- law and economics, broadcast tant roles that patents and other types of regulations, and mass media law, intellectual property play in innovation. Matthew L. Spitzer is the direc- Additional key research areas include: tor of the Searle Center on Law, Regulation, and Economic Growth, • The Environmental Law and Policy pro- and Howard and Elizabeth Chapman gram focuses on research and education Professor at Northwestern regarding a broad range of issues involv- University School of Law. ing existing and emerging technologies Spitzer comes to the Searle and industries that are potential sources Center from the University of Texas of risks and benets to the environment. Dan Spulber, Research Director at the Searle Center and at Austin, where he served on the Elinor Hobbs Distinguished Professor of International Conferences in this research area are both the faculties of the School of Business and Professor of Management Strategy at the organized by David A. Dana, Kirkland Kellogg School of Management, will serve as academic Law and the McCombs School of director of the Project on Innovation Economics. & Ellis Chair, Northwestern University Business. While at the University School of Law. of Texas, he was the director of the stacking,’ and how these constructs could • The Competition, Antitrust, and Massey Prize in Law, Innovation, hinder innovation, but there is surprisingly Regulation program focuses on research and Capital Markets and the direc- little actual data out there. Our project will related to the law and economics of com- tor of the Center for Law, Business, create the needed data sets and allow the petition policy including both antitrust and Economics. critics’ claims to be tested.” and regulation. e primary research Prior to that he was professor e grant will make it possible for the event for this initiative is the Annual of social science at Caltech and Searle Center to create a series of related Conference on Antitrust Economics, professor of law at the University databases to collate information regarding now in its sixth year. Conferences in this of Southern California. From 2000 technology standards, standards organiza- research area are organized by William to 2006, he served as Dean of tions, and markets for patents. Professor P. Rogerson, professor of economics, the Gould School of Law at the Dan Spulber, research director at the Searle Northwestern University. University of Southern California. Center and the Elinor Hobbs Distinguished He began his academic career at • The Workforce Science Project exam- Professor of International Business and Northwestern University School of ines the ever-increasing proportion of Professor of Management Strategy at the Law, where he was an assistant corporate value that consists of human Kellogg School of Management, played a professor from 1979 to 1981. capital by studying new developments crucial role in demonstrating the need for Spitzer earned a BA from in social science and new information this project to Qualcomm. Spulber will serve the University of California, Los technology research made possible by the as the academic director for this project. Angeles, a JD from the University improved capacity to process extremely “Scholars will be able to use these data- of Southern California, and a PhD large data sets—sometimes called “Big bases to understand how inventive activity from the California Institute of Data.” Conferences in this research area occurs, how it is commercialized, and what Technology. Before beginning his are organized by Deborah M. Weiss, might be done to facilitate future innova- teaching career he was a litigator senior research aliate and director of tion,” Spulber said in describing the project. with Nossaman, Krueger & Marsh the Workforce Science Project at the e grant also funds a series of confer- in Los Angeles. Searle Center. ences and roundtables to examine and He teaches in the areas of admin- improve research in the eld. Additionally, Detailed information about Searle istrative law, telecommunications Spulber will edit an annual special issue of Center programs, including events and regulation, and economic analysis of the Journal of Economics & Management research results, can be found at www.law law, and has published a number of Strategy to disseminate the results of new .northwestern.edu/searlecenter. n books and articles in these elds. n

FALL 2013 | 9

A Hidden Treasure The Law School’s Rare Book Collection

In addition to its comprehensive research collection of historic and contemporary US legal materials, Northwestern Law’s Pritzker Legal Research Center houses a significant rare book collection of more than 2,500 volumes that merits a closer look. By Emily Kadens idden in plain sight behind the glass-fronted cabinets and locked doors of the Pritzker Legal Research Center’s Barnet Hodes Rare Book Room sits a treasure trove proudly guarded by the librarians but largely unknown to scholars or the Northwestern community. When I came to Northwestern in fall 2012 to teach as a visitor, I had heard vague claims about the quality and compass of the collection, but I had no notion that what I would find would prove to be one of the half dozen or so most extensive collections of rare continental European and English law books in the United States.

Northwestern Law’s formative dean, John result of Gary’s money and Wigmore’s energy Henry Wigmore, believed passionately in the is an unusually comprehensive collection of importance of exposing the American legal rare medieval and early modern Roman, canon, community to foreign law. He played a key role and customary law books. in promoting the scholarly study of compara- The collection began with incidental gifts tive law in the United States, and from the very and purchases. Some of the original volumes beginning of his deanship he set out to build an came from the Chicago Law Institute, a library extensive foreign law collection in the library. created in 1857 by a group of Chicago lawyers. Using for this purpose a significant part of In 1906 the widow of Julius Rosenthal, librar- the hundreds of thousands of dollars donated ian of the Law Institute Library and prominent over several decades by the alumnus, library book collector, donated a number of other texts. benefactor extraordinaire, and founder of US Eager to expand the collection, Wigmore Steel, Elbert Gary (class of 1868), Wigmore corresponded with book dealers all over personally oversaw the creation of a foreign law Europe and spent his Sunday mornings poring library that, he liked to brag, was one of the over the auction catalogs they sent him. After country’s preeminent collections. 1903 he would order books he found in the His focus on foreign law led Wigmore to catalogs by sending requests to his foreign an interest in legal history. He knew that agent, Martinus Nijhoff, a prominent Dutch one could not fully understand a legal system dealer. So avid a collector was Wigmore that without knowing the tradition that formed it. Nijhoff complained the dean knew about book Consequently, he devoted a tidy portion of the sales in Europe before he did. The occasional Gary donations to acquiring rare books. The stamps and provenance notes in individual

12 | NORTHWESTERN LAW REPORTER Left: This detail comes from the rst page of a volume of commentaries on the canon law writ- have come from the personal library of the noble von Kirchberg family, which held land in the ten by Nicolo de’ Tudeschi (1386–1445), who was known more commonly as Panormitanus. region near Vienna. These books are particularly interesting because their leather-and-metal He was the leading canon lawyer of his day, and his commentary was an important reference clasps are still intact. The clasps were used to keep the cover from curling up as the binding work. This particular book was published by the Lyon printer François Fradin in 1504. It is part dried out. The bottom volume also shows the medieval and early modern practice of writing of a multivolume set, and the owner had the rst page of each volume decorated with his per- the book title on the page block. This was done because books were routinely shelved spine sonal crest. Above: Sixteenth- and seventeeth-century volumes of commentary on the canon rst in that era. Below: The library holds an extensive collection of compilations of local and law, the law of the Catholic Church. These books came from the collection of a Viennese regional customary law, including this 1542 Flemish translation of the Somme rurale by the Carmelite monastery and were acquired by Northwestern in 1937 as part of the purchase of French royal judge Jehan Boutillier (ca. 1340 –1395). His work collected the customs of north- the monastery’s law library. The top two books show the blind stamped white leather covers ern France, and it proved popular throughout the regions now encompassing not only northern common to books in that collection. Many of the volumes with this sort of cover seem to France, but also Belgium and the southern Netherlands.

volumes document that Wigmore also country. Most of the volumes were augmented the collection with occa- scholarly works, but the collection sional purchases from the antiquarian also included a number of rare books, bookshops he frequented during his which can be identified today by summer trips to Europe. Voigt’s name written in small letters In 1907 German bookseller Gustav in the upper-right hand corner of Fock wrote Wigmore about the sale the flyleaf. of an unusually complete library of The first coherent, large-scale Roman law material compiled by addition to this piecemeal collection leading 19th-century legal scholar came in 1921, when Nijhoff alerted Moritz Voigt. Wigmore excitedly Wigmore to the availability of the wrote to Gary laying out the opportu- library of Maurice Trampont, a nity and pleading his case for a special French jurist interested in the history donation. Gary agreed to fund the of customary law. Wigmore sent a purchase, and Wigmore telegraphed fulgent letter to Gary, explaining that Fock to accept. The Fock collection he felt “bound, in the interest of the gave Northwestern one of the most prestige of the Library, to bring [the complete Roman law libraries in the sale] to your attention,—although it

FALL 2013 | 13 Above Right: In the mid-sixth century, the Roman Emperor is several years since I have laid any twelve enormous volumes kept in Justinian commissioned a committee to reform and compile one thousand years of Roman law. The result was three books: the such proposal before you, know- their own special cabinet in the rare Digest, a compilation of excerpts of the writings of the Roman ing full well your instructions that book room. jurists from the rst century BC to the third century AD; the Codex, a collection of imperial statutes; and the Institutes, a rst-year you did not care to add any more About the next two major acquisi- law book. After disappearing in the West for ve hundred years, to the basic collections.” But the tions much remains unknown. In the Roman law was rediscovered in the late eleventh century. It immediately began to be studied, then taught in nascent law Trampont library was too important 1927 Northwestern came into posses- schools. By around 1230, the law had acquired a standard to pass up, explained Wigmore. Its sion of several dozen volumes of deci- gloss—a commentary and explanation written in the margins surrounding the law. This volume of the Codex, published by extensive coverage of the customary sions from 16th- and 17th-century the famous Nuremberg printer Anton Koberger in 1488, has Italian courts and jurists. The books the text of the law in the center, surrounded by the gloss. The law of the French provinces for the hand-colored illustration shows Justinian receiving the law from years 1500–1700 “is indispensable came from the Harvard Law Library, his committee. Below: Another volume of the commentaries on the canon law by Panormitanus. Published in Venice in 1477, it to scholars in the history of French which had purchased them in 1905 is one of the library’s handful of incunabula—books published law, and therefore of Anglo-Norman as part of the library of a Milanese between the invention of printing around 1450 and the year 1501. The term “incunabulum” is Latin for “cradle,” as in the cradle of and Anglo-American law.” Six days lawyer, Muzio Melloni. Neither the printing, and was coined for these books in 1639. Incunabula later, Gary’s personal secretary Harvard nor the Northwestern librar- are considered especially valuable and often, as here, include hand-drawn paragraph marks and initial letters. The pointing wrote that Gary had authorized the ies have any records explaining how hand in the margin was medieval highlighting—it pointed to text purchase. Combined with Wigmore’s or why the books were transferred. the reader considered noteworthy. focused purchases through Nijhoff, The final significant purchase was these rare volumes—several of them by far the largest and most impor- handwritten copies from the 17th and tant, but about it we have even less 18th centuries—gave the library a information. The library’s account thorough collection of French, Italian, book for 1937 notes a purchase of and Belgian books of early modern “Law Library of a medieval monastery customary law. in Austria” from Hans P. Kraus for Perhaps the oddest addition came $12,800. Kraus was one of the most in 1925, when an Englishman wrote prominent antiquarian book dealers to Gary offering to sell his collection of his time. Unfortunately, he had of 460 English legal documents dating to flee Vienna in 1938 ahead of the from 1290 to 1783. Gary forwarded Nazis, who confiscated all his business the letter to Wigmore, who made records. Coupled with the silence plans to visit England to see the col- of the Northwestern archives on lection and importuned Gary to pay the transaction, we do not know for it. The documents now reside in how it came about or whether

14 | NORTHWESTERN LAW REPORTER hat we lack in knowledge about how Northwestern acquired the books is made up in the “W stories the books tell about themselves....Most bear prior ownership marks, such as inscriptions and occasionally discursive notes by the first owner about his purchase.”

Wigmore, who was no longer dean, have established its library contem- played any role. poraneously. The books were usually But what we lack in knowledge not new when they came to the about how Northwestern acquired Carmelites. Most bear prior owner- the books is made up in the stories ship marks, such as inscriptions and the books tell about themselves. occasionally discursive notes by the According to the inscription found first owner. Judging from inscriptions on the title page of each book in on the flyleaves and initials stamped the collection, they came from the into their white leather bindings, a Below: The canon law, too, received a gloss. The book pictured below was published in Lyon in 1517 but was originally written library of the “Conventus Viennensis large number of the books appear to in the mid-twelfth century as a law school textbook by a teacher Carmelitarum Discalceatorum” (the have come from the libraries of the in Bologna, Italy, named Gratian. We know almost nothing about Gratian, but his textbook proved so popular that it became the de Monastery of the Discalced [barefoot] noble von Kirchberg family. facto rst book of the canon law. The work is formally titled the Concordance of Discordant Canons, because in it Gratian used Carmelites of Vienna). The monastery The Carmelite purchase added distinctions to reconcile seemingly contradictory rules, known as was founded in 1622, and it appears to nearly a thousand volumes to the rare canons. It is, however, more commonly called the Decretum. Above: The library’s collection also includes works on by the author in 1622. Löhneysen (1552–1625) was a book collection. They range from English law, including this small fourteenth-century German nobleman who served as inspector general of the manuscript dictionary of legal and ecclesiastical terms mines in northern Germany. The Aulico Politica was primar- the most common works of Roman called the Summa monaldi. “Manuscript” comes from the ily a guide for princes on good governance, but the author and canon law, to spectacular early Latin “manu” and “scriptum,” meaning written by hand. In considered it so sensitive that he refused to allow the this stunning volume, each of the red and blue decorations printed copies to be distributed until after his death. The editions with hand-drawn letter- and initials were painstakingly inked, often in elaborate work is full of complex and haunting engravings, including ing and painted illuminations, to detail. The text was written on parchment, which is made a large fold-out image showing the order of lay and eccle- from animal skin, usually of sheep or goats. Below: One siastical worthies in a funeral procession held in October oddities such as an extremely rare of the more unusual books from the Carmelite library was 1613. The library owns the extremely rare rst edition. seventeenth-century German guide Georg Engelhard von Löhneysen’s Aulico Politica, printed to political economy for princes illustrated with lavish, often haunting woodcuts. About a half dozen of the volumes are incunabula, books published in the early days of printing between 1450 and 1501. Books from this half century have special signifi- cance in the history of printing and are particularly rare and valuable. During the 1930s, Samuel Thorne, who served as the law librarian from 1933 to 1945, focused on building up the historic English collection. Wigmore had shown what Gary considered to be inadequate attention to this part of the collection. Thorne, who would go on to become one of the leading historians of medieval English law, was well placed to remedy that deficiency. The Library’s

16 | NORTHWESTERN LAW REPORTER igmore taught that the law is inseparable from “W its past. To understand it fully we sometimes need to blow the dust off its history, and a repository such as Northwestern’s ensures that the books continue to exist to enable us to do that.”

accounts from this period show him allocating the space to more pressing making strategic purchases from current needs? Wigmore confronted English and foreign dealers, augment- the same question. He knew that he ing the collection slowly but wisely needed to justify his expenditures, each year. and his reasons echo those that one Aside from the occasional gift, such might offer today. Most importantly, as the volumes of medieval juris- he taught that the law is inseparable tic commentaries donated by 1903 from its past. To understand it fully alumnus Joseph L. Shaw in 1939, the we sometimes need to blow the dust rare book collection is today in much off its history, and a repository such the same state it was in by 1950. The as Northwestern’s ensures that the library’s funding largely dried up after books continue to exist to enable us Gary’s death in 1927 and the subse- to do that. But the books also serve quent depletion of his endowment, as artifacts offering a visual con- and as time passed other interests nection to our professional heritage. took precedence. Some attempts were For the students in my legal history made in the 1950s to do much-needed courses, the opportunity to turn conservation work on the books, but the pages of four- and five-hundred in the main, the collection has been year-old copies of the very works we left to molder for the last half century. are discussing in class offers a level We might ask what all these old of comprehension and sense of the books are good for. Would the Law reality of the past that no pictures or School be better off selling them and lectures can provide. n

Right: This compendium, or index, written by Johannes Bertachinus, of topics covered in the Roman and canon law texts is another of the library’s incunabula. The Repertorium iuris utriusque was published in Venice in 1489, during the author’s lifetime. Still unable to do two-color printing, the printer had a rubricator hand-letter each initial and underline keywords in red. CLINIC NEWS

Clinic Launches Advisory Board

A group of alumni, clinical faculty, and administrators assembled at e advisory board will help set strategic direction for the the Law School this spring for the inaugural meeting of the Bluhm Clinic’s centers and programs; advocate for the Clinic and the Law Legal Clinic Advisory Board. School with legal professionals, business and community leaders, Led by cochairs Terri Mascherin (JD ’) and Herold “Mac” and the public; and partner with faculty and sta to raise funds Deason (JD ’), the board comprises more than a dozen prominent from alumni, friends of the school, corporations, and foundations. “e Bluhm Legal Clinic is a jewel in the crown of Northwestern Law,” said Mascherin, a partner at Jenner & Block. “Our community of alumni has a lot to give not only nancially but, even more signicantly, in guidance. Alumni can help the Clinic continue to enhance its vibrant teaching programs and continue to lead on issues of great public concern, especially those that pertain to access to justice.” Faculty from several of the Clinic’s centers made presen- Left: Bluhm Legal Clinic advisory board cochairs Herold “Mac” Deason (JD ’67) and Terri Mascherin (JD ’84) at the May kickoff meeting. tations about their current proj- Right: Steven A. Drizin (JD ’86), assistant dean of the Bluhm Legal Clinic, informs board members about current projects of the Center on Wrongful Convictions and the Center on Wrongful Convictions of Youth. ects at the May kicko meeting. “One of the main goals of that rst meeting was to bring us alumni who share the Clinic’s commitment to training skilled, all up to date on what the Clinic is doing: the work of its centers, its ethical, and reform-minded professionals. many programs, and the crucial issues the program directors are “Our board members oer a number of important perspectives as facing,” said Mascherin. “With this information the board can begin practicing attorneys and as Northwestern Law alumni using their thinking about ways to navigate these challenges and nd opportu- degrees in law rms, business, government, and public service,” nities to help the Clinic continue to do groundbreaking work.” said Deason, who serves as counsel at Bodman in Detroit. “It is our Dean Daniel B. Rodriguez established the advisory board with hope that Clinic faculty and administrators can capitalize on the the help of Bluhm Legal Clinic director and associate dean for wealth of practice experience on the board to test ideas intended to clinical education omas F. Geraghty (JD ’). help the Clinic better prepare students to practice law.” e group will meet again in November. n

Bluhm Legal Clinic Advisory Board

Herold “Mac” Deason (JD ’67) Myles “Mush” Berman (JD ’83) Graham Grady (JD ’83) Christopher Lind (JD ’94) COCHAIR Michael Bien (JD ’80) Peter Humphreys (JD ’81) Hon. Algenon Marbley (JD ’79) Terri Mascherin (JD ’84) Meredith Bluhm-Wolf (JD ’85) Amy Kaplan (JD ’97) Richard Trobman (JD ’91) COCHAIR Hon. Ruben Castillo (JD ’79) Ivy Lewis (JD ’85) Angela Vigil (JD ’95)

18 | NORTHWESTERN LAW REPORTER Children and Family Justice Center Helps Pass “Raise the Age” Bill

HB , the “Raise the Age” bill that Illinois Governor Pat Quinn (JD ’) signed in July, is based on research conducted and reported by faculty and ELC director Esther Barron (JD ’95) and assistant director Stephen Reed record a video lecture segment students in the Bluhm Legal Clinic’s Children and for their new MOOC, Law and the Entrepreneur Family Justice Center. HB raises the age of juvenile court juris- Entrepreneurship Law Center Launches New diction to . Illinois had been the only state with Massive Online Course a bifurcated system; -year-olds charged with a misdemeanor were tried in juvenile court, but e Bluhm Legal Clinic’s and trademark; protecting intellectual -year-olds charged with a felony, regardless of its Entrepreneurship Law Center has property of the business with patent, seriousness, were tried in criminal court. launched a new massive open online trade secret, trademark, and copyright “e resulting expansion of juvenile court jurisdic- course as part of a university- law; structuring agreements among tion will ensure that up to , -year-olds typically wide initiative to provide selected owners; nancing a new venture; risk arrested for felony oenses in our state each year will Northwestern courses globally through management; and the relationship no longer be processed, prosecuted, and imprisoned a large-scale digital platform. e new between attorneys and entrepreneurs. as adult criminals,” said CFJC director Julie Biehl course, Law and the Entrepreneur, is “rough MOOCs we will increase (JD ’). “e change grants this group of young people scheduled to start in October. educational reach and access to access to juvenile court proceedings and services, Northwestern MOOCs are a product information to so many people around helping them to avoid permanent adult felony records.” of a partnership with Coursera, an edu- the world,” said Barron. “It is a great Passed with wide bipartisan support, the new law cation company that partners with top opportunity to showcase the programs, was built upon the recommendations of the Illinois universities and organizations through- professors, and the academic range of Juvenile Justice Commission, a federally mandated out the world to make online courses the university as a whole.” state advisory group to the governor, the General available to anyone for free. e Barron and Reed have outlined the Assembly, and the Illinois Department of Human company has a platform that combines course based on legal doctrine as it Services. Biehl serves as a governor-appointed com- mastery-based learning principles with applies to a case study of two entrepre- missioner. e commission’s exhaustive report on video lectures and interactive content. neurs who are starting a business. eir the issue was written at the CFJC by clinical fellow e massive online format of the recorded lectures will engage students Stephanie Kollmann (JD ’) and several Bluhm class allows for geographically diverse through interactive exercises, online Legal Clinic students, including Stephen Bychowski students to access Chicago-based entre- conversations, quizzes, and a case (JD ’), Jane Ehinger (JD ’ ), Julie Lee (JD ’ ), Dan preneurs and attorneys who work in study showing how legal issues apply McElroy (JD ’), and Brendan Mooney (JD ’), Chicago’s entrepreneurship community. to entrepreneurship. By the end of assisted by Camille Provencal-Dayle, an intern from To date tens of thousands of students the course, students will have a better Northwestern’s Weinberg College of Arts and Science. have registered for the course. understanding of practical ways to pro- “is is a landmark achievement for juvenile Clinical professors Esther Barron tect a new venture and spot potential rights,” said Biehl. “rough their dedicated (JD ’) and Stephen Reed will teach the issues from a business-legal perspective. research, Stephanie Kollmann and our students course. Designed for both entrepreneurs “As we learn more about online learn- have made an important contribution to reforming and lawyers who hope to represent ing, I think that this program is one the juvenile justice system.” them, the course will address the legal that will put Northwestern ahead of the Illinois joins other states in setting the default and business issues that entrepreneurs curve,” said Reed. “With the direction age of majority for criminal matters at . Juvenile face as they build and launch a new that online education is taking, we feel transfer rules, which require or permit trying youth venture, including US law on choice of really lucky to be involved with such a in adult court for very serious felonies, are not entity; selection of a company name progressive project.” n aected by the law. n

FALL 2013 | 19 CLINIC NEWS

Conviction Overturned for Center for Criminal Defense Client

Center for Criminal Defense client Olutosin was widely known on campus as a rap artist, on Wrongful Convictions and now an Oduwole was released from a Jacksonville, and he claimed that the words were an attorney with Loevy & Loevy. Illinois, prison in March aer an appeals exploratory dra for a rap song and were “Sarah gave a brilliant oral argument never meant to be shared or made public. in the appellate court, aer which our CCD director Je Urdangen tried the condence was quite high,” Urdangen said. case in Edwardsville with local co-counsel “In addition, many of my students worked Justin Kuehn. hard on behalf of this client over the past “I found this case to be remarkable for a few years, and Sarah had excellent assis- variety of reasons,” Urdangen said. “One of tance from students throughout the appeals those was the myopia of Madison County process as well.” prosecutors, unwilling to concede the e Illinois Fih District Appellate Court obvious—that our client’s words were overturned the conviction in a unanimous artistic expression, not a threat to commit decision. violence. I was also astonished that despite In May the Illinois Supreme Court our objections, we were forced to pro- declined to review Oduwole’s case, and ceed to trial with quite the opposite of a prosecutors are prohibited from bringing

Olutosin Oduwole jury of my client’s peers. Tosin is a young him to trial again. Nigerian hip-hop acionado, and the “Because the appellate court based its court overturned the aspiring rapper’s jurors, unfortunately, were all white, mostly opinion on insuciency of the evidence, conviction and ve-year sentence. rural, and predominately late middle age.” Oduwole was in eect acquitted by that A former Southern Illinois University Urdangen led an appeal and teamed court, and that judgment is now nal,” Edwardsville student, Oduwole was con- with other counsel from the Bluhm Legal Urdangen said. “In the end, the appel- victed in for attempting to make a ter- Clinic, including Appellate Advocacy late review process worked as it should, rorist threat. Police had found scribbled verse Center director Sarah Schrup and former producing a thoughtful opinion that found in his abandoned car that, among other lyrics, student Steven Art (JD ’), a founding a rational jury could not have returned a threatened a “murderous rampage.” Oduwole member of the Justice Council of the Center guilty verdict on these facts.” n

Charges Dismissed for Nicole Harris

In June the Bluhm Legal Clinic’s Center on Wrongful Convictions sta attorneys succeeded in having charges dropped for a mother wrongfully convicted of strangling her four-year-old son. Nicole Harris, who spent nearly eight years in prison, maintained that she was innocent and her son Jaquari Dancy’s death was an accident. Harris said she gave a false confession aer being physically and psycho- logically coerced during more than hours of police interrogation. Harris was convicted in a Cook County jury trial aer the judge excluded the testimony of Jaquari’s older brother, Diante Dancy, who told police that Jaquari accidentally strangled himself in their bedroom with an elastic band from a tted sheet. Harris sent a letter to then CWC director Steven A. Drizin (JD ’) Nicole Harris (right) hugs Alison Flaum, legal director of the Children and Family appealing for help. Along with Alison Flaum, then a CWC sta lawyer, Justice Center and clinical associate professor of law. and Robert R. Stauer, a partner at Jenner & Block, Drizin accepted the case, appealing it through the state and federal systems. Ultimately the US Court of Appeals for the Seventh Circuit overturned Harris’s conviction. n

20 | NORTHWESTERN LAW REPORTER Daniel Taylor Exonerated of Murder Charges

In June Center on Wrongful Convictions Court of Appeals for the Seventh Circuit. a review that included interviews of new client Daniel Taylor was cleared of all e Cook County state’s attorney’s oce witnesses and an examination of additional charges in connection with a murder decided to dismiss Taylor’s conviction aer documents. n for which he spent more than two decades behind bars. Daniel Taylor celebrates his exoneration at an event in the Bluhm Legal Clinic. Despite being in police custody at the time of the murder, Taylor, then , was among eight young men arrested and charged with the shooting deaths of a man and a woman. He was coerced to falsely confess, though police records backed up Taylor’s claim that he was in jail when the crime occurred. Prosecutors contended that the records were inaccurate, and they presented the testimony of another ocer who claimed to have seen Taylor on the street during the relevant time. His case went to trial, and he was found guilty and sentenced to life in prison. Taylor led a petition to be retried but was unable to obtain a hearing. e CWC took on the case in . Karen Daniel, clinical professor of law and CWC senior sta attorney, led a federal petition for a writ of habeas corpus, which was dismissed but reinstated in October by the US

Johnnie Lee Savory DNA Testing Granted for Johnnie Lee Savory

Aer seeking DNA testing for almost years, Center on Wrongful Convictions client Johnnie Lee Savory has been allowed to use modern DNA technology to support his innocence claim in a double murder case. Savory, who spent almost years in prison, was convicted at age in the stabbing murders of James Robinson Jr., , and Robinson’s sister, Connie Cooper, . Savory was released on parole in . “is means hope for Johnnie,” said Joshua Tepfer, clinical assistant professor of law and project codirector of the Center on Wrongful Convictions of Youth. “He has wanted this and fought for this [DNA testing], and a team of advocates and friends have fought for this since this technology became available.” Peoria County Circuit Judge Steve Kouri will allow experts at a Dallas laboratory hired by Savory’s attorneys to test a bloodstained knife, nger- nail scrapings, hairs found on the victims’ hands, a light switch plate, bloodstained pants, and swabs taken from Cooper’s body. e parameters of the testing will be established at a hearing. n

FALL 2013 | 21 CLINIC NEWS

Access to Health participants from Northwestern Law and Kellogg School of Management with schoolchildren in a batey near Guaymate, Dominican Republic, during a site visit in March 2013.

Multidisciplinary and Multicultural Innovative Program Improves Access to Health

is fall a team from the Northwestern Access to Health with international and national agencies and organizations Project will nalize a plan to improve healthcare for impover- such as the Peace Corps, Centers for Disease Control and ished residents of Guaymate in the Dominican Republic. Last Prevention, the International Medical Corps, and the UN year ATH launched an emergency obstetrical care project to High Commission for Human Rights, about areas with the alleviate infant and maternal mortality in Bonga, Ethiopia. greatest potential for impact. ese two projects demonstrate ATH’s premise: that Students draw from research conducted by Northwestern’s access to healthcare is a human right. Founded by Juliet renowned faculty and ATH partners to develop a healthcare Sorensen, clinical assistant professor of law in the Center for solution that is both appropriate and sustainable for the International Human Rights (CIHR), and Carolyn Baer, former community identied. During spring break, ATH conducts a deputy director of the Feinberg School of Medicine’s Center site visit, meets with community members and partners, and for Global Health, the program brings together students from establishes the foundation for the project. e plan is rened the Law School, the Kellogg School of Management, and the over the spring and summer, launched in the fall, and evalu- Feinberg School of Medicine, and includes expertise from the ated aer six months and one year. McCormick School of Engineering, to design health projects “What makes this program so rewarding is both the impact in developing countries. on communities in the developing world and on ATH stu- Students taking Sorensen’s Health and Human Rights dents,” said Sorensen. “e interdisciplinary nature makes course work in interdisciplinary teams on a public health the program more eective and prepares students for the real case study in the developing world, investigating issues world. ey are sitting down at the table, working construc- such as policy, infrastructure, and access to training and tively with peers in the business and medical schools. is is equipment. Each class chooses a case study aer consulting vital training that will make them outstanding lawyers.”

22 | NORTHWESTERN LAW REPORTER “This is the best experience I’ve had at Northwestern. We contributed toward something that will make a difference to an entire community. We met with local stakeholders and a diverse community of people, some of whose voices would not otherwise be heard or reported… and their involvement will help drive the success of this project.”

—EWURABENA HUTCHFUL (JD ’14)

Samantha Woo (JD ’) worked on the emergency communities so they may share HIV/AIDS prevention infor- obstetrical care project in Ethiopia. She was among four law mation and resources. In September, ATH faculty will meet students who traveled to Bonga to visit the district hospital and with a community advisory board in Guaymate to nalize the talk with health professionals, patients, and community lead- project, which is expected to launch in October. ers. Based on ndings from the visit, an emergency-obstetrics “Courses and projects like this enable us to eect real, training program was developed for healthcare providers. tangible change in the world,” said Dean Daniel B. Rodriguez, ATH is currently evaluating its eectiveness. “and working together in an interdisciplinary setting is the “In the US, maternal health is primarily a public health only way to tackle complicated access to healthcare issues. issue. But in the developing world, it is a multifaceted prob- What’s more, programs such as ATH provide students with lem that calls into question basic human rights like the right invaluable opportunities to build skills, work collaboratively, to healthcare,” said Woo. “Part of our work was to research and improve the lives of people in the developing world. ATH Ethiopia’s constitution and legal system to understand is transforming the role of universities in the st century and obstacles to healthcare and nd ways to address them.” the resources they bring not only to research and education In in Guaymate, Dominican Republic, ATH students but to community outreach on a global level.” focused their studies on maternal health, HIV/AIDS, family “is is the best experience I’ve had at Northwestern,” said planning, and type diabetes, which is on the rise in the Hutchful. “We contributed toward something that will make Dominican Republic. Many Haitian immigrants and low- a dierence to an entire community. We met with local stake- income Dominicans reside in “bateys,” or rural communities holders and a diverse community of people, some of whose of migrant sugarcane workers. ey suer extreme poverty voices would not otherwise be heard or reported… and their and myriad health issues, including one of the highest HIV/ involvement will help drive the success of this project.” n AIDS rates in Latin America. In March Sorensen, ATH colleague Dr. Shannon Galvin of the Center for Global Health, and six students conducted a Children in a one-room schoolhouse in another batey near Guaymate. site visit in Guaymate. “We assessed the types of interventions that had and had not worked successfully in the past,” said Ewurabena Hutchful (JD ’), who participated in the site visit. “Batey residents, healthcare workers, local NGOs, youth, and educators identied the need for health education programs and prioritized the need for strengthened outreach to the especially vulnerable Haitian migrant population.” Some potential solutions included establishing a community garden to help address the nutritional problems exacerbating type diabetes; capitalizing on the popularity of a local baseball team to help disseminate nutritional information; and networking sex workers in separate

FALL 2013 | 23 Inside the court room at the Extraordinary Chambers in the Courts of Cambodia at the Duch verdict on July 26, 2010. JUSTICE for CAMBODIA Between 1975 and 1979 the Khmer Rouge killed more than 1.7 million Cambodians. Invading Vietnamese troops ended the mass-atrocity crimes in 1979, but Khmer Rouge leader Pol Pot continued to operate along the Cambodia/Thailand border until he was detained by his own people in 1997. He died in 1998 without facing a court of law for his crimes. Ambassador David Scheffer, now a Northwestern Law professor, was instrumental in creating the Extraordinary Chambers in the Courts of Cambodia. Through this national court, Scheffer and his students work year-round to bring justice to the people of Cambodia.

By Tracy Marks JUSTICE for CAMBODIA FALL 2013 | 25 s a US State Department ofﬁcial between 1993 and 2001, David Scheffer helped establish the International Criminal Tribunals for the former Yugoslavia and Rwanda, ECCC AT A the Special Court for Sierra Leone, and the permanent GLANCE International Criminal Court at The Hague. He had just

• Seventeen judges presiding in become the United States’ ﬁrst war crimes ambassador when, three chambers: the Pre-Trial in 1997, the Cambodian government appealed to the United Chamber, Trial Chamber, and Supreme Court Chamber. Nations to establish a court to try those responsible for the • In each chamber the majority of Khmer Rouge’s atrocities. judges are Cambodian.

• Two co-investigating judges: Scheffer had worked on Cambodian issues before—in 1979, as an associate at the inter- one Cambodian and one UN-nominated foreigner. national law firm Coudert Brothers, where he worked pro bono to clear the legal hurdles involved in shipping desperately needed food aid up the Mekong River to Phnom Penh. He • Two co-prosecutors: advocated the normalization of relations with Vietnam in the mid-1980s, a position that one Cambodian and one continued to stoke his interest in the politics of the region. So when the request for assis- UN-nominated foreigner. tance came from the Cambodian government, Scheffer was uniquely positioned to negoti- • Any decision or judgment by ate the creation of the Extraordinary Chambers in the Courts of Cambodia (ECCC)—a one of the chambers requires difficult process that unfolded slowly, and by fits and starts, from 1997 to 2006. Even after the supermajority (majority he left the State Department at the end of the Clinton Administration, with most of the plus one) vote of the judges. negotiations completed, Scheffer remained involved with the Cambodia tribunal. He now serves as a special expert on United Nations assistance to the Khmer Rouge trials.

26 | NORTHWESTERN LAW REPORTER DOCUMENTING THE ECCC’S WORK The Cambodia Tribunal Monitor, an award- winning website, reports on the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh and provides legal analyses for the world community. The Monitor observes and documents ECCC proceedings with a daily blog, often written by a Northwestern Law student or recent graduate who is present in the courtroom. “Students have extraordinary access to this process,” said Christine Evans (JD ’03, LLM IHR ’11), until recently the Monitor senior editor. “With at least 15,000 visitors per month from around the world, the website has been the main source for people looking for information about the Left: Nuon Chea during the Trail Chamber hearing in Case 002 on December 5, 2011. Right: A group of Buddhist Monks from Preah Sihanouk Raja Buddhist University attended the second day of the preliminary hearings on Nuon Chea’s and Ieng Khmer Rouge trials. In addition to trial blogging, Thirith’s fitness to stand trial on August 30, 2011. every day the Monitor assembles news articles about the tribunal and reports by NGOs and government organizations, and it provides com- The ECCC was established to bring to trial the surviving mentary and legal analyses of the proceedings.” senior leaders of Democratic Kampuchea (Cambodia’s name Erica Embree (JD-LLM IHR’15) traveled to under Pol Pot) and those most responsible for committing Phnom Penh during the summer of 2012, where atrocity crimes (genocide, crimes against humanity, and war she spent a month writing daily trial blogs for the crimes). Since the ECCC began work in 2006, five people Monitor. “Observing the ECCC enriched my have been indicted. Kaing Guek Eav (known as Duch), who understanding of the practice of law, both the role ran the Tuol Sleng prison camp in Phnom Penh, was con- of law in society and being an advocate,” Embree victed of crimes against humanity and grave breaches of the said. “Reporting the proceedings enhanced my Geneva Conventions of 1949 and is serving a life sentence in ability to take a fair and balanced view. Objectivity a Cambodian prison. Ieng Thirith, former minister of social is a highly valuable skill for a lawyer.” affairs and Pol Pot’s sister-in-law, was found unfit to stand Evans said she hopes that “historians down the trial due to dementia. Ieng Sary, former minister of foreign road will be able to come directly to our website affairs and Ieng Thirith’s husband, died in March while his to understand what happened under the Khmer trial was under way. Both the prosecution and the defense Rouge and what transpired in this unique court.” have presented their cases and closing arguments are sched- The Monitor’s funding has been made possible uled for October in the trial of Nuon Chea, former deputy for many years with generous grants from the J. B. secretary of the Communist Party of Kampuchea and second and M. K. Pritzker Family Foundation, although in command under Pol Pot, and Khieu Sampan, head of state that funding ended in September 2013. The in Democratic Kampuchea. A judicial investigation against Cambodia Tribunal Monitor can be found at: several more unnamed suspects is ongoing. www.cambodiatribunal.org. n “While other courts were established as international criminal tribunals, Cambodia’s situation required a different approach,” Scheffer said. “Years of negotiations resulted in establishing a national court that was ‘internationalized’ by a treaty between the United Nations and the government of Cambodia.” The ECCC requires participation of Cambodian judges, prosecutors, and administrators who work side by side

FALL 2013 | 27 One of only a handful of with a smaller number of international counterparts. survivors from the secret One of the co-investigating judges is a Cambodian Khmer Rouge prison S21 where at least 12,273 people and the other UN-nominated foreigner; the same is were tortured and executed, true of the two lead prosecutors. In each of the three Chum Mey (top) holds up copies of the Duch verdict on chambers, the majority of judges are Cambodian. To August 12, 2010. The first trial ensure due process, a supermajority vote is necessary. judgment of the Extraordinary Chambers in the Courts of For example, if all of the Cambodian judges decide Cambodia, the Duch verdict to convict, then the vote of at least one international was made widely accessible to the people in Cambodia, judge is required. “For the evolution of international as the ECCC printed 10,000 criminal law, the ECCC represents a significant copies of the verdict (450 pages) and 17,000 copies of collaboration of a national political and legal system the summary (36 pages) and with the UN, out of which has been developed a distributed the documents throughout 1,621 communes novel, albeit controversial, structure of criminal law in Cambodia as well as in and procedure,” said Scheffer. (An unfortunate side libraries, schools, and other public institutions. Kaing effect of this unique structure is that—unlike some Guek Eav, alias Duch, was UN-created international criminal tribunals that are the first person to stand trial before the ECCC; he was automatically funded by member countries—the found guilty of crimes against ECCC is voluntarily funded. Every year tens of mil- humanity and war crimes on July 26, 2010. lions of dollars must be raised to carry on its work.)

CENTER FOR INTER NATIONAL HUMAN RIGHTS As the director of the Bluhm Legal Clinic’s law, without shortchanging their JD studies international staff of approximately 12, she Center for International Human Rights of American law,” said clinical professor of was “constantly challenged by complicated (CIHR), David Scheffer leads a group of law Bridget Arimond, director of the LLM legal issues, most of which incorporated faculty that provide a range of courses on Program in International Human Rights. elements of both common and civil law international human rights, criminal, and “As our graduates seek jobs throughout the systems.” She now has lasting relation- humanitarian law, as well as unique clinical international system, the LLM IHR cre- ships with lawyers across the globe who experiences that focus on the protection dential will place them on par with top law are on the “cutting edge of international of global human rights and international graduates from the many countries where human rights law.” In addition to providing criminal law, that together form an extraor- an advanced degree in law is more common- incomparable professional experience, being dinary set of interconnected opportunities place than it is here in the US.” in Cambodia transformed Diegel personally for Northwestern Law students. In addition to classroom work, stu- as well. “Every day, I was blown away by Among the CIHR’s many projects is the dents in the joint program are required to the astounding resolve of the Cambodian JD-LLM in International Human Rights complete a semester-long externship with people, and I was so proud to be working at (JD-LLM IHR), a four-year joint degree an international criminal tribunal, supreme a court seeking to bring this country justice.” that provides students with the opportu- court, or human rights organization. “Upon Northwestern Law also offers an LLM in nity to gain a comprehensive foundation in their return to campus, our joint degree International Human Rights for students international human rights and criminal students have, without fail, described the with American JDs or law degrees from law. Northwestern is the only school in the externship experience as a high point of other countries who wish to undertake country to offer a degree like this. their legal studies,” said Arimond. a comprehensive study of the norms and “Our joint degree program provides law Clare Diegel (JD-LLM IHR ’13) spent methods of international human rights students with a unique opportunity to spring 2013 in Phnom Penh as a legal law and their implementation by inter- undertake in-depth study of the norms and extern in the Ofﬁce of the Co-Investigating national courts and organizations and in mechanisms of international human rights Judges. One of only two Americans on the domestic legal systems. The program has

28 | NORTHWESTERN LAW REPORTER Outreach and information gathering have been essential Cambodians have attended—more observers than all of the other objectives of the ECCC in partnership with the Documentation modern war crimes tribunals combined. DC-Cam and court ofﬁ- Center of Cambodia (DC-Cam). “It is imperative that a new cials also meet with villagers to provide updates on the courtroom generation of Cambodians understand what happened under Pol proceedings and encourage them to share their own stories. Pot,” said Scheffer. “The justice that is Until a few years ago, being explored and no textbooks in second- rendered in these “BECAUSE THE TRIALS ARE TAKING PLACE IN ary schools included courtrooms, along information about the CAMBODI A INSTEAD OF IN THE H AGUE , THE ECCC with the involvement of atrocities. Students WILL ESTABLISH WITHIN CAMBODI A A PRECEDENT the Cambodian people, learned about their FOR THE DEFEAT OF LE ADER SHIP IMPUNITY.” will be the true legacy own history through of the ECCC,” said —DAVID SCHEFFER family members, if at Scheffer. “Because the all. DC-Cam is com- trials are taking place in mitted to maintaining Cambodia instead of in the world’s most comprehensive databases on Khmer Rouge history, The Hague, the ECCC will establish within Cambodia a precedent for and one of its projects is the publication of new textbooks. the defeat of leadership impunity. Tribunals such as the ECCC show As part of the education process, buses drive all night so vil- the world that atrocity crimes no longer will be tolerated and that lead- lagers can witness courtroom proceedings. More than 200,000 ers will be held accountable for their actions under international law.” n

David Scheffer, Mayer Brown/ welcomed students from the United States Nations Economic and Social Council. Robert A. Helman and more than 30 countries, including Northwestern is one of only two law schools Professor of Law and Center Director Chile, India, Belgium, Lebanon, Yemen, to be granted such status. Stephen Sawyer, Canada, the United Kingdom, Guinea, clinical associate professor of law and the Panama, Spain, Eritrea, Mexico, Ghana, Center’s director of curricular projects, led Sandra Babcock, Clinical Director, Bulgaria, the Philippines, Brazil, Cameroon, the effort to achieve this status because it Clinical Professor Cambodia, Kenya, Uganda, Ethiopia, Italy, affords students the opportunity to gain Tanzania, South Africa, Belarus, France, first-hand insights into the deliberations of Turkey, Thailand, Japan, South Korea, Iraq, that body, as well as the chance to directly Bridget Arimond, Indonesia, China, Taiwan and Pakistan. contribute to the UN’s important work on LLM Director, CIHR faculty members supervise international human rights. Clinical Professor students in clinical work as well. Students “The Center for International Human under faculty supervision have assisted with Rights has a long reach—from The Hague to the preparation of filings before federal Phnom Penh, they are bringing the instru- Stephen Sawyer, courts, international criminal tribunals, and ments of justice and due process around Director of human rights bodies, and some of them the world,” said Dean Daniel B. Rodriguez. Curricular Projects, Clinical Associate have gone on to work on the International “Back home in Chicago, our students benefit Professor Criminal Tribunals for the Former enormously from the incomparable experi- Yugoslavia and Rwanda, the Extraordinary ences this work makes available to them.” Juliet Sorensen, Chambers in the Courts of Cambodia, and Additional information about the Center Clinical Assistant the International Criminal Court. for International Human Rights can be Professor In 2012, the Center was granted spe- found at: www.law.northwestern.edu cial consultative status with the United /legalclinic/humanrights. n

FALL 2013 | 29 FACULTY FOCUS

Scheffer Awarded Fall 2013 Berlin Prize Fellowship

David J. Scheer has received a Berlin served on the Deputies Committee is fellowship will allow him to Prize from the American Academy in of the National Security Council and expand that important work.” Berlin for the fall term and will as senior counsel to UN ambassador Scheer is the author of All the be a member of the academy’s th Madeleine Albright during the rst Missing Souls: A Personal History of the class of fellows, which includes writers, term of the Clinton administration. War Crimes Tribunals, which chronicles journalists, artists, policy experts, and Drawing on those experiences, Scheer his work in the Clinton administration. a composer. e prize allows fellows to will write a comprehensive narrative During Clinton’s second term he served as the rst US ambassador at large for war crimes issues and was instrumental in creating war crimes tribunals in

Scheffer will use his fellowship to develop an in-depth examination of American policy during the Yugoslav wars, with particular focus on 1993 through 1996.

the former Yugoslavia, Rwanda, Sierra Leone, and Cambodia. He led the US delegation in negotiations creating the International Criminal Court. In addition to his writing and teaching, Scheer also serves as the UN secretary- general’s special expert on UN assis- David J. Scheffer tance to the Khmer Rouge trials. A private, nonprot, nonpartisan pursue independent study and engage about US policy as war and atrocities center for advanced research in a with their German counterparts and swept over Bosnia-Herzegovina and range of academic and cultural elds, with Berlin’s vibrant academic, cultural, Croatia and about how UN and NATO the American Academy in Berlin was and political life. initiatives confronted realpolitik established in by Ambassador Scheer, the Mayer Brown/Robert in national capitals and among the Richard C. Holbrooke to foster greater A. Helman Professor of Law and the major players. understanding and dialogue between director of the Bluhm Legal Clinic’s “is is both a terric honor and the United States and Germany. Each Center for International Human Rights, an opportunity for David,” said Dean year the academy awards Berlin Prize will use his fellowship to develop an in- Daniel B. Rodriguez. “His excellent fellowships to about two dozen emerg- depth examination of American policy scholarship and advocacy have aided ing or established scholars, writers, and during the Yugoslav wars, with particu- greatly in the development of meaning- professionals, who are selected by an lar focus on through . Scheer ful international justice mechanisms. independent committee. n

30 | NORTHWESTERN LAW REPORTER Rubinowitz Honored with Public Service Award

Professor Len Rubinowitz received the Leonard Jay e Leonard Jay Schrager Award of Excellence recognizes Schrager Award of Excellence for his contributions to public attorneys in academia for their contributions to improving service at the annual Pro Bono and Public Service Awards access to justice for the less fortunate. e award’s endow- Luncheon of the Chicago Bar Foundation, the charitable arm ment by the Reed Smith law rm and its partners allows of the Chicago Bar Association. the recipient to choose a law school or legal aid program for A member of the Northwestern Law faculty for almost years, Rubinowitz teaches law as it pertains to civil rights, urban housing and community development, public interest, “Len’s commitment to public service and pro and social change. He has received a number of student-voted bono work has long been the stuff of legend at awards for his excellence in teaching. Rubinowitz is widely recognized throughout the Northwestern Law. I’m delighted with the Chicago Northwestern Law community for creating and promot- Bar Foundation’s recognition of his many ing specialized programs and courses to support students interested in public interest law. In Northwestern Law’s contributions to our city and our profession.”

Student-Funded Public Interest Fellowship (SFPIF) program —DE AN DANIEL B. RODRIGUEZ renamed its grant program “Len Rubinowitz Public Service Fellowships” in his honor. ese fellowships help fund summer public interest employment for law students through a Chicago Bar Foundation grant. Rubinowitz selected the a combination of money raised during the year, a Law School Bluhm Legal Clinic as the recipient of this grant. contribution, and federal work-study grants. is is the second year in a row that a Northwestern Law “Len’s commitment to public service and pro bono work has professor was honored with the Schrager Award. Cindy long been the stu of legend at Northwestern Law,” said Dean Wilson (JD ’), clinical associate professor of law and direc- Daniel B. Rodriguez. “I’m delighted with the Chicago Bar tor of the Bluhm Legal Clinic’s Center for Externships, was Foundation’s recognition of his many contributions to our the recipient. n city and our profession.” Len Rubinowitz Rubinowitz’s research, which involves him with both lawyers and activists who focus on racial discrimination, examines race historically and currently. His books include Low-Income Housing: Suburban Strategies and Crossing the Class and Color Lines: From Public Housing to White Suburbia (with Jim Rosenbaum), which documented and evaluated the impact of the Gautreaux public housing desegregation program in Chicago. Before joining the Northwestern faculty, Rubinowitz served as legal adviser and special assistant at the US Department of Housing and Urban Development.

FALL 2013 | 31 FACULTY FOCUS

Professor Jack Heinz: Leader in Law and Society Movement Emeritus Professor’s Past and Present Works Represent a Range of Interests

In , having nished three years of military service aer particularly for its portrayal of what became known as the graduating from Yale Law School, John P. “Jack” Heinz joined “two hemispheres” of the profession—one serving corporate the Northwestern Law faculty. He recalled that his decision clients, and the other serving individuals and small busi- to accept Northwestern’s oer was heavily inuenced by sta- nesses. Heinz said, “e stratication of the bar was surpris- tistical analysis: “I was single then, and it was pretty easy to ingly clear, rigid, and bipolar. e two sectors diered not calculate that there were more women in Chicago than in the only in clientele but in the lawyers’ social origins, education, other places where jobs were oered to me. Being a quantita- oce environments, circles of acquaintance, political values, tive guy, the choice was easy.” and social standing.” He did nd love in Chicago—he’s been married for Heinz followed up Chicago Lawyers with more than years to his wife, Anne—and he also found an academic articles and two more books about lawyers. His book home from which his quantitative bent produced crucial with Laumann and others, e Hollow Core—for which more insights, advanced a vital legal discipline, elevated standards than a thousand interviews were conducted—thoroughly and carefully delineated the relationships among lawyers and lobbyists in the formation of national poli- “His career-long investigations of the patterns of power, in uence, and strat- cies, and in he revisited the social structure of the Chicago bar ication within the legal profession have enabled us to see our discipline in in Urban Lawyers. new ways. And just as important, his methodological rigor and innovative- Since Urban Lawyers, he has created, in collaboration with Ann ness have set a standard for empirical studies of the legal profession.” Southworth and Anthony Paik, a series of network-analysis-based —JIDE NZELIBE, PROFESSOR OF L AW AND studies of lawyers’ inuence on ASSOCIATE DEAN OF FACULTY AFFAIRS policy making. e editors of a symposium in honor of Heinz, which was published in the journal of legal scholarship, and inspired subsequent generations Law & Social Inquiry, describe this recent work as “an exten- of scholars and practitioners. Having retired from the sive research enterprise” that has “refreshed the agenda of Law School in , he is now Owen L. Coon Professor of research on the power of lawyers.” Law Emeritus. Heinz’s interests and methods established him as a leader “e themes of Jack’s work are deeply important,” observed in the law and society movement, which in its early years was Jide Nzelibe, professor of law and associate dean of faculty centered at Northwestern and a handful of other universities. aairs. “His career-long investigations of the patterns of Among other things, he was the rst director of the univer- power, inuence, and stratication within the legal profession sity’s Program in Law and the Social Sciences; he chaired have enabled us to see our discipline in new ways. And just as the Law and Justice Program at the university’s Institute for important, his methodological rigor and innovativeness have Policy Research; he served on the editorial board of Law and set a standard for empirical studies of the legal profession.” Society Review; and he received the Harry Kalven Prize from Heinz’s rst large-scale research into the legal profession the Law and Society Association for distinguished research. began in , when he and sociologist Edward Laumann led “Jack’s leadership in the law and society movement was an expansive study—which included interviews—of the typical of the leadership he has shown everywhere,” said Chicago bar. e resulting book, Chicago Lawyers: e Social Shari Diamond, Howard J. Trienens Professor of Law. “I Structure of the Bar, published in , gained widespread think he earns that leadership in part because he is admirable attention for its detailed prole of the practice of law, and in so many ways—as a careful and thorough scholar; as an

32 | NORTHWESTERN LAW REPORTER also published articles in national publications about jazz, boxing, and the natural history of the Adirondack Mountains, and he edited a book about the drawings and paintings of the artist Mary Sprague. He taught criminal law from his rst year at the law school until his last, bringing his wide-ranging curiosity into the classroom in ways that inuenced many students. Evan Meagher (JD-MBA ’) was a student in the last criminal law class that Heinz taught and remembers him as “invigorated by the intellectual discourse and able to mine cases deeply for meaning. We spent weeks on one case from the s, Robinson v. California, and Professor Heinz’s evident passion for the material maintained everyone’s interest.” Heinz’s contributions are still vitally important, said Dean Daniel B. Rodriguez: “Jack’s early work anticipated many of the issues that

Jack Heinz still face the legal profession, and all of society, today—diversity, rm structure, career satisfaction, and the policy inuence of lawyers, to name just a few. Not only is he still address- innovator in applying sophisticated research methodologies; ing those things with the kinds of methodological rigor they as a teacher, mentor, and adviser; and, more generally and require, he has inspired scholars in the US and around the maybe more importantly, as a wise, interesting, and generous world to do the same.” human being.” From the rustic Adirondack cabin where he spends every Virtually whenever something important happened at the summer, Heinz reported earlier this year that his work is Law School, Heinz’s leadership was sought. Among other continuing on many fronts. He, Southworth, and Paik are things, he chaired two dean searches, served from to completing a national study on lawyers in politics; he is on the committee that steered the creation of the Rublo still consulting with the Appleseed Fund concerning law Building, and served three terms as chair of the faculty reform projects, particularly regarding criminal law; he and appointments committee. his wife completed and submitted to a potential publisher Outside the Law School, he worked half-time for more than a book based on letters written by three young working-class years at the American Bar Foundation, including an inu- women in the years just before the Civil War; and he’s doing ential four-plus years as executive director; he was a director more popular-journalism writing about the Adirondacks for many years of organizations that include the prison-reform- and other topics. focused John Howard Association of Illinois and the Appleseed “A career as a scholar is an almost unmixed blessing,” Fund for Justice; and he served on many government com- Heinz reected. “Someone pays you to pursue your interests. missions aimed at the fair administration of justice. In retrospect, my career looks more coherent than it seemed Demonstrating the truth in Professor Diamond’s addi- at the time. I just did the day’s work, for a considerable accu- tional observation that “Jack is a Renaissance guy,” Heinz has mulation of days. I was busy. I still am.” n —Jerry de Jaager

FALL 2013 | 33 FACULTY FOCUS

New Faculty Three distinguished scholars will join Northwestern Law in 2013–14, enhancing the diversity of interests and expertise that distinguish the school’s faculty.

Michelle Falkoff position with a background in creative writing and CLINICAL ASSOCIATE PROFESSOR OF LAW; intellectual property. COMMUNICATION AND LEGAL RE ASONING “Law and narrative are two things that I love, and I PROGRAM (FALL 2013) spent years trying to gure out how to pick and choose between them,” said Falko. “I thought I had to give BA, University of Pennsylvania; JD, Columbia University; up creative writing when I got into law, but I’ve found MFA, University of Iowa that there’s a lot of overlap between the two. Writing is Michelle Falko joins Northwestern Law as the new all about prediction and persuasion—it doesn’t matter director of the Communication and Legal Reasoning what eld you’re in. is is particularly helpful in Program. In this capacity she will work to develop new teaching legal writing and analysis. ere is so much programming and curriculum. Falko comes to the evolution happening in the legal academy, so it’s a really exciting time to be a legal writing teacher.” Falko received her law degree from Columbia University and practiced intellectual property litigation in Silicon Valley before leaving legal practice to go to the Iowa Writers’ Workshop, where she received a master of ne arts degree in ction writing. She also taught legal analysis, writing, and research at the University of Iowa Law School. “Northwestern is a great school that carries many of the benets of being an institution in a big city with a variety of resources in the Chicago legal community,” said Falko. “It will be my goal to use those benets to push the CLR program to a place where students will be primed and ready to enter the legal eld.” n Michelle Falkoff

Laura Pedraza-Fariña implications of sociological studies on tacit scientic ASSISTAN T PROFESSOR OF LAW (FALL 2013) knowledge for the disclosure theory of patent law, and a study of how the specialized court structure of patent BA, Oberlin College; PhD, Yale University; law inuences the content of patent decisions. JD, Harvard University “I appreciate Northwestern Law’s emphasis on Laura Pedraza-Fariña is an emerging scholar in interdisciplinary study, as that is really helpful for my intellectual property, patent law, and international scholarship,” said Pedraza-Fariña. “In my research I organizations. She was previously a visiting lecturer combine sociology and the history of science and use and law research fellow at Georgetown Law, where she these insights to study patent law.” researched and wrote about the role of nonstate actors Before attending Harvard Law, Pedraza-Fariña in global governance and the role of teamwork and received a PhD in genetics from Yale University cross-disciplinarity in innovation. with the intention of conducting scientic research. Her scholarship on intellectual property law uses the She worked as a consultant for the Open Society methodology of history and sociology of science and Foundations, where she researched the national imple- technology to analyze and inform the design of patent mentation of global commitments to ght HIV/AIDS. law. Her current projects include an analysis of the Her work there sparked an interest in patent law.

34 | NORTHWESTERN LAW REPORTER Pedraza-Fariña will teach classes in property law and patent law and a seminar on patent law and innovation. She plans to incorporate many recent patent law decisions into her teaching. “Policy and theory are a part of my class because they are usually tethered to how decisions play out in the courts,” she said. “Patent law and science technology have evolved so much over the past few years, to a point where there is a quandary in guring out what should be patented and what should not. ese are issues that make for perfect classroom discussion and debate.” n Laura Pedraza-Fariña

Carole Silver Before returning to Northwestern, Silver was profes- PROFESSOR OF GLOBAL L AW AND PRAC TICE sor of law at Indiana University Maurer School of Law, (SPRING 2013) where she taught a new course on global corporate law and lawyering and a rst-year course on the legal pro- BA, University of Michigan; fession, among other things. While at Indiana, she also JD, Indiana University Maurer School of Law served as director of the Law School Survey of Student Carole Silver is returning to Northwestern as Professor Engagement, which is a survey of students used by law of Global Law and Practice. Her research investigates schools in the United States, Canada, and Australia to the inuence of globalization on the legal profession, investigate and improve student learning and engage- including issues related to regulation of the profession, ment. Earlier, she was executive director of the Center organizational structures, and legal education. She for the Study of the Legal Profession and visiting pro- has explored the role of gender in global legal practice, fessor of law at Georgetown Law Center. focusing on the presence of women among partners, Silver’s work at Northwestern local lawyers, and expatriates in global law rms. Her Law will continue to focus on Carole Silver work also addresses the ways in which law rms are globalization and the legal global organizations; she has used lawyer biographies profession. “I am interested in to analyze global strategies and patterns of growth of learning more about the struc- large US-based law rms. Additionally, she examines tural factors that shape and the value of US legal education in the careers of inter- inhibit interaction among indi- national lawyers, and the ways in which US law schools viduals from dierent coun- prepare students for practicing in a global environment. tries and cultures, whether in Her scholarly interest in globalization began at a law school with an interna- Northwestern Law, where she was on the faculty from tional student body or a law to . During that period, she taught courses rm with a global footprint,” on globalization and the legal profession, business she said. “Interaction is associations, conict of laws and international securi- crucial to success in a global ties regulation, and comparative corporate governance, market. e legal profes- among others. She also taught an early version of the sion now is intensely global International Team Project course, traveling with stu- at the same time that it also dents to Singapore. has maintained an impor- “It is exciting to return to Northwestern Law, a place tant local focus; this tension, that fostered my early research on globalization and among others, is at the core of international legal education,” said Silver. my research." n

FALL 2013 | 35 FACULTY FOCUS

New Clinical Faculty Northwestern Law’s clinical faculty includes more than 30 nationally recognized scholars who combine classroom instruction with hands-on experience for the more than 200 students who take clinical courses each year. Four professors are joining the Bluhm Legal Clinic faculty this year.

Alyson Carrel will continue to teach and do research worked with a wide range of clients, includ- CLINICAL ASSISTAN T PROFESSOR within the Clinic’s Center on Negotiation ing the Federal Reserve Bank of Chicago, OF LAW and Mediation. the YMCA, the US Department of Housing “Negotiation and mediation give law and Urban Development, and the Circuit BA, University of Florida; JD, University of students the choice to strategically assess Court of Cook County. Missouri–Columbia what is the right process for their clients,” Carrel previously managed a mediation said Carrel. “e Center allows us to help service for child protection/dependency students become good strategic thinkers in cases in the Eighth Judicial Circuit of terms of representing clients.” Florida. She also helped train and manage Carrel’s interest in mediation, negotia- University of Florida law students in small- tion, and conict resolution was sparked at claims mediation, victim-oender media- a workplace conict management training tion, and conict resolution skills. in . Since then she has trained thou- Carrel subscribes to the Center on sands of people in those skills. Negotiation and Mediation’s approach to “at training was the rst time I was teaching—experiential learning and practi- exposed to the very structured process cal application—and aims to teach students of mediation,” she said. “I was intrigued to serve as advocates and counselors in Alyson Carrel because it empowered parties, had a long- helping clients solve their problems. lasting resolution, and was party centered, “ere is a need for experiential learning Aer serving last year as a visiting clini- driven, and designed.” and practice-ready students,” said Carrel. cal assistant professor at Northwestern A former training director for the Center “With the Center, all of the curriculum is Law, where students voted her outstanding for Conict Resolution in Chicago, Carrel experiential, and theory is directly applied to professor of a small class, Alyson Carrel is was lead trainer for CCR’s -hour media- practice. As a result, when students leave, they joining the Bluhm Legal Clinic residential tion skills training and designed and taught have learned to be thoughtful, deliberate, and faculty as a clinical assistant professor. She a variety of customized trainings. She strategic in their approach and techniques.” n

Laura Nirider Laura Nirider CLINICAL ASSISTAN T PROFESSOR OF LAW

BA, University of Chicago; JD, Northwestern University

Newly promoted clinical assistant professor Laura Nirider (JD ’) is no stranger to Northwestern Law. In addition to being an alumna, Nirider has been project codirector of the Bluhm Legal Clinic’s Center on Wrongful Convictions of Youth since , and she has held positions here as a clinical fellow and adjunct professor. In her new role Nirider will continue to represent clients and will coteach a clinical course on wrongful convictions of youth, with a focus on juvenile police interrogations and confessions. “e work that I do with the CWCY is extremely rewarding; I’m excited to continue with the mission of helping wrongfully convicted youth,” said Nirider. “My work with the Clinic was one of the highlights of studying law here. It’s exciting to be surrounded by such amazing minds doing spectacular work.”

36 | NORTHWESTERN LAW REPORTER Nirider has represented several Rob Owen defendants in high-prole cases CLINICAL PROFESSOR OF LAW involving juvenile false confes- AB, MA, University of Georgia; JD, Harvard sions, including members of the University West Memphis ree case, one of the highest-prole murder cases in One of the nation’s leading death penalty Arkansas history. Rob Owen defense lawyers, Rob Owen joins Northwestern Aside from working on wrongful Law as a clinical professor. He was a visiting convictions cases, Nirider is involved professor here in –, working with Bluhm Legal Clinic students and sta. In the case in public advocacy for juvenile inter- of Texas inmate Henry Skinner, they won a rare stay of execution and DNA testing. rogation reforms, including collab- Owen will continue his work on death penalty cases and will teach students to prepare orative eorts with law enforcement, briefs, pleadings, and petitions for prisoners sentenced to death in state and federal cases. “which I hope will play an integral “I am really excited about being associated with a university that has such a powerfully role in preventing more wrongful strong commitment to social justice,” said Owen. conviction cases in the future,” Since Owen has defended people facing the death penalty at every level of state and she said. federal court systems. He received the urgood Marshall Award in recognition of his She has published several articles work representing death-sentenced prisoners. and op-eds on juvenile interroga- Owen began his career as a lawyer with the nonprot Texas Resource Center in Austin. tions and postconviction relief. In Aer six years as a sta attorney there, he worked as an assistant federal public defender in partnership with the International Seattle for three years and then returned to Texas, joining the University of Texas School Association of Chiefs of Police, she of Law faculty in as a clinical professor. ere he codirected the Capital Punishment coauthored one of the only existing Clinic, taught lecture courses on capital punishment, and led an undergraduate freshman juvenile interrogation protocols. n seminar on the death penalty. n

Joshua Tepfer at Northwestern Law,” said Tepfer. “e CLINICAL ASSISTAN T PROFESSOR Clinic as a whole does amazing work, and I OF LAW consider myself fortunate to be able to be a part of such an inspiring movement.” BA, Grinnell College; JD, University of Minnesota Prior to coming to Northwestern Law, Joshua Tepfer has assumed a new title, clini- Tepfer was an appellate defender for the cal assistant professor of law, as he contin- state of Illinois, representing indigent cli- ues as project codirector for the Center on ents in criminal direct and postconviction Wrongful Convictions of Youth. appeals. He litigated cases in the Illinois Tepfer has served as a visiting clinical Supreme Court and coordinated a student assistant professor at Northwestern Law intern training program. since and has codirected the CWCY His interest in wrongful convictions Joshua Tepfer since its inception. e CWCY is the only began when, as a visiting student at innocence project in the country that focuses Northwestern Law, he worked with the represented two of the men wrongfully exclusively on minors convicted or accused Children and Family Justice Center. “e convicted and eventually exonerated. of crimes. Tepfer teaches clinical courses on work that I do with students is particularly He has also worked with CWCY sta, wrongful convictions of youth, with a focus special to me for this reason,” he said. students, and attorneys to instate policy on police interrogations and confessions. In his time with the CWCY, Tepfer change to transform juvenile interrogation “ere’s no greater feeling in the world has played a leading role in the high- tactics and has trained law enforcement than being able to represent the innocent, prole cases of the Dixmoor Five and the ocials and others in best practices for so I’m excited to continue my work here Englewood Four, in which the CWCY questioning youth. n

FALL 2013 | 37 FACULTY FOCUS

Visiting Faculty 2013–14 Northwestern Law welcomes faculty who will be visiting during the 2013–14 academic year.

Miguel de Figueiredo board of directors of the American Law and the District of Columbia’s Public Defender VISIT ING ASSISTANT PROFESSOR Economics Association and formerly served Service, representing clients charged with (2013–14) on the board of directors of the National a variety of oenses including conspiracy, BA, Johns Hopkins University; MA, University Tax Association. Until recently, he was obstruction of justice, and other serious of Chicago; JD, Yale University; PhD, political editor-in-chief of the peer-reviewed journal felonies. Hawilo clerked for Hon. David science, University of California, Berkeley International Tax and Public Finance. His W. McKeague, who currently sits on the (expected 2014) PhD thesis was awarded the National US Court of Appeals for the Sixth Circuit. Tax Association’s Outstanding Doctoral Miguel de Figueiredo’s research focuses Dissertation Award. Dharmapala’s scholar- Caroline Kaeb on the areas of criminal law, international ship, which spans the elds of taxation, the VISIT ING ASSISTANT PROFESSOR law, comparative law, election law, law economic analysis of law, and corporate (RETURNING FOR 2013–14) and development, corruption, and voting nance and governance, has been pub- Diplom-Jurist Univ. and First State Board behavior. His current work examines lished in leading scholarly journals in law, Examination, Friedrich-Alexander-University the eects of sentencing for drunk driv- economics, and nance and has been cited Erlangen-Nuremberg School of Law; LLM, ing; probes the eects of expungement on in various media outlets, including the New George Washington University; PhD, interna- recidivism and employment; analyzes the York Times, the Washington Post, Bloomberg tional studies, University of Trento impact of corruption and information on Businessweek, and e Economist. voting behavior; and explores the eects Caroline Kaeb teaches Corporate of policies designed to curb tax evasion Maria Hawilo Compliance and the Social Mandate, by rms. His research has been supported Corporations, European Union Law, and VISITING CLINICAL ASSISTAN T by the National Science Foundation, the European Business Law. Kaeb began her PROFESSOR OF L AW (2013–14) Social Science Research Council, Yale Law academic career at Northwestern Law BS, JD, University of Michigan School’s Oscar M. Ruebhausen Fund, and in , serving as a research associ- the University of California, Berkeley’s Maria Hawilo joins Northwestern Law this ate for the Bluhm Legal Clinic’s Center Center for Eective Global Action and year as a visiting clinical assistant profes- for International Human Rights and as Survey Research Center. sor of law in the Bluhm Legal Clinic, where an adjunct professor before becoming a she will be co-teaching the Juvenile Justice visiting assistant professor of law in . Dhammika Dharmapala Criminal Trials and Appeals Clinic with She is also an aliated faculty member VISITING PROFESSOR OF L AW omas Geraghty (JD ’) and assisting at the Ford Motor Company Center for (FALL 2013) with the supervision of students who have Global Citizenship at the Kellogg School of MEc, University of Western Australia; PhD, been assigned criminal cases. Previously Management (by courtesy). Her main areas economics, University of California, Berkeley she served as a supervising attorney for of research are international business law,

Dhammika Dharmapala is visiting Northwestern Law this fall from the University of Illinois at Urbana-Champaign, where he serves as a professor at the College of Law and a professor of nance (by courtesy) at the College of Business. He is also an International Research Fellow of the Oxford University Centre for Business Taxation and a fellow of the CESifo Research Network (based in Munich). He has previously held postdoctoral or visiting positions at Harvard, Michigan, Georgetown, and the Australian National University. Dharmapala serves on the

38 | NORTHWESTERN LAW REPORTER comparative private law, corporate compliance, European Union law, law and social norms, and international law. Kaeb earned her PhD in international studies (international law and economics) from Italy’s University of Trento with a dissertation that relates a comparative legal understanding of corporate risks, motivational drivers, and unintended consequences to endog- enous and exogenous measures of corporate social responsibility implementation, particularly liability litigation in the United States and Europe.

Pierre Legrand Northwestern Law, where he has served doctoral work focused on the study of as a visiting professor each fall since . crime, law, and deviance, and her disserta- VISITING PROFESSOR OF L AW Riskin’s work centers on mindsets with tion research examined the phenomenon of (SPRING 2014) which lawyers and other dispute resolvers death-sentenced individuals who seek their BCL and LLB, McGill University; DEA and approach their work. Since he has been own execution. She teaches criminal law PhD, Université Panthéon-Sorbonne; MLitt, mediating, writing about mediation, and and a seminar on law and society research. University of Oxford; PhD, Lancaster University training lawyers and law students in media- Pierre Legrand is professor of law at the tion and other methods of dispute resolu- David Schwartz Université Panthéon-Sorbonne, where, aer tion. He also teaches and studies mindful- VISITING PROFESSOR OF L AW serving for years as director of postgrad- ness as a method of enhancing performance (SPRING 2014) uate comparative legal studies, he is now and satisfaction. He previously served as C. BS, University of Illinois at Urbana-Champaign; responsible for the postgraduate program A. Leedy and Isidor Loeb Professor of Law JD, University of Michigan on globalization and legal pluralism. In the at the University of Missouri–Columbia Next spring David Schwartz will visit from course of his academic career, Legrand has School of Law, where he founded and, for IIT Chicago–Kent College of Law, where held visiting professorships at a number of years, directed the Center for the Study of he is an associate professor of law and universities and has taught and lectured Dispute Resolution. codirector of the Center for Empirical in more than countries, including the Studies of Intellectual Property. Prior to United States, Canada, Australia, China, Meredith Martin Rountree entering academics in , he practiced Brazil, Singapore, and nations throughout VISIT ING ASSISTANT PROFESSOR intellectual property law for more than Europe. His teaching and writing focuses (2013–14) a decade, focusing on patents and patent on comparative legal studies with reference AB, Yale University; JD, Georgetown University; litigation. Schwartz’s research focuses on to theoretical issues arising from compara- PhD, University of Texas at Austin empirical studies of patent law and judicial tive interventions. He publishes in English Meredith Martin Rountree joins behavior, including the use of contingent and French, and his work has been trans- Northwestern Law aer spending a year fee representation in patent litigation; lated into various other languages. as a doctoral fellow at the American reversal rates in patent claim construction Leonard Riskin Bar Foundation and a year as a research cases; litigation involving nonpractic- fellow in the Capital Punishment Center ing entities; the eect of the presumption VISITING PROFESSOR OF L AW at the University of Texas School of Law. of validity on jurors; and the doctrine of (FALL 2013) Before pursuing a PhD in sociology at the equivalents. He has also studied the use BS, University of Wisconsin–Madison; University of Texas at Austin, she taught of legal scholarship by the judiciary. His JD, New York University; LLM, Yale University at the University of Texas School of Law, writing has appeared in the Cornell Law is fall Leonard Riskin, Chestereld where she helped establish the Capital Review, the Harvard Journal of Law and Smith Professor of Law at the University of Punishment Center and co-directed its Technology, the Michigan Law Review, and Florida’s Levin College of Law, returns to Capital Punishment Clinic. Rountree’s the Northwestern University Law Review.

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Faculty Publications The Northwestern Law faculty produces world-class scholarship on a diverse range of legal issues. The following is a selection of scholarly works by residential faculty published between July 1, 2012, and June 30, 2013.

Ronald J. Allen “The Multiple Roles of International Courts and “Equity Decoupling and Empty Voting: The TELUS JOHN HENRY WIGMORE PROFESSOR OF LAW Tribunals: Enforcement, Dispute Settlement, Zero-Premium Share Swap.” M&A Lawyer. 2012. “American Exclusionary Rule(s).” Evidence Science Constitutional and Administrative Review.” “How Do the Elderly Fare in Medical Malpractice (in English and Mandarin). 2012. International Law and International Relations: Litigation, Before and After Tort Reform? Evidence Synthesizing Insights from Interdisciplinary “Burdens of Proof.” Evidence Science (in English from Texas.” American Law and Economics Review Scholarship, edited by Jeffrey L. Dunoff and Mark and Mandarin). 2012. (with Myungho Paik, David A. Hyman, William M. A. Pollack. Cambridge University Press. 2013. Sage, and Charles M. Silver). 2012. “The Conceptual Challenge of Expert Evidence.” Derecho Probatorio Contemporáneo: Prueba Kenneth Ayotte “Is Delaware Losing Its Cases?” Journal of Cientí ca y Técnicas Forenses (Contemporary PROFESSOR OF LAW Empirical Legal Studies (with John Armour and Law of Evidence: Scienti c Proof and Forensic Brian Chef ns). 2012. “Legal Entities as Transferable Bundles of Techniques), edited by Leonardo David López Contracts.” Michigan Law Review (with Henry “Public Reporting of Hospital Infection Rates: Not Escobar. Universidad de Medellín. 2012. Hansmann). 2013. All Change Is Progress.” Jurimetrics (with David A. “Dif culties with Exclusionary Rules.” Evidence Hyman). 2013. Science. 2012. Esther S. Barron “Public Reporting of Hospital Infection Rates: “How to Think about Errors, Costs, and Their CLINICAL PROFESSOR OF LAW Ranking the States on Report and Website Allocation.” Florida Law Review. 2012. Entrepreneurship Law: Cases and Materials (with Content, Credibility, and Usability.” Studies in “Reforming the Law of Evidence of Tanzania (Part I): Stephen F. Reed). Wolters Kluwer. 2013. Health Technology and Information (Proceedings of The Social and Legal Challenges.” Boston 2013 Conference on Information Technology and University International Law Journal (with Timothy Robert W. Bennett Communications in Health) (with Ava Amini, David Fry, Jessica Notebaert, and Jeff VanDam). 2013. NATHANIEL L. NATHANSON W. Birnbaum, and David A. Hyman). 2013. PROFESSOR OF LAW “Reforming the Law of Evidence of Tanzania (Part II): “Tension between Quality Measurement, Public Conceptual Overview and Practical Steps.” Boston “Electoral College Reform at the State Level.” Quality Reporting, and Pay for Performance.” JAMA University International Law Journal (with Timothy America Votes! A Guide to Modern Election Law (with Steven A. Farmer and Robert O. Bonow). Fry, Jessica Notebaert, and Jeff VanDam). 2013. and Voting Rights, 2nd ed., edited by Benjamin 2013. E. Grif th. American Bar Association, Section of “Standards of Proof and the Limits of Legal State and Local Government Law. 2012. Deborah L. Borman Analysis” (“Los Estándares de Prueba y los Límites CLINICAL ASSISTANT PROFESSOR OF LAW del Análisis Jurídico”). Estándares de Prueba “Tensions in Melding Democracy and Judicial y Prueba Cientí ca. Ensayos de Epistemología Review.” Annuario di Diritto Comparato e di Studi “Freeze! Using Theatre Improvisation Techniques to Jurídica, edited by Carmen Vázquez. Marcial Pons. Legislativi. 2012. Practice Oral Argument.” Law Teacher (with Dana 2013. Hill). 2012. Bernard Black “The Unfortunate Story Exercise: Recognizing a “Taming Complexity: Rationality, the Law of NICHOLAS D. CHABRAJA PROFESSOR OF Diversity of Student Experience.” Law Teacher. Evidence and the Nature of the Legal System.” Law, LAW AND BUSINESS Probability and Risk. 2013. 2012. “Delaware Corporate Litigation and the Karen Alter Fragmentation of the Plaintiff’s Bar.” Columbia Thomas J. Brennan PROFESSOR OF LAW (BY COURTESY) Business Law Review (with Brian Chef ns and John PROFESSOR OF LAW “Legitimacy and Lawmaking: A Tale of Three Armour). 2012. “Do Labyrinthine Legal Limits on Leverage Lessen International Courts.” Theoretical Inquiries in Law “Delaware’s Balancing Act.” Indiana Law Review the Likelihood of Losses? An Analytical Framework.” (with Laurence Helfer). 2013. (with John Armour and Brian Chef ns). 2012. Texas Law Review (with Andrew W. Lo). 2012.

40 | NORTHWESTERN LAW REPORTER “An Evolutionary Model of Bounded Rationality and David Dana Laura Nirider and Joshua Tepfer). International Intelligence.” Plos One (with Andrew W. Lo). 2012. KIRKLAND & ELLIS PROFESSOR OF LAW Association of Chiefs of Police/Of ce of “The Case For an Information-Forcing Regulatory Juvenile Justice and Delinquency Prevention, US Robert P. Burns De nition of ‘Nanomaterials.’” Pace Environmental Department of Justice. 2012. PROFESSOR OF LAW Law Review. 2013. “Advocacy in the Era of the Vanishing Trial.” Joshua B. Fischman “One Green America: Continuities And ASSOCIATE PROFESSOR OF LAW University of Kansas Law Review. 2013. Discontinuities In Environmental Federalism In “Interpreting Circuit Court Voting Patterns: A “What Will We Lose If the Trial Vanishes?” Defense The United States.” Fordham Environmental Law Social Interactions Framework.” Journal of Law, Law Journal. 2012. Review. 2013. Economics, and Organization. 2013. Steven G. Calabresi Shari Seidman Diamond “Racial Disparities under the Federal Sentencing CLAYTON J. AND HENRY R. BARBER HOWARD J. TRIENENS PROFESSOR OF LAW Guidelines: The Role of Judicial Discretion and PROFESSOR OF LAW “Control Foundations: Rationales and Approaches.” Mandatory Minimums.” Journal of Empirical Legal Studies (with Max M. Schanzenbach). 2012. “The Constitution and Disdain.” Harvard Law Trademark and Deceptive Advertising Surveys. Review Online Forum. 2012. American Bar Association, Section of Intellectual Property Law. 2012. Alison R. Flaum “Monopolies and the Constitution: A History of CLINICAL ASSOCIATE PROFESSOR OF LAW “Does Criminal Diversion Contribute to the Crony Capitalism.” Harvard Journal of Law and Vanishing Civil Trial?” DePaul Law Review (with “Transfer of Jurisdiction.” Illinois Juvenile Law and Public Policy (with Larissa C. Leibowitz). 2013. John B. Meixner). 2013. Practice, edited by Lawrence Schlam. Illinois “Originalism and Loving v. Virginia.” Brigham Young Institute for Continuing Legal Education. 2013. “Internet Surveys for Evaluating Trademark University Law Review (with Andrea Matthews). Infringement and Deceptive Advertising.” 2012. Daniel Gandert Trademark and Deceptive Advertising Surveys (with LECTURER “The Rise and Fall of the Separation of Powers.” Roger Tourangeau). American Bar Association, “The Intersection of Women’s Olympic Sport and Northwestern University Law Review (with Mark E. Section of Intellectual Property Law. 2012. Intersex Athletes: A Long and Winding Road.” Berghausen and Skylar Albertson). 2012. “The ‘Kettleful of Law’ in Real Jury Deliberations: Indiana Law Review (with Alfred Bae, Timothy “Showcase Panel IV, The Federalist Society 2012 Successes, Failures, and Next Steps.” Woerner, and Teresa Meece). 2013. National Lawyers Convention: An Examination of Northwestern University Law Review (with Beth Substantive Due Process and Judicial Activism.” Murphy and Mary R. Rose). 2012. Thomas F. Geraghty Texas Review of Law and Politics. 2013. “Surveys in Dilution Cases II.” Trademark and Deceptive CLASS OF 1967 JAMES B. HADDAD “State Bills of Rights in 1787 and 1791: What Advertising Surveys. American Bar Association, PROFESSOR OF LAW Individual Rights Are Really Deeply Rooted Section of Intellectual Property Law. 2012. “A Tribute to Louise McKinney.” Case Western in American History and Tradition?” Southern Reserve Law Review. 2012. Peter DiCola California Law Review (with Sarah E. Agudo and ASSOCIATE PROFESSOR OF LAW Kathryn L. Dore). 2012. Stephen B. Goldberg “An Information-Gathering Approach to Copyright PROFESSOR OF LAW EMERITUS “Tribute to Justice John Paul Stevens.” Policy.” Cardozo Law Review (with Matthew Sag). Dispute Resolution: Negotiation, Mediation, Northwestern University Law Review. 2012. 2012. Arbitration, and Other Processes, 6th ed. (with David L. Cameron “Money from Music: Survey Evidence on Musicians’ Frank E. A. Sander, Nancy H. Rogers, and Sarah R. PROFESSOR OF PRACTICE, ASSOCIATE Revenue and Lessons about Copyright Incentives.” Cole). Aspen. 2012. Arizona Law Review. 2013. DIRECTOR, TAX PROGRAM David D. Haddock Federal Taxation of Property Transactions (with Steven A. Drizin PROFESSOR OF LAW Elliott Manning). LexisNexis. 2012. CLINICAL PROFESSOR OF LAW “League Structure and Stadium Rent Seeking—The “Where’s the Treaty Argument?” Tax Notes. 2013. Reducing Risks: An Executive’s Guide to Role of Antitrust Revisited.” Florida Law Review (Reprinted in Tax Notes International. 2013.) Effective Juvenile Interview and Interrogation (with (with Tonja Jacobi and Matthew Sag). 2013.

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Dana Hill BOOK E XCERPT CLINICAL ASSISTANT PROFESSOR OF LAW “Freeze! Using Theatre Improvisation Techniques The Adversary First Amendment: Free Expression and to Practice Oral Argument.” Law Teacher (with Deborah L. Borman). 2012. the Foundations of American Democracy

Tonja Jacobi BY MARTIN H. REDISH PROFESSOR OF LAW Stanford University Press, 2013 “League Structure and Stadium Rent Seeking—The “‘Adversary democracy’ is a democratic theory that acknowledges Role of Antitrust Revisited.” Florida Law Review (with David Haddock and Matthew Sag). 2013. that disagreement characterizes collective self-government in a heterogeneous society and that values democracy precisely for Emily Kadens the autonomy it provides the individual in this setting of conict. PROFESSOR OF LAW It is adversarial in the descriptive sense because it recognizes that “Custom’s Two Bodies.” Center and Periphery: Studies on Power in the Medieval World in Honor Martin H. Redish is the individuals’ conicting interests will always divide a heteroge- of William Chester Jordan, edited by Katherine L. Louis and Harriet Ancel neous society and, to varying degrees, aect individuals’ partici- Jansen, G. Geltner, and Anne E. Lester. Brill. 2013. Professor of Law and Public Policy pation in self-government. Adversary democracy recognizes that, “How Customary Is Customary International Law?” in a large and diverse society, the notion of a consensus form of William and Mary Law Review (with Ernest A. democratic decision making in which the collective cooperatively Young). 2013. seeks to advance the ‘common good’ is unrealistic at best and “Introduction: Lessons from the History of Custom.” Texas International Law Journal. 2013 manipulative at worst. is form of democracy is adversarial in “Myth of the Customary Law Merchant.” Texas Law the normative sense because it recognizes democracy as a system Review. 2012. of collective self-government that manages conict—and thus protects and facilitates individual autonomy—by institutional- Joshua Seth Kleinfeld ASSISTANT PROFESSOR OF LAW izing it as a normal part of democratic life. “Linguistic Confusion in Court: Evidence from the Cooperative theories of democracy either unrealistically Forensic Sciences.” Journal of Law and Policy. 2013. assume individuals will ignore their own self-interest or personal “A Theory of Criminal Victimization.” Stanford Law Review. 2013.

Jonathan Koehler “Justice Stevens, Religious Enthusiast.” Steven Lubet BEATRICE KUHN PROFESSOR OF LAW Northwestern University Law Review. 2012. EDNA B. AND EDNYFED H. WILLIAMS “Pro ciency Tests to Estimate Error Rates in the “‘Necessary,’ ‘Proper,’ and Health Care Reform.” MEMORIAL PROFESSOR OF LAW Forensic Sciences.” Law, Probability and Risk. The Health Care Case: The Supreme Court’s “Clarence Darrow, Neuroscientist: What Trial 2013. Decision and Its Implications, edited by Nathaniel Lawyers Can Learn from Decision Science.” Persily, Gillian E. Metzger, and Trevor W. Morrison. American Journal of Trial Advocacy (with Sara Eugene Kontorovich Oxford University Press. 2013. PROFESSOR OF LAW Whitaker). 2012. “Originalism, Abortion, and the Thirteenth “Escape from Harper’s Ferry.” North and South. “Discretion, Delegation, and De ning in Amendment.” Columbia Law Review. 2012. the Constitution’s Law of Nations Clause.” 2012. “Respect and Contempt in Constitutional Law, or, Is Northwestern University Law Review. 2012. “Execution in Virginia, 1859: The Trials of Green Jack Balkin Heartbreaking?” Maryland Law Review. “Piracy.” National Security Law in the News: A and Copeland.” North Carolina Law Review. 2013. 2012. Guide for Journalists, Scholars and Policymakers, John Brown’s Spy: The Adventurous Life and Tragic The Tough Luck Constitution and the Assault on edited by Paul Rosenzweig, Timothy J. McNulty, Confession of John E. Cook. Yale University Press. and Ellen Shearer. American Bar Association/ Health Care Reform. Oxford University Press. 2013. 2012. Northwestern University Medill School of “Veil of Ignorance: Tunnel Constructivism in Free Journalism. 2012. Speech Theory.” Northwestern University Law Judicial Conduct and Ethics, 5th ed. (with Jeffrey Review. 2013. M. Shaman and James J. Al ni). LexisNexis. 2013. Andrew Koppelman JOHN PAUL STEVENS PROFESSOR OF LAW Katherine Litvak Joseph Margulies “And I Don’t Care What It Is: Religious Neutrality in PROFESSOR OF LAW PROFESSOR OF PRACTICE American Law.” Pepperdine Law Review. 2013. “Does Reputation Limit Opportunistic Behavior in “Republican Virtue and Expert Discourse: A Defending American Religious Neutrality. Harvard the VC Industry? Evidence from Litigation against Response to Professor Rana.” Connecticut Law University Press. 2013. VCs.” Journal of Finance. 2012. Review (with Luke Herrine). 2012.

42 | NORTHWESTERN LAW REPORTER ideology to pursue a common good or assume that democratic pro- between democracy cesses can resolve conict by somehow forging a common will. and free expression. Adversary democracy institutionalizes and thus tempers conict Recognition of both the in two ways. First, it grants individuals equal power to aect the normative and empirical outcome of collective decision making by virtue of their power to superiority of the adver- vote. In this sense, adversary democracy understands democracy sary model of democracy, as an ex ante agreement among potential opponents to resolve dis- however, suggests that putes as merely adversaries, rather than mortal enemies. e value the First Amendment’s of democracy from this perspective is simultaneously individuals’ domain extends sig- power to seek to implement their preferences and their security nicantly further than from domination even when they are in the minority. prior free speech theories e theory is ‘adversarial’ because it recognizes that democratic would permit. decision making involves a contest between individuals who each e adversary theory possess power to aect its outcome. e individual’s power to of free expression pro- vote, in and of itself, does not automatically constitute the power tects and even values the to institutionalize and enforce his preferences. Nevertheless, he promotion of self-interest. possesses the ability to join with others having shared interests It does so in part for the and ideologies to inuence public opinion and shape the outcome practical reason that self-interest creates an incentive for speech of collective decisions by inuencing the votes of other individuals. that facilitates democratic decision making. And it does so also e relationship is adversarial, rather than cooperative, because it on the basis of the recognition that the collective decision making acknowledges that collective decision making will inevitably pro- process may ignore the individual’s interest entirely unless the indi- duce winners and losers. vidual represents it himself. But, more fundamentally, it does so for Acceptance of the premises of adversary democracy has impor- the theoretical reason that autonomy requires that individuals have tant implications for the scope of the theory of free expression. Free the freedom to decide how they want to govern themselves and how speech theorists are correct in positing a symbiotic intersection they want to engage in the process of collective decision making.” n

What Changed When Everything Changed: 9/11 Joshua Tepfer and Steven A. Drizin). International Civil Procedure: A Modern Approach, 6th ed. (with and the Making of National Identity. Yale University Association of Chiefs of Police/Of ce of Martin H. Redish, Richard L. Marcus, and Edward F. Press. 2013. Juvenile Justice and Delinquency Prevention, US Sherman). West. 2013. Department of Justice. 2012. John O. McGinnis “Preface: Martin H. Redish Festschrift.” GEORGE C. DIX PROFESSOR IN Jide Nzelibe Northwestern University Law Review. 2013. CONSTITUTIONAL LAW PROFESSOR OF LAW “Response: W(h)ither Bivens?” University of Accelerating Democracy: Transforming Governance “Our Partisan Foreign Affairs Constitution.” Pennsylvania Law Review Online. 2013. Through Technology. Princeton University Press. Minnesota Law Review. 2013. 2013. Philip F. Postlewaite PROFESSOR OF LAW Originalism and the Good Constitution (with M. Laura Pedraza-Fariña Rappaport). Harvard University Press. 2013. ASSISTANT PROFESSOR OF LAW Partnership Taxation: Cases, Materials, and “Conceptions of Civil Society in International Problems, 2012–13 ed. (with Robert Wootton). Kathleen Dillon Narko Law-Making and Implementation: A Theoretical Warren, Gorham and Lamont. 2012. CLINICAL ASSOCIATE PROFESSOR OF LAW Framework.” Michigan Journal of International Law. Problems and Materials in Federal Income Taxation, “Plain Language Pays.” CBA Record. 2012. 2013. 8th ed. (with Sanford M. Guerin and Adam H. “Patent Law and the Sociology of Innovation.” Rosenzweig). Wolters Kluwer. 2013. Laura H. Nirider Wisconsin Law Review. 2013. CLINICAL ASSISTANT PROFESSOR OF LAW Stephen B. Presser “Investigative Strategies in Confession Cases.” James E. Pfander RAOUL BERGER PROFESSOR OF LEGAL Children’s Rights Litigation, American Bar OWEN L. COON PROFESSOR OF LAW HISTORY Association, Section of Litigation. 2012. “The Chief Justice, the Appointment of Inferior “American Exceptionalism or Settler Society? Reducing Risks: An Executive’s Guide to Of cers, and the ‘Court of Law’ Requirement.” Towards Post-Imperialism.” Reviews in American Effective Juvenile Interview and Interrogation (with Northwestern University Law Review. 2013. History. 2012.

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BOOK E XCERPT What Changed When Everything Changed: 9/11 and the Making of National Identity BY JOSEPH MARGULIES because we’ve lost our bearings, and eventually return Yale University Press, 2013 to normal, chastened if not much wiser. I call this the “e ideals that make up national identity are not xed myth of deviation and redemption. stars in an unchanging sky but immensely power- Perhaps this myth is an accurate description of the ful symbols that are manipulated and redened to response to other traumatic events in American his- justify competing social arrangements. ey are verbal tory, but it certainly does not describe the course of weapons in a continual struggle to make one or another history since September . e most striking feature Joseph Margulies is a vision of national life dominant in the public square. of the immediate reaction to that day is not the extent Professor of Practice National identity is what we make of it. to which the nation lost its way but the great extent And what have we made of it since /? What I to which it resolved not to do so. e attacks were found was not at all what I expected. I had imagined at instantly cast as a challenge to our shared values, which the start of my research that September would have was taken to mean the values as they were understood thrown us from our true path and that the long decade at the time. is led to a widely shared insistence that since then would have been spent in a struggle to nd those values should remain unchanged. It was not until our way back. e book, as I originally imagined it, years later that the impulse to change our national would be an attempt to map our present location and identity took hold. point the way home. All of this reects the conventional What’s more, the preference for draconian policies wisdom about the American response to crisis—we was not some spontaneous and uncontrollable reaction are supposedly tossed o course, do foolish things to September . At the moment of greatest perceived

“Another Return to ‘First Principles.’” Ohio Northern Activism’ Alternative.” Florida Law Review (with Mandatory Minimums.” Journal of Empirical Legal University Law Review. 2012. Matthew B. Arnould). 2012. Studies (with Joshua B. Fischman). 2012. “A Candle in the Darkness” (review of Antonin “Pleading, Discovery, and the Federal Rules: Scalia and Bryan Garner’s Reading Law: The Exploring the Foundations of Modern Procedure.” David Scheffer Interpretation of Legal Texts). University Bookman. Florida Law Review. 2012. MAYER BROWN/ROBERT A. HELMAN 2012. PROFESSOR OF LAW Stephen F. Reed Law and Jurisprudence in American History, 8th ed. “America’s Embrace of the International Criminal CLINICAL PROFESSOR OF LAW (with Jamil Zainaldin). West. 2013. Court.” Jurist Forum. 2012. Entrepreneurship Law: Cases and Materials (with Piercing the Corporate Veil, 2012 and 2013 eds. “Chasing Leadership Impunity: The Rapid Evolution Esther S. Barron). Wolters Kluwer. 2013. West. 2012, 2013. of International Criminal Law.” Chapman Law Review. 2013. Daniel B. Rodriguez Martin H. Redish DEAN AND HAROLD WASHINGTON “El Signi cado y la Activación del Crimen de LOUIS AND HARRIET ANCEL PROFESSOR OF PROFESSOR Agresión Bajo el Estatuto de Roma de la Corte LAW AND PUBLIC POLICY “Cheap, Easy, or Connected: The Conditions for Penal Internacional.” Politica Criminal. 2012. The Adversary First Amendment: Free Expression Creating Group Coordination.” Southern California “Tribunal Inuence in Recent U.S. Jurisprudence and the Foundations of American Democracy. Law Review (with Mathew D. McCubbins and on Corporate Liability for Atrocity Crimes.” Stanford University Press. 2013. Nicholas Weller). 2013. Proceedings of the Fifth International “The Allocation of Discovery Costs and the Humanitarian Law Dialogs, edited by Elizabeth Foundations of Modern Procedure.” The American Max Schanzenbach Andersen and David M. Crane. American Society Illness: Essays on the Rule of Law, edited by F. H. PROFESSOR OF LAW of International Law. 2012. Buckley. Yale University Press. 2013. “The Impact of Tort Reform on Employer-Sponsored Civil Procedure: A Modern Approach, 6th ed. (with Health Insurance Premiums.” Journal of Law, David M. Shapiro James E. Pfander, Richard L. Marcus, and Edward F. Economics, and Organization (with Ronen Avraham CLINICAL ASSISTANT PROFESSOR OF LAW Sherman). West. 2013. and Leemore S. Dafny). 2012. “How Terror Transformed Federal Prison: “Judicial Review, Constitutional Interpretation, and “Racial Disparities under the Federal Sentencing Communication Management Units.” Columbia the Democratic Dilemma: Proposing a ‘Controlled Guidelines: The Role of Judicial Discretion and Human Rights Law Review. 2012.

44 | NORTHWESTERN LAW REPORTER threat, when fear of another attack was at its Kristen A. Stilt peak, favorable attitudes toward Muslims and HARRY R. HORROW PROFESSOR IN INTERNATIONAL LAW Islam were at record highs throughout all seg- “The End of ‘One Hand’: The Egyptian Constitutional ments of the population, the suggestion that Declaration and the Rift between the ‘People’ and America might torture suspects in custody was the Supreme Council of the Armed Forces.” 16 mocked and ridiculed in the public square, and Yearbook of Islamic and Middle Eastern Law. 2013. many of the counterterror policies pursued by Joshua A. Tepfer the Bush administration were met with wide- CLINICAL ASSISTANT PROFESSOR OF LAW spread opposition. Reducing Risks: An Executive’s Guide to Today, by contrast, tens of millions of Effective Juvenile Interview and Interrogation (with Americans denounce Islam in the most incen- Laura Nirider and Steven Drizin). International Association of Chiefs of Police/Of ce of diary terms, more than half the population Juvenile Justice and Delinquency Prevention, US accepts the idea of torture, and counterterror Department of Justice. 2012. policies that President Bush apparently never “The United States Supreme Court Adopts a dreamed of have been codied into law. Again Reasonable Juvenile Standard in J.D.B. v. North Carolina for Purposes of the Miranda Custody and again, an initial determination within Analysis: Can a More Reasoned Justice System society to preserve national identity has been for Juveniles Be Far Behind?” Harvard Civil Rights– replaced by a determination to transform it. Civil Liberties Law Review. 2013. Still more surprisingly, these repressive attitudes have taken hold even though the Emerson H. Tiller threat from transnational jihad in general and al Qaeda in particular has diminished J. LANDIS MARTIN PROFESSOR OF LAW signicantly. AND BUSINESS My goal in the book is to explain how all this came to pass.” n “Federal Circuit Patent Precedent: An Empirical Study of Institutional Authority and Intellectual Property Ideology.” Wisconsin Law Review (with David R. Pekarek Krohn). 2012. Helene S. Shapo “States Side Story: Career Paths of International “Patent Litigation and the Internet.” Stanford PROFESSOR OF LAW EMERITA LLM Students, or ‘I Like to Be in America.’” Technology Law Journal (with John Allison, Tristan The Law of Trusts and Trustees, rev. 3rd ed., vol. 3 Fordham Law Review. 2012. Bligh, and Samantha Zyontz). 2012. (with George Bogert). West. 2013. James B. Speta Cynthia Wilson Writing and Analysis in the Law, 6th ed. (with CLASS OF 1940 RESEARCH PROFESSOR CLINICAL ASSOCIATE PROFESSOR OF LAW Marilyn R. Walter and Elizabeth Fajans). OF LAW “Funding for Summer Public Interest Work.” Law Foundation Press. 2013. “Supervising Discrimination: Reections of the School Guide to Public Interest Careers. National Interstate Commerce Act in the Broadband Association of Law Placement. 2012. Marshall S. Shapo Debate.” Marquette Law Review. 2012. FREDERIC P. VOSE PROFESSOR OF LAW Telecommunications Law and Policy, 3rd ed. (with Robert Wootton SENIOR LECTURER Shapo on the Law of Products Liability. Wolters S. Benjamin, H. Shelanski, and P. Weiser). Carolina Kluwer. 2013. Academic Press. 2012. Partnership Taxation: Cases, Materials, and Problems, 2012–13 ed. (with Philip F. Postlewaite). Jeffrey Shefeld Matthew Spitzer Warren, Gorham and Lamont. 2012. SENIOR LECTURER HOWARD AND ELIZABETH CHAPMAN “Property’s Perspective (or of Whom to Be Jealous).” PROFESSOR Kimberly A. Yuracko STANFORD CLINTON SR. AND Z YLPHA University of Pennsylvania Law Review Online. “Left, Right, and Center: Strategic Information KILBRIDE CLINTON RESEARCH PROFESSOR 2013. Acquisition and Diversity in Judicial Panels.” The OF LAW “Spin-offs, Corporate Capital Structure, and Journal of Law, Economics, & Organization. 2013 Disguised Sales.” Taxes—The Tax Magazine. 2013. “Soul of a Woman: The Sex Stereotyping Prohibition Daniel F. Spulber at Work.” University of Pennsylvania Law Review. Carole Silver PROFESSOR OF LAW (BY COURTESY) 2013. PROFESSOR OF GLOBAL LAW AND “Competing Inventors and the Incentive to Invent.” PRACTICE Industrial and Corporate Change. 2012. “Getting Real about Globalization and Legal “Tacit Knowledge with Innovative Entrepreneurship.” Education: Potential and Perspectives for the U.S.” International Journal of Industrial Organization. Law and Policy Review. 2013. 2012.

FALL 2013 | 45 ALUMNI NEWS

Castillo Named Chief Judge for Northern District of Illinois

Northwestern Law alumnus and adjunct professor Ruben Castillo (JD ’) was sworn in as the chief judge of the US District Court for the Northern District of Illinois on July . e rst Latino to hold the post, Castillo succeeds James Holderman, whose seven-year term ended this summer. As chief judge, Castillo serves as the top administrator of the third- largest federal court district in the country; his expanded responsibilities include overseeing grand jury issues and requests for wiretaps and other surveillance by prosecutors. “ese are challenging times to attempt to represent our courts’ public service interests, Judge Ruben Castillo (JD ’79) given our country’s national budgetary crisis,” said Castillo. “I am pleased to follow in the great tradition of other Northern District of Illinois and director and regional counsel for Northwestern Law graduates who have served as chief judge of our the Chicago oce of the Mexican American Legal Defense and district, including Marvin E. Aspen and John F. Grady.” Educational Fund. Castillo became the rst Latino federal judge in the state in Castillo teaches Introduction to Trial Advocacy at Northwestern , nominated by President Clinton to a seat on the US District Law. He was voted “outstanding adjunct professor” by the student Court for the Northern District of Illinois. He had previously body in . Castillo also serves on the advisory board for the worked in private practice and was assistant US attorney for the Bluhm Legal Clinic. n

Second 2010 Graduate to Clerk for Justice Scalia Judd Stone (JD ’10) Judd Stone (JD ’) will clerk for Associate Kontorovich, and Erin Delaney for provid- Justice Antonin Scalia for the Supreme ing references, advice, and encouragement Court term. during the application process. Currently an Olin-Searle Smith Fellow While a student at Northwestern Law, at Harvard University, Stone previously Stone was involved in the Federalist Society, clerked for Edith Jones, former chief judge served as an editor of the Northwestern of the US Court of Appeals for the Fih University Law Review, and participated in Circuit, and for Justice Daniel Winfree of the Owen L. Coon/James A. Rahl Senior the Alaska Supreme Court. Research Program. “ere were so many qualied candidates; “Judd marks the fourth Northwestern it is incredibly humbling and exciting to Law graduate in three consecutive class be chosen for this clerkship,” said Stone. years to serve as a Supreme Court clerk,” “e entire Northwestern Law community said Dean Daniel B. Rodriguez. “ese tell- has been so generous with its time and ing statistics speak to the caliber of students resources, for which I am really grateful.” here at Northwestern Law and the quality He thanked in particular his friend and of education they receive.” Besides Stone former classmate Kevin King (JD ’), who and King, recent Supreme Court clerks is currently serving as a clerk for Scalia, include Abby Mollen (JD ’) and Kenton and professors Steven Calabresi, Eugene Skarin (JD ’). n

46 | NORTHWESTERN LAW REPORTER Recent Graduate Wins Legal Writing Award

Timothy Fry (JD ’ ) was honored in June with a were created to reward attorneys and law students for Burton Award for Legal Achievement. e national awards eective legal writing. e awards program honors part- program, run by the Burton Foundation in partnership with ners and counsel from the nation’s , largest law rms the Library of Congress, rewards achievements in law, with as well as of the best student writers from law schools an emphasis on writing and reform. across the country. n Fry’s article “Prosecutorial Training Wheels: Ginsburg’s Timothy Fry (JD ’13) Connick v. ompson Dissent and the Training Imperative” was a winner in the distinguished legal writing category. e piece was originally published in Northwestern Law’s Journal on Criminal Law and Criminology. Northwestern Law administrators nominated Fry aer soliciting recommendations from the school’s six student- edited journals. According to dean of students Cli Zimmerman, JCLC editor-in-chief Jess Notebaert (JD ’ ) “enthusiastically recommended” Fry for the honor. Fry received his award at the th annual Burton Awards program and gala held at the Library of Congress in Washington, DC. Established in by William C. Burton, a partner at Sagat Burton in New York and the author of Burton’s Legal esaurus, the Burton Awards and the Burton Foundation

Pop Star Alumna Recalls Law School Life in New Memoir

When Soeun Nikole Lee (JD ’) came to the ough at rst she struggled to feel at home, United States to study law at Northwestern in she did nd a network of support in classmates , she le behind more than a decade of inter- and professors at the Law School. Professor Len national fame as a pop star in Korea, trading in Rubinowitz’s rst-year criminal law class was one tours, television appearances, and interviews for of her favorites, and she found Rubinowitz to be study sessions, papers, and late-night reading. a source of encouragement during her rst year She chronicles her winding journey in the book and beyond. Soeun Lee Goes to Law School, which discusses “Professor Len understood us. He delivered the her hardships and joys as she embarked on a message that we already had the ability to study major life transition in a new country. law regardless of our backgrounds,” said Lee. “I “Writing this book was like therapy for me,” was deeply impressed by him because he listened says Lee, now a junior associate at Cohen & carefully to our opinions and made us believe in Gresser in New York. “I was able to be honest our potential.” The cover of the book by Soeun Nikole Lee (JD ’12), which was written and published in and raw about particularly dicult and exciting As a student, Lee participated in the Korean. The English translation of the title moments for me as a new law student in a foreign Willem C. Vis International Commercial is “Soeun Lee Goes to Law School.” country.” Being immersed in a new country, Arbitration Moot in Vienna, where she received culture, and professional environment; learning an honorable mention for best individual oralist new laws and social constructs; training herself and the Northwestern Law team secured to study; and failing and succeeding on exams, an honorable mention for best memorandum memos, and papers are among the experiences for claimant. n she shares with readers in the memoir.

FALL 2013 | 47 ALUMNI NEWS

LA Dodgers’ Mark Walter Addresses Graduates

“e only measure of success should go on to do great things,” Walter 2013 CONVOCATION be what we create, change, and told the graduates, who join a net- inspire, big or small. Never quit; work of more than , Law there is no failure except in quitting School alumni. Student Convocation Speakers or not trying,” Mark R. Walter (JD Walter said it was at Northwestern Jeffrey J. VanDam (JD ’13) ’), chairman and controlling owner Law that he gained the ability to Sergio Herrera (LLM ’13) of the Los Angeles Dodgers, told the succeed in business. “I can tell you Student-Voted Faculty Awards class of at the rd Law School today with complete condence graduation convocation May at that in every measure my success Outstanding Adjunct Professor the Chicago eatre. would not have happened without Steven Elrod (JD ’82) e keynote alumni speaker oered the training I received at this great Outstanding First-Year advice for success based on his long law school,” he said. “[e faculty] Course Professor career in business. Walter is also chief taught all of us to think—and to Emily Kadens executive ocer and a member of think for ourselves. We all learned Outstanding Professor the board and executive committee to identify our legal arguments, to of a Small Class of Guggenheim Capital, a privately rigorously test and defend those Alyson Carrel held nancial services company. arguments, and to evaluate and Outstanding LLM Tax Professor “When I look out over this group determine what we would need for Robert R. Wootton I see a very bright future. You will the best outcome.” n Robert Childres Memorial Award for Teaching Excellence Dawn Clark Netsch (JD ’52) (posthumous)

Student Awards Wigmore Key Timothy J. Fry (JD ’13) Leadership Award Michael D. Lehrman (JD ’13) Service Award Elizabeth Ann Sellers (JD ’13) Legal Profession Award Nicholas K. Tygesson (JD ’13) Courage Award Martha O’Connor (JD ’13)

48 | NORTHWESTERN LAW REPORTER FALL 2013 | 49 ALUMNI NEWS

Alumni in Sports Northwestern Law has a long history of alumni making their livings in professional sports management in various capacities, including as team owners, presidents, marketers, and talent evaluators. Among the early ones was Kennesaw Landis (LM 1891), the rst commissioner of organized professional baseball. Other notable alumni in sports management include Jerry Reinsdorf (JD ’60), owner and chair of both the Chicago Bulls and the Chicago White Sox; Eddie Einhorn (JD ’60), White Sox vice chair; Mark Walter (JD ’85), chairman and controlling owner of the Los Angeles Dodgers; and Irwin Mandel (JD ’67), the Bulls’ senior vice president of nancial and legal affairs. Featured here are other Law School graduates in the sports arena.

Jared Bartie: Finding a Niche in Sports arena and stadium operating agreements, ticketing As a “decent” athlete in his youth, Jared Bartie (JD ’ ) was a arrangements, and front oce personnel, coach, and player member of a nationally ranked high school basketball team agreements. that won a Massachusetts state championship. However, he “I’ve been fortunate that my career has oered me a breadth knew that he wasn’t good enough to play big-time college ball of experiences within sports, media, and entertainment,” or make it professionally, but still he “wanted to nd a way to said Bartie. “I have never been one to limit myself and have stay involved with sports.” Bartie’s original goal in going to law school was to become a sports agent, but his two-decade career has taken him even Jared Bartie (JD ’93) further. He has developed a wide range of legal and business experience in the sports, entertainment, and media industries, working for Black Entertainment Television, the United States Tennis Association, the National Basketball Association, the Charlotte Bobcats, and World Wrestling Entertainment. Bartie currently counsels sports, media, and entertainment clients in Arent Fox’s New York oce. While serving as chief administrative ocer and general counsel of the Charlotte Bobcats, Bartie worked with Arent Fox to negotiate the team’s

“It makes all the difference in the world to work in an area that is not only fun and interesting but that I am also passionate about.”

arena naming rights deal as well as a media rights agreement. Several years later, Bartie joined Arent Fox. As counsel in Arent Fox’s nationally recognized sports law practice group, he handles corporate transactions, represents professional sports teams and national governing bodies, and advises investors who want to acquire sports teams. roughout his career, Bartie has counseled clients on matters pertaining to naming rights and sponsorship transactions, media rights agreements, stadium bond nancings,

50 | NORTHWESTERN LAW REPORTER “I enjoy offering my expertise to help guide people on a daily basis. Our goal is to make decisions easier for our clients by counseling them on all of the options that they are considering.” Jennifer Duberstein (JD ’02)

enjoyed working on a nice mix of legal and business matters the work “challenging and rewarding,” it also fullls her long- within the various sectors.” time love for sports. Within the sports and entertainment industries, Bartie has “I enjoy oering my expertise to help guide people on a both professional and personal networks of Northwestern daily basis,” said Duberstein. “Our goal is to make decisions alumni, some of whom have been his friends since the rst easier for our clients by counseling them on all of the options semester of law school. He also stays connected to the Law that they are considering.” School by serving on the Northwestern Law Board and co- Duberstein previously served as senior counsel for Major chairing the -year reunion. n League Soccer and counsel for Time Warner Inc. She began her legal career in the sports division of Proskauer Rose LLP. Jennifer Duberstein: As a student at Northwestern Law, Duberstein was involved in “a little bit of everything” and considers her classmates— For the Love of Law and Sports many with whom she has kept in touch—a highlight of her Jennifer Duberstein (JD ’) was inspired to return to school experience. for a law degree aer serving as a public relations intern in “To have such colleagues within the industry makes the the sports division of Turner Broadcasting System. It was experience more worthwhile and more rewarding,” said in this position that she realized that “having a law degree Duberstein. “e caliber of Northwestern students is unri- would help me to be more versatile in business, in turn valed, in my opinion. Not only are they intelligent and driven, positioning me as a key decision maker and giving me a but they are good people.” n seat at the table.” Duberstein is now a business aairs executive at CAA Sports, a division of the Creative Artists Agency. CAA Hussain Naqi: Executing a Plan Sports represents more than of the world’s best athletes, Hussain Naqi (JD-MBA ’) had a solid career in the sports coaches, on-air broadcasters, and sports personalities. e industry before going to law school. He spent four years work- company also works in the areas of broadcast rights, cor- ing for the National Football League in a variety of positions porate marketing initiatives, and sports properties for sales prior to leaving in to serve as an assistant director of and sponsorships. Based in the New York oce, Duberstein enforcement for the National Collegiate Athletic Association. advises the agency’s sports executives and agents as well as When Naqi decided to go to law school, it was with the goal clients on legal and business matters. Not only does she nd “to dramatically steepen the trajectory of my career in sports

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Hussain Naqi (JD-MBA ’06)

so I could be very deliberate in the path I took and jobs that “It is my job to ensure that the fans not only have a great I sought,” he said. Researching various law schools, he was time but develop an investment in the Jaguars,” said Naqi. sure that Northwestern’s JD-MBA program was the ticket to “If you’re not a fan, it’s my job to make you a fan. If you are molding his ideal career. already a fan, it’s my job to make you a rabid fan.” Naqi is now senior vice president of fan management for Naqi joined the Jaguars following four years with the the Jacksonville Jaguars football team. He is responsible for New Meadowlands Stadium Company, where he served as the team’s marketing and vice president of business branding, which includes planning and general coun- consumer research, tele- sel at MetLife Stadium, home vision and radio rights “If you’re not a fan, it’s my job to make of the New York Jets and strategy, advertising, and you a fan. If you are already a fan, it’s my New York Giants. brand management, as well Northwestern Law as managing the overall fan job to make you a rabid fan.” developed Naqi’s interest game day experience, includ- in both the legal and the ing fan engagement activities, management aspects of guest services security, and professional sports, he said, entertainment. He also oversees the team’s fan growth and particularly a course taught by Professor James Speta that marketing eorts in the United Kingdom, as the Jaguars will reviewed, among other things, intellectual property with play one home game a year in London for the next four years. respect to video sports broadcasts in the Internet age. His

52 | NORTHWESTERN LAW REPORTER sports interests also extended to Kellogg where he developed Smith has since combined his law studies and his main a continuing education program for current and former NFL interest, sports, into a lucrative career. As a founding partner, players to equip them with basic business skills during and agent, and head of the football division at Priority Sports, a aer their playing careers. full-service sports management rm, Smith is involved in all Naqi took advantage of services oered through the Law School’s Center for Career Strategy to land a summer associate position with Proskauer Rose LLP. Upon graduation, he “The ability to bring a unique analytical perspective joined the Executive Development Program with Major League Baseball and the New York Mets, serving two years in to client representation is something that keeps me that capacity. coming back day after day.” With professional experience in both law and business, Naqi appreciates the versatility of his JD-MBA degree and has found it to be an asset in shaping a well-rounded career. “I had a vision of what I wanted for my career, and I was aspects of client representation and business operations. He fortunate to nd it,” said Naqi. “It’s incredibly gratifying, and I negotiates contracts, reviews legal documents concerning certainly don’t take for granted how lucky I am to do some- team endorsements and personal contracts, handles player thing that I am passionate about.” n conicts, and manages administrative relationships. “I’ve really been very fortunate because every day I’m doing something that I really love,” said Smith. “e ability to bring Rick Smith: Doing What He Loves a unique analytical perspective to client representation is As a student at Northwestern Law, Rick Smith (JD ’) something that keeps me coming back day aer day.” organized the annual NCAA basketball tournament pool Smith’s good fortune of working in sports law didn’t and spent a considerable amount of time in the atrium talk- happen immediately aer graduation, however. His rst job ing the latest trades, conference standings, and tournament out of law school was as a real estate attorney at Coeld, brackets with Professor Martin Redish. Ungaretti, Harris and Slavin. His sports career “happened by chance” because a friend from Rick Smith (JD ’86) Northwestern, Mark Bartelstein, started Priority Sports, representing basketball and football players. Aer doing some legal work with the company, Smith joined Priority Sports full-time in and now represents about players. “Learning the nuances of the sports and, specically, football worlds really was a switch,” said Smith. “Once I got that down and developed key relationships within the NFL, my legal backing helped me with negotiations and the analytical aspects of the position.” Smith found that courses in constitutional law, antitrust, contacts, and negotiation and mediation are useful in the sports legal arena. “While I did not set out to have a career in sports law, Northwestern provided me with a solid understanding of the law that has helped with my success,” said Smith. “I hope that sports law will gain a stronghold in law schools in the coming years.” n

FALL 2013 | 53 ALUMNI NEWS

prison stint for his part in an illegal interstate dog-ghting ring. Vick was not exactly a fan favorite, but Stroth believed he deserved a second chance. Stroth worked to rebuild Vick’s brand as a player by regaining lost endorsement deals. In July Stroth negotiated a multiyear endorsement deal with Nike for Vick. “When we decided to represent Michael Vick aer prison, I knew it would be a major challenge, considering his reputation and past,” said Stroth. “But I wanted to help him because he served his time and everyone deserves redemption.” Stroth also works with corporations to sign athletes for endorsement deals in exchange for equity positions in the company. Stroth negotiated McNabb’s partnership with Vitamin Water prior to the acquisition by Coca Cola. Stroth also represented Fuse Science, a publicly traded company based in Miami and led the negotiations to sign a partnership with golfer Tiger Woods, who was also emerging from a scandal. “We want to innovate in the sports industry and negotiate partnerships for athletes in exchange for equity positions in growth companies.” Besides his own rm, Stroth is of counsel to the commercial practice group at Handler ayer, negotiating contracts, endorsements, licensing deals, and business partnerships. Andrew Stroth (JD ’99) Stroth worked in the Bluhm Legal Clinic’s Children and Family Justice Center when he was a Northwestern student. Andrew Stroth: Building a Brand e example of Larry Marshall (JD ’), founder of the Center on Wrongful Convictions, was a factor that motivated Stroth Andrew Stroth (JD ’) was already running Impact Talent to work in negotiation and mediation. “It was inspiring to Associates, his sports management and entertainment see someone work with so much dedication and passion,” he rm, when he decided to go law school because “something said. Stroth was an adjunct professor with Bluhm’s Center on was missing.” “Once I started my rm, I noticed that the most accom- plished agents were lawyers by training,” said Stroth. “It was then that I knew I was lacking in the skills necessary to best “The ultimate goal is to build athletes represent my clients.” into brands beyond sports, which A law degree raised his prole with clients and improved the quality of his service, Stroth said. Over the years, Stroth will ensure nancial and professional has represented NFL quarterbacks Donovan McNabb and longevity long after they retire.” Michael Vick, former Bears coach Lovie Smith, Bears wide receiver Brandon Marshall, Miami Heat superstar Dwyane Wade, and others. e ultimate goal, said Stroth, is to “build athletes into Negotiation and Mediation from to and frequently brands beyond sports, which will ensure nancial and profes- visits the school to lecture to students in the Negotiations sional longevity long aer they retire. With our strategic plan, program and participate in panel discussions. we built Dwyane Wade into a global brand and negotiated Stroth fondly recalls another moment at Northwestern Law. several multiyear endorsement contracts.” “In , we invited Illinois Senator Barack Obama to speak Stroth took on Vick when the disgraced quarterback at the Law School. To this day, students still remember his returned to the National Football League from a -month inspiring speech at Lincoln Hall.” n

54 | NORTHWESTERN LAW REPORTER Dean Rodriguez Visits China

Northwestern Law alumni and recently admitted students gathered in Shanghai in June for a reception with Dean Daniel B. Rodriguez at CHAR restaurant and bar, located in the Hotel Indigo Shanghai on the Bund. Over sweeping views of the Bund and Pudong’s brightly lit skyline, alumni also enjoyed an exclusive dinner in the dining room. Northwestern Law faculty members Leslie Oster and James Speta also attended the event, as well as sta members Juliann Cecchi, assistant dean of external partnerships, and Julie Chin, director of alumni relations. n

FALL 2013 | 55 ALUMNI NEWS

Class Notes

1950s 1960s Edward C. Osterberg Jr. (JD ’66) was from American Airlines aer a long appointed partner in the tax trans- and rewarding career. Richard E. Wiley (JD ’58) was listed Jerry M. Reinsdorf (JD ’60) has actions and consulting practice at by the National Law Journal as one joined the board of Aer School Mayer Brown LLP in Houston. of the “ Most Inuential Lawyers 1970s Matters. Sheli Z. Rosenberg (JD ’66) in America.” was Stephen J. Landes (JD ’70) Timothy J. Riordan (JD ’65) was named chairman of the board of James R. Thompson (JD ’59) was received the Award for Excellence Nanosphere. listed by the National Law Journal named to “Chicago’s Top Rated in Pro Bono Service from the as one of the “ Most Inuential Lawyers List for ” by LexisNexis® Gregory E. Norwell (JD ’67) was United States District Court for the Lawyers in America.” Martindale-Hubbell®. named to “Chicago’s Top Rated Northern District of Illinois and the Lawyers List for Chicago chapter of the Federal Bar ” by LexisNexis® Association. Martindale- David B. Sosin (JD ’71) Hubbell®. was elected to the board of governors of the Illinois Anton R. Valukas State Bar Association. (JD ’68) was listed by the National Dalveer Bhandari (LLM ’72) received Law Journal as one an honorary degree of LLD from the of the “ Most National Law University, Delhi. Inuential Lawyers James Peirce Tuthill (JD ’72) was in America.” featured in the article “Guns, Media, William L. Hood Jr. and American Culture” in the San (JD ’69) has retired Francisco Chronicle.

In anticipation of their 50th reunion, members of the class of 1963 met with Dean Rodriguez to learn about his current initiatives. Attendees included (back row, left to right) Harvey Lapin, William Domm, Dean Daniel B. Rodriguez, (front row, left to right) Hon. Joel Flaum, former US congresswoman Judy Biggert, Eugene Kelley, and J. Philip Kirk Jr. The 50th and all other reunions will be celebrated during All Alumni Weekend in September.

RISING STOCK MARKET GOT YOU DOWN? Attention Wigmore Club Members:

The annual Wigmore Reception has been moved Do you want to support Northwestern Law and to the spring! Save the date: April 11, 2014 reduce your tax liability at the same time? Consider making a gift of appreciated securities. Under rough their annual leadership gifts, John Henry Wigmore certain circumstances, you can both avoid capital Club members build on Dean Wigmore’s legacy, helping gains and take a deduction for the full market value to foster and stimulate the spirit, scholarship, professional of the gift. For more information, contact MaryPat objectives and ideals he inspired during his long tenure. Mauro, director of major gifts in the O ce of Alumni For more information on joining the John Henry Wigmore Relations and Development, at 312-503-2688 or Club, please contact Emily Mullin at --. [email protected].

56 | NORTHWESTERN LAW REPORTER Alumni Swearing-In Ceremony Four Alumni among NLJ’s “Most Inuential Lawyers” e National Law Journal’s newest “ Most Inuential Supreme t he Court Lawyers in America” list includes four Northwestern Law alumni: Carter Phillips (JD ’), James ompson (JD ’), of the United States Anton Valukas (JD ’), and Richard Wiley (JD ’). In its rst such list since , the NLJ identied the lawyers in the United States “who have shaped the legal world through their work in the courtroom, at the negotiating table, in the classroom, or on Capitol Hill.” oin Dean Daniel B. Rodriguez Phillips, chair of Sidley Austin’s executive committee, has in Washington, DC, on Monday, argued cases in the Supreme Court, more than any lawyer currently in private practice. Phillips also has argued more March 10, 2014, for a special than cases in United States courts of appeals, including at admission ceremony to the Bar of least one in every circuit in the country, and in the Court the United States Supreme Court of Appeals for the Federal Circuit. Phillips also teaches in the for Northwestern Law alumni. Bluhm Legal Clinic’s Supreme Court Clinic. As the longest-serving governor in Illinois history, ompson was noted for his skill in settling dicult labor-management Space is limited to 50 attorneys and is available on a rst-come basis. To qualify, an alumnus/na must have been a member in good standing of the problems and his ability to manage one of the nation’s largest highest court of his or her jurisdiction for the past three years. The application public budgets while maintaining one of the nation’s high- requirements include the following items: est state bond ratings. Aer leaving public service, ompson • Completed Application for Admission to Practice form, found on joined Winston & Strawn, where he is presently senior chairman the Supreme Court website at www.supremecourt.gov/bar and previously served as chairman of the executive committee /barapplication.pdf as well as chairman and CEO. • Certi cate of good standing from the highest court of one’s jurisdiction Valukas, chairman of Jenner & Block, focuses on major civil • Signatures of two sponsors who are current members of the and white-collar criminal litigation. In he was appointed as US Supreme Court Bar the examiner in the Lehman Brothers Holdings bankruptcy. e • $200 admission fee made payable to US Supreme Court resulting ,-page account, coined by the press as the “Valukas Paperwork and payment must be received by Terese Molinaro at Report,” was universally applauded for its clarity and usefulness in Northwestern Law no later than Monday, November 4, 2013. determining what brought about the demise of Lehman Brothers. Comprehensive event and application details are available at www.law. Wiley, chairman of Wiley Rein, heads the rm’s -attorney northwestern.edu/supremecourtbar. Contact Terese Molinaro at terese. Communications Practice, the largest in the nation. As chairman [email protected] or 312.503.1793 with questions. of the Federal Communications Commission from to , Each person being admitted may bring one guest to witness the swearing in. he fostered increased competition and lessened regulation in the communications eld. He also played a pivotal role in the development of HDTV in this country, serving for nine years as chairman of the FCC’s advisory committee on Advanced Television Service. n

NLJ’s Chicago “40 under 40”

Northwestern Law alumni Ryan Harris (JD ’) and Britt Miller (JD ’) made the National Law Journal’s list of “Chicago’s under ” lawyers who have “wielded inuence in their practice areas in the Chicago area and beyond.” Zev Eigen, associate professor of law, was also on the list, which appeared in NLJ’s July issue. n

FALL 2013 | 57 ALUMNI NEWS

Alumni Interviewers Needed

Help our admissions team recruit the ﬁnest students from this country and abroad. Stephen Novack (JD ’72) in May defended Donald Volunteering as an alumni Trump in a dispute involving interviewer is a great way to a condominium purchase in Trump’s namesake Chicago stay connected and one of the skyscraper. Jurors sided most effective ways you can with Trump in the weeklong civil trial in federal court. work to make the school even better. For more information about becoming an alumni Scott A. Bremer (JD ’75) was named 1980s interviewer, email admissions@ one of the state’s “Super Antoinette C. Bush (JD ’81) was law.northwestern.edu or visit Lawyers” by Illinois Super Lawyer appointed executive vice president www.law.northwestern.edu magazine for his work in bonds and and global head of government government nance. /alumni/volunteering to sign up aairs at News Corp. and learn about other alumni Gary G. Grindler (JD ’76) has rejoined Pamela Rothenberg (JD ’84) was rec- volunteer opportunities. the law rm King & Spalding LLP as ognized in the Chambers USA a partner. report for her work in real estate law. Brian J. Hennigan (JD ’76) was Retta Miller (JD ’85) received the listed as one of the “Top Dallas Business Journal’s Lawyers in Southern California” Women in Business Award. by Super Lawyers for the seventh consecutive year. Bernard J. Bobber (JD ’87) was appointed vice chair of the labor Dean Hansell (JD ’77) coauthored and employment practice at Foley CAREER SUPPORT FOR ALUMNI the book Law of Reinsurance ( & Lardner LLP. edition, West Publications). Michael J. Sacks (JD-MBA ’88) has Carter G. Phillips (JD ’77) was joined the board of Aer School Did you know that Northwestern Law alumni have appointed chairman of Sidley Matters. access to the resources of the Center for Career Austin’s executive committee and Strategy and Advancement and the counseling was listed by the National Law Willard T. Walker Jr. (JD ’88) was services of the career advisers? Access to our job Journal as one of the “ Most appointed to the board of directors postings database (Symplicity) and application Inuential Lawyers in America.” for ARC Group Worldwide, Inc. document reviews, as well as phone and in-person Lawrence A. Wojcik (JD ’77) received 1990s appointments, may be arranged by contacting the the Pro Bono Champion Award Career Strategy Center o ce at 312-503-3498 or by from Appleseed and the Chicago Kathryn Kovitz Arnold (JD ’90) was email at [email protected].* Appleseed Fund for Justice for his appointed chair of Shefsky & commitment to the public interest. Froelich’s real estate practice. For more information about career support for Craig L. Caesar (JD ’78) was named Sean M. Sullivan (JD ’90) has joined alumni, visit www.law.northwestern.edu/career. shareholder at Baker, Donelson, the trial law rm Tobin & Muñoz. Bearman, Caldwell & Berkowitz PC. Michael S. Mostow (JD ’91) *Please keep in mind that same day appointments often may was Robert C. Knuepfer Jr. (JD ’78) not be available. Please make appointments in advance. named one of the state’s received the Client Choice Award for “Super Lawyers” by Illinois Super General Corporate in Illinois from Lawyer magazine for his work in Lexology. environmental law. Ruben Castillo (JD ’79) is the new Thomas J. Bluth (JD ’92) was appointed chief judge of the Northern District vice president of the Mining of Illinois. Products Division at Caterpillar. Marc J. Strauss (JD ’79) was appointed James R. Saalfeld (JD ’92) has joined vice chair of the board of trustees at Bissell Homecare as director and Northern Illinois University. corporate and commercial counsel.

58 | NORTHWESTERN LAW REPORTER Adam J. Levitt (JD ’93) has joined 2000s Grant & Eisenhofer PA as director Bjorn A. Andersen (JD ’00) has joined of the Chicago oce. Goulston & Storrs as a director in J. B. Pritzker (JD ’93) received the the rm’s real estate group. CityLIGHTS Award from the Michael A. Duffy (JD ’00) has re- Illinois Technology Association joined Baker & McKenzie’s dispute for his support of the technology resolution practice as a partner. industry. Sarah L. Harris (JD ’01) was selected Michael B. Brodsky (JD-MBA ’94) was for the Fellows Program of appointed to the board of directors the Leadership Council on Legal of AltiGen Communications. Diversity. David A. Fisher (JD ’94) was named Evelyn J. Meltzer (JD ’01) was elected CEO of Enova International and chair of the Delaware chapter of the was featured in the Crain’s Chicago International Women’s Insolvency Business article “Payday Lender and Restructuring Confederation. Seeks Big Bucks.” David M. Santangelo (JD ’01) was Brian P. Greene (JD ’94) was promoted to counsel at Chadbourne appointed to the board of Primary & Parke LLP. Energy Recycling Corporation. Justice Dalveer Bhandari (LLM ’72) (second from right) received an honorary LLD from the National Law University in Delhi at the university’s June convocation. Bhandari is a judge on the Christopher L. LaVigne (JD ’02) Carlton C. Pilger (JD ’94) was International Court of Justice, The Hague, and a former judge on the Supreme Court of India. has joined the New York oce of appointed vice president and legal Shearman & Sterling LLP. counsel at Digital Insurance. Rena Thiagarajan (JD ’05) founded Association at its th annual Jodi Patt Pellettiere (JD ’02) was Mitchell D. Kaye (JD ’95) was and launched Project Bly. meeting. named one of the state’s “Rising appointed to the board of directors Stars” by Illinois Super Lawyer maga- James B. Anderson (JD ’06) has Michael Rhinehart (JD ’10) was of Aeolus Pharmaceuticals. zine for her work in nonprot law. joined Aon Hewitt as senior counsel. named one of the state’s “Rising Katherine A. Lemire (JD ’97) was named Francis G. McCloud (JD ’03) was Julia Santullano (JD ’06) has joined Stars” by Illinois Super Lawyer president of MSA Investigations. named an equity shareholder at Levin Schreder & Carey Ltd. as an magazine for his work in business Peter M. Friedman (JD ’98) has joined Kirk-Pinkerton PA. associate focused on estate planning, litigation. O’Melveny & Myers LLP as a partner. trust administration, and probate. Peter N. Moore (JD ’03) has joined Karl Riley (JD ’10) was named to Nancy Shannon (JD ’98) has joined the Chicago oce of Barnes & Lorraine Tyson (LLM Tax ’09) was Lawyers of Color’s inaugural Hot List Hoge Fenton Jones & Appel. ornburg LLP as a partner. named trustee and tax partner at for the Western US region. Pugh, Jones & Johnson PC. R. Nicolas Mallo Huergo (LLM ’99) was Keith Koeneman (JD ’05) has written is list reects information received appointed CEO of joint venture opera- the book First Son: e Biography by the Oce of Alumni Relations and 2010s tions for Argentina’s Andes Energia. of Richard M. Daley (University of Development as of June , . Chicago Press, ). Lisa J. Matyas (JD ’99) was appointed Todd Belcore (JD ’10) received an associate in the corporate group Melissa E. Seiler (JD ’05) was named a Young Lawyers of the Year at Goodsmith Gregg & Unruh LLP. shareholder at Greenberg Traurig LLP. Award from the Illinois State Bar

1930s 1950s 1960s In Memoriam David M. Jacobson (JD ’36) Hon. Warren H. Deering (JD ’50) Richard J. Kissel (JD ’61) Edward G. Bazelon (JD ’51) Francis O. Spalding (JD ’64) Northwestern University 1940s Dawn Clark Netsch (JD ’52) Calvert D. Crary (JD ’68) School of Law extends its William R. Stead (JD ’41) Leonard E. Zak (JD ’54) Harold T. Beckman (JD ’48) heartfelt condolences to Robert E. Mason (JD ’57) 1970s Leo Branton Jr. (JD ’48) the loved ones of recently Geoffrey F. Grossman (JD ’59) Stephen E. Walter (JD ’73) Robert O. Covey (JD ’48) Douglas P. Maloney (JD ’59) Patricia Anne Powell (JD ’76) deceased alumni, faculty, Asa B. Groves Jr. (JD ’48) and friends. Andrew W. Brainerd (JD ’49) 1980s Keehn Landis (JD ’49) Deborah G. Heilizer (JD ’85)

FALL 2013 | 59 CLOSING REMARKS

Zimmerman Trial: Time to Reconsider Six-Member Jury BY SHARI SEIDMAN DIAMOND

This article was originally published kinds show that cutting jury size in half decreases the likelihood that the jury in The Miami Herald on July 15, 2013. will reect a representative sample of the community. The lone non-white juror on the George Zimmerman jury is just one instance of that effect. The Note from the author: The Miami all-female jury is another. Herald agreed to publish this op-ed The gender make-up of the jury cannot be explained merely by the before the jury delivered its verdict majority female jury pool or attorney use of challenges. A total of 10 jurors in the Zimmerman case in Florida. was selected, the jury of six and four alternates. Two of the alternates were The case offered an occasion to male. A larger jury that included the additional four would not have been highlight why Florida, based on his- homogeneous on gender. tory and social science, should reconsider its idiosyncratic six-member jury Ethnicity and gender are not the only dimensions of difference short- for second degree murder cases. The conscripted jurors who gave nearly a changed by a smaller jury. month of their time on a sequestered jury and apparently worked diligently Any background or set of beliefs or life experiences that may affect to reach their verdict are not in any way being criticized here. Indeed, the reactions to the evidence is substantially less likely to be represented op-ed could not be commenting on a verdict that had yet to be reached on a six-member jury than on a 12-member jury. Simply due to chance, when it was written. unrepresentativeness is more likely when only six jurors are needed to Small juries, like all small samples, carry big costs. Doesn’t a jury in a seri- constitute the jury. That loss is particularly troubling when the jurors are ous criminal case have 12 members? Not in Florida. evaluating crucial and disputed evidence, like the identity of the voice in Florida is one of only two states where a jury as small as six can decide the background on the 911 tape in the Zimmerman case. a serious felony case. It is the only state where a murder case goes to a Second, jury research nds that larger juries spend more time deliberat- six-member jury. And second-degree murder in Florida is serious indeed, ing and their discussions of testimony are more thorough than smaller juries. carrying a sentence of 25 years to life. The circumstances of the shooting More vigorous debate reects the expanded pool of abilities and perspec- that killed an unarmed teenager, moreover, are sharply disputed, implicating tives provided by the larger jury. Similarly, the ability of dissenters to resist the use of guns, the limits of self-defense and race relations. As we often majority pressure is promoted by the increased likelihood that a dissenter do, we have given the jury in this case a challenging task. whose position is not simply idiosyncratic will have one or more other jurors Why should we care if the jury has six or 12 members? The Sixth who share that view. The dissenters might not carry the day, but their views Amendment guarantees the right to trial by jury, but it does not specify jury will be more seriously considered. size. When the Sixth Amendment was written, was the number simply There is no evidence that jury size is associated with more pro-prosecution assumed? James Madison thought it was: He thought the number was 12. or more pro-defense verdicts. Thus, the key here is not that the six-member For almost 200 years, the U.S. Supreme Court consistently accepted this jury systematically advantages one side or the other. Rather, the point is view, de ning “jury” to mean the 12-member jury. For instance, in 1930, the that a serious charge demands serious procedural consideration. court said that “it is not open to question” whether juries may consist of Even Florida, like every other state with the death penalty, uses a 12- fewer than 12. member jury for capital offenses. Second-degree murder does not carry the In 1970, however, the court reversed its position in Williams v. Florida death penalty in Florida, but it does call for thorough deliberation from a and found no constitutional objection to Florida’s six-member jury. The court variety of perspectives. The six-member jury is unnecessarily handicapped. labeled the general use of 12 throughout history as an “historical acci- What should be done? Ample empirical evidence on the jury demon- dent.” The court’s characterization of the historical record has been widely strates the need to reverse course. Perhaps in the wake of the Zimmerman disputed, but even more egregiously, the court joined its new historical case, Florida will reconsider its unique position on jury size. Even better: In assessment with a strikingly inaccurate behavioral claim. recent years, the Supreme Court has turned down several opportunities to It proclaimed that the behavior of six- and 12-member juries were “func- revisit the question of jury size. Perhaps it should accept the next one. n tionally” equivalent, and therefore the six-member jury was unobjectionable. In fact, the overwhelming weight of empirical evidence shows that juries of six do not perform as well as juries of 12. Shari Seidman Diamond is the Howard J. Trienens Professor of Law How do six- and 12-member juries differ? Two differences are particularly at Northwestern University and a research professor at the American relevant in the trial of George Zimmerman. First, numerous studies of all Bar Foundation.

60 | NORTHWESTERN LAW REPORTER SAVE THE DATE SEPTEMBER 1920, 2014

All Northwestern Law alumni are invited to celebrate All Alumni Weekend, September 19–20, 2014. Reconnect with friends and faculty, participate in special programming, and see how the Law School has changed over the years.

2014 Reunion Committee Members Needed Volunteer to help plan the event, establish and garner support for the class gift, and encourage classmates to attend the 2014 reunions. If you are interested, email Charley Boynton at [email protected] or call 312-503-1769

Additional events will be held for this year’s reunion classes: 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009

www.law.northwestern/alumni Nonprofit Organization U.S. Postage Office of Alumni Relations and Development PAID Northwestern University School of Law 375 East Chicago Avenue Northwestern University Chicago, Illinois 60611 USA