Chief Justice Shepard Lectures on State Supreme Courts As Engines of Court Reform

The Dwight D. Opperman Institute of Judicial Administration at NYU School of Law Issue Number 4 / Summer 2006 Chief Justice Shepard Lectures on State Supreme Courts as Engines of Court Reform

hat is the role of ever, state supreme courts have appellate courts in undertaken not only impor- the United States? tant legislative duties, but have These courts hear brought about significant pro- cases,W write opinions, shape cedural and jurisprudential laws and develop doctrine. “For changes along the way.” state intermediate and federal Chief Justice Shepard circuit courts, this is a pretty delivered the Twelfth Annual respectable job description,” Justice William J. Brennan remarked The Honorable Ran- Jr. Lecture on State Courts dall T. Shepard, Chief Justice and Social Justice, “The New of the Supreme Court of Indi- Role of State Supreme Courts ana. “In the recent past, how- as Engines of Court Reform” on February 28, 2006. The Dwight D. Opperman Insti- In This Issue tute of Judicial Administra- tion, the Brennan Center for 2007 Brennan Lecture 2 Justice, and New York Uni- Appellate Justice Conference 3 versity School of Law proudly host the Brennan Lecture State Employment Law 4 series, which provokes reflec- Warren E. Burger Society 5 tion upon and celebration of the state judiciary—the bed- Chase’s Law, Culture rock of justice under law in and Ritual 6 the United States. Richard Chesler Elected Revesz, Dean of NYU School Presiding Partner 6 of Law, welcomed the guests, introducing Chief Judge IJA Community News 7 Judith S. Kaye of the New Chief Justice Randall T. Shepard York Court of Appeals, the Choi Directs Summer Fellows 8 inaugural Brennan Lecturer, of students learn about the tice and criminal law have IJA Summer Fellows 9 who in turn introduced Chief law. “State courts are com- been affected by state rul- Justice Shepard. mon fodder for training first ings. “Opinions continue to Board of Directors 10 Chief Justice Shepard noted year students to think like play a leading role in the writ- 2006–07 Calendar 11 that state supreme courts’ lawyers,” he said. Landmark ing and reading that occurs in decisions and reforms have decisions on civil unions the nation’s law schools.” How to Contact IJA 12 not only affected the judi- and gay marriage have come With the greater impor- ciary and the law, but increas- from the supreme courts of tance of the state supreme Membership Form 13 ingly influence scholarship Vermont and Massachusetts courts come more expansive IJA Membership 16 and academics, and have respectively, while changes functions and, naturally, an changed the way generations concerning medical malprac- increase in administrative

Proof 3 • ICNLINJA05.4 • 07/06/06 • NC

the poor. Since the 1980s, legal aid to the indigent has weakened due to fed- The 2007 Brennan Lecture eral budget cuts. States, however, have picked up the slack with programs such The Thirteenth Annual Brennan Lecture will be delivered by The Honorable Leah as IOLTA (Interest on Lawyers Trust Ward Sears, Chief Justice of the Supreme Court of Georgia, on February 22, 2007. All Accounts), “pro se” legal services kiosks IJA members and alumni are invited to attend. and state sponsored pro bono services in order to ensure the lesser heard Previous Brennan Lecturers voices in society are not silenced. Fair treatment of minorities is 1995 Hon. Judith S. Kaye another issue being comprehensively Chief Judge, Court of Appeals of the State of New York addressed by state supreme courts. The 1996 Hon. Stewart G. Pollock federal government has its eye on cut- Associate Justice, Supreme Court of New Jersey ting the budgets of the Council on Legal Education (CLEO) and the Thurgood 1997 Hon. Stanley Mosk Marshall Program—both of which Associate Justice, Supreme Court of California increase the possibilities for low-income 1998 Hon. Ellen Ash Peters minorities to attend law school. The Chief Justice, Supreme Court of Connecticut Georgia, Kentucky and Indiana state 1999 Hon. George Bundy Smith supreme courts have started their own Associate Judge, Court of Appeals of the State of New York CLEO systems by creating clerkships for minorities, something that he says, 2000 Hon. Shirley S. Abrahamson “adds not only valuable experience, but Chief Justice, Supreme Court of Wisconsin valuable cachet to a legal career.” 2001 Hon. Christine M. Durham The vast changes induced by Associate Justice, Supreme Court of Utah state supreme courts don’t simply affect those who choose to enter the 2002 Hon. Thomas R. Phillips American legal system. Alaska has pio- Chief Justice, Supreme Court of Texas neered “therapeutic courts” for those 2003 Hon. Jeffrey L. Amestoy afflicted with drug addiction or mental Chief Justice, Supreme Court of Vermont illness. Florida has designated a pub- 2004 Hon. Margaret H. Marshall lic information executive to deal with Chief Justice, Supreme Judicial Court of Massachusetts laypeople such as teachers and journal- ists in an effort to disseminate more 2005 Hon. Ronald M. George accurate legal information to the pub- Chief Justice, Supreme Court of California lic. In Connecticut, through the Open 2006 Hon. Randall T. Shepard World Program, judges from Russia Chief Justice, Supreme Court of Indiana have come to learn the rule of law in an attempt to export similar state procedures in foreign trial courts. responsibilities. Chief Justice Shepard jury reform during the 1990s,” he said. “There is a valuable lesson embed- noted a trend in the state judicial sys- These efforts have changed summon- ded in this assessment of the new tems of California, Iowa, Kentucky ing processes, allowed juror interaction work undertaken by these institu- and Minnesota toward “unification,” and have made juries appropriately rep- tions that used to be solely appellate wherein the entire state’s court system, resentative in regard to race and ethnic- bodies,” Chief Justice Shepard said, from top to bottom, is funded by the ity. On an administrative front, Chief looking toward the future of the state state. Previously, local trial courts were Justice Shepard’s own Indiana state supreme courts’ role in American legal funded by county governments, while court system completed the Herculean society. He also seized the opportunity the appellate courts were the financial task of compiling an unduplicated regis- to return to the past, and distilled the responsibility of the state government. ter of names and addresses of over four attitude of Justice Brennan by noting Jury selection and management has also million people eligible for jury duty, that it has always been the judiciary’s been reformed by initiatives undertaken thus streamlining the summoning pro- core responsibility “to help our fellow by state supreme courts. “Two state cess in unprecedented ways. citizens in fostering a decent, safe and high courts (Arizona and New York) States have been at the forefront of prosperous society by building a system led the way out of the comfort zone of equalizing access to legal services for of justice that befits a great nation.” n IJA Co-Hosts 2005 National Conference on Appellate Justice

hanks to hard work by IJA and S. Abrahamson delivered the Keynote Judge Katzmann, Chief Justice Phillips, three other major organizations, Address, Judge Robert A. Katzmann and Elliot Scherker. Kathleen McCree the 2005 National Conference of the Second Circuit and Thomas R. Lewis moderated. A breakout session on Appellate Justice, held in Phillips, until recently Chief Justice for all participants followed. Session Washington,T D.C. on November 4–6 was of the Supreme Court of Texas, were Two, “The Challenge of Volume and a huge success. IJA was pleased to have presenters on a plenary panel called the Promise of Technology,” consisted served as a co-organizer and sponsor of “No Court is An Island.” Professor of a panel discussion with panelists the Conference with the National Center Chase was the introducer of Associate Circuit Judge Susan Graber of the Ninth for State Courts, the Federal Judicial Justice Stephen Breyer, who presented Circuit, Joseph W. Hatchett, formerly Center, and the American Academy of a Saturday breakfast lecture on the Chief Judge of the Eleventh Circuit, and Appellate Lawyers. The purpose of the current role of the Supreme Court. Judith McConnell, Presiding Justice of Conference was to provide an occasion Other IJA Board members enriched the California Court of Appeal. Arthur for the analysis of the state of appellate the conference discussions as partici- England, formerly Chief Justice of the justice thirty years after the now-leg- pants: Donald B. Ayer from Jones Day, Supreme Court of Florida, moderated endary National Conference of 1970. Thomas C. Leighton from Thomson and a second breakout session fol- The program was the product of close West, Carter G. Phillips from Sidley lowed. On Sunday morning the confer- to two years in planning by a Steering Austin Brown & Wood, Dean Kenneth ence turned to “Optimizing the Law- Committee of which Professor Oscar W. Starr of Pepperdine School of Law, Declaring Function.” Professor Paul G. Chase, Executive Co-Director of IJA and Judge Rya Zobel of the U.S. District Carrington moderated a panel discus- was a Co-Chair. In addition to provid- Court for the District of Massachusetts. sion among Professor Arthur Hellman, ing “sweat equity” IJA made a seed The Conference began on Friday Alan Morrison, Senior Lecturer at money donation early in the process. evening November 4 with an opening Stanford Law School, and Professor Financial support was also provided by reception attended by the roughly two- John B. Oakley. (Associate Justice several law firms, by LexisNexis and by hundred conferees and by newly-con- Samuel Alito had been scheduled to Thomson West. firmed Chief Justice John G. Roberts, participate as well but as he had by then Members of the IJA Board were Jr., who offered good wishes for success. been nominated but not confirmed to prominent in providing intellectual heft The reception was formally opened by the Supreme Court, he understandably to the discussion. Chief Justice Shirley Professor Daniel J. Meador, one of sev- withdrew with regrets.) After a final eral attendees who had also been at breakout session, the conference closed the 1970 Conference. Professor Meador with a speech by Randall T. Shepard, Save the Date! introduced Chief Justice Abrahamson’s Chief Justice of the Supreme Court of Keynote, which enumerated some of Indiana (and our Brennan Lecturer August 4, 2006—Honolulu, HI the problems facing the appellate jus- in February 2006) who summarized Annual IJA Alumni Reunion and tice system and reminded the gathering the main points of the discussions and Meeting of the Members of the importance of keeping the focus offered some thoughts on “where we go This event is sponsored by the Su- on the “consumers” of justice. from here.” preme Court of Hawaii and IJA, in con- The Conference program was divided Said Professor Chase, “I am delighted junction with the ABA Annual Meeting. into three general segments: Session and proud that IJA was one of the We will feature a panel discussion, “A One, “The Position of the Appellate engines behind this remarkable gath- Review of the U.S. Supreme Court’s Courts Today,” began with a panel called ering. The attendees were enthusias- Term,” followed by a reception. The “Overview: ‘Demand’ and ‘Supply.’” tic, knowledgeable, and determined event takes place in the Supreme Judge Richard A. Posner spoke on the to improve our system. I learned much Court of Hawaii’s courtroom. Invita- reasons that the appellate caseload cri- from the speakers and at the breakout tions were mailed to all alumni and sis that had been predicted in 1970 failed sessions. I am also pleased to note that members of IJA in early summer; we to develop. The second panel explored the substance of the Conference will welcome additional members of the the relationship between the courts be reported in a forthcoming edition judicial community to join us. and other units of government. Titled of the Journal of Appellate Practice and “No Court is an Island,” it featured Process.” n State Judges Convene to Discuss Employment Law

for Ontario and the Federal Court of Appeal of Canada. The two-day program delved into timely topics that the state judges encounter: workplace privacy, whis- tleblowers, independent contractors, torts, state class action and arbitra- tion law, contracts, and no-compete and trade secret law. Panels were com- prised of academics, plaintiff lawyers, and defense lawyers. Professor Lance Liebman of Columbia University School of law, the Director of the American Law Institute, was the keynote speaker. He stressed the state judiciary’s key role in the field. “Employment law is an area, quite interestingly, left to state common law,” Liebman said, dependent on judges in the states to move the law forward. Professor Liebman spoke following lunch, standing casually in the middle of the banquet room, ignoring the podium, and peppering his presentation with anecdotes about an inaugural assassination of a Kentucky governor and his four-year-old granddaughter’s first email. Along with a short history of employment law’s evolution, he also described current activities at Keynote speaker Professor Lance Liebman. the American Law Institute, the private law reform organization that he ears ago, labor law professors judges, co-sponsored by NYU Law’s directs. ALI initiates projects, called wanted to expand their course Center for Labor and Employment Law. “restatements,” to clarify or recom- content beyond unions to Thanks to a grant from The Starr mend changes in the law. ALI is coor- encompass new fields like indi- Foundation, IJA was able to invite and dinating restatements, which can take vidualY employee rights and unemploy- provide travel and lodging stipends up to ten years to complete, in family, ment issues—what are now known as for twenty-seven appellate judges state sentencing, non-profit, and soft- employment law. For the past ten years from Alabama, the District of Colum- ware licensing law, he said. the Institute has held an extremely suc- bia, Hawaii, Iowa, Indiana, Louisi- As employment law expanded, cessful series of workshops on employ- ana, Maine, Maryland, Massachusetts, Professor Samuel Estreicher, Executive ment law for federal appellate, trial, Minnesota, Missouri, Montana, North Co-Director of IJA and Executive and magistrate judges, co-hosted by the Carolina, New Mexico, Ohio, Okla- Director of the Center for Labor and Federal Judicial Center. On November homa, Oregon, Texas, Utah, Virginia, Employment Law, approached Professor 10–11, 2005 IJA held a program on “State and West Virginia, as well as hosting Liebman about the need for an ALI Employment Law” for state appellate two judges from the Court of Appeal project, the first of its kind, in the area.

“Our goal,” said Professor Estreicher, guished crowd, welcoming their opin- in his classes. In fact, that morning, named one of four lead drafters on the ions. He examined at-will employment, Professor Liebman said that he had dis- undertaking, “is to identify and har- bilateral agreements, unilateral employer cussed with his students a Ninth Circuit monize the rules that judges should be statements, termination for “cause,” and decision involving a Reno casino that guided by in dealing with the range of duties of good faith and fair dealing. fired a 20-year employee who refused issues involving employment that is not Professor Liebman, who like to abide by a new “image transforma- governed by statutes.” Estreicher teaches employment law, tion” program requiring women to Professor Estreicher presented a draft commented that the judiciary’s deci- wear makeup. “We love it when you on employment contracts to the distin- sions in these cases are instrumental write teachable cases,” he said. n

manner. This year marks the tenth anniversary of the award. The President of the National Center for State Courts, Mary Campbell McQueen, joined Chief Justice Shepard to introduce the newest member of the Warren E. Burger Society. They presented Chief Judge Kaye with a limited edition print of the final portrait of the late Chief Justice. Ms. McQueen remarked that it was “a special moment for the National Center for State Courts to be able to honor someone who has dedicated so much time and expertise to advance the work we do to improve justice in the state courts. Chief Judge Kaye has made a significant difference in courts in New York and around the country through her leadership and her innovative, problem-solving approach to justice. It is fair to describe Judith’s approach as less legalistic and more Mary McQueen, President of the NCSC, and Chief Judge Kaye. people-oriented, and as a result, the outcomes are more successful, helping to improve the public’s trust and con- Chief Judge Judith S. Kaye inducted fidence in the courts. Building public trust and confidence in the court sys- into the Warren E. Burger Society tem by improving court performance and the courts’ outreach to the public n February 28, 2006, the Center for State Courts, welcomed is a core mission of the National Center National Center for State Courts the guests and gave the introductory for State Courts. honored New York State Chief remarks. The National Center for State “Chief Judge Kaye’s willingness to Judge Judith S. Kaye with an Courts is a non-profit court reform rethink traditional roles of courts and inductionO into the prestigious Warren organization established in 1971 by lawyers has led to the creation of courts E. Burger Society. The ceremony was Chief Justice Warren E. Burger and the with different structures and processes hosted by the Dwight D. Opperman nation’s chief justices to improve justice tailored for today’s complex social Institute of Judicial Administration. in America’s state courts. The Warren issues and business environment: Chief Judge Kaye has long been a friend E. Burger Society was formed upon the drug treatment courts and community of the Institute, a member of the IJA celebration of the 25th Anniversary of courts are two significant examples, Board of Directors, and the inaugural the National Center for State Courts New York’s Commercial Division is Brennan Lecturer. to honor individuals who have volun- another. Her knowledge, leadership, Chief Justice Randall T. Shepard, teered their time, talent, and support to and experience in all of these areas chair of the Board of the National the National Center in an exceptional have been invaluable to us.” n Professor Oscar Chase’s Law, Culture and Ritual

JA was proud to host a reception texts of legal institutions. He presents to celebrate the publication of several case studies to demonstrate Oscar G. Chase’s Law, Culture and that the processes used for resolving Ritual: Disputing in Cross-Cultural disputes have a cultural origin and ContextI . Professor Chase, Executive impact. As he has written, “Disputing Co-Director of IJA and Russell D. systems are products of the societies Niles Professor of Law at NYU School in which they operate—they originate of Law, is a leading authority on New and mutate in response to disputes that York civil practice, having written two are particular to specific social, cul- books on that subject, Civil Litigation tural, and political contexts. Disputing in New York, a casebook that is widely procedures, therefore, are an impor- used in the field (now in its fourth edi- tant medium through which funda- tion), and the New York Civil Practice mental beliefs, values, and symbols of Law and Rules Manual, a two volume culture are communicated, preserved, chapter of his book to the large audi- treatise. In 1990, he became associ- and sometimes altered.” In his book, ence of friends, family, and members ate dean of the J.D. division and, from Professor Chase describes dispute res- of the NYU Law and IJA communities. 1994–99, served as the vice dean of olution practices ranging from those of Professor David Garland, who teaches the Law School. He is a member of the Azande, a technologically simple, both in the School of Law and the the Presidium of the International small-scale African society, to the rise Faculty of Arts and Science, praised Association of Procedural Law, the of discretionary authority in civil liti- the book and offered a spirited analy- only American to hold that position. gation in America. sis and critique. n In Law, Culture and Ritual, Professor At the December 1 reception to cele- Chase uses interdisciplinary schol- brate the book’s publication, Professor Law, Culture and Ritual was published arship to examine the cultural con- Chase read a portion from the opening by the New York University Press. Evan Chesler Elected Presiding Partner at Cravath, Swaine & Moore

van R. Chesler, who has served as New York University in 1970, after the President of IJA since August which he earned an M.A. in Russian 2002, has been elected the next Area Studies at Hunter College in 1973 Presiding Partner of Cravath, and a J.D. cum laude from New York SwaineE & Moore LLP. Mr. Chesler, who University School of Law in 1975, where currently heads the Firm’s 157-lawyer he was Topics Editor of the Law Review Litigation Department, has begun serv- and elected to the Order of the Coif. He ing as Deputy Presiding Partner and also served a clerkship with the Hon. will officially assume the responsibili- Inzer B. Wyatt (U.S. District Court for ties of Presiding Partner on January 1, the Southern District of New York). 2007. Mr. Chesler will be the Firm’s Mr. Chesler is a fellow in the tenth Presiding Partner. Mr. Chesler American College of Trial Lawyers, a joined Cravath in 1976 and became a fellow in the American Bar Foundation, Partner in 1982. He was named Head of a member of the Executive Committee the Litigation Department in 1996. of the International Institute for Mr. Chesler received a A.B. degree Conflict Prevention and Resolution, with highest honors in History from and a board member of the New

IJA Community News

We welcome news updates from our Center for State Courts. Justice Hon. Marsha M. Piccone, an Board, Members, Fellows, and Appellate Christian was an attendee of IJA’s 1964 IJA Member and 2005 New Judges Judges Seminar Alumni. If you would and 1968 Appellate Judges Seminars Seminar alum, has left the Colorado like to submit an item for the next issue and served on the faculty in 1972 and Court of Appeals to join Snell & Wilmer of our newsletter, please email Alison. from 1975 to 1984. LLP with a practice concentrated in [email protected] or fax (212) 995-4036. IJA Program Coordinator Alison complex litigation, litigation manage- Kinney, a novelist in her spare time, ment, and appellate work involving Sheila Birnbaum, an IJA Board has recently published stories in business and commercial litigation, Member and partner of Skadden Arps Blue Mesa Review and the Robert products liability, general tort, toxic Slate Meagher & Flom, was the honor- Olen Butler Prize Anthology, for which tort, and insurance law. ary inductee into the NYU School of she was a prize finalist, and has won Chief Justice Emeritus of the U.S. Law chapter of the Order of the Coif The Literary Review’s Charles Angoff Court of International Trade and on April 26, 2006. She was honored for Award for the best contribution to Distinguished Professor of Law (re- her outstanding achievements in the the magazine in 2005. tired) at St. John’s University, Hon. legal profession and service to the rule Hon. Rebecca Love Kourlis, a Edward D. Re, an IJA member, has of law. Ms. Birnbaum also delivered 1999 Advanced Judges Seminar alum published with Joseph R. Re the the New York City Bar Association’s and former Justice of the Supreme Ninth Edition of Brief Writing & Oral 2006 Annual Benjamin N. Cardozo Court of Colorado, is current Director Argument, of which Justice Warren E. Lecture, “Punitive Damages & Due of the Institute for the Advancement Burger said, “If lawyers understood Process: How Much Is Too Much?” The of the American Legal System at the and complied with the lessons con- Lecture was established in 1941 in re- University of Denver, whose mission tained in this valuable manual, they membrance of Justice Cardozo’s “love is to improve the legal system by em- would undoubtedly contribute to for the law, passion for justice, and bracing a non-partisan, non-ideologi- the more effective functioning of our sympathy for humanity.” cal, objective, innovative and effective judicial process.” Brief Writing & Oral We regret to report the passing of approach to reform. Argument is published by Oceana Hon. Winslow Christian, formerly Eugene J. Murret, an IJA Member Publications, Inc. of the Court of Appeals of California. and former Administrative Director IJA Board Members Carter G. Justice Christian’s long career in- of the Supreme Court of Palau, is Phillips (Partner, Sidley Austin LLP) cluded service as a deputy state at- now working for the Justice Sector and Theodore Olson (Gibson, Dunn torney general in 1951 and 1952 and Development Project (JSDP) in & Crutcher LLP) were mentioned in an as district attorney of Sierra County Sarajevo, a five-year USAID initiative ABA Journal article as “high court rock for 1955 to 1958. He was elected as a being implemented by East-West stars” for their impressive numbers Sierra County Superior Court judge in Management Institute (EWMI). The of appearances before the Supreme 1958, served as state health and wel- JSDP is committed to enhancing the Court of the United States: 51 for fare secretary under Gov. Pat Brown capacity of the justice system to main- Phillips and 43 for Olson. in 1963 and 1964, and was appointed tain and strengthen the rule of law. by Brown to the Court of Appeal in San Francisco in 1966. In 1971 he took leave from the bench to become the first executive director of the National

York State League of Women Voters faculty member at NYU’s College founder and Chairman of LAMP (the Education Foundation. He is the author of Arts and Science, where he has Lawyer Alumni Mentoring Program), of numerous articles on legal topics as taught an honors seminar entitled, which provides mentoring and curric- well as a chapter in the popular book, “Constitutional Rights in Times of ulum enrichment programs to pre-law Inside the Minds of Leading Litigators National Crisis.” Mr. Chesler is a students. In 2001, Mr. Chesler received (Aspatore Books, 2002). member of NYU’s Board of Overseers the College’s Alumni Distinguished At New York University School of of the Faculty of Arts and Science, a Service Award. In 2004, he received Law Mr. Chesler has served as a guest member of the University’s Council the University’s Alumni Meritorious lecturer and has been an adjunct on the Future of Arts and Science, and Service Award. n

undisclosed prize, wondering how high the price would go. Professor Choi unabashedly admits that he wasn’t always a star professor. He’s now able to smile as he recounts his first difficult years of teaching at the University of Chicago. “In the begin- ning, I consistently got low scores on my student evaluations. There were no materials on how to teach securities regulation, so I just marched the class through the rules and regulations one by one. I realized that some students may not find the materials all that com- pelling taught this way, and I needed to try something else.” He set out to change how the subject was taught. Since then, he has written his own textbook, devel- oped a comprehensive guide to teaching securities law (including Power Point slides and in-class exercises), and crafted a unique teaching style that has earned him top ratings from students. His presentation is clear and organized, and he’s constantly experimenting with new techniques to make his classes more interesting and engaging. As he Professor Stephen Choi Helps says, “Trying something new and having it work well is the most satisfying Lead IJA Summer Fellows part of teaching.” Steve Choi’s success is no surprise given his extraordinary credentials. By Josh Kaplan cal law school class. Spring 2006 was After finishing first in his class at 2005 IJA Summer Fellow only his second semester teaching at Harvard Law in 1994, he spent two NYU Law, and his reputation as an out- years working for McKinsey & Co. In lmost immediately after he standing instructor already has been 1995, he began his academic career as arrived in New York, Stephen firmly established. Despite the fact that a Visiting Assistant Professor of Law at Choi, the William T. Comfort, the course featured a weekly lecture at the University of Chicago Law School. III Professor of Law at NYU 9 AM on Fridays, there was barely an During his time in Chicago, he also ALaw, began to put his talents as a empty seat in the room. The first few completed his Ph.D in economics. In scholar and teacher to use for the minutes of class seemed like any other 1998, he moved to the U.C. Berkeley IJA. In 2005 he served as an advisor lecture: a brief introduction, an out- Law School where he was the Roger to the IJA Summer Fellows (see page line of the course, some administrative J. Traynor Professor of Law. Six years 9). He drew upon his experience as a details. But that’s where the similari- later, he joined the faculty of NYU Law scholar and as faculty advisor to the ties ended. Within five minutes, he had and the IJA. U.C. Berkeley Law Review to offer guid- jumped into his first power point pre- Professor Choi’s scholarship is every ance on how to find note topics, con- sentation on the rationale behind secu- bit as unique as his teaching, spanning duct research, and structure legal aca- rities regulation. Forty-five minutes over 30 publications. The vast major- demic writing. In 2006 Professor Choi later, he auctioned off a sealed enve- ity of his research involves corporate has returned as Co-Director of the IJA lope (whose contents were known only and securities law. His work consists Summer Fellows Program. to five students) to illustrate how infor- of both theoretical and empirical stud- Not many law school classes feature mation asymmetry in the securities ies of the regulation of capital markets. a charity auction during the first lec- market functions. The students were He constantly questions the assump- ture. But Professor Choi’s Survey of doing more than paying attention; they tions behind the securities regulation Securities Regulation is not your typi- were bidding against each other for an regime and has devoted much time to IJA Summer Fellows

Every year since 1996, IJA has selected abroad in Paris and St. Petersburg. IJA Summer Fellows four top-notch first-year students for its After graduation, she taught English Summer Fellows program. The fellowship, to high school students in a suburb 1996–2005 a full-time summer commitment, inte- of Paris. Currently at NYU, she volun- 1996 Sarah R. Cebik, Jeffrey M. grates an intensive note-writing experi- teers for the Unemployment Action Hirsch, Daniel J. Krause, Daniel H. R. ence with research responsibilities for IJA’s Center, where she represents indi- Laguardia New Appellate Judges Seminar. Recent IJA viduals who have been denied un- Melanie Hochberg Giger, Summer Fellows have obtained clerkships employment insurance. 1997 Benet J. O’Reilly, Anjli Garg Pero, with judges on the United States Supreme A native of Dallas, Brian Johnston Kieran P. Ringgenberg, Douglas T. Tsoi Court, various U.S. Courts of Appeals, received his undergraduate degree State Supreme Courts, and U.S. District in electrical engineering from Rice 1998 Christopher J. Garofalo, Courts. We are proud to announce the University in 2005. In addition to his Lauryn Powers Gouldin, Ilizabeth 2006 Summer Fellows: engineering coursework, Brian began Gonchar Hempstead, Derek Ludwin working on an independent research Tracy Jade Chin attended the Gallatin project under a professor in the de- 1999 Abigail Phillips Caplovitz, School at New York University, where partment. The project was a great Margaret Hayes Lemos, Joel Lance she designed a program of study fo- success, culminating in invitations Thollander, David Albert Yocis cusing on the representation of race in to speak at conferences in Houston, 2000 Brian Hochleutner, William the media and Asian Pacific American Dallas, and Germany, and the publica- McGeveran, Parvin D. Moyne, Shirley studies. Before coming to NYU Law, tion of the resulting paper by a well- S. Park Tracy worked as press secretary for a known national conference. In his city council campaign in Queens and spare time, Brian sings with the law 2001 Yohance C. Edwards, Jessica as a property and casualty underwrit- school’s a cappella group and serves Kayle Fried, Jennifer G. Presto, Robert er for a large insurance company, be- as pianist and music director for Law Alexander Schwartz fore transitioning to the publicity de- Revue, NYU’s annual student-pro- 2002 Matthew B. Larsen, Ajay partment of a publishing house. At duced musical. Salhotra, Kimberly C. Spiering, NYU Law, she is an instructor with Michael Petrocelli is a native of James A. Worth the Prisoner Rights and Education Mill Valley, California and a gradu- Program, and is also involved with ate of the University of California 2003 Kristina Daugirdas, Elliot the Coalition for Legal Recruiting, the at Berkeley, where he studied his- Greenfield, Jonathan K. Regenstein, Intellectual Property, Entertainment, tory. Prior to entering law school, he Lindsay (Traylor) Braunig and Sports Law Society, and the earned a master’s degree in journal- 2004 Jason W.H. Burge, Ari D. Asian Pacific American Law Students ism from Columbia University and MacKinnon, Lee M. Pollack, Teddy Rave Association. worked as a reporter for daily news- Allegra Glashausser grew up in papers in North Carolina and Virginia. 2005 Kara J. Ervin, David A. Herman, Highland Park, New Jersey. She at- His research interests center on legal Joshua M. Kaplan, Kimberly Steefel tended the University of Michigan, issues related to the press, including where she majored in history and reporter shield laws, “sunshine” laws, French, and minored in Russian and libel litigation. studies. Her junior year she studied ascertaining the impact of SEC reforms sure judicial performance. His research is an attempt to find concrete answers on securities litigation. He is currently ranks judges according to productiv- to serious questions about how well our researching the effects of the Private ity, opinion quality and judicial inde- judicial system functions. Securities Litigation Reform Act on pendence. A related study examines Professor Choi looks forward to tak- securities class action settlements. whether judges’ choices of out-of-cir- ing a more active role in working with In addition to his work in corporate cuit opinions for citation fall along the IJA membership and sharing his law, he has collaborated with Professor party lines. Judicial neutrality and insights on how to effectively improve Mitu Gulati of Duke Law School on competence are hotly debated subjects, the judicial system. n developing empirical models to mea- and Professor Choi’s work with Gulati 10

Paul T. Cappuccio Esq. Stephen M. Shapiro Esq. Hon. Herman J. Weber Jr. IJA Board Executive Vice President Mayer Brown Rowe U.S. District Court for the of Directors and General Counsel, & Maw, LLP Southern District of Ohio Time Warner Inc. Linda J. Silberman Hon. William H. Webster Michael V. Ciresi Esq. Martin Lipton Professor of President Emeritus Robins, Kaplan, Miller Law, NYU School of Law Millbank, Tweed, Hadley & Ciresi, LLP & McCloy Hon. Kenneth W. Starr Hon. Paul D. Clement President Emeritus Arthur T. Vanderbilt (ex-officio) Dean, Pepperdine University Sponsoring Member Solicitor General of the School of Law Kenneth R. Feinberg Esq. President United States Feinberg Group, LLP Evan R. Chesler Esq. Hon. John M. Walker Jr. Cravath, Swaine & Moore, LLP Florence A. Davis Esq. Chief Judge, U.S. Court Charles E. Clark President, The Starr of Appeals for the Sustaining Member Foundation Second Circuit Hon. Mary Hannah Leavitt Commonwealth Court Professor Walter E. Kelly R. Welsh Esq. of Pennsylvania Dellinger III President Emeritus Duke University School Executive Vice President John J. Parker of Law and O’Melveny and General Counsel, Contributing Members & Myers, LLP The Northern Trust Company Hon. Douglas Inge Johnstone Vice President and Hon. Harry T. Edwards Hon. Kimba M. Wood Supreme Court of Alabama Executive Co-Director U.S. Court of Appeals for the U.S. District Court for the (Retired) Samuel Estreicher District of Columbia Circuit Southern District of New York Dwight D. Opperman Hon. Steven H. Levinson Professor of Law, Hon. Robert A. Katzmann Diane L. Zimmerman Supreme Court of Hawaii NYU School of Law U.S. Court of Appeals Samuel Tilden Professor for the Second Circuit of Law, NYU School of Law Hon. Frank E. Sullivan Jr. Supreme Court of Indiana Hon. Judith S. Kaye Hon. Rya W. Zobel Chief Judge, Court of Appeals U.S. District Court for the Regular Membership of the State of New York District of Massachusetts Hon. E. Riley Anderson Supreme Court of Tennessee Thomas C. Leighton Esq. Vice President, Litigator IJA Members Hon. Rex Armstrong Content Center, West Group Court of Appeals of Oregon Secretary and (as of July 5, 2006) Executive Co-Director Martin Lipton Esq. Life Members Hon. Nancy Friedman Atlas Oscar G. Chase Wachtell, Lipton, Rosen & Katz Hon. Marc T. Amy U.S. District Court for the Russell D. Niles Professor Court of Appeal of Louisiana Southern District of Texas Theodore B. Olson Esq. of Law, NYU School of Law for the Third Circuit Gibson, Dunn & Crutcher Hon. John Gatch Baker Hon. Maurice A. Hartnett III Court of Appeals of Indiana Hon. Shirley S. Abrahamson Dwight D. Opperman Esq. Supreme Court of Delaware Chief Justice, Supreme Court Chair, Key Investment, Inc. Hon. Carlos T. Bea of Wisconsin Hon. Thomas Homer U.S. Court of Appeals for the Carter G. Phillips Esq. Appellate Court of Illinois Ninth Circuit Donald B. Ayer Esq. Sidley Austin LLP for the Third District Jones Day Hon. Carol A. Beier Richard L. Revesz Hon. Stewart G. Pollock Supreme Court of Kansas Sheila L. Birnbaum Esq. Dean and Lawrence Supreme Court of New Jersey Skadden, Arps, Slate, King Professor of Law, Hon. Roland L. Belsome (Retired) and Riker, Danzig, Meagher & Flom NYU School of Law Court of Appeal of Louisiana Scherer, Hyland & Perretti for the Fourth Circuit Peter Buscemi Esq. Hon. Barbara J. Rothstein Hon. Abraham D. Sofaer Morgan Lewis & Bockius LLP (ex officio) Hon. Debra Halpern Bernes The Hoover Institution Director, Federal Judicial Center Court of Appeals of Georgia 11

Hon. Charles M. Bleil Hon. Brent E. Dickson U.S. District Court for the Supreme Court of Indiana Calendar of Events Northern District of Texas Hon. Alexandra D. For more information on upcoming IJA events, visit our Web Hon. Theodore R. Boehm DiPentima site at www.law.nyu.edu/institutes/judicial Supreme Court of Indiana Appellate Court of Connecticut June 12–30, 2006 Hon. Charles L. Brieant Training and Education Program for the U.S. District Court for the Hon. Sarah B. Duncan Chinese Judiciary Southern District of New York Court of Appeals of Texas The third in a series of programs for judges from the People’s for the Fourth District Hon. James L. Cannella Republic of China. Fifth Circuit of Appeal Hon. Antoinette L. Dupont July 9–14, 2006 for the State of Louisiana Appellate Court of Connecticut New Appellate Judges Seminar Charles Carpenter, Esq. Co-sponsored by the Federal Judicial Center, West Group, and American Academy of Hon. Christine M. Durham Cravath, Swaine, & Moore. Appellate Lawyers Supreme Court of Utah

August 4, 2006—Honolulu, HI Hon. Craig L. Carver Hon. Andrew S. Effron “A Review of the U.S. Supreme Court’s Term” U.S. Navy-Marine Corps U.S. Court of Appeals A Panel Discussion and reception at the IJA Alumni Reunion and Court of Criminal Appeals for the Armed Forces Meeting of the Members. Sponsored by The Supreme Court of Jordan B. Cherrick Esq. Hon. Craig T. Enoch Hawaii and IJA, in conjunction with the ABA Annual Meeting. Greensfelder, Hemker Supreme Court of Texas November 3, 2006 & Gale, P.C. (Retired), Winstead, Sechrest and Minick Meeting of the IJA Board of Directors Hon. Eric L. Clay U.S. Court of Appeals Hon. Robinson O. Everett February 22, 2007 for the Sixth Circuit U.S. Court of Military Appeals Thirteenth Annual Justice William J. Brennan, Jr. Lec- (Retired), Duke University Hon. Frank G. Clement Jr. Law School ture on State Courts and Social Justice Court of Appeals of Tennessee Hon. Leah Ward Sears, Chief Justice of the for the Middle Grand Division Hon. Mike Fain Supreme Court of Georgia Court of Appeals of Ohio This lecture series honors the state judiciary as the bedrock of Hon. Robert W. Clifford for the Second District justice under law in the United States. All alumni and members Supreme Judicial Court are invited to attend. of Maine Hon. Chief Justice Lance G. Finch March 12–13, 2007 Hon. Richard R. Clifton Court of Appeals of U.S. Court of Appeals Workshop on Employment Law for Federal Judges British Columbia for the Ninth Circuit Co-sponsored by the Federal Judicial Center and the NYU Hon. Helen E. Freedman School of Law Center for Labor and Employment Law. The Hon. Thomas Cromwell Supreme Court of New York ninth in a series of workshops for federal trial and appellate Court of Appeals of State, Appellate Division, judges. Interested applicants should contact the FJC to register. Nova Scotia First Department

July 8-13, 2007 Hon. Martha Craig Hon. Susan Peikes Gantman Daughtrey New Appellate Judges Seminar Superior Court of U.S. Court of Appeals Co-sponsored by the Federal Judicial Center. Judges with up to Pennsylvania for the Sixth Circuit four years of experience on the appellate bench can apply to Barry H. Garfinkel Esq. the Seminar. Hon. Morton D. Denlow Skadden, Arps, Slate, U.S. District Court for the Meagher & Flom LLP Northern District of Illinois Hon. Leonard I. Garth Hon. Diane Vinson DeVasto U.S. Court of Appeals for the Court of Appeals of Texas Third Circuit for the Twelfth District 12

Gibson Gayle Jr., Esq. Hon. T. Kenneth Griffis Hon. Annabelle Clinton Hon. Judith McConnell Fulbright & Jaworski L.L.P. Court of Appeals of Imber Court of Appeal of California Mississippi Supreme Court of Arkansas for the Fourth District Hon. James G. Glazebrook U.S. District Court for the Hon. John Michael Guidry Hon. Roderick L. Ireland Hon. Joseph K. McKay Middle District of Florida Court of Appeal of Louisiana Supreme Judicial Court of Supreme Court of for the First Circuit Massachusetts New York State Hon. Thomas J. Grady Court of Appeals of Ohio for Hon. James W. Haley Hon. Earl Johnson Jr. Hon. Vincent L. McKusick the Second District Court of Appeals of Virginia Court of Appeal of California Supreme Court of Maine for the Second District (Retired), Pierce Atwood Hon. R. Malcolm Graham Hon. George C. Hanks Jr. Court of Appeals of Court of Appeals of Texas Hon. Jim Jones Hon. M. Blane Michael Massachusetts for the First District Supreme Court of Idaho U.S. Court of Appeals for the Fourth Circuit Hon. John M. Greaney Hon. Andrew J. Higgins Hon. Joette Katz Supreme Judicial Court of Supreme Court of Missouri Supreme Court of Hon. Ronald T. Y. Moon Massachusetts (Retired), Inglish & Monaco, Connecticut Supreme Court of Hawai’i P.C. Norman L. Greene Esq. Hon. Howard H. Kestin Michael J. Moroney Esq. Schoeman, Updike, & Hon. Janice M. Holder P.J.A.D. Honorary Consul General, Kaufman, LLP Supreme Court of Tennessee Superior Court of New Jersey, Consulate of the Republic Appellate Division of Palau

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Hon. E. Norman Veasey Hon. Roger L. Wollman Supreme Court of Delaware U.S. Court of Appeals for the (Retired), Weil, Gotshal & Eighth Circuit Manges Hon. Diane P. Wood Professor Oscar Chase, IJA Executive Co-Director, reading from his Hon. Gary R. Wade U.S. Court of Appeals book at the celebration of the publication of Law, Culture and Ritual. Court of Criminal Appeals for the Seventh Circuit Hon. Marsha M. Piccone Hon. Leonard B. Sand of Tennessee for the Eastern Hon. Jim T. Worthen Colorado Court of Appeals U.S. District Court for the Grand Division Court of Appeals of Texas (Retired), Snell & Wilmer LLP Southern District of New York Hon. William L. Waller Jr. for the Twelfth District Hon. Jaime Pieras Jr. Hon. Shira Ann Scheindlin Supreme Court of Mississippi Hon. James R. Zazzali U.S. District Court for the U.S. District Court for the Hon. Peter D. Webster Supreme Court of New Jersey District of Puerto Rico Southern District of New York Court of Appeal of Florida Hon. Donald C. Pogue Hon. David Schuman for the First District Some of the articles in this issue U.S. Court of International Court of Appeals of Oregon Hon. Barbara Byrd Wecker also appear, in modified form, Trade in The Law School magazine. Hon. Randall T. Shepard Superior Court of New Jersey, Contributing writers: Kathy Hon. Loretta A. Preska Supreme Court of Indiana Appellate Division Maloney, Graham Reed, and U.S. District Court for the Hon. Frank A. Shepherd Joshua Kaplan. Southern District of New York Court of Appeal of Florida Hon. Edward D. Re for the Third District U.S. Court of International Hon. Bea Ann Smith Trade (Retired) Court of Appeals of Texas Norman Redlich Esq. for the Third District Wachtell, Lipton, Hon. Roscoe B. Rosen & Katz Stephenson Jr. Richard H. Reimer Esq. Supreme Court of Virginia The American Society of Hon. Melvyn Tanenbaum Composers, Authors and Supreme Court of New York Publishers State, Appellate Term, Second Hon. Ariel A. Rodriguez Department Superior Court of New Jersey Hon. Richard B. Teitelman Appellate Division Supreme Court of Missouri Hon. Kathleen M. Salii Professor Timothy Terrell Supreme Court of the Emory University School Republic of Palau Chief Justice Randall T. Shepard’s amazing performance of Ya Got of Law Trouble at the 2006 Brennan Lecture. IJA Membership The Dwight D. Opperman Institute of Judicial Administration (IJA) thanks its members for their contributions, which help us to advance the quality of justice in our legal system. Because of IJA members’ support, IJA has offered an unrivaled opportunity for ongoing dialogue between the federal and state judiciary, policy makers, practitioners, academics, and students. IJA is a non-partisan, non-profit organization founded in 1952 at NYU School of Law by Chief Justice Arthur Vanderbilt, who out- lined the following goals: • To promote coherence and predictability in the law and its administration • To develop high-quality continuing education programs for state and federal judges • To engage in sustained dialogue among the various sectors of the legal profession • To foster research on important public policy issues affecting the administration of justice The work of the Institute has become ever more critical with the proliferation of federal and state laws, the increasing tendency to resort to the courts to resolve wide-ranging private disputes and social problems, and the concomitant growth in the number of lawyers, courts, and adjudicative bureaucracies. In 2005, the Institute was renamed the Dwight D. Opperman Institute of Judicial Administration in recognition of Mr. Opperman, a long-time member of the Board of Directors. Mr. Opperman’s outstanding generosity and support have secured the Institute’s future as one of the nation’s leading nonpartisan institutions for the education of the judiciary. IJA relies on the energy and assistance of its friends to maintain its high standards of service and outreach. A large part of our resources is devoted to subsidizing the involvement of judges whose court budgets can no longer allow participation in continuing education programs. In order to meet the needs of our constituencies, we seek your interest, your involvement, and your support.

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