Columbia Law School Magazine Fall 2011

Fromthe Dean

On August 19, David M. Schizer, Dean and the Lucy G. Moses Professor of Law, welcomed the incoming class of J.D. and LL.M. students to Columbia Law School. An edited version of Dean Schizer’s welcoming remarks follows.

On behalf of the faculty and graduates of Columbia Law School, pant corruption and incompetence, Hughes so wounded the it is my pleasure to welcome all of you. You are a remarkable New York political establishment that he was the only viable group, and we are very proud to have you with us. . . . Republican candidate for governor left standing in 1906. Or [T]he graduates of this law school are among the most at least that was the assessment of Theodore Roosevelt, who distinguished and influential lawyers in the world. You know was two years ahead of Hughes at Columbia Law School. As the names of many of them, but not all. For example, one president of the United States (and as a former governor of of our graduates was governor of New York, a candidate for New York), TR was Hughes’ most influential supporter. When president of the United States, secretary of state, a judge on Hughes later served as chief justice of the Supreme Court from the Court of International Justice in the Hague, and chief 1930 to 1941, his central preoccupation was the legality of the justice of the United States. How many of you can name the agenda of another Columbia-trained lawyer, Franklin Delano graduate I am talking about? Have you heard of Charles Roosevelt, Class of 1907. And when Hughes retired, his suc- Evans Hughes? He is arguably the Columbia graduate most cessor as chief justice was Harlan Fiske Stone, a graduate from in need of a publicist, since I’m betting that his name is the Class of 1898 and a former dean of this law school. Basi- new to most of you, notwithstanding his remarkably distin- cally, these guys all knew each other. If they lived today, they guished career. Hughes graduated in 1884, and this coming would be writing on each other’s Facebook walls. (I have no April marks the 150th anniversary of his birth. It is worth idea what that means, but I suspect you all do.) . . . remembering Hughes today because he helped define this As I am sure you know, Hughes was part of a proud nation’s direction during a time of extraordinary turmoil and Columbia Law School tradition that continues to this day. change—in the geopolitical order, in our economy, and in our Generations of our graduates have had a profound influence constitutional system—a time that was, in many ways, much on the law and on our world. . . . I suspect that during their like the present. . . . first week at Columbia Law School, these graduates had Hughes’ professional trajectory was meteoric and, as he no idea how their careers would unfold, and obviously the rose to the top of our profession, he was constantly in the same is true of all of you. But we know that, like the classes company of other Columbia-trained lawyers. Within a few that have come before you, you will grow intellectually and years of his graduation, Hughes became the name partner personally while you are here. . . . It is a great pleasure and a of a distinguished New York law firm (which still exists and privilege to have you with us, and I look forward to an excit- is now called Hughes Hubbard & Reed). One of his first law ing time together. Welcome to the Columbia family! partners was another graduate, Paul Cravath, Class of 1886, who went on to found another well-known law firm, Cravath, Swaine & Moore. Hughes’ political career began in 1905, when he presided over hearings to investigate the gas monopoly in New York City and the insurance industry. By revealing ram-

LAW.COLUMBIA.EDU/MAGAZINE 1 Tableof Contents:

14 departments

5 14 18 19 20 NEWS & EVENTS SEE ALSO SETTING THE BAR FACULTY FOCUS PROFILES IN Michelle Pham, Economics and the Law, Federalism, SCHOLARSHIP Rafael Sakr, Jagdish Bhagwati Gillian E. Metzger Kathryn Judge Greg Beaton, Maya Ondalikoglu

48 ALUMNI PROFILES 52 The Guardian 56 INTEGRATING BY Paula Span ACCOMMODATION By elizabeth f. emens 48 The Fixer Through both his law BY Peter Kiefer practice and his philan- Workplace accom- When economic crises thropy, Max Berger ’71 modations and other deepen and financial stays sharply focused on adjustments meant to turmoil becomes more making a positive impact assist those with dis- severe, David Preiser ’82 in the lives of others. abilities often result in rises to the challenge. benefits that improve the lives of many. 54 AT ISSUE ESSAYS 58 The Dealmaker BY Lila Byock CLASS NOTES 54 Subsidizing Alison Ressler ’83 oversees the Press 76 Sullivan & Cromwell’s work BY David M. Schizer IN MEMORIAM in California, where she With newspapers and has mastered the art of other traditional press 80 the big deal. outlets struggling to sur- QUESTIONS vive, the time has come PRESENTED for news organizations Mikheil Saakashvili ’94 LL.M. to make greater use of the nonprofit form. 50 22

features

22 30 drawing outstanding the lines service By Adam Liptak BY Alexander Professor Nathaniel Zaitchik Persily has created an Through public service, innovative new course Law School professors that trains students in the are impacting policy complicated practice of at the highest levels of drawing congressional federal, state, and local district lines. The government. Back at nonpartisan maps students Columbia, students and turning the tide create have many in colleagues continue to BY Eveline Chao Washington, D.C., and benefit from this real- Four Columbia Law School states across the nation world experience. graduates working at the nexus taking note. of business and law in East Asia 36 are making their mark on the 26 breaking global economy at a critical Family Ties through moment in time. BY Carrie Johnson BY Daniel Gross The U.S. Attorney for the Energy policy on both Southern District of New the domestic and global York and his entrepreneur- fronts is a hodgepodge ial whiz kid brother have of contrasting rules and already reached the high- ineffective measures that est of professional heights. don’t portend well for the And, from the looks of future. If real change is things, they are just get- going to come, lawyers will 40 ting started. play a vital role in leading the charge.

Cover illustration by Justin Renteria

LAW.COLUMBIA.EDU/MAGAZINE 3 Columbia Law School Magazine Welcome back graduates in Dean david m. schizer class years ending in 2 or 7. Associate Dean for Development and Alumni Relations bruno m. santonocito Executive Director of Communications and Public Affairs elizabeth schmalz Editor matthew j.x. malady Managing Editor joy y. wang Assistant Editor carl schreck JOIN Photography Director peter freed THE Copy Editor lauren pavlakovich FUN Design and Art Direction the barnett group Printing maar printing service, inc. JUNE Columbia Law School Magazine is published twice annually for alumni and friends of 8-9 Columbia Law School by the Office of Development and Alumni Relations. Opinions expressed in Columbia Law School Magazine do not necessarily reflect the 2012 views of Columbia Law School or Columbia University.

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June 8-9, 2012 Join the news & events The Waldorf=Astoria Conversation Go Beyond Tell us what Explore you think in our interactives Experts Examine comments section Professor related to Morningside Heights reunion panel participants discuss mass tort litigation trends. Henkin’s Panel Assesses Legacy articles

Prominent legal and Complex Class- human rights scholars convened at the Law School this spring to discuss and celebrate ction Cases the legacy of Professor A Emeritus Louis Henkin. experts gather at columbia law school for an The renowned pioneer in-depth look at class-action lawsuits and mass of international and tort litigation. human rights law, who taught international As part of this June’s Reunion 2011 District of New York explained why he law at the Aspen weekend, several experts in class- denied class-action status to more than Institute to more than 300 judges—including action and mass tort litigation gath- 10,000 plaintiffs allegedly affected by four future Supreme ered to discuss challenges and recent the 9/11 terrorist attacks. Court justices—passed developments in the field. Professor “A class action gives extreme power away last October John C. Coffee Jr. moderated the to the class lawyer, and a judge is at at the age of 92. Following the March panel discussion, which was orga- the mercy of the lawyer in terms of 28 commemoration nized by U.S. District Court Judge which cases to advance, [and] which of Henkin’s life and Jack B. Weinstein ’48. to settle,” Hellerstein said. “I quickly legacy, Professor In addition to Weinstein, the panel understood that these were an accu- sarah H. Cleveland, the Louis Henkin included U.S. District Court Judge mulation of different kinds of cases.” Professor in Human View More Alvin K. Hellerstein ’56, 9/11 claims He eventually fostered a settlement to Henkin taught and Constitutional administrator and Lecturer-in-Law distribute $625 million to more than more than Rights, moderated Kenneth R. Feinberg, Law School 10,000 rescue workers affected by a panel discussion titled “Louis Henkin: W aTCH videos and Professor Bert Huang, Pfizer General dust from the collapse of the World 300 judges A World of Ideas Counsel Amy Schulman, and Eliza- Trade Center. and Action.” The beth Cabraser of Lieff, Cabraser, Hell- Feinberg, whom Hellerstein panel, which featured man & Bernstein. appointed to hear appeals relating to distinguished political browse slideshows scientists, human Weinstein, who has co-authored the settlement, noted the difficulty rights scholars, and a mass torts casebook with Fein- and delicacy of working with those international law berg, has presided over a variety of involved in class-action cases. experts, addressed Henkin’s global notable mass tort cases, including “Unless you give the plaintiff or the influence—in those involving Agent Orange, breast claimants some say in his or her result, particular his impact To view your Reunion class schedule, visit on the evolution of implants, tobacco, and asbestos. the very credibility of the rule of law, During the discussion, Hellerstein of and particularly that settlement, is human rights and international law. • the U.S. District Court for the Southern called into question,” he explained. • Web listen in Download a podcast of the panel discussion. www.law.columbia.edu/alumni/reunion law.columbia.edu/mag/mass-lit-panel 8 COLUMBIA LAW SCHOOL MAGAZINe fALL 2011 Exclusives Read additional web-only profiles For inquiries, call 212-854-2680 or email and articles [email protected] Listen In Download podcasts of Law School Events

4 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 Law School Center to News Promote Clean Energy in India Events:

The Center for Climate Change Law recently received a $485,000 grant from the Indian steel, power, and energy producer Sujana Group to facilitate clean-energy investment in India. The grant, awarded to the center’s Clean Energy Investment-U.S. India project, is aimed at Clas s of 2011 Encouraged to helping U.S. companies pursue investments Look Toward the Future that not only help The Columbia Law School Class of tributing to the greater good. “[T]he India and its rapidly growing economy 2011 celebrated a memorable mile- country needs your leadership and reduce greenhouse stone this spring with the May 16 talent,” he told graduates. “Public gases, but also provide graduation ceremony for J.D., LL.M., service is not only a privilege and an attractive rate of and J.S.D. students. The occasion great responsibility, but also it is the return. The grant aims to create contracts and brought blue-robed graduates and highest calling you will have from other legal instruments their families to Columbia’s campus, your country.” to boost U.S. investors’ where George W. Madison ’80, general Professor Trevor W. Morrison ’98, access to a country counsel to the U.S. Treasury Depart- who received the 2011 Willis L.M. that, according to Placement for the a 2009 McKinsey & Class of 2011 ment, delivered the keynote address. Reese Prize for Excellence in Teach- Company report, needs exceeded In welcoming graduates and ing, exemplifies the spirit of public $1.1 trillion to install guests, David M. Schizer, Dean service. Two years ago, he served in clean power technology and slash its carbon 95 and the Lucy G. Moses Professor the White House as associate counsel pre cent emissions substantially. • of Law, noted that the Class of to the president. Morrison spoke to 2011 witnessed several momen- attendees about the rich tradition tous events while in law school, of Columbia Law School graduates including historic financial and working at all levels of government environmental crises. He was and explained that they serve as optimistic that the students would examples of the possibilities that lay George W. Madison ’80 and dean David M. Schizer use the experience and skills they ahead for the Class of 2011. gained at the Law School to make “[T]hese people [once] sat more a lasting difference. or less where you sit today—as newly “Great societies look to the future,” minted Columbia graduates, their Dean Schizer said. “They are willing to careers about to launch,” Morrison make sacrifices today in order to make said. “They went on to do vitally the world better tomorrow. That spirit important things for this country, helped to create the freedom and but none of it was foreordained. prosperity that we now enjoy.” When they sat where you are now, During his keynote talk, Madison they were you. That means you can emphasized the importance of con- be them.” •

Visit the graduation site for full event coverage. web exclusive law.columbia.edu/mag/grad-2011

“The U.S. Supreme Court’s recent reinterpretation of the Second Amendment places children in far more peril than playing violent video games. Striking down gun laws promulgated to protect children from real violence is the actual menace to their safety.” —Professor Jane M. Spinak

LAW.COLUMBIA.EDU/MAGAZINE 5 news & events

Su san Denham ’72 LL.M. Named Ireland’s Chief Justice

Susan Denham ’72 LL.M. was named chief justice of the Supreme Court of professor James S. Liebman Ireland, becoming the first woman to lead that country’s highest court. The appointment marks yet another New Center Tackles career milestone for Denham, who became the first woman named to Public-Sector Reform Ireland’s Supreme A new cross-disciplinary program will train young leaders to reshape Court when she was schools and other public institutions. appointed in 1992. She is currently the After working for more than three years as the grade school system as teachers and principals, court’s longest- chief accountability officer at the New York City or from the organizational center. Many of those serving member. Department of Education, Professor James S. individuals could not, however, find a cross- During the past two Liebman is spearheading Columbia Law School’s disciplinary education that would equip them decades, Denham new interdisciplinary Center for Public Research with the broad skills and knowledge needed to has become known and Leadership, a collaborative initiative aimed effect such changes. This training, Liebman said, as a proponent of at boosting the effectiveness of public-sector is scattered across various disciplines—applied judicial reform, a institutions—starting with public schools. math, business, education, engineering, law, cause she continues Launched this spring, the center strives to produce policy, and sociology—from which promising to further. She policy research with rapid, real-world applications, young leaders are forced to choose. was instrumental and to create a pipeline of talented professionals “No single graduate or professional program in the creation of who can lead public-sector institutions undergoing provides the training they need,” Liebman said the Courts Service systemic transformations. While the center will recently, adding that many potential leaders of Ireland, a state- initially focus on K-12 educational policy and abandon their plans altogether, while others often funded organization practice, Liebman plans to eventually extend its continue on shaky theoretical and practical footing. that manages purview to the public sector as a whole and aims This past spring, 15 students participated in the operations of for it to become financially self-sufficient in its the center’s first two pilot classes: Public-Sector Ireland’s courts third year. Problem-Solving, in which students examined how and promotes The idea for the center—a joint initiative organizations spanning the public and private modernization with Columbia Business School and Teachers sectors approach and implement structural of its judiciary. • College—germinated during Liebman’s service in change; and Public-Sector Structural Change, the New York City school system while on leave which concentrated on educational reforms. from the Law School. During that time, he met a “This is one of the most exciting pedagogical stream of talented, enthusiastic young educators ventures I’ve been involved in in over 25 years of eager to promote structural changes in the teaching,” Liebman said. •

Verrilli Donald B. Verrilli Jr. ’83 recently was sworn in as U.S. solicitor general, a position tasked with representing the government before the U.S. Supreme Court. Widely recognized as one of the top Sworn litigators in the nation, Verrilli handled numerous high-profile cases at Jenner & Block in Washington, In as D.C., where he was a longtime partner prior to joining the Obama administration. His most notable Solicitor cases included Viacom’s $1 billion intellectual-property lawsuit against Google and death-penalty General cases before the Supreme Court. Verrilli joined the White House in 2009 to serve as associate deputy attorney general, focusing on domestic and national security policy, and was appointed deputy White House counsel the following year. Before his appointment, Verrilli had worked on more than 100 Supreme Court cases and argued 12. •

“The single-minded focus of many in Congress on reducing federal expenditures is jeopardizing the adoption of clean energy technologies. Without necessary funding and incentives, this vital move toward energy independence—and all the jobs that might come along—are in danger.” —Professor Michael B. Gerrard

6 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 news & events

Center for Gender and Sexuality Law awarded $1.5 m illion grant

professor jane c. ginsburg Ginsburg Garners Center for Gender Honors in Britain, U.S. and Sexuality ABA Report Praises Professor Jane C. Columbia Ginsburg recently Law Receives Law School was elected a corresponding With a strong and fellow of the British growing faculty, an Academy, which Substantial Grant named her among innovative curriculum, The $1.5 million grant will fund scholarship that and a highly engaged 15 distinguished focuses on the role tradition holds in influencing and satisfied student scholars outside social justice projects. body, Columbia Britain engaged in Law School remains areas of study the Columbia Law School’s Center for Gender and Sexuality Law recently “one of the finest academy aims to institutions of legal promote. Ginsburg, received a $1.5 million grant from the Arcus Foundation to launch the education in the one of nine U.S.-based Engaging Tradition Project, which will focus on how notions of tradition are nation,” the American scholars chosen for used to oppose and support social justice programs that deal with sexuality. Bar Association the fellowship, was The project, to be funded over three years, aims to help advocates understand concluded in its recognized for her most recent report achievements in and counter tradition-based objections to their work in promoting advance- on the Law School. intellectual property ment on issues relating to sexuality, gender, and race. The report also law and private “Columbia Law School’s commitment to [connect] theory to law and policy touted Columbia Law international law. She in practice ensures that the Engaging Tradition Project’s insights will find real- School’s intellectual was also recently environment selected for the Phi world relevance in litigation, policy initiatives, and broad-based advocacy while as “vibrant and Beta Kappa Society’s also contributing to academic discourse about sexuality and gender law,” said attractive,” Visiting Scholars Professor Suzanne B. Goldberg, who serves as a director of the Center for Gen- highlighted its Program, which brings noted academics to der and Sexuality Law. commitment to enhance the law U.S. universities to Urvashi Vaid, the former director of the National Gay and Lesbian Task school experience deliver presentations Force, serves as executive director of the new project. Participants will exam- for “increasingly in their areas of ine how ideas of tradition can be used to shape legal, legislative, and public- distinguished expertise. • education strategies. students,” and commended the “Appeals to tradition have been used both as trumps to limit or undermine faculty for being gender- and sexual-based justice projects, and as keys to unlock those very proj- both “prolific in producing important view more ects,” said Professor Katherine M. Franke, a director of the Center for Gender Watch Professor scholarship” and and Sexuality Law. “This project brings together a wide range of academics, law- Ginsburg’s Phi Beta “effective in providing Kappa presentation. yers, students, and grassroots advocates to examine how the use, or rejection, of a first-rate legal law.columbia.edu/mag/ tradition impacts the advancement of policy toward equality.” • education.” • ginsburg-pbk

LAW.COLUMBIA.EDU/MAGAZINE 7 news & events

Experts Examine Professor reunion panel participants discuss mass tort litigation trends. Henkin’s Panel Assesses Legacy

Prominent legal and Complex Class- human rights scholars convened at the Law School this spring to discuss and celebrate ction Cases the legacy of Professor A Emeritus Louis Henkin. experts gather at columbia law school for an The renowned pioneer in-depth look at class-action lawsuits and mass of international and tort litigation. human rights law, who taught international As part of this June’s Reunion 2011 District of New York explained why he law at the Aspen weekend, several experts in class- denied class-action status to more than Institute to more than 300 judges—including action and mass tort litigation gath- 10,000 plaintiffs allegedly affected by four future Supreme ered to discuss challenges and recent the 9/11 terrorist attacks. Court justices—passed developments in the field. Professor “A class action gives extreme power away last October John C. Coffee Jr. moderated the to the class lawyer, and a judge is at at the age of 92. Following the March panel discussion, which was orga- the mercy of the lawyer in terms of 28 commemoration nized by U.S. District Court Judge which cases to advance, [and] which of Henkin’s life and Jack B. Weinstein ’48. to settle,” Hellerstein said. “I quickly legacy, Professor In addition to Weinstein, the panel understood that these were an accu- Sarah H. Cleveland, the Louis Henkin included U.S. District Court Judge mulation of different kinds of cases.” Professor in Human Alvin K. Hellerstein ’56, 9/11 claims He eventually fostered a settlement to Henkin taught and Constitutional administrator and Lecturer-in-Law distribute $625 million to more than more than Rights, moderated Kenneth R. Feinberg, Law School 10,000 rescue workers affected by a panel discussion titled “Louis Henkin: Professor Bert Huang, Pfizer General dust from the collapse of the World 300 judges A World of Ideas Counsel Amy Schulman, and Eliza- Trade Center. and Action.” The beth Cabraser of Lieff, Cabraser, Hell- Feinberg, whom Hellerstein panel, which featured man & Bernstein. appointed to hear appeals relating to distinguished political scientists, human Weinstein, who has co-authored the settlement, noted the difficulty rights scholars, and a mass torts casebook with Fein- and delicacy of working with those international law berg, has presided over a variety of involved in class-action cases. experts, addressed Henkin’s global notable mass tort cases, including “Unless you give the plaintiff or the influence—in those involving Agent Orange, breast claimants some say in his or her result, particular his impact implants, tobacco, and asbestos. the very credibility of the rule of law, on the evolution of During the discussion, Hellerstein of and particularly that settlement, is human rights and international law. • the U.S. District Court for the Southern called into question,” he explained. •

Download a podcast of the panel discussion. listen in law.columbia.edu/mag/mass-lit-panel

8 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 news & events

Clerkship placement numbers stay at record level in 2011 Attorney General Emphasizes Value of

Public Service professor katherine m. franke U.S. Attorney General Eric H. Holder, Jr. ’76 encourages columbia law school graduates Professor to stay true to the values they acquired in law Franke school and discusses of-the-moment legal issues sElected with JUdge Gerard E. Lynch ’75. to be a Attorney General Eric H. Holder, Jr. ’76 Guggenheim addressed a lecture hall filled with Law Fellow School alumni at an event that represented a highlight of the Reunion 2011 weekend. Professor Katherine Holder, a recent recipient of the Law School’s M. Franke recently received a prestigious highest honor, the Medal for Excellence, Guggenheim discussed his role in government during the Fellowship. She will session, which was moderated by Professor use the opportunity to Gerard E. Lynch ’75, who serves on the U.S. write a book comparing Court of Appeals for the 2nd Circuit. the role of marriage In celebrating the 35th anniversary of equality in the modern A ttORNEY General Eric H. gay rights movement to Holder, Jr. his graduation from Columbia Law School, the efforts of African- Holder recalled sitting in a classroom similar Americans seeking to the auditorium in which he was speaking and hearing about what marriage rights post- his future would be like as a lawyer. slavery. “I have long “I think about this place more and more, and what this Law thought that today’s School has meant to me, the values that it instilled in me, and the marriage politics ought responsibility that I think I have, not only as attorney general, but to be better informed by the experiences of for the rest of my life,” he said. “That’s something that I hope you other subordinated share: That no matter how old you are, no matter where you are people who had not in your careers, that we will stay true to the things [we learned] in been allowed to marry this building; this notion of service, of responsibility, of trying to in the past,” said Franke, make this world better.” who taught a seminar Holder sat down with Lynch to talk last year on marriage equality. Franke has about the pressing issues that have been already completed a in the news during his time as attorney significant amount of general, including the Defense of Marriage view more research for the book. Act, immigration, and voter fraud. The Watch a video of “The Guggenheim attorney general also discussed how those the attorney general’s Fellowship will give opening remarks. me a tremendous in his office have worked with the Mexican law.columbia.edu/mag/ holder-remarks opportunity to government to fight drug cartels. complete this new During their conversation, Lynch and project,” she said. Holder talked at length about the initial decision to try Khalid Sheikh Franke is one of 180 Mohammed, an alleged member of Al Qaeda accused of planning Guggenheim Fellows the 9/11 attacks, in the U.S. District Court for the Southern District selected from more of New York, and the subsequent reversal of that decision. • than 3,000 applicants. •

“Our banks face a massive wave of lawsuits during the years ahead, not just from investors who purchased mortgage-backed securities, but also from state attorneys general who are pushing for billion-dollar settlements that would offer relief to homeowners trying to avoid foreclosure.” —Professor Edward R. Morrison

LAW.COLUMBIA.EDU/MAGAZINE 9 news & events

Two Graduates Become Law School Deans DISTINGUISHED GRADUATES WILL LEAD LAW PROGRAMS IN CLEVELAND AND BOSTON.

Columbia Law School graduates have been named deans at Case Western Reserve University School of Law and Suffolk University Law School. Lawrence E. Mitchell ’81 was appointed dean of the law school at Case West- ern after serving almost two decades as a professor at the George Washington

University Law School, where he was the Theodore Rinehart Professor of Busi- Professor Michael W. Doyle ness Law. While at George Washington, Mitchell founded the Center for Law, Economics & Finance to promote interdisciplinary research and advance public Do yle dialogue. Upon ascending to the position of dean, Mitchell referred to Case West- Named ern’s law school as “an extraordinary place” and praised its legal skills program as Moynihan among the most forward-thinking in the country. Mitchell’s appointment came just months after fellow Law School gradu- Fellow ate Camille A. Nelson ’00 LL.M. assumed her post as the new dean of the law Professor Michael school at Suffolk University, becoming the first woman and the first African- W. Doyle has been American to hold that position in the school’s 104-year history. After gradu- elected a Daniel ating from Columbia Law School, Nelson taught contracts, criminal law, and Patrick Moynihan Fellow by the critical race theory as a professor at Saint Louis University School of Law. She American Academy also served as a visiting professor and the Dean’s Distinguished Scholar in of Political and Residence at Washington University School of Law in St. Louis. Social Science. The recent deanship appointments for Mitchell and Nelson follow that of Doyle, the Harold Brown Professor Frederic White ’73, who was named dean of Texas Wesleyan University’s law of International school in 2008. • Affairs, Law, and Political Science, has written extensively on peacekeeping and transnational Arbitration Experts conflicts. He will be inducted into the gather for law academy next year. school conference Academy fellows are “recognized for Some of the world’s leading arbitrators, their outstanding lawyers, judges, and scholars recently contribution to convened at Columbia Law School to discuss the use of social complex arbitrations as part of the second- science evidence and annual Columbia Arbitration Day. Participants informed judgment examined cutting-edge arbitration topics in the public policy such as proceedings involving multiple parties process,” and Professor George A. Bermann and contracts, parallel proceedings spanning each fellowship is multiple jurisdictions, and the courts’ dwindling named in honor of a monopoly in dispute resolution. Keynote speaker Horatia Muir Watt, the distinguished scholar James S. Carpentier Visiting Professor of Law, noted that the private sector or civic leader. • is competing strongly with the courts in the global market for judicial services. Other speakers included George A. Bermann, one of the world’s top arbitration experts, who is the Jean Monnet Professor of EU Law and Walter Gellhorn Professor of Law. •

“In the short term, Dodd-Frank’s conflict mineral provisions are hurting the economy of the eastern Congo. As a result, some humanitarians are echoing the call of businesses to step back. But it would be a terrible mistake to give up so quickly.” —Professor Peter Rosenblum

10 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 news & events

Professor Goldschmid to Deliver Keynote Speech at IFRS Conference Harvey Miller ’59, Charles X. Li ’91, and Annette Nazareth ’81

This fall, Professor Experts Analyze Harvey J. Goldschmid will deliver the keynote address at an International Financial Recent Financial Reporting Standards (IFRS) conference in Boston. More than Reform Legislation 1,000 attorneys, academic scholars, At this year’s Reunion celebration, graduates tax experts, and working in finance discussed the shortfalls of finance executives the Dodd-Frank Wall Street Reform and Consumer are expected to Protection Act. attend. Goldschmid will discuss lessons This June, Reunion 2011 provided an you’ll be able to stop this problem learned from the opportunity for alumni to reminisce of systemic risk by nipping it in the financial crisis about their days at Columbia Law bud,” Miller said. “That requires the regarding regulation School, as well as to participate in will to regulate. And, yet, when you and accounting and attend several conversations look at what happened leading up standards, as well as covering headline-grabbing legal to 2008, you find that there was a whether the Securities topics. Professor John C. Coffee Jr. total lack of will to regulate.” and Exchange moderated an event that brought Nazareth, a partner at Davis Commission will be together expert graduates to discuss Polk in Washington, D.C., able to adopt and the Dodd-Frank Wall Street Reform added that regulators also face adhere to a distinct and Consumer Protection Act. substantial difficulties enforcing set of international The panel discussion included the legislation. “We’re talking standards. Goldschmid former SEC Commissioner [about] very sensitive, prudential serves as a trustee of Annette Nazareth ’81, Hong regulation that’s going to have the IFRS Foundation. • Kong Exchanges and Clearing to take into account that firms Limited CEO Charles X. Li ’91, and vary a lot, [and] have different renowned bankruptcy attorney management structures,” she Harvey Miller ’59. Ultimately, the said. In addition, Nazareth noted, finance professionals concluded companies are going to great that the financial reform act has lengths to escape regulation by failed to eliminate the risk of the Financial Stability Oversight banks becoming “too big to fail.” Council. The council determines Miller, a partner at Weil, Gotshal which firms are large enough & Manges known recently for to pose a systemic risk to the structuring the Lehman Brothers economy and, as a result, must be bankruptcy settlement, explained subject to more strict regulation. that the statute was a total failure “We are essentially coming to by that measure. the conclusion,” Li explained, “that “The concept the statute adopts institutions are still too big to fail, and is that by oversight and regulation Dodd-Frank is too big to work.” •

Watch a video of the panel discussion. view more law.columbia.edu/mag/dodd-frank Professor harvey J. goldschmid

LAW.COLUMBIA.EDU/MAGAZINE 11 news & events

2010–11 philanthropic support totaled Friedmann $34.9 Conference m illion Focuses On the “arab spring”

The Columbia Society of International Kirkland & Ellis Law and the Columbia Journal of Transnational Law Sponsors Legal recently hosted the 37th Annual Wolfgang Friedmann Conference in Writing Program International Law, THE FIRM’S SUPPORT WILL BOLSTER A VITAL LAW SCHOOL which examined the COURSE that prepares FUTURE PROFESSIONALS. wave of revolutions that have swept Kirkland & Ellis has acumen to excel in their Bush, played a pivotal through the Middle East this year. committed to sponsor- legal careers. The five- role in arranging the Titled “Law and ing the first-year writ- year sponsorship builds law firm’s backing for Order in the Middle ing program, an initia- on the Legal Practice the program. East,” the event tive that will further Workshop, the required Columbia Law brought together diplomats, activists, two-semester course School students have strengthen Columbia and scholars who Law School’s already that is a key component consistently garnered examined the nature long tradition of pro- to the professional recognition for their of the uprisings in ducing graduates with preparation provided writing talents and have Egypt, Bahrain, Libya, and Tunisia. Former exceptional legal writ- to first-year students. received annual Burton Senate Majority ing skills. Each fall semester will Foundation awards Leader and former Ilene Strauss, execu- focus on legal writ- commending effective U.S. Special Envoy tive director of Judicial ing, and in the spring legal writing for seven for Middle East Peace George Mitchell was Clerkships & Academic semester, students will consecutive years. named this year’s Counseling, has been learn oral advocacy, In 2007, Columbia Friedmann honoree appointed to administer which includes manda- Law School received for outstanding the program, a post she tory participation in a a special Record of contributions to the field of international will assume in the spring. first-year moot court. Distinction Award from law. Under President The Kirkland & Ellis Jay Lefkowitz ’87, a the foundation for its Bill Clinton, Mitchell Legal Writing Program senior litigation part- students’ consistent helped shepherd the Northern Ireland underscores the Law ner at Kirkland & Ellis use of “plain, clear and peace process.• School’s continuous who held White House concise language” and drive to equip students and State Department avoidance of “archaic, with superior writing posts under George W. stilted legalese.” •

PROFESSOR Hemphill Assesses Antitrust and Litigation ISSUES

Professor C. Scott Hemphill recently examined significant antitrust issues that can arise when civil litigation is settled outside the courtroom. In a lecture during the Law School’s Reunion 2011 celebration, Hemphill, a prominent antitrust expert, cited the Google Books settlement with authors and book publishers, which was rejected by a federal judge who said it could grant Google a “de facto monopoly.” Hemphill also examined the antitrust—and societal—implications that arise when drug makers and George Mitchell and Ana Christa Boksay ’11, former generic brands tussle over patent issues. • columbia journal of transnational law editor in chief

12 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 news & events

Program has trained 90 c hinese judges in U.S. law Chinese Judges Visit

Law School U.S. Supreme Court Hosts Symposium on Prudent Investing

This September, Columbia Law School and the New York State Bar Association’s trusts and estates section sponsored a symposium on how theories that shape prudent investing have changed in light of the financial crisis. Those In July, 30 judges and 15 LL.M. students from China visited the Law School to study participating in U.S. constitutional law, civil procedure, and torts. The trip was part of an LL.M. program, the event included now in its third year, organized by City University of Hong Kong in collaboration with the leading financial National Judges College of China. A highlight for the judges was a visit to the chambers and legal experts. of U.S. Supreme Court Associate Justice Ruth Bader Ginsburg ’59. • The symposium was organized by Marilyn Ordover ’54, of counsel at Cullen U.N. Expert Teaching Course and Dykman, and on Global Hunger issues Adjunct Professor Lawrence Newman, Olivier De Schutter, the U.N.’s special rapporteur on right to food, will along with the teach a new course during the fall semester titled “The Legal and Political Economy of Hunger.” De Schutter, the Samuel Rubin Visiting Professor help of Professor of Law, assumed his U.N. post in 2008 and has traveled widely in Africa, Jeffrey N. Gordon. • Asia, the Middle East, and Latin America to advocate for access to adequate food as a fundamental human right. The problem of global hunger, De Schutter says, is not an issue of supply and demand, but rather is one of poor governance, unaccountable institutions, and indifference to the plights of the rural, disenfranchised poor. •

“Recent calls to ‘modernize’ the disclosure rules for investors who own blocks of shares in large public companies actually implicate much broader corporate governance debates.” —Professor Robert J. Jackson Jr.

LAW.COLUMBIA.EDU/MAGAZINE 13 SeeColumbia Law School students excel outside the classroomAlso: BY JOY Y. WANG Michelle Pham balancing act

Michelle Pham ’12 believes in giving back. This past year, she helped found the Columbia Law School student organization Empowering Women of Color (EWOC). “We wanted to create a greater network of support for women in the legal profession,” says Pham, who served as the social chair for both EWOC and the Latino/a Law Students Association this past year. “Starting from the ground up was very exciting.” Over the summer, Pham dove into the world of corporate law with equal enthusiasm and energy. She divided her time between Latham & Watkins’ San Fran- cisco location and the New York City office of Clifford Chance, where she will work as an associate next year. The California native used the bicoastal opportunity as a means of exploring how a career in corporate law can be supplemented by a hefty serving of pro bono projects that are important to her. At Latham, Pham spent much of her time working on an asylum case involving a domestic violence victim from Mexico. Then, at Clif- ford Chance, she switched gears and managed transactional issues like equipment leases for the East River Development Alliance. In the future, Pham hopes that her position in corporate law will allow her to help institutions meaningfully connect with minority communities. “Human rights issues,” she explains, “don’t need to be removed from the business side of the equation.”

14 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 PHOTOGRAPHED BY DAVID YELLEN Rafael Sakr action oriented

Rafael Sakr ’12 LL.M. under- Sakr promoted change stands the importance of within the University of São change on both the micro Paulo, as well. Dismayed by and macro levels. Grow- a shortage of mentorship ing up in São Paulo, Brazil, opportunities on campus, his mother, a social worker, he founded the school’s first encouraged him to stand up student center for interna- for his ideals. “I don’t wait for tional studies. The organi- someone to tell me what to zation, which was initially do,” he says. “I’m a prag- comprised of 15 members, matic and problem-solving quickly grew to include more person. I try to go and get than 100. what I want.” After two years spent While studying law at the working at the Brazilian stock University of São Paulo, Sakr exchange, Sakr felt called to realized that he could make return to academia, where he a real difference, both in the could further pursue a love larger community and in his for research and teaching. By academic environs. studying capital markets at One of his first endeav- the Law School, he continues ors at the university was to to aim for large-scale change: found a student-run orga- Sakr hopes to foster legal nization focused on public scholarship that will help interest work. “The idea was economists build institutions to engage a specific social more resistant to worldwide problem and try to teach systemic risk. people to use the law in their favor,” Sakr explains. The goal of the group’s initial project was to pre- vent the destruction of an impoverished neighborhood that was built on municipal land. Through legal out- reach and advocacy, the students helped save 70 families’ homes.

LAW.COLUMBIA.EDU/MAGAZINE 15 Greg Beaton inside baseball

Less than two months after Greg Beaton ’13 started working as an analyst at Credit Suisse in 2008, Lehman Brothers filed for bankruptcy. The company’s collapse illustrated the grav- ity and scope of the financial crisis, and Beaton, then a recent graduate of Duke University, watched from a front-row seat as the crisis unfolded. “The experience made me realize how important it is to have professional credibility,” says the New York City native, who was assisting with third-party fundraising for private equity at the time. At Credit Suisse, Beaton worked closely with attorneys who impressed him with their thorough, nuanced understanding of transactions. He quickly recognized the synergy between business and law, and enrolled at Columbia Law School less than two years later. This past summer, Beaton ventured into government service as an intern at the Securities and Exchange Commission. The position provided an immersive, behind-the-scenes look at the SEC’s New York regional enforcement office. “The majority of what the SEC does is not what you read about in the papers,” he explains. “There’s a lot of fraud that goes on, from small-time fraud to complicated stock price–fixing. Securities law is fascinating, and I’ve learned a lot in a small amount of time.” An avid Mets and Jets fan, Beaton also previously served as an intern at Sports Illustrated. The future corporate lawyer asserts that his work as a journalist—even if it was writing about home runs and touchdowns—will come in handy down the line. “Both journalism and law are inherently professions that lend themselves to curious people,” says Beaton. “And writing on deadline is great training for legal work.”

16 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 Maya Ondalikoglu forward progress

This spring, people around Ondalikoglu returns home the world watched while to Turkey about twice a year, uprisings swept through but her immediate future several nations in the Middle is rooted in New York City, East. Maya Ondalikoglu ’12 where she plans to pursue a [Own-DAH-lee-koh-loo] corporate law career. “I like admits that seeing the negotiating, creating value, events unfold from half- and carrying a transaction way around the globe was from point A to point B,” somewhat surreal. After all, Ondalikoglu says. “I really a mere two years earlier, the enjoy seeing the ongoing native of Istanbul, Turkey, process of a bigger picture spent time in Egypt and falling into place.” Libya working for Grameen, a microfinance bank. “Grameen wanted to expand its program, which made it necessary to develop contacts and figure out how the government and banking system worked in those countries,” explains Onda- likoglu, who stayed involved in the project through her first year of law school. By combining that experience with her legal education, she intends to pursue a career in corporate law, with an eventual focus on energy law. This year, Ondalikoglu got a head start on that path while serving as a summer associate at Vinson & Elkins, a firm renowned for its specialization in energy law. The position gave her the chance to negotiate both sides of a deal internally and learn the ins and outs of how deals get done. “It’s been very helpful to experience the teamwork aspect of the process,” she says.

LAW.COLUMBIA.EDU/MAGAZINE 17 setting the bar Columbia Law School Innovations

Clear Purpose professor jagdish bhagwati believes that academic scholarship and real-world impact should go hand in hand

By Amy Feldman

Economists are sometimes accused of devising grand, com- edge to help spur change that has a positive effect on people’s lives. plicated theories that purport to explain the world but then exist He argues that academics must throw themselves into public policy apart from it. Jagdish Bhagwati, University Professor of Economics conversations in order to have an impact on the real world. “The and Law, turns that critique on its head: He believes in the power of economists and the social scientists should not be writing just for economics to affirmatively create a better world. As one of the most each other,” says Bhagwati, who has published more than 200 op-ed widely respected proponents of free trade in America and beyond, articles and has trained students to write financial opinion pieces. “I Bhagwati is bridging the gap between the theories of international do think one of the most important things, even for a scholarly per- trade and the legal frameworks that enable it. son like me, is to work the system to be able to influence policy. And Bhagwati, who turned that’s where I think, partly, my interest in law comes from.” 77 this summer and is For Bhagwati, trade is an important lever for economic equality, also a senior fellow for and law is integral to the discipline. To understand any trade dispute international economics that is settled at the World Trade Organization, he says, one needs at the Council on For- to understand not just economics, but also law. Bhagwati immersed eign Relations, works himself in the legal aspects of trade two decades ago as an economic at a pace that would policy adviser to the director general of the General Agreement on tire many men half his Tariffs and Trade, the precursor to the WTO. “I got my hands dirty, age. He is finishing up a and got interested, and realized how important it was to look at the new book (his fifth since fine print,” Bhagwati says. 2004) on illegal immi- Today, as part of his work at the Law School, Bhagwati teaches two gration, teaching at the courses on WTO law in conjunction with two prominent law profes- Law School, and writing, sors: Petros Mavroidis at the Law School and Merit Janow ’88 at the blogging, and lecturing. School of International and Public Affairs. At the same time, he also In the midst of doing all is branching out. With the nearly 10-year-old Doha round of trade of that, Bhagwati has talks stalled, Bhagwati says he is currently writing more about other been instrumental in important issues, as well. strengthening ties between the Law School and India. Last year, the Most recently, he has redirected focus to his forthcoming book on government of that country funded a new constitutional law chair immigration. The publication will come at the controversial issue named after Dr. Bhimrao Ramji Ambedkar (a renowned Indian from an economist’s perspective and argues that states should be lawyer, politician, and civil rights activist who studied at Colum- allowed to take the lead in creating immigration laws, setting up a bia) and two fellowships in Bhagwati’s name. He speaks with great natural competition among states for workers. This concept would pride of those gifts, the connections they will foster, and how Colum- allow pro-immigration “good states” to attract and retain more labor, bia has shaped the lives of so many from the country of his birth. and cause the anti-immigration “bad states,” like Arizona, to lose out “Dr. Ambedkar was the father of the Indian constitution,” Bhagwati in the market competition for workers. Says Bhagwati: “It’s a little says. “He was an untouchable, and in his memoirs he writes that, at book, but a big message.” Columbia, it was the first time he had experienced social equality.” Mid-summer, in his sun-filled corner office, Bhagwati speaks most Amy Feldman has written for Reuters, as well as The New York animatedly about the importance of using his expertise and knowl- Times and Time, among other publications.

18 COLUMBIA LAW SCHOOL MAGAZINe Fall 2011 illustration by creative archetype faculty focus Federalism

Charting Change professor gillian e. metzger ’95 examines how federalism issues can impact the success of high-stakes legislation

B y Mary johnson

Professor Gillian E. Metzger ’95 to produce the upcoming 11th edition of Gellhorn embodies the role of a heady academic. Widely and Byse’s Administrative Law casebook, a task known as one of the top young scholars that came with some unexpected perks. specializing in constitutional law, she publishes “[Working on the casebook was] quite good extensively, speaks at myriad conferences, and for teaching,” she says, “because you really have crafts engaging lectures. Both in the hushed offices to think about the material you cover and learn of Jerome Greene Hall, as well as in classrooms it in a different way.” lively with student discussion, Metzger seems right Teaching is a particularly important pursuit at home. But she also has a keen eye focused on for the Columbia Law School alumna. As a stu- issues well beyond the borders of Morningside dent, Metzger gravitated to the field of public Heights, and her work examining controversial, law—a nascent interest fueled by Professor of-the-moment issues being debated in Washing- Henry Paul Monaghan, who, she says, continues ton, D.C., has drawn a notable amount of attention. to challenge her legal acumen. Metzger’s most recent law review article, “He’s one of the rare and true mentors in “Federalism Under Obama,” analyzes several academia,” Metzger says, pausing momentarily mainstays of the president’s domestic policy initia- in an ultimately unsuccessful attempt to quan- tives, including the Affordable Care Act and the Dodd-Frank Wall tify Monaghan’s contributions to her work. “I don’t know how Street Reform and Consumer Protection Act. Those two seemingly many drafts of my articles he reads.” divergent laws share an element of administrative law that caught Metzger, predictably, also holds her own as a mentor to her Metzger’s interest: Both sweeping federal measures left a great deal students. “The material I teach tends to be dense and difficult,” she of implementation and enforcement responsibility to the states. admits. “Seeing students understand how the pieces fit together is “These are federal measures, but a key is that they are federal mea- really gratifying.” This fall, Metzger will draw from her experience as sures in the service of progressive policy,” explains Metzger. “There was a both student and teacher when she begins serving as the Law School’s lesson learned under the Bush administration that states and localities vice dean for intellectual life. It is a new and exciting challenge for can be good mechanisms for progressive policy implementation.” her, and she welcomes the chance to foster faculty-student interactions. Metzger’s article, which will appear in the November 2011 issue Whether organizing a faculty lunch series as vice dean, writing of William and Mary Law Review, follows on the heels of numerous an amicus brief, or participating in a panel discussion, Metzger is well-received scholarly works, including articles on federalism always searching for the next important issue destined to shape the published in the January 2011 and March 2010 issues of the legal areas in which she specializes. Columbia Law Review. And those pieces represent only a portion of “One of the great things about what I teach is that the fields are Metzger’s extensive work on administrative and constitutional law. constantly developing,” she says. “The one thing I don’t run out of This summer, she joined her Law School colleague and mentor are new issues to get intrigued by and to study, whether in the form Peter Strauss, along with co-authors Todd Rakoff and Cynthia Farina, of an article, book, or through practical governance projects.”

Metzger’s work examining of-the-moment issues being debated in Washington, d.c., has drawn a notable amount of attention.

illustration by imagezoo LAW.COLUMBIA.EDU/MAGAZINE 19 profiles in scholarship Kathryn Judge

Capital Ideas the latest addition to the law school’s faculty, professor kathryn judge, aims to master the complexities of capital markets

by joy y. wang

Professor Kathryn Judge is accustomed role models and a familiarity with academia. to standing out from the crowd. This sum- Her father was a university-level academic mer, the capital markets expert attended the administrator, and her mother graduated from annual meeting of the American Securitization Harvard Law School. Forum to help supplement her understanding While Judge says there was never pressure of the economy’s inner workings. Upon arriv- to follow in her parents’ footsteps, she does ing, she soon realized that her credentials were credit one fateful weekend in Cambridge, unique among the event’s participants. “There Mass., as being the catalyst for her decision were representatives from banks, the SEC, and to attend law school. Lured solely on the the FDIC, but I was the only academic in the promise of a fun outing, Judge went with her room,” she explains. mother to an event that celebrated women in Judge, who joined the Columbia Law School law. “There was something about the way the faculty this fall, is unfazed at the thought of infil- women were engaged and how they talked trating the ranks of bankers and stockbrokers to about issues that really spoke to me,” she says. bring a new perspective to capital markets schol- “It was very dynamic, and I thought, ‘I can arship. After all, she has firsthand experience do this.’” with the fast-paced world of finance. “I was effectively a stockbroker at That realization led to Stanford Law School and, eventually, Merrill Lynch,” says Judge, who worked in the company’s Seattle prestigious clerkships with Judge Richard A. Posner of the U.S. office before entering law school. Court of Appeals for the 7th Circuit, and U.S. Supreme Court Asso- Judge—petite, polite, and a certified yoga instructor—is a far cry ciate Justice Stephen G. Breyer. from the stereotypical aggressive, in-your-face stockbroker, and Throughout her professional career, Judge has continued to that is OK with her. She maintains a matter-of-fact attitude about pursue an interest in capital markets, she says, because the standing out in a traditionally male-dominated industry. discipline is grounded in real-world problem solving. “Everyone “Over the decade I’ve been in this field, it has not been uncommon benefits if the economy works well,” Judge notes. She looks for- to be one of a small percentage of women studying capital ward to developing her scholarly voice during the course of the markets,” says Judge. “I’ve found that if you’re willing to contribute, new semester, and she has an article due out in the Stanford Law there are people who are willing to listen.” Review in early 2012 that examines systemic risk and the securi- She recently attended a three- Judge enjoys studying capital markets because the discipline day training session with Moody’s is based around notions of real-world problem solving. to learn how the company monitors banks and to better understand the tools banks tization of home loans. Judge also views teaching as an opportu- use to assess the credit risks to which other banks are exposed. nity to serve as a mentor to students and, in particular, women. “I went to law school open to the idea of working in academia but “I want to see more women in this field and more women talking was mainly always interested in how things work,” Judge notes. A about these issues,” she says. “The room for new thinking in this native of Ann Arbor, Mich., she grew up in a household with strong area is among the greatest in academia right now.”

20 COLUMBIA LAW SCHOOL MAGAZINe Fall 2011 illustration by stephen gardner

Drawing the lines By Adam Liptak

Professor Nathaniel Persily’s Nathaniel Persily, the Charles Keller Beekman Professor of Law and Professor of Political Science, and one of the nation’s lead- new course on redistricting ing authorities on election law, has bridged the sometimes yawning gap between theory and practice. Just ask the Supreme Court. endeavors to train students in The justices have cited Persily’s work five times. Sometimes they the complicated, nuanced, looked to him for scholarly insight. Sometimes they considered his position as an advocate who files amicus briefs in the Court. And and exceedingly complex sometimes they just wanted practical information about how the task practice of drawing nonpartisan of applying law to regulate democracy actually works on the ground. Persily, who has written dozens of deep and trenchant articles congressional district lines. and been appointed by courts to draw district lines in Georgia, Maryland, and New York, asserts that his unusual background has The result: helped him work in several worlds at once. “My interests in redistricting began as a political scientist, were supplemented by my training and experience as a legal academic, and then became useful to me as a practitioner,” he says. a group of highly skilled Now he has brought that array of experiences to an innovative experts specializing in Law School course, Redistricting and Gerrymandering, that has already produced a considerable impact in the real world of redis- doing one of the more tricting. Using the latest census data, members of Persily’s inaugu- difficult things you could ral class, over the course of just three months, drew a nonpartisan district map for the entire United States House of Representatives. ever imagine. The plans are available at DrawCongress.org.

I llustration by justin renteria LAW.COLUMBIA.EDU/MAGAZINE 23 “Only after you pull your hair out in frustration as a result of trying to draw the perfect plan do you appreciate the balancing of values that inevitably plagues the redistricting process.” —Professor Nathaniel Persily

“Perhaps my greatest frustration with the scholarship in redis- “The Columbia faculty is distinctive in our ability to navigate easily tricting law,” Persily says, “is the detachment of the theory from the between worlds of high theory and the law on the ground,” he says. practice. Before making arguments about the ‘right’ way to redistrict, “Many of us are actively engaged in policy debates in our field or in theorists can learn a lot by spending time in front of a computer actual cases representing clients. I think we try, in particular, to give drawing a redistricting plan for a state—trying to balance the myriad students a flavor for real-world lawyering in our fields.” factors required by the law, politics, demography, and geography for After mastering the technology, the students prepared maps that a jurisdiction. Only after you pull your hair out in frustration as a fell into one of five categories. Some tried to hew as closely as possible result of trying to draw the perfect plan do you appreciate the balanc- to current district lines, others to draw compact districts based on ing of values that inevitably plagues the redistricting process.” political subdivisions. Still others tried to maximize political competition or to achieve proportional representation by producing dis- There is a passage in Justice Stephen G. Breyer’s 2004 districts that reflected the state’s partisan divisions. A final, ambitious sent in Vieth v. Jubelirer that illustrates how theory and practice can group tried to harmonize two or more of these principles. diverge when it comes to redistricting. Breyer was explaining why Now layer on top of those often conflicting goals the legal require- electoral districts drawn by self-interested incumbent politicians—a ments imposed by the Voting Rights Act of 1965 and Supreme Court distinctively American practice—are not always a bad thing. “Politi- precedent on one person, one vote. It can make solving a Rubik’s cians, unlike nonpartisan observers,” Breyer wrote, “normally under- Cube seem easy. stand how the location and shape of districts determine the political Consider the number of factors that Neal Ubriani ’12 took account complexion of the area. It is precisely because politicians are best of in drawing a new map for Pennsylvania, which is losing a congres- able to predict the effects of boundary changes that the districts they sional district even as its minority population is growing. design usually make some political sense.” Ubriani decided to start from the ground up. “My plan sought to Then Justice Breyer provided a supporting example drawn from avoid the tarnished legacy of the current lines,” he wrote in a 50-page a Harvard Law Review article by Professor Nathaniel Persily called, paper. “A partisan gerrymander is a poor starting point for a non- fittingly, “In Defense of Foxes Guarding Henhouses.” In the piece, partisan plan.” Persily wrote that he had been appointed by a New York court to Instead, he wrote of his “good government” plan, he would focus draw congressional districts for the state, and his plan moved an on “communities of interest” based on recognized regions of the uninhabited swamp in Queens from one district to another. state, like the Scranton metropolitan area. At the time, the decision did not seem to be of great import, as But defining such communities was sometimes hard, often there were no voters in the swamp. Plus, there was a good reason for required judgment calls, and had to be balanced against other con- the adjustment. cerns. “At times,” he wrote, “regions needed to be split in the interest “We took Jamaica Bay out of one representative’s district and gave of other overarching concerns—population equality, compactness it to another,” Persily says. “We did this because otherwise the other and compliance with the Voting Rights Act.” district would only be contiguous at low tide.” Ubriani explained, for instance, why he had created a district that But the affected representative, Anthony D. Weiner—who arced diagonally across the state, testing the requirement of com- resigned from Congress in June—protested. His basic complaint, pactness. “This strangely shaped district,” he wrote, “was necessary Persily says, was this: “Give me back my swamp. No one lives there, to keep the state’s Appalachian Mountain region together.” but I have ongoing environmental projects there that I would like The courts are quite strict in requiring population equality among to continue to supervise.” districts, meaning that Pennsylvania’s population of 12,702,379, In the redistricting course, students confront countless conflicts according to the 2010 census, had to be evenly divided across 18 like that one, and they learned to take account of the vagaries of districts. “In my plan,” Ubriani wrote, “13 districts have a population geography, history, politics, culture—and law. The 20 students in the of 705,688 and the remaining five have a population of 705,687,” class, which Persily launched this past spring, participated in three meaning it came “as close to perfect population equality as possible.” days of intensive training on redistricting technol- Ubriani, who spent the summer after the class ogy before the semester began, learning to use the doing redistricting work for the NAACP Legal Caliper Corporation’s Maptitude for Redistricting Defense and Educational Fund, also complied with software. The company offered licenses to the Law Section 2 of the Voting Rights Act, which is violated School at a reduced rate. go beyond if minority communities “have less opportunity than Browse examples of students’ The class, Persily says, signals something impor- redistricting maps. other members of the electorate” to “elect represen- tant about Columbia’s approach to legal education. DrawCongress.org tatives of their choice.” About 6 percent of the state’s

24 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 population is Hispanic, but he concluded that they were too dispersed hundreds of hours learning to make up the majority of a plausible district. African-Americans in the mapping software, deal- Pennsylvania, meanwhile, are more concentrated, with many living ing with various technical dif- web exclusive in and near Philadelphia. Ubriani drew one district in which African- ficulties, reviewing the laws Read Professor Persily’s work on redistricting. Americans were a majority and another in which they were a plurality. surrounding redistricting and law.columbia.edu/mag/ Persily pushes his students to test their intuitions and biases, and gerrymandering, familiarizing persily-redistricting he shares his own experiences in the field. myself with the demographic, “Students love war stories,” he says, “especially those that involve political, and geographic features of the states I mapped, and then partisan intrigue and the raw ugliness of politics brought out in redis- actually drawing and re-drawing the maps themselves,” she says. tricting fights. Redistricting brings out the worst in politicians, as Kathleen Vermazen ’11, who was one of the students Persily brought they fight for their political futures or use their line-drawing power to Washington, D.C., to train state legislators on redistricting, added to exact revenge on political opponents.” that the class showed her just how difficult the task of redistricting is, Students in the inaugural class said they were energized by it. even when partisan politics are not part of the equation. It was, says Shawn Crowley ’11, “definitely the coolest thing I did in “I found that, once you get past the simple numbers for draw- law school, and probably that which I worked the hardest on.” ing districts, the number of considerations that go into a redistrict- The course was also, she added, quite intense. “I spent literally ing plan is nearly endless,” she says. “The location of roads, rivers, crop and weather patterns—all can play a part in drawing districts that reflect the political and social reality on the ground in any given state.” Matthew Galeotti ’11 says the class helped him understand that redistricting “probably carries more influence than any debate, ad campaign, or even substantive platform can.” Indeed, he adds, “We weren’t far into the course when I realized that elections are decided just as much by who draws the lines as they are by the voters, if not more.” Persily says the quality of the work that emerged from the course was exceptional. “The class was more successful than I ever could have hoped,” he says. “I would personally trust any of these students to assist any jurisdiction, court, or litigant in crafting redistricting plans. Indeed, some of the students are now better than I am at some aspects of the technology.”

Professor Nathaniel Persily The upshot of Professor Persily’s redistricting project is a library of off-the-shelf, ready- to-use congressional redistricting maps, which In the Classroom are also available as a sort of benchmark against which to judge plans that are the products of raw politics. T his year, as state legislatures take on the often- “By creating a repository for nonpartisan redistricting plans,” controversial task of voter redistricting, they will have a Persily says, “I thought we might be able to affect the debate this new resource at hand: a database of already drawn and redistricting cycle.” readily available redistricting maps. Students in Professor The reaction has been enthusiastic. The St. Louis Post-Dispatch, Nathaniel Persily’s Redistricting and Gerrymandering for instance, had a look at three maps produced by the class and con- course researched and created the maps for all 50 states cluded that “[E]ach is head-and-shoulders better that the county- using five different principles: “LeastChange” adheres splitting gerrymandered boundaries drawn by state lawmakers.” closely to existing congressional districts, “GooGoo” is Going forward, Persily has big plans for the class. based on a good government plan, “MaxCom” creates “Most of the [maps] now up on the website intentionally eschewed as many competitive districts as possible, and “PR” political considerations,” he says. “The next group of plans will pro- uses the concept of proportional representation. Finally, mote political competition and ‘fair’ representation.” “Portfolio” is a combination of, or variation on, the Having already cited his articles, advocacy, and anecdotes, it seems previous four methods. only a matter of time before the Supreme Court considers Persily’s There are potentially huge practical benefits to the newest contribution to the debate over the intersection of law and students’ work. “When courts call in experts to redraw democracy—and of high theory versus gritty practice. maps, it can get very expensive,” Persily says. “If we have these maps already drawn on the web, it can save states adam liptak is the Supreme Court correspondent for The New millions of dollars.” York Times.

p hotographed by Alan Orling LAW.COLUMBIA.EDU/MAGAZINE 25 Family

A s U.S. Attorney for the Southern District of New York, Preet Bharara ’93 has ascended to one of the most important and prestigious legal positions in the nation. Meanwhile, his entrepreneurial whiz kid brother, Vinit, who followed By Carrie Johnson Preet in the Law School Class of 1996 and co-founded the wildly successful website Diapers.com, is garnering plaudits from far and wide for his business acumen.

26 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 photographed by peter freed Vinit Bharara ’96 (opposite page) and Preet Bharara ’93 (left) say their father instilled in them the importance of academics and public service from an early age.

the product of a remarkable family. They rep- States, where the Bhararas settled for good resent the only children of a Hindu mom and in Monmouth County, N.J. Jagdish built a a Sikh dad who came together in an arranged thriving pediatric medical practice while his marriage in India more than four decades wife stayed at home to raise their two sons. arlier this year, after five ago. Preet and Vinit’s parents, as children, Preet Bharara nodded to his father’s lin- Emonths of waiting for approval from federal had both been displaced by conflict after the gering influence in the family on the October antitrust regulators, Vinit Bharara ’96 sold British withdrew from the country in 1947. 2009 day he was sworn in as U.S. Attorney. the online diapers business he co-founded to Rather than treating those circumstances “Given the sacrifices he has made, the exam- Amazon.com for $540 million in cash. as a distraction, Jagdish Bharara, Preet and ple he has set, and the life he has led, he will It was, he says, one of the most memora- Vinit’s father, buried his nose in schoolbooks. never be more proud of me than I am of him,” ble days of his life, and no one was prouder He became the first member of his family to Bharara told the numerous federal judges of Vinit—who is known to friends and attend college. Then, following his marriage and New York City dignitaries in attendance. family as “Vinnie”—than his big brother, and the birth of Preet, Jagdish made the dif- Fast forward a couple of years. On a warm Preet Bharara ’93, the U.S. Attorney for the ficult decision to leave India—and, tempo- spring night in April, Preet has traveled to Southern District of New York. rarily, his young family—to start his medical Washington, D.C., to address Columbia The Bharara brothers, who rose to the top residency in England. After reuniting in the Law School alumni gathered at a restaurant of their respective fields by their early 40s, are early 1970s, the family moved to the United near Georgetown’s harbor.

LAW.COLUMBIA.EDU/MAGAZINE 27 sk the Bharara brothers what motivates them to achieve, and they Awill point you to their 72-year-old Diapers.com, the father, Jagdish Bharara, who instilled the online business importance of academics and public service every night at the dinner table. Vinit co-founded “[He was a] very stern disciplinarian; edu- in 2005, sold more cation was everything,” Vinit confirms. “School, studying, grades—it was ultra-competitive.” than 200 million Characteristically, Preet met the chal- diapers to 550,000 lenge directly. During his younger days, he customers last excelled on the forensics team as a natural devil’s advocate. He adopted the role of a year alone. lawyer in a campus production of Barefoot Amazon.com in the Park, the Neil Simon comedy about a starchy young attorney charting his new bought the marriage to a spitfire wife played by class- company earlier mate Jessica Goldsmith Barzilay, who has this year. maintained friendships with the brothers. Back in the old days, Barzilay recalls, “Preet would always talk about wanting to make a difference. ‘I have to make an impact,’ he would say.” Vinnie spent a lot of those years thinking about “something that would excite him, another puzzle to solve,” she adds. The first big challenge Preet and Vinnie faced as youngsters involved trying to avoid a career in medicine, since the Bhararas, like many high-achieving Asian parents at the time, had decreed their sons would be doctors. Ultimately, in a rare case of domestic resistance, Preet simply said no. “I declared pretty early on I didn’t want to be a doctor,” he recalls. “In seventh grade, I read On this evening, as white lights sparkle in whose pockets Vinnie used to hide “piles and Inherit the Wind, which was phenomenal.” the leafy tree behind him, Preet has another piles of lima beans” from their unsuspecting Preet soon came to idolize the defense attor- story to tell about Bharara family pride. But mother so he would not have to eat them ney portrayed in the play, Clarence Darrow, this one involves his mom and his kid brother. at dinnertime. But Preet ultimately reveals for his incisive, skillful witness examinations “It was not until the day my brother’s deal that his brother was a good kid growing up. and his quest for justice. (Preet still watches was announced for over half a billion dollars,” “Vinnie was very, very well behaved . . . in the DVD of Inherit the Wind every so often, he told the crowd, “[that] my mom called the upper echelon of good behavior,” Preet but only the version with Spencer Tracy.) up [CNN medical correspondent] Sanjay declares. “The problem was, I was even “I figured if you are going to become a Gupta’s mom and said, ‘Eat your heart out.’” more well-behaved.” lawyer, you want to become the kind that Humor is a virtue, it seems, for all of Their oldest friends describe the Bharara argues in court,” he says. Preet recalls the the Bhararas. household as a warm and welcoming place inspiration he gained from a course in trial Back in New York City, the two brothers where a funny, outgoing mother fussed over practice taught at the Law School by then dis- have gathered to talk about their careers in visitors and insisted on fixing guests some- trict court judge and eventual attorney gen- a sunny eighth-floor space at the U.S. Attor- thing to eat regardless of whether they were eral Michael B. Mukasey. “He held you to an ney’s Office for the Southern District of New hungry. The brothers became each other’s incredibly high standard,” Preet says, adding York, where Preet has Bruce Springsteen closest adviser as teenagers, a pattern that that Mukasey provided a practitioner’s view songs playing in an endless loop. He takes a continues to this day. of preparing opening and closing statements. moment to needle his kid brother about his “Preet taught Vin a lot growing up that Just as Preet was graduating, his younger choice of clothing—specifically, his jeans. carried through,” says Lax Chandra, who brother arrived at the Law School. After tak- “You couldn’t find something else to wear?” met the Bharara brothers as a kid. “I think ing some constitutional law classes in col- Preet asks, before concluding the jeans Vin would say one of his biggest influences, lege, Vinit found that he thoroughly enjoyed were probably far pricier than the no-name if not his biggest influence, was his brother. the process of examining arguments and denim pants they wore as children, and in Preet set a really high standard.” searching for gaps in logic. It didn’t take

28 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 long to convince his parents that law school, “I said, ‘Knock yourself out with that,’” not medical school, should be his next step. Preet told the audience. But he knew better But Vinit was also a sports nut. During than to bet against the success of his brother. family meals, while Jagdish sat at the head Diapers.com went on to sell more than web exclusive of the table debating the death penalty or 200 million diapers last year alone, with Read media coverage of Preet and Vinit Bharara. discussing current events with his sons, 550,000 customers. law.columbia.edu/mag/ Vinit’s attention often drifted. “I was look- Last year, in a switch of familial dynamics, bhararas ing at the box scores, following the Yankees,” Preet visited the Diapers.com headquarters he recalls. for some advice. The prosecutor, who oversees But aside from that, his future appears to It was no surprise when, following law more than 200 people, wanted to learn more be limitless. school, his initial plunge into the world of about how the company manages its employ- Meanwhile, Vinit, who rarely follows a business involved baseball. Back during the ees. Though it may have gone unspoken, the straight line in his career, is not about to start heady Internet boom days of 2000, he and experience meant the world to Vinit. “I know now. For the time being, he is serving as Dia- longtime friend Marc Lore talked regularly Vinnie really looks up to his older brother,” pers.com’s top lawyer, but he is in the process about potential business ideas that could says Lore. “He’s learned a lot from Preet.” of passing that baton to another employee. incorporate their mutual interest in sports. His next big idea is anybody’s guess. Vinit “We pushed each other,” Lore recalls. he Bharara brothers have a says he likes thinking about the Constitution “It was the heyday of the Internet, and we long way to go in their careers. But and that public service is important to him, [liked the idea of] being your own boss.” tPreet is already working at his self- just as it is to the rest of the Bharara family. After lots of conversation, the pair founded described dream job, one that he refers So do not be surprised if another Bharara and successfully launched ThePit.com, a to as “the honor of my life.” He has played winds up in government someday. And this kind of stock exchange for trading cards that down speculation about political ambitions, one, born in the U.S.A., actually could be a allowed fans to buy and sell the rights to cards which have proved irresistible to some of his contender for the nation’s highest office. bearing images of professional athletes. The predecessors as U.S. Attorney. Preet is quick value of the cards went up or down based to point out to audiences that as a natural- Carrie Johnson covers the U.S. Justice on how the athletes were playing. Topps, the ized U.S. citizen, he cannot be president. Department for NPR. sports card company, bought the website after just a year, in 2001, and Vinit began working as an attorney at Topps. He became the company’s general counsel a few years later. Vinit says his legal background has been Last year, instrumental to his business success. “As a in a switch of lawyer, I bring certain types of skills to a business,” he says. “Lawyers can connect concepts familial dynamics, together and tell narratives. [In business,] Preet visited the you need to connect everything together and see what it sounds like, whether it makes headquarters of sense. That’s what you get trained for. I think Diapers.com for lawyers can do that better than most.” some advice. In 2005, Vinit put that training to the test with a new business venture. He again linked up with Lore, this time to start Diapers.com. Now more experienced, the entrepreneurs did painstaking research and identified new parents as a market segment where, if companies built up trust, the business relation- ship could extend for years. By this time, Preet had tried numerous cases in New York as a federal prosecutor and moved to Washington, D.C., to serve as the top legal adviser to Senator Chuck Schumer. At his speech in Washington this spring, Preet recalled the day his brother told him about the new company . . . selling diapers. “Like door to door?” Preet responded. “‘No, on the Internet,” Vinit shot back. “Marc and I are thinking about launching a diapers website and quitting our jobs.”

LAW.COLUMBIA.EDU/MAGAZINE 29 President Barack Obama meets with advisers, including Professor Trevor W. Morrison ’98 (third from left), in the Oval Office on October 22, 2009.

30 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 Outstanding Service e e e Columbia Law School professors are making an impact at the highest and most critical levels of federal, state, and local government. Back in Morningside Heights, students and colleagues reap the benefits of this real-world experience.

By Alexander Zaitchik

“

o tradition of our profession More than three-quarters of a century after Stone’s Nis more cherished by lawyers than that of its leader- remarks, the Columbia Law School faculty stands as ship in public affairs,” Harlan Fiske Stone, Class of a paramount example of the substantial benefits that 1898, said in an address delivered in the spring of accrue when attorneys engage in service. For scores of 1934. Stone, of course, is known as a teacher, scholar, faculty members, government experience has sharp- and Law School dean, but it is his public service posi- ened skills that aid in teaching and scholarship. “In tion at the U.S. Supreme Court that many remem- the first three months of trying to implement an idea ber first. “The great figures of the law,” he continued, as policy, you learn more than you did in the entire “stir the imagination and inspire our reverence . . . as design phase,” says Professor James S. Liebman, who they have used their special training and gifts for the recently finished a multiyear assignment overseeing advancement of the public interest.” reforms in New York City public schools.

Off iCIAL White House Photograph by Pete Souza LAW.COLUMBIA.EDU/MAGAZINE 31 But the markets had failed, and just like the rest of the country, Jackson saw the need for government intervention. “I was motivated in part by a sense of civic responsibility,” he says. “It was a rare moment for a corporate lawyer to serve his government, and for an academic to have a serious impact on real-world rules. In academia, we talk about important ideas, but making them work in practice is a different exercise. At Treasury, we took e e e theories on incentives that were floating out there in the ether and he Law School has long attracted and val- boiled them down to actual decisions. Our work influences how I ued scholars adept at both the design and the implementation of think about corporate governance today.” Tlegal ideas. The current faculty roster embodies this tradition of His time in government, says Jackson, also gave him a better public engagement and is robust with professors experienced at appreciation for parsimony applying legal theories and principles inside the frictional, complex when it comes to law and machinery of American democracy. These scholars working on the writing of rules. “Mak- behalf of the public good have acted as advisers and counsels to ing rules that were going to myriad government bodies—from the New York City mayor’s office be presented to the public to the U.S. Department of Defense. made me rethink the costs The most recent graduation ceremony held at the Law School shone and benefits of complexity in a spotlight on this Columbia tradition when George W. Madison ’80, regulation,” he says. “There general counsel to the Treasury Department, delivered the keynote were many good ideas from address. He was preceded on that May afternoon by Professor the academy that were intel- Trevor W. Morrison ’98, who spent 2009 serving in the White lectually sound, but too com- House as special assistant and associate counsel to the president. plicated to make work in a “There is no higher calling for an attorney than to act on behalf of, government office. I learned and in pursuit of, the public interest,” Morrison told graduates after that there is enormous ben- receiving the Willis L.M. Reese Prize for Excellence in Teaching. efit in clarity and analytical “To function effectively and fairly [as] an institution of laws and simplicity. People reading not of men, government requires lawyers. Good lawyers.” [academic] papers want to Good lawyers, Morrison did not need to add, like many of his dive into complex ideas, and faculty colleagues and former students. today I have the luxury as an academic to write those for Professor Robert J. Jackson Jr., an expert in corporate gover- papers. But when you want nance who joined the Law School faculty last year, the opportunity for to move policy, you have to public service came at a historic moment. The Obama administration balance simplicity with intel- was in the process of responding to the financial crisis, and the Treasury lectual completeness.” Department sought counsel on the issue of executive compensation Working to create ideas at bailed-out firms. Jackson, who attended business school before law that are effective in the world school, was tapped in 2009 to advise the government’s new “pay czar” as it exists can have a clarify- and current Law School Lecturer-in-Law Kenneth R. Feinberg. Soon, ing effect on personal values, Above: At the State Department, he was helping decide compensation limits at major companies like as well as on textbook tenets Professor Sarah H. Cleveland analyzed AIG, Citigroup, and General Motors. Even today, he seems a little sur- previously taken for granted. policy on Afghanistan, Pakistan, and prised at this particular turn in his career. This is the opinion arrived at Libya with top government officials. Right: Professor Matthew Waxman “I’m a Wharton M.B.A.; I believe in markets,” says Jackson. “I by Professor Tim Wu, who (at left) worked in the George W. Bush never expected to be setting pay limits on the private sector from a has spent the past year work- administration prior to joining the government office.” ing as a senior adviser to the Law School faculty.

“ I was motivated in part by a sense of civic responsibility. It was a rare moment for a corporate lawyer to serve his government, and for an academic to have a serious impact on real- world rules.” —Professor robert j. jackson jr.

32 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 photographed by Eileen Barroso Federal Trade Commission. Long before accepting that position, Wu When you think about where had wanted to spend time in public service. “I’ve always thought it’s the rubber meets the road in healthy to work on things you believe in, and the FTC’s basic mission of terms of influencing the world web exclusive protecting consumers is very easy to get behind,” he says. around us, one has to make R eview a full list of faculty with ideas that are appealing to us public service experience. Wu’s experience with the FTC has helped him test, reframe, and law.columbia.edu/mag/ adjust his approach to regulatory issues. “As an academic, it’s important in the halls of Columbia Law fac-govt to gain exposure to the world outside our walls,” he says. “You can’t have School appealing in the halls of good theory unless you have good data. While my primary duty is to Congress. That’s the analytical challenge into which government try to help the agency and the public, being inside government is also a experience provides insight.” rich opportunity for what a scientist would consider primary research.” That research has resulted in more nuanced ideas about how agen- whereas some professors enter government after years in aca- cies and industry interact, and it has impacted Wu’s understanding demia—and test how their carefully constructed ideas play in the real about how government should relate to the private sector. “I used to world—others go in the opposite direction and find themselves attempt- be more of a fan of rulemaking,” he says. “But watching the FTC pro- ing to give theoretical shape to years of accumulated government experi- ceed through an adjudicatory process, I’ve come to think it maintains ence. This was the case for ProfessorMatthew Waxman when he joined a healthier distance between the government lawyers and industry.” the faculty in 2007 after six years spent in the federal government’s national security establishment. An expert in national security law and international law, Waxman worked as a RAND defense analyst before attending law school in the late 1990s. Following a clerkship with U.S. Supreme Court Associ- ate Justice David Souter, he signed on as an aide to National Security Advisor Condoleezza Rice. In 2003, Waxman moved to the Pentagon to work on Iraq reconstruction issues. When revelations arose of abuse at Abu Ghraib prison, he became deputy assistant secretary of defense for detainee affairs. And when he left Washington, D.C., to join the Law School faculty, he was working as deputy director of the secretary of state’s policy planning staff. Despite his circuitous route, Waxman always suspected he was destined for academia. The son of a neuroscience professor, he grew up on university cam- puses and has always enjoyed theory. But he says his years in government were crucial to his current work. “It’s difficult to understand national security law Wu returns to the Law School full time next semester. He does not without understanding how institutions operate, or, for example, consider public service work as a “break” from academic work. Rather, how policy officials within the executive branch interact with Con- it is a crucial complement and boost to it. “In academia, for meaningful gress,” he says. “It’s very difficult to get a firm grasp on the neces- output, you need meaningful input,” he says. “Academia is a theory- sary details without spending some time within that machinery rich environment but somewhat fact-poor—so we gain a lot from close and seeing it up close.” observation and exposure to facts. For a law professor, working in gov- Waxman isn’t the only current faculty member with high-level experi- ernment is the equivalent of getting out into the field, not unlike an ence in the foreign policy establishment. Professor Sarah H. Cleveland anthropologist studying tribal behavior. Plus, it’s a lot of fun.” recently completed a two-year appointment as the counselor on inter- Jackson, a year off his stint at the Treasury Department, sees national law at the State Department, where she worked closely with government work in a similar light. the State Department’s top lawyer, Harold Hongju Koh, supervised “It’s absolutely critical to understanding how our work relates to the department’s law of war office, and served as a liaison to the White the real world,” he says. “If the goal of an academic is to move the House, and the Justice and Defense departments. After participating debate on issues they care about, public service is indispensable. in high-level debates concerning everything from legal policy toward

photograph courtesy of the George W. Bush Presidential Library LAW.COLUMBIA.EDU/MAGAZINE 33 “My scholarship is very theoretical, but my perspective is informed by experience at the local level. Working in government gives you a pragmatic sensibility, a lawyer’s intuition.” —Professor Abbe r. gluck

Afghanistan and Pakistan to the military action in Libya, Cleveland work at the state and city levels. “I found the issues at the state and has come to a similar conclusion as Waxman: There is no substitute for local level more engaging,” she says. “As a young lawyer, you have Washington experience. more chance to effect change, and things move more quickly.” “You can’t possibly understand how the U.S. government functions Gluck, who writes mainly about statutory interpretation, civil and how decisions are made without having worked in government,” procedure, and federalism, credits her experience in government says the international law expert. “Just as clerking in a court gives you with improving the caliber and value of her academic work. “I insight into the thinking process of the judiciary, public service helps spend my time thinking about the role of local and state actors you understand why things do or don’t happen in government, which in national issues, and I would never have the perspective that I is an extremely complex, organic entity.” In her time at the State Department, Cleveland says she developed a more nuanced understanding of, and appreciation for, the balance of power as designed by framers of the U.S. Consti- tution over foreign relations, and how that balance affects the implementation of law and policies. “I certainly did not adequately appreciate the importance of Congress before I [began working] in the government,” says Cleveland. “I’ve been able to participate in all of the conversations around the action in Libya, and, as a result, have a better understanding of the role that the War Powers Resolution—which I’ve taught for 12 years—plays in the conversation between the president and Congress.”

not all Law School professors who have served in government gained their experience exclusively at the federal level. Abbe R. Gluck, for instance, joined the faculty after a raft of high-level positions in the city and state governments of New York and New Jersey. Most recently, she served in the administration of New Jersey Governor Jon Corzine as have had I not worked in state and local government,” she says. special counsel and senior advisor to the New Jersey attorney “My scholarship is very theoretical—how statutory interpretation general. Previously, she served in the administration of Mayor doctrine has to change to accommodate the role states play in fed- Michael R. Bloomberg as chief of staff and counsel to the deputy eral law—but my perspective is informed by experience at the local mayor for health and human services. level. Working in government gives you a pragmatic sensibility, Prior to law school, Gluck worked for U.S. Senator Paul Sar- a lawyer’s intuition. This is important in writing good academic banes, who convinced her to earn a law degree because it would articles. Even the most theoretical articles should have some con- make her a better public servant. She decided early on to focus her nection to the way the ideas play out in the real world.”

34 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 photographs by Alan Orling web exclusive Learn about graduates working in goverment positions. law.columbia.edu/mag/ grads-govt

“What [Klein was] trying to do was very similar to what I had been writing about,” says Liebman. “It was exciting to be there at that time and influence the debate across the country. The reforms we were undertak- ing are now national models for how to decentralize power, hold schools accountable, and then replicate successful models for accelerating the learning of urban school kids. The experience also provided me with a richer set of examples for my scholarly writing than I had been working with before.” What Liebman had planned as a two-year leave ended up turning into a partial leave of three-and-a-half years, during which time his staff ballooned from six to more than 200. Upon his return to teaching full time, Liebman created a program to prepare Law School, Business School, and Teach- ers College students for government work. The idea, he says, is to provide a pathway from professional schools to government education agencies. “At the moment, we’re focused on public K-12 education,” says Lieb- man, “but later we plan to expand to the entire public sector—how to train Left: The immediacy of the Professor James Liebman and recruit staff for, evaluate, and understand the basic structure of issues and the ability to effect watched his ideas play out ‘learning organizations,’ which improve by systematically observing change led Professor Abbe R. in the real world during an and responding to their own successes and failures.” Gluck to serve at the state and local levels. Above: Professor eventful stint as accountabil- James S. Liebman’s work with ity chief overseeing reforms when asked if they would return to public service in the future, New York City public schools in the New York City Depart- most professors say yes, but are quick to note their appreciation for helped inspire a new program ment of Education. It was not the distinct pleasures of academic life. They also note that they savor to train students for public a position that Liebman, an these pleasures most after a particularly grueling stint in government. service careers. expert on habeas corpus and “I’m enjoying the luxury of exploring ideas outside the constraints the death penalty, as well as of government,” says Robert Jackson. “In these halls, I am encouraged education reform, ever expected to fill. But when he received to find the best answer, not just the right answer for the moment.” a phone call from then New York City Schools Chancellor Joel Trying to find the right answer for the moment, Jackson says, can Klein, against whom he had litigated in the 1980s, the oppor- be exhilarating, but also exhausting. tunity offered was too good to pass up. Klein had been tapped “I would not rule out temporarily returning to government if some- by Mayor Bloomberg to implement a bold reform agenda, and day the right opportunity came along, but I am extremely happy here, he was familiar with Liebman’s scholarly work on institutional and I’m not itching to go back in,” says Waxman, the national security change and organizational structure in public education. As law expert. “Sometimes I feel like I’m still catching up on those six accountability chief, Liebman helped set the national reform years of sleep.” agenda for giving individual schools and principals more power to affect, and more accountability for, the learning out- Alexander Zaitchik is a journalist who has written for The New comes of urban public school children. York Times, among other publications.

LAW.COLUMBIA.EDU/MAGAZINE 35 breakinU .S. energy policy is a mess. The situation at the globalg level is even worse. Could it tbe that lawyershr hold the key to gettingo things turned around?ugh by Daniel Gross

e live in an age of ferment and innovation in be an understatement. New York this summer passed Wenergy production, use, and technology. As on-bill financing legislation, which lets people borrow tiny start-ups, like BigBelly Solar, a Newton, Mass.–based money for energy efficiency improvements and pay off firm that makes solar-powered trash compactors, prom- the loan through utility bills. Next door, in New Jersey, ise to change the world, thousands of electricity-powered Governor Chris Christie has pulled back funding for Nissan Leafs hit the roads each month. New solutions for formerly aggressive renewable energy requirements. kicking the fossil fuel habit, shrinking humanity’s carbon “There are a large number of disparate laws in opera- footprint, and mitigating global warming abound—from tion, and many of them are at war with each other,” the practical (motion-detecting sensors that automati- notes Michael B. Gerrard, the Law School’s Andrew cally turn lights off) to the pie-in-the-sky (seeding the Sabin Professor of Professional Practice and director clouds with crystals to combat global warming). And of the Center for Climate Change Law. Subsidies for through it all, the hectoring on the need to turn off the renewables coexist with subsidies for fossil fuels. Envi- lights is producing results. “We’re now producing out- ronmental laws like the Endangered Species Act make put for less energy consumption than we did before,” it difficult to build large-scale solar facilities in the sun- says Michael J. Graetz, the Isidor and Seville Sulzbacher drenched Mojave Desert. Professor of Law and Columbia Alumni Professor of Tax Gerrard recently published The Law of Clean Law. “That’s the happy part of the story.” Energy, a 688-page treatise cataloging federal and But there is a sad part, too. As Graetz notes: “We also state laws and regulations dealing with renewable drive bigger cars, have bigger houses, and have our houses energy and energy efficiency. He has set up a sepa- located further from work than those in most other coun- rate website (law.columbia.edu/mag/energy-survey) tries.” Even as clean-up efforts continue in the Gulf of with a 50-state survey to chronicle the “incoherent Mexico, U.S. crude oil production, fueled in part by a hodgepodge.” Tax credits and subsidies for faddish boom in North Dakota, rose to 5.5 million barrels per day solutions rise and fall like pop stars. last year. Because that is not nearly enough to keep our “Eight presidents, from Nixon to Obama, have all said SUVs fueled, the U.S. continues to import huge quantities we have to eliminate our addiction to oil,” says Graetz, of oil, sustaining hostile, undemocratic whose latest book, The End of Energy: governments in Venezuela and Iran, and The Unmaking of America’s Environ- complicating foreign policy. Petroleum ment, Security and Independence, alone accounts for more than 48 percent web exclusive smartly chronicles the depressing Read the professors’ work of America’s gaping trade deficit. dealing with energy policy. cascade of policy failures over the past Calling U.S. policy toward energy law.columbia.edu/mag/ four decades. “And the victories we’ve and efficiency a jumbled mess would energy-scholarship achieved are rather hollow.”

36 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 illustration by david plunkert LAW.COLUMBIA.EDU/MAGAZINE 37 vate in energy, and have profound influences on what consumers do and how they behave,” says Dean Schizer. Energy policy in the U.S. has been developed largely by lawyers, and decisions over where to locate power lines, for instance, or offshore wind farms, must pass through an environmental regulatory gauntlet. “When you have regulations, it’s the lawyers who are writing them,” says Michael Graetz. “When you have subsidies or tax credits, the design is often at the mercy of the lawyers.” Michael Gerrard notes that energy law is one of the most rapidly growing legal fields in America. When he announced that he would teach a seminar on energy law at the Law School in 2010, 130 students tried to sign up for the 18 available slots.

The question of how to do more with less energy, and how to encourage greater efficiency, invites a host of approaches. Promul- gating new design standards for buildings, Dean David M. Schizer worked with Professor Thomas W. Merrill to propose a smart new gas tax. appliances, or cars goes a long way. Energy efficiency standards adopted over the years by Meanwhile, painstaking gains in the U.S. are says David M. Schizer, Dean and the Lucy G. Congress have generated enormous savings easily offset by increasing use elsewhere. Gen- Moses Professor of Law. “I find myself skep- in electricity use in refrigerators, air condi- eral Motors already sells more cars in China tical about programs where the government tioners, and washing machines. Legislation than it does in the U.S., and India has not yet undertakes to choose a technological winner.” passed in 2007 will lead to the effective phas- started to drive in earnest. Between 2006 and Doing so distorts markets in all sorts of unin- ing out of the century-old incandescent bulb 2010, U.S. coal consumption fell 5.7 percent. tended ways. Government support of etha- in 2012. “The amount of energy that would But exports rose by nearly two-thirds. In 2010, nol, for example, means 40 percent of the U.S. be saved by that is the equivalent of the output the U.S. shipped 81.7 million short tons of coal corn crop is now used to make a (not particu- of 11 nuclear power plants,” says Gerrard. And abroad (up from 59 million in 2009), much larly green) transportation fuel. President Obama recently proposed boosting of it to China. The U.S. is also a prodigious What the U.S. (and the world) needs are the average mileage standard for the U.S. auto exporter of fossil fuel–burning equipment, policies that encourage the smarter use of fleet to 56.2 miles per gallon by 2025. including gigantic gas-powered turbines headed for places like Brazil and Saudi Arabia.

Beyond buying Priuses and installing solar panels on their roofs, what can law professors “ Legal systems are of fundamental importance in creating contribute to the energy conversation that is incentives to innovate in energy, and have profound influences occupying the attention of their colleagues in on what consumers do and how they behave.” the physics, political science, and engineering departments? A lot, it turns out. —Dean David M. Schizer First, though, it is worth noting some parameters based on what legal scholars actually do. The Law School’s experts have little to say about the relative virtues of solar power energy, more intelligently designed standards But standards can be a tough sell, especially compared with wind and do not suggest and regulatory systems, and markets that in areas where electricity remains relatively that they know whether hydrogen-powered encourage innovation. Winning the energy cheap—and they can founder on the shoals vehicles will appear in dealerships in 2020 future is less about designing the next genera- of politics. That is why many experts favor a or 2025. Such answers lie beyond their realm tion of super-efficient car engines, and more higher gas tax. A new levy at the pump would of expertise. Besides, history—and common about putting in place the carrots and sticks take technological and consumption choices sense—suggests policies cannot mandate the that make it worthwhile for companies to cre- out of the hands of regulators and put them next scientific breakthrough or new business ate them, and for consumers to buy them. This into the hands of consumers and companies. model that will power large-scale change. intersection of policy and commerce is pre- Dean Schizer and colleague Thomas W. Mer- “I’m a big fan of energy programs that try to cisely where the lawyers come in. rill, the Charles Evans Hughes Professor of influence consumers’ incentives and therefore “Legal systems are of fundamental Law, have proposed a gas tax plan with a twist. create incentives for producers to innovate,” importance in creating incentives to inno- The government would set a threshold of 10

38 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 percent below the current market price—i.e. $3.60 if the price is $4.00—and deploy a tax to establish a minimum price. Should the price fall to $3.30, consumers would pay a 30-cent- per-gallon tax. Rather than keep the tax, however, the government would rebate it equally to consumers each year. In this scheme, those who drive less (or who drive fuel-sipping cars) would come out with a profit, while those who drive more (or drive gas guzzlers) would pay more. “It’s a way to redirect money from people who are inefficient to people who are efficient,” Dean Schizer adds. (He allows that there should be regional adjustments, since residents of Morningside Heights are less reliant on cars than, say, residents of Shaker Heights.) A national gas tax in the U.S. would be a great start, but only a start. The U.S. houses 4 percent of the globe’s population. And while it consumes an outsized chunk of the world’s oil, that proportion is shrinking in recent years. “We have a fiction that there is a national solution to a global problem,” says Scott Barrett, Professor Michael J. Graetz’s recent book examines what has gone wrong with U.S. energy policy. Lenfest-Earth Institute Professor of Natural Resource Economics at Columbia’s School energy consumption by roughly 23 percent by While there is plenty of reason for skep- of International and Public Affairs. That is 2020, eliminating more than $1.2 trillion in ticism, there still is good reason to believe why many analysts favor more far-reaching waste—well beyond the $520 billion up-front that America can be a leader in a new world efforts such as a global carbon tax or a global investment (not including program costs) of energy. The true genius of the American cap-and-trade system. Placing a high price on that would be required.” The owners of the economic system has been the ability to turn fossil fuels, and sending a permanent signal to Empire State Building, for instance, by invest- brilliant business ideas into great global busi- the market, “would accelerate the transition to ing in a carefully thought-out retrofitting, have ness concepts and brands. And it is precisely renewable energy by making fossil fuels more reduced energy consumption by 40 percent the sophisticated public-private partner- expensive,” says Steven A. Cohen, executive and are now reaping higher rents from better- ship—government support for research and director and chief operating officer at Colum- quality tenants. “If you want to change the infrastructure, the protection of intellectual bia’s Earth Institute. Once the politicians agree world, you not only have to build new build- property, deep capital markets, a massive on this track—carbon trading, or a carbon ings better, but you have to renovate and ret- domestic market, a genius for branding and tax—lawyers would have to construct the bind- rofit existing buildings,” says Anthony Malkin, marketing—that allows this process to hap- ing international legal structures that would president of Malkin Securities, which owns the pen. Time and again, American entrepreneurs facilitate enforcement, trading, and collection. iconic office tower. (Malkin is the grandson of and companies have turned an invention into Given the difficulty in getting global gover- Lawrence Wien ’27.) a national standard and then into a ubiqui- nance organizations to drive positive change, But in many areas, markets left to their own tous global product: the sewing machine, the energy experts have long hoped that a new devices will not change the status quo. Current Model T, McDonald’s, Facebook. technology would appear and save politicians regulatory schemes do not provide incentives The real breakthrough will come when and consumers from having to make tough for utilities to help customers reduce energy renewable, carbon-free energy technologies choices. “Each president has pursued a techno- use sharply. Emitting carbon costs nothing, can compete on price with existing fossil-fuel logical silver bullet,” says Graetz. “For Nixon, it even though it exacts huge costs on people and technologies. “The lawyers’ role in all this,” was the breeder reactor; for Carter, it was syn- the environment. What’s more, many impor- notes Michael Graetz, “is one of institutional fuels; and for Obama, it’s solar/wind/fuel cells.” tant breakthroughs in technology stem from design and the formation of legal structures Considering this history, perhaps the best research and development in basic science, a that enhance the ability of engineers and hope for progress lies in forsaking the concept function many companies no longer support. entrepreneurs to operate most effectively.” of boosting supply for the notion of slashing All of this calls for sophisticated public-private If the legal world can indeed provide that demand. The most efficient and cost-effective partnerships to help develop new technolo- leg up for developers, it is possible the Next Big power plant is the one you gies and market structures. Thing to emerge from America and conquer don’t need to build. In July Gerrard, for one, calls for the commercial world just might be a cheap 2009, McKinsey & Com- “a concerted and consis- plug-in electric vehicular drivetrain, or a super- pany issued a report find- join the conversation tent program of national efficient wind turbine. ing that “the U.S. economy How can the U.S. best reform support for the research its energy policies? has the potential to reduce law.columbia.edu/mag/ and development of new D aniel Gross is a columnist and economics annual non-transportation energy-convo energy technologies.” editor at Yahoo! Finance. p hotographed by alan orling LAW.COLUMBIA.EDU/MAGAZINE 39 Four Law School graduates based in East Asia talk about working in bustling, opportunity-laden centers of the new global economy at a critical moment in time

TURNING the Tide Ron Cai ’87 LL.M. has helped open China to the world by advising multinational corporations doing business in his homeland.

By Eveline Chao TURNING the Tide PhLAW.COLUMBIA.EDU/MAGAZINE Photoogtograpraphedhed by by CH AADndy ING FrReebeAHAM 41rg F or moST working at Sitting in Morgan Stanley’s the nexus of business and Beijing office overlooking law, overseeing the stock the city’s financial district, market debut of the world’s Christianson breezily tosses fifth-largest company would out allusions to a schedule amount to a career summit that would fell most people. nonpareil. The same could be One day earlier, she was in said of handling the largest Shanghai speaking at a newly cross-border M&A deal in opened securities joint ven- China’s history, or of serving ture that will allow the bank as a catalyst in bringing the to underwrite Chinese ren- first batch of Chinese main- minbi-denominated stocks land companies to the inter- and bonds in the domestic national market. But for Wei Chinese market. On the Christianson ’89, a managing same day, Christianson led director, and Co-CEO of Asia a team effort that resulted Pacific and CEO of China in a $3.6 billion placement for Morgan Stanley, those of Bank of China and China accomplishments are mere Construction Bank shares for bullet points residing among Temasek, Singapore’s state- scores of others on an über- owned investment company. impressive list of professional Nothing—be it a jam- successes that continues to packed schedule or a lay- expand. In July of last year, ered and extremely complex for instance, Christianson deal—seems to faze Chris- masterminded what was, at tianson. Perhaps that is the time, the largest IPO in because modern challenges history—the $22.1 billion “This is where we can make a difference. pale in comparison to what debut of Agricultural Bank she experienced growing up. of China, the country’s third- People are very proud to be associated Christianson lived through largest lender. some of the worst horrors Christianson is just one with the privatization of one of the world’s of the Cultural Revolution, of many graduates—among largest banks, or with [some of China’s] the “decade of chaos” from them Charles Li ’91, Ron Cai 1966 to 1976. “I’ve seen a lot ’87 LL.M., and Marianne largest M&A transactions, because we are of stressful situations,” she Chao ’95 LL.M.—who, after says. “I’ve seen deaths, per- studying at Columbia Law really changing things.” secutions. I’ve seen the worst School, decided to pursue situations you can imagine. their career goals in East —Wei Christianson ’89 So after you’ve gone through Asia, ascending to positions that, you feel, not invincible, of great global influence. Li, but you feel pretty tough.” Cai, Chao, and Christianson Though she was politi- each came of age during a time when learn- before enrolling at the Law School. Following cally disillusioned by that period, Christian- ing English and studying abroad were seen graduation, Christianson spent several years son says old memories inspire her to effect as crucial for large-scale success. But as the with Orrick, Herrington & Sutcliffe in New lasting change in the country—a mission focus of the global economy has shifted York before moving on to the Hong Kong she seeks to pass on to the younger genera- east, the value inherent in their ties to East Securities and Futures Commission, where tion of colleagues at Morgan Stanley. Asia has become all the more apparent. she helped draft the regulatory structure that “This is where we can make a difference,” Christianson, as it turns out, wound up would enable the first mainland Chinese com- Christianson says. “People are very proud to at Columbia Law School due to a chance panies to be listed in Hong Kong, in essence be associated with the privatization of one encounter with Professor Emeritus R. Ran- opening them to the world. This led, in 1998, of the world’s largest banks, or with [some dle Edwards. As the head of her class study- to a position at Morgan Stanley, where she ing English at Beijing Language University helmed some of the biggest deals in China, in the late 1970s, she earned an opportunity including an IPO for Chinese oil giant Sino- to meet Edwards when he came to town in pec, one of the world’s largest companies. She go beyond 1981. By the end of Christianson’s initial con- also oversaw what had been China’s largest Explore a timeline of the Law School’s versation with Edwards, she had decided that cross-border M&A transaction, the $4.2 bil- connection with China. she wanted to be a lawyer. She transferred to lion acquisition of PetroKazakhstan by China law.columbia.edu/mag/ china-timeline Amherst College and graduated cum laude National Petroleum Corporation.

42 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 of China’s] largest M&A transactions, because we are really changing things. We are helping China.” At the same time, Christianson believes in the value of staying connected to the broader world, both at a personal level and for China. “It is important not to turn inward or become closed off,” she says. “That’s why I encourage people to go out and study abroad.” And, through it all, Christianson has never forgotten the debt she owes to the man behind her own foreign studies, Professor Edwards. “I’m eternally grateful to him,” she says, adding that her gratitude is not just because Edwards inspired her to go to law school. Christianson met her husband, Skadden, Arps, Slate, Meagher & Flom partner Jon Christianson ’89, at a brown-bag lunch hosted by the Law School’s Center for Chinese Legal Studies, which Edwards directed for nearly 20 years. Things came full circle for Christianson in 2006, when she was awarded the Law School’s Medal for Excellence. By her side that afternoon stood Edwards, who was there to receive the very same honor.

A glance at the recent dealbooks of Morgan Stanley or any other major investment firm provides a reminder of just how eager international investors are to tap into China’s light- ning-fast growth. But on the flip side, legions of Chinese investors are awash in money and hungry for channels for investing capital outside the country. Standing at the intersection of these two trends is Charles Li, chief executive of Hong Kong Exchanges and Clear- ing Limited (HKEx), the company that operates the Hong Kong stock market. Like Christianson, Li was steered toward Columbia Law School partly by Professor R. Randle Edwards. Li was making $8 an hour as a part-time journalist in a small Alabama town when “China is trying to find a way to integrate its overall he decided to apply to law school. After receiving an acceptance letter from the economic activity into the global economy, and Law School, he says, “I actually wrote them to decline, because I didn’t have the you have international forces all wanting to benefit money.” But the admissions office called from the growth in China. Hong Kong is the Li and asked him to fly to New York before making a decision. The rest, as they say, perfect place for these dual forces to interact.” is history. The Center for Chinese Legal Studies offered Li several assistantships —Charles Li ’91 and grants, enabling him to enroll. Upon graduating from the Law School, Li worked for several years at p hotographed by Tim O’Rourke LAW.COLUMBIA.EDU/MAGAZINE 43 Davis Polk & Wardwell in New York, before J.P.Morgan China flourished under Li’s sentative of Davis Wright Tremaine’s Shang- joining Brown & Wood and then moving to stewardship. He moved to HKEx in 2009. hai office. Davis Wright was the first Ameri- Hong Kong to set up that firm’s office there. “The exchange job comes at a time when can law firm approved to open an office in In 1994, he joined Merrill Lynch, and in you have China trying to find a way to inte- Shanghai and launched the branch in 1994 1999, at the age of 39, Li was named manag- grate its overall economic activity into the to assist American and international corpo- ing director and CEO of Merrill Lynch China. global economy,” Li says. “You have inter- rations doing business in China. During his At Merrill, Li was responsible for numer- national forces all wanting to benefit from tenure, Cai has represented companies such ous high-profile IPOs, including that of oil the growth in China, and Hong Kong is the as Bloomberg, General Electric, Goodyear, giant China National Offshore Oil Company perfect place for these dual forces to interact.” Microsoft, and Starbucks, assisting on every- (CNOOC). The project presented a meaning- In April, HKEx debuted its first stock listing thing from international M&As to technology ful moment for the young lawyer, because, for denominated in renminbi, the mainland Chi- licensing to corporate compliance auditing. three tough years starting at age 16, Li worked nese currency. At the moment, Chinese citizens In recent years, the firm has begun to repre- on a CNOOC oil rig in the North China Sea. cannot invest in Hong Kong. Assuming that sent more Chinese companies, helping these He credits that period with preparing him changes, the new product sets up infrastruc- clients understand U.S. and international law. for life’s challenges. “People of my age [from ture for those in China to invest abroad with Cai says the desire to participate in the China] tend to be a little bit tougher, and tend less risk. Considering how active mainland development of a rule-of-law society is what to have a little bit more perspective in life,” he China’s two stock markets are (turnover on the spurred him to enter the legal profession. His says, “simply because things were not easy.” Shenzhen Stock Exchange was 344.4 percent father was a public prosecutor in their home- That steely toughness propelled Li, in in 2010, the highest in the world), that could town of Xiamen, on the southeastern coast 2003, to the chairmanship of J.P.Morgan lead to a flood of money into Hong Kong. of China, and when the Cultural Revolution China, where he was involved in CNOOC’s broke out shortly after Cai was born, the headline-grabbing bid to purchase the Like Charles Li, Ron Cai acts as family, together with some other public pros- now-defunct American oil company a bridge between East and West through his ecutors and their families, escaped the Red Unocal. Though the bid ultimately failed, work as partner-in-charge and chief repre- Guards by hiding in a suburb of his home-

Marianne Chao credits the Law School with developing within her the ability to analyze and cycle through the tenets of multiple legal systems simultaneously.

44 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 photographed by Neil Wade ort the pas three decades, Columbia Columbia was the first law school in Law School has maintained an LEADERSHIP the United States to offer a course on F unparalleled reputation as a world Japanese law. Building on that history, leader in Asian legal studies. Professor & TRADITION Professor Walter Gellhorn ’31 helped R. randle Edwards helped establish found the Law School’s Center for Columbia Law School’s Center for Chinese Legal Studies Japanese Legal Studies in 1980. Led by Professor Curtis in 1983, shortly after the restoration of diplomatic relations J. Milhaupt ’89, it continues to be the first and only center between the U.S. and China. Edwards served as the director of its kind in the United States. of the program until he retired in 2002, when Professor Founded nearly 20 years ago, the Center for Korean Legal Benjamin L. Liebman assumed the post. The center hosts Studies is the only center of its kind dedicated to studying programs in Beijing and Shanghai, sponsors fellowships, the legal systems of both North and South Korea. Professor and organizes events at the Law School each year that Jeong-Ho roh serves as the director of the center, which bring together leading practitioners and scholars. offers cutting-edge courses on Korean law and policy.

town. Cai’s family spent almost two years Unlike Cai, Li, or Christianson, what action to take in different countries,” she hiding above a movie theater, followed by Jones Day Partner Marianne Chao grew up says. “In Taiwan, we have a civil law system, two more years in re-education camps. When in Taipei, Taiwan, which was never closed to so there are a lot of differences with respect to they returned home, things had changed. the world. Yet for Chao, studying at Colum- substantive law and procedural law.” “The courthouse, the police, and the state bia Law School was no less of an eye-opening Chao adds that her training abroad helps attorney’s office were all consolidated into one dose of internationalism. her analyze opposing arguments. “You have to single government unit,” Cai says. “So if some- “It was very good for me,” she says, “to know look at [things] from a wider perspective, and one was arrested, there was no prosecution friends from different parts of the world, to see see the different legal systems and court sys- or court trial process. You would basically be the big city, and to be very small in a big city.” tems and laws of different countries, to decide arrested and then thrown into jail right away.” That exposure has what action to take,” Ultimately, Cai decided to study law at Xia- been essential to her she says, “instead of men University and to continue his legal stud- success at Jones Day’s only reacting.” ies at Columbia Law School. After completing Taipei office, where To be sure, Chao his LL.M., he spent five years as an associate she has worked since web exclusive makes many impor- Learn about Law School programs with Tonkon Torp in Portland, Ore. In 1994, graduating from the focused on Asian nations. tant decisions—and driven by a desire to serve his country, Cai Law School. At Jones law.columbia.edu/mag/ not just in the legal asian-legal-studies moved to Asia. He worked at two Hong Kong Day, Chao leads the sphere. She is a com- firms before settling in at Davis Wright’s firm’s dispute resolu- missioner on the Shanghai office. There, he applies both his tion practice. Her work centers on helping national government’s Referendum Review understanding of China and his knowledge international companies with business dis- Committee, which approves or rejects propos- of U.S. and international law to advise on putes in Taiwan and assisting Taiwanese cli- als to put some of Taiwan’s most important bilateral trade and investment deals. ents with disputes in other countries. policy issues up for public vote. Chao also Cai’s dual perspective is also crucial in his In that capacity, Chao has developed a repu- recently served as an executive director of the role as an arbitrator with the China Inter- tation for her adroit handling of contentious Taipei Bar Association and is currently the national Economic and Trade Arbitration construction matters. She represents every youngest president ever of the Taiwan chap- Commission (CIETAC), which mediates major player in high-speed rail, telecommu- ter of the International Federation of Women and arbitrates economic and trade disputes, nications, and power plant projects. In one Lawyers, an affiliate of the United Nations. In mostly between Chinese and foreign coun- highly publicized case, she served as lead coun- November, she will travel to Nigeria for the terparts. Hot-button issues like differing sel for the French company Matra Transport organization’s biennial convention. stances on intellectual property in China and successfully countered court actions that “I like international environments,” Chao keep CIETAC one of the busiest interna- the Taiwanese government brought to sidestep declares proudly. tional arbitration centers in the world. They a $69 million arbitral award. Other clients It is a worldview that led her to the Law also tend to ensure that life is extremely have included HSBC, Nippon Steel, Lockheed School and New York City, and one that con- busy for Cai, who says he has mixed feelings Martin, and Alcatel-Lucent. Chao credits the tinues to drive her work today. “I’m still learn- about how far China’s legal system has come Law School with developing within her the ing,” she adds. “Life is a process of learning. since his youth. “On the one hand, I’m disap- ability to analyze and cycle through the tenets And I hope that I can now use my connec- pointed, but on the other hand I see gradual of multiple legal systems simultaneously. tions to help the world and society improve.” progress,” he says. “And I can see that the “My study at Columbia [helped] me younger generation of Chinese officials now understand the common law system and Eveline Chao is a freelance business understand the world better.” other legal systems, so I can advise clients on writer based in Beijing and New York City.

LAW.COLUMBIA.EDU/MAGAZINE 45 Do you have a UNI? Your UNI is your Columbia University Network ID, which you need to access secure alumni information through our website.

With your UNI, you can network online, register for events, read and submit class notes, reconnect with friends, and much more. The answer is YES! To obtain your UNI visit: http://alumni.columbia.edu/unis Integrating Accommodation in page 56 Do you have a UNI? focus: Your UNI is your Columbia University Network ID, The people, personalities, and perspectives which you need to access secure alumni information making an impact this season through our website.

With your UNI, you can alumni profiles network online, register 48 at issue essays for events, read and 54 submit class notes, class notes reconnect with friends, 58 and much more. in memoriam 76

The answer is questions presented YES! 80 To obtain your UNI visit: http://alumni.columbia.edu/unis

Max Berger ’71 page 52

PHOTOGRAPHED BY jon roemer LAW.COLUMBIA.EDU/MAGAZINE 47 david preiser: The Fixer

Houlihan Lokey Senior Managing Director David Preiser ’82 analyzes crisis scenarios and financial disasters with the calm, confident demeanor of a natural problem solverB y Peter Kiefer

Anyone who doubts that the fre- June. Listening to him reflect on mate at Columbia Law School. no one could chart where the quency of financial calamities some of the boom/bust cycles “When you are faced with global economy was headed. has accelerated in recent decades he has witnessed throughout insurmountable problems, you He now toggles back and forth should take a moment to speak his career leads directly to a look to the person who is calm between New York and a handful with David Preiser ’82. He certain foreboding sense of how and has clear vision as to what of mainly European capitals, has worked to remedy almost far the distressed markets have to do, and to someone who is sometimes heading overseas sev- all of them. As senior man- evolved, and to a realization an action-taker, not a talker. eral times a month. Preiser cred- aging director of the inter- about the levels of debt to which David is very good at formu- its his Columbia Law School edu- national, advisory-focused we as global citizens are now lating plans in complicated, cation for providing him with the investment bank Houlihan accustomed. (The current U.S. stressful situations.” intellectual tools to grapple with Lokey, Preiser has been privy national debt is $14.7 trillion.) After practicing law for a the challenges and complexities to some of the largest global With the cool insouciance of few years and then working of international restructuring. transactions, bailouts, and someone who has seen it all, he for Toll Brothers, the luxury Despite the high stakes of restructurings that have taken describes the real estate recession home building and real estate his trade, Preiser—an avid place since the early 1990s. of the late 1980s as a “pimple,” development company, Preiser golfer, biker, and father of three, But what makes Preiser’s story the savings and loan crisis as joined Houlihan Lokey in the including Jessica Preiser, Class both more gripping and unnerv- “an amusing footnote,” and the early 1990s. There, he was tasked of 2013—is far from a doom- ing—at least for the rest of us—is technology boom and bust in the with building the company’s sayer. He states that one of the that his business is booming. early 2000s as “kind of quaint.” high-yield corporate restruc- great strengths of such a com- “Our activity is a direct func- Preiser is, in some ways, the turing business from scratch. plex financial system is its abil- tion of the growth of debt in the Zelig of corporate and sovereign In those early days, he admits, ity to evolve, succeed, fail, and world economy,” Preiser says from debt restructuring and inter- adapt—oftentimes in no par- behind the desk in his Park Ave- national financial crises, and ticular order. “The American nue corner office. “And if you chart demand for his expertise has Preiser is, in some way, the global way, has been to the last 20 years, you will see a never been greater. But Preiser ways, the Zelig of fund [all types of businesses] and hyperbolic increase in worldwide breaks with the anticipated corporate and then clean up the messes later,” debt. So our activity is directly cor- stereotype of someone whose sovereign debt he says. “You can’t avoid restruc- related to that. It is also directly nerves have been brought to the turing. You can’t avoid financial restructuring. correlated to complexity and glo- precipice one too many times. problems, and stress, and bad balization. The world keeps get- He projects an air of consider- Demand for his business decisions. They are ting more interwoven, and so the ation, fortitude, and guile. expertise has never a function of the success of the future is bright for what we do.” “He is very calm in the face of been greater. world economy, not its failure.” Preiser had just returned from the pressure of distress and crisis,” a quick trip to Athens, where he says Jeffrey Werbalowsky ’82, Peter Kiefer has written for the was consulting on Greece’s debt senior managing director at Rome bureau of The New York restructuring negotiations in Houlihan, and Preiser’s room- Times, among other publications.

48 COLUMBIA LAW SCHOOL MAGAZINe f all 2011 PHOTOGRAPHED BY david yellen LAW.COLUMBIA.EDU/MAGAZINE 49 alison ressler: t he dealmaker

As the head of Sullivan & Cromwell’s California practice, Alison Ressler ’83 continues to make big deals and spur positive impact By Lila Byock

In 1984, Alison Ressler ’83 back to headquarters. At the has helped broker recently is time. “If you need something moved to Los Angeles for what time, no lawyer had made studded with bold-faced names done, give it to a busy person she thought would be a two-year partner at Sullivan & Cromwell from every industry: Skype, to do,” she says. Ressler, per- stint. Ressler, who had been an without a tour of duty in the Bank of America, Clear Chan- haps unsurprisingly, serves as associate in the banking group New York office. But Ressler nel, Hilton, Chiron, Simmons, a trustee at her children’s high at Milbank Tweed, was among and her family had become Sprint, PayPal, Valeant Pharma- school, as well as at Brown Uni- the first attorneys hired to staff happily settled in L.A. She told ceuticals, Biovail, and eBay, just versity, where she is one of four the new Los Angeles office of herself: “I’m going to just keep to name a few. “I like the diver- officers. She also is a member of Sullivan & Cromwell. For the doing what I’m doing one day sity of the deals that I do,” she the Dean’s Council at Columbia native New Yorker, living on at a time, and as long as I keep says. “You can’t be an expert in Law School. Ressler’s philan- the West Coast initially felt like all the balls in the air there’s every business, but you have to thropy includes a scholarship traveling to “another country.” no reason to worry about what get deep enough into it that you at the Law School and generous Fast forward 27 years, and I ‘have to do.’” Not only did she understand what the issues are support of curricular initiatives Ressler now oversees Sullivan & make partner, she did so a year and how to look at things.” in law and business. With her Cromwell’s entire California prac- ahead of schedule. “That was Although Ressler insists husband, Richard Ressler ’83 tice from an office in Century City. kind of an exclamation point that M&A deals comprise “105 (whom she met on her first day Her influence is hardly confined to those who said it couldn’t be percent” of her professional at Columbia), she is a minority to the West Coast, however. She done,” she says, smiling. Nowa- life, her corporate governance owner of the Milwaukee Brew- also co-heads Sullivan & Crom- days, when she recruits young expertise is increasingly in ers. They invested in the team well’s global private equity group, lawyers to the firm, she always demand, and her management alongside fellow Law School and she is the first lawyer out- tells them that Sullivan & responsibilities consume a not- graduate and Brewers principal side of New York—and the first Cromwell is a true meritocracy, insignificant proportion of her owner Mark Attanasio ’82. woman—to sit on the firm’s man- a place where your professional Whatever the task at hand, and agement committee. Meanwhile, accomplishments are “the best whatever community Ressler is in, she represents some of the firm’s testament to your abilities.” “I try to teach she believes in making her pres- biggest corporate clients. Ressler’s own professional young lawyers not ence felt and having a positive “We really are very much one accomplishments frequently to cut corners,” impact. “I try to teach young law- firm,” says the fit, stylish mother make international headlines. Ressler says. “If yers not to cut corners,” she says. of four, relaxing into the head In 2010, The American Lawyer “If you’re going to do something, you’re going to do seat at a large conference table. named her a “Dealmaker of make sure you do it well. That’s “We think of the U.S. as the left the Year” for her quarterback something, make been my attitude from day one, arm, Europe as the right arm, role in the sale of Barclays sure you do and it’s, frankly, why I’ve had the and Asia as the legs. Our law- Global Investors to BlackRock, it well.” success that I’ve had.” yers work seamlessly with each a transaction the magazine other across the globe.” Early called the “deal of a lifetime.” Lila Byock has contributed to in her career, fellow associates And the roster of other merg- The New Yorker, Mother Jones, admonished her to transfer ers and acquisitions Ressler and other publications.

50 COLUMBIA LAW SCHOOL MAGAZINe f all 2011 PHOTOGRAPHED BY rennie solis LAW.COLUMBIA.EDU/MAGAZINE 51 max berger: The Guardian

For practitioner, philanthropist, and photographer Max Berger ’71, success goes hand in hand with maintaining focus B y Paula Span

Max W. Berger ’71 arrived at gallery of turn-of-this-century tell me something about the the latest round of financial Columbia Law School with financial scandal. future,” Berger says. industry litigation, sparked a scholarship, an accounting However complicated his His photography serves both by the near-meltdown of the degree from City College’s cases, often fought over years, artistic and philanthropic aims. global economy. As much as Baruch School, and a conviction Berger still talks about them Proceeds from an exhibit of his Berger believes that his firm’s that “the practice of law [for me] in simple terms. The investors work at the Laumont Gallery settlements, which include had to have some social value.” Bernstein Litowitz represents, went to City Year New York, corporate governance reforms, But, he acknowledges, “I didn’t largely public pension funds, which supports young volun- provide “a prophylactic effect know what that would be.” include “regular citizens—teach- teers in community service; he against wrongdoing,” he has not The answer appeared on ers, firemen, cops.” The com- also annually donates work to an yet managed to put himself out a school bulletin board: He panies, auditors, officers, and auction benefitting inMotion, of business. needed a part-time job, and bankers that harm them, he says, which provides free legal services Representing public emplo- Sidney Silverman ’57, a solo should be held accountable. to battered women. yee pension funds, Bernstein practitioner downtown, wanted In the WorldCom case, for Berger’s philanthropy also Litowitz is the court-appointed to hire students as researchers instance, “The board of directors extends to Columbia Law co–lead counsel in a case on an important class-action was sitting on its hands during School, where he and his wife brought against now-bankrupt securities case. the entire course of this fraud,” have endowed a fellowship to pay Lehman Brothers, the first Working at a plaintiffs’ law Berger says. “We thought they the tuition loans of a graduate domino to fall during the practice, representing investors should pay.” The 2005 settle- who practices public interest financial crisis. The firm also who had been misled, satisfied ment contained a novel provi- law. His firm also established a is pursuing cases against Bank Berger’s Robin Hood ambitions. sion: 20 percent of directors’ fellowship for graduates working of America, Goldman Sachs, “I always felt I wanted to use my collective net worth over $24 on anti-discrimination cases. JPMorgan Chase, and others. career to fight injustice,” he says. million. “It sent shock waves,” In February, the Law School Berger would rather see Four decades later, the bou- he says with a satisfied chuckle. presented Berger the Medal for government regulators and tique firm he co-founded in 1983, “That outside directors would Excellence, its highest honor. prosecutors compel changes in Bernstein Litowitz Berger & have to reach into their own Meanwhile, his 55-attorney corporate behavior. Until then, Grossmann, has compiled an pockets for not doing their jobs firm has waded hip-deep into he will be a busy man with no astounding record of success in was the most radical experience.” plans to retire. Despite the legal complex, often high-profile cases. Also on display in Berger’s In February, and ethical responsibilities of Victory souvenirs—news- office, however, is evidence of the Law School auditors, attorneys, brokers and paper accounts encased in another lifelong enthusiasm: presented Berger bankers, officers, and directors, Lucite—displayed among the He is an accomplished, largely the Medal for he says, “We have way too many family snapshots in his mid- self-taught photographer who examples of greed overtaking Excellence, its town office commemorate has roamed the world—from all these gatekeepers.” Cendant ($3.3 billion recov- Havana to Beijing to Antarc- highest honor. ered for shareholders), World- tica—with his Nikon. The prints Paula Span teachest a Columbia Com ($6.15 billion), and Nor- on his wall portray children in University’s Graduate School tel ($1.3 billion)—a rogue’s Ecuador and Cape Town. “They of Journalism.

52 COLUMBIA LAW SCHOOL MAGAZINe f all 2011 PHOTOGRAPHED BY jon roemer LAW.COLUMBIA.EDU/MAGAZINE 53 at issue: sb u sidizing the press

It is time for news organizations to begin making greater use of the nonprofit form B y DaVID M. Schizer*, Dean and the Lucy G. Moses Professor of Law

Through beat reporting and investigative journalism, reporters monitor the foun- dational institutions of our society. This reporting has value even to those who never buy a newspaper or read a website. For example, subscribers and nonsubscribers alike benefit when government officials respond to a critical news story by eliminating an abusive practice.

Yet, unfortunately, the pro- newspaper revenue. In addi- mately 16,000 journalists lost and beat reporting has been fessional press is experienc- tion, the proliferation of online their jobs in 2008, and another limited. Relatively few Internet ing a severe economic crisis. content is not helping; only 17,000 in 2009. The newsroom sites engage in original report- With the advent of the Inter- 8 percent of the industry’s was reduced by half at the Los ing; between 85 percent and net, Craigslist and a host of advertising revenue comes from Angeles Times, by 45 percent 95 percent of all professionally other sites now compete with online ads, and the percentage at The Star-Ledger, from 450 reported news still originates newspapers for classified and has stopped growing. Unfor- to 150 at The Baltimore Sun, with daily newspapers. other ads. Revenue from print tunately, subscription revenue and from 500 to 200 at the San In response to this crisis, ads fell by 23 percent indus- has plummeted as well. The Francisco Chronicle. many commentators have try-wide from 2006 to 2008 percentage of Americans who Distributing news online is called for government subsidies and by another 30 percent in buy a daily newspaper is half of much cheaper and dramatically for the press. Yet if the press 2009. This is a body blow to what it was in 1945, declining lowers barriers to entry. Anyone becomes financially dependent the newspaper industry, since from 38 percent in 2006 to 30 can create a blog. Yet, unfortu- on the government, would they even the diminished total still percent in 2008. According to nately, the contribution of these be deterred from monitoring represents 90 percent of all the “Paper Cuts” blog, approxi- new players to investigative and criticizing the government?

54 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 If so, the subsidy would under- ment officials, or a government- cut some of the social benefits it appointed board of experts. is meant to preserve. Although donors will vary in The answer to this conun- their sophistication, the fact drum is for news organizations that they are investing their own to make greater use of the non- money will focus their minds, profit form. This way, donors motivating them to think care- can make tax-deductible con- fully about which organization tributions to news organiza- deserves their support. tions. The deduction for chari- It is worth noting that a table contributions is a way of number of successful nonprofit privatizing the allocation of news organizations are already funding for public goods, so in existence. National Public the government piggybacks Radio attracts 40 percent of its on the judgments of private budget from foundation and philanthropists. This model is corporate sponsors. The non- especially appealing when it profit independent newsroom is problematic for the govern- Pro Publica recently became the ment to allocate funds. In order first online news organization to safeguard the separation of to win a Pulitzer Prize. Other church and state, for example, well-known news nonprofits we do not want the govern- include Harper’s Magazine, ment to decide which religious Foreign Affairs, Foreign Pol- organizations to fund. Instead, icy, Washington Monthly, Ms. we delegate to individuals the Magazine, Mother Jones, Con- ability to make tax-deductible sumer Reports, and National contributions to their religious Geographic. organization of choice. The These familiar organizations same approach can be used to highlight a further advantage safeguard the “separation of of using the nonprofit form press and state.” A nonprofit We delegate to influence editorial decisions. It for news: The subsidy for non- news organization is not owned individuals the is not clear why philanthropic profit news already is available, by the government, and it does ability to make donors pose a risk that is more to a significant extent, under not have to ask the govern- significant or, indeed, particu- current law. The fact that no ment for funding. As long as it tax-deductible larly different than owners and change in law is needed in order can attract private donations, contributions advertisers. The main change for this approach to come into government funding comes to their religious is that a third class of financial wider use means that there is no indirectly and automatically. organization of supporters (donors) is added need to sell the public on public support for news organizations. Because Congress plays no role choice. The same to the other two (owners and in allocating this money, report- advertisers). If we judge the risk Unlike with other subsidy mod- ers and editors should not be approach can be to independence as increasing els, it is not necessary to single deterred from investigating or used to safeguard with the number of players who out news organizations for spe- criticizing the government. the “separation provide financial support, then cial treatment or to authorize a Admittedly, this subsidy of press and this is a step in the wrong direc- separate budget line for subsi- model presents a different con- tion. Yet this analysis is over- dizing them. The relevant tax state.” cern about independence: the simplified, since increasing the benefit exists under current law risk that private donors will number of financial supporters and is offered to a broad class influence which stories are cov- can lend diversification to the of institutions, from religious ered and which viewpoints are news organization, reducing organizations and universities expressed. Yet there is nothing the leverage of any individual to orchestras and museums. new about the risk that private and thus her ability to influence News organizations should fol- funders might seek to influ- editorial matters. low their lead as a way to safe- ence editorial matters. For- Will tax-deductible contri- guard their essential position profit news organizations have butions find their way to the within our democratic society. controlling shareholders (e.g., highest quality news outlets? the Sulzberger family, Rupert To determine which organiza- *A fuller version of this argument Murdoch), as well as adver- tions receive government fund- is available in the Spring 2011 tisers, all of whom can try to ing, this model relies on donors, issue of the Journal of Legal use their financial leverage to instead of on readers, govern- Analysis.

ILLUS TRATION BY keith negley LAW.COLUMBIA.EDU/MAGAZINE 55 at issue: Iantegr ting Accommodation

Requests by disabled individuals for accommodation can lead to benefits that improve the lives of a wide variety of people By Elizabeth F. Emens, Professor of Law

Consider the following scenario: A speaker at a professional conference projects an exceedingly complicated image on a screen at the front of the room. The audience members squint at the image, trying to make sense of the arrows and circles and tiny print. After a moment, a man in the front row raises his hand and, apparently requesting an accommodation for his vision impairment, asks the speaker to “please describe the diagram.” The rest of the audience sighs in relief at the prospect of having this inscrutable diagram glossed by its creator.

This moment captures an oft- disability also means integrating this recognition of third-party employee), and assistive equip- overlooked feature of disability accommodation. costs, courts and agencies have ment can benefit all employees, accommodations: the request That accommodations often largely failed to recognize the both disabled and nondisabled. for an accommodation by a create third-party benefits has possibility of third-party bene- Moreover, many new technolo- disabled person often benefits been overlooked by various deci- fits. Accommodations can, how- gies have been developed because other people. And this simple sion makers and academics. ever, create a wide variety of ben- of the need created by disabil- example also opens the door to Courts have evaluated accom- efits for a wide variety of people. ity, but have found other uses. a broad conceptual point: Dis- modations by comparing the For example, ramps or eleva- Examples include closed-cap- ability accommodations are cru- costs of the accommodation tors are useful for anyone on tioning, voice-to-text technolo- cial to the integration of disabled to the employer with the ben- wheels or toting objects on gies, scanners, and large-print workers under the Americans efits to the disabled employee wheels. Less obvious types of with Disabilities Act (ADA), not requesting the accommodation. third-party benefits range from only because they enable dis- And both courts and agencies health and hedonic benefits to abled workers who need them to have also considered the poten- experimentation benefits. For web exclusive work, but because accommoda- tial costs these accommodations instance, ergonomic furniture Download the ebook that includes this essay. tions affect other people in the might impose on third parties, and office design, air-filtering law.columbia.edu/ workplace. In short, integrating such as coworkers. But despite systems (as for an asthmatic mag/at-issue

56 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 mind, has an important role to play in furthering the integrative aims of the ADA by improving attitudes to disability and the ADA. Workers whose jobs are made easier, whose work lives are improved, by changes to the workplace due to a disabled colleague, are likely to develop more favorable attitudes. Second, to see that changing the environment helps both disabled and nondisabled people work more effectively helps us see that disability is not merely an individual medical problem, but is a product of the surrounding social environment. Recognizing that the environment can enhance or diminish everyone’s ability helps us to see why the ADA requires changes to the environment. Third, taking account of third-party benefits may help secure the ADA’s place in the antidiscrimination scheme. books and readers. Accommo- redistributes the heavy lifting, Many new Whether the ADA is perceived dations may also involve experi- creating costs for coworkers. Or technologies have to create costs or benefits to menting with new workplace the employer could minimize coworkers surely has effects on been developed processes and policies, such as costs to coworkers by purchasing how coworkers, and employers, telecommuting initiatives or new limited-use equipment that other because of the understand the statute. If the supervisory techniques. employees could use when the need created by statute continues to be under- It makes sense that disabil- disabled employee was not using disability, but stood as all about costs and ity would prompt changes that it. Most broadly, the employer have found other redistributive handouts, that benefit many workers, because could examine the workplace and will hinder employer compli- we are all in some sense on a make changes—such as imple- uses. Examples ance and public support. disability continuum. Think, menting moving shelves—to include closed- And, finally, appreciating the for example, of curb cuts. Curbs minimize lifting for all workers. captioning, third-party benefits of integrat- require everyone to step up. This last solution would benefit voice-to-text ing accommodations helps shift This creates a cost for anyone not only the disabled employee, technologies, the societal lens on disability. It with slightly bad knees, and in or future disabled employees, but helps us see a range of ways that fact, creates a minimal cost for nondisabled coworkers. scanners, and disability gives back to the larger everyone. But it takes a subset Clearly, then, accommodations large-print books community, offering insight, of the population who travels may create third-party benefits and readers. perspective, and innovation that on wheels, who cannot traverse that enhance welfare for many can improve the workplace for the curb at all, to prompt a workers. And such improve- all workers. Understanding the change that eliminates the cost ments in general employee interaction between accommo- of stepping up for everyone. welfare do seem like a good dations and the broader work- The design of accommoda- thing. But the statute requiring place can help us design and dis- tions may determine whether or these accommodations is not, cuss accommodations in a way how many benefits accommoda- of course, called the Americans that will promote both the aims tions create—or even whether Act. It is the Americans with in at least four ways. First, the of the statute and the prospects they create third-party costs or Disabilities Act. And its aim is ADA’s central goal is to integrate of disabled people. benefits. Take the example of an not to improve everyone’s wel- people with disabilities into the employee whose back problem fare, but to remove barriers to workplace. Recognizing the T his essay was reprinted from prohibits her from lifting heavy employment for disabled people. fact of third-party benefits, and the Sesquicentennial Essays of objects. An employer could pro- Third-party benefits can, designing and describing accom- the Faculty of Columbia Law vide an accommodation that however, further the ADA’s goals modations with these benefits in School. © 2008 Elizabeth Emens

ILLUS TRATION BY dan page LAW.COLUMBIA.EDU/MAGAZINE 57 class notes: S taying in Touch

Columbia Law School graduates from around the world share news of their professional and personal accomplishments

1934 Malo c lm S. Mason, LL.B., was also recognized in the 2011 who graduated at least 50 years ness intelligence services at the recently discovered a long-lost edition of Chambers USA as ago. After graduating from New York City office of Alvarez manuscript of an unpublished a leader in the field of general Columbia Law School, Ward & Marsal. He has worked in book he was commissioned to commercial litigation. served as an assistant U.S. the corporate investigations write in the 1930s by Professor Attorney for the Southern Dis- business for the past 27 years, Julius Goebel Jr. ’23 LL.B., 1955 trict of New York before join- including stints with Kroll, the renowned legal histo- Leonard M. Wagman, LL.B., ing Rosenman Colin Freund Deloitte, and Navigant. Brod rian. Mason spent four years has retired from his position as Lewis & Cohen as an associate. was also founder and CEO of researching the book—titled an administrative law judge for She later became a partner at Citigate Global Intelligence. 1485: Control of Business in the National Labor Relations Emil, Kobrin, Klein & Garbus. the Early Tudor Period—and Board. Wagman continues to Ward was also a faculty mem- William A. Dreier, a mem- though it was never published, practice labor relations arbitra- ber at the John Jay College of ber of Norris McLaughlin & a 1940 article in the Yale Law tion in Maryland. Criminal Justice. She has two Marcus in Bridgewater, N.J., Journal described the work sons, Lawrence and Jonathan, has been elected as a fellow as “lovely.” He has managed to 1957 both of whom are lawyers. of the College of Commercial salvage the introductory chap- Thomas W. Evans was named Arbitrators, one of the counter of the yellowing, crumbling of counsel at the Washington, 1959 try’s most exclusive com- manuscript. It can be down- D.C., office of Fulbright & Alfred J. Boulos serves as mercial arbitration groups. loaded at the Social Sciences Jaworski. A former speech- principal and senior counsel He will be inducted at the Research Network website. writer for President Richard to Grundy & Associates, a organization’s annual meeting Nixon and a former adviser Houston firm specializing in this year, which will be held 1949 to President Ronald Reagan, international oil and gas mat- in Denver in October. Dreier Edward J. Barshak, LL.B., Evans is the author of The ters. A former senior director heads Norris McLaughlin & a partner in the Boston firm Education of Ronald Reagan. with Conoco and former senior Marcus’ worldwide products Sugarman, Rogers, Barshak & He is currently working on a counsel for Mobil, Boulos liability practice, in addition Cohen, was recently honored new book about Nixon that has worked across the globe, to supervising commercial by the Lawyers’ Committee for will include an examination with an emphasis on Europe, litigation for the firm. Civil Rights Under Law of the of the former president’s the Middle East, Africa, and Boston Bar Association with China diplomacy. Southeast Asia. Robert I. Kleinberg serves on its Civil Rights Leadership the boards of several nonprofit Award. The committee praised Renée J. Ward has been 1961 organizations, including New Barshak, a member of its board, named chairwoman for the Ernest Brod began working York Lawyers for the Public for championing civil rights Stone Circle, which is com- this past June as managing Interest, a civil rights law firm throughout his career. Barshak prised of Law School alumni director and leader of busi- (continued on page 60)

58 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 class of: ’67

g eorge kellner St aYING fOCUSED

When George Kellner ’67 explains the mission state- From its founding in 1981, Kellner DiLeo was focused ment behind his 30-year-old hedge fund, Kellner DiLeo & on merger arbitrage, but the firm has expanded into dis- Co., he puts into clear relief the tectonic shifts that have tressed and high-income securities, as well as matched- occurred on Wall Street over the past 30 years. “The book securities lending. With just 30 employees, Kellner underlying theme was always to align my interests with DiLeo is a case study in focus and restraint. “I didn’t want those of my first investors, which just so happened to be to be the richest, or to be the Babe Ruth of the hedge- my mother, father, and some close friends,” he says with fund world,” he says. “I wanted to be here through thick a quick chuckle. and thin. Of course, you have to take some risks to make Kellner’s family immigrated to the United States from money, but I wanted the risks to be disproportionate to Hungary in 1947, and he has not lost an affinity for his the rewards. I don’t like bell-shaped curves, I like positive roots. In 2009, the government of that country awarded asymmetrical curves.” him its Officer’s Cross of the Order of Merit for his support of Hungarian students in the Kellner remains steadfast in his United States, and for supporting the Ameri- support of the company’s goals, can studies discipline in Hungary. always maintaining a watchful eye Kellner is proud of the honor, and his work on the big picture. offering young people practical assistance to build toward long-term success reflects the methodical hand with which he guides his company. He remains steadfast in his support of the company’s goals and always maintains a watchful eye on the big picture.

LAW.COLUMBIA.EDU/MAGAZINE 59 that works to achieve social or heroine who has contributed Pacific, Murrie served as a nonprofit strategy adviser. justice goals. Now retired, substantially to the enrichment legal consultant for the U.S. He also serves as an executive Kleinberg previously worked of New York City. State Department, the World mentor at Columbia Business for White Weld, Merrill Lynch, Bank, and the United Nations, School and as a member of Oppenheimer and Co., Schulte 1966 among other organizations. the advisory committee for Roth & Zabel, and National Robert Eisenstadt and his the Columbia Libraries. Financial Partners. He served wife, Margaret, celebrated their 1967 as general counsel at Robeco 44th anniversary this past May. Martin Berg runs a boutique Charles J. Moxley Jr. of New before retiring in 2006. They enjoy the pace and diver- law practice in Miami. Berg’s York City is the new chair of sity of New York City and live practice focuses primarily on the 2,671-member dispute 1962 within walking distance of the commercial and family law. resolution section of the New Theodore E. Calleton, a academic, cultural, and sporting York State Bar Association. partner with Calleton, Merritt, events held at Columbia. An adjunct professor at De Francisco & Real-Salas Fordham University School in Pasadena, Calif., received Karl B. Holtzschue remains of Law and the Distinguished the 2011 Arthur K. Marshall active with the real property Alternative Dispute Resolution Award for his achievements law section of the New York Practitioner in Residence at in the practice of probate and State Bar Association, which Benjamin N. Cardozo School trust law, the education of he chaired in the past. His of Law, Moxley is of counsel to the probate and trust bar, the book Holtzschue on Real Estate Kaplan Fox & Kilsheimer. He advancement of knowledge Contracts and Closings is now is a widely published author through significant writ- available on Kindle. focusing foremost on dispute ings, and public service to resolution issues, particularly the bar and the community. Thomas C. Homburger is a in the area of best practices of Established in 1981 by the partner with K&L Gates in Steven H. Steinglass was arbitrators in handling large trusts and estates section of Chicago. He has been active appointed Distinguished and complex commercial and the Los Angeles County Bar over the years with the Anti- Visiting Professor at the international cases. Association, the award honors Defamation League, serving Widener University School leaders of the Los Angeles–area as the chair of the Chicago of Law in Wilmington, Del., Neil A. Smith was recog- probate bar who have made an regional board, chair of the for the fall 2011 semester. In nized in the 2011 edition of outstanding contribution national civil rights commit- the spring 2012 semester, Chambers USA, the annual to the community and the tee, chair of the national exec- Steinglass will be a visiting pro- publication of legal-ranking legal profession. utive committee, and presi- fessor at Case Western Reserve company Chambers and dent of the Anti-Defamation University School of Law. Partners, in the category of Richard Cummings wrote a League Foundation. He has taught at Cleveland “Intellectual Property: Trade, new novel, Prayers of an Ibo Homburger and his wife, State University’s Cleveland- Copyright, and Trade Secrets.” Rabbi, which will be pub- Louise, have been married Marshall College of Law since Smith is a partner at Ropers lished by Africana Homestead for 46 years. They have three 1980, served as dean of that Majeski Kohn & Bentley’s Legacy Publishers in early children, two sons-in-law, and school from 1996 to 2005, and offices in San Francisco and 2012. Cummings is the author five grandchildren. is now dean emeritus. San Jose. of several plays and novels, as well as a biography of activist Joseph John Murrie has 1969 Edgar G. Walker has been Allard Lowenstein. retired and lives in Kerikeri, Michael Garrett has been named to the board of direc- New Zealand, with his wife, named to the board of directors of the Columbia Law William J. Dean received the former IMF senior economist tors of the Columbia Law School Association. Walker 2011 Brooke Russell Astor Marie Montanjees. The couple School Association. Garrett serves as a justice of the New Award from the New York moved to New Zealand in is an independent attor- York State Supreme Court Public Library. The award hon- 2006. After a 20-year banking ney, executive coach, board (Bronx County), a post to ors an unsung community hero career in Asia and the South member, and business and (continued on page 62)

60 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 class of: ’81

Maria Foscarinis T he GoOD fIGht

Among the myriad misconceptions that exist about the challenges in raising enough funds to address growing homelessness epidemic in this country, one in particular needs. In response, the former Columbia Law Review notes stands out for Maria foscarinis ’81, executive director of and comments editor and current litigation associate at the National Law Center on Homelessness & Poverty. Sullivan & Cromwell is tapping her network of old class- “It’s that people are homeless because they want to be, mates and colleagues, upon whom she relies to provide and that there are resources available but they refuse to pro bono work—the lifeblood of her organization. use them,” Foscarinis explains. “I think that is a myth that is “I really feel this country can solve the problem of home- beginning to erode because so many people are now los- lessness,” she says. “This is not like a disease that we just ing their homes.” don’t have a remedy for. It comes down to mustering the Over the past 30 years, Foscarinis has dedicated her sufficient political will and finding the additional resources professional life to solving the obstinate and vexing prob- to solve the problem.” lem of poverty and homelessness in America. Along the way, she has played a role in nearly over the past 30 years, Foscarinis every federal legislative effort to combat the has played a role in nearly every problem and filed major litigation to defend federal legislative effort to society’s most vulnerable. combat homelessness in America. Because of a 20 percent spike in family homelessness over the past three years, the need for an organization like the National Law Center on Homelessness & Poverty has never been greater. But like most leaders of nonprofit organizations, Foscarinis has faced

LAW.COLUMBIA.EDU/MAGAZINE 61 which he was elected this past he finds enjoyable and whose current practice six years ago. business immigration group January. A former judge with matters interest him. He and his wife, Barbara, at Kramer Levin Naftalis & the New York City Civil Court, have been married for 42 Frankel, where he is a partner. Walker is a longtime member Arthur S. Kaufman retired years and have three children He is a past president and gen- of the board of directors and from Fried, Frank, Harris, and four grandchildren. eral counsel of the American advisory committee for the Shriver & Jacobson last year Immigration Lawyers Thurgood Marshall Moot but continues to teach at the 1972 Association and a lecturer-in- Court Competition for middle Law School. His wife, Susan, is Edwin A. Harnden was named law at Columbia Law School, school students. a court attorney/referee for the The Henry H. Hewitt Access where he teaches an advanced New York State Unified Court to Justice Award recipient seminar on immigration law 1971 System. They have been mar- for 2011 by The Lawyer’s and policy. Barbara Ann McGuire Cook ried for more than 40 years, Campaign for Equal Justice serves as in-house counsel have two married sons, and and Barran Liebman, a 1973 for Rheem Manufacturing recently became grandparents. Portland, Ore., firm where he is George F. Hritz has joined Company. A fourth-generation a managing partner. The award Thompson & Knight as coun- Manhattanite, she moved with Angela M. Mazzarelli was recognizes an individual whose sel in the firm’s expanding the company in 2006 when it honored this past June by commitment to the ideal of New York City operations. relocated its corporate head- the New York Women’s Bar equal justice under the law has Hritz specializes in litigation, quarters from New York to Association, which presented made a substantial contribu- arbitration, and other types of Atlanta. She and her husband, her with the organization’s tion to legal aid for low-income dispute resolution. With more David, are celebrating their Doris S. Hoffman Service Oregonians. Harnden was than 35 years of experience, he 40th wedding anniversary this Award. Mazzarelli is an associ- also named the 2011 Legal has tried, managed, and oth- year. They have two sons. ate justice with the Appellate Leader of the Year by the Daily erwise resolved large-scale dis- Division of the New York State Journal of Commerce. The putes for major financial insti- James U. Jensen founded Supreme Court. award honors lawyers who tutions and other well-known his own Salt Lake City prac- devote their time to commu- companies in numerous indus- tice, ClearWater Law & Peter C. Salerno and his nity and industry service, men- tries and venues throughout Governance, after previously wife, Amy Rothstein, relo- toring, and leadership. the world. retiring from a long career cated to Pine Plains, N.Y., this in executive management, summer. There, they expect William Thomashower technology development, and to continue practicing law, lectured and presented papers business entrepreneurship. mediation, and arbitration, this past March at the eighth Jensen’s daughter, Leah Jensen commuting to New York City annual Intellectual Property Bennion, also practices at the as needed or desired. Law Seminar in Washington, firm. His family has now prac- D.C. Thomashower, a partner ticed law continuously in Utah Lynne Rothschild Stern at Schwartz & Thomashower since 1903, when his grandfa- works in New Orleans mediat- in New York City, contrib- ther, A.W. Jensen, was admit- ing cases involving employ- uted to a session titled “Year ted to the bar just seven years ment disputes, hurricane in Review: Trademark and after Utah became a state. insurance, construction, and Copyright Update” and led a Jensen’s firm is sponsoring the personal injury matters. session titled “Ethical Issues in Green River Conference on Theodore “Ted” Ruthizer IP Representations.” Corporate Governance in Salt Theodore M. Weitz owns a was named to Human Resource Lake City this year. small firm in Westchester and Executive magazine’s Most 1974 New York City specializing in Powerful Employment Attorneys Frank L. Politano, a part- Ronald S. Kahn is retired and emerging companies, technol- list for the third consecutive ner at K&L Gates’ office in living on a farm in northwest- ogy transactions, and counsel- year. Ranked among the maga- Newark, N.J., has invented a ern New Jersey. He continues ing and alternative dispute zine’s top 20 immigration law- consumption investment sys- to work with one or two clients resolution. Weitz started his yers, Ruthizer is co-chair of the (continued on page 64)

62 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 B en Wiener Roads Less Traveled

Ben Wiener ’96, the founder of Portofino Equity Advisors, as an “entrepreneurial dealmaker.” In 2006, he founded has an affinity for the famed Robert Frost poem “The Road Portofino Equity Advisors as a sort of “sweat-equity mer- Not Taken,” particularly the line that reads: “Two roads chant bank,” he explains. “I create business ventures in diverged in a wood, and I—I took the one less traveled by. partnership with other companies and entrepreneurs. I get And that has made all the difference.” great satisfaction when I can spot solid economic oppor- When Wiener graduated from Columbia Law School, he tunities and put the pieces together to capitalize on them.” intended to follow a set path: work for a big law firm before Although Wiener ultimately returned to the life plan he transitioning into business. But Wiener had that poem in initially laid out, his year-long detour still ranks among his mind when he instead began his career with a clerkship for most satisfying decisions. “My clerkship in Israel,” he says, a judge on Israel’s Supreme Court in Jerusalem. “was an inspirational experience.” During his clerkship year, Wiener spent two months con- ducting comparative research for Israel’s first-ever sexual Wiener’s year-long detour harassment case, which stood to establish legal precedent clerking at the Israeli Supreme on the issue in Israel. In the court’s final opinion, the judge Court ranks among his most that Wiener worked for established a plaintiff-friendly satisfying career decisions. standard for sexual harassment offenses based on the American standard. “I had an incidental and unlikely bit part in Israel’s movement to cleanse itself of sexual harassment,” recalls Wiener, now a father of seven. A year after his clerkship ended, Wiener and his family moved back to Jerusalem, and he has since built a career

class of: ’96

LAW.COLUMBIA.EDU/MAGAZINE 63 tem, for which he has obtained & Wagner. She also provides zation has more than 26,000 the World Monuments Fund, a U.S. patent. The system consulting services to expats members, 1,600 of which which undertakes archaeologi- allows consumers to accrue on Internal Revenue Service are active with the nonprofit cal and restoration projects in benefits based on the value offshore tax compliance initia- committee. Greenwood is vice approximately 36 countries. of their consumables—pur- tives at her Jerusalem firm, president and general coun- He and his wife, Nora, live in chased items such as gasoline Adlerstein Consulting Ltd. sel of the National Student Princeton, N.J. They have two or groceries, or services like Adlerstein recently lectured on Clearinghouse in Herndon, Va. sons, Alex and Ian. telecommunications. tax compliance at an American She and her husband, Ralph, Immigration Lawyers live in northern Virginia. Richard H. Weisberg Association conference in was named by President Germany and is writing an Kenneth A. Hicks and his Barack Obama to the White article on the Foreign Account wife, Anne Rothman-Hicks, House Commission for the Tax Compliance Act. have written and illustrated Preservation of America’s a children’s book titled Mr. Heritage Abroad. Weisberg Frederick U. Fierst works Happy Man. The book, for is the Walter Floersheimer as an international licensing children aged 7 to 11, is avail- Professor of Constitutional Law and entertainment lawyer able on Amazon Kindle and at Benjamin N. Cardozo School at Fierst, Pucci & Kane in will soon be available for the of Law and will be a visiting Northampton, Mass. Fierst Barnes & Noble Nook, the professor of law at Georgetown has overseen several high- Apple iBook, and on iTunes. University this fall. In 2009, profile film, television, and Hicks is an attorney at Weis- Robert Dale Klein practices Weisberg was awarded the video game deals, and he is an man, Celler, Spett & Modlin in product-liability defense in Legion of Honor by the govern- executive producer of the new New York City. Annapolis, Md., at Wharton ment of France in recognition Conan the Barbarian film, Levin Ehrmantraut & Klein. of his work with the U.S. State which was released in August Lawrence O. Kamin retired He is planning the 27th annual Department and French offi- of this year. last year after 34 years litigat- supplement to his book on cials in providing restitution ing at Willkie Farr & Gallagher. Maryland civil procedure. Klein from France to victims of the Bruce Givner practices in He plans to blend retirement also performs country music wartime Vichy regime. Los Angeles at Givner & Kaye, with financial planning for a on the local singer-songwriter specializing in estate tax and small group of clients, and to circuit. He and his wife, Trisha, James N. Westwood was retirement planning, asset pro- split time between New York have been married for 33 years elected to the board of direc- tection, and capital gains plan- and Miami Beach. and have three children. tors of the Multnomah Bar ning, among other areas of tax Foundation in Portland, Ore. law. Givner and his wife, Kathy, John J. Kerr is of counsel to Thomas L. Klug is establish- Westwood, a partner and appel- have been married for 29 years Simpson Thacher & Bartlett, ing a consulting firm offering late lawyer with Stoel Rives, is a and have two children. where he practiced for more litigation support and expert former member of the board of than 31 years before retiring witness services in New York directors of the Classroom Law Janine Greenwood was in 2009. He practices full- City. He previously served in Project. He previously chaired elected chair of the nonprofit time as an arbitrator with the deal and management roles at the appellate practice and con- organizations committee of firm, working on complex large investment banks, includ- stitutional law sections of the the Association of Corporate cross-border disputes, including Drexel Burnham Lambert Oregon State Bar. Counsel, the world’s largest ing investors’ claims against and Lehman Brothers, as well organization serving the pro- foreign states, mergers and as at mid-sized and boutique 1976 fessional and business interests acquisitions, and licensing. Kerr investment banks. Klug has Jo Anne C. Adlerstein has of attorneys who practice in the continues to serve on the board served for decades as an officer lived in Jerusalem since 2008 legal departments of corpora- of the American Arbitration and director for various out- and continues to practice tions, associations, and other Association, where he chairs doors organizations. Among his remotely at the New York City private-sector organizations the executive committee. Kerr achievements in that realm is firm Cohen Tauber Spievack around the globe. The organi- also recently joined the board of (continued on page 66)

64 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 Bn i ta niambi Brown d riveN to achieve

Binta Niambi Brown ’98 decided early on that she wanted advising on corporate governance issues and her pro bono to be a lawyer—at age 10, to be exact. And the Arlington, activities focused on human trafficking, women’s rights, Va., native’s precocity didn’t stop after grade school. and economic development initiatives in war-torn regions. Two years ago, Brown became one of the youngest As a one-time adviser to Hillary Clinton and a member Barnard College trustees in the history of the school. This of Governor Andrew Cuomo’s transition team, Brown has year, the partner at Kirkland & Ellis in Manhattan received also dabbled in politics. She advised Clinton’s 2008 presi- the Women of Power and Influence Award from the National dential campaign in an informal capacity on national secu- Organization for Women and was named to Crain’s “40 Under rity issues, with a focus on human rights and international 40” list—alongside New York Knick Amar’e Stoudemire and institutions. But don’t expect Brown to throw her name in Foursquare founder Dennis Crowley, among others. the political arena as a candidate. “I am totally committed As an unrepentant polymath, Brown these days is find- to the private sector and to growing businesses—to under- ing a balance between her primary work at Kirkland & Ellis standing my business clients’ problems and giving them the best possible advice,” Brown says. “I love Brown’s extensive pro bono work working with early-stage businesses and focuses on human trafficking, women’s helping figure out how to put them together, rights, and economic development in and I relish addressing the complex, sophis- war-torn regions. ticated corporate governance problems of more mature businesses. And I particularly like working with businesses that include in their overall strategy a willingness and desire to address social problems.”

class of: ’98

P HOTOGRAPHED BY ????? LAW.COLUMBIA.EDU/MAGAZINE 65 the initiation and passage of a co-chair of Axinn, Veltrop & Greensboro, N.C. Carrow is Jewish Committee’s 2011 New York law for the donation Harkrider’s complex litigation founder and chief executive Judge Learned Hand Award of venison to food banks, result- group, Rohback was one of 14 officer of the sports consulting in recognition of his lifelong ing in several million meals. litigators to receive the annual firm Sports & Properties Inc., commitment to the legal pro- honor from the publication, which works to bring sport- fession and his contributions Ho ward R. Reiss currently which lauded his deft defense ing events to his home state of to institutions that enhance practices with the law firm of The Hartford Insurance North Carolina. the quality of life in the Reiss Eisenpress & Sheppe Co. in a large class-action law- Philadelphia area. The award in New York City. He works suit. A jury rejected almost all Mark H. Hess, partner in the was established in honor of primarily as an arbitrator claims by the plaintiffs—com- tax and estates department the senior judge of the United and mediator, though he also prised of automotive repair of Fox Rothschild, spoke at States Court of Appeals for the handles commercial litiga- shops—that Hartford engaged an Israel-America Chamber Second Circuit from 1924 to tion matters and represents in unfair trade practices. of Commerce seminar titled 1951 and is presented to lead- parties in arbitrations. During his 33-year career, “Commercial Real Estate in ers in the legal profession who Rohback has handled class the United States—Yes, No demonstrate dedication to the 1977 actions and complex com- and How” in Tel Aviv this past American legal tradition and mercial litigation on matters as December. He discussed the the spirit of civic activism. diverse as antitrust and anti- taxation of foreigners investing terrorism litigation. in U.S. real estate. Hess and his Juan Cartagena was named family moved to Israel in 2002, president and general counsel 1979 and he now divides his time of LatinoJustice PRLDEF, Mitchel E. Ostrer was elevat- between the firm’s U.S. offices an organization that uses the ed to the Appellate Division and his home in Jerusalem. power of the law together with of New Jersey’s Superior education and advocacy to pro- Court. Ostrer was appointed Alaine S. Williams, an tect civil rights, cultivate Latino to the bench in 2003 by then employment, labor, and work- leaders, and boost civic partici- Governor James E. McGreevey. ers’ compensation lawyer with pation. Cartagena is a constitu- He began his judicial career in the Philadelphia union-side tional law and civil rights attor- the civil division in the Mercer law firm Willig, Williams & ney with extensive litigation Steven L. Winter, the Walter Vicinage, moving to the fam- Davidson, was recognized in experience in the areas of voting S. Gibbs Professor of ily division in 2004 and to the the 2011 edition of The Best rights, employment discrimina- Constitutional Law at Wayne criminal division in 2007. Lawyers in America, a legal tion, education, and language State University Law School, publication in which she has rights. He served as a staff will be honored for his work as Robert M. Zabb has been hired been listed since 1999. attorney at LatinoJustice in the a philosopher and legal theo- by Motley Rice to help the firm 1980s and is a former Hoboken, rist by the Dutch Association meet increasing client needs in 1981 N.J., municipal court judge. of Legal Philosophy and its securities, consumer fraud, Rechtsfilosofie & Rechtstheorie, occupational disease, and toxic Edward A. Godoy was selected the leading Dutch journal of tort practice areas. Zabb joins to serve on the U.S. Bankruptcy legal philosophy. Winter is the the firm with more than 20 years Court for the District of Puerto first faculty member at Wayne of securities and consumer Rico. Godoy has worked as a State Law School to hold an fraud litigation experience. He trial attorney at the Department endowed chair. is based in Los Angeles. of Justice’s Office of the United States Trustee in San Juan, 1978 1980 Puerto Rico, where he has Thomas G. Rohback was Hill Carrow served as chair- practiced for the past 10 years. listed among the country’s top man of the 2011 AT&T U.S. Michael L. Banks, a partner at He will be based in Ponce, “winning litigators” by The Figure Skating Championships Morgan Lewis & Bockius, was Puerto Rico. Before joining National Law Journal. The held this past January in presented with the American (continued on page 68)

66 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 class of: ’00

A rin Greenwood N oveL Ideas

Law and literature have long been familiar bedfellows. From wealth’s Supreme Court. Thereafter, she helped develop John Grisham to Scott Turow to David Baldacci, many a the first-ever refugee program in the small western Pacific one-time lawyer has found later success writing fiction. But island territory, primarily for Chinese applicants concerned ask a recent member of that club, Arin Greenwood ’00, about religious persecution or China’s one-child policy. Back why attorneys oftentimes make great novelists, and she stateside now, Greenwood is recently married and living in flips the equation on its head. Washington, D.C. She is hard at work on her second novel, “I think it is the inverse; people who are great writers and while she is not looking to return to practicing law full often end up as lawyers,” she says. “Both require good time, she acknowledges the imprint legal practice has left ideas, and working with language and people’s stories. on her. “I think about going back [sometimes],” she says. Both also require a mix of creative and analytical thinking.” “I am still very interested in asylum law, and I love learning In January, Back Porch Books published Greenwood’s first about what is going on in the immigration world. I still really book, Tropical Depression. While technically a novel, it is fair enjoy thinking about the law. And that will never change.” to say that portions of the tale are borrowed from Greenwood’s personal experiences. The “People who are great writers often end protagonist is a young legal graduate who up as lawyers.” —Arin Greenwood jets off to a fictional tropical island where she works as a law clerk and pursues an array of professional and social adventures. In 2002, Greenwood left her job as an associate at Dechert to undertake a clerkship in the Northern Mariana Islands with Miguel S. Demapan, chief justice of the common-

LAW.COLUMBIA.EDU/MAGAZINE 67 the Department of Justice, Su san Charkes is the author managing director in strategic Bonime-Blanc chairs the board Godoy practiced for 15 years at of AMC’s Best Day Hikes Near finance at Bear Stearns. of the Ethics & Compliance Feldstein, Gelpi & Gotay. Philadelphia, which was pub- Officer Association, a nonprofit lished last year by Appalachian group whose members com- Thomas M. Molchan Mountain Club. Based in prise the largest organization currently serves as president of southeastern Pennsylvania, of ethics and compliance prac- the Delaware Valley chapter of Charkes provides consulting titioners in the world. the Association of Corporate and communications services Counsel, which has more than to several nonprofit land trusts. Mark Kass, a partner at Nixon 1,100 members. Molchan is Peabody, was recognized as a recipient of the chapter’s Donald E. Vaughan co-chairs a leader in the category of Leadership Excellence Award the real estate practice group corporate/M&A and private in recognition of his contribu- at the Boston office of Burns & equity in the 2011 edition of tions to the chapter over the Levinson, where he is a part- Chambers USA: America’s past several years. He is senior ner. Vaughan is also active in a Leading Lawyers for Business. vice president and associate number of charitable organiza- Robin J. Wright has been Kass’ industry expertise spans general counsel at Aramark tions, including Greater Boston named a shareholder at information technology, life in Philadelphia. Legal Services and the Boston Gevurtz Menashe Larson & sciences, new media, and Early Music Festival. Howe. Based in Portland, Ore., telecommunications, and 1982 the firm is one of the largest in he has extensive experience Esta E. Stecher, who has 1984 the country that has a practice in international transac- served as co–general coun- Gabriella Jordan is presi- limited to divorce and family tions taking place in Europe, sel at Goldman Sachs since dent of the education divi- law. Wright has been with Israel, and the Far East. Much 2000, was named chief execu- sion of the Handel Group, an Gevurtz Menashe as an associ- of his practice is devoted tive officer of the company’s executive-coaching company ate since 2002. She concen- to representing Israeli and deposit-taking bank unit, based in New York City. For trates her practice on a broad Israeli-related high-tech and Goldman Sachs Bank USA. several years, Jordan’s divi- range of family law issues, life-science companies doing Stecher remains a member sion has taught a course called including divorce, custody and business in the United States. of Goldman’s management “Designing Your Life” at New parenting time, domestic vio- committee, client and busi- York University, MIT, and lence, abuse and neglect, and Pamela C. Scott has been ness standards committee, and Stanford Business School. She juvenile matters. Wright is a named to the board of direc- steering committee on regula- and her husband, Robert, have member of the Oregon State tors of the Columbia Law tory reform. She is also co- two teenage daughters. Bar, the executive committee of School Association. Scott chair of Goldman’s compensa- the family law section and serves as general counsel for tion policy committee. Stecher is Kim Leslie Shafer recently juvenile law section, the human resources at Citigroup, a Columbia University trustee joined the Center for Financial Multnomah Bar Association, where she leads a team that and a member of the Dean’s Stability, a new nonparti- the Washington County Bar advises the company on U.S. Council at the Law School. san, nonprofit organization Association, and Oregon and global compensation and in New York City aimed at Women Lawyers. benefits matters. 1983 working toward a more stable Anne Barschall is a patent financial system. Prior to join- 1985 Richard K. Sherwin, LL.M., attorney with experience in pat- ing the center, where she is Andrea Bonime-Blanc released a new book, Visualiz- ent drafting and prosecution a senior fellow, Shafer was a has been named senior vice ing Law in the Age of the Digital in the areas of electronics, soft- senior research consultant to president for global corporate Baroque, this past June. The ware, physics, and mechanical the Financial Crisis Inquiry responsibility and risk man- book, published by Routledge, devices. She has been handling Commission, which released agement at Verint Systems Inc., explores the impact of visual various matters for the Garden its report on the causes of the a Nasdaq-listed international digital technologies on the prac- City, N.Y., law firm of Scully, crisis this past January. She enterprise software company tice and theory of law. Sherwin Scott, Murphy & Presser. served previously as a senior headquartered in Melville, N.Y. (continued on page 70)

68 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 Pernille Ironside Fn ro t AND Center

For many Columbia Law School graduates, workplace pro- York City headquarters. But the next humanitarian crisis ductivity is measured in the form of hours billed, or cases (she cites the Horn of Africa as the world’s most pressing successfully litigated. But for Pernille Ironside ’02 LL.M., currently) is always just around the corner. that measure comes in the form of children—specifically, “After being so deeply embedded in one country, this the number of children whose lives she has helped save. new role, in which my team and I work on 15 to 20 ‘hot Between 2005 and 2008, while working as a child pro- spots’ at any given time, has been a fantastic transition and tection specialist with the United Nations Peacekeeping given me a much deeper overview globally,” she says. “I Mission and then with UNICEF in the Democratic Republic am very happy to help my colleagues on the front lines, as of Congo, Ironside was able to successfully negotiate the I know what it feels like to need support in those difficult release of thousands of child soldiers. and isolating situations. But I fully intend to return to the “Law, for me, has been a framework for understanding field once this assignment is up.” rights, especially children’s and women’s rights in situations of armed conflict, and for preventing and respond- Ironside has a unique metric ing to abuses; war zones are precisely where rights are for workplace productivity: violated in the most grave way,” she says. “Columbia the number of children whose allowed me to further sharpen my tool kit for those chal- lives she has helped save. lenging contexts.” After 10 years of working in some of the world’s most war-ravaged territories, Ironside has settled into a more managerial role on child protection in emergencies at UNICEF’s Programme Division in the organization’s New

class of: ’02

Photographed by sophie kinachtchouk is a professor at New York Law has been based in Asia for sentative at the Shanghai office counsel of U.S. markets at School, where he founded and 11 years, primarily in Tokyo. of Davis Wright Tremaine. MasterCard Worldwide in leads the Visual Persuasion He previously worked for 13 Westchester County. Project, which promotes a bet- years in corporate practice in Lori Landew, a partner in ter understanding of law in the New York. the Philadelphia office of Joshua Wayser, a partner at visual-dominated digital era. Fox Rothschild, was recently Katten Muchin & Rosenman, appointed to the Philadelphia was appointed managing part- Daniela Weber-Rey, LL.M., Music Alliance’s board of direc- ner of the firm’s Los Angeles a partner at Clifford Chance tors. Landew has more than 20 office. Wayser concentrates his in Frankfurt, Germany, was years of experience providing practice on real estate matters, decorated as a Knight of the legal and consulting services to banking and insolvency, and rep- Legion of Honor this past clients in the media and enter- resenting lenders, financial insti- May by French President tainment industries, primarily tutions, developers, and property Nicolas Sarkozy for her work in music, television, and film. owners in a broad range of litiga- and achievements in promot- As an entertainment counsel tion. He has appeared before ing French-German coopera- and adviser, Landew regularly state, federal, and bankruptcy tion. Weber-Rey continues negotiates and drafts complex courts on real estate and banking to serve on the Commission agreements. Her clients include matters around the country. of the German Corporate N ancy J. Laben lives in multinational corporations, Governance Code, the Chicago and works out of cultural institutions, closely 1989 administrative board of BNP AECOM’s New York and Los held businesses, and individual Paribas, on the firm’s global Angeles offices. She recently artists and creators, as well as Partnership Council, and as a joined the technical and man- well-known entertainment and stakeholder at the European agement support services pro- media executives. Insurance and Occupation vider as senior vice president, Pensions Authority. legal, and general counsel. 1988 Laben oversees all aspects of David F. Bayne has been elected 1986 AECOM’s global legal func- twice to the board of select- Florence A. Hutner is deputy tions and leads its team of men in Darien, Conn., where commissioner of the New York more than 45 lawyers and he lives with his wife, Carolyn, City Mayor’s Office to Combat compliance professionals. and their two children. Bayne Domestic Violence. Hutner Prior to joining AECOM, she commutes to New York City, has worked in city govern- worked for 21 years at where he is a partner and com- ment for more than 20 years. Accenture, where she served mercial litigator at Kavanagh Irwin R. Kramer, LL.M., has Prior to her current post, she as general counsel. Maloney & Osnato. announced his litigation firm’s served as an attorney and relocation to The Offices at general counsel with the city’s 1987 Nadia a. Dombrowski Ebaugh House, a historic Department of Correction, Ron (Rongwei) Cai, LL.M., received the Pamela L. Carter building in Reisterstown, Md. general counsel at the city’s has been appointed to serve Award from InsideCounsel, As managing partner of Department of Probation, and as an arbitrator for the China a monthly magazine exclu- Baltimore’s Kramer & Connolly, senior counsel with the New International Economic and sively serving general counsel Kramer played a key role in the York City Law Department. Trade Arbitration Commission. and other top in-house legal preservation of the building, One of the most active inter- professionals. The award which has served as the gateway Nobuhisa Ishizuka is a cor- national business arbitration recognizes women who have to Baltimore County’s oldest porate lawyer specializing bodies in the world, the com- reached high levels of success town since 1891. in mergers and acquisitions, mission resolves cross-border due largely to exceptional val- as well as corporate finance, economic and trade disputes ues and vision. Dombrowski 1990 at Skadden, Arps, Slate, through arbitration. Cai is part- is senior vice president, Alberto F. Garay and former Meagher & Flom. Ishizuka ner in charge and chief repre- group head, and lead region Law School visiting scholar

70 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 Alejandro Carrio recently Rakik Hariri. Mundis joined Educational Administration D aniel F. Feldman is a dep- merged their Buenos Aires, the tribunal after serving 11 at Penn State University, uty special representative for Argentina, law offices to form years at the International where he is also Professor of Afghanistan and Pakistan at the Carrio & Garay. The new firm Criminal Tribunal for the Education and Law. U.S. State Department, where will be primarily dedicated to former Yugoslavia, where he he previously served under administrative, constitutional, worked as a senior prosecuting Janet Nova was promoted to veteran diplomat Richard C. and criminal law. trial attorney. interim group general coun- Holbrooke, who passed away sel at News Corp., where she last year. A former partner in Jeanne M. Hamburg, a mem- 1992 has served as deputy general the international corporate ber of Norris McLaughlin & counsel since 1997. She pre- social responsibility group at Marcus in New York City and viously worked at Simpson Foley Hoag, Feldman served chair of that firm’s Internet Thacher & Bartlett. as director of multilateral and law group, recently presented humanitarian affairs at the a seminar titled “Trademark 1993 National Security Council dur- and Copyright Issues on the ing the Clinton administration. Web” to attorneys in New York City. Hamburg dis- Joseph Schohl and Mary cussed numerous options Kowenhoven are proud that businesses can use to announce the birth of to address common copy- their baby girl, Saralina right and trademark issues Regina. Saralina was born encountered on the Internet, on December 26, 2010, at such as cybersquatting. Yvonne Lee Clayton, a Cedars-Sinai Hospital in Hangley Aronchick Segal & Beverly Hills, Calif. The cou- 1991 Pudlin shareholder, has been ple have two other daughters, Torleif P. Dahl, LL.M., is a appointed to the board of direc- Annie and Natalie. partner with the Norwegian tors of the Parkway Council business law firm Wikborg Foundation. The founda- Sheila S. Boston was honored Jay J. Yan will be the manag- Rein. He leads the firm’s tech- tion is a coalition of cultural this past May by the New York ing partner in Reed Smith’s nology media and communica- institutions and businesses City Bar Association at its sixth new office in Shanghai. The tions practice group and has in Philadelphia’s Parkway annual Diversity Champion firm opened offices in Hong worked on numerous large Museum District that promotes Awards for the critical role she Kong and Beijing in 2008. telecom and media-industry the economic and cultural has played in initiating and Yan, a New York–licensed transactions in Scandinavia. health of the district through sustaining change within her lawyer who has worked Dahl and his wife of 15 years, planning, advocacy, and fund- law firm and the New York in Shanghai for 15 years, Marianne, have three children: raising projects. Clayton, a legal community at large. was previously head of the Nora, Peder, and Thea. shareholder in Hangley’s real Boston, a partner in the prod- Shanghai office of Dorsey & estate practice, specializes in ucts liability group at Kaye Whitney. A native Mandarin D aryl A. Mundis is chief of the acquisition, financing, and Scholer, serves as chair of the speaker who was born and prosecutions at the Special transfer of commercial proper- firm’s diversity committee and raised in China, Yan advises Tribunal for Lebanon in ties; the leasing of commercial secretary of the New York City on a wide range of legal mat- Leidschendam, Netherlands. and office properties; and the Bar Association. The award ters for American, European, The tribunal is a hybrid inter- development of commercial honors attorneys who have and Chinese companies, national court established and office buildings. demonstrated commitment including representing for- in 2009 to investigate and to improving diversity within eign enterprises in cross- prosecute terrorist attacks Preston C. Green III was the legal profession and whose border investment, M&A in Lebanon, including the recently appointed as the actions and activities embody transactions, debt restructur- 2005 assassination of former Harry Lawrence Batschelet the ideals of the association’s ing, and regulatory and com- Lebanese Prime Minister II Chair Professor of diversity principles. pliance matters.

LAW.COLUMBIA.EDU/MAGAZINE 71 1994 to report government corrup- porary China. She launched her tion without fear of political “China Happenings” column in influence. Perez-Maldonado, the New York Observer’s NYO assistant attorney general at Magazine in March 2011. The the Westchester office, has same issue of the magazine served at the state attorney also included her interview of general’s office since 2003. Wynton Marsalis. Previously, she worked as a prosecutor in the attorney Jonathan D. Twombly is help- general’s organized crime task ing to build IvyLife, a free all– force, and as a civil litigator. Ivy League networking community with at least 40,000 Andrew Rotstein has joined members. He is active in the Garry a. Berger is the co- Scarola Malone & Zubatov as IvyLife-Columbia group and is founder of Bliss Lawyers, counsel to the firm’s litigation worldwide director of IvyLife- which has launched a new practice. Rotstein, a com- Harvard. Twombly and his wife, legal-services business aiming mercial litigator, is admitted Kaori, have one daughter. to create employment oppor- to practice in the state of New tunities for legal professionals York, as well as in numer- 1998 and provide businesses the ous federal district courts David W. Blass has been chance to better control legal and circuit courts of appeals. named chief counsel and asso- costs. The firm operates from Rotstein previously practiced ciate director of the trading a purely virtual platform, at Sullivan & Cromwell and and markets division at the offering legal talent with years Gibson, Dunn & Crutcher. U.S. Securities and Exchange of in-house and firm experi- Jendi B. Reiter co-founded the Commission. He previously ence. Berger also is the prin- 1995 online publishing business served as associate general cipal of Berger Legal, a bou- Eric B. Fisher has joined WinningWriters.com with her counsel for legal policy at the tique, virtual law firm based the New York City office of husband, and the business cel- SEC. The division’s Office of in Ridgefield, Conn., that he Dickstein Shapiro as a bank- ebrates its 10th anniversary Chief Counsel provides legal founded in 2002. ruptcy partner. Fisher, a former this year. Reiter’s latest poetry and policy advice to the com- assistant U.S. Attorney in the collection, Barbie at 50, was mission in establishing rules Michael J.Z. Mannheimer was Southern District of New York, released last fall by Cervena on matters affecting broker- granted tenure and promoted represents companies, partner- Barva Press. Last year she dealers and the operation of to full professor in August ships, investment funds, and received a Massachusetts securities markets. 2010 at Northern Kentucky individuals in commercial liti- Cultural Council grant for University’s Salmon P. Chase gation matters. Prior to joining poetry, and she is currently Joshua Masur became a College of Law, where he Dickstein Shapiro, Fisher was working on a novel. partner with Turner Boyd in teaches criminal law, crimi- managing partner at Butzel Mountain View, Calif. He pre- nal procedure, death penalty Long’s office in New York City. 1997 viously worked as of counsel at law, and evidence, among Chiu-Ti (Liu) Jansen recently Fish & Richardson. other subjects. His recent 1996 founded China Happenings, article, “Not the Crime But W anda Perez-Maldonado a multimedia and advisory Edwin J. Nazario has joined the Cover-up: A Deterrence- has been appointed by New platform focusing on China’s Blank Rome as of counsel in the Based Rationale for the York State Attorney General lifestyle and cultural industries. firm’s financial services group. He Premeditation-Deliberation Eric T. Schneiderman as a She previously served as a New will be based in the firm’s New Formula,” was the winner of public integrity officer at the York–based corporate partner York City office. Prior to joining this past year’s AALS Criminal attorney general’s Westchester at Sidley Austin. She is currently Blank Rome, Nazario served as Justice Section Junior Scholar regional office. Jansen is tasked at work on books and television founding member of Nazario Paper Award. with giving taxpayers a venue productions relating to contem- Legal Group in New York City.

72 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 2001 He represents hedge funds, com- at the Southern California Gas Ruth Moore and Theodore book, about a kingdom where modity trading companies, and Company in Los Angeles. He Groff were married in October ghosts are an accepted part of investors in distressed debt trad- previously worked more than 2010 at the Black Canyon Inn society, was inspired in part by ing, energy trading, and general eight years as in-house counsel in Estes Park, Colo. The couple a Church & State seminar she transactional matters. Nazario is with the Southern California reside in Conifer, Colo. took during her second year an active member of the Hispanic Edison Company. Garcia is also at Columbia Law School that National Bar Association and the a competitive motorcycle racer. 2002 spawned frank discussions New York State Bar Association. He and his wife, Wendy, have a Lira Renardini Padovan, LL.M., about the mutual exclusivity of son, Colin. and Flavio Spaccaquerche various religious beliefs. Shea Owens is an assistant gen- Barbosa were married in eral counsel at Ernst & Young’s 2000 2010 in Brazil. The couple Sébat s ien J. Evrard, LL.M., headquarters in New York City. Angela S. Barker has been currently live and work in São has moved with his wife and She served as the chair of the named to the board of directors Paulo, Brazil. three children to Beijing, Association of Black Women of the Columbia Law School where he works as a partner Attorneys’ 35th Anniversary Association. Barker manages Kenneth E. Young has been at Jones Day. Evrard handles Gala this past June and has her own law firm in New York elected to the partnership at the antitrust matters in China and served as a director or officer at City, where she focuses on international law firm Dechert. the European Union, including the association for more than five family law, real estate matters, Young previously served as an merger control, non-merger years. Owens is a member of the and wills and trusts. She also associate in the firm’s corpo- investigations, and litigation. National Women’s Law Center’s works part-time as a family law rate and securities group in His practice also focuses on the Leadership 35 Committee, attorney in Brooklyn at Legal Philadelphia. His practice focus- antitrust aspects of intellectual which advises the center on Services for New York. Barker es on mergers and acquisitions, property rights. issues impacting women and is the mother of two sons. as well as on general corporate children, and is the deputy chair- matters. Young’s clients include Christelette Hoey recently person at large for the National Kristen Clarke has joined strategic buyers and sellers in gave birth to a son, Ridge Bar Association’s international the New York State Attorney various industries, including Jagur, in New York City. Hoey law section. General’s Office, where she technology, financial services, has a daughter, Jasmyn, and will lead the Civil Rights energy, and health care. He is a another son, Roman. Michael E. Weisser has been Bureau. Clarke previously member of the New York and named to Investment Dealers’ served as the co-director of the Pennsylvania bars. Myrna Pérez was nominated Digest’s annual “40 Under 40” political participation group at by President Barack Obama as list. A partner in Weil, Gotshal the NAACP Legal Defense and 2003 a commissioner for the Election & Manges’ New York City Educational Fund. She has Assistance Commission. Pérez office, Weisser specializes in written about issues relating is currently senior counsel at private equity matters, as well to race, law, and democracy the Brennan Center for Justice. as in mergers and acquisitions. for numerous publications. She has published on a range of voting rights issues. Pérez 1999 Esther S. Wick, LL.M., has has also served as a policy ana- A. R. Boed, LL.M., was promoted been named to the board of lyst at the U.S. Government to lead the Hague office of the directors of the Columbia Accountability Office, and she United Nations International Law School Association. Wick currently chairs the election law Criminal Tribunal for Rwanda, serves as assistant general committee of the City of New where he serves as senior legal counsel for Pfizer in New York York Bar Association. officer and chief of the appeals City, where she is in charge chamber support section. of legal support for Northern Brian M. Resnick was elected Europe and emerging Euro- Leah (Suslovich) Cypess has partner at Davis Polk & Albert Garcia recently pean markets, including Cen- published her second young Wardwell. A member of the accepted an offer to serve as tral Eastern Europe, Turkey, adult fantasy novel, Nightspell insolvency and restructuring senior environmental counsel Israel, and Russia. (HarperCollins: 2011). The group in New York, Resnick

LAW.COLUMBIA.EDU/MAGAZINE 73 currently serves as a lead of Reinhart Boerner Van valuation, marketing, assist- Sumeet Sinha has been lawyer in the representation Deuren in Milwaukee. Rice ing potential purchasers in named to the board of direc- of Lehman Brothers Inter- counsels public and private obtaining financing, and, ulti- tors of the Columbia Law national (Europe) in connec- clients on a wide range of mately, facilitating closings. School Association. An asso- tion with the Lehman U.S. finance transactions, includ- ciate with Linklaters since Chapter 11 cases. He recently ing acquisition financings, 2006 2008, Sinha has experience represented the administrative asset-based financings, pri- Zachary A. Friedman has advising sponsors, financial agent under the $4.5 billion vate bond offerings, and been named to the board of institutions, and corpora- debtor-in-possession financing mezzanine financings. She directors of the Columbia Law tions in a variety of interna- for Delphi Corporation. previously worked in the School Association. Friedman, tional-asset and leveraged- New York City office of an investment professional at financing transactions. Sinha 2004 Gibson, Dunn & Crutcher. Arrowhawk Capital Partners recently completed a client J. Andrés Cedrón and Maria in Darien, Conn., is also secondment with the office of Cristina Brandon were mar- Misasha Suzuki will vice chairman of ZaBeCor the general counsel at Stan- ried recently in Lima, Peru. join Carroll, Burdick & Pharmaceuticals and previ- dard Chartered Bank in New Cedrón serves as regional McDonough as an associate ously served as its chief oper- York City. counsel in charge of the Latin in the firm’s San Francisco ating officer. Prior to joining America division of Stryker office. Suzuki concentrates Arrowhawk, he worked at 2009 Corporation. He is based in her practice on complex the Blackstone Group and Miami. Cedrón was named commercial and intellectual Morgan Stanley. one of the state’s rising legal property litigation. She also stars in 2009 by Florida represents domestic and Liang Gao began working Super Lawyers. international clients in a wide this past May as a legal counsel range of industries, including at Fidelity International in Guilherme R. Ferreira, LL.M., technology and entertain- Hong Kong. has been named to the board of ment. She has extensive expe- directors of the Columbia Law rience in litigation involv- 2007 School Association. Currently ing white-collar defense, Scott R. Wilson recently a principal at Jive Investments, securities, antitrust and accepted a position in Ferreira, who is based in Brazil, competition law, and in the the executive division of spent three years as a consul- coordination and defense of the Office of the Attorney tant to the estate of Lehman class-action claims. Fluent in General of the State of New D ana M. Kaufman is an Brothers in charge of liquida- Japanese, Suzuki previously York as special assistant to associate working in the tion in South America. served as a management the first deputy attorney business finance and restruc- consultant for J.P.Morgan’s general. Wilson previously turing practice at Weil, Tokyo office. worked at the law firm Boies, Gotshal & Manges in New Schiller & Flexner. York City. After graduating 2005 from Columbia Law School, Matthew E. Hoffman has 2008 she spent a year working left his position as an asso- Andrew Perito works as a with Sanctuary for Families’ ciate attorney with Duane litigation associate at Weil, Morris in Philadelphia to take Gotshal & Manges’ Silicon a position as a partner with Valley office in Redwood Join Columbia the business brokerage firm Shores, Calif. Perito special- Law School Alumni on Benjamin Ross Group. He izes in assorted patent litiga- Facebook to represents business owners in tion matters. He and his wife, receive news and updates. connection with the sales of Emily, welcomed their son, facebook.com Mindy F. Rice has joined the their businesses, performing Coleman Paul Perito, this banking and finance practice sale-related services such as past May.

74 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 Center for Battered Women’s He will teach Introduction to Legal Services at the Brooklyn Intellectual Property, Patent Family Justice Center. While Law, and Law & Emerging Fwollo us on Twitter at the nonprofit organization, Technologies. Heled is cur- @ColumbiaLaw she provided free legal repre- rently researching the rela- sentation relating to family tionship between patent law and immigration mat- law and the regulation of ters for numerous victims of biological pharmaceuticals, domestic violence. as well as how executive agencies deal with bioethical please email your news to [email protected] 2011 issues. Prior to joining the with the heading “Class Notes Submission” in the subject line. Please be certain to include your year of graduation in Yaniv Heled, J.S.D., LL.M., law school faculty at Georgia the email. Photo attachments are welcomed, but due to recently was appointed State, he worked on intel- space limitations, the Magazine cannot guarantee publication of submitted photographs. assistant professor of law lectual property law matters Class notes submissions may be edited for clarity and space. Columbia Law School at Georgia State University at Goodwin Procter in New Magazine cannot guarantee publication of all items. College of Law in Atlanta. York City. in memoriam: The Columbia Law School community extends its deepest sympathy to the loved ones of recently deceased alumni, faculty, and friends

helping persuade the Vikings at St. John’s University in 1937 Sheldon Kaplan ’39 to join the National Football and, after graduating from the may 31, 2011 League rather than the Ameri- Law School three years later, can Football League, delicately accepted a job as a special agent Sheldon Kaplan ’39, a prominent helping to guide a quarrelsome in the law department at the FBI. attorney in Minneapolis, served board toward its final decision. After five years with the agency, for decades as general counsel Kaplan joined the board of Driscoll moved to the meat and for the Minnesota Vikings, later the Vikings in 1977; he also consumer-products company joining the team’s board of direc- sat on the boards of Lone Star Armour & Co. in Chicago, where tors. He passed away on May 31, Industries, Bank Windsor, and he served as an attorney. 2011, at the age of 96. North American Life and Casu- Driscoll later served as vice Born in Minneapolis, Kaplan alty. An avid fisherman, he and president and general coun- Florence L. Riley ’35 graduated from the University his wife of 70 years, Helene, sel at International Packers june 4, 2011 of Minnesota before enrolling traveled the globe from Africa Ltd. and as vice president and at Columbia Law School, where to near the Arctic Circle in corporate secretary at its suc- Florence L. Riley ’35 was a he became an editor of the search of the perfect catch. cessor, Deltec International, skilled former lawyer and judge Columbia Law Review. Follow- In addition to Helene, before retiring in 1977. After who was among the first genera- ing graduation, he practiced in Kaplan is survived by his chil- his retirement, Driscoll and his tion of women to attend Colum- New York City briefly before dren Jay, Mary Jo, Jeanne wife, Maria, spent nine years bia Law School. She passed away joining the Army. As an Army Burton, and Jeffrey Kaplan; in Sarasota, Fla., where he on June 4, 2011, at her residence police captain during World grandchildren Michael Kaplan, worked as a part-time consul- in Manhattan. She was 99. War II, Kaplan oversaw the Claire Cochran, Max Fitzmau- tant in shareholder relations Riley graduated from Bar- transfer of war prisoners cap- rice, and Scott, Jarrett, and and enjoyed spending consid- nard in 1932 and promptly tured in North Africa. Lara Kaplan; and three great- erable time on the tennis court. enrolled at the Law School; Kaplan returned to Minne- grandchildren, three nieces, He and Maria traveled widely she was one of three women apolis after the war and set up and one nephew. in retirement and eventually in her graduating class. Riley a law firm—Kaplan, Edelman settled in Boulder, Colo. worked for the U.S. Treasury and Kaplan—with his brother, Driscoll was a member of Department; Alley, Coles, Sidney, who had served as a Clement J. the Society of Former Agents Grime & Friedman; and the prosecuting attorney during the Driscoll Jr. ’40 of the FBI, the St. Martin de New York City Corporation Nuremburg trials. That firm later March 9, 2011 Porres Catholic Church of Counsel Office, before becom- merged with another local firm Boulder, and the Sacred Heart ing a New York City Housing to become Maslon Kaplan Edel- Clement J. Driscoll Jr. ’40 was a of Mary Catholic Church of Court judge. After her retire- man Joseph & Borman, which one-time FBI special agent who Boulder. He is survived by ment in 1975, she served as a Kaplan left in 1980 to become went on to a 30-year legal career Maria; his sons Clement and hearing officer in the New York chairman of Kaplan, Strangis with various corporations. He David; his daughters Elizabeth Police Department. and Kaplan, where he continued died on March 9, 2011, at the Boyle, Anita Feiger, and Jean Riley’s family has established to work until his death. age of 94. Driscoll; his brother, Edmond the Hon. Florence L. Riley Schol- As the Vikings’ in-house coun- Born in New York City, Driscoll Driscoll; 14 grandchildren; arship Fund at the Law School. sel, Kaplan was instrumental in earned his undergraduate degree and two great-grandchildren.

76 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 service. “The beautiful dinner monwealth. He passed away commissioner, and Stanley Spor- party that the justices hosted in on August 2, 2011, at the age kin, who was named to the federal the Supreme Court to celebrate of 90. bench in the District of Columbia Danny’s appointment to the Born in Arecibo, Puerto Rico, in 1985. Rossen recalled that his Court of Claims was an eloquent in 1921, Serrano Geyls studied first years with the agency were testimony to the Court’s regard law at the University of Puerto spent with the “tiniest staff you for him,” Stone said. Rico and went on to earn his could ever imagine.” Friedman was admired for LL.M. at Columbia, as well Rossen was later sent west, his ability to distill complex as a master’s degree in public where he served as an associate arguments into a lucid nar- administration from Harvard regional administrator in the rative, and for his teaching University. He served as an San Francisco office and, later, acumen. “I never had a better adviser to the legislative com- as regional administrator in Daniel M. Friedman ’40 writing mentor, and have met mittee on the Constitutional San Francisco and Los Angeles. july 6, 2011 few gentler souls,” said Pro- Convention of Puerto Rico, One of the more memorable fessor Peter L. Strauss, who which drafted the common- cases Rossen worked on during Daniel M. Friedman ’40, was a spent three years as an attor- wealth’s first constitution, rati- his time in California was the distinguished federal judge and ney at the solicitor general’s fied in 1952. SEC lawsuit against the cosmet- beloved mentor whose career office when Friedman was first In 1957, Puerto Rico’s gov- ics and multilevel-marketing in public service spanned seven deputy there. ernor, Luis Muñoz Marín, firm Holiday Magic, which decades. He passed away on The learning curve was appointed Serrano Geyls as an was charged with defrauding July 6, 2011, at the age of 95. steep for Friedman’s clerks, associate justice of the com- approximately 80,000 people Born in New York City, Fried- said Richard L. Mattiaccio ’78, monwealth’s Supreme Court, out of some $250 million and man launched his long career a partner at Squire Sanders in where he served until his resig- decried by government officials in government by joining the New York City who clerked for nation in 1962. as a pyramid scheme. legal staff of the Securities and Friedman during the judge’s After leaving the bench, Rossen retired from the SEC Exchange Commission in 1942. first year on the bench. “The Serrano Geyls became a pro- in 1987 and later worked as vice But he was promptly shipped extent of his edits might have fessor at the law schools of the president and regional coun- off to Europe with the Army, been ego-crushing for the clerk, University of Puerto Rico and sel of the Equitable Financial finishing his service in 1946. In but Judge Friedman would go the Interamerican University Companies. But he told a 2003 1951, Friedman moved to the through and explain them, and of Puerto Rico. He also served roundtable held by the SEC appellate section of the Justice they usually had to do with his as a visiting professor at the Historical Society that nothing Department’s antitrust division, concern for the reader—the law Pontifical Catholic University in his career compared with his and later served as the second had to be clear,” Mattiaccio said. of Puerto Rico and the Insti- work as a regulator. “The most assistant and first deputy at Friedman always gave his tute of Advanced Legal Stud- enjoyable part of my profes- the solicitor general’s office. In clerks the chance to defend ies at the University of Lon - sional life was the commission 1977, a year before he joined the their positions, Mattiaccio don. Serrano Geyls’ writing on time,” he said. “Nothing has federal bench, he was appointed said. “If he didn’t agree with family law and constitutional ever come close to the rewards acting solicitor general. it, he would explain why, and law remains influential in that it provided then.” Friedman, who argued 80 he always did that in a good- Puerto Rico. cases before the Supreme natured way,” he said. “Those Court, including numerous sessions were the best.” John Powell ’58 antitrust cases, was appointed Friedman is survived by four Leonard H. Rossen ’55 may 14, 2011 chief judge at the U.S. Court of stepchildren from his second february 24, 2011 Claims in 1978 after more than marriage—Elizabeth “Buffy” John Powell ’58 was a promi- 30 years in government service. Ellis, Jonathan Ellis, Benjamin Leonard H. Rossen ’55 was a nent attorney in Scottsdale, He was reassigned to the newly Ellis, and Nancy Ellis—as well former official with the Securi- Ariz., where he specialized in created U.S. Court of Appeals as nine grandchildren. ties and Exchange Commission estate planning. He passed for the Federal Circuit in 1982 who spent a quarter of a cen- away on May 14, 2011. and granted senior status there tury with the agency, eventually Powell was born in New York in 1989. Friedman was the last Raúl Serrano serving in regional adminis- City and grew up in New York, of the court’s original roster of Geyls ’46 LL.M. tration roles in California. He New Jersey, and Connecticut. He judges when he passed away. august 2, 2011 passed away on February 24, graduated from high school in Professor Richard B. Stone, 2011, at the age of 78. Albany, N.Y., and earned his bach- who worked for Friedman at Raúl Serrano Geyls ’46, LL.M., A graduate of the City College elor’s degree at Colgate University, the solicitor general’s office, was a former associate justice of New York, where he earned his where he competed on the swim described him as a great example on the Supreme Court of Puer- bachelor’s degree, Rossen joined team. He served in the Korean of a generation that saw some to Rico and a legal scholar who the SEC in 1962, working on secu- War as a lieutenant and gunnery of its preeminent legal minds helped guide generations of rities enforcement under Irving officer on the USS Cowell before devote their careers to public law practitioners in the com- Pollack, who later became an SEC enrolling at the Law School.

LAW.COLUMBIA.EDU/MAGAZINE 77 After starting his career—and government agencies both at ersham & Taft, and as securities solo practitioner in Francestown, a family—in New York, Powell home and abroad, including counsel with Mobil Oil Corpora- N.H., where his work centered on moved to Southern California Japanese companies making tion. She became the first woman family law, real estate, contracts, to work in finance for Hughes their first forays into U.S. capi- appointed to serve as regional employment discrimination, and Aircraft. In 1974, Powell and tal markets following the war. administrator for the SEC’s New bankruptcy matters. He left his his family relocated to Arizona, Bauer left investment banking York City office in 1987. practice in 2002 and returned to where he worked with a com- in 1968, becoming a corporate Despite a demanding legal his home state of Montana. puter leasing company. Opting executive turnaround specialist career, Warwick remained actively Eggert is survived by four to return to the law, he opened at various companies, including involved in several organizations. children, four grandchildren, up the Scottsdale practice that Consolidated Water Company, She chaired numerous commit- and four great-grandchildren. would be his professional home the Coca-Cola Bottling Company tees of the American Bar Associa- for the next 30 years. of New York, and Fleming Com- tion and proudly supported both Powell was an active mem- panies in Oklahoma City. When the New York City Ballet and the ber in the Scottsdale Bar Asso- he arrived at Fleming as CFO in Metropolitan Museum of Art. ciation, where he served one 1972, the corporation had regis- Warwick is survived by her term as president, as well as in tered $750 million in sales and cousins, Dr. Ralph Jessar and the Rotary Club of Scottsdale was enduring limp earnings. Dr. Barry S. Savits. and numerous estate planning When he left the company in groups. He was known in the 1980, its annual sales topped $3 local community for his ethics, billion and its profits were climb- Charles N. Eggert ’74 honesty, and legal expertise. ing. He later returned to invest- september 15, 2010 When he retired in 2004, Pow- ment banking as a senior vice ell was a partner at Lowry, Cle- president with E.F. Hutton. Charles N. Eggert ’74 was a Steven G. Gey ’82 ments & Powell. Bauer was an active supporter small-town solo practitioner june 9, 2011 Powell was preceded in death of the Law School up until his who embarked on his legal by his wife of 52 years, Margo, death. In a 1964 letter to Dean career after working as a United Steven G. Gey ’82 was a beloved who died on October 28, 2009. William C. Warren, he said he Airlines pilot for more than three law professor at the Florida He is survived by his three chil- was grateful for being allowed decades. He passed away on Sep- State University College of Law, dren, Wally Powell, Margaret to continue his studies in absen- tember 15, 2010, at the age of 89. a prominent constitutional Clark, and Donald Powell; and tia when family circumstances Born in St. Joseph, Mo., Egg- scholar, and an internation- his two brothers, Harrington required him to be in Florida. ert distinguished himself as ally recognized authority on reli- Drake and Donald Powell. An avid skier, Bauer spent his a devoted scholar and athlete gious liberties under the First retirement living in Denver and throughout his early education, Amendment. He passed away Vail, Colo. Previously he main- lettering in football, basketball, on June 9, 2010, at the age of 55. P. Richard Bauer ’59 tained homes in New York City track, and debate. He attended Gey, who served as an articles february 6, 2011 and Warren, Vt. college briefly, but when World editor for the Columbia Law War II began, Eggert joined the Review while attending the P. Richard Bauer ’59 was a law- U.S. Army Air Corps as a civil- Law School, published widely yer, investment banker, and cor- Kathleen Warwick ’63 ian instructor pilot. In 1944, he on free speech, constitutional porate executive who specialized september 26, 2010 joined United Airlines as a full- law, and religious freedoms. in turning around failing compa- time pilot—a position he held He authored Cases and Materi- nies and assisted some of the first Kathleen Warwick ’63 was a for the next 36 years. als on Religion and the State, a Japanese companies entering longtime federal securities law Despite his solid career in the casebook dealing with the First U.S. capital markets after World expert and the first woman to airline industry, Eggert always Amendment’s religion clauses. War II. He passed away on Feb- be appointed regional adminis- intended to complete his educa- Gey, who was the David & ruary 6, 2011, at the age of 80. trator of the U.S. Securities and tion. So, in 1968, at the age of 47, Deborah Fonvielle and Don- Bauer graduated from Cor- Exchange Commission in Man- he enrolled at Columbia College, ald & Janet Hinkle Professor nell University and served as a hattan. She passed away on Sep- and three years later, he began at Florida State’s law school at U.S. Navy carrier pilot before tember 26, 2010, at the age of 76. his studies at Columbia Law the time of his death, was enor- entering Columbia Law School. Born in Philadelphia, War- School. As he worked toward mously popular with students. He began his legal career in wick received her undergradu- both degrees, Eggert spent his He was diagnosed with amyo- New York City with Hughes ate degree from Vassar College. weekdays studying and attend- trophic lateral sclerosis, Lou Hubbard & Reed, after which Following law school, Warwick ing class and his weekends fly- Gehrig’s Disease, in 2006 but he took a position as an invest- embarked on a career in securi- ing from New York to Hawaii continued teaching over the ment banker with Smith Bar- ties law, which, at the time, placed and back again. In 1974, just a next two years and writing until ney & Company. It was there her among a relatively small month shy of his 53rd birthday, shortly before his death. “I spend that Bauer became involved group of women who specialized Eggert received his juris doctor. my time doing what any rational with raising equity and debt in that field. She worked as an After retiring from United person would do with his last capital for corporations and attorney with Cadwalader, Wick- Airlines in 1981, Eggert became a days on earth: writing law review

78 COLUMBIA LAW SCHOOL MAGAZINe fall 2011 articles,” Gey wrote to friends and natural-resource projects in Under the Agrarian Reform Morohunfola grew up in Kan- and supporters in March 2010. the Philippines. He passed away Program and Philippine Admi- sas and graduated from Kansas Before teaching at Florida on April 15, 2011, at the age of 44. ralty and Maritime Law. University before enrolling at State, Gey worked in New York Hernandez was a partner at the Law School. In lieu of flow- City at Paul, Weiss, Rifkind, Romulo Mabanta Buenaven- ers, his family asked that contri- Wharton & Garrison, where he tura Sayoc & De Los Angeles in butions be made in Femi’s name practiced corporate law while Makati City, Philippines, where to the Sickle Cell Disease Asso- taking on pro bono cases, primar- he represented clients in deal- ciation of America. ily for death-row inmates. The ings with state-owned corpora- Morohunfola is survived by his Association of the Bar of the City tions and financial institutions, wife, Karina; his parents, Kehinde of New York honored him with and with government agencies. and Ajoke Morohunfola; and his its Thurgood Marshall Award for Hernandez also served as brothers, Tosin and Bunmi. his work in these capital cases. assistant corporate secretary at Gey is survived by his wife, Alcorn Gold Resources Corp., a Irene Trakas, his father, Wal- publicly listed firm involved in ter Gey, his sister Cindy, three oil-and-gas exploration, devel- Oluwafemi please email nieces, and one nephew. opment, and production, as Morohunfola ’10 In Memoriam notifications to well as developing metallic and june 16, 2011 [email protected] non-metallic reserves. He grad- with “In Memoriam” in the subject line. Adriano M. uated magna cum laude with a O luwafemi (Femi) Morohun- Hernandez ’91 degree in economics from Duke fola ’10 was a promising lawyer As part of this email, please be certain to include the april 15, 2011 University and was a Harlan known among friends and col- full name of the deceased, Fiske Stone Scholar during his leagues as a charming, outgoing the year of graduation from Adriano M. Hernandez ’91 was time at the Law School. young man, and a gifted orator. the Law School, and the an attorney, author, and execu- Hernandez was the co-author He passed away on June 16, 2011, approximate date of death. tive specializing in infrastructure of two books: Landowners’ Rights in Los Angeles at the age of 26.

Leonard Lazarus ’33 Samuel W. Weiss ’42 Albert P. Ryavec ’49 Charles S. Guggenheimer ’58 Donald B. Krim ’71 January 15, 2011 December 22, 2010 October 14, 2010 January 7, 2011 May 20, 2011

Samuel Fields ’34 Harold H. Wolgel ’43 David H. Horowitz ’50 Arthur I. Rosett ’59 L. Harold February 12, 2011 October 29, 2010 December 14, 2010 January 4, 2011 Levinson ’74 J.S.D. January 27, 2011 Herbert P. Jacoby ’37 Maurice Hahn ’44 Roger S. Woolley ’51 Arnold L. Simon ’59 January 12, 2011 February 8, 2009 May 28, 2010 February 7, 2011 Ronald L. Norwood ’75 February 3, 2011 Edwin K. Large ’37 James Pollak ’44 Stanley Harwood ’52 John Paul Reiner ’60 April 3, 2011 January 25, 2011 August 20, 2010 March 21, 2011 Shinichi Saito ’77 LL.M December 7, 2009 Harry L. Schechter ’38 Arline R. Mooney ’46 Sanford B. Kaynor ’52 Joel L. Shoobe ’61 November 25, 2009 January 11, 2011 November 28, 2010 November 13, 2010 Michael L. Shepherd ’78 October 22, 2010 Morton Zuckerman ’38 Mary J. Mulé ’46 Sidney Salkin ’52 Robert G. Fisher ’62 January 16, 2011 April 19, 2011 December 13, 2009 May 13, 2011 William P. Barbeosch ’79 Alfred S. Moses ’40 William Rossmoore ’47 Clyde W. Summers ’52 J.S.D. C. Terry Johnson ’63 May 13, 2011 August 28, 2009 June 13, 2010 October 30, 2010 January 7, 2011 Michael C. Buseck ’82 Thomas F. O’Brien ’40 Lawrence S. Driever ’48 Joseph A. Clarken ’54 Andrew H. Nighswander ’64 May 7, 2011 August 22, 2009 December 21, 2010 May 17, 2011 August 10, 2009 Yaacov L. Jacobson ’82 Ralph S. Spritzer ’40 Robert C. Rutter ’48 Harry Hammer ’54 Allen R. Bivens ’65 December 9, 2010 January 16, 2011 July 24, 2009 December 20, 2010 June 7, 2009 Jeffrey R. Hewitt ’91 Robert V. Tishman ’40 Lawrence M. Saiewitz ’48 S. David Nissen ’54 Howard G. Meyers ’66 December 31, 2010 October 11, 2010 August 11, 2009 August 30, 2010 August 28, 2010 Jonathan W. Tweedy ’96 Robert S. Whitlow ’40 Stuart M. Speiser ’48 Gerard P. O’Rourke ’54 Thomas Motley ’66 May 24, 2011 April 4, 2011 October 4, 2010 May 10, 2011 November 30, 2010 Dayna Ferebee ’97 LL.M. Alison B. Carnahan ’41 Victor J. Stone ’48 Joseph Stevens ’54 David H. Schwartz ’66 September 9, 2010 January 3, 2011 November 26, 2010 January 25, 2011 September 15, 2010

David P. Dawson ’41 Frederic A. Weed ’48 Janet T. Kaufman ’55 Philippe S.E. Schreiber ’67 August 4, 2009 November 21, 2010 December 13, 2010 February 14, 2009

Florence Dreizen ’41 Elten Diehlmann ’49 Margaret A. Berger ’56 Dennis R. Yeager ’67 March 9, 2009 December 29, 2010 November 18, 2010 October 5, 2010

Alfred O. Heitzmann ’41 Sheldon C. Houts ’49 Philip R. O’Connell ’56 Jack H. Ungar ’68 February 17, 2011 January 3, 2011 January 26, 2009 January 14, 2011

Byron E. Blankinship ’42 Arthur G. Kaplan ’49 Robert B. Turk ’56 David W. Balcer ’70 March 25, 2010 November 30, 2010 April 1, 2011 February 23, 2011

Daniel P. Hays ’42 Lawrence H. Reilly ’49 Henry O. Leichter ’57 Mayer G. Freed ’70 June 4, 2009 March 18, 2009 December 20, 2010 October 27, 2010

LAW.COLUMBIA.EDU/MAGAZINE 79 Qe u stions presented alumni spotlight

Mikheil Saakashvili ’94 LL.M.

Since being elected president of Georgia in 2004, Mikheil Saakashvili has been nominated for the Nobel Peace Prize and has worked to spur lasting economic growth in his country

80 COLUMBIA LAW SCHOOL MAGAZINe Fall 2011 PHOTOGRAPHED BY irakli gedenidze