THE HLSA CONNECTOR

Newsletter of the Association of

Volume 1, Issue 2  Spring/Summer 2006

Corzine Taps Rabner ’85 As Chief Counsel HLSA SPRING SYMPOSIUM: RABNER ON STATE ETHICS In one of his first appointments Rabner headedmake good the on criminal this as Governor-elect, Jon S. Corzine division of the U.S. Attorney’s On Wednesday, June 14, the picked HLS alumnus Stuart Office in Newark, where he Association will welcome Stuart Rabner ’85 to serve as his Chief supervised 100 attorneys and Rabner ’85 , Chief Counsel to Counsel. staff and prosecuted major anti- Governor Corzine, to address our “As the tran- terrorism and corruption cases. Spring Symposium at the Law sition began, I Soft-spoken and self- Center in New Brunswick. said I’d seek effacing, Rabner has a reputation Following a 6:00pm cocktail hour and joined by discussant Paula A. out the as a corruption-buster. Franzese, Chair of the State Ethics sharpest Signaling his course, on the Commission and the Peter W. minds and day he was appointed Rabner Rodino Professor of Law at Seton straightest said: “The public has the right to Hall University, arrows to demand that its officials conduct Mr. Rabner will Stuart Rabner ’85 serve in my the affairs of government discuss and take administration, and without a according the highest ethical questions on the doubt Stuart Rabner epitomizes standards. We will strive to live subject of “Ethics that ideal,” Corzine said in up to that vital measure each in State December. “Stuart has worked and every day.” Government: Old tirelessly on the people’s behalf at Given the role of Counsel’s Problems and the U.S. Attorney’s Office, fighting Office as the Governor’s New Initiatives.” Paula A. Franzese corruption, terrorism and violent representative on more than fifty If you have not already received your crime.” commissions and authorities, invitation to the Spring Symposium, Before becoming the Rabner is ideally positioned to please e-mail [email protected] or Governor’s top legal advisor, See Rabner , page 4 call (201) 489-3737 . Half a Century After Brown , Ogletree ’78 Predicts High Court’s New Course By Robert C. Holmes ’70 School Jesse Climenko the 49 th annual The Harvard Law Professor of Law and Vanderbilt Lecture on School Association of Founding Director of November 9, 2005. Prof. New Jersey was the Charles Hamilton Ogletree spoke and then honored to have Houston Institute for answered questions Charles J. Ogletree ’78 , Race and Justice, as its about President Bush’s the Harvard Law guest and lecturer at impact on the U.S. Supreme Court. The capacity crowd of nearly INSIDE 120 included more than Vanderbilt Photos  President’s Message 100 HLS alumni and Alumni Updates  and More invited guests from the See Ogletree , page 3 Professor Charles Ogletree ’78 Page 2 THE HLSA CONNECTOR

Letter From The President Paolella ’99 to Clerk for Alito… Again! HLS alumnus tacted Paolella shortly This year got off to an exciting start. When I assumed the presidency of the Harvard Law School Association of New Jersey (“HLSA-NJ”) Christopher J. Paolella after he was confirmed in November of 2005 at the Vanderbilt Lecture, I was struck by the ’99 will leave the to the high court, collegiality of those attending the Lecture and dinner and by our legal Roseland law firm of inviting him to be one of community and guests simply enjoying one another’s company. I Lowenstein Sandler PC four clerks to serve the thought how great it would be if we could as this summer to Justice during HLSA-NJ create events in which there would become a clerk the Court’s be positive interactions and great networking to Supreme 2006-2007 among HLS grads in New Jersey. To that end, C o u r t session. it is one of our goals this year is to create Associate “Justice Alito is events in which HLS alumni and alumnae can Justice Samuel a terrific boss, interact and encourage others to bring their talents and ideas back to New Jersey. A. Alito, Jr. and I am looking On June 14, 2006, we will have our Paolella, who forward to spring event at the New Jersey Law Center in spent his 1L working for him Christopher J. New Brunswick. Stuart Rabner ’85 , a summer at Paolella ‘00 again,” said Harvard Law School graduate and Chief Lowenstein in Paolella. Geraldine Reed Brown ’72, 2005-2006 Counsel to Governor , will speak 1997 and returned there Justice Alito served HLSA-NJ President on “Ethics In State Government: Old from the New York as U.S. Attorney for the Problems and New Initiatives.” Paula Office of Cravath, District of New Jersey Franzese, a professor at Seton Hall School and Chair of the New Swaine & Moore in from 1987 to 1990 and Jersey State Ethics Commission, will be the discussant. The issue of 2003, previously clerked later spent sixteen years ethics in government has been on the forefront of many discussions recently in New Jersey and around the country, and this program for Justice Alito when on the Third Circuit should provide a wonderful opportunity to reconnect with former the latter sat in Newark bench before being classmates and other HLS alumni as well as hear the views and have as a Judge of the U.S. nominated to the the opportunity to ask questions of people who are dealing with one of Court of Appeals for the Supreme Court by the hottest contemporary issues We urge you to attend the event to Third Circuit. President George W. learn and reconnect with other HLS alumni. Justice Alito con- Bush last year. The Association will also provide support to a public interest fellow this summer. Providing support for this fellow is an example of ALUMNI On The Move your dues at work – assisting others as we encourage them to do the “Public Good.” Sharon Bray ’04 has left Lowenstein Sandler to join I have visited Harvard Law School on two occasions in the past the Short Hills office of Boies, Schiller & Flexner as year and I have found the changes in the Law School to be extremely an associate. positive. Dean Elena Kagan ’86 , and Dean Robert Clark ’72 before her, have made great strides in making the Law School experience After stints in the McGreevey Administration and more personable. The gifts that we as an Association have given in as a clerk for U.S. District Judge Faith Hochberg ’75, the past and that we plan to give in the future contribute to that effort Armen Meyer ’02 has joined Accendx Capital in – again, your HLSA-NJ dues at work. Greenwich, Connecticut as a research associate. Through this second Newsletter, we hope to keep you abreast of Christopher Paolella ’99. See above. the activities of the Association. But we also urge you to provide us Michael Passante ’03 of Hoboken, formerly an asso- with relevant information about changes in your life and career. One ciate at Gibson, Dunn & Crutcher in New York, of our goals is to increase the interaction and connection among HLS recently joined Newark In Transition as Counsel to alumni in New Jersey. We urge you to share information and updates on your career and suggestions for ways that we can increase Newark Mayor-elect after working as interaction. We particularly encourage you to take an active role in Deputy General Counsel and Policy Adviser on the the Association by planning a future networking event – even by Booker campaign. hosting one at your firm or company as alumni have done in years past Stuart Rabner ’85. See page 1. – and by becoming a member of the Association's Board of Trustees. Judge Jack M. Sabatino ’82 was appointed to the HLSA-NJ needs you. Please become an active member, pay your Appellate Division after five years of service in the dues, and help us help you as we all reconnect and become Civil Division of Mercer County Superior Court. empowered to do the Public Good. Geraldine Reed Brown ’72 Have news? E-mail [email protected] Page 3

Garden State Bar Brown vs. Board of Education Howard University School Association. (Norton, 2004), which was of Law. Leading and Many in the audience available at the Lecture for deploying the resources he were no doubt surprised by purchase and signing. had created, Houston the fact that Prof. Ogletree Professor Ogletree launched a brilliant began his remarks with a carefully and skillfully strategy of using the description of his recently connected the creation of “separate but equal” created Institute while at the Institute to Brown by principle of Plessy v. the same time reminding reminding the audience of Ferguson to ultimately us of the labored history of the significant role Charles reverse the odious legal the U.S. Supreme Court’s Hamilton Houston ’22 doctrine. Four years after decision in Brown vs. Board played in the landmark Houston’s death in 1950, of Education . This history case. Houston, the first one of his star pupils – was recently detailed by African American to serve Thurgood Marshall – Prof. Ogletree in his as editor of the Harvard argued successfully before Eisenhower’s earlier historical memoir All Law Review, devoted his the Supreme Court that commitment to have Earl Deliberate Speed: Reflections legal career to finding ways the “separate but equal” Warren succeed him. on the First Half Century of to end the use of law as a doctrine was unconsti- President Eisenhower no means to tutional. doubt would have maintain Professor Ogletree expected Vinson to guide racial used the example of that the Court to a different injustice. decision, in Brown, to outcome. Houston remind the audience that Moving from acci- served as many of the most dents of history to our the first historically significant most recent history, Prof. special decisions rendered by the Ogletree noted new Chief counsel U.S. Supreme Court are Justice ’ (’79) to the the result of coincidence – apparent lack of interest in NAACP “accidents of history.” The having the current court (NAACP Brown decision is identified with Legal associated him as Chief. Defense with a court “ScaliaScalia is the He mentioned Fund), led by Earl Justice to WatchWatch” the significance and later Warren. In of the relative became fact, Earl youth of Justice Roberts Dean Warren’s leadership role in and Associate Justice and a the case was brought about and the fact faculty by the untimely death of that both men are still Irwin Markowitz ’52, dean of the Vanderbilt member Fred Moore Lecture program, welcomes Prof. Ogletree. at the Vinson and President See Ogletree , page 4

To become an active member of the Harvard Law School Association of New Jersey, simply fill out the form below and return it with a check payable to “Harvard Law School Association of N.J.” to Meredith Trzcinski, Esq., Treasurer, 41 Rolling Glen Court, Mount Laurel, New Jersey 08054 . As indicated in the Dues Notice mailed in June of 2006, dues for the 2006-2007 association year are $75 for alumni admitted to the bar for over 5 years as of July 1, 2006, and $50 for alumni admitted for less 5 five years and those in the public sector.  I enclose my check for the 2006-2007 dues to the Harvard Law School Association of New Jersey in the amount of  $75.00  $ 50.00 Name: Class: Address: Telephone: E-Mail: Date of Admission to the Bar:  I am employed in the public sector. Page 4 THE HLSA CONNECTOR

Ogletree from page 3 developed by the new court evolves. developing their judicial legacy. For Less a prediction all of these reasons, predicting the than a recom- future work of the Court, Ogletree mendation, Prof. said, is a very difficult and not Ogletree urged particularly productive. This view any in the notwithstanding, Prof. Ogletree audience who offered two very interesting might influence predictions. future Court First, “ Justice [Antonin] Scalia appointments to [’60] is the Justice to watch.” Scalia press hard for the may not have had his dream of Honorable Mention: Judges Lawrence Bilder ’52, Leonard I. appointment of Garth ’52, and Arthur Minuskin ’46 with Arthur Rose ’56. practicing lawyers. He urged this form one articulated by Justice O’Connor of diversity over diversity in the 2003 Supreme Court decision associated with race or affirming the constitutionality of the politics. University of Michigan’s racial By the end of his remarks preference admission policies: the – which began with a stated expectation that 25 years from haunting song about race 2003, such policies “will no longer be relations and civil disorder necessary.” He will look for an and a slide presentation with opportunity to have the Court graphic scenes of race riots in address the challenge of reducing the Tulsa, Okla. – it was clear to disproportionate number of young the audience what is black males proceeding from important to Professor troubled, and often segregated, Bryan Blaney ’87, Paul Fishman ’82, Jeffrey Ogletree regarding the future school experiences to incarceration. Kantowitz ’82, Leonard Garth ’52, and Lawrence Bilder ’52 share a laugh at the Vanderbilt Dinner. of the Supreme Court. We These challenges constitute the initial can expect that Prof. Ogletree focus of the Institute and the next becoming Chief Justice fulfilled, Prof. will measure the new Court in terms generation of Professor Ogletree’s Ogletree said, but will nevertheless of its likely response to challenges like extraordinary work. emerge as the most influential member of the new Court. This is so, according to Ogletree, in part because Rabner branch officials and provided the the Court is new, and Scalia is the from page 1 penalty of “removal from seasoned veteran; Roberts has no make good on this promise. employment or office” for interest in having the Court Rabner’s work as Chief employees who do not meet its identified with his name, and Scalia Counsel will co-exist with a larger requirements. is crafty, persuasive and intellectually set of changes to the ethics climate HLSA-NJ will have the gifted. in the state. In January, the privilege of welcoming Mr. Rabner Professor Ogletree’s second Legislature voted to transform the as the honored guest at its spring prediction is that Justice Clarence former Executive Commission on symposium. With discussant Paula Thomas will in time emerge as a Ethical Standards (“ECES”) into Franzese, chair of the new State more significant player on the Court the State Ethics Commission, with a Ethics Commission and a professor than he is now. Prof. Ogletree broader mandate and expanded at Seton Hall Law School, Mr. believes that Justice Thomas has a enforcement powers. In his first Rabner will address the challenges plan, that he is less disconnected executive order, Governor Corzine and opportunities facing from the Court than he appears, and broadened the scope of financial champions of ethical government that Thomas’ plan and influence will disclosure required of executive in New Jersey. become more apparent as the law