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OF CHICAGO School strives to provide new opportunities for today's students. CONTENTS Summer 1997

F E A T u R E s

One Final Note By Holly Davis '76 2

Editor Dan McGeehan E-Mail: [email protected] The Art of law and Economics Assistant Dean for Alumni Relations Holly C. Davis '76 By William Landes 4 E-Mail: [email protected]

Credits Photography: Ariana Almajan '99: 18 (top). Tom Cogill: 35. Dupont Photographers, 39, 40. 1997 Matthew Gilson: cover, 11-12, 16. David Joel, 18 Groundbreaking (below). Peter Kiar: 4. Soo Lim '99: 20. Bob Work begins on the Arthur Kane Center for Clinical Legal Education 11 McCormack, 33. Dan McGeehan: 17, 19,21. Paul McGrath: 25. Marc PoKempner, 15 (right). Marilyn Thomas: 22. Randy Tunnell: 2.

The University of Chicago Law School Record The Law School Record (ISSN 0529-097X) is pub­ D E p A R T M E N T s lished twice a year, in spring and fall, for graduates, students, and friends of The University of Chicago Law School News 14 Law School, 1111 East 60th Street, Chicago, Illinois 60637. Copyright © 1997 by The University of Chicago Law School. Changes of Alumni News 22 address should be sent to the Office of Alumni Relations at the Law School. Telephone (773) 702- 7527. Copies of the Law School Record are avail­ able from William S. Hein & Co., Inc., 1285 Main Class Notes 24 Street, Buffalo, New York 14209, to whom inquiries should be addressed. Current issues are also avail­ able on subscription from William S. Hein & Co. In Memoriam 46

VOLUME 43, SUMMER 1997 ONE FINAL NOTE by Holly Davis '76

after I became assistant

dean, we this space in The Law Schoolestablished.Record as a forum Sometimefor the dean to address alumni in an unstructured setting. Over the interven­

ing years, Deans Stone, Currie, and Baird

each used this space as the print medium's

version of a home page: a place where a per­ sonal voice can directly speak to alumni about a variety of timely issues.

Since it has proven itself a worthy forum

for that purpose, we recently discussed expanding the format by permitting assistant

deans to contribute their voices as well. I

chose to inaugurate this new format by con­ tributing a few words myself. However, it is

with irony that I do so in what is my last issue of The Law School Record. In the nearly five decades since Dean Edward Levi created the position of an assis­ from the Law School. I wasn't able to meet Richard Badger and Judith Wright give tant dean with the responsibility for alumni Sophonisba Breckinridge '04, but I did know insight and structure to the administrative relations and development, there have been Judge Samuel Epstein 'IS, Bernard Nath '21, challenges of the Law School. only four incumbents. That remarkable fact and Ines Catron Hoffman '28. In fact, I have There are more than 7,000 graduates of speaks volumes to the cohesion and conti­ been able to discuss literature with Elmer the Law School and I cannot begin to list

nuity of the Law School's alumni communi­ Gertz '30, art with Burt Kanter '52, and, yes, the individuals who have been important to

ty. Because of the dedication and enthusiasm neckties with Walter Blum '4l. the success of our alumni programs: the

of so many graduates, it has been an excit­ I benefited from the dedication of a core reunion chairs, the Fund for the Law School

ing and rewarding job. group of faculty, who in addition to their ded­ chairs, our mentors, and the hosts of dozens Often, in my capacity as assistant dean of ication to scholarship, have committed them­ of alumni events across the country among

alumni relations, I felt I benefited the most. selves to the Law School: Bernard Meltzer, others. Of this group one name stands out,

After all, as major law schools go, the Bill Landes, Mary Becker, Randy Picker, and Herbert B. Fried, who tirelessly and selfless­

University of Chicago is still a young (or, at Dan Fischel. But among faculty members ly dedicated himself to the advancement of

least, adolescent) institution. And because its with whom I have worked, two names stand the Law School and to counseling many of 1& history is so brief, I have enjoyed the honor of out in their total commitment to the welfare its graduates, including myself. Herb, may

knowing graduates spanning nearly the entire of the Law School, the University, and our more of us aspire to the high standards you period of its existence. I have met those who students and graduates: Walter Blum (with have established.

were students under James Parker Hall, the whom my relationship was sometimes taxing But most rewarding perhaps is that I

Law School's first full-time dean. For an arti­ but always rewarding) and Richard Epstein, have attended every entering students din­

cle in this publication, I interviewed Earl who, like Professor Blum, enthusiastically ner and every graduating students dinner Dickerson, a member of the Class of 1919 and serves as teacher, mentor, confidant, and since 1979, and I have personally seen men the first African American to receive a J.D. champion to us all. My longtime colleagues and women transform from anxious students to mature professionals. Holly Davis is the assistant dean for alumni relations. Indeed, we graduates of the Law School are a heterogeneous lot: opinionated across a

2 THE LAW SCHOOL RECORD wide spectrum of political, economic, and social views. We are articulate, charming, gen­ we may view the Law School from different interdisciplinary research, loyal and support­ erous, analytical, loyal, and loyally opposed. perspectives, while challenging or defending ive alumni, and a general aura of good feel­ Above all, we recognize the Law School as a its greatness, we remain unable to deny its ing, our Law School is flourishing." He con­ defining moment in our lives. And because of significance in our lives. We share, above all, tinued by saying, "If the Law School is, this intensity and diversity, the alumni have a keen, almost proprietary, interest in the indeed, in an era of greatness, it is our alum­ played an important and enriching role in Law School's continued well being. ni who have made that possible. On behalf continuing to shape the institution. I can only urge you to continue your sup­ of your Law School, I thank you." Alumni voices bring focus to the Law port. Alumni participation, enthusiasm, and I share that sentiment and I want to add

School through numerous channels. For even criticism are vital to the life of any edu­ my thanks as well. Thank you for making

our cational institution. And the these as example, by constituting .. Visiting perhaps greater eighteen years enriching and, well, Committee, alumni test the Law School the institution, the greater that participa­ as fun as they were. I also wish to thank against their own experiences as students tion, enthusiasm, and criticism need to be. I Gerhard Casper for having enough faith in and practicing professionals. By serving on hope you continue to fill those needs. You me to offer a young woman barely out of law reunion committees, you remind us of our are the ones who hold those of us who run school this rewarding position. And to thank history and commitment to continuing the Law School today to the same high stan­ Geoffrey Stone, for the guidance and vision excellence. By enthusiastically participating dards dictated by our predecessors. he shared with me. I wish to thank David in the mentoring program, you assure the Ten years ago, in the pages of this maga­ Currie, for the quiet dignity and wisdom he quality of future practitioners by lending zine, Geoffrey Stone wrote: "The University displayed in his months as acting dean. And help and support to today's law students. of Chicago Law School is in an era of gen­ to thank Douglas Baird for the fresh Surely no two graduates see the Law uine greatness. With a young, dynamic, and approaches he brought to the position.

School in quite the same way. But ask any extraordinary faculty, an outstanding stu­ Thank you all very much. I look forward­ alumnus and you will hear consistently a dent body, a firm commitment to rigorous as a fellow alumnus-to seeing many of you commitment to this institution. And though teaching, a tradition of innovative and at Law School events in Washington, D.c..

VOLUME 43, SUMMER 1997 3 AND

4 his essay "How I Work," Paul ther, in part, because my closest friend had Krugman points out that the increasing far more talent than J.2 Informalism of modern economics leads When I entered Columbia College at most graduate students in economics today seventeen I was not well prepared for its

to acquire the necessary mathematical skills demanding academic program (which 1 before they enter graduate school. I strong­ remains largely intact to this day). I had a ly suspect the converse holds as well: the good background in the arts but undevel­ student who lacks a technical background oped study habits. Playing tennis and piano, will be deterred from choosing a career in frequenting jazz clubs and just hanging

economics. This was not always the case. around Greenwich Village with my high

Like Krugman, I came to economics from a school friends held my interest more than liberal arts background, picking up techni­ studying western civilization and humani­ cal skills as needed both during and after ties. But in one respect Music & Art taught

graduate school. My journey, however, was me a valuable lesson. It impressed upon me more circuitous and unplanned than the importance of being creative and imagi­

Krugman's. That I ended up a professor of native in one's work. I have carried that les­

economics and law is the outcome of an son with me throughout my academic

unlikely chain of events. career. I strive to be imaginative both in my

I started out as an art major at the High choice of topics and my approach to them.

School of Music & Art in New York City. Rarely have I come up with a topic by sift­ Although art majors also were required to ing through the economics literature or take the standard fare of academic courses, it scouring footnotes hoping to find loose ends

was not a strenuous academic program, and it to tidy up. I have often stumbled upon a

was possible to do reasonably well without good topic while preparing my classes, par­ much effort. The emphasis was clearly on the ticipating in seminars and workshops, audit­ arts, and many graduates went on to special­ ing law school classes, talking to colleagues ized art and music colleges in the New York or just reading the newspaper. The trick is to

area. I ruled that out since I was only an recognize what one has stumbled upon, or as average art student. I also experimented with Robertson Davies wrote in his last novel:

architecture in high school. But here I fared "to see what is right in front of one's nose;

" no better and decided not to pursue it fur- that is the task... CONO ICS

by William Landes

At left, the author (center) confers with colleagues (clockwise from center): Richard Posner, Senior lecturer and Chief Judge, U.S. Court of Appeals for the Seventh Circuit; Ronald Coase, Clifton R. Musser Professor Emeritus of Economics; Kenneth Dam, Max Pam Professor of American and Foreign law; and Richard Epstein, James Parker Hall Distinguished Service Professor of law.

VOLUME 43, -SUMMER 1997 5 my early 'training Success in graduate school requires concepts applied in an imaginative way yield as an economis't brains, sustained effort and hard work. subtle insights. All this may sound common­ Exceptional success at Columbia required a place today but thirty years ago it was not. It

to is a to I took my first economics course in my little luck as welL Luck be plucked from tribute Gary Becker's pioneering efforts

mass a economist we now take the junior year at college. Two things still stand the of students by great that for granted that domain out in my mind about that course. One was and placed under his wing. I was lucky. of economics is not confined to explicit mar­

that little effort was made to show that In the spring semester of my second year kets but is a "way of looking at life."4 microeconomics could illuminate real world at graduate school, I audited Gary Becker's My next stroke of good luck was quickly

course on which covered his on a dissertation Becker problems. I and my classmates came away human capital, settling topic. pro­ still on that that I whether state fair from the course believing that the assump­ unpublished manuscript subject. posed study employ­ tions of microeconomics were so unrealistic This marked the beginning of my training as ment laws improved the economic position of

a real economist. To be I had nonwhites in the United States. I that economics couldn't have any bearing sure, already eagerly on real world problems. The other was the been in graduate school for over a year. Yet, agreed both because I wanted to work with for the first I to that Becker and the was inter­ professor's condemnation of advertising as a time, began appreciate topic intrinsically monstrous social waste, a view shared by economics was more than just a set of formal esting. I started out by developing a model to most of the economics profession at that tools but a way of thinking about interesting explain the likely effects of fair employment I to on time. By default, I became an economics real world problems. began understand laws the income, unemployment, and the I major in my senior year at Columbia and advantages of simplifying and descrip­ occupational choices of nonwhites. Here unrealistic and how a added sanctions firms that discrimi­ took courses in public finance and money tively assumptions, against and banking, and a seminar for economics person with imagination could develop a nated against nonwhites to Becker's theory of majors. After graduation I went to work on simple model to illuminate a real world prob­ discrimination. I assumed that an employer Wall Street at a brokerage firm producing lem. Such models provided an approach to violating a fair employment law faced a prob­ colorful charts (my art background helped) thinking systematically about public policy ability rather than a certainty of and law. X was a sanction if tracking the movements in earnings per Instead of saying policy good being caught and caught. share, net working capital, etc. of different or fair, one could use economic principles to The greater that probability and the companies in the hope that I or one of the spell out the consequences of that policy. greater that sanction, the greater the senior members of the research department During my third year at graduate school, I cost of discriminating and the more could detect likely trends in stock prices. I completed my course requirements, audited likely tq� employer would increase its soon realized that school was more fun and Becker's price theory course, and passed my demand for nonwhite relative to challenging than work, so after four months comprehensive oral examinations. For three white workers. Thus, I had a thesis that not on Wall Street I returned to Columbia on a or four months before the oral exams I was only lent itself to imaginative modeling (by part-time basis. My intention was to get a part of a small group of students (we called using the expected utility model to analyze master's degree in economics and ultimately ourselves "Becker Bombers") who met regu­ law enforcement) but was capable of answer­ work for some government agency. larly to review questions from Becker's prior ing empirically an important public policy Becoming an economics professor or even exams and problems from Milton Friedman's question. getting a Ph.D. was not on my radar screen. soft cover textbook) Working through this Developing a model was the easy part Columbia had pretty much an open door material made it clear to me the difference compared to carrying out the empirical policy, admitting large numbers of students between knowing economics and thinking analysis. Acquiring empirical skills requires a and letting Darwinian survival principles like an economist. The former comes from good deal of "learning by doing." Graduate operate. There were always a few exception­ mastering the language and formal principles school had not prepared me for the many al students at Columbia who went on to get of economics that are found in graduate text­ months I would have to spend meticulously

their doctorates in four or five years but books and articles in professional journals. gathering data state-by-state from census most didn't survive. They either got a mas­ The latter from applying these tools with volumes, calculating state averages by race of to for ter's degree or lost interest after a year or varying degrees sophistication solving earnings, years of schooling and other two and dropped out. (At the other problems. 'Fhe particular problem might be a variables, fitting Pareto distributions to open extreme, Columbia was also home to a conventional economic one (e.g., will a price ended Census intervals, and collecting data number of professional students who had ceiling on lumber lower the price of new con­ from state fair employment commissions on or a not viewed the been around for ten or fifteen years working struction) problem ordinarily number of prosecutions, enforcement on a thesis they were unlikely ever to fin­ as an economic one (e.g., do laws protecting expenditures, sanctions and so forth. I was to more own assistant I out ish.) After my first year of graduate school, privacy lead unconventional behav­ my research and carried in which I continued to work half-time on ior). Any problem involving competing goals most of these calculations on a mechanical

Wall Street, I realized I had a talent for eco­ and choices constrained by limited resources calculator that frequently jammed. For­ nomics and asked to be admitted to the doc­ and available opportunities is fair game for tunately, computers make it possible today toral program. The chairman of the depart­ economics. The problem need not involve to avoid this kind of tedious work although I or one don't have the ment looked over my grades and pro­ explicit markets observable prices for impression that this has nounced that "my prognosis was good" and can derive shadow prices that function like increased the frequency of empirical disser­ so I became a full time doctoral student. market prices. Frequently, simple economic tations in economics.

6 THE LAW SCHOOL RECORD get"t"ing st"Clrt"ed in their consequences for behavior. The former ments, I showed that if the parties agreed on IClw Clnd economics is the more controversial of the two. It treats the probabilities of winning and losing at legal rules and doctrines as "data" in order to trial, they would always settle (unless they

In its broadest sense, "law and economics" is test the hypothesis that the law is best had strong preferences for risk) because each

as a would coextensive with a large part of the field of explained efforts.bv judges, often implicit­ party's utility from settlement be to decide cases as are to than from a industrial organization. Both cover, among ly, ih-hey trying pro­ greater his expected utility trial. other things, the study of the legal regulation mote economic efficiency. Further, trials would be more likely to occur of markets including economic analysis of the I got started in the "new" law and eco­ when the parties were mutually optimistic business practices described in antitrust cases. nomics by chance rather than by any well (i.e., each party believed he had a greater out to work in this area. a than his These cases provide a rich source of material thought plan probability of winning trial oppo­ on such practices as tie-in sales, exclusive deal­ Shortly after finishing my thesis on fair nent believed), were risk preferrers, where ing, vertical restrictions and information employment laws (the "old" law and eco­ the cost of trials were low relative to the cost I came across a article on of a and where the exchanges among competitors. Both fields also nomics) newspaper reaching settlement, include research on the theoretical and empir­ plea bargaining in criminal cases. The article stakes in litigation were greater (for that out a the in out­ ical consequences of different types of govern­ pointed that only small fraction (prob­ magnified difference expected ment regulations and laws. Thus, a recent issue ably less than five percent) of criminal comes for mutually optimistic parties). My of the Journal of Law & Economics (a leading defendants actually went to trial. The rest paper also has implications for law enforce­ journal in both industrial organization and law pleaded guilty, often to substantially reduced ment for I showed that criminals as a class and economics) includes could be made worse off by

articles by economists on the anticompetitive charges. Investiga-ting a little further, I plea bargains even effects of most-favored-nation clauses, the learned that similarly only a small fraction of though any particular offender effects on stock prices of regulatory drug civil cases ended up in trial. Most were set­ was made better off by avoiding a trial recalls, the performance of the airline industry tled out-of-court before trial. Not only did (a true prisoner's dilemma) because settle­ under deregulation, and the impact of collec­ these issues seem like a natural subject for ments freed resources that enabled the prose­ tive bargaining legislation on labor disputes in economic analysis (an example of "seeing cutor to pursue more criminals. what is in front of one's but no I a version of this the public sector. For my purposes, however, I right nose") presented preliminary want to define law and economics more nar­ one had previously examined it from the paper in 1967 to the labor workshop at the rowly. I want to limit it to what is called the standpoint of economics-maybe because University of Chicago. At the time I was an "new" law and economics, a field which essen­ economists believed that people were more assistant professor in the economics depart­ tially began with Ronald Coase's article on likely to behave emotionally than rationally ment at Chicago. My talk was not greeted in a with much enthusiasm. one of social cost over thirty years ago and where litigation setting. After, my most work has been carried on in law schools But as Becker's former student, I had no senior colleagues in the department took me rather than economics departments. trouble assuming that parties behaved ratio­ aside for some friendly advice. He said I was The "new" law and economics applies nally in non-market settings. The ultimate making a career mistake by doing research the tools of economics to the legal system test was whether rational behavior was a use­ on problems like the courts that were only of itself. It uses economics to explain and illu­ ful assumption not whether it was descrip­ marginal interest to other economists. minate legal doctrines in all fields of law tively realistic. I reasoned (using Coase's the­ Professional success, he emphasized, re­ on the including the common law fields of torts, orem) that the prosecutor and defendant quired working problems of latest contracts and property, intellectual property, would reach a plea bargain on a sentence if interest to other economists. I asked him corporate law, bankruptcy law, criminal law, both could be made better off compared to how one knew what was of the "latest inter­ an uncertain trial outcome. est." He that one could inter­ and the legal process itself (e.g., the effects risking Similarly, replied gauge of fee shifting statutes, discovery rules and parties would prefer to settle a civil lawsuit est by seeing what problems other econo­ one find a settle­ mists were on. legal precedent on litigation). The "new" out-of-court provided could currently working In short, law and economics is not limited to areas of ment that made both better off than their see what your colleagues are working on and

trial outcomes. that trials to take it a further. I decided to law that only impact explicit markets. It is a expected Assuming try step ask theory of both the legal rules themselves and were more costly than plea bargains or settle- Gary Becker what he thought (though I sus-

VOLUME 43, SUMMER 1997 7 pect I already knew what he would say). the intellectual excitement of the Univer­ would explain why everything that went on Becker had just finished his paper on the eco­ sity of Chicago. Chicago was home to the during the previous four classes was wrong. nomics of crime, and one of Becker's students, economists I most admired-Becker, Coase, Isaac Ehrlich, was completing a thesis at Friedman, and Stigler. Plus it offered me the research int"erest"s Columbia on the deterrent effects of convic­ opportunity to work more closely with tion rates and sanctions on crime. Becker dis­ Posner. So in 1973 I eagerly accepted a Twenty years ago there were two options agreed with my Chicago colleague. His advice tenured appointment at the University of open to an economist who wanted to con­ was simple: law enforcement and litigation Chicago Law School. The Law School had a tribute to the "new" law and economics. He are interesting and important social issues long tradition of having an economist on its could collaborate with a law professor inter­ that can be illuminated by economics; don't faculty starting with Henry Simons, Aaron ested in economics or immerse himself in worry so much about whether your work is Director, and Ronald Coase. When I arrived law and, given enough time and effort, part of the latest fad in economics; and ulti­ Coase was still an active member of the fac­ become sufficiently comfortable with legal mately good work will be recognized. ulty but taught only an occasional course. materials to work on his own. (Today there Fortunately, I listened to Gary Becker. Still my appointment was somewhat unusual. is a third way. By studying the substantial In 1968 I moved from Chicago to New I was genuinely interested in explaining legal law and economics literature, one may be York City to accept a fellowship at the rules and doctrines from an economic per­ able to find promising but often technical National Bureau of Economic Research, and a spective. Coase was not. He believed that problems to work on.) I chose to do both. I year later I joined the NBER's research staff. knowledge of law and legal institutions was collaborated with Posner and I immersed The Bureau formally established a program in valuable because it helped one understand myself in the study of law. Not that I wanted law and economics in 1971 which was funded how explicit markets truly worked. But to be a lawyer but I wanted to know enough by a grant from the National Science Coase had little interest in showing, for about different areas of law to see where eco­ Foundation. The program included Becker, example, that the various legal doctrines nomics would be most useful. Unlike most myself, Isaac Ehrlich, and Richard Posner governing liability for accidents or contract other economists, I actually enjoyed _/ · (then professor at the University of Chicago damages had an implicit economic logic. It is reading law cases. I read them with Law School and now chief judge on the U.S. one of the ironies of law and economics that an economist's eye, however. I Court of Appeals of the Seventh Circuit). the person whose pioneering work (cited by looked for and often found an Adding Posner filled a critical hole in the pro­ the Nobel committee) provided the founda­ implicit economic logic in the out- gram. In order to apply economics to areas of tion for the subject has been less than enthu­ come of a case. And if I didn't quite A.. law other than crime and the courts we need­ siastic about its development. Coase believed get the law right or misinterpreted ed some expertise in law. Posner seemed ideal. that much of law and economics was outside what the judge said, neither of which He had a strong interest in economics, had the domain of economics and that, in any was unusual, I always had Posner or one of already published several widely regarded event, lawyers rather than economists were my other colleagues at the law school to papers in antitrust, and was starting to apply better suited for the enterprise. Most law pro­ straighten me out. economics to torts and judicial administration. fessors went even further. They believed that My first paper with Posner started out as a It should be mentioned that the early lawyers would also fail in explaining law from theoretical comment on Becker's and Stigler's applications of economics to law at the an economic perspective. paper on private enforcement. We showed NBER (pre-Posner) and elsewhere required At the few law schools with an econo­ that private enforcement could lead to over almost no knowledge of law. This was true of mist on their faculty in the 197 Os (as enforcement relative to (optimal) public Becker's paper on crime, Ehrlich's pioneering opposed to a law professor who happened to enforcement because a higher fine would lead studies of deterrence and law enforcement, have a graduate degree in economics), the private enforcers to step up rather than and my own work on the courts, the bail sys­ economist was hired to teach price theory, reduce their enforcement activity. But the tem, and plea bargaining. That this should be co-teach with a law professor a course on paper quickly developed into a more ambi­ so is not surprising. We were economists business regulation such as antitrust and tious project. We tested the predictions of the applying the theoretical and empirical tools serve as a resource to the few law professors analysis against real world observations. We of economics to the of who economics have some­ there is a reliance on systematic study ... thought might explained why greater 5 enforcement. To be sure, we had to develop thing to contribute to their particular area of private enforcement in contract, torts and some basic understanding about the relevant law. The economist did not mess with law, other "private law" areas compared to crimi­ legal terms and institutions under investiga­ nor was he expected to do so. And even nallaw; why victims rather than others have tion, but that requires far less knowledge of when he stuck to economics, the results the exclusive rights to sue and redress viola­ law than becoming familiar and comfortable could be unsettling. One only has to recall tions; why the budgets of public enforcement with legal rules and doctrines in order to ana­ the often-told story of the antitrust course at agencies tend to be small relative to what pri­ lyze them from an economic standpoint. Chicago in the 1950s co-taught by vate profit maximizing enforcers would spend; Professors Edward Levi, later Attorney and why public enforcers nullify particular an economist" on a General of the United States, and Aaron laws by declining to prosecute whereas pri­ law school faculf"y Director. During the first four classes of each vate enforcers would not. We also applied the week, Levi would carefully go over the cases model to blackmail and bribery as forms of Although the Bureau provided a superb and struggle to make sense of the judge's eco­ enforcement and the legal rules governing research environment, it could not match nomic reasoning. On the fifth day, Director rewards for lost or stolen property-also a

8 THE LAW SCHOOL RECORD method of compensating private enforcers. One is that economics departments have economics in the practice of law. Knowing In an important sense the paper on private become less interested in applied economics economics gives them an edge over their enforcement represented a sharp departure such as law and economics. Economics has competitors. As a result, law and economics from my earlier work. It systematically become more formal and theoretical. courses are increasingly popular at law applied economics to a large number of legal Research is increasingly aimed at demon­ schools as are our courses jointly taught by rules and showed how these rules promoted strating technical skills and solving techni­ lawyers and economists in a variety of sub­ economic efficiency. Of course, this was cal problems rather than at analyzing social jects. Moreover, it is not uncommon today mainly due to Posner for I lacked the neces­ problems. Consequently; the law school for an economist to teach a law course alone, sary knowledge of law. But I was determined economist feels less comfortable intellectu­ which was unheard of thirty years ago. to remedy this deficiency by auditing law ally on the other side of the campus. Consider my teaching responsibilities. courses-particularly, basic first year courses Fortunately, this is less true at Chicago. Although 1 run the law and economics work­ such as civil procedure, contracts and torts­ Another is that economists at law shop, 1 teach copyrights, trademarks and and by jointly teaching law courses and semi­ schools have more in common with law pro­ unfair competition and (my favorite) art law. nars with law professors. fessors today than twenty years ago because These are not law and economics courses but Over the next twenty years, Posner and I economics has transformed legal scholarship regular law school courses. To be sure, 1 add a co-authored more than 25 articles and a in torts, contracts, securities, antitrust, cor­ heavy dose of economics not only because 1 book on tort law. Our work was truly a joint porations, environmental law, intellectual am an economist but because the cases effort and continues to this day. 1 have had property and other business related areas. explicitly discuss and recognize the impor- greater responsibility for the economic tance of economic factors and because the

use of

modeling and Posner for the law but each of There are large numbers of law professors economics (by us contributed substantially to both the eco­ who consider themselves members of the lawyers) in private law subjects nomics and the law. True, there were sub­ law and economics movement. Another has become commonplace. Indeed, stantial gains from trade because we each indication of the growing importance of eco­ have become so assimilated into the world of brought different skills to the enterprise but nomics at law schools is the appointment of academic law that I am now a professor of law the final product greatly exceeded the sum economists (but virtually no other non­ and economics not just a professor of eco­ of the individual parts. We each raised the lawyers) to full-time positions at all major nomics (my original title at the law school). marginal product of the other. Looking over and many other law schools. Twenty years the papers, it would be misleading to say ago, the economist at a law school was a t-he fut-ure "Posner did this" or "1 did that" for the ideas, peripheral figure. Today he occupies a cen­ choice of topics, approaches to them and tral position. I have been struck by comments made to me execution were always joint efforts. A related factor is the increasing impor­ on several occasions from young scholars tance of economics in the teaching of law. starting out in law and economics today. The t-he chClnging role Law schools are professional schools that gist of their remarks is that "when you start­ of t-he IClw school view their primary mission as educating ed out there were lots of areas of law open to economist- future practitioners. For economics to be economics but you and others have taken all more than of marginal importance, it must the interesting problems so now there is Over the years I have become much more demonstrate its relevance to the education of nothing left." There is, of course, an element comfortable with law, and pretty much have future practicing lawyers. It has done this by of truth to this but it is greatly exaggerated. become assimilated into the law school cul­ making significant contributions to the prac­ Early on, an economist auditing a law school ture. That is also true for other economists tice of law. Economics has altered antitrust; course in torts or contract was like a child in who have full-time positions at law schools. plays a significant role in securities, pension, a candy store-there was an interesting topic We spend much more time with our col­ environmental, unfair competition and dis­ to be discovered in almost every class. leagues at the law school than we do with crimination litigation; and is important in Indeed, the difficulty was not finding topics economists in the economics department or valuation and damage calculations in virtual­ but deciding which ones to work on. My torts business school. Proximity is one reason but ly all large scale commercial law suits. Law book with Posner is a good example. While there are more fundamental forces at work. students are quick to recognize the value of auditing Posner's tort course, I worked up

VOLUME 43, SUMMER 1997' 9 economic notes on the cases and doctrines than 60 percent of articles published in the extensive margin but easier to work at the discussed in class and in the casebook. Then past year contained substantial empirical intensive margin. I refined and expanded this material in con­ analysis.? This difference cannot be account­ nection with a course I taught in law and ed for solely by differences in data availabili­ concluding remarks economics. These notes became the starting ty. There are substantial bodies of data on the point for our tort book. But today economic number and disposition of criminal and civil In describing his evolution as an economist, analysis of common law fields like torts and cases at both the trial and appellate levels, Ronald Coase wrote: "I came to realize contracts have been so picked over that it awards in civil cases, sentences in criminal where I had been going only after I arrived. would be a mistake for a young scholar to cases, earnings of lawyers, accident rates, and The emergence of my ideas at each stage was concentrate on them. The same is probably so forth. Moreover, computerized legal data­ not part of some grand scheme."s That true for litigation models though I am less bases make it possible at relatively low cost to phrase captures my journey as welL I had no confident here because recent applications of extract significant amounts of information particular career path in mind when I start­ game theory to litigation has yielded some from cases in order to develop data sets rele­ ed graduate schooL I chose economics rather interesting new scholarship. vant to the problems at hand. than something else because I had taken a What is left? Law and economic scholars Finally, there are different approaches to handful of economics courses as an under­ have only recently applied the tools of game research. One can work productively and graduate. I got started in law and economics theory to understanding how legal doctrines imaginatively at either the intensive or by chance because I came across a newspaper may overcome strategic behavior and asym­ extensive margin. The first approach is illus­ article on plea bargaining. True, I wanted to metrical information.v This remains a trated by Coase's work on problems such as apply economics to important social issues promising area for future work. Turning to marginal cost pricing, the organization of but law was just one of many possibilities. I particular fields of law, one observes that firms, social cost and durable goods monop­ worked on a wide range of topics in law that, constitutional law has been barely touched olies. Before Coase, economists had worked on looking back, evidence a common by economic analysis. And family law, crim­ on these problems for many years. Yet Coase approach but not an overall scheme to inaI law (as distinct from empirical studies of was able to say something new and novel remake legal scholarship. I never thought I deterrence), legal procedure, and intellectual about these problems and ultimately to was part of a movement but now it is com­ property have been relatively neglected com­ change the way economists think about monplace to hear about how the "law and pared to torts, contracts and corporate law. them. Becker, on the other hand, works pri­ economics movement" has transformed legal These fields also remain promising for future marily at the extensive margin showing the scholarship and teaching. + work. But the most neglected side of law and relevance of economics to a wide range of economics is empiricaL In most areas of law social issues usually considered beyond eco­ William Landes is the Clifton R. Musser and economics there is a dearth of empirical nomics. These include marriage, divorce, Professor of Law and Economics at the studies that are surely worth doing. Recently, bringing up children, education, altruism, University of Chicago Law School. An expanded I surveyed all articles published in the Journal crime, addiction, and preference formation. version of this essay will appear in The of Legal Studies (the leading "new" law and As Becker and Coase have shown, Nobel American Economist entitled "Passion and economics journal) during the last five years, Prizes can be won at either margin. The fact Craft, How Economists Work" and Passion and and found that only about 20 percent had that there now exists a substantial body of Craft, Economists at Work, Michael Szenberg, some empirical content. Contrast this with literature in law and economics makes it editor (Ann Arbor: Michigan University Press). the Journal of Political Economy where more simultaneously more difficult to work at the Copyright © 1997 by William M. Landes.

1 discusses a number of ture values verbal and Paul Krugman, "How I Work," 37 American important early English quickness analytical Economist 25 (1993). nuisance cases. skills but not painstaking empirical analysis; 6 that law and economics has been centered at 2 For an excellent start in this direction see That friend, Charles Gwathmey, went on to law schools rather than economics departments Baird, Robert Gertner and Randal become one of the leading architects in the Douglas or business and that law the the Harv. Univ. schools; professors, United States today. Picker, Game Theory and Law, contributors to law and economics are Press (1994). major 3 The textbook, Price Theory: A Provisional selected for verbal not quantitative skills are. 7 The reason there are relative few arti­ Textbook, was based on Friedman's graduate empirical Equally puzzling is why economists on law fac­ cles in law and economics is an course at Chicago, and a number of problems interesting ulties also tend to avoid empirical analysis. But in itself. I addressed this issue in that book had been suggested by Aaron question recently again this is related to both the reward structure in a on law and economics at the Director, an economics professor at the presentation at law schools and the kind of economists who annual of the American Economics University of Chicago Law SchooL meetings have been attracted to law and economics. Association. I advanced several explanations 4 See Becker's Nobel Lecture entitled "The 8 R. H. Coase, "My Evolution as an Economist" including that the initial success of law and Economic of at Life." Way Looking version of a lecture in the economics at law schools came not from empir­ (1994), unpublished 5 "Lives of the Laureates" at Coase was an exception. He had taken some ical studies but from the light that economics series, given Trinity business law courses, and his social cost paper shed on legal doctrines; that the law school cul- University, San Antonio, Texas on April 12, 1994.

10 THE LAW SCHOOL RECORD

WORK ON THf KANf (fNTfR BfGINS • • • LAW SCHOOL NEWS

JACK GOLDSMITH ApPOINTMENTS

VISITING fACULTY Lisa Bernstein will serve as a visiting profes­ wife and I sor My of law for the fall quarter in 1997. Ms. Bernstein received her B.A. in economics love the Law School and from the University of Chicago in 1986. She the city of Chicago. In fact, is a 1990 cum laude graduate of Harvard Law I was SchooL After graduation, she served as a married here last M. Olin Scholar in Law and Eco­ John March. Judge Posner mar.. nomics at Harvard, then accepted a position us. were in town as an associate professor at Boston ried We for

Since 1996 she has been a University. pro­ another event and while fessor of law at Georgetown University School of Law. Ms. Bernstein's publications here we decided to get mar .. include "Understanding the Limits of Court­ ried. [Professor] Larry Lessig connected ADR" (1993) and "Opting Out of the Legal System: Extralegal Contractual is an old friend of mine-we Relations in the Diamond Industry" (1992). went to law school togeth.. She will teach corporations and a seminar in er-and he it for us. We marched into corporate governance. arranged Judge

Andrew T. Guzman will serve as a visit­ Posner's chambers and a half hour later we were married." ing associate professor and John M. Olin Scholar during the 1997�98 academic year. On July 1, Jack Goldsmith joined the law School fac­ Wilkinson of the U.S. Court of Appeals for the Mr. Guzman received a Ph.D. in economics uty as an associate professor. He served as a visiting Fourth Circuit, Justice Anthony M. Kennedy of the and j.D. from Harvard in 1996. After gradu­ of law the 1996-97 academic United States and ation, he clerked for the Honorable Juan R. professor during year. Supreme Court, Judge George Torruella of the U.S. Court of Appeals, First A. Aldrich of the Iran-U.S. Claims Tribunal. Circuit. His published works include "The Birth: September 26, 1962, in Memphis. Research Interests: conflict of laws, private interna­ Dangerous Extraterritoriality of American Education: He received his B.A. in philosophy summa tiona I law, civil procedure, and foreign affairs law. Securities Law" (1996), "National Laws, cum laude from Washington & lee University in Family: Married to leslie Ann Williams since March International Money: Regulation in a 1984, a B.A. in philosophy, politics and economics 1996. Global Market" and "How Capital (1997), with first class honors from Oxford University in Professional organizations: Council on Foreign Would You Like to for That? The Pay 1986, a J.D. from Yale law School in 1989, and a Relations, American Society of International law, Strategic Effects of C Arrangements on diploma in private international law from the Member of the D.C. Bar, International law Settlement Terms" (1996). Mr. Guzman will Hague Academy of International law in 1992. Association. teach one seminar and a course on secure Clerkships: Goldsmith clerked for Judge J. Harvie Personal Interests: History, squash. transactions.

Eric Posner was appointed a visiting pro­ fessor of law for the upcoming fall quarter. the of the of Inefficient Norms" Mr. Posner will Mr. Posner received his J.o. magna cum laude joined faculty University (1996). from Harvard in 1991. He then clerked for Pennsylvania School of Law as an assistant teach a course in bankruptcy. Judge Stephen F. Williams of the U.S. Court professor. He is the author of "Contract Law of Appeals for the o.c. Circuit. From 1992� in the Welfare State" (1995), "The LECTURER IN LAW of The Influence of H. Rubinstein a 93, Mr. Posner served as attorney advisor in Regulation Groups: Javier accepted position the Office of Legal Counsel in the U.S. Legal and Nonlegal Sanctions on Collective as a lecturer at the Law SchooL He has spe� Department of Justice, after which he Action" (1996), and "Law, Economics, and cialized in complex commercial and interna-

14 THE LAW SCHOOL RECORD tional civil litigation at the Chicago firm FACULTY HONORED Mayer, Brown & Platt since 1989. In that year, Mr. Rubinstein received his J.D. cum laude from Georgetown University Law

Center. He served as Midwest co-chair of the ABA Business Torts Litigation Commit­ tee and, in 1992, served as counsel to the Illinois Supreme Court Special Committee for the Administration of Justice. Mr.

Rubinstein will teach a seminar in interna­ tional civil litigation.

MOVING ON

Michael W. McConnell '79, William B. Graham Professor of Law, resigned his posi­ tion at the Law School. Professor Me­

Connell accepted an appointment at the University of Utah. He was a member of the Lucas Obama faculty since 1985. Stephen Holmes, Professor of Political On October 17, members of the Illinois Obama's constituents include residents Science and Law, Law School, Department State Supreme Court honored Professor in the Hyde Park, South Shore, parts of of Political Science and the College, Jo Desha Lucas with a certificate in Englewood, and several other communi­ Director of the Center for the Study of recognition of his extensive work on the ties in the Chicago area. Obama, who Constitutionalism in Eastern Europe, and Supreme Court Rules Committee. serves on the boards of a number of civic Russell Baker Scholar, resigned his position Lucas, the Arnold 1. Shure Professor of organizations-including the Joyce Urban Law was chairman the at the Law School. Professor Holmes accept­ Emeritus, of Foundation, Woods Fund of Chicago, the committee for 25 and a and the ed an appointment at NYU. He was a mern­ nearly years Chicago Annenberg Challenge, ber of the faculty since 1989. member for 30. which funds school reform efforts­ Professor Lucas began his many years plans initially to focus on the state legis­ of service at the Law School in 1952 latures efforts on welfare reform, public MILLERS ESTABLISH STUDENT when he was appointed a Bigelow Fellow. school funding, and the promotion of The he was named an small business ASSISTANCE FUND following year, development. assistant professor and dean of students. Since 1992, Obama has been a mern­ Byron Miller '37 and Jeanette Rifas Miller He became a full professor in 1961. He is ber of the law firm of Davis, Miner, '37, have generously established the Byron one of the country's leading authorities Barnhill & Galland, where he specializes S. and Jeanette R. Miller Working Students in the field of practice and procedure. in civil rights legislation. During the

Assistance Fund. Students who maintain a Senior Lecturer Barack Obama was 1996�97 academic year, Obama taught

elected a member of the Illinois State courses on constitutional law and B average or higher and who are employed a voting the thirteenth as well as a seminar on racism and minimum of eight hours or more a week will Senate, representing leg­ rights, qualify for assistance. islative district, on November 5. the law. Since their graduation from both the College and the Law School, the Millers have a maintained strong relationship with seek a University of Chicago Law degree, to be grateful to the University; including the a University of Chicago. They have and hope their contribution will go a long that while students here, they met one clear of the hard­ understanding economic way to alleviate some of the pressures. another and have since enjoyed life together ships which some students undertake to The Millers feel they have many reasons for almost 60 years.

VOLUME 43, SUMMER 1997 lS The Millers look back upon their time at the RENO DELIVERS lAW DAY .ADDRESS Law School with a great deal of pride, par­ ticularly regarding the distinguished Class of 1937. After graduation from the Law School, both Mr. and Mrs. Miller moved to Washington, D.C. where they both worked in the Office of Price Administration. Mr.

Miller also served as general counsel to the Office of War Mobilization and Reconver­ sion and helped draft the McMann Bill for control of atomic energy. Mr. Miller then became general counsel to the American Jewish Congress. They returned to Chicago in 1947, when Mr. Miller returned to pri­ vate practice. He eventually joined D'Ancona & Pflaum. He retired from the

firm two years ago. Beginning in 1980-to avoid those grueling Chicago winters-Mr. Miller taught Estate Planning at the University of San Diego. Mrs. Miller took time away from her legal career to raise three daughters-all attor­ neys-and involve herself in civic organiza­ U.S. Attorney General Janet Reno (seen above with Dean Douglas Baird) spoke at the Low School on May 1 in tions where she claims she was responsible honor of Notional Low Day. Ms. Reno discussed the role of lawyers in today's society. Addressing a pocked audience for writing, and getting others to agree on in the Glen A. Lloyd Auditorium, the attorney general called for increased commitment to the community. "Do not be bylaws using Roberts Rules of Order. live in or the nome of the low firm work she said. "Become known for the money you make, the house you , you for," In accepting their gift, Dean Douglas known for how you use the low to help achieve equality and to contribute to your community and notion." Baird said, "This gift serves as a shining example of the generosity and devotion Byron and Jeanette have displayed toward his generous gift will have in the life of the The program also included "Prospects for the University and the Law School Law School." Fundamental Tax Restructuring," delivered throughout their lives. The Byron S. and by Professor Elizabeth Garrett; and "Estate Jeanette R. Miller Working Students Planning for Sophisticated Executive Assistance Fund will go a long way to TAX CONFERENCE Compensation Techniques," which analyzed addressing a central need of our students. transfer tax planning for executives of both We are deeply honored and grateful for The Law School's 49th annual Federal Tax closely held and publicly-traded corpora­ their support." Conference drew from across participants tions, using the most recent executive corn­ the country. During the three-day event, pensation techniques, and presented by held in Swissotel on October 28� Chicago's Sheldon 1. Banoff '74 a partner with Katten THE JOSEPH GREEN 30, a variety of subjects was discussed, Muchin & Zavis. SCHOLARSHIP FUND including taxation and the Internet, execu­ tive compensation, reorganizations and sim­ As in the Fall 1996 Record, the reported ilar transactions, corporate debt and equity, CLINIC AWARD estate of E. Law School gifts Joseph Green, "'international tax planning, and recent Class of 1931, to the University and the Law developments in policy planning. Jeffrey During a special lunch in the Law School's School included a residual amount for the Green the of Sheffield, lecturer in law and a partner with Lounge, Anti-Poverty Project Law School to create a fund. the Mandel Clinic the 1997 scholarship Kirkland & Ellis, presented a talk entitled presented The amount of this residual is over mil­ IV�D Hound of the Year $1.2 "Breaking Up is Hard to Do: Spin-Offs and Operation Dog lion making the Joseph E. Green Scholar­ Split-Offs under Code 355" during which he Award to Paula Roberts. This marks the first Fund one of the such funds at time the has honored someone for ship largest examined topics relating to corporate spin­ Project the Law School. service to women and children offs and split-offs, including the use of lever­ outstanding Dean Baird said that "this will make in child enforcement. Roberts is a gift age, spin-offs followed by acquisitive trans­ support a difference in our to senior staff at the Center for Law significant ability actions, latest IRS pronouncements, pro­ attorney offer financial aid to deserving students. I posed legislation and the future of spin-offs and Social Policy in Washington, D.c. For know would be of the Joe proud importance in the face of General Utilities repeal. continued on page 18

16 THE LAW SCHOOL RECORD VISITING COMMITTEE

Concentrating on that issues that effect long range planning, members of the Law School's Visiting Committee met for their annual meeting on November 7-8. After the tradi­ tional continental breakfast, Mitchell Shapiro '64, chair of the committee, wel­ comed the members and introduced Lawrence Furnstahl, vice-president and chief financial officer of the University of Chicago, who spoke on the university's long­ range plans. After Dean Douglas G. Baird brought them up to date with an overview of the current status of the Law School, atten­ tion shifted to a series of small group sessions, each of which focused on separate long-range planning issues. The first session, chaired by Lee Rosenthal '77 and attended by Professor Richard Epstein, analyzed aspects of faculty retention planning and how the faculty turnover rate, though comparable to that of peer institutions, affects the Law School more because of its relatively smaller size. Session two was chaired by Mitchell Shapiro '64 and featured Professor Randal Picker '85. Committee members discussed the effect the dramatic changes in the practice of law-such as the disappearance of long-established firms and the greater dependence on technology­ have on law school curricula.

Finance and school operations were the topics attended to in the third session. Chaired by Don Bernstein '78, who joined Associate Dean Christopher Heiser and Assistant Dean of Development Gregory Wolcott, the session touched on the changes in revenues and expenses. The final session was chaired by Daniel Doctoroff '84 and attended by Professor Dan Kahan and Deans Holly Davis '76, Ellen M. Cosgrove '91, and

Suzanne Mitchell. Public Relations was the issue, and the group discussed the Law School's image and how that affects the abil­ ity to recruit faculty and students- After a (Top) Visiting Committee members Janet Ashcroft '68, James Mercer '71, Donald Bernstein '78, ond Ricki Helfer '76 lunch time break, during which members had shore 0 moment prior to the Visiting Committee's first session. (Middle left) Philip Harris '83 ond Karl Becker '68 confer os the opportunity to meet with students and they prepore for the meeting to convene. (Middle right) During the lunch breok, committee members visited with severo I stu­ hear their views, the committee reconvened dents, including Judge Jack Alex '57, ond (below) Gretchen Winter '83 ond Roberta Ramo '67. for group reports and discussion. James Mercer '71 and Law Librarian Judith Wright Weymouth Kirkland Courtroom to listen to The following day, committee members outlined the tremendous advances the Law the 1996 Wilber C. Katz lecture. Professor met with Dean Baird who discussed with

School has made in the past few years in all David Strauss delivered the address, entitled them the objectives of the Law School and areas of technology and looked forward to "Does it Matter if We Amend the Constitu­ plans to obtain them. what lies ahead. tion?" A reception followed the lecture, after A complete list of the Visiting That afternoon, committee members which the committee gathered in the Committee can be found on the back page of joined faculty, staff, and students in the Burton-Judson Lounge for dinner. this magazine.

VOLUME 43, SUMMER 1997 17 continued from page 16 ART AT THE LAW SCHOOL the past 25 years, she has worked on issues

of welfare reform, child care, and child sup­ port and is the author of numerous law review articles on these subjects. In present­ ing the award to Roberts, Clinical Professor Gary Palm commended her leadership in developing working models for combining litigation and legislative advocacy. "She is the national leader in this field," said Palm. "Paula represents the kind of mix of theory and practice that modem clinical scholar­ ship should emulate."

SCHWARTZ LECTURE

On January 22, Roberta Cooper Ramo '67, a member of the Albuquerque law firm of Poole, Kelly & Ramo and former president of the a moment to view artist Michael Dreeben's "Hom law students Laura Mullins, David American Bar Association, delivered the Taking Machine/' first-year Azad, and Ariana joined several law community members at the opening of the second Midway Art 1996-97 Ulysses S. and Marguerite S. Almaian Exhibit lost February. Works by sixteen different graduate art student were on display in the classroom corridor Schwartz Memorial Lecture. In a speech to the the month. In addition to the display, several accompanying events were offered to analyze the collabo­ Law School community entitled 'The Ameri­ throughout ration of art and a tour of the low School's own art collection with Dean G. Baird; can in a Fourth Mrs. Ramo low, including walking Douglas Lawyer Century," II a roundtable symposium, Artists' in a World/' that featured Scott Hodes, a senior portner at the examined the role of the lawyer in American Rights Changing firm Ross & Davies and attorney for artists Christo and Jeanne-Claude; and "legal Issues for Artists/legal society during the first three centuries of Chicago Volunteers for the Arts/' a roundtable discussion with lawyers from Chicago arts coalitions. jurisprudence on this continent, and looked forward to the changes in store that await the legal profession in the next hundred years. Lawyers, Mrs. Ramo noted, have held 1974 and underwrites visits to the Law four key roles in the advancement of School by distinguished lawyers with experi­ American society: they are the architects of ence in academia, in practice, or in public systemic problem solving; they are the par­ service to share experiences and ideas with ties who guide conflicts to peaceful resolu­ the Law School community. tions and conclusions; through their willing­ ness to be active public servants, they are great American citizens; and they are stub­ KATZ LECTURE born upholders of the truth, unbending to what may seem popular. Amendments to the United States But as we enter into the fourth century, Constitution are far less important than is she continued, legal practitioners need to naturally assumed. This is the conclusion face the several crises that threaten reached by Professor David A. Strauss, the American society today. She warned there Harry N. Wyatt Professor of Law, during the was a justice crisis in the civil sector and said annual Wilber G. Katz Lecture on that complete access to the justice system November 7. Speaking from the podium in a was imperative. "If we begin to ration out crowded Weymouth Kirkland Courtroom, David Strauss justice, all Americans will suffer." Professor Strauss assailed the current trend placed, Professor Strauss suggested the prin­ now in for "Amendment-mania." In the Litigation, she continued, is increas­ Congress ciples of government evolve not through ingly rare and will be even rarer in the next past two years, he observed, 157 amend­ titanic efforts as constitutional amend­ ments have been on 32 in century. Mrs. Ramo urged that alternative proposed subjects; ments but through the normal legislative resolution is to learn. his recent Bob Dole dispute important presidential campaign, and legal processes. And must lead full and alone amendments aimed at school finally, lawyers proposed Strauss supported his argument with term and complete lives that must include their fami­ prayer, flag desecration, limits, three observations. First, in this century,

lies as as balance. well their practices. budgetary most of the major alterations to the scale The Schwartz lecture was established in such efforts as mis- Labeling sorely and scope of our government were brought

18 THE LAW SCHOOL RECORD about by extra-amendatorial means. How TO PAY THE GAME Second, despite non-ratification, many failed amendments have subsequently become parts of the American governmen­ tal fabric. Finally, few amendments have impact on American life until society has evolved and embraced them. In the end, Professor Strauss stressed that society gets the government it wants, with or without amendments. Traditions, customs, and evolutionary forces are the true facilita­ tors of change in a mature society.

ROUNDTABLE PANEL: PERSPECTIVES ON DIRECT DEMOCRACY

PERSPECTIVES ON DIRECT DEMOCRACY On Friday, November 15,1996, students and professors packed the law school courtroom to hear a panel discussion on direct democ­ Lester Munson '67, senior editor at Sportsll/ustrated, makes another point on the economics of sports today dur­ racy sponsored by The University of Chicago ing the Professional Sports Today panel discussion on January 28, Along with Munson, Alan Sanderson of the uni­ Law School Roundtable. After opening versity's Department of Economics, and Associate Dean Richard Badger '68 spent the afternoon with students remarks and introductions by Dean Baird, exchanging insights and analyzing the complicated relationships among players, owners, teams, leagues, and their the discussion commenced, featuring as pan­ supportive (or non-supportive) communities in the sports world. elists Barack Obama, a senior lecturer in the Law School and Illinois State Senator, and Professor Elizabeth Garrett, assistant profes­ sor in the Law School and former legislative The of Forum director for Senator David Boren (D.-OK). University Chicago Legal The panelists debated the effectiveness of Announces a special sale only for Law School Alumni recent popular initiatives and referenda designed to give people a direct legislative voice through majority vote. All volumes now only As Professor Garrett pointed out, it comes as no surprise that interest in initia­ tives and referenda has heightened "at the $20 same time there is growing disillusionment with government and politicians." Experts project that the upcoming decade will pre­ Volumes for sale include: sent nearly 100 more popular initiatives "THE LAW OF CYBERSPACE" than the high water mark of direct democra­ "VOTING RIGHTS AND ELECTIONS" cy during the Progressive Era. California alone presented 71 initiatives in the 1996 "TOWARD A RATIONAL DRUG POLICY" election year and will probably hold votes on "A FREE AND RESPONSIBLE PRESS" at least twenty more this year. Obama described this trend in direct democracy as a To Order write to: response to the feeling that government now University of Chicago Legal Forum 1121 E. 60th Street seems too remote and that civic participa­ IL 60637 tion has declined. Industrialization, modern Chicago, communications, high mobility and urban­ or order from our web site: ization have diminished the ability of people s tudent-www.uchicago.edu/orgs/legal-forum "to come together and participate in poli­ (This offer will be open only until 12/31/97) tics." As a result, says Obama, "what's replaced it has been sort of a narrow interest

VOLUME 43, SUMMER 1997 19 group politics ·that never involves reconcil­ MUSICAL TREAT - ing differences because we're never having a conversation face-to-face with people who

may have different opinions ... or [different] interests." Thus, as Garrett explained, direct democracy gives citizens the "idealistic notion" that they can end political alien­ ation and become legislators themselves. Nonetheless, as the panelists argued, recent initiatives and referenda have not

decreased the influence of narrow special interests nor increased political participa­ tion. The recent voter initiatives did not

encourage citizens to participate in the vivacious discussions in the block clubs, barbershops, bowling leagues, PTA's, unions and churches from yesteryear that Obama described. Instead, voters experienced par­ ticipation in direct democracy through "a catalogue of initiatives, drafted in incom­ prehensible language, printed in tiny type to save money, and virtually impossible to tell whether a yes or no gets the vote they Confronted by an odd assortment of stranger-than-usual faculty members, desperate administrators, wide-eyed law are looking for." students, and a smattering of Oompa-loompas, prospective law students learn the rigors of the law school admissions Additionally, asserted Obama, direct process the hard way in "Charlie and the law Factory/' the 13th annual law School Musical. Presented in the Glen democracy may exacerbate the gap between A. lloyd Auditorium on February 21-22, the musical laid bare several law school secrets, such as Professor Elizabeth representative government and public par­ Garrett's unique method of grabbing her student's undivided attention (below). ticipation. As he explained, the high costs of passing initiatives or referenda may pre­ vent broad or comprehensive discussion about the underlying issues. Instead, privi­ speed and efficiency in getting issues onto leged groups with spending power simply the ballot. In fact, most recent suggestions engage in campaigns to market and package include soliciting signatures on websites their ideas. Moreover, the conservative over the internet. Garrett emphasized that

tendency of public debate may unfairly dis­ in representative government, voters elect advantage initiatives which require more politicians with the aid of information such public spending or higher taxes. With the as political party affiliations and incumben­ difficulty of raising money and persuading cy records. In the context of direct democ­ voters to support more spending, direct racy, voters are left to sift among a large democracy perhaps accomplishes nothing range of potentially deceptive interest more than promoting the status quo. group campaigns. Garrett cited a study of Furthermore, as Garrett suggested, voter major ballot questions where the biggest initiatives can increase the comparative spending side won almost 80% of the time. advantage of narrow special interest groups She urged the audience "to be very realistic "from determining what issues get on the in the role of special interest groups in this ballot, to how the issues are framed, to entire process." shaping the debate, and to the success or failure of valid initiatives." Because getting Rebecca Glenberg '97 issues onto the ballot typically requires a STUDENT NEWS substantial percentage of gubernatorial vot­ Washington, D.c. The award recognizes law ing populations, direct mail companies AWARDS AND HONORS students who have made significant contri­ have much more success soliciting support­ Last October, 3L Rebecca Glenberg became butions in the field of public interest law. ers versus face-to-face public solicitations one of four recipients of the Award for During the past summer, Glenberg through the classic "table in the shopping Exemplary Public Service presented annual­ worked on two significant projects at the mall." Little public discourse arises when ly by the National Association for Public Roger Baldwin Foundation of the ACLU. these special interest groups emphasize Interest Law (NAPIL) conference in The first project involved schools in a pri-

20 THE LAW S C H 0 0 L R E COR D marily African-American East St. Louis community. Many of the schools do not have teachers for every classroom, operate with a shortened school year, and lack basic facilities like working toilets. Rebecca was instrumental in developing a complex feder­ al constitutional theory that the State incurs an obligation under the due process clause to provide at least a minimally adequate educa­ tion in those schools. This work became the basis for a reply brief filed in the Illinois Court of Appeals. Glenberg's second project was helping to draft an amicus brief on behalf of a Native

American woman convicted of child neglect based, in large part, on the fact that she drank during her pregnancy. Glenberg argued that a woman's right to privacy means that she retains autonomy and inde­ pendent decision making during pregnancy, (And for those who keep tabs on these Isenbergh, Elizabeth Garrett, Tracey and the State cannot regulate her conduct things, perennial favorite "An afternoon Meares '91, and Dan Kahan (seen above in simply because she is pregnant. with Professor Cass Sunstein's dog, Bear," deep, yet futile, discussion), though leading Glenberg remains committed to civil rights went for only $60 this year, a quarter less by four points at the end of round two, were and liberties issues and plans to enter the field than the previous year's winning bid.) unable to prevent the rout that ensued. of public interest law after graduation. The firm of Wildman, Harrold, Allan & TRIVIA CONTEST Dixon awarded Elisa Davis '97 a Public Somehow, the outcome was never much in ADDENDUM Interest Law Initiative Fellowship to serve as doubt. On April II-for the eighth year in a a graduate fellow this summer in the Mandel row-the student Trivia Contest team wiped Unfortunately, the Law School Record was in Clinic. Davis, a native of New Jersey, the floor with their faculty challengers. possession of an incomplete list of 1997-98 received her B.A. from Brown University. Cheered on by an enthusiastic mix of stu­ University of Chicago Law Review editors Last year, she served as president of the dents, faculty, and visiting admitted students, when the last issue went to press. Black Law Students Association and partic­ the A-Team, consisting of lL students Mike Consequently, the name of David M. ipated in the Immigrants' Rights Center and Zwibelman, Brad Tusk, Eric Miller, and Gossett, the Review's new associate editor, Neighbors, a community outreached group. Mike O'Connell, held at bay the best efforts was left out of the printed list. The Record of the Faculty All-Stars. Professors Joseph regrets this omission. CHARITY AUCTION

On Friday, January 31, with the ever­ popular Professor Richard Epstein as auc­ LAW SCHOOL TELEPHONE, E·MAIL, AND WEB GUIDE tioneer, the annual Charity Auction raised CUP AND SAVE close to $15,000 for the Woodlawn General Information (773) 702-9494 Development (773)702-9428 Organization, a group committed to the [email protected] [email protected] development and improvement of the 1& http://law.uchicago.edu neighboring Woodlawn community. The Library Information (773) 702-9615 most item on the docket was a party popular Administration (773) 702-9495 [email protected] for 60 students to be hosted Professor by [email protected] http://law.uchicago.edu/lib Richard Helmholz at his beautiful Hyde Library Reference (773) 702-9631 Park home. The event was finally purchased, Law School Record (773)702-9629 after a sprightly bidding war, for an amazing [email protected] MacArthur Justice (773) 753-4405 $2,525. Even more amazed was auctioneer [email protected] Alumni Relations Epstein as he read aloud the particulars of (773)702-9628 Mandel Clinic (773) 702-9611 one last-minute entry to be auctioned: a full­ [email protected] http://law.uchicago.edu/Mandel day with the Epstein family at their summer Career Services (773)702-9625 Transcripts (773) 702-9485 home in Michigan, donated by the Professor [email protected] [email protected] Epstein's wife. Much to his pleasure, the package sold for nearly $1,500.

VOLUME 43, SUMMER 1997 21 ALUMNI NEWS

A.A.L.S. RECEPTION FOR WOMEN STUDENTS AND GRADUATES On January 6, 1997, alumni attending the annual meeting of the Association of American Law Schools in Washington, D.C., met for a reception at the Washington Hilton and Towers. The reception provided attendees with the opportunity to meet informally with Dean Douglas G. Baird and members of the Law School faculty.

CHICAGO

Loop Luncheons The Law School Comes to the Loop Throughout the year, the Loop Luncheon series has brought the Law School to the Loop, featuring members of the Law School's faculty. Attendees were treated to discussions of everything from telecommu­ nications reform to literature and the law.

"Great Books" This fall, the Loop Luncheon series featured Law School faculty members whose recent On January 23, Stephanie Scharf '85 hosted the annual law School reception for women students and graduates books have earned considerable attention. at her firm, Jenner & Block. Roberta (ooper Ramo '67, first woman president of the American Bar Association, Dan Fischel, Lee and Brena Freeman was the special guest. Over 100 women attended the reception, including many of the students involved in the law Professor of Law and Business, kicked off the School's mentoring program and their mentors. Pictured above are Ann Lousin '68 (left), professor at The John series on November 21 by discussing his con­ Marshall law School, with Mrs. Ramo '67. lousin is serving as chair of the Armenian Bar Association. troversial book Payback. In it, Professor Fischel argues that the conventional wisdom on Michael Milken and the myth of the "Great Teachers" Richard Epstein, James Parker Hall "decade of greed" are completely wrong. The spring Loop Luncheon series featured Distinguished Service Professor of Law, On December 10, Martha Nussbaum, Law School faculty who have won the closed the "Great Teachers" series on May 9 Ernst Freund Professor of Law and Ethics, Graduating Students Award for Teaching with his discussion of "The Telecommuni­ continued the "Great Books" series with a Excellence, selected each year by the gradu­ cations Revolution." The Loop Luncheon discussion of the importance of the literary ating class. David Strauss, Harry N. Wyatt was held in conjunction with Reunion imagination in society, a topic she explored Professor of Law, recipient of the 1996 Weekend, allowing Chicago-area graduates in her book Poetic Justice. award, kicked off the series on March 10 by an opportunity to meet with out-of-town Cass Sunstein, Karl Llewellyn Distin­ asking the question "Does It Matter if We alumni celebrating reunions. guished Service Professor of Jurisprudence, Amend the Constitution?" Loop Luncheons are held throughout the closed the series on January 14 with a dis­ On April 8, David Currie, Edward H. academic year at the Illinois State Bar cussion of his book Legal Reasoning and Levi Distinguished Service Professor of Law Association, Two First National Plaza, 20 Political Discourse. Professor Sunstein argues and Arnold Shure Scholar, continued the South Clark Street, Suite 900. The Loop that the courts best enable people to live series with his entertaining take on "The Luncheon Committee, chaired by Virginia together, despite their diversity, by resolving Constitution and the Congress, 1801- Harding '72, invites you to attend future particular cases without taking sides in 1825." Professor Currie received the Award luncheons. For more information, please call broader, more abstract conflicts. for Teaching Excellence in 1992. Rachel Smith at (773) 702-3671.

22 THE lAW S ( H 0 0 l R E ( 0 R D BOSTON tion on January 9 on the occasion of her PHILADELPHIA appointment as editor of the Los Angeles Beth Boland '88 hosted a reception for Boston Daily Journal. The reception, held at the Dean Douglas G. Baird addressed area law and business school at her alumni at a luncheon on graduates California Club, was hosted by Karen Philadelphia-area and 28. The luncheon was hosted firm, Mintz, Levin, Cohn, Ferris, Glovsky Kaplowitz '71, Los Angeles chapter presi­ April by P.c. Lawrence Professor of Lawrence T. of Popeo, Lessig, Law, dent; James Mercer '71; Michael Meyer Hoyle, Jr. '65, president discussed the some of the new legal frontiers the Philadelphia Chapter, at his firm, '67; Neal Millard '72, Michael Shapiro '64; posed by the increasing use of the Internet. Hoyle Morris & Kerr. Dean Baird brought and Janet Shprintz '78, former editor of the those attending up to date on the state of Los Angeles Daily Joumal. DENVER the Law School.

PALO ALTO On October 14, Jim Hautzinger '61 wel­ WASHINGTON, D.C. comed Denver area alumni to his offices at On October 17, Clark '89 hosted a Sherman & Howard for a luncheon. Those Douglas Young alumni in the Washington, D.c., area luncheon for alumni in Palo Alto at his attending welcomed guest speaker Professor firm, met for a breakfast with Dean Baird on Goodrich & Rosati. Lawrence Lessig, who presented a talk on Wilson, Sonsini, October 30 at the Capitol Hill Club. The cyberspace and the law. Attendees welcomed Dean Baird, who spoke breakfast provided an opportunity for young on "The Agents of Bankruptcy," and graduates to speak informally with the Dean M I A M I answered questions about the Law School. about the Law School.

Alison Miller '76, president of the Miami chapter, graciously hosted a luncheon at her firm, Stearnes, Weaver, Miller, Weissler,

Alhadeff and Sitterson on March 3. Attendees had the opportunity to meet with Dean Douglas G. Baird, who spoke on the state of the Law School.

NEW YORK

The Law School hosted a breakfast for young alumni in New York City, on October 31 at the Sky Club. The breakfast provided an opportunity for young gradu­ ates to speak informally with the Dean about the Law School.

On April 25, New York area alumni joined Nancy Lieberman '79, president of the New York chapter, in welcoming Richard Epstein, J ames Parker Hall Distinguished Service Professor, to a break­ fast at the Sky Club. Professor Epstein pre­ sented a lively discussion of "Physician­ Assisted Suicide, Yet Again."

LOS ANGELES

Katrina Dewey '86 was honored at a recep-

VOL U M E 4 3 I SUM MER 1 9 9 7 23 Class Notes Section – REDACTED for issues of privacy

ciate attorney general for the Supreme Court Litigation Branch of the National Labor Relations Board, was named as Runner-Up on the June 7, 1995, at the South African Embassy for the 1994 Justice Tom C. Clark Outstanding Lawyer award. Nort was recog­ nized for long-term, career, civil service achievement. I have not talked with him (so the claim is not his) but he has perhaps been involved in more Supreme Court cases than any Law School graduate.

CLASS OF

Class Correspondent Chuck Russ P.O. Box 6667 Shawnee Mission, KS 66206-0667 913/341-2292 (24 hr Voice Mail) FAX: 913/341-7602 e-mail: [email protected]

Of course. Who else should lead the world's

greatest law school into the Internet and e­ mail other than us? Here is just a small sam­ ple of what you can expect. From Paul Allison: "Thank you for those

kind words. Have you read Bob Bork's book, Gomorrah Revisited, or something of that sort? I read an excerpt in National Review. It is good. Too bad Bob didn't graduate with us. We could be proud of him." Earlier, during football season he wrote: "Congratulations on beating Pitt. But does­ n't everybody? All the best. PJA." Paul really knows how to cause pain. He's

off on a three-week extensive tour of some of the world, and is most worried about being gone from the office. To that I just say, don't let a little thing like the practice of law spoil any fun, PauL It hasn't for the past forty-five he still enjoys duplicate bridge and golf. years and my best to Willie. CLASS OF As TV's Columbo would say: "One more From Bob Kharasch: Subj: Nantucket; thing"... your correspondent was surprised "The Objective Observer" © 1996 by RK on October 11 by a reunion of her scattered W.H. Speck wrote to say: "Let me belatedly Publications. ("The Objective Observer" to of one of family on her 80th birthday. Who says call attention the achievement appears as a weekly column in Anguilla's "there's nothing to report?" my classmates. Norton J. Come, deputy asso- [only] newspaper The Light. The column is

VOL U M E 4 3 I SUM MER 1 9 9 7 25 copyrighted and cannot be reproduced with­ out permission.): "Before we do anything else, please explain to the baffled 00 the statement found in the constantly-running TV adver­ tisement, urging us all to telephone for help (for a fee) from a genuine psychic. The state­ ment is: "Genuine psychics are waiting for your call!" Now, if the psychics are truly gen­ uine, they truly know whether or not you are going to call, and when, so why are they t 1996, Desai served as a intern at the Clini.c or the Homeless in Atlanta w waiting around? And if they're all that psy­ I�gal Legal status and of house and G chic, why not just spend a week speculating rning legal rights rooming tenantst ellJployee wage claims, Child Jurisdiction Act. This he will work as a summer associate at on the stock market, and forget this 'phone­ Custody summer, for-a-fee' idea? So is the advice genuine? Or Phleger & Harrison. is just (sobl) one more promise in an elec­ tion year?

"The island of near Nantucket, Cape sters. As for drink, the unscientific survey by introduce students to one hundred different had a Cod, Massachusetts, population (per­ this column has determined that rum is careers that do not require a four-year col­ of in while manent) only 6,012 1990, available in both venues. ["Venue" is a fancy lege degree. This involves lots of legal work, must be about souls now. Anguilla 10,000 by word meaning "Place," as in the songs begin­ participation in marketing strategies, and The two islands are about the same and area, ning "Venue came to me with lovelight development of new materials, such as moti­ each is flooded with visitors. Of seasonally shining ... "J vational tapes. I find all of this a lot more fun Nantucket is almost visitor-free in course, "We now come to the real problem, and than tax practice in a law firm in today's Winter, as Anguilla is in what we may call, that is automotive. On Nantucket, they environment, although I still provide legal the wind season. politely, high drive on the right, with cars that have left­ services to a handful of clients who would it is not efficient for Nantuc­ "Obviously, side steering wheels, designed to drive on not let me retire from law practice com­ ket to sit around all nor are empty winter, the right. On Anguilla we drive on the left, pletely. And I am still pursuing the produc­ hotels and restaurants Anguillian delighted with cars with left-side steering wheels, tion of a couple of movie projects which with the summer this column has slump. So, designed to drive on the right. That is one of would develop in the next year or two." an idea of considerable merit. That is, during the charms of Anguilla, and this column "1996 also was a banner year for travel: the winter Nantucketers off-season, get firmly believes that Anguilla will never Santa Fe, L.A., Chile (from Santiago to the down here and and in the off-sea­ help out, switch to driving on the right. We lose a few Straits of Magellan), the French Riviera, son buzz and out here, Anguillians up help tourists, that's true, but there's always more and the lake district of Italy, topped off by a on Nantucket. In this and way, labojujr cap­ where they came from. So, what will New Year's Caribbean cruise. Having spent ital will be allocated and be efficiently fully Anguillians do on Nantucket? Drive on the all my money, I expect to stay at home most employed, to the joy of all good economists. left, that's what. This could lead to lack of of 1997." "A small bit of preparation and indoctri­ international amity. Chuck also compiled a great souvenir nation will be for the North-South necessary "While we ponder this obstacle, it would collection of songs from the Fortieth transfers to work. First of all, Nantucket is be best for all adventurous Anguillians to Reunion, and I found a tape of the and has restric­ incurably quaint, building work on their slang of the year 1800, and to Twentieth Reunion which I'll replay soon tions requiring all residents to dress like old study whaling and read Moby Dick again. and maybe include in the next issue. about on wood­ whaling captains and stump Call me Ishmael." All that is just a tiny sample of what is out en legs. Restaurants must be reminiscent of Bob added in another e-mail that he's there. However, information does come in ancient and waitresses have to wear Inns, "trying to patent 'UBob's Instant Weight other than e-mail. For example, Ab Mikva, low-cut bodices. In contrast, one of Loss Plan-It's Better than Being Trapped in like "Dolly," is home where he belongs, The charms is the absence of Anguilla's leading an Egyptian Tomb.'" Law School. Chicago must seem like heaven quaint here. Anguilla is a genuine place, To which I will simply add, Bob, that after D.C., Ab, and it's wonderful to have with real not dressed in costumes. people while I may never actually get to visit you in you nearby. Don't make any advance plans This will some acculturation semi­ require Anguilla, I know that I'll always regret it. for the Fiftieth Reunion, just show up. It will nars for Nantucketers (Nantuckerinos?) as Chuck Lippitz mailed: "OK, it's time to be headed by Jerry Specter. It's Elaine, how­ well as brave Anguillians. put on my thinking cap for the class newslet­ ever, who has mastered e-mail, as you'll see. "The won't be much a food of problem, ter. I am involved even more with the Enter I get neat comments from her, and she owns as both islands have fishermen and lobsters, Here series of one hundred video tapes and and plays beautifully one of my favorite at first the Northerners will think although print materials, distributed to schools and Steinways. My own, which is #1, came from someone has stolen the claws off their lob- vocational centers throughout the U.S., to her uncle, who searched for a year before he

26 THE LAW S ( H 0 0 L R E ( 0 R D CLASS OF

Class Correspondent Elbert J. Kram Bricker & Eckler 100 South Third Street Columbus, Ohio 43215�4291 E�mail: [email protected]

Class of 1966 newsmakers include Lewis M. Collens, president of Illinois Institute of Technology, who recently received chal­ lenge grants on behalf of lIT totaling $120 million from the founders of Hyatt Corp.

and the chairman of Motorola. These very significant gifts signal a giant leap forward both for the university and for efforts to revi­ talize the Near South Side. They also are an expression of faith in the leadership of that institution. Lew reports that while meditat­ ing-on a golf course-about work yet nee­ essary to reach lIT's campaign goal of $250 million, he knocked in a hole in one. A pos­

itive omen indeed!

Also making the papers: Michael L. Shakman of Miller, Shakman, Hamilton & CLASS OF CLASS OF Kurtzon, Chicago, who found himself knee deep in a cause celebre, the effort of the City Don't forget to In Restraint of Trade: The Business Campaign of Chicago to close its lake-front airport, + 45th+ mark your calendar Against Competition, 1918�1938, the most Meigs Field. Mike appeared on behalf of the for May 7 -9, recent book by Butler Shaffer, was pub­ State of Illinois in actions filed in the feder­ REUNION lished Bucknell Press. al state courts 1998, for the 45th by University and trial and the Supreme Reunion of the Class Court of Illinois, where his client won orders MAY 7-9, 1998 to prevent destruction of the field until the of '53! CLASS OF state and city worked out a compromise. Writing the papers has been Duane W. Larry Wollan belatedly reports that last Krohnke of Faegre & Benson, LLP, CLASS OF year he received the ABA's Finch Award Minneapolis. Duane authored a three-part for best Law Day speech, and, in a more series on ethical issues for neutrals in alter­ Jaro Mayda participated in the NATO timely fashion, that his wife Elisabeth native dispute resolution proceedings. The Advanced Research in Workshops Durham, Mulhenfeld is the new president of Sweet papers appeared in the November and North Carolina, Moscow, and Izmir, report­ Briar College. He is dividing himself December 1996, and January 1997, issues of on research and for ing policy development between Sweet Briar and the School of Alternatives to the High Cost of Litigation, pub­ decision making in the context of global Criminology and Criminal Justice at lished by the CPR Institute of Dispute environmental .... change Florida State University. Resolution, New York. Duane serves as a member of that organization's Minnea­ polis/St. Paul regional panel of neutrals. He CLASS OF CLASS OF also was a contributing author to "A 'Virtual' Constitutional Convention," 83 American Don't to Don't to orget forget Oxonian 232 (1996). mark mlender mark calendar +40th+ your + 35th+ your Judge Peter J. Messitte, U.S. District for 7 May -9, for May 7 -9, Court, S.D. Maryland, reports that he has REUNION for the 40th REUNION 1998, 1998, for the 35th been working with the U.S.I.A. in Africa on Reunion of the Class Reunion of the Class judicial reform programs. He recently MAY 7-9, 1998 ' MAY 7-9, 1998 of 58! of '63! returned from Mozambique, where his Peace

28 THE LAW S ( H 0 0 L R E ( 0 R 0 Article 5 and a December 1996 piece he coauthored regarding the implications for foreign investors of the Company Law of China, which is China's first unified corpo­ rate law. Larry now serves on the Advisory Committee of AmeriCares HomeFront, which repairs the homes of needy people in the NYC metropolitan area. The baby boom continues. Lisa Heinzerling, who teaches environmental law and torts at Georgetown University Law Center, had a baby girl, Mariah Heinzerling, on November 13, 1995.

Kristin Brandser gave birth to a son, Nicholas Ryan (known as "Cole") on April 29, 1996, a cutie even at 12 hours old! (I've seen photographic evidence.) Kristin has finished her coursework at the University of Iowa and will be sitting for her comprehen­ sive exams in English Literature in April 1997. She has taught several courses, includ­ ing a self-designed course on law, literature, and women, entitled "Representing Women: Legal and Literary Narratives." Her hus­ band, Eric, is now an Assistant Professor at the University of Iowa Medical School. The Brandsers enjoyed a summer visit from Doug and Lynn Rees and their kids, Madeleine and Stephen. Dan O'Neill's daughter, Brittany Allison Grace, has been making her dad smile ever since her August 29, 1996 appearance. Dan and his family have relocated to Batesville, Indiana, where he serves as patent counsel for Hill-Rom, Inc., the division of Hillenbrand Industries that manufactures hospital beds. Mike Drooff's second child, Caroline Elise, was born on September 25, 1996. Dave Slatery, recently promoted to Chief of Staff of the Massachusetts Port Authority,

became a father to son Michael on September 10, 1996. Oscar Davie! is also a new daddy; he and Melissa welcomed Nicholas Andrew David on July 17, 1996. Cathy Forest, already the mother of two girls, had a son, Nicholas James, on January 10, 1997. Cathy maintains a general practice in North Aurora and handles a variety of real estate, litigation, and estate planning matters. Did anyone catch Maureen Kane Berg The Chicago Tribune's coverage of the News recently featured Mark Ter Molen, on Wheel of Fortune in October 1996? She investigation of the allegedly crooked recipient of a 1996 John C. McAndrews Pro won buckets of money and a trip to Alaska Austin police officers recently referenced Bono Award in connection with his success­ solving puzzles like "Here an oink, there an Myron Orfield's research regarding perjury ful efforts to overturn the death sentence of oink." Amazing what doors a U of Claw on the police force. Verneal Jimerson. Mark became a partner at degree can open! The Illinois State Bar Association's Bar Mayer, Brown in January.

38 THE lAW S ( H 0 0 l R E ( 0 R D IN MEMORIAM

The Law School Record notes with regret the deaths of:

Julian H. Levi '31 Levi '35, of Chicago, the former dean of the Law School and former president of the University who served as attorney general in the Ford Professor Julian H. Administration, and Harry J. Levi '42; and four grandchildren. Levi, a Chicago law­ yer, educator, city Donald E. Egan '61 planner, and an influ­ ential advocate of On October 6, 1996, Donald E. Egan, a senior partner with Katten, urban renewal, died Muchin & Zavis, died as the result of an accident while bicycling on October 16 at his with his wife Emilie through rural Virginia. One of the Chicago bar's home in San Fran­ most prominent litigators, Mr. Egan was the former chairman of the cisco. Professor Levi, Illinois Supreme Court's character and fitness committee and was a a former lecturer of past member of the Chicago Bar Association's board of managers. law at the Law School Mr. Egan was the son of Edward Egan, former commander of the and a professor of Chicago Police Department's Prairie District, who died in 1981. Egan urban studies at the graduated cum laude from Marquette University in 1958 and received University of Chicago his law degree in 1961 from the Law School, where he was a member from 1962-80, was of the Order of the Coif and of the managing board of editors for the one of the country's Law Review. After graduation, he clerked for Justice Walter Schaefer foremost experts in of the Illinois Supreme Court. He then joined Rothschild, Hart, stabilizing racially changing neighborhoods and helped shape nation­ Stevens & Barry. In 1974 he became one of the founding partners of al urban policies. At his death he was a professor at the Hastings the Katten Muchin & Zavis firm, and established its litigation College of Law, part of the University of California at San Francisco. department. In addition, he was a member of the firm's national com­ Born in Hyde Park, the son and grandson of rabbis, Professor Levi pensation committee and of its board of directors. graduated from the University of Chicago College in 1929 and His practice included conventional tort and general business liti­ received a degree from the Law School in 1931. He spent 15 years in gation at both the trial and appellate levels, and securities, environ­ private practice and then worked for the Reynolds Pen and Reynolds mental, lender liability, product liability, professional malpractice, Printasign companies before turning his attention to urban renewal. reinsurance, mergers and acquisitions, and sports litigation. Throughout his career, Professor Levi argued that vibrant urban envi­ He is survived by his wife; three daughters, Jennifer, Christina and ronments should reflect the nation's diversity. He saw this as people Alexandria; a son, Matthew; and a brother, Robert. naturally living, working and shopping together, places where white

homeowners could sell to blacks and blacks to whites without ado. Richard Weeks '77 From 1952 to 1980 he was the executive director of the South

East Chicago Commission, which was created to save Hyde Park­ From Jeff Banchero '77: "Our classmate, Richard Weeks, died in Kenwood, the country's first large urban community to undergo December 1995, a suicide. After graduating from the Law School, and such planned renewal at its own request. With the community, while awaiting an appointment to the foreign service, Richard worked civic and religious groups, Chicago, Illinois, and WaShington all in legal aid near Rochester, New York, where he was raised. After pulling together; and with Mayor Richard J. Daley lending power­ receiving the appointment, he was posted in Israel during the late ful political support, the effort became one of the country's great 1970s, served as vice-consul of the United States in Johannesburg, urban success stories. South Africa, in the early 1980s, and worked the State Department's In 1974, Mayor Daley named Professor Levi the chairman of the Washington press office for several years thereafter. After leaving the Planning Commission, giving him a hand in stabilization and devel­ government and moving to California, Richard worked in San opment throughout Chicago. Professor Levi also helped draft amend­ Francisco at the law firm of Banchero & Lasater. He spoke several lan­ ments to the Federal Housing Act on behalf of the cities and state guages and shared a keen interest in politics. Richard and his wife, legislation directed at landlords of blighted buildings. Susan, who survives him, were instrumental in founding and admin­ He is survived by his wife of 58 years, Marjorie Reynolds Levi; his istering a successful meals program for the poor in the rural commu­ children, William Levi and Kay L. Pick; two brothers, Edward H. nity in which they lived. He suffered from clinical depression."

46 THE lAW SCHOOL RECORD continued from page 45

Mischa Travers is clerking on the Fifth Circuit, and is living with Amir Alavi '95 in Houston. After months of research and toil, he finally replaced his station wagon with a new, black Acura Legend. Mischa is also 1926 1937 1951 spending a lot of time in both New Orleans

and work and in an Samuel B. Perlman Harry Adelman Norman W. Geise Shreveport, mixing play enviable manner. September 20, 1996 July 10, 1996 August 27, 1996 Eric Gurry turned 30 in December; to Earl. G. Kunz Marshall L. Lowenstein commemorate the glorious event, Super­ 1926 November 5, 1996 December 6, 1997 grover arose from the ashes for one brief, Clyde L. Korman Albert H. Manus, Jr. shining moment. Eric, Adam Grais, Mike 1997 January 18, November 11, 1996 1952 Huskins, and Rich Hesp reunited for a Michael Hinko weekend jam session. Eric and Adam have 1930 1938 October 7, 1996 started to put together a new band with Frank C. Bernard Michel Vanesse '95 playing the guitar. Homer E. Rosenberg Adam "the band has to a 1997 writes, yet pick April 1, May 5,1997 1954 name, but we will probably go with some­ Charles Liebman Robert Mesic thing less likely to get us sued by the August 15, 1996 February 22, 1997 1939 Children's Television Workshop." C. Swidler Joseph David Skeer Carlos Salas and Alison Scott have May 1,1997 1955 May 15, 1997 moved to Venice, California, in a sweet Charles J. Wong apartment on the beach with "cathedral 1931 and Alison is 1942 September 19, 1996 ceilings copious skylights." J. Richards Hunter working in-house, doing securities work for Donald L. Hesson December 13, 1994 1957 the Capital Group. Carlos is doing corpo­ January 29, 1997 rate work at O'Melveny, but is already Robert S. Friend �ouis V. Mangrum dreaming of the day when he can make December 21, 1996 March 27, 1996. 1946 millions without exertion. So far, he writes, Robert N. Navratil " Jewel S. Lafontant­ no luck. 1932 3, 1997 Mankarious April Laura Edidin and husband Steve Locke Robert A. Frank are both (for the Southern and May 31, 1997 clerking May 4, 1996 1968 Eastern Districts of New York, respective­ Franklin W. Klein Ann Lee Delugach ly), and are thrilled to be back under the 1948 October 24, 1996 April 25, 1997 same roof. Roberson L. King And finally, Bettina Neuefeind and Ed September 17, 1996 Walters are neck-and-neck in the running 1933 1982 for the Living the Good Life Award. William E. Gray James Hamman 1949 Following her bar trip to Vietnam, Bettina 10, 1997 1995 February June 10, is in West Palm where she's Robert S. Weber clerking Beach, gotten a house on the beach. She's getting October 1996 1934 26, 1989 certified for scuba diving, just bought a new Harold Durchslag Theodore Beutel car (black '97 [etta GT, loaded), and met 1950 December 20, 1996 September 10, 1996 her family in the Keys for Thanksgiving. (I Raymond A. Jensen saw Bettina in St. Louis over Christmas­ Joseph J. Attwell, Jr. Richard S. Murphy July 11, 1996 she's also growing her hair long again.) Ed is December 21, 1996 May 21,1997 clerking in San Antonio: he's training to run a marathon in February, plays soccer 1935 regularly, and brought his entire family from Dr. Telford F. Hollman Baton Rouge for Thanksgiving in Texas. 27, 1996 January Oh yes, he's also doing the hard work of jus­ John C. Howard tice daily. June 27, 1996 Take care, folks. See you in six months!

VOL U M E 4 3, SUM MER 1 9 9 7 47 THE UNIVERSITY OF CHICAGO LAW SCHOOL 1996 VISITING CoMMITTEE

CHAIR 1996�97 TERMS EXPIRING IN 1997 �98 Leslie N. Bluhm '89 Mitchell S. Shapiro, '64 Jack M. Alex '57 Chicago Cares Shapiro, Posell, Rosenfeld & Close Alex & Brinkis The Honorable Michael Boudin Donald S. Bernstein '78 U.S. Court of Appeals Davis Polk & Wardwell First Circuit Michael Clear '74 TERMS EXPIRING IN 1996�97 Frank Cicero, Jr. '65 John The Honorable Richard S. Arnold Kirkland & Ellis Bryan Cave Robert V. Gunderson '79 U.S. Circuit Court of Appeals James Crown Gunderson Dettmer Villeneuve Eighth Circuit Henry Crown & Company Stough Franklin & Hachigian Virginia L. Aronson '75 Robert E. Don '62 Laura G. Hassan '77 Sidley & Austin Edward Don & Company Rudnick & Wolfe The Honorable Marvin E. Aspen The Honorable David M. Evans '61 Richard A. Heise '61 U.S. District Court Queen Elizabeth II Law Courts Financial Place Corporation Northern District of Illinois Raymond G. Feldman '45 Howard M. Heitner '82 Karl M. Becker '68 Feldman, Hall, Franden, Woodard & Farris O'Melveny & Myers Stephen C. Curley '69 Thomas A. Gottschalk '67 Lawrence T. Hoyle '65 the & General Motors Hay Curley, Hoyle, Morris & Kerr Daniel L. Doctoroff '84 G. II '80 Philip Hampton Kathleen G. Kapnick '84 Oak Hill Inc. U.S. Patent & Trademark Office Partners, John M. Kimpel '74 Charles L. Edwards '65 Philip L. Harris '83 Fidelity Investments Rudnick & Wolfe Winston & Strawn Jewel S. Lafontant-Mankarious '46 The Honorable Cynthia H. Hall Leland E. Hutchinson '73 Holleb & Coff, Ltd. U.S. Circuit Court of Appeals Winston & Strawn Stuart C. Nathan '65 Ninth Circuit Mary Ellen Kazimer '85 JMB Realty Corporation William M. Hardin '82 Pillsbury Madison & Sutro The Honorable Dorothy W. Nelson Osborn Maledon Daniel P. Kearney '65 U.S. Court of Appeals Ricki R. Helfer '76 Aetna Life Insurance Ninth Circuit Federal Deposit Insurance Corporation The Honorable David E Levi Roger Orf '79 Seymour M. Hersh U.S. District Court Pelham Partners Arthur O. Kane '39 Eastern District of California Roberta C. Ramo '67 Harris Kane Doy and Harrington, Ltd. Lance E. Lindblom '78 Modrall, Sperling, Roehl, & P.A. Lawrence Shea-Liang Liu '82 Ford Foundation Sisk, Lisa '86 Lee & Li James W. Mercer '71 Jill Rosenberg Orrick Herrington & Sutcliffe Laurel J. McKee '64 Hennington, Mercer & Bennett Eric Rosenfeld '59 Lucent Technologies Alison W. Miller '76 Seyfarth, Shaw, Fairweather & Geraldson Philip R. McKnight '68 Stearns, Weaver, Miller, et al., Andrew M. Rosenfield '78 The Hotchkiss School Jeanne L. Nowaczewski '84 Lexecon, Inc. John A. Morris '49 BPI George L. Saunders '59 Alfredo R. Perez '80 Janet E Plache '84 Saunders & Monroe Bracewell & Patterson Cleary Gottlieb Steen & Hamilton James E. Spiotto '72 The Honorable Lee H. Rosenthal '77 Barry C. Skovgaard '80 Chapman & Cutler U.S. District Court The Law Firm of Barry Skovgaard The Honorable David S. Tatel '66 Southern District of Texas Matsuo Takabuki '49 U.S. Court of Appeals Thomas J. Scorza '82 D.C. Circuit Thomas E. Unterman '69 TERMS EXPIRING IN 1998�99 Philip L. Verveer '69 The Times Mirror Company Janet E. Ashcroft '68 Willkie Farr & Gallagher Roger A. Weiler '52 Jose L. Berra '84 Gretchen A. Winter '83 IVA, Ltd. Deutsche Bank Baxter International

48 THE lAW S ( H 0 0 l R E ( 0 R D YOUR GIFT TO THE LAW SCHOOL:

How A CHARITABLE REMAINDER TRUST CAN RETURN INCOME AND TAX SAVINGS

With a Charitable Remainder Trust, you can make a significant gift to the Law School and keep income from your Trust offers the following advantages: this plan, beneficiaries receive a fixed donated assets to pay for a child's educa­ • security of fixed payments, percentage of the trust assets or the net tion or supplement your retirement • a charitable income tax deduction in income from the assets, whichever is less. income. build Planned gifts help your the year of the gift, These agreements may include a makeup financial future as well. The various • relief from capital gains tax when provision. Under this provision, income Trusts can: Charitable Remainder appreciated property is used to make earned in later years that is more than the gift, the fixed percentage can be distributed

• allow you to make a significant gift to • estate tax savings, to beneficiaries to "make-up" for earlier the Law School, • the possibility of converting a low­ years in which the net income was less • significantly increase income from yield stock into an investment than the fixed percentage. your low-yielding assets, returning income several times high­ Such a provision works well in the

• qualify you for an immediate income er than the current dividend, and case of real estate that produces little or tax charitable deduction, • the possibility of tax-exempt income. no income until the Law School sells the • eliminate capital gains tax, property and invests the proceeds. It can • provide sizable estate tax savings, and CHARITABLE REMAINDER also be advantageous when the unitrust is • supplement your retirement income UNITRUST used as a retirement vehicle: during the or provide income to other members A Charitable Remainder Unitrust offers early years of the unitrust, the corpus is of your family. most of the same advantages as the annu­ invested in low-yield stocks: later, when ity trust, with one important difference: it the beneficiary is earning less, the trust CHARITABLE REMAINDER offers the opportunity for growth in assets can be reinvested for more income. ANNUITY TRUST income. Instead of fixed payments, as in Increasing numbers of Law School The Charitable Remainder Annuity an annuity trust, unitrust income is a fixed alumni and friends are utilizing Trust can turn low-yielding assets into percentage of the fair market value of Charitable Remainder Trusts to make stable income. It may supplement your trust assets as revalued each year. A uni­ major gifts to the University. The Law retirement or income provide your loved trust can be an excellent hedge against School's development staff can work ones with fixed income payments. inflation in a rising market. Although a with you and your financial advisors to Under an annuity trust agreement, diversified portfolio of high-quality determine what plan might best meet transfer cash or securities to the Law you investments minimizes the risk, donors your personal and charitable goals. School in return for income for life or for should weigh the potential for increased a term of years. Income beneficiaries are income against the possibility that the For more information about the donors or usually members of the donor's market value of the trust may decline. Charitable Remainder Trusts-or other family. They receive a fixed payment Individuals who wish to defer sub­ tax-advantaged charitable gifts-call the based on the initial fair market value of stantial income until retirement or Office of Development at the Law the trust assets. When Law the School donors making a gift of real estate or School. We will be happy to provide you acts as it the trust at no trustee, manages other property not easily liquidated, may with illustrations custom made for your cost to you. find their best choice to be something situation. The office may be reached at A Charitable Remainder Annuity called a "Net Income Unitrust." Under (773) 702-9486. NON,PROFIT u.s. POSTAGE PAID THE UNIVERSITY OF CHICAGO CHICAGO, . ILLINOIS 1111 EAST 60TH STREET PERMIT No. 7590

CHICAGO, ILLINOIS 60637