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Table of Contents also inside... 03 MESSAGE FROM THE DEAN 34 NEWS AND EVENTS KHALED ABOU EL FADL JENNIFER MNOOKIN EUGENE VOLOKH 37 ALUMNI OF THE YEAR AWARDS 38 MICHAEL EISNER GIVES REGENTS LECTURE 41 LAW SCHOOL BREAKS 4 CHERYL HARRIS 21 FUNDRAISING RECORDS UCLA LAW:FACULTY THAT’S NEW APPOINTMENTS; ENTERTAINMENT... 42 PROGRAM IN BUSINESS VISITING; IN RESIDENCE; LAW AND POLICY SCHOLARSHIP AND LAW ACTIVITIES ENTERTAINMENT AND MEDIA LAW AND POLICY PROGRAM; 43 UCLA ACADEMIC ENTERTAINMENT AND INTELLECTUAL PROPERTY - SENATE AWARDS FACULTY BIOGRAPHIES 46 COMMENCEMENT 2007 BY DAVID GREENWALD IMAGES 52 DEAN’S ROUNDTABLE 54 WILLIAMS INSTITUTE 56 CLASSNOTES 67 IN MEMORIAM SHARON DOLOVICH MARK GREENBERG BARBARA HERMAN 30 34 STEPHEN MUNZER THE UCLA FIRM NEW LAW AND ZIFFREN, BRITTENHAM, BRANCA, FISCHER, GILBERT-LURIE, PHILOSOPHY STIFFELMAN, COOK, JOHNSON, PROGRAM LANDE & WOLF LLP BY DAVID GREENWALD Fall 2007 | UCLA LAW magazine | 1 2 | UCLA LAW magazine | Fall 2007 Message from the Dean With this issue of the UCLA Law Magazine we celebrate two new academic programs at UCLA School of Law. Three years ago, I asked Ken Ziffren ’65, co-chair of our Board of Advisors, adjunct professor at UCLA Law and entertainment lawyer extraordinaire, to chair a faculty/alumni working group to create a new entertainment law program that would build on the legacy of the one created by Mel Nimmer many decades ago. As the articles in these pages make clear, this effort has been extraordinarily successful. Today, UCLA School of Law’s Entertainment and Media Law and Policy Program is the best programofitskindinthenation.AsIcrossthecountrymeetingwithprospectivestudents, I hear over and over again that they have chosen to come to Westwood because this is the place to be if they want to become entertainment lawyers or entrepreneurs. Importantly, this program mixes the theoretical with the practical. Our entertainment andmediafacultycomprisesomeoftheleadingtheoristsinthelawofcopyright,patents, communications and the First Amendment. They are joined by the foremost entertainment law practitioners in the nation, who bring invaluable insights about how the law plays out in real deals and court cases. Add to this incredible mixture such distinguishedvisitinglecturersandprofessorsasMichaelEisner,andyoucanseewhythe program is so rich and exciting. DEAN MICHAEL H. SCHILL Read on, and you also will learn about our new Law and Philosophy Program. Our school hasledthewayinapplyingphilosophicalinsightstothestudyoflaweversinceHerbMorris was jointly appointed in the Department of Philosophy and UCLA School of Law. Today, UCLA Law has 11 members with advanced degrees in philosophy or political theory. Our new program, led by Professor Seana Shiffrin, will include a specialization in law and philosophy, as well as a joint J.D./Ph.D program. I am confident that our program will quickly become one of the top programs nationwide and will help launch the careers of generations of legal academics. TheseareonlysomeoftheexcitingdevelopmentsoccurringatUCLASchoolofLaw. The past two issues of the magazine highlighted our extraordinary program in Business Law and Policy and the Epstein Program in Public Interest Law and Policy. Future issues will bringyoudetailsaboutotherareasofexcellence. Ihopetheywillmakeyouproudofyour alma mater and a bit jealous of the students who get to take part in the wonderful mix of programs,eventsandclassesatUCLASchoolofLaw. Ifthisis,infact,thecase,pleaseview the many different opportunities at our website (www.law.ucla.edu), then come join in the fun and intellectual stimulation this year in Westwood. Fall 2007 | UCLA LAW magazine | 3 Faculty - New Appointments JOHN MANUEL de FIGUEIREDO Joint Appointment—Professor of Law and Associate Professor of Management A rising star in the field of law and economics, John de Figueiredo won the George Robbins Assistant Professor Teaching Award at UCLA Anderson School of Management in 2006 and the Professor of the YearAwardin2007fortheeveningMBAProgramatAnderson.“Hisrecentappointmenttothelawschool adds to the national reputation of the Law and Economics Center and enhances its interdisciplinary character,” said Vice Dean and Professor Steven Bank. “He already has created synergies with Anderson through his role as co-organizer of the new Law, Economics and Organizations Workshop that is jointly sponsored by the law school and the Anderson School.” De Figueiredo’s research examines how firms use political influence, regulatory lobbying, strategic litigation and other “non-market” strategies to enhance competitive performance. Currently, he is JOHN MANUEL de FIGUEIREDO investigating corporate legislative and regulatory lobbying behavior in telecommunications, health care and other high technology industries. His other interests include the management of technology and the management of non-profits. Forhismostrecentarticle,“AcademicEarmarksandtheReturnstoLobbying,”publishedintheJournalofLawandEconomics,deFigueiredoandBrianSilverman conductedastatisticalanalysistoestimatethereturnsoflobbyingbyuniversities. Inadditiontoappearinginthetoplawandeconomicjournals,deFigueiredo’s workisintegratedintohiscourses.Heteachesacourseinstrategicmanagementandherecentlyhasdevelopedandtaughtanew,electivecourseoncorporate non-market strategy, introducing techniques to company executives on managing the media, activists, government and international bodies to achieve the objectives of the corporation. De Figueiredo travels extensively; just this past year he gave presentations at the World Bank in Tokyo, Washington University in St. Louis, Academy of Management, Stanford University, Empirical Legal Studies and the Mitsubishi Bank Foundation New Perspectives in Management Conference in Tokyo. He previouslytaughtattheWoodrowWilsonSchoolatPrincetonandtheSloanSchoolofManagementattheMassachusettsInstituteofTechnology,wherehewon the Excellence in TeachingAward for MBA teaching. A research fellow at the National Bureau of Economic Research, Law and Economics Program since 1999, he was also a John M. Olin Visiting Senior Fellow in Law and Economics at Harvard Law School from 2002-’05. Prior to joining academia, de Figueiredo was a strategic management consultant at Monitor Company, where he served on a team of consultants that started thecompany’sSpanishpracticeandMadridoffice. DeFigueiredoholdsaPh.D.inBusinessandPublicPolicyfromUCBerkeley,aM.Sc.fromtheLondonSchool of Economics and an A.B. from Harvard University. BARBARA HERMAN Joint Appointment—Professor of Law and Griffin Professor of Philosophy AdistinguishedmoralphilosopherandleadinginterpreteroftheethicsofGermanphilosopherImmanuel Kant, Barbara Herman’s interest in Kant began with a footnote more than 30 years ago. As a graduate studentinhistoryatHarvard,shecameacrossremarksbyKantthathistoryshouldbetoldforpedagogical reasons. She found the idea to be at odds with his moral philosophy. Intrigued, Herman added a footnote toherprospectusforherdissertation,butsoonrealizedthatshehadstumbleduponwhatwouldbecome her life’s work. ThetransitionfromthinkingasahistoriantothinkingasaphilosophercameeasilyforHermanbecauseshe discoveredshehadbeendoingitallalong. “Imagine,”shedescribed,“youhavebeenhummingtunesyour whole life and you come to find out there is a world of music that enables you to deploy, use and exercise BARBARA HERMAN your voice.” In 1992, UCLA persuaded Herman to leave the University of Southern California, where she had taught for the preceding decade, to join our preeminent philosophydepartment.Overtheyears,HermanhasbeenactivelyinvolvedwithUCLASchoolofLaw,andhernewappointmentformalizesthisrelationship. “We areextremelyexcitedthatBarbaraHermanhasjoinedourfaculty,”saidDeanMichaelH.Schill. “AlongwithSeanaShiffrinandMarkGreenberg,BarbaraHerman willbeakeyfigureinmakingourlawandphilosophyprogramthebestinthenation.” AsHermanshared,“Theprogramwillfosteraninterdisciplinaryapproach to the law and hopefully be a track of interest for students who retain their liberal arts background and have theoretical interests.” Herman has produced an impressive breadth of scholarship on moral philosophy, including more than two dozen articles and six books. In her most recent book,MoralLiteracy,shedrawsonKanttoaddresstimelessissuesinethicaltheoryaswellasissuesarisingfrommorecurrentmoralproblems,suchasobligations todistantneed. Asareaderof greattexts,Herman’sgoalisnottoreviseKantbuttoexploretheissuesandaskthequestionsthathedidnotconsider. Whereas moreorthodoxKantianthoughtinsistsonseparatingdualisms,Hermanstressesthecontinuitiesandinterconnectedqualityofdesireandreason,judgmentand principle. 4 | UCLA LAW magazine | Fall 2007 Speaking more broadly, Herman said, “I’m more interested in the middle space. Rather than immerse myself in what was the case, I want the tools for using moral philosophy to generate theory from the bottom up.” One of her current projects is studying the relative autonomy of organizations within larger institutions to make claims and legislate on their behalf, for example, religiously run day care centers. A respected teacher and scholar, Barbara Herman is a welcome addition to the UCLA Law faculty. NAOMI LAMOREAUX Professor of Economics & History and Professor of Law NaomiLamoreaux,ahighlyregardedeconomichistorian,beganhereducationasamathematicsmajorat the University of Wisconsin during the Vietnam War. She soon began to feel that mathematics was too removed from the events of the day—the political, social and economic happenings that were permanently reshaping the world. It was this realization that