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Spring 3-1-1996 Law School Record, vol. 42, no. 1 (Spring 1996) Law School Record Editors

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VOLUME FORTY·TWO • SPRING. NINETEEN·NINETY·SIX

THE UNIVERSITY OF CHICAGO LAW SCHOOL ft o z ... III Z ... EC8 1ft

Editor F E A T u R E s Dan McGeehan E-Mail: [email protected] Academic Freedom and Responsibility Assistant Dean for Alumni Relations The University's annual Aims in Education speech was delivered this Holly C. Davis '76 2 Provost and E-Mail: [email protected] year by Harry Kalven, Jr., Distinguished Service Professor of Law Geoffrey R. Stone Credits

Photography: Jerry Bauer, page 16 (right). Matt A Show of Hands Gilson, inside front cover, inside back cover, and pages 2, 14, 17 (left), 20, 23, 26 (top). A look at student�run public service organizations Richard Laird, page 38 (left, center). Stephen 9 Longmire, page 22. Dan McGeehan, pages 11, 13, 17, 21. Bernard Mortel, page 12. NAPIL, page 30. Popera, page 47 (right, top). John Schuman '97, page 28. Christine Taccone, page • • • •• • • • • • 38 (right, center). Randy Tunnell, cover and • • • •• • • • • • • • • • pages 9, 17 (right). Worline Studio, page 26. D E p A R T M E N T s The University of Chicago Law School Record The Law School Record (ISSN 0529-097X) is published twice a year, in spring and fall, for graduates, students, and friends of The • Law School News 16 University of Chicago Law School, 1111 East 60th Street, Chicago, Illinois 60637. Copyright © 1996 by The University of Chicago Law School. Changes of address should be sent to the • Alumni News 26 Office of Alumni Relations at the Law School. Telephone (312) 702-7527. Copies of the Law School Record are available from William S. • Class Notes Hein & Co., Inc., 1285 Main Street, Buffalo, 28 New York 14209, to whom inquiries should be addressed. Current issues are also available on from William S. subscription Hein & Co. • In Memoriam : Sl

THE LAW SCHOOL ON THE WEB

The Law School's Web continues page to grow. New to the apply on the Net, from experts in the field of Cyberspace law. Professor Lawrence aided in homepage: Lessig setting up In addition, working papers presented at The University of Law for an e-mail Internet semi­ "Cyberspace NOll-lawyers," Chicago Legal Forum seminar "The Law of Cyberspace" are

nar. This low-traffic distribution list will a new post message available on the Legal Forum page. A complete list of Law

few on such as every days focusing topics the basic principles School events has been added as well as faculty biographies, and free myths surrounding copyright law, speech law, libel their pictures, and recent publications. All this and more can law, privacy law, contract law, and trademark law as they be found at http://www-Iaw.lib.uchicago.edu/.

Volume 42, Spring 1996 •• I It

the for aca­ flict between scientific and reli­ Each year, a member of the Although struggle inquiry demic freedom can be traced gious authority grew intense. When University's faculty is invited to at least as far back as Socrates' Copernicus published his astronomical eloquent defense of himself theories in 1543, he did so very carefully, deliver the Aims in Education against the charge that he cleverly dedicating his work to the Pope • corrupted the youth of himself-and presenting his theories entire­ Address to the entering students Athens, the modem history of this strug­ ly in the guise of hypotheticals. Partly gle begins with the advent of universities, because of these precautions, his heretical in the College. On September 24, as we know them today, in the twelfth publications did not immediately arouse century. In the social structure of the much of a furor. 1995, Geoffrey R. Stone '71, Middle Ages, universities were centers of But by the time Galileo published his power and prestige. They were protected, telescopic observations some 70 years provost of the University of courted and even deferred to by emperors later, the situation had changed. Galileo and popes. There were, however, sharp immediately was listed as a suspect in the Chicago and Harry Kalven, [r., limits on the scope of intellectual inquiry, secret books of the Inquisition and was for there existed a hard core of authorita­ warned that further discussion of the con­ Distinguished Service Professor of tively established doctrine which was demned opinion would have its dangers. made obligatory on all teachers and stu­ Despite this warning, Galileo persisted in Law, delivered the Aims of dents. It was expected that each new his work and, as a consequence, he was accretion of knowledge would be consis­ summoned to Rome, threatened with tor­ Education Address in Rockefeller tent with a single system of truth, ture, compelled publicly to disavow his anchored in God, and this expectation views, and imprisoned for the remainder Chapel. What follows are ex­ was often rigidly enforced by the Church, of his life. particularly when the authority of the For the next several centuries, univer­ cerpts from his speech. Church itself was questioned. sity life remained largely bounded by the As scholars and teachers gradually medieval curriculum. Real freedom of became more interested in science, and thought was neither practiced nor pro­ began to question some of the fundamen­ fessed. As one statement of the then pre­ tal precepts of religious doctrine, the con- vailing ideal put the point, the teacher

2 THE LAW SCHOOL RECORD was "not to ... teach or suffer to be it would not keep as teachers persons who The teacher of science introduced for the taught anything contrary to prevalent had "manifested themselves unsound in first time the discovery, rather than the opinions." the fayth." mere transmission, of knowledge into the This was the general attitude in This was the prevailing attitude until classroom. America, as well as in Europe, and free­ the latter part of the 18th century, which This shift was short-lived, however, dom of inquiry and teaching in America saw a brief period of relative seculariza­ for the rise of fundamentalism in the early was severely limited by the constraints of tion as part of the Enlightenment. By years of the 19th century, and a growing of religious doctrine. In 1654, for example, opening up new fields of study, and by counterattack against the skepticism Harvard's president was forced to resign introducing a note of skepticism and the Enlightenment, produced a concerted because he denied the scriptural validity inquiry, the trend toward secular learning and successful effort on the part of the of infant baptism. Harvard explained that began gradually to liberate college work. Protestant churches to expand their ByGooffieyR.S�ne�������- Volume 42, Spring 1996 3 influence and to tighten their control the mind of the South had closed on this demic inquiry. In their view, to dissent over intellectual and spiritual life. Thus, issue. When it became known, for exam­ was not to obstruct, but to enlighten. The the American college in the first half of ple, that a professor at the University of great debate over Darwinism went far the 19th century was deeply centered in North Carolina was sympathetic to the beyond the substantive problem of tradition. It looked to antiquity for the anti-slavery 1856 Republican presidential whether evolution was true. It represent­ tools of thought and to Christianity for candidate, the faculty repudiated his ed a profound clash between conflicting the laws of living. It was highly paternal­ views, the students burned him in effigy, cultures, intellectual styles and academic istic and authoritarian. Its emphasis on and the press demanded his resignation. values. In this conflict, science and edu­ traditional subjects, mechanical drill and Refusing to resign, he was dismissed by cation joined forces to attack both the rigid discipline stymied free discussion the trustees. There simply was no open principle of doctrinal moralism and the and stifled creativity. discussion of the issue. authority of the clergy. The situation in the North was only A new approach to education and to factors in particular con­ slightly better. Most Northerners distin­ intellectual discourse grew out of the tributed to this environment: guished sharply between those who con­ Darwinian debate. To the evolutionists, ThreeFirst, the college professor of this demned slavery in the abstract and those all beliefs were tentative and verifiable era was regarded exclusively as a teacher. who supported immediate abolition. The only through a continuous process of Because academic honors hinged entirely latter often were silenced. A few northern inquiry. The evolutionists held that every on teaching, there was no incentive or institutions, however, were open centers claim to truth must submit to open verifi­ time for research or original thought. of abolitionism, but they were no more cation; that the process of verification Indeed, it was generally agreed that tolerant than the South of opposing must follow certain rules; and that this research was positively harmful to teach­ views. At Franklin College, for example, process is best understood by those who ing. In 1857, for example, a committee of the President lost his post because he was qualify as experts. Trustees of Columbia College attributed not an abolitionist, and Judge Edward The triumph of Darwinism shifted the the low state of the college to the fact Loring was dismissed from a lectureship at educator's expectations of the student. To that some of its professors "wrote books." the Harvard Law School because, in his train students to comprehend and to Second, educators of this era generally capacity as a federal judge, he had explore the mysteries of nature was the new regarded the college student as intellectu­ enforced the fugitive slave law. meaning of education. Education now was ally naive and morally deficient. Between 1870 and 1900, there was a conceived as the leading out of the mind. It "Stamping in," with all that phrase revolution in American higher education. required the teacher to foster individual implies, was the predominant pedagogical Dramatic reforms, such as the elective responsibility and the student to assume method, and learning was understood to system, graduate instruction and scientific the risk of uncertainty. The pedagogical mean little more than memorization and courses, were implemented, and great new practice of rote recitation was replaced by repetitive, mechanical drill. Moreover, universities were established at Cornell, the exploration of the laboratory and the colleges of this era subjected their stu­ Johns Hopkins, Stanford and Chicago. advent of discussion and even debate as dents to a dizzying array of rules and regu­ New academic goals were embraced. To new forms of pedagogical discourse. lations that constrained and depressed criticize and augment, as well as to pre­ student life. One university, by no means serve the tradition, became an accepted other factor that played a criti­ unique, prohibited any student to leave function of higher education. This was an cal role in the transformation of campus without permission, to sing or extraordinary departure for a system that TheAmerican higher education in the talk during the time dedicated to study, to previously had aimed primarily at cultural late 19th century was the influence of the play billiards or cards at any time, to asso­ conservation. Two forces in particular German university. More than 9,000 ciate with idle or "dissolute" persons, or hastened this shift. The first was the Americans studied at German universities - this is my favorite - to fiddle on impact of Darwinism. The second was the in the 19th century, and these students Sunday. Needless to say, a college that influence of the German university. enthusiastically transported the methods regards its students as both gullible and By the early 1870s, Darwin's theory of and ideals of the German university into depraved is unlikely to engender an evolution was no longer a disputed the United States. atmosphere that even remotely resembles hypothesis within the American scientific The modern conception of a universi­ a marketplace of ideas. community. But as scientific doubts sub­ ty as a research institution was in large Third, freedom of inquiry was smoth­ sided, religious opposition rose. part a German contribution. The object ered by the prevailing theory of "doctrinal Determined efforts were made to hold the of the German university was the deter­ moralism," which assumed that the worth line by excluding proponents of mined, methodical and independent of an idea must be judged by its moral Darwinism whenever possible. The dis­ search for truth, without regard to practi­ value, an attitude that is, quite simply, putes were bitter and often very public. cal application. Such a vision of the anathema to intellectual inquiry. This conflict brought together like­ research university attracted individuals The most important moral problem in minded teachers, scientists, scholars, and of outstanding abilities, rather than mere America in the first half of the 19th cen­ philosophers who believed in evolution pedagogues and disciplinarians, and this of tury was, course, slavery. By the 1830s, and who developed new standards of aca- had an important impact on the nature

4 THE LAW SCHOOL RECORD and quality of teaching, for professors who The modern __ "wrote books" brought a freshness, a conception---- curiosity and a creativity to the class­ The German and student room. __ professor of a university as a rescarch.c.Lc, -----I enj oyed an unparalleled freedom of inquiry, and the German system held that this freedom was the essential condition institution was in large part a of a university. Although American canons of educa­ German contribution. The-- _ tion were not receptive to this vision of a university in the first half of the 19th century, by the end of the century the old of the Gertnan assumptions had been cast aside. The sin­ object university_-­ gle greatest contribution of the German university to the American conception of was the determined, methodical--- academic freedom was the assumption that academic freedom defined the true university. As William Rainey Harper, and independent search fOf- _ the first president of the University of Chicago, observed at the turn of the cen­ without to---- _ tury: "When for any reason ... the truth, regard administration of [a university] or the instruction in ... of its any ---- departments _ is changed by an influence from without, practical application. [or any] effort is made to dislodge an offi­ cer or a professor because the political Second, the German conception of engage in outside political activities that sentiment or the religious sentiment of academic freedom distinguished sharply can and sometimes do inflict serious harm the majority has undergone a change, at between freedom within and freedom out­ on their universities in the form of dis­ that moment the institution has ceased to side the university. Within the walls of gruntled trustees, alienated alumni, and be a university .... Individuals or the the academy, the German conception disaffected donors. Not surprisingly, the state or the church may found schools for allowed a wide latitude of utterance. But demand for such immunity often has propagating certain special kinds of outside the university, the same degree of strained both the tolerance of trustees and instruction, but such schools," Harper freedom was not condoned. Rather, the the patience of university administrators. concluded, "are not universities." German view assumed that, as civil ser­ These issues were brought to a head in Although American universities bor­ vants, professors were obliged to be cir­ the clos ing years of the 19th century, rowed heavily from the German in this cumspect and nonpolitical, and that par­ when businessmen who had accumulated era, there evolved two critical differences ticipation in partisan issues spoiled the vast industrial wealth began to support between the American and German con­ habits of scholarship. universities on an unprecedented scale. ceptions of academic freedom. First, American professors rejected this limi­ For at the same time that trusteeship in a whereas the German conception permit­ tation. Drawing upon the more general prestigious university was increasingly ted the professor to convince his students American conception of freedom of becoming an important symbol of business of the wisdom of his own views, the speech, they insisted on participating prominence, a growing concern among American conception held that the prop­ actively in the arena of social and political scholars about the excesses of commerce er stance for professors in the classroom action. American professors demanded the and industry generated new forms of was one of neutrality on controversial right to express their opinions even out­ research, particularly in the social sci­ issues. As President Eliot of Harvard side the walls of academia, even on con­ ences, that often were sharply critical of declared at the time: "Philosophical sub­ troversial subjects and even on matters the means by which the trustee-philan­ jects should never be taught with authori­ outside their scholarly competence. thropists had amassed their wealth. ty. They are not established sciences; they The moguls and the scholars thus are full of disputed matters, open ques­ conception of academic free­ came into direct and serious conflict in tions, and bottomless speculations. It is dom has generated considerable the final years of the 19th century. A pro­ not the function of the teacher to settle Thisfriction, for by claiming that pro­ fessor was dismissed from Cornell for a philosophical and political controversies fessors should be immune, not only for pro-labor speech that annoyed a powerful for the pupil. ... The notion that educa­ what they say in the classroom and in benefactor, and a prominent scholar at tion consists in the authoritative inculca­ their research, but also for what they say Stanford was fired for expressing his views tion of what the teacher deems true ... is in public debate, this expanded concep­ on the silver question, to cite just two of intolerable in a university." tion essentially empowers professors to many possible examples. This tension

Volume 42, Spring 1996 5 continued until the beginning of World thoughtful people as inappropriately intol­ "pet dog to the University of Chicago" War I, when it was eclipsed by an even erant, at best; and as inappropriately intol­ and another asserted that "the students larger conflict. erant and wrong, at worst. looked so dirty and greasy on the outside During the First World War, patriotic that they couldn't possibly be clean zealots persecuted and even prosecuted So, what does all this American on the inside." those who challenged the war or the have to do with you From where we sit today, these words draft. Universities faced the almost total and with the Univer­ seem rather quaint, perhaps even ridicu­ collapse of the institutional safeguards sity of Chicago? From lous. They were not. These were dark and that had evolved up to that point to pro­ its very founding, the dangerous days. I t was a perilous time to tect academic freedom, for nothing in • University of Chicago speak. Only a few days after the student their had them hasIbeen at the forefront of the to Senator launched prior experience prepared struggle demonstrations, Broyles to deal with the issue of loyalty at a time define and to preserve academic freedom. a formal investigation of the University of of national emergency. At the turn of the century, when univer­ Chicago to determine the extent to At the University of Nebraska, for' sities across the nation faced bitter con­ which the University was infected by example, three professors were discharged flicts between their trustees and their pro­ communism and harbored professors who because they had "assumed an attitude fessors over faculty views about social and indoctrinated students with subversive

calculated to encourage ... a spirit of economic conditions, the University of and "un-American" beliefs. [indifference] towards [the] war." At the Chicago declared in no uncertain terms President Robert Maynard Hutchins University of Virginia, a professor was dis­ that "the principle of complete freedom of was the first witness to testify before the charged for disloyalty because he had speech has from the beginning been Broyles Committee. Listen to what

made a speech predicting that the war regarded as fundamental in The Hutchins had to say: "These students . . . would not make the world safe for democ­ University of Chicago" and that "this were entirely right to disapprove of [the] racy. And at Columbia, the Board of principle can neither now nor at any pending legislation. The Broyles Bills are,

Trustees launched a general campaign of future time be called into question." in my opinion, ... unconstitutional. ... It investigation to determine whether doc­ Indeed, at the very height of these con­ is now fashionable to call anybody with trines that tended to encourage a spirit of troversies, President Harper emphasized whom we disagree a Communist or a fel­

disloyalty were taught at the university. that: "Whatever mayor may not have low-traveler. ... One who criticizes the happened in other universities, in the foreign policy of the United States, or the

is not, of course, the end of the University of Chicago neither the draft, ... or who believes that our military story, for I have not even touched Trustees, nor the President, nor anyone in establishment is too expensive, can be Thisupon more recent controversies, official position [may call] an instructor to called a fellow-traveler, for the Russians such as McCarthyism, the tensions of the account for any public utterances .... A are of the same opinion. One who thinks Vietnam era, or the current debate over donor," Harper added, "has the privilege that there are too many slums and too

political correctness. But by 1920 the of ceasing to make his gift ... but he much lynching in America can be called a basic contours of academic freedom has no right to interfere with the fellow-traveler, for the Russians say the already were well defined, and several instruction of the university." same. One who opposes racial discrimina­ important themes had emerged. First, and Half a century later the University tion or the Ku Klux Klan can be called a perhaps most important, academic free­ confronted a direct threat to its academic fellow-traveler, for the Russians claim that dom is not a law of nature. I t is a practical, integrity and independence. It was the they ought to be opposed." highly vulnerable, hard-bought acquisi­ age of McCarthy. In the spring of 1949, "The faculty of the University,"

tion in the struggle for intellectual free­ the infamous "Broyles Bills" were intro­ Hutchins continued, "is ... one of the most dom. Second, the real threat to academic duced in the Illinois legislature. These distinguished in the world. [The] principal freedom comes, not from the isolated inci­ bills prohibited any person who was reason why the University has such a dis­ dent that arises out of a highly particular­ "directly or indirectly affiliated with any tinguished faculty is that the University ized dispute, but from efforts to impose a communist [or] communist front organiza­ guarantees its professors absolute and com­

pall of orthodoxy that would broadly tion" to hold any governmental position, plete academic freedom. [It] has ... been silence all opposition, Third, every form of from dog catcher to school teacher, in the said that some of the faculty belong to so­ orthodoxy that has been imposed on the State of Illinois. A group of 106 students called 'communist-front' organizations. [But academy - whether religious, political, traveled to Springfield on buses chartered the] University of Chicago does not believe patriotic, scientific, moral, philosophical by the University of Chicago chapter of in the uri-American doctrine of guilt by

- or economic has been imposed by the Young Progressives of America to association..... groups who were fully convinced of the oppose this legislation. The students "[As] is well known," Hutchins added, rightness of their position. And finally, paraded through the streets of Springfield, "there is a Communist Club among the stu­

with the benefit of hindsight and perhaps chanted their opposition and, along the dents of the University. [Its] members ... some objectivity, one can confidently way, sat-in at a segregated lunch counter. are interested in studying Communism, and conclude that everyone of these groups The Illinois legislators were furious. One some of them, perhaps all of them, may be

has later come to be viewed by most proclaimed that he would not send his sympathetic towards Communism, ... [The]

6 THE LAW SCHOOL RECORD policy of the University is to permit students a few after the----__ to band together for any lawful purpose in Only days terms of their common interests. This is conformable to the spirit of the Consti­ student demonstrations, tution of the United States.... The Uni­ versity [asserts] that the policy of education "

_ .... a is better than the policy of repression Senator Broyles launched At the conclusion of the hearings, a petition bearing the names of 3,000 coura­ formal of the geous University of Chicago students was investigation submitted to the investigative committee. The petition read: "As students of the of to----__ University of Chicago, we believe that the University Chicago position of our University, which encour­ ages and maintains the free examination determine the extent to which of all ideas, is the strongest possible safe­ guard against indoctrination. Because we was believe that this policy of academic free­ the University infected by---- dom for both students and teachers is the best preparation for effective citizenship in communism and harbored--- _ the American tradition, we are confident that the people in the State and nation will with us to the freedom join encourage who indoctrinated- _ to professors of the University of Chicago and sup­ port it against attack."

I say these students were "courageous" students with subversive and -- __ because, in the perilous days in which they lived, they were taking a serious risk

--- _ in putting their names to so "subversive" "un-American" beliefs. a statement. Indeed, the immediate reac­ tion of Senator Broyles upon receiving the petition was to demand "to know ...... to participate in political action and Second, we must struggle to define the something about the signers, of the type social protest." meaning of academic freedom in our of students" they are. "We shouldn't," he In a radio address to America in 1931, time. The concept of academic freedom is said, "accept just anything." George Bernard Shaw startled his audience not self-defining. Each generation must with the following proposition: "Every per­ give life to this concept in the special cir­ In the 1960s, son who owes his life to civilized society cumstances of its own conflicts. This is

the University and who has enjoyed ... its very costly not as easy as you might think, for the of Chicago, like protections and advantages should appear arguments advanced for limiting academ­ other un iversi- at reasonable intervals before a properly ic freedom always are seductive. As ties, found itself qualified jury to justify his existence, Justice Holmes once observed, "persecu­

• buffeted by the which should be summarily and painlessly tion for the expression of opinion seems . storms of the Vietnam War. The terminated if he fails to justify it." I do not .. perfectly logical." University appointed a Committee, advocate such a program. But I do suggest At the turn of the century, for exam­ chaired appropriately by Professor Harry that everyone of us who enjoys the protec­ ple, it would have been easy for universi­ Kalven, to advise the community on the tions and advantages of our hard-won sys­ ties to conclude, in the face of threats University's role in political and social tem of academic freedom has a responsibil­ from philanthropists and trustees, that action. The Kalven Report declared: "A ity to justify his existence under it. academic freedom covers only what pro­ university faithful to its mission will pro­ fessors and students say in their class­ vide enduring challenges to social values, are several ways in which we rooms, not what they say beyond the four policies, practices, and institutions.... can meet this responsibility. First, walls of the academy, and some did. And To perform [this] mission, a university Therelike the students of 1949, we can in the 1940s and 50s, it would have been must sustain an extraordinary environ­ defend academic freedom when it comes easy for universities to conclude, in the ment of freedom of inquiry, ... embrace, under attack. Like every liberty that is face of threats from the McCarthys and be hospitable to, and encourage the precious to us, the preservation of acade­ the Broyles, that universities should not widest diversity of views, [and ensure] the mic freedom demands vigilance, indepen­ harbor teachers or students who associate fullest freedom for its faculty and students dence and, sometimes, courage. with groups that the government has

Volume 42, Spring 1996 7 determined may be involved in an inter­ The of this national conspiracy to tear down our con­ faculty Univcrsiry.c.L.c.; stitutional system, and some did. Today, the principal challenge to aca­ ask of that do demic freedom turns on issues of so-called nothing you they political correctness. As in the past, these

can be difficult issues. Does academic not also ask of themselves. ---­ freedom protect the professor who teaches his students that homosexuality is a dis­ that are and that Professor Nobel ease, gays depraved they Gary Becker, do not belong in a "civilized" university? Does it protect the student who runs for Laureate in student council on a "Free Speech" plat­ Economics, form and displays campaign posters on. campus that incorporate Playboy or observed that Hustler centerfolds to make his point? recently "good-_­ Does it protect the feminist student who defaces these posters as a form of research often fails." Remernber.Lc., "counter-speech"? Does it protect stu­ dents who establish an on organization that. Even the most campus that aggressively espouses the gifted view, both in and out of class, that Blacks are genetically inferior? teacher and scholar suffers How will you address these issues? What are the lessons of history? Are no restrictions on free expression in a univer­ frustration and failure. sity consistent with academic freedom? Are these, or some of these, or some vari­ ants of these restrictions permissible because, unlike past restrictions on staid opinions as they are presented by ing your classmates and your teachers; it heretics, abolitionists, anti-war activists your teachers. It is, rather, to exercise the also means challenging yourself. It means and Communists, these restrictions are responsibility of freedom - to test what being willing to reconsider what you your­ reasonable? Or are we merely victims of you are taught at every turn, to challenge self have come to accept as true. You will our own generation's version of blindness, your teachers, your classmates and your­ learn here to ask the hard questions. But it prejudice and intolerance? selves, to choose your own values and is not enough to examine the premises, Third, and most important, we have a your own beliefs. beliefs and assumptions of an earlier time responsibility to live up to the principle of and find them wanting. I t is too easy to academic freedom. Often, it is easier to faculty of this University ask dismiss those who thought that the earth defend a principle than to live up to it. nothing of you that they do not was the center of the universe, that its Half a century ago, President Hutchins Thealso ask of themselves. Professor resources were boundless, or that separate asked what it is "that makes the University Gary Becker, Nobel Laureate in could ever be equal. You must remember of Chicago a great educational institu­ Economics, recently observed that "good that you, too, hold beliefs that your chil­ tion." The answer he gave then remains research often fails." Remember that. dren or your children's children will right­ true today: "It is," he said, "the intense, Even the most gifted teacher and scholar ly regard as naive, foolish, perhaps even strenuous and constant intellectual activi­ suffers frustration and failure. It is only by obscene. You must be prepared to chal­

ty of the place .... Presented with many taking risks, by daring to ask questions no lenge your eliefs, to reform your world, to points of view, [students are] compelled to one else ever has asked, that real contri­ challenge the nature of things. think for [themselves]. We like to think butions are achieved. As John Gunther Edward Levi once noted that our fac­ that the air is electric, and that from it the once observed, the University of Chicago ulty warmly welcome our students

students derive an intellectual stimulation "is a school that stands for ... freedom of "because students are where the future that lasts the rest of [their] lives. This," spacious inquiry, freedom to be a gadfly if lies." It is in this spirit that we welcome Hutchins concluded, "is education." necessary and freedom not only to be you. We hope you will find in these halls This is the tradition that you inherit. right but to take a chance on being the air that Hutchins said is "electric" and Unlike college students of the past, your wrong." If your professors ask you to take that you will take away from this place a task is not to submit to mechanical drill risks, know that they take risks as well. stimulation that will last the rest of your or rote memorization, not to accept with­ But fulfilling the responsibility of acad­ days. May your life's experiment be filled out question conventional values and emic freedom means more than challeng- with curiosity, boldness and courage. •

8 THE LAW SCHOOL RECORD A ow OF ANDS

THE LAW SCHOOL, COMMUNITY SERVICE, AND VOLUNTEERISM

year, the Law incredibly fortunate to be Student Division of the at the University of LastAmerican Bar Associa­ Chicago Law School. tion honored the students of There is a sense that one the University of Chicago should give something Law School for their corn­ back to the community. munity and public service The students participate in work by recognizing the Law these projects because they School as the Public Interest chose to participate, not Law School of the Year. The because they are fulfilling a award lauded the nearly requirement. That spirit 94,000 hours the students deserves recognition." It is a donated last year to various spirit first kindled public service activities and in 1957 with the founding of the their efforts to bring cornmu­ Mandel Legal Aid nity activism to the forefront Clinic. From the beg in­ at the Law School. ning, the Clinic was never short of students To fully appreciate the award, it is important eager to participate in legal aid. The first year, under the of A. Conrad Olson to put it in the proper perspective. Unlike other chairmanship institutions, the Law School does not require '58, the Clinic's Student Committee welcomed the interest of volunteers. pro bono hours from its second- or third-year tortv-seven Through­ out the that interest never in students as a prerequisite for graduation. Yet years, waned; fact, nearly half the students at the Law School it grew so that beginning in the early 1970s make the effort to set aside a certain number of Clinic participants had to be chosen by lottery hours each week to active community involve­ for the limited number of positions. ment. As Dean of Student Affairs Ellen M. In the early 1980s student involvement at Cosgrove recently noted: "Most people feel the Law School began to grow at a rapid pace. Volume 42, Spring 1996 9 Since that time, seven separate student public saw needs they believed should be addressed. interest organizations were founded. Three are In the pages that follow, we focus on these associated with established national programs groups. The editor invites readers to look for­ (Street Law, Volunteer Income Tax ward to a future issue of the Law School Record Assistance, and Work�A�Day) while the oth­ in which the Mandel Legal Aid Clinic, its ers are Chicago-born (Neighbors, Women's impact on the community it serves, and the Clemency Project, Immigration and legal world will be profiled. For now, here are Refugee Law Project, and the Charity seven student-directed groups that earned the Auction). The common thread they share is respect of the American Bar Association, the that they were all initiated by students who Law School, and the communities they serve.

STREET LAW tor Jennifer Canel '97. Ms. Canel believes ers are allowed. It's really great to see the Street Law is the oldest of the student the reason that law students return to the students have a conversation on an cur­ is that it is rent issue in our small service organizations currently active at program every year rewarding because, groups, to both the school students and the can listen to each other. to the Law SchooL Modeled after a success­ high they really Just law school volunteers. have inner students 'I never met a ful program developed at the Georgetown city say "The kids are filled with Canel do think I could be Law Center, Street Law is a national pro­ ideas," lawyer before, you "You learn so much from them. In that?' is so wonderful. You can just see gram that forms a partnership between says. we feel the entire is as how were." law schools and area public schools to fact, experience engaged they or better for the Street Law teachers expose high school students to the funda­ good mentals of the law. Law school students as it is for the high school students. "The best of the is not THE WOMEN'S volunteer to act as supplemental teachers part program the actual matter but CLEMENCY PROJECT in high school American History or necessarily subject to in a offers American Government classes. They the ability talk with students better The Women's Clemency Project student to teacher ratio than their teach- law students an to spend one hourn each week with stu­ opportunity study legal dents. The program, available as an elec­ tive class to junior- and senior-age stu­ dents, serves as an introduction to the HENRY C. SCHMELTZER '82 purpose and effects of law in everyday PARTICIPANT, STREET LAW (J 980) life. The students utilize their own topics and imaginations to develop activities became involved with the Street dents the fact that their using group discussions, debates on cur­ appreciated Law in order to learn what were considered while rent legal issues, and mock trials. program thoughts being it was like to teach. I was others were irritated at bothered Street Law was introduced to the Law I particular­ being in so in the the end of School in 19S0 by Howard Heitner 'S2 ly interested working with students early morning. By from different I the most of the student were who was the president of the Law entirely backgrounds. semester, Students' Association and had heard of had attended a private boys' high participating enthusiastically. school outside One student in stood out the program's success in other schools. "I Washington, D.C., particular where most of the students were from from the others. A senior in knew it would be interesting project for us high The she had received at the Law School," Heitner says today. "I privileged backgrounds. high school, consistently school at which I Street Law but had never considered wrote away to the Street Law Foundation, taught high grades received their material, and started the was located in a working class neigh­ college because no one in her family and the students had attended before her. We discussed program right up." borhood, generally Heitner recalls that during the first had very different goals and aspira­ at some length college life and her fears tions from those of school that she would not be able to handle year the program drew only two volun­ my high classmates. the involved. She was teers, Henry Schmeltzer 'S2 and Daniel pressures I had not to work but Levin 'S1. However, the popularity grew taught prior my extremely shy, nonetheless, against with the Street Law and decid­ her to and steadily over the next few years. Today, program parents' preferences, applied ed to use a modified Socratic method of was DePaul over sixty law students teach approximate­ accepted by University. ly 350 students in twelve high school teaching. Rather than simply repeating She graduated four years later and the contents of the I asked the stu­ became a assistant. classes. Many of the teachers are first-year text, legal to was one the students. All the current board members dents to think about situations and Street Law of high­ their views. Some of the stu- of at the Law School. participated in the program during their present lights my years first year, including this year's co-ordina-

10 THE LAW SCHOOL RECORD problems associated with domestic vio­ lence. The project is presented to inter­ KATHRYN VACLAVIK '94 ested second- and third-year student in PARTICIPANT, WOMEN'S CLEMENCY PROJECT (' 993·94J two components. First, students enrolled in the Domestic Violence seminar offered important aspect of the I was able to handle my case by Professor Mary Becker '80 study the Clemency Project was that the throughout the entire process; from causes of domestic violence, the legal sys­ Averyprogram as a whole worked with the very beginning of the petition tem's response to the problem, and the the media to get a lot of public attention process to the moment my client was controversy over the admissibility of evi­ and support for these women and for released from prison. I was able to see dence about the "battered woman syn­ what we were attempting to accomplish. the power that you have with the law drome" in defense of women who kill That helped each case tremendously. It and what you can do to make a differ­ their abusers. Concurrently, students par­ was interesting for the students to be ence. It still feels like the best thing ticipate in an on-going statewide project involved in a process where the outside that I've ever done for anyone. that oversees the filing of clemency peti­ world was looking in on the situation. Definitely, this project is the high tions in domestic violence cases. Students There was a great deal of pressure on us point in my life thus far. become members of teams preparing and because a woman's life and what she I still keep in touch with my client. filing petitions of clemency on behalf of a would be doing with that life for the Her life is going well. She is doing woman currently serving a prison sen­ next five to fifteen years were at stake. many positive things. She is starting a tence for killing or injuring her abuser. We all felt so strongly about the cause new life and is in counseling to deal Each team consists of two students and an and that we were part of something that with the abuse from the past. To hear attorney who is either one of the seminar acted as a voice for women. It was someone sound ing so strong and posi­ instructors or an attorney participating on important, regardless of who was granted tive, after what she lived through, is a pro bono basis. clemency, that we acted as their voice wonderful. She sent me a Christmas The program began in the spring of and had their stories told. Whether or card last year and she sounded so posi­ 1993 when students approached Professor not they were released in the end, at tive-so optimistic and upbeat. It's a Becker to discuss their interest in work least someone heard their story. really great feeling. I'll never forget it. involving women-oriented issues. "At one time, the Mandel Clinic did not do any work violence against involving That strategy session not only included focused on cases Professor Becker points women," Professor Becker says. "Their students and faculty from the Mandel with pride at the success the program has major projects focused on areas that Clinic but practicing attorneys involved in achieved on many levels. First, awareness didn't involve issues connected directly individual clemency petitions who wished in women-oriented legal issues, and with women. So, a few students ap­ to implement a statewide project dealing domestic violence in particular, has grown proached me to see what could be done in with large numbers of petitions. Thus, the among area law schools. Second, this this area. We decided to hold a strategy Women's Clemency Project was born. interest is not restricted to female students session to discuss possible projects." From the beginning, the Project has alone, as each year a steady number of men have actively participated in the project. Most importantly, the Clemency Project has seen success in its primary goal. A little over a year after that first meeting, Professor Becker and her stu­ dents delivered to Illinois Governor Jim Edgar twelve clemency petitions they had assisted in drafting. Four of the women represented by the Project eventually were granted clemency. The Project's work continues. Last year, among the eighteen petitions filed were twelve focusing on the cases the governor had denied clemency the year before. This year, Project members hope to expand the focus to other areas of women's legal affairs, possibly including efforts to improve the living conditions in Illinois women's prisons. In this endeavor, as in all the oth­ ers, Project members serve as the "voice for these women" and tell their stories.

Volume 42, Spring 1996 11 THE CHARITY AUCTION course, afterward he's always exhausted; we (TWO), a local public service group serv­ would have to feed him bars to south side. TWO a Would you spend $80 to walk Professor candy keep ing Chicago's provides that level But he loved it." multitude of services from low Cass Sunstein's dog? Or $105 dollars for a sugar high. building This marshaled Marta Lowe rent for families at risk tie from Senator Paul Simon. Or perhaps year, by non-profit housing the Auction raised to to childhood $260 to watch movies at the home of '96, Charity $15,875 teaching early development benefit the Woodlawn classes for area Dean Baird? That is what some bidders Organization youth. eagerly paid for these and eighty other items offered on January 26 during the fifth annual Law School Charity Auction. Over the years, the Auction-under the steady gavel of Professor Richard Epstein-has successfully raised almost $70,000 to assist local nonprofit service organizations. Despite its short history, the Charity Auction, spearheaded by the Law' Students Association, has become one of the most eagerly anticipated events of the academic year, involving not only the stu­ dent body, but faculty members, adminis­ trators and staff, as well as outside busi­

nesses and law firms. Begun in 1992, the Auction was the brainchild of Lauren Elliot '93. "The

underlying purpose to the Charity Auction was to give something back to the neigh­ borhood," recalls Elliot. "I brought two ideas together: the opportunity to work with the community by raising funds for a local organization and the fun of doing it at the same time."

Initial concerns over the success of the

auction were swept away as a great out­ pouring of donated material arrived in the last few days before the event. Elliot and her crew were amazed to find that instead MARTA LOWE '96 of the few thousand they secretly hoped to CO·ORDINATOR, THE CHARITY AUCTION (J 996) raise, the evening ended with a final tally of over $9,000. auction is one of the like him to their "We really did not expect there would charity express appreciation. be such competitiveness between the stu­ few events during the year when And, yes, Professor Sunstein agreed to the entire Law School loan out the wonder dents bidding on particular items. The gets "Bear, dog" (his and it never fails to enter­ not for the afternoon. Someone actually paid money for an old together, words, mine) chair Professor Helmholz "donated. It tain. Organizing it was a pleasure. As a first year student, I saw the Most are to and Auction from the astonished me that it wound up to be such donors happy give spectator's perspec­ are to tive and I had a blast. It's a a hot item." (Professor Richard Helmholz people surprisingly eager part great way with their for a cause. to learn about the Law School com­ himself agrees. "I was absolutely dumb­ money good The auction is such an As a second I worked as founded that anyone would pay so much anticipated munity. year, event one advan­ for that old high-back chair; perhaps not mostly because of Professor of the helpers. From that to more a feel as dumbfounded as I am that someone Epstein, but also because we offer items tage, you begin get of that wouldn't have access to nor­ for the service This as would pay as much as they do for taking people aspect. year For there is the baseball coordinator was care of Cass Sunstein's dog, but dumb­ mally. example, incredibly fulfilling founded none-the-less.") game with Professor Strauss. It sells for for me. I really got to know the Law Much of the success of the Auction is several hundred dollars every year School faculty and students and the

so some­ law firms in who are credited to Professor Richard Epstein, the because he is popular and it's Chicago willing auctioneer since the beginning. "He's the thing that you can't do on a regular to donate their time and services. basis. It is a for students who That's a incredible best," says Elliot. "He was very instrumen­ way really pretty experience. tal in making it a success, and he still is. Of

12 THE LAW SCHOOL RECORD WORK-A-DAY PRIYA (HERIAN '96 Like Street Law and VITA, Work-A-Day VITA (' 996J CO-ORD/NATOR, is a national program which Law School students participate. The program was founded four at the of particularly great their tax forms. It's a relief to them years ago University Illinois Law School to law stu- about this program is that that, in the midst of their economic encourage to set one a to reach . dents aside What'sit is extreemly one-on-one. chaos, someone is there to lend a hand. day year out to their communities and a People literally lay their lives before It is an intense three weeks but, begin affiliation with bono work. you. It's very personal. I've had clients since it occurs so early in the spring career-long pro This under the co-ordination of the come in ashamed because they've quarter, it comes at the exact point year, American Bar Association's Law Student become unemployed in the last year. law students are able to give the the Law School was one of over That's a huge tax change. They go from time. There are so many people here Division, schools nation-wide in W-2s to unemployment benefits. So on who recognize that we are tied to the fifty participating the event. top of feeling ashamed they are scared community and want to have an "The Year of the was the theme because they don't know how to file impact on it. Child," this year and over eighty Law Schools stu­ dents participated, according to Amy VOLUNTEER INCOME volunteers take it very seriously. It's good Friedlander '96, the co-ordinator of the TAX ASSISTANCE training and a great way to contribute to Law School's program. "We doubled the The Volunteer Income Tax Assistance the community." number of volunteers from last year. Every program (VITA) is a nation-wide effort overseen by the Internal Revenue Service and sponsored in part by the American Bar Association's Law Student Division.

VITA volunteers prepare income tax returns for those who cannot afford com­ mercial tax preparation assistance and people with special needs, including the disabled, non-English speakers, senior cit­ izens, and homebound taxpayers. Cur­ rently celebrating its twenty-fifth anniversary, the program offers free tax advice at over 9,000 sites across the nation. The Law School began its involvement with the program in 1982. This year, over twenty Law School stu­ dents are actively involved. Participants are not professional tax preparers, stresses Priya Cherian '96, co­ ordinator of VITA program at the Law School this year. "It is not necessary to have an accounting background. But everyone at the Law School is good at reading directions and indexing. These may seem like simple skills but, in the face of general disempowerment our clients feel, they are very important skills." Cherian points out that a large majori­ ty of clients are scared of filing tax forms. In addition, some clients are illiterate. "We are there for the elderly with Social Security benefits, the unemployed, people who do not have much means at all. They know that we are there in good faith and our clients feel extremely confident because they perceive that, as attorneys, we know what we are doing. I know the

Volume 42, Spring 1996 13 year the participation has increased from program's success, with over eighty-five Currently, over sixty law students par­ the previous year. Work-A-Day is the per­ students spending at least two hours a ticipate in one or more of Neighbors' fect program for people who feel they don't week volunteering in the Woodlawn nine programs. Volunteers offer one-on­ have the time to make a long term com­ community. According to Amy Hagen one tutoring at area elementary schools, mitment to a service project. Half of our '97, the current director, the reasons for remedial reading courses at a local drug volunteers don't have obligations to com­ the program's success are twofold. "The rehabilitation center, and teach adult lit­ munity service programs." original objective was to have enough eracy courses. They also serve meals at In keeping with the spirit of this year's diverse activities involving a diverse age the First Presbyterian Church soup theme, volunteers focused their efforts on range so that every interested law student kitchen on Tuesdays. Neighbors' volun­ nine programs and organizations dealing could find an area that suited them. We teers travel the short distance LaRabida with children's needs. Teams were dis­ also offer a wide range of sites close Children's Hospital to visit with the patched to two Ronald McDonald Houses enough to the Law School to make vol­ inpatient children. There much of the to feed families in residence. Other crews unteering convenient. But we are strict time is spent simply playing with the worked at head start programs and the in one respect: volunteers must pledge to children, Hagen says, "many of whom are Salvation Army facilities painting offices' work at least two hours a week, and in there for extended treatments and are and classrooms. school work cannot be used as an excuse bored, unhappy, or just lonely and need a One crew labored at a site familiar to for missing a time commitment." friend." Law students spend some after- some past Work-A-Day participants. They were assigned to the Covenant Develop­ ment Organization, where they painted a house located on 61 st Street, the same house that, last year, volunteers helped clean out in preparation for renovation. "I was part of the group that worked at Children's Place in Evanston, which is an organization that raises money for chil­ dren with. AIDS," Friedlander said. "We worked; at their resell shop, tagging and marking clothing. Although, Work-A­ Day is by definition a one-day event, we returned the next day to help them out some more because it was a lot of fun."

The popularity and success of the pro­ gram thrilled Friedlander who suggests a Chicago school approach to the issue. "Maybe because there is no sense that the market will take care of itself that students

feel the need to be involved; more so than they would if there was pressure to be there. I really think it's the kind of stu­ AMY C. HAGEN '97 dents who come. I think that is inspiring." DIRECTOR, NEIGHBORS n 996)

NEIGHBORS began my involvement with time. Once, after one gentleman and I for the finished an incredible conversation, I Neighbors is a volunteer community Neighbors by volunteering a realized that there was a lot of me in outreach founded three I drug rehab program. I met lot of group years ago that first and the him and vic versa, and if our positions by a group of students led by David amazing people year I derived from it were in life had been switched, I have Hoffman '95. Hoffman was disappointed experiences might I been like him and he have in the lack of interaction with the invaluable. recognized how privileged just might been like me. neighboring low-income Woodlawn I had been throughout my life. I learned to connect with someone who I think we are a differ­ community. In the summer of 1993, he truly making looks different from me and who ence. Woodlawn leaders approached community leaders with the very community is in a different situation than have told us that with our idea of providing them assistance from a very my working own. I how remarkable sim­ volunteers has improved their impres­ corps of student volunteers. Neighbor­ recognized hood leaders welcomed the idea and ilar we were but that I was lucky to be sion of the University and the stu­ born in the and at the dents. That means a lot to us. Neighbors was born. right place right The first year of operation proved the

14 THE LAW SCHOOL RECORD noons at a local senior citizens care cen­ ter serving lunch and engaging in activi­ JUDITH WISE '96 ties to keep residents entertained and CO-ORDINATOR, IRLS (J 99�J active. At the YMCA, volunteers partici­ pate in what calls the Neighbors worked on a case in which my client was considered treasonous activities by Afterschool Sports Program, though had been an activist while a student the Chinese government. Hagen stresses it is much more than just I in China. He clearly participated in I prepared my client for his hearing "Three a week, our volun­ sports. days illegal activities for the democratiza­ by going through his history to build teers spend two afternoon hours at the tion of his country. While visiting fam­ his story and by gathering together all YMCA organizing games like kickball, ily in the U.S., he applied for a student his documents. He also had to testify dodgeball, softball, and basketball with visa, but was denied. He then applied which meant preparing him for direct the kids. times also kids Many they help for asylum but the Immigration and examination and cross-examination. with their homework." Naturalization Service denied that as I learned a lot about relating to a "We also volunteer at a local drug well, saying that the danger he faced in client during that time. When we won, rehabilitation center. There we see men of China was not great enough. I learned that you have a really good all ages, some of whom have a high HIV The problem with the INS was that feeling after all the work. My client was risk factor, while others have served sever­ they didn't distinguishing between so happy and we hugged each other. al jail sentences. We conduct remedial someone who comes to the this coun­ There is something incredibly reward­ reading and writing tutoring there try and gets involved in activism in ing about doing the kind work in which Sundays and Wednesdays. Sometimes, we order to obtain asylum and someone you work one-on-one with a client. In are there simply for conversation. That who comes here having been involved the future, I am going to pick pro bono has proven to be helpful to them, as well. in democracy activism in his native with a lot of human contact. The level For the most part, it is the first time they land and therefore needs asylum. My of reward goes way up when you see the encounter someone who cares about them client faced ten years in prison based look on the face of the person who gets who doesn't need to, and that is an amaz­ on his treasonous activities, or what his rights finally because of your work. ing thing to them." Hagen mentions that the volunteers are so highly motivated that sometimes it him. From Petty, Thomas learned that the expresses great appreciation for the stu­ is difficult to decide who benefits the most MIRC was under the umbrella of The dents' interest and energy. "It's really very from the program, the people they assist or Heartland Alliance, a national program helpful having law students involved. the participants themselves. "For us, it involved with general immigration work. They may lack experience but they make makes a great difference in our own lives. The MIRC served as its refugee center. up for it by being very bright and enthusi­ It's a great reality check. It's people and Thomas realized other students might also astic. It's a great experience for the law life and not academia." be interested. students because these are real people "I felt that the school ought to have a whose lives may be in danger. It's all very program like this. I didn't feel like just sobering. It's certainly no law school exer­ THE IMMIGRATION AND complaining about it. So, I posted signs cise. It's real life." REFUGEE LAw SOCIETY announcing my idea and wound up never Thomas agrees, remembering the hard The Immigration and Refugee Law once taking a case. I spent my entire time work of three Society members during one Society (IRLS) was founded two years ago organizing the volunteers and getting the refugee case. "Linda Sheriff, John to provide interested students with expo­ project off the ground." Motley, and Nick Coleman worked on a sure to immigration law matters. IRLS The program offers students the case defending a Palestinian refugee seek­ enables students to learn about immigra­ opportunity to learn refugee and immi­ ing asylum. They basically worked up the tion and refugee law by providing oppor� gration legal proceedings on the job. entire case, from finding the expert wit­ tunities to work directly on asylum cases Students have opportunities to work on nesses, to writing to the United Nations in conjunction with the Midwest asylum applications, assist with interpre­ to get an amicus brief. They even had the Immigrant Rights Center. IRLS also tation for MIRC clients at Immigration opportunity to argue at a hearing. John allows law students to assist permanent & Naturalization hearings, write legal Motley was a first-year student at the residents in Chicago with the naturaliza­ briefs, and argue matters before time. It was a lot of work." tion process. Immigration judges. Additionally, the Despite the fact that she hasn't han­ IRLS was organized in 1994 by Liisa Society co-ordinates one-day volunteer died a case personally, Thomas has no Thomas '96, to satisfy her interest in projects in various Chicago neighbor­ regrets. "I am really happy I started the immigration and refugee work. During her hoods, including assisting with efforts to society. I have a personal interest in immi­ first year at the Law School, she became organize naturalization papers of cornmu­ gration since I've lived in Egypt and aware of the work conducted by Roy nity members. France and consider myself an immigrant. Petty '81 at the Midwest Immigrant's Students receive training and supervi­ It's a field that means a lot to me. It's one Rights Center (MIRC) and contacted sion from MIRC director Roy Petty who of the reasons I went to law school." •

Volume 42, Spring 1996 15 ! LAW SCHOOL NEWS z .. o o z " Vj CLINICAL PROFESSORS HONORED MARTHA NUSSBAUM

On November 30, at an award ceremony [Speaking of her course "Compassion and Mercy"]: "We look at J held at Chicago's De Paul University, Michelle Kaplan, clinical professor of law, the law, the history, and the debates of the proper role of compas-­ received the 1995 Dream Makers Award sion and in There is a tradition in the com-­ from the Lawndale mercy sentencing. long Chapter of the I mon law which is so firm, that in 1976 in the case, Woodson vs. Have A Dream North Carolina, the says that to not listen with Foundation. With majority opinion chapters nation­ sympathy to the story of a criminal defendant at the sentencing wide, the I Have A phase of a capital case would be to treat people as a faceless mass, Dream Foundation not as human individuals. I think that the tradi-­ is a program dedicat­ uniquely shows you ed to drop-out pre­ tion is very fixed; that there is this role for mercy and compassion in vention and scholar­ the law. I'm to that alive and show where it ship programs for trying bring again young people. They provide tutoring, men­ comes from and what the dividends might be, and to bring back this toring, cultural events, and field trips with­ entrenched tradition." in the context of empowering young people deeply with the attitudes and skills necessary for On 1, Martha Nussbaum the Law School success. There are eleven programs in the July joined faculty as a professor of law and ethics in a joint Chicago area, with similar programs in fifty with the School. Ms. Nussbaum cities across the country. appointment Divinity recently began a two-year term as president of the Every year, each chapter nominates one American Society for Political and or two individuals who best capture the Legal Philosophy. spirit of service to young people, according Birth: May 6, 1947. to Derek Greenfield, project coordinator of Education: B.A., 1969, New York M.A., the Lawndale program. "The nominees are University; 1971, Ph.D., 1975, Harvard University. Prof. individuals who have gone above and Nussbaum has received honorary from beyond to provide the kind of service, the degrees Kalamazoo and Grinnell love, and nurturing that are important for College College. Previous appointments: From 1984 to 1995, Prof. our young people," he said. Nussbaum at Brown As a visit­ In presenting this award to Kaplan, taught University. ing she has at Wellesley, Ecole Greenfield noted that the Lawndale pro­ professor, taught Normal Superieure de Jeunes Filles in Paris, gram "is fortunate that Michelle Kaplan Oxford, Stanford, University of Colifornia at has become part of its extended family of RiverSide, University of Oslo (Norway), and twice with Jacques Brunschwig), ond Women, (ulture, committed supporters. As an attorney at at the University of Chicago. and Development (co-edited with Jonathon the Mandel Legal Aid Clinic and a clini­ Research and interests: ethics, Glover)_ She is a book on cur­ cal lecturer of law at the University of Teaching aesthetics, currently completing moral and politicol philosophy, jurisprudence, law ricular controversies in American higher education, Chicago Law School, Michelle has pro­ and literature, ancient Greek feminist entitled Citizens of the World: A Classical Defense vided countless hours of pro bono work philosophy, theory, ond theories of mefivnfion. of Radical Reform in Higher Education. especially by serving as defense council for Recent Poetic Justice: The Literary (ourses: Compassion and Mercy, Liberal Theories of young dreamers." publications: Imagination and Public Life (1996); Essays on Justice: Rawls ond His Critics. "I was humbled," Kaplan later said. "I Aristotle's De Anima (co-edited with Amelie Outside interests: Former who do public interest work because I believe I professionol actress, Rorty), The Quality of Life (co-edited with enjoyed acting with Burt Lahr, Judith Anderson, have an obligation as an attorney and I Amartya Sen), Passions & Perceptions (co-edited ond Ruby Dee in Aristophanes' The Birds_ receive a lot back in the process of doing so. My clients are an inspiration to me as I

16 THE LAW SCHOOL RECORD i '" n l: o o r- Z m �

see what overcome. this work they Doing BECKER NAMED SHURE PROFESSOR is so rewarding; so it's ironic that I should be given an award for it." On February 13, Randolph N. Stone, In February, Mary E. Becker '80, a clinical professor of law and director of member of the faculty since 1982 and the Mandel Legal Aid Clinic, was hon­ one of the country's leading scholars on ored with a testimonial from the Loyola feminist legal theory, was appointed the University School Arnold I. Shure Professor of Law. In of Law in Chicago. announcing her appointment, Dean I t recognized his Douglas Baird praised Professor Becker's extensive work in the areas of years of "exemplary family service to the legal law, feminist theory, women's issues, profession through domestic violence, employment dis­ service to the uri­ crimination, and critical race and les­ derpriyileged and bian/gay legal theory. Dean Baird noted the outstanding it is fitting that Professor Becker receive example he has set a named professorship that horrors by his commitment Arnold 1. Shure, the 1929 Law School to the highest ideals of the profession." graduate widely recognized as a tireless On April 2, the Anti-Defamation defender of victims of discrimination. B.S. League presented Professor Stone with its Professor Becker received her is the author of one of the first textbooks Abraham Lincoln Marovitz Civil Rights from Loyola University, Chicago, in on women's legal issues and feminist Award during a luncheon held at 1969. Before attending law school, she theory, Feminist Jurisprudence: Taking Chicago's Palmer House Hilton. Citing taught first grade for two years and Women Seriously. Professor Becker has his work as a public defender of Cook spent a number of years in data process­ been active for several years in seeking County and the chair of the ABA's ing. In 1980, she graduated from the clemency for Illinois women convicted Criminal Justice Section, as well as his Law School, where she was a comment of killing abusive partners through the years as a law professor and director of the editor of the Law Review and a member Women's Clemency Project, a program Mandel Legal Aid Clinic, the League of the Order of the Coif. Following she co-founded in 1993. praised Stone for his "important and graduation, she clerked for Judge The Arnold I. Shure Professorship ongoing contribution to the national dis­ Abner Mikva '51 of the U.S. Court of was established in 1971 through a cussion about crime, the criminal justice Appeals for the D.C. Circuit and for matching grant from the Ford system, and the field of civil rights." Justice Lewis F. Powell Jr. of the U.S. Foundation and the contributions of a the Law Supreme Court. She joined large group of friends of the Law School faculty in 1982. School in honor of Shure. Past holders Professor Becker is the AAL.S. liai­ of the Arnold I. Shure Professorship son to AB.A Commission on the GEORGIAN LEADER CREDITS the include Allison Dunham and J 0 LAW SCHOOL FACULTY Status of Women in the Profession and Desha Lucas.

Citing the enormous amount work per­ world in of men receive at On of formed in the areas of international consti­ achievement the field your school. behalf tutional law, Eduard Shevardnadze, Presi­ Constitutional Law was successfully incor­ Georgia and myself, thank you." dent of the Republic of Georgia, personally porated in the development of the draft of Professor of Law Lawrence Lessig the Constitution and its further evalua­ this is the culmination of a three thanked professors at the Law School. explains tion. The members of effort that when Prof. Citing the adoption of a new constitu­ your faculty year began Lessig Andras Alexander attended a 1992 conference with tion by the Parliament ·of Georgia on Stephen Holmes, Sajo, August 24, 1995, President Shevardnadze Blankenagel, Larry Lessig, [and] Herman Georgian officials that focused on various thanked the Law School for all the efforts Schwartz made an invaluable contribu­ constitutional issues. Impressed at what tion to this We also the Law School and its Center for the generated to make such an historic event process. appreciate the care and attention that our of Constitutionalism in Eastern possible. "Through your generous support, country- Study

Volume 42, Spring 1996 17 Europe had to offer, five Georgian lawyers Polish officials: former Prime Minister jurisdictional disputes between the arrived in Chicago the following year for Hanna Suchocka, former Minister of Constitutional Court and the Supreme intensive training in constitutionalism. Finance J erzy Osiatynski, and Lech Court. Among those attending the meet­ ..... After ten the returned to former chief of the were Professor Holmes and o days, lawyers Falandysz, deputy ing Stephen o their country to instruct the constitutional President's Chancery. Former U.S. Ambas­ Alexander Blankenagel, a visiting profes­ ::J: commission there. sador to Poland R. Davis sor of law in 1994-95 and u drafting John jr., respond­ who, formally en The following year, after three separate ed to the panel members' addresses. In a informally, aided in the development of drafts were drawn-one focusing on a subsequent session, Jerzy Osiatynski spoke the new Russian, Belorussian, Ukrainian, � strong parliamentary structure of govern­ on the economic aspect of the transition. and Georgian constitutions. ment, the second ensuring a strong presi­ Kenneth Dam '57, Max Pam Professor of dentialleadership, and the third a lengthy American and Foreign Law, chaired the COST OF RIGHTS WORKSHOP version steeped in legal arguments-ten discussion while Dean Douglas Baird and A workshop on the cost of rights in post­ lawyers journeyed to the Law School to Professor Richard Epstein offered their communist Albania, Hungary, Poland, work out a compromise. They had been responses to the address. Professor and Russia was held at the Law School on hand-picked by President Shevardnadze Lawrence Lessig then chaired a session on December 1 and 2. The purpose of the and represented the major factions of the social and economic issues in the new workshop was to develop a methodology constitutional committee. Polish Constitution. Professors Cass which can be used for comparative pur­ The lawyers spent that summer ham­ Sunstein and David Strauss responded. poses. The participants were Phineas mering out a constitution with the aid of Stephen Holmes, professor of political sci­ Baxandall, Michael Heller, Stephen members of the Law School's Center for ence and law co-director of the Center for Holmes, Ed Koren, Wiktor Osiatynski, the Study of Constitutionalism in Eastern the Study of Constitutionalism in Eastern Andras Sajo, and Dave Weimer. The Europe, which included Alexander Blan­ Europe chaired the discussion with workshop was supported by the University kenagel, professor of law at the Humboldt Professors Lessig, David Currie, and of Chicago Law School and the University in Berlin and a visiting professor Michael McConnell '79 responding. The Constitutional and Legislative Policy of law at the Law School; Andras Sajo, conference was sponsored by the Institute, Budapest. founding dean of Central European University of Chicago Law School and the University Legal Studies Budapest and a Constitutional and Legislative Policy visiting professor; and Herman Schwartz, Institute (COLPI), Budapest. TAX CONFERENCE professor of law at American University. The Center acted as a guidepost in consti­ SEMINAR ON THE RUSSIAN The Law School's forty-eighth annual tutionallaw, raising provisions and answer­ CONSTITUTIONAL COURT Federal Tax Conference, convened on ing questions. The committee of lawyers On December 20 and 21, the third annual October 16 for a three-day session at out a document which worked they pre­ seminar on the Constitutional Court was Chicago's Swissotel. During the conference, sented to President Shevardnadze. held in Moscow. This year's discussion participants considered aspects of anti­ Alterations were made to this version, centered on the ability of lower courts to abuse rules, clear reflection, corporate taxa­ which culminated in the final successful apply the constitution directly and on tion, international tax planning, and other vote of the Georgian Parliament in August. Prof. Lessig acknowledges the birthing process for this constitution was long, but NOTICE TO ALUMNI AND FRIENDS definitely worth the effort. "It is a begin­ ning," he said, "which is all any constitu­ In recent months, an organization ly committed to public service (see the tion can hope to be. Its success will called Equal Justice America has been article on page 9). Indeed, alumni and depend upon how much room President Law School alumni. Both in friends have created several Shevardnadze gives the democratic soliciting permanent letters and on the telephone, this orga­ funds expressly devoted to helping stu­ process to succeed." nization has implied that gifts made to dents pursue internships and careers in it will be used to provide summer public service. Examples include the internships for our students. James C. Hormel Public Service Fund, EASTERN EUROPEAN NEWS We understand that Equal Justice the Thomas Loren Karsten Public America has solicited graduates of Service Fund, the Myndl and Hyman CONFERENCE ON POLISH other law schools as well, but we know M. Spector Fund, and the Maurice S. CONSTITUTIONAL PROBLEMS little else about it. In keeping with and Helen R. Weigle Fund for Public On November 16 and 17, a conference longstanding policy, the Law School Service. Law School students them­ was held in Chicago on the "Ideas and has not released address or telephone selves help fund internships through Reality in the Polish Transformation." information to Equal Justice America. gifts they make to our student-run The conference was opened by Wiktor We are taking steps to ensure that it Chicago Law Foundation. Osiatynski, a visiting professor of law at does not represent, explicitly or implic­ We welcome gifts to the Law School the Law School and, since 1991, a co­ itly, that it is acting with the Law for public service and, for further infor­ director of the Center for the Study of School's approval or on its behalf. mation, please call Greg Wolcott, Constitutionalism in Eastern Europe. The Law School, of course, is strong- Assistant Dean, at (312) 702-9486. With him were a panel of former top

18 THE LAW SCHOOL RECORD ------

matters of current interest. Speakers includ­ STUDENTS RING IN SUCCESS FOR PHONATHONS ed Elizabeth Garrett, assistant professor of i who in the discus­ u­ law, participated panel n sion analyzing the anti-abuse rules; Jeffrey ::J: o T. of Kirkland & who Sheffield, Ellis, o chaired the Monday afternoon session that r- focused on clear reflection; Christian E. Z m Kimball of Boston School of '83, University � Law, who spoke on "Debtors and Creditors '" in Multi-Party Relationships;" and Stephen S. Bowen '72, of Latham and Watkins, who chaired the Tuesday afternoon session on corporate taxation. In addition to the lectures and panels, the speakers submitted papers which were subsequently published in the December issue of Taxes. This issue was distributed to graduates practicing law, as well as con­ ference attendees. A limited number of copies are still available. Those interested in receiving one can contact Judith Cottle at 312/702-9624.

Over eighty students worked eight nathon in late October and raised over nights to make the eighth annual $95,586 from 706 pledges. In Novem­ DEWEY LECTURE Student Phonathon a rousing success. ber, volunteers under the leadership of First, under the leadership of co-chairs Kathy Conrow '96, Laura Gustafson "Fertility and Coercion" was the subject of Paul Niehaus '97 and Cheryl Stanton '97, and Genita Robinson '96 solicited the 1995 John Dewey Lecture, presented '97, students volunteered their time for $21,550 from 225 alumni pledges for on October 25 by Amartya Sen, the the Fund for the Law School ph o- the Mandel Legal Aid Clinic. Lamont University Professor and Professor of Economics and Professor of Philosophy the US in the world) currently remarks by the symposium's keynote in the Courtroom at Harvard. Addressing (possibly appointed as both a Professor of Econom­ speaker Larry Irving, the assistant secre­ an overflowing audience in the Wey­ ics and a Professor of of commerce and President Clinton's mouth Kirkland Courtroom, Professor Philosophy." tary The was estab­ advisor on Mr. Sen's lecture focused on the concerns of John Dewey Lectureship principal cyberspace. lished in 1981 the Foundation. co-authored a recent enti­ world overpopulation and the implica­ by John Dewey Irving, report tled "Privacy and the National Informa­ tions and general acceptability of using tion Infrastructure," discussed the report's various measures of state-sponsored coer­ analysis of the danger posed by the lack of cion to deal with the problem. LEGAL FORUM SYMPOSIUM laws In her introduction of Professor Sen, uniformity among existing privacy and the near lack of for trans­ Professor Martha Nussbaum said of him: FOCUSES ON PRIVACY THREAT protection actions over the Internet. He a "He has deployed his remarkable ability IN CYBERSPACE proposed framework to remedy the problem, focus­ and energy in the service of a creative pro­ The of on the of ing largely on provider notice and cus­ ject of great intellectual importance and, impact cyberspace ability and the to tomer consent. The report is available at at the same time, great human and social corporations government gath­ er information about individuals http://www.ntia.doc.gov importance. This project, in all its varied private was one of discussed at the The discussion of the threat to privacy manifestations, is nothing less that the many topics Forum's eleventh annual continued with the first of three reinvention of the old idea of political Legal symposium panels, on "The Law of Held at the entitled "Privacy 'in Cyberspace," which economy-the idea, that is, that the econ­ Cyberspace." Law School on November the was chaired by Professor Lawrence Lessig. omist should be both a technically profi­ 3-4, featured of the According to one panelist, the greatest cient scientific analyst and also a profound Symposium many principal to Internet trans­ conceptual and philosophical thinker scholars in "cyberlaw" discussing issues of danger privacy posed by intellectual and the actions lies in the of corporations about the issues that give the discipline of privacy, property, ability First Amendment. to information that, while seeming­ economics its importance in human life: gather The with ly innocuous in pieces, could be construct­ the nature of preference and desire, the Symposium began opening remarks Ronald W. Staudt direc­ ed into a dangerous whole. Other panelists nature of ethical agency, the nature of by '70, tor of for discussed the threat to privacy posed by human well-being and its relation to Technological Delivery Systems the the government, particularly through its human functioning. One measure of Sen's LEXIS-NEXIS, computer-assisted and a of the efforts to utilize software. unusual achievement here is the fact that, legal research system sponsor decryption The other focused on such The program continued with panels to my knowledge, he is the only person in symposium.

Volume 42, Spring 1996 19 .------�

issues as the need for new rules governing MELTZER SPEAKS ON NUREMBERG copyright in light of the ease of duplica­ tion in cyberspace, and the problems with .... On November 21, 1945, Justice full First Amendment o extending protec­ H. on from o Robert Jackson, leave tions to communication on the Internet. :J: the United States Court These included Frank H. u Supreme panels Judge and as Chief of the United '" serving Easterbrook '73 as a panelist, and, as States prosecution, delivered his moderators, Professors Kenneth W. Dam � opening statement before the '57 and Geoffrey R. Stone '7l. International Tribunal in Military The Legal Forum will publish edited ver­ later to the Nuremberg. Fifty years sions of the keynote address and the ten day, Bernard D. Meltzer '37, the articles presented at the Symposium in its Edward H. Levi Distinguished 1996 Volume, entitled "The Law of Cyber­ Service Professor Emeritus, recount­ space." More information about the ed his and experiences, memories, Symposium can be viewed on the Legal assessment of what has often been Forum's home page at http://www-Iaw.lib. described as "the trial of the centu­ uchicago.edu/forum/ cyberspace.html. ry"-the Nuremberg Trials. -Maren D. Lee '96 Speaking before a hushed audi­ ence that filled the Glen A. Lloyd auditorium to standing room only capacity, Meltzer explained how COASE LECTURE SERIES he was one of twenty-four Americans on the international Cass Sunstein, the Karl N. Llewellyn team that presented evidence Distinguished Service Professor of delivered the first Coase against nearly two dozen German offi­ on the preparation. For seven sleepless Jurisprudence, cials at the Palace of Justice in days, Meltzer and his team calculated and Lecture of the 1995-96 academic year on Nuremberg, Germany, for their role in tabulated the horrific evidence. November 28. In his lecture, entitled "In Defense of Government: On aggressive war and war crimes during "The evidence was a lawyer's dream Big and World War II. At thirty-one, Meltzer and a humanist's nightmare. It included Preferences, Choices, Norms Roles," was the youngest attorney to present a two totenbuchs-deathbooks-that Professor Sunstein sought to challenge held notions of case to the tribunal. recorded approximately 300 deaths at widely rationality, choice, a new conclu­ Much of Meltzer's work concerned the Mauthausen camp, deaths recorded and freedom and develop sion about the between the case against those who had helped as having occurred in alphabetical relationship finance the German rearmament, those order, at brief intervals of time, and in human behavior and the law. the responsible for the systematic plunder­ each case because of heart disease. I still On February 6, Richard Epstein, ing and pillaging of occupied territo­ recall the hush in the courtroom when James Parker Hall Distinguished Service the series with ries, and those who aided the deporta­ those books were put into evidence. Professor of Law, continued tion and exploitation of millions of "Nuremberg is made relevant-alas, a lecture entitled "Property Rights and Transactions Costs: Do Good Fences Make slave laborers. He also was also respon­ too relevant-by the ongoing infamies that addressed the sible for preparing and presenting the of our own times, such as 'ethnic Good Neighbors?" sig­ nificance boundaries: whether in case against Walter Funk, one of cleansing' and slaughter in the former of space, Hitler's personal economic advisors Yugoslavia and Rwanda," Meltzer said time, or over other dimensions such as and Professor lecture and, later, undersecretary of the at his conclusion. "The memory of debt equity. Epstein's Ministry of Propaganda, headed by Nuremberg is also evoked by the rise of focused on the reasons to respect such boundaries and the need to Joseph Goebbels. Funk also played a nco-Nazism in Germany and the U.S., explained from in cases. role with the agencies that determined as well as by the preachers of bigotry, deviate them particular the number of slave laborers required hate and separatism everywhere. Instituted in 1992 by the Law School's Law and Economics the Coase for German industry as well as heading "What drives people to commit Program, Lecture Series is in the the bank that served as the storehouse such horrors-that is the great mys­ named honor of of all the valuables stripped from the tery," Meltzer said. "It is obviously easi­ 1991 Nobel Laureate in Economics Ronald H. Coase. The next lecture is concentration camp victims. er to understand the deliberate killing for and will "Funk wept when confronted with of one person than the extermination scheduled Tuesday, April 30, this evidence pre-trial, but claimed that of 500,000." feature guest speaker Judge Frank H. he knew nothing about that ghoulish Professor Meltzer speech, entitled Easterbrook '73 of the U.S. Court of for the Seventh Circuit and traffic. The Tribunal concluded that he "Remembering Nuremberg," was Appeals senior lecturer at the Law School. had known or had not wanted to know." reprinted last year as the Law School's In addition, Meltzer told how, ten Occasional Paper #34 and is available Graduates and friends of the Law School are welcome to attend. For more informa­ days. before the concentration camp case from the William S. Hein & Co., 1285 was to be presented, he was asked to work Main Street, Buffalo, NY. tion on the Coase Lecture Series, please contact Karen Afshari at 312/ 702-0220.

20 THE LAW SCHOOL RECORD VISITING COMMITTEE

The Visiting Committee convened its annual meeting at the Law School on November 2, 1995. Over forty committee Z m members met for the two-day program. This year the program focused on how the ! Law School should respond to changes in the legal profession. After the traditional continental breakfast and welcome from Dean Douglas G. Baird, the committee members listened to Assistant Deans Richard Badger '68 and Ellen Cosgrove '91 and Professors Richard Epstein and Elizabeth Garrett discuss careers in law, career development, and the mission and goals of the Law School's Placement Office. Particular attention was paid to the Law School's commitment to public ser­ vice careers. Greg Liberman '97, president of the Law Students Association, and sev­ eral students offered their views from stu­ dent perspective. The committee then adjourned for lunch with a larger group of students to discuss their views. A number of students chose to attend brief seminars in the classrooms conducted by committee mem­ bers Ricki Tigert Helfer '76, chair of the Federal Deposit Insurance Corporation, and Philip G. Hampton II '80, assistant commissioner of the u.S. Trademark and Patent Office. Returning to Seminar Room Dafter lunch, a number of graduates were pan­ elists for a discussion focussing on their views of the current status of legal educa­ tion. Panel members included Mitchell S. Shapiro '64, Alison W. Miller '76, and Geoffrey R. Stone '71. Joining the gradu­ Dean Baird and Lieberman 79 to the Committee's first session (above left). Susan ates in this discussion was Randolph N. Douglas Nancy prior Visiting Katz lecture Stone, director of the Mandel Legal Aid Steinhauser and Lance Lindblom 78 converse during the reception following the (above right). 71 John '81 Clinic. The discussion focused on changes Taking a moment between sessions, Jack Corinblit '49, James Mercer and O'Malley shore lunch in the profession and what the Law School with second-year student Mary Ellen Callahan. could do to restore the esteem in which

Commit Crimes?" which to be as constitutional law and law and eco­ law and lawyers were once held. After­ proved words, Professors Nussbaum, Richard particularly timely as the Daiwa Bank of nomics, as well as the growth of techno­ Helmholz, and Dennis Hutchinson spoke Japan was indicted later that evening. A logical resources at the Law School were an executive session with to the committee on the growth and reception followed the lecture, after discussed. After development of interdisciplinary studies at which the Committee gathered in the Dean Baird, the Committee joined the the Law School. Burton-Judson lounge for dinner. faculty for a lunch featuring a talk from

Committee mem­ one the newest At 4:00 p.m., the Weymouth Kirkland The following day, of faculty's members,

Auditorium was filled as members of the bers met with Professors Michael W. Daniel Klerman '91, assistant professor of

Randal Picker as who offered his observations on his Visiting Committee were joined by facul­ McConnell '79 and '85 law, and at the Law School since ty, staff, and students for the 1995 Wilber well as Law Librarian Judith Wright experiences join­ C. Katz lecture. This vears speaker, University Provost Geoffrey R. Stone ing last July. Professor Daniel R. Fischel '77, the Lee '71 to discuss how a changing curriculum A complete list of the members of the can be and Brena Freeman Professor of Law, can meet with the needs of a changing 1995-96 Visiting Committee The of courses such found on 52. chose as his topic "Can Corporations profession. strength page

Volume 42, Spring 1996 21 articles longer than ten pages appearing in ered by Judge Richard L. Nygaard, of the law reviews from 1988-1992. U.S. Court of for the Third U OF C PROFS Top LAW the top twenty Appeals The authors selected the reviews based on Circuit. Judge Nygaard spoke on how the _, REVIEW WRITERS o how often they are cited by other sources. law should react to criminal behavior in o of recent scientific advances and the A recent survey conducted by the light ::J: u Chicago-Kent Law School concluded that implications of genetic "predetermination." ." The next sessions a the most prolific law review writers of any morning, began law school in the country are at the Law ROUNDTABLE SYMPOSIUM panel in the Courtroom that focused on � School. The Chicago-Kent Law Review genetic technologies and their implications On The Faculty Scholarship Survey found that the January 19-20, University of for women. Among the featured panelist Roundtable its fourth were Professor Becker '80 and University of Chicago Law School had an Chicago presented Mary Mary annual "Genetics and the the assistant director of the average of 2.37 articles per faculty member symposium, Mahowald, Law: The Ethical, and Social Center Clinical Medical in the twenty leading law reviews from Legal, MacLean for of Genetic and 1988-1992. Implications Technology Ethics at the University of Chicago. Biomedical Ethics." included a of Dean Douglas Baird considered it an Physicians, public Other panels discussion health makers, lawyers, and law and honor to top the list with the most pro­ policy ethnicity genetics, prenatal testing, from across the country and ductive faculty, but was quick to point out professors gath­ the genome industry, genetic regula­ ered to discuss the of the tion. included Professor Richard to a Chicago Daily Law Bulletin reporter implications Panelists Human Genome the internation­ and Professor that it does not provide a complete picture' Project, Epstein Visiting Craig to the blocks of of the Law School. "At the end of the day, al effort map building Becker, the associate general counsel for human DNA, and its effect on law and what's important is not the sheer number the Service Employees International health of articles," he said. "What's important is policy. Union, AFL-CIO. The how we fulfill our basic mission, which is program began Friday evening, Papers presented at the Symposium 19, in the Kirkland teaching students how to live in the law." January Weymouth will be published in Volume 3, Number 2, Auditorium with a address deliv- The Roundtable. Rankings were based on the number of keynote of University of Chicago

IN PRINT

THE OXFORD HISTORY OF POETIC JUSTICE: THE PRISON THE LITERARY IMAGINATION AND AGING AND OLD Edited by PUBLIC LIFE AGE Norval Morris and David}. By Martha C. By Richard A. Rothman Nussbaum Posner

The Oxford History of Prisons is an infor­ In Poetic Justice, philosopher Martha In his new book, Judge Posner, chief mative account of the growth and devel­ Nussbaum, professor of law and ethics, judge of the U.S. Court of Appeals for opment of the prison in Western explores the importance of literatury the Seventh Circuit and senior lecturer Society, from classical times to the pre­ imagination in society. Prof. Nussbaum at the Law School, examines a wide sent day. The book explores not only the suggests that as readers of literature we range of social and political issues relat­ to the such as health complex history of the prison, but also may glimpse the interior experiences of ing elderly, care, the social world of inmates and their other people. Above all, Prof. Nussbaum crime, social security, and discrimination. keepers. Co-edited by Norval Morris, asserts that reading asks us to image the Throughout, he explores such questions Julius Kreeger Professor of Law and value of other lives. as why are old people, presumably with Criminology Emeritus, the book covers less to lose, more unwilling to take risks Hardbound. $20.00. such diverse topics as the creation and than young people? Why don't the elder­ Beacon Press, Boston. 1995. evolution of the institution in the U.S. ly in the U.S. command the respect and and Europe, as well as prison for women, affection they once did and still do else­ A PROFILE OF political imprisonment, and prison as a where? And how does aging relate to cre­ PROFESSOR NUSSBAUM, ONE OF THE subject in literature. ativity across different careers? LAW SCHOOL'S NEWEST FACULTY

Hardbound. $39.95 MEMBERS, APPEARS ON PAGE 16. Hordbound $29.95. Oxford' University Press. Oxford, England. 1995. The University of Chicago Press. Chicago. 1995.

22 THE LAW SCHOOL RECORD FROM THE ARCHIVES: THE lAW SCHOOL YELL ' � '" n :r:: o o r- z "' !

The winning teams, basking in glory and champagne.

When Arthur Vollmer '15 died in "CHICAGO LAW! men swept the intramural champi­ 'EM RAW! The men's Motion 1964, found among his papers was a pro­ EAT onships. team, HIT THE PACE! was on as the gram from the 1911 Law School Annual Denied, pegged early but a Smoker, The Smoker, a dinner held WIN THE CASE! league's underdogs fought highly­ LAW! LAW!" season to win the their once a year in a fashion not unlike a LAW! charged champi­ title. The women's team-with roast, was an evening of fine wine, witty onship discovered the unsuitable name of speeches, and-one would assume-a A side note: your editor Apathy-beat their rivals to the lot of cigars and cigarettes burned to this passage before the start of this year's cross-Midway grab and shared it women's title. The Maroon many a nub, intramural sports program Chicago As reported in the December 4, with several current students and faculty named team members Genita Robinson of the 1964, edition of the Law School's stu­ members who, in turn, expressed a desire '96 the Offensive Player Year, '97 the Defensive dent newspaper, The Reporter, Mr. to utilize this yell during the upcoming Jessica Hough Player season. Of of the and coaches Sharon Vollmer's souvenir program of that men's and women's football Year, aware that Williamson '96 and Zahorick '96 particular Smoker contained many of course, your editor is rallying Kathy as Coaches of the Year. the various evening's events, including cries alone, no matter how enthusiastic, or not Vollmer's had the chanting of the semi-official "Law do not translate into victorious athletic Whether Mr. yell to do with the unheard of dou­ School Yell." The Reporter records the seasons. However, he is pleased to report anything Law School's women and ble victories is to the reader to decide. yell as follows: that both the up

Committee for Civil Rights Under Law. Chang '97-advanced to the semifinals at STUDENT NEWS Established in 1989, the fellowship the Jessup Moot Court Competition. This enables each student to spend two years is the best showing for a team from the FELLOWSHIPS AWARDED working in the public interest sector, Law School at the national event which Two third-year students from the Law without defaulting on student loans. argues points of international law in front an This School were selected by the international Skadden Arps receives hundreds of appli­ of international tribunal. year, law firm of Skadden, Arps, Slate, Meagher cations for the program but limits the the topic dealt with a state's right to database and & Flom as recipients of the 1996 Skadden number of recipients to twenty-five. retrieve a stolen military Fellowship, one of the most prestigious extradite the alleged terrorists responsible awards in public interest law. Marni for the crime. Willenson and Ines Monte joined twen­ During the same weekend, the BLSA ty-three other academically outstanding MOOT COURT TEAMS Moot Court Competition held at the law school graduates and judicial clerks BLSA Midwest Regional Conference in teams receiving funds for full-time work at legal On February 11, two moot court St. Louis. Law School team members Elisa met with suc­ and advocacy organizations. Monte will from the Law School great Davis '97 and Dean Calloway '96 tied for cess at their The a more com­ journey to Dodgeville, Wisconsin, to respective competitions. best brief in field of than fifty work with Western Wisconsin Legal international law moot court team­ petitors. The topic of discussion was affir­ Services while Willenson remains in Dario Nolasco '97, Alan Schafer '98, and mative action.

Kim Gross '97 and Victor success teams is attributed Chicago at the Chicago Lawyers' Joe '97, Jenny The of both Volume 42, Spring 1996 23 � ENTER 1&1 LAWYERS ON THE LAM: LAW STUDENTS CHICAGO MARATHON Z

... o o :J: u '" �

As if the study of law itself wasn't gruel­ "respectable time." Pictured above, from your classmates there with you." Each one of the team all" ing enough, six Law Students found time left to right, are: Molly Stadum '97 members, veterans of to squeeze in rigorous training to partici­ (3:47), Glen Donath '96 (3:55), Maren previous marathons, the desire to continue the pate in the annual Chicago Marathon Lee '96 (3:44), Clint Riley '96 (3:44), expressed in the future. Graduates of the on October 15. Sporting t-shirts that dis­ and Kelly Duffield '97 (4:08). Not pic­ practice Law School are invited to with played an uniquely University of tured is Katherine Moir '96 (4: 16), who join Team Law School as race in next Chicago slant to the event ("Law School ran the race with her father. they

= Marathon Law Marathon Team/Faster Finish More "It was great to have an organized year's Chicago (the School even will the team Time To Study"), the students ran in team this year, especially at the starting provide nifty For more groups of two and three through the line where there is a lot of tension," said t-shirts). information, please contact Assistant Dean Davis at streets of Chicago to the finish line in­ Lee, who had run the course before in Holly the Alumni 702-9628. as one participant referred to it as- 1994. "It helped to look over and see Office, 312/

to the increased attention given to the year law student Marta Lowe, the events by students and faculty alike. Auction raised $15,875 for The "Because our Hinton moot court program Woodlawn Organization, a local public is so successful, students and faculty service group that assists over 17,000 indi­ members have traditionally devoted their viduals a year on the south side of efforts in that direction," said Dean of Chicago with job training and placement Student Affairs Ellen M. Cosgrove '9l. programs, counseling, education, and "I was impressed with the level of dedica­ medical support. tion shown by the students to prepare for New categories joined old favorites on these competitions." the docket and eager buyers enthusiasti­ cally sought them out. Items ranged from Jerry Springer Show tickets to a bowtie (with tying lessons) from Senator Paul CHARITY AUCTION Simon, from Chicago Bulls tickets to lunch at the White House with Professor On Friday, 26, the fifth annual January Elena Kagan. The big ticket item this year Auction the Law School Charity provided was an evening of wine tasting with with two of life's few certainties: A) that Professor Joseph lsenbergh which went Professor Richard is as skilled and Epstein for an remarkable $1,550. (For those keep­ an auctioneer as he is a entertaining ing score: perennial favorite "An teacher; and B) the Auction is one of the Afternoon With Professor Cass Sunstein's For the fifth year in a row, Professor Richard most events for the entire Law popular Dog Bear" was on the block, of course, Epstein displays his incomparable talents as auc­ School third- community. Organized by and went for $80.) tioneer at the lSA's annual Charity Auction.

24 THE LAW SCHOOL RECORD i SPEAKERS CORNER '" n ::r:: o o r- Z m �

... ecent speakers at the Law School II have included:

Ann Coulter The legal counsel to Senator Spencer Abraham (R-MI) spoke on the Terrorism Bill before Congress and how Republicans and Democrats have switched views on the issue.

2 Edward McNally

A partner at the Chicago firm Altheimer and Gray and former speech writer of President George Bush, Mr. McNally spoke on careers in politics.

3 Beniamin Wolf The director of the Institutionalized Persons Project of the American Civil Liberties Union of Illinois, spoke on the death penalty.

4 Elmer Gertz '30

The famed attorney spoke on the highlights of his illustrious career, including his views on clients such as author Henry Miller and murderer Nathan Leopold.

5 Nancy Polikoff The professor of law at the American University Law School spoke on cur­ rent legal issues facing lesbian and gay families. Volume 42, Spring 1996 25 ; ALUMNI NEWS III z

- z I

::::. CHICAGO BRECKINRIDGE DINNER .. THE

C Loop LUNCHEONS second Sophonisba Breckinridge Luncheon series on The fall Loop began Dinner was held on Thursday, January 18, with a talk on the Tuesday, October 17 Theat Chicago's Stouffer Riviere Hotel. Supreme Court and recent decisions Named in honor of the Law School's first Michael McConnell involving religion. woman graduate and member of the Class of '04, '79, the William B. Graham Professor of the Breckinridge Dinner celebrates the school's Law and nationally recognized expert in long history of women graduates and students. Amendment and free­ First rights religious Nearly 200 women students and graduates doms, was the speaker. In his address, attended the event which featured as its guest entitled "The Supreme Court and speaker the Honorable Diane P. Wood, Religion: Has the 'Wall Come A­ judge of the U.S. Court of Appeals for the Crumbling Down?'," Prof. McConnell dis­ Seventh Circuit and senior lecturer at the cussed of v. Rector and Lillian aspects Rosenberger Law School. When weather forced Judge Diane Wood the Visitors of the University of Virginia, Kraemer '64 to cancel plans to preside over case for which he successfully represented the dinner, Professor Tracey Meares '91 stepped in and introduced her colleague the Court. the plaintiffs before Supreme Judge Wood whose address was entitled "The Many Faces of Women Lawyers." The Court reversed an earlier Appellate Other members of the faculty and administration in attendance were Professors Court decision that a Christian student Mary Becker '80 and Elizabeth Garrett, and Assistant Deans Ellen M. newspaper was not eligible to receive Cosgrove '91, Roberta Evans '60, and Holly Davis '76. of law funding from the University Virginia. The evening was sponsored in part by generous donations made by the The Honorable Harry Leinen, firms of Altheimer & Gray and Kirkland & Ellis. weber '62 was the guest speaker for the second Loop Luncheon of the field were at the Alhadeff & Sitterson and of the fall season. A district judge for the the teaching present president U.s. District Court for the Northern event held at the Hilton Hotel Palacio del Miami chapter. Geoffrey R. Stone '71, and District of Illinois, Judge Leinen­ Rio. Professors Mary Becker '80, Richard provost of the University of Chicago Michael former dean of the Law was the weber has served on the bench since Epstein, Mark Heyrman '77, School,

1985 and has received numerous McConnell '79, Gary Palm '67, and afternoon's guest speaker. awards for legislative services. The Randall Schmidt '79, as well as Assistant and Ellen M. NEW YORK CITY topic of his November 14 talk was Deans Roberta Evans '61 "Separation of Powers." Cosgrove '91 were in attendance. Lillian E. Kraemer '64 was the host of a Loop Luncheons are held throughout BOSTON luncheon at the offices of her the academic year at the Illinois State Bar firm, Simpson Association offices, Two First National Thacher & Bartlett, November 30. She Plaza, 20 South Clark Street, Suite 900. The On November 30, graduates gathered at introduced the afternoon's speaker, Daniel Organizing Committee, chaired by Milton the offices of Fidelity Investments for a R. Fischel '77, the Lee and Brena Freeman hosted M. Professor of Law and Business at the Law Levenfeld '50, invites you to attend future luncheon graciously by John of the Boston School and author of the luncheons. New graduates may attend their Kimpel '74, president chap­ recently published attendance the The to first luncheon as guests of the Alumni ter. Those in enjoyed book, Payback: Conspiracy Destroy meet Michael Milken and His Financial Revolution. Association. For more information on the opportunity to listen and guest G. Baird was also attended luncheons, please call Holly Davis at speaker Richard Ross, assistant professor Dean Douglas 312/702-9628. of law and American legal history scholar, and spoke informally with graduates. as well as Assistant Dean Greg Wolcott. AALS PORTLAND MIAMI

Dean Baird was the at a lun­ The Law School sponsored a reception at guest speaker on November 15 held at the the annual meeting of the Association of Graduates from the Miami chapter gath­ cheon held & American Law Schools in San Antonio ered at the Bankers Club on February 16 offices of Ater Wynne Hewitt Dodson Alison Miller Skerrit and hosted Mark Turner '86. for graduates and friend on Thursday, for a luncheon hosted by by of the January 4, 1996. Over sixty graduates in '76 of Stearns, Weaver, Miller, Weissler, Thomas A. Balmer '77, president

26 THE LAW SCHOOL RECORD 3> MENTORING PROGRAM ,... C � An evening of light hors d'oeuvres on � the Tuesday, October 24, signaled begin­ "THE m of a new academic for Law < ning year III School students and their mentors. The Z .... annual Mentoring Cocktail Party, pre­ en sented this year at Chicago's Yvette TIME Wintergarden, provided an excellent opportunity for mentoring pairs to meet. The Law School's Mentoring HA Program was founded in 1992 by three students in the Class of 1995 and for

many law students it has proven to be a valuable Student C experience. participants

obtain career counsel and advice from

their mentors. The program's success can be measured by the fact that in the four years since its inception, nearly two hun­ dred women students have participated.

If you are interested in becoming involved with the Law School's mentor­

ing program, please contact the Alumni

Office. Provide your name, class year, address, firm or business name, phone number (work or home) and area of expertise. The Law School will match you with a student with a similar inter­ est. It is a wonderful chance to help a

young law student and have fun at the is more than to lose track of an old friend. We same time. Send your information to: disheartening know it is very important to you to keep in touch with fellow graduates formed school as sources The Law School Alumni Office Nothingto preserve the camaraderie during days past, or to "talk of This is one The University of Chicago Law School for referrals and networking, just many things." reas�:m five Scheduled for JJ JJ East 60th Street why the Law School updates its Alumni Directory every years. new of Law School Alumni Chicago! IL 60637 release in summer 1997, the University Chicago Directory will be the most complete yet. In addition to the data graduates have found useful in the past-names, home and business addresses, phone numbers, Portland Chapter of the Alumni and academic data-the new directory will keep abreast of the great changes in fax numbers. Association, and twenty area graduates the telecommunication world by including e-mail addresses and will and were on hand to hear Dean Baird bring All the information in the directory be researched compiled by will obtained them up to date about events at the Law the Harris Publishing Company and be through questionnaires school. Currently, sixty-eight graduates sent to all graduates, followed by telephone verification. Your co-operation in ensure in the d reside in the Portland area. responding to the questiorina ires will accuracy irecrorv. (Incidentally, if you do not wish to be listed in. the directory, please contact the SEATTLE Law School Alumni Office, in writing, as soon as possible.) All Law School graduates will have the opportunity to order the directory Distribution the final A luncheon held on September 14 was the when their information is verified by phone. of classic, occasion for Dean Baird to address the library-quality bound edition will be limited to Law School alumni. Seattle Chapter of the Alumni Association. Look for details on the project in future issues. 1 Twenty graduates and friends gathered at the offices of Perkins Coie to meet greet the

) areas of secured Dean and speak with Chapter President Gail cheon held held on October 12. Kenneth Picker, who teaches in the Runnfeldt '79. Dean Baird spoke informally L. Adams '70, of Dickstein, Shapiro & transactions, bankruptcy, and environ­ Dean about the current state of the Law School. Morin, graciously provided a room at the mental law, is co-author with firm's Kaufman Conference Center. Douglas G. Baird of Game Theory and the WASHINGTON, D.C. Edward W. Warren '69, president of the Law. His address focused on topics dis­ Washington D.C. chapter, was in atten­ cussed in the book and how game theory Alumni and friends residing in the D.C. dance to welcome Prof. Picker to the is used increasingly by the government. Picker's co-author Dean Baird was area welcomed Randal C. Picker '85, pro­ nation's capital and introduce him to the Prof. fessor of law and associate dean, at a lun- nearly sixty gathered that afternoon. Prof. present as well.

Volume 42, Spring 1996 27 Class Notes Section – REDACTED for issues of privacy

'" 1&1 invitation and see for myself. Bob Bork NAPIL HONORS MIKVA -s 1 o (we do claim him, even if it's on a sharing I Z basis) who also has a few ideas on how the '" Beltway really works, will be invited to '" the Reunion and I he comes. s hope Over the I've had a number of u years, calls, lots of notes, and many letters, some quite long and all interesting. The most unexpected letter I've received in many, many years came from the only female who actually graduated from this distinguished class. She's ducked virtually all the Reunions but I wanted to share with you what she wrote, on official stationery, naturally:

"Dear Chuck:

Thank you for your note about our Law School Class Reunion scheduled for May 10th, Friday. Given the erratic behavior of . our Republican House leadership, I have no idea what our floor schedule will be on May 10th, but I would like to attend. With the full faith and credit of the United States in jeop­ ardy because the public debt limit has been reached and a default expected unless the limit is extended, the House went on recess February 2 to February 26! And besides they shut down the government for 26 days! I have Abner Mikva (left) receiving his oword from Stone '71. no idea what this crowd will have jJlanned for Geoffrey week 10th! we are the ending May If Friday, October 20, the Notional Association for Public Interest low (NAPll) recognized Abner released, I'll come! As soon as a schedule is Mikva as on Outstanding Public Interest Advocate of the Year. Citing his long public service pronounced, I'll let you know if we can Oncareer, the NAPll commended Judge Mikva for being 110 strong supporter of abortion rights, an attend. Sorry I can't be more specific. early advocate of gun control and, in 1993, ruling that the armed forces may not discriminate against people because of their sexual orientation." In their presentation of the honoree to the 500 NAPll patrons and friends Very truly your, ot the awards dinner, Ralph Neas '71 of Fox, Bennett & Turner, and Geoffrey R. Stone '71, provost of the sis Patsy T. Mink University of Chicago, lauded the former appellate judge for his lifelong commiffement to the causes of justice. Member of Congress" Stone noted," Through it all, Ab has brought a rare intelligence, wisdom, integrity, decency and generosity of spirit to all he has done and to all the lives he has touched. He is, indeed, the exemplar of the public citizen." What a group we have! I'll treasure this Founded in 1986 low the NAPll is a notional coalition of 135 law student organizations forever, and Patsy, I certainly hope those by students, on their campuses to and create opportunities for the next generation of public ser­ Draconian Republican Grinches, trying to working respective inspire vice The NAPll holds the annual awards dinner to recognize not only prominent and inspiring steal your Christmas, or at least your gov­ lawyers. but also honors low students who have service interest intern­ ernment, liberate you. We've missed you, lawyers, performed outstonding during public and you'll be the Queen of this Reunion, if ships sponsored by a NAPIL stipend. you show up. The Committee will give you three minutes (no yielding) to tell us any­ a talented and lawyer, duty any day of the year. The climate you want, sharing your photographer thing including 0 retired last and is averages around 72 all year. Howie and warm feelings for Bob, Phil, Dick, Newt, year studying photogra­ have five and and all those other fans. phy. He and spouse Lennie will be travel­ Mary grandchildren holding He Ab and Zoe when never know about that Howie), with Paul Allison keeps in touch a lot, mail, ing. enjoyed seeing (you Ab was in their (the one with two in the vicinity. That's always a big calls, and more. Nothing new is going on Washington the ocean and to to the when your children live in the same with him, but he'll be in Chicago with us. mountains) speak plus at Al with and when His children and grandchildren, all have County Bar their annual dinner. city you especially they introduced him. He's moved and note this have children, as long as they don't want interesting experiences, so ask him. Al new address: 3874 W. Mercer to borrow sums long term, use your Fross and Phyllis will be on a trip to the Way, large Mercer WA 98040. car for a month or ask you to baby-sit for Middle East and can't come, with regrets. Island, to make the three weeks. I case settles Al Dropkin had grandson #8 (Bravol ) and Howie Adler hopes hope your committed but he because I want to see you. would like to come but not on a Friday. Reunion, (he early), has a trial 14th. If it settles, Elliot Epstein sent me a terrific letter. OK, AI, come to the Annual Dinner. starting May he'll be with and if not he's sentenced I remember his father. He was a distin­ That's on Thursday the day before, so we'll us, to six weeks in San which is guished judge with a great courtroom expect to see you. Al Ziontz, who is really Diego, tough

30 THE LAW SCHOOL RECORD For those tuned into the information high� TLI Systems, Inc., an ADR and environ­ CLASS OF way, my e-rnai l address is mental consulting firm. Henry's practice [email protected]. I am exploring legal and focuses on environmental, health, and Don't to non-legal career opportunities and would forget safety management, he has also been enjoy hearing from our classmates. Having • 25th. mark your calen­ involved with the development of the the time to maintain contacts and rela­ dar for May 9-11, International Standards (ISO 14000), and is a that I am to REUNION is on the editorial board of The tionships luxury learning 1996, for the Journal of Total Environmental enjoy." 25th Reunion of Quality Management. MAY 1996 George Big Eagle writes that he was 9-11, the Closs of '71 ! instrumental in "breaking" the striprnin­ CLASS OF ing leases that certain companies had Class Correspondent obtained on the Northern Cheyenne Karen On September Kaplowitz Indian Reservation in southeast/central 22, David A. Alschuler, Grossman & Pines Montana. 2049 Park East, 39th Floor Lander, a partner Century Larry Corneck's business address has Los California 90067�3213 at Thompson & Angeles, changed to: 750 Lexington Avenue, 25th Mitchell in St. Floor, New York, NY 10022; telephone: Balikov has become a director at Louis, received Henry 212-754�2233; fax: 212-754�23n. the Michael R. Roser Excellence in Bankruptcy GRADUATES GATHER FOR LECTURE PROGRAM Practice Award during the annual meeting of the David A. Lander Missouri Bar in Springfield. The award is presented annu­ ally to an individual who "manifests the highest standard of excellence in bank­ ruptcy practice, who has contributed dis­ tinctly to development and appreciation of bankruptcy law, and/or who has made an outstanding contribution in the field of bankruptcy administration or practice." Lander was honored for his twenty-six years of specializing in business bankruptcy and corporate restructurings for financial institutions and small business clients. He is a nationally recognized expert in the agribusiness industry and has worked with the Uniform Commissioners on State Laws to revise and improve the Uniform Commercial Code. series ollhe John Morsllolll

Volume 42, Spring 1996 37 n s FOUR GRADUATES NAMED Top YOUNG LAWYERS '" '" z 9 "' '"

David Bernick '78 Donald Bernstein '78 Robert Gunderson, Jr. '79 Emily Nicklin '77

conducting weeks of research, which included a team of fourteen rently serves as the chair of the city bar association's committee on bankruptcy. editors and reporters who interviewed hundreds of leading lawyers, With on array of start-ups in the Silicon Valley under his belt, such as ArcSys, Aftermanaging partners, and clients, the December issue of The American Inc., legato Systems, Inc., and Remedy Corporation, Robert Gunderson, Jr., in more than in Lawyer listed the forty-five young lawyers making/their marks today and with the '79 represented issuers initial public offerings any other lawyer promise of leading the profession tomorrow ("Young," a subjective term at best, 1985. His clients also include investors Mohr, Davidow Ventures, and Technology being defined by The American Lawyer as under the age of forty-five). Though it Venture Investors, and underwriters such as Morgan Stanley & Co. Incorporated, American should come as no surprise that four of the chosen are graduates of the law School, Alex. Brown & Sons, Incorporated, and Montgomery Securities. The it is interesting to note that they would have all been enrolled as full-time students Lawyer cites the fierce loyalty he receives from high-power CEOs. Recently, he and during the 1976-77 academic year. seventeen partners and associates founded Gunderson Deitmer Strough Villeneuve David Bernick '78, of Chicago's Kirkland & Ellis, was cited for, among other Franklin & Hachigian in Palo Alto, California. things, his work as Dow Corning's notional trial counsel during the breast implant The article also quotes one client describing Emily Nicklin '77 as lion product liability suits. Bernick has made it his specialty in, as the IT)�gazine notes absolute bulldog" of a trial lawyer, a reputation that is easily understood because II defending companies in technical, high-risk product liability and mass tort litiga­ of her affinity for taking on litigation at short notice. IIWhat I liked best," the arti­ tion, mastering the scientific intricacies of pesticides, and nuclear weapons manu­ cle quotes her as saying, "was someone saying on Friday afternoon, "The trial " facturing. His name is attached to such high-profile litigation as the defense of begins on Monday.' last spring, Nicklin, became the first woman to be elected to operators at the Hanford Nuclear Reservation and the Rocky Flats Nuclear Weapons management committee of Kirkland & Ellis, and is responsible for S2 million in Plant, and of Brown & Williamson Tobacco Corporation in suits brought by states yearly billings. Her reputation for tenacity prompted Dow Chemical Company to her as one of the trial the of seeking recovery of medical costs due to smoking." top company's key lawyers defending onslaught The American Lawyer described Donald Bernstein '78 as lithe consummate breast implant cases. bankruptcy lawyer." A partner at the New York firm of Davis Polk & Wardell, In all, The American Lawyer sought lawyers who "made a name for them­ Bernstein is renown for his work in "mege-rases" for such clients as Johns selves as the person that clients wanted on their teem," they write. IIWe sought Manville Corporation and lTV Corporation, Drexel, R. H. Macy & Co., and, Dow people who had earned the respect-however grudging-of their peers, who Corning Corporation. He also made a significant public policy contribution with his had an impressive client following, who were already generating significant work in advising Congress on revisions to the Bankruptcy Code in 1994. He cur- business for their firms, and who had demonstrated leadership within the firm."

Lisa is Treatment of Animals). Danny is a pro­ rush. My request for news for this column telecommunications law for Nynex.

a not counsel for a medical grammer for a managed healthcare soft­ brought respectable response, but general products Haemonetics. The ware company. the flood that I have gotten after previous manufacturer, family requests. I figure those of you who didn't lives in a large, sprawling Victorian house respond are saving your cards for the next which generates "never-ending" construc­ OF CLASS column. No need to wait-send them on tion projects. Laura Ginger is now a in now. tenured professor teaching business law at Class Correspondent Adam Brown and his wife, Gigi, wel­ Indiana University. Laura took a cruise to Joanne Schreiner comed their new daughter, Rachel Sara Italy and Greece last summer. Dinsmore & Stohl Beth Brown, on February 7, 1995. She Joe Markowitz continues to practice own in Los The 1900 Chemed Center joins her brother Jacob, age two. Victor with his firm Angeles. 255 East Fifth Street Del Vecchio is living in Boston with his firm is now known as Markowitz, Cincinnati, Ohio 45202-3172 wife, Lisa Lopez, and his three "(usually) Fernandez and Uriarte. Kathryn Matkov her have the great" kids, Alexis, age twelve, Nick, age and husband, George, spent last two their exotic travel It must have been lost in the year-end ten, and Dana, age three. Vic practices years feeding

Volume 42, Spring 1996 39 n who is now three-and-a­ big brother, Jake, s AND LYNN CHU '82 half-years-old. Tom Kivlahan sent an CIt BOOKS, GINGRICH, CIt announcement reporting the renaming of his firm, Drost & Kivlahan, Ltd. The firm z in the world of has centered on Chu. As one of the founders of the New publishing recently Lynn practices in the areas of corporate law, 9 York-based Writers' other founder her Glen m literary agency Representatives (the being husband, estate planning, probate, real estate, inter­ CIt TalkHartley), (hu is the power-house agent responsible for Newt Gingrich's S 4.5 million advance from national law, and litigation, and is located Harper(ollins for producing two books. (hu initially sought out Gingrich when she learned from a friend that in Arlington Heights, Illinois. Shawn the House Speaker was actively seeking representation. In spite of the fact that Harper(ollins already Collins continues to run a four-lawyer liti­ announced its plan to publish Gingrich's To Renew America for S 2 million advance, (hu continued to broker gation shop called The Collins Law Firm the book around. The resulting bidding war eventually won Gingrich an extra S 2.5 million. It is the biggest in Naperville, Illinois. Shawn and his wife deal yet for the firm that also has successfully represented David Brock for The Real Anita Hill Harold Bloom Meg live in Naperville with their fifteen­ for The Western Canon, and Sherwin Nuland for How We Die. month old baby, Caitlin Rose. Writer's Representatives may shift gears soon and focus on other areas of interest, rather than politics GOVERNMENT GROUPIES ... continues to love his as a alone. After all, as (hu told Forbes magazine, "I think people are geffing sick of politics. I know I am." Peter Krupp job federal public defender. Peter reports that during each of the federal furloughs the defenders were declared bankrobbers and dope dealers as an assis­ Carrie's women's flag football team won federal public Peter to "Who tant U.S. attorney, she recently returned the national championship. Apparently, "essential," leaving wonder, the Sixth Amendment is a dead let­ to private practice in San Diego as a part­ Carrie decided to exercise her free agency says cham­ ter?" Peter and his wife Vicki have three ner in the law firm Hovey, Kirby, and abandon the Law School's '86 two­ Thornton & Hahn. Last summer, Janie pionship women's intramural football kids, Aaron, four-and-a-halt, Ben, and almost a won a $20 million jury verdict for her team. Mike Rissman continues to practice and-a-half, JoAnna, year. Peter continues to commute to Boston client, a local hotel businesswoman, who at Mayer, Brown & Platt, where he spe­ by and train with Tom Hefferon. Wonder if had been sued by her partner. The verdict cializes in environmental law. Mike they are the would to submit a of their was the largest in the history of the local his wife, Marguerite Iorio, proud agree transcript conversations for the next edi­ courthouse, and, as a result, Janie has been parents of Joseph 1. Rissman, born July 12, commuting nominated for San Diego trial lawyer of 1995. David Myers writes that his firm, tion of the Class Notes? Paul Rosenzweig is to six continues in his for the the year. Unfortunately, Janie reports, she Byrd & Myers, growing attorneys job Republicans a on Hill. Paul is a bit will not be retiring to Europe anytime in June, 1996. David will be arguing Capitol fretting case in the as he he needs a soon since the developer defendant church property dispute because, says, Republican recently declared bankruptcy and she Georgia Supreme Court this March. David victory in November to keep his job. are fourth that'll teach him. Paul heads anticipates it will be a long, slow road to and his wife expecting their Maybe up He that older the list of those least to be seen at recovery. Janie remains happily married to child in September. reports likely David Hahn '85, and they recently bought brothers Michael (six) and Samuel (three­ the Democratic Convention.

are but that BUSINESS BARONS .. Steve a new home two blocks from the ocean. and-a-half) excited, younger " Bet she wishes she had taken admiralty sister Sarah (twenty months) is oblivious. Salzer is still managing two manufacturing law. Bruce Mason reports that, as of Brian Sims has opened his own practice in operations in Elkhart County, Indiana. He January 1996, he formed a partnership Oakland, California, focusing on plaintiffs' reports not missing the law. His son Jake is called Mason & Wenk, Ltd., specializing employment discrimination. Brian married now two-and-a-half, and his daughter in commercial real estate and corporate Lisa Carvalho is 1992 and has two chil­ Corey is one year old. Cloyd Laporte has transactions. Bruce lives in Highland Park, dren, Lela, nine, and Steven, seven. Brian moved from Dallas, Texas, to the New Illinois with his wife Terri and their chil­ also reports that Dave Cohen and his wife, York area, where he is now working for communi­ dren, Rachel, age six, and Eric, age three. Diedre, moved to the Bay area last fall. Counsel Connect, the on-line Josh Pickus'reports that life is good. Josh Their first child, Julia, was born last cations and information service for is happily married to Carey Linkon, who is November. In January 1996, Bryan lawyers. Last November, Cloyd and his new arrival now a mediator. He continues to practice Anderson was promoted to equity partner wife welcomed their Michael, with James Brock at the Venture Law at Hopkins & Sutter in Chicago. Bryan's who joins his eighteen-month older broth­ Group in the Silicon Valley. Steve practice focuses on electric utility regula­ er George. Cloyd and his family live in Kate Poverman has Poplawski became a partner at Bryan tion litigation and counseling. He is a sec­ Darien, Connecticut. Cave in St. Louis, where he specializes in end-term village trustee in LaGrange, and decided to join the other business barons. environmental law. Steve's wife Carrie reports that he is coping with tax caps and She left the SEC and is now a compliance a Boston Costantin is head of a unit at the St. Louis opposing proposed sludge pits and garbage attorney with Eaton Vance, Kate is County Prosecutor's Office that prosecutes incinerators on the village's borders. investment company. working sexual assault, domestic violence, and Bryan's expertise certainly qualifies him to three days a week, which she says is ideal. that better child abuse. Meanwhile, Steve and Carrie take out the garbage at the Reunion. Amy Can't imagine why she likes as a than work weeks. Her husband report that twins, Katie and Becky, now Levin Ragen continues to work part­ seven-day in has finished his four-years-old, continue to r�n the show. ner at Davis, Wright, Tremaine Seattle, Raphael finally fellowship and and is now an thoracic They are now answering only to "Princess practicing in the areas of business attending surgeon & Women's in Jasmine" and "Pocahontas." And most telecommunications. Joshua Brooks Ragen at the Brigham Hospital Boston. and now importantly, for the second year in a row, was born on November 4, 1994, joining Kate, Raphael Gabrielle,

Volume 42, Spring 1996 41 IN MEMORIAM The Law School Record notes with regret the deaths of:

' The Honorable Hubert L. Will '37 Joseph E. Green 31

Hubert L. Will '37, the respected senior U.S. District Court Retired attorney Joseph E. Green '31, died on July 8, 1995, at judge and long-time friend of the Law School, died December 9, his Paradise Valley, Arizona, home. Mr. Green was born on in Iowa. the Law 1995, at his resort home in Oconomowoc, Wisconsin. He served June IS, 1908, Spencer, Before entering in on the federal bench in the Northern District of Illinois since School, he received his B.S. 1928 from Georgetown He from the Law School as a member of 1961 when he was appointed by President Kennedy. He assumed University. graduated senior status in 1979. the Order of the Coif, having served as an editor for the Law

Review. Mr. Green retained a solo in for sever­ Judge Will settled thousands of cases during his long distin­ practice Chicago al before his home in Arizona. guished career and earned universal praise for his passion and skill years making permanent his he retained fond memories of the Law as a juror. Among his most celebrated cases were the In re Folding Throughout life, of Prof. Ernst W. who once Carton anti-trust class action litigation which resulted in a $220 School, especially Puttkammer, revealed in a letter that he Mr. Green the million settlement in the 1980s, and the wrongful-death cases gave highest grade ever him in criminal generated from the 1979 American Airlines crash at Chicago's given by procedure. O'Hare Airport. He remained active on the bench as recently as 1923 Miles Jaffe last August, when he issued a written opinion in a broadcast­ Livingston Hall February 3, 1996 rights dispute between the Chicago Bulls and the National November 18, 1995 Basketball Association. 1956 In Will several innovative adminis­ addition, Judge pioneered 1933 Marvin E. Pollock trative now considered standard in courts procedures practice Leonard Cohen October 9, 1995 throughout the country, such as the establishment of a final pre­ October 30, 1995 trial order and the use of bifurcated trials for liability and damages. 1958 Will was born in Milwaukee and received his bachelor's Judge 1936 James E. Beaver from the of in 1935 before the degree University Chicago entering Arno C. Becht February 16, 1996 Law School. After graduation he moved to Washington, D.C., A. Conrad Olson June I, 1995 where he joined the general counsel's staff at the U.S. Securities November 26, 1994 and Commission. Will was chief of the Exchange Judge appointed 1937 counter branch of the Theater of 1959 espionage European Operations, Richard McPartlin Office of Strategic Services during World War II, during which he A. Hale November 16, 1995 Lloyd was promoted to captain and awarded a Bronze Star for his work September 19, 1995 in Nazi He was at the libera­ capturing espionage agents. present 1938 tion of several concentration at the wars end, a 1960 camps sobering Walter F. Berdal experience he never forgot. Edward E. Yalowitz September 21, 1995 After the war, Judge Will joined the Chicago law firm of Pope November 23, 1995 & Ballard. In he Nelson, Boodell & Will, where he 1949, joined 1939 worked until his In 1981, he found 1963 judicial appointment. helped William A. Runyan Rex Lee the Federal Judges Association and served as chairman of its September 24, 1995 Senior Judges Advisory Board. March 11, 1996 In 1991, Will was the Edward Devitt Judge presented J. 1948 1967 Distinguished Service to Justice Award, an honor bestowed by Claude E. Whitaker Mrizek judges throughout the country to the nation's outstanding jurists. Jerry J. Novemebr 29, 1995 1996 He also was awarded the Clarence Darrow Humanitarian Award January 12, in 1969 and received honorary degrees from the John Marshall 1949 1976 Law School in Chicago in 1973 and the University of Illinois at Charles Kralovec Rupert A. Simpson Chicago in 1994. December 24, 1995 November 22, 1995 In recognition of his distinguished legal career, the Hubert L. Will Fund for Clinical Education has been established Legal by 1950 1980 his family and friends. The fund will be used to support the work Marion W. Garnett Andrea Sykes Foote of students in the Law School's Mandel Legal Aid Clinic. Novemebr 9, 1995 November 3, 1995

Volume 42, Spring 1996 Sl THE UNIVERSITY OF CHICAGO LAW SCHOOL THE 1995 VISITING COMMITTEE

CHAIR 1995�96 TERMS EXPIRING 1996�97 TERMS EXPIRING 1997 �98 Mitchell S. Shapiro, '64 The Honorable Richard S. Arnold Jack Alex '57, Shapiro, Posell, Rosenfield & Close Chief Judge, U.S. Court of Appeals, Alex & Brinkis Eighth Circuit Donald S. Bernstein '78, TERMS EXPIRING 1995�96 Virginia L. Aronson '75, Davis Polk & Wardwell Stephen Chapman, Sidley & Austin Frank Cicero Jr. '65, Chicago Tribune The Honorable Marvin E. Aspen, Kirkland & Ellis

The Honorable David H. ames Coar, U.S.. District Court, J Crown, U.S. Bankruptcy Court Northern District of Illinois Henry Crown & Company John M. Coleman '78, Karl M. Becker '68 Robert E. Don '62, Campbell Soup Company Stephen C. Curley '69, Edward Don & Company Jack Corinblit '49, Haythe & Curley The Honorable David M. Evans '61, Corinblit & Seltzer Daniel L. Doctoroff '84, Circuit Judge, The Crown, B. Emerson John '78, Oak Hill Partners, Inc. United Kingdom Presidential Personnel Office Charles L. Edwards '65, Raymond G. Feldman '45, Harold L. Henderson '64 Rudnick & Wolfe Feldman, Hall, Franden, Woodard Karsten Marilyn The Honorable Cynthia Holcomb Hall, & Farris The Honorable Timothy Lewis, U.S. Circuit Court of Appeals, Thomas A. Gottschalk '67, U.S. Court of Appeals, Ninth Circuit General Motors Corporation Third Circuit, William M. Hardin '82, Philip G. Hampton II '80, Deborah Leff '77, Meyer Hendricks Victor Osborn & U.S. Patent and Trademark Office The Joyce Foundation Maledon Philip L. Harris '83, Nancy A. Lieberman '79, Ricki Tigert Helfer '76, Kirkland & Ellis Skadden Arps Slate Meagher Federal Insurance Leland E. Hutchinson '73, &Flom Deposit Corporation Winston & Strawn David S. Logan '41, Seymour M. Hersh Mary Ellen Kazimer '85, Mercury Investments Arthur O. Kane '39, Madison & Sutro Thomas L. Newman, Pillsbury Kane, and Ltd. Daniel P. Kearney '65, Thomas L. Newman, Esquire Doy Harrington, Lawrence Liu '82, Aetna Life Insurance & John M. O'Malley '81, Shea-Liang Annuity Lee & Li The Honorable David F. Levi, Cook County (IL) State's Attorney Laurel McKee U.S. District Court, James G. Reynolds '68, J. '64, AT&T Eastern District of California Portland Food Products Company Lance E. Lindblom Richard M. Rieser, Jr. '68, Philip R. McKnight '68, '78, Oak Brook Bank The Hotchkiss School Ford Committee The Honorable Ilana Rovner, John A. Morris '49, James W. Mercer '71, U.S. Court of Appeals, Alfredo R. Perez '80, Hennigan Mercer & Bennett Seventh Circuit Bracewell & Patterson Alison W. Miller '76, Leslie A. Shad '85, The Honorable Lee H. Rosenthal '77, Stearns, Weaver, Miller, Weissler, CARE U.S. District Court Alhadeff & Sitterson Susan Steinhauser Southern Distri�t of Texas Jeanne L. Nowaczewski '84, Laurence N. Strenger '68, Thomas J. Scorza '82 Business & Professional People for Ampton Investments, Inc. Mitchell S. Shapiro '64, the Public Interest The Honorable James M. Talent '81, Shapiro, Posell, Rosenfeld & Close Janet F. Plache '84, U.S. House of Representatives Thomas E. Unterman '69, Cleary Gottlieb Steen & Hamilton The Honorable Stephen F. Williams, Times Mirror Barry C. Skovgaard '80, U.S. Court of Appeals, Roger A. Weiler '52, Law Firm of Barry C. Skovgaard District of Columbia Circuit Intaglio Corporation Matsuo Takabuki '49

52 THE LAW SCHOOL RECORD

NON ... PROFIT THE LAW SCHOOL U.S. POSTAGE PAID THE UNIVERSITY OF CHICAGO CHICAGO, ILLINOIS 1111 EAST 60TH STREET PERMIT No. 7590

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