THE MAGAZINE OF NORTHWESTERN UNIVERSITY SCHOOL OF LAW
VOLUME IV NUMBER 1 FALL 2015
Appellate Advocacy Center Secures New Protection for Pretrial Detainees
Inaugural Newt and Jo Minow Debate
$5 Million Bequest from the Dawn Clark Netsch Estate Trust NORTHWESTERN LAW REPORTER Fall 2015, Volume IV, Number 1
DEAN AND HAROLD WASHINGTON PROFESSOR Daniel B. Rodriguez
ASSOCIATE DEAN, STRATEGIC INITIATIVES Donald L. Rebstock
ASSOCIATE DEAN, DEVELOPMENT AND ALUMNI RELATIONS Daren Batke
ASSISTANT DEAN OF MARKETING AND COMMUNICATIONS Kirston Fortune
DIRECTOR OF ALUMNI RELATIONS Darnell Hines
SENIOR DESIGNER Mary Kate Radelet
CONTRIBUTING WRITERS Hilary Hurd Anyaso Kirston Fortune Rekha Radhakrishnan Amy Weiss
CONTRIBUTING PHOTOGRAPHERS Randy Belice Annie O’Neill Michael Paras Jasmin Shah Illustration on cover and pages 22–27 by Arthur Lien
The editors thank the faculty, staff, students, and alumni of Northwestern University School of Law for their cooperation in this publication.
Opinions expressed in the Northwestern Law Reporter do not necessarily reflect the views of Northwestern University School of Law or Northwestern University.
Update Your Address EMAIL [email protected] WEB law.alumni.northwestern.edu PHONE 312.503.7609 US MAIL Northwestern University School of Law Office of Alumni Relations and Development 375 East Chicago Avenue Chicago, Illinois 60611 Find us online at law.northwestern.edu
Copyright ©2015. Northwestern University School of Law. All rights reserved. 9-15/16M THE MAGAZINE OF NORTHWESTERN UNIVERSITY SCHOOL OF LAW
VOLUME IV NUMBER 1 FALL 2015
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FEATURES
3 Inaugural Newt and Jo Minow Debate 18 On November 10, 2015, Northwestern Law will host the inaugural Newt and Jo Minow Debate Series, on the topic “U.S. Prosecutors Have Too Much Power.”
DEPARTMENTS 14 $5 Million Bequest from the Dawn Clark Netsch Estate Trust 2 From the Dean The gift endows the Walter and Dawn Clark Netsch Scholarship Fund, 3 Noteworthy which will provide financial aid for students who are interested in pursuing careers in public interest law; it will also support loan repayment assistance 20 Faculty Focus for graduates who choose public interest jobs. 26 Clinic News
42 Alumni Notes 18 A Supreme Success 56 Closing Remarks The Appellate Advocacy Center helped bring Kingsley v. Hendrickson, a 7th Circuit case involving the rights of pretrial detainees, before the United States Supreme Court. In June, 2015, the Court issued a 5–4 decision in favor of their proposed standard for evaluating excessive force claims.
50 Jason Strong Exonerated
For seven years, a team of Bluhm Legal Clinic faculty, students, and alumni worked for the release of Jason Strong, wrongfully convicted of murder in 2000. arlier this year, we hosted a conference designed to expand dialogue Ebetween disciplines. “Bridges not Barriers: The Law-STEM Alliance as a Catalyst for Innovation” brought together scholars, practitioners, scientists, entrepreneurs, and students to discuss ways to facilitate technological innovation. This was part of our ongoing commitment to develop initiatives around the insight that our Law School must educate legal professionals who can understand, navigate, and negotiate the interface of law, business, and technology.
This issue of the Reporter details some of the entrepreneurs are changing the world. The interview key initiatives underway in this space, including can be found on the Inc.com website, or at this recent successes by students and alumni who link: http://bit.ly/1gJDzeu. earned venture capital for their startups, and At the heart of our approach to legal education some of the very interesting research our faculty is collaboration. This, too, is something we have a is conducting on intellectual property law. The remarkable history of encouraging. Elsewhere in Searle Center on Law, Regulation, and Economic this issue you will find stories about alumni, fac- Growth is building a series of databases for schol- ulty, and students working together to exonerate ars to conduct empirical research into patents and the innocent, and argue at the highest levels of standard-setting organizations, because we know our judicial system to clarify the rights of pretrial how important these types of intellectual assets detainees. The scope of our Law School’s activi- are to promoting technological innovation. ties is broad, but all of our projects and initiatives These and other initiatives are deeply connected share a common commitment to partnership to entrepreneurship. Northwestern is at the cutting and multidisciplinarity. edge of these entrepreneurial innovations. Chicago None of this would be possible without the ongo- is rapidly becoming a technology and entrepreneur- ing support of our alumni community. I thank you, ship hub, and this is in no small part the result of and I invite you to volunteer, join us for one of our the broader Northwestern community. If you are events, follow our activities through social media, interested in learning about how Chicago is becom- or visit campus. Or drop me a note—my email ad- ing an “entrepreneur’s paradise”—Inc. Magazine’s dress is: [email protected]. description, not mine—take a few minutes to watch I would enjoy hearing from you. a video interview with three prominent Chicago businessmen: Jeff Malehorn, of World Business Chicago; J.B. Pritzker (JD ’93) of the Pritzker Group; and Howard Tullman (JD ’70) of 1871. In a wide-ranging conversation they discuss Chicago’s DDanieli l B.B RodriguezR d i tech and entrepreneurship ecosystem and how Dean and Harold Washington Professor NOTEWORTHY
Inaugural Newt and Jo Minow Debate to be Held November 10
On November 10, 2015, Northwestern Law will host the inaugural Newt and Jo Minow Debate Series, on the topic “U.S. Prosecutors Have Too Much Power.” The event is presented in partnership with Intelligence Squared Debates. The debate series was established as part of a $4 million gift from friends and colleagues of Newton N. Minow (JD ’50), Walter Annenberg Professor Emeritus and Life Trustee of Northwestern University. The first Minow Debate will focus on the level of power afforded to prosecutors in the United States criminal justice system, and examine whether that power ought to be limited. The event,
The first Minow Debate will focus on the level of power afforded to prosecutors in the United States criminal justice system, and examine whether that power ought to be limited.
particularly timely given ongoing national discussions about criminal justice reform, is held in partnership with Intelligence Newton and Jo Minow Squared Debates, a nonpartisan, nonprofit organization committed to “restoring civility, reasoned analysis, and constructive of communication satellite technology. He also served as chairman public discourse.” and director of the Public Broadcasting Service, where—among Arguing in support of the notion that prosecutors have too many other accomplishments—he reintroduced and preserved the much power will be the noted criminal justice expert Paul Butler, televised presidential debates. a former federal prosecutor, professor at Georgetown, and author PBS NewsHour anchor Judy Woodruff has said: “There may be no of Let’s Get Free: A Hip-Hop Theory of Justice. He’ll be joined one alive who cares more about America’s democracy than Newton by Nancy Gertner, former federal judge and celebrated criminal Minow, who was there at the creation of the modern political debate.” defense and civil rights attorney, who is now a senior lecturer Minow first suggested televised presidential debates in a memo at Harvard. to Governor Stevenson in 1955. After the 1960 debate between Arguing against will be David Hoffman, a former federal Kennedy and Nixon, there were no televised presidential debates prosecutor, City of Chicago Inspector General, and now a partner until 1976, when Minow and colleagues fought tirelessly to resur- at Sidley Austin. Hoffman will be joined by Reid Schar (JD ’97), a rect them. Minow co-chaired the 1976 and 1980 presidential debates partner at Jenner & Block and a former federal prosecutor who and has remained involved with the Commission on Presidential prosecuted former Illinois Governor Rod Blagojevich. Debates to this day, now serving on its Board of Directors. Following his graduation from Northwestern Law, Minow served “It is difficult to quantify Newt’s extraordinary impact on civil as law clerk to the Honorable Fred M. Vinson, Chief Justice of the discourse in this country,” said Dean Daniel B. Rodriguez. “This United States, and as assistant counsel to Governor Adlai Stevenson. debate series honors his commitment to elevating the public dia- He was appointed by President John F. Kennedy to the Federal logue throughout his career.”Q Communications Commission in 1961, where he drafted legislation that expanded the broadcast spectrum, provided the foundation for The Newt and Jo Minow Debate is open to all. For tickets, the Public Broadcasting System, and promoted the implementation please visit: law.alumni.northwestern.edu/minow
FALL 2015 | 3 NOTEWORTHY
Chicago’s Corporation Counsel Stephen Patton Delivers 2015 Pope & John Lecture
On Tuesday, September 29, Stephen R. Patton, Corporation Counsel for the City of Chicago, delivered the 25th annual Pope & John Lecture on Professionalism to the Northwestern Law community. In a talk entitled, “Chicago’s Legal Risk: Managing the City’s Toughest Issues from Stop-and-Frisk to Homelessness,” Patton discussed his tenure as head of the city’s 450-person legal department—he was appointed to the position in May of 2011 by Mayor Rahm Emanuel—and described efforts currently underway to manage risk and costs. Patton explained that he has been bringing a lot of the city’s legal work back in-house, decreasing the need for outside counsel. He also launched the Pro Bono Initiative, securing more pro bono and partial pro bono work from Chicago firms, the success of which, he said, “speaks very highly of the lawyers of this wonderful city.” Stephen Patton Patton told the audience that one of the key elements of his risk management strategy is to look for the City Council and from the Mayor, a series of services for vic- innovative solutions and collaborations that can serve both justice tims and their families that include counseling and free city college and the taxpayers’ interests. As an example, he described the tuition, and cash reparations. partnership with the American Civil Liberties Union to develop Prior to heading the Chicago Law Department, Patton was a new guidelines and reporting mechanisms for police investigatory senior litigation partner at Kirkland & Ellis, where he was the lead stops. Often called “stop and frisk,” this controversial approach to lawyer in a number of high-profile cases—including represent- policing has come under increased scrutiny in recent years. Rather ing the city of Chicago against two lawsuits brought by the state than litigate the issues, the City of Chicago, the Chicago Police of Illinois for closing Meigs Field in 2003. A graduate of Indiana Department, and the ACLU negotiated a legally enforceable agree- University with a JD from Georgetown University, Patton has deep ment designed to ensure and confirm that police practices comply civic ties to the city, including serving as president of the Chicago with all laws. The agreement includes training and supervision, Bar Foundation and Chairman of the Board of Advisors to the data collection and monitoring, independent review by a former Chicago Volunteer Legal Services Foundation. federal judge, and monthly data releases. The Pope & John Lecture Series on Professionalism, established Patton also discussed efforts to bring justice to the victims of in 1991 by the Chicago firm of Pope & John Ltd., has brought torture under former Chicago police commander Jon Burge, a dozens of legal professionals, including former US Attorney scandal now entering its third decade. He helped shape the pro- Patrick Fitzgerald and former federal judge Nancy Gertner, to posal—approved by the City Council earlier this year—that created campus. The series is part of the Bluhm Legal Clinic’s Bartlit Center a $5.5 million reparations fund. The proposal, which was drafted in for Trial Advocacy and focuses on issues related to legal profes- consultation with plaintiffs and their attorneys, as well as Amnesty sional responsibility, including legal ethics, public service, profes- International, includes an acknowledgement and an apology from sional civility, pro bono representation, and standards of conduct.Q
4 | NORTHWESTERN LAW REPORTER Curriculum Development Grant Expands Entrepreneurship Lab
A curriculum development grant from VentureWell, medical diagnostics company Briteseed, LLC. Before a nonprofit organization that supports technology Gunn came to the Law School, he earned a doctoral entrepreneurship, will allow the Master of Science in degree in Materials Science and Engineering and Law program to expand its Entrepreneurship Lab, a key Nanotechnology from the University of Washington. component of the program’s unique curriculum. He has published in the fields of biomedical and bio- “We’re very excited about this grant and how it will materials engineering, holds numerous patents, and enhance the MSL program,” said Leslie Oster, clinical has been awarded research fellowships by the National associate professor of law and director of the Master of Institutes of Health, the Ford Foundation, and Pacific Science in Law program. “VentureWell is widely recog- Northwest National Labs. nized for helping schools build their offerings in entre- As a student at Northwestern, Gunn participated in preneurship education; this support is a vote of confi- NUvention, a campus-wide interdisciplinary initiative dence in the MSL program, and the Entrepreneurship in which students from different disciplines form teams Lab in particular.” and spend two semesters collaborating on projects and VentureWell sponsors a series of grant programs following their ideas through the commercialization that are designed to inspire and support young entre- life cycle. preneurs. The grant for the Entrepreneurship Lab was Briteseed is the result of Gunn’s participation in awarded under the highly competitive faculty grants NUvention; his teammates then are his business part- program, from which only 14 percent of proposals in the Spring 2015 grant cycle were funded. Now in its second year, the MSL program “A lack of understanding of the relevant legal and regulatory breaks down traditional educational silos, focusing issues can be the biggest obstacle to technological innovation on the intersection of law, business, and technology as it relates to innovation and entrepreneurialism. and commercialization.”—LESLIE OSTER The program provides focused, practical, business- centered legal training to STEM professionals through a curriculum designed specifically to help ners now, and the device they developed has earned professionals work across disciplines, recognize their company millions in start-up funding as well as obstacles and risks, and visualize opportunities for numerous awards. innovation and entrepreneurship. Last year, students in the Entrepreneurship Lab “A lack of understanding of the relevant legal and formed teams that worked on projects related to pre- regulatory issues can be the biggest obstacle to tech- venting falls by senior citizens and Methicillin-resistant nological innovation and commercialization,” Oster Staphylococcus Aureus (MRSA) infections in health said. “These topics are all too often missing in entrepre- care settings; these projects culminated in team pitches neurship education. We created the MSL program to to the Johnson & Johnson Innovation Center and address this gap.” Insight Accelerator Labs. The Entrepreneurship Lab is a course designed to Thanks to the VentureWell grant, Gunn and Oster teach students how ideas become business enterprises. are able to expand the program to include a longer Students begin by developing product concepts through development runway, prototyping and testing capaci- a series of questions, such as: What is the problem ties, and more outside mentorship support from local solved by this technology? Who are the customers? technology incubators. What is the value proposition? From there, the students “The students in the MSL program this year are very work on the fundamentals of starting a company, from entrepreneurial,” Oster said. “I expect we will see viable entity formation and basic intellectual property protec- ideas emerge from the Entrepreneurship Lab this year. tions, to potential regulatory pathways for their product. Even beyond that, though, just from participating in The course is taught by Jonathan Gunn (JD ’13), the lab, our students will learn a lot about how to put co-founder and chief technology officer of the their ideas into practice.”Q
FALL 2015 | 5 NOTEWORTHY
Launching New Ventures Law Students, Alumni Win Big at Northwestern University Venture Challenge
This year’s competition saw three entrepreneurial students and alumni successfully pitch their startups and earn seed funding to help bring their enterprises to market.
Drawing students from across disciplines and cam- including MDAR Technologies and Hazel Technologies, puses at Northwestern together for an entrepreneurial with Law School students or alumni as part of their competition is at the heart of Northwestern University company leadership. Venture Challenge (NUVC). Conceived six years ago, NUVC is divided into five competitive tracks: busi- the competition has grown into a vital network of ness products; consumer products; green energy and Northwestern-affiliated innovators and leaders. sustainability; life sciences and medical; and social This year, Opticent Health, launched by Kieren enterprise. This year, the competition began with 86 Patel (JD-MBA ’16) won first prize at the NUVC com- participants and over the course of two rounds they petition on June 4, earning $45,000 in startup capital. were winnowed down to five, the strongest in each Opticent Health is one of three participating startups, category. In the final round teams give presentations in front of venture capitalists and entre- Kieren Patel (JD-MBA ’16) preneurs from around the country. Patel’s startup designs and manu- factures optical medical devices, specifically creating non-invasive tests for eye disease. In addition to winning first prize across the whole competition, Opticent Health also won first prize in the life sciences and medical track of the competi- tion. Patel, the president and CEO of Opticent, has a PhD from the University of California at Berkeley in Molecular and Cell Biology and has distinguished himself at Northwestern as an Innovation to Commercialization Fellow (I2C), which gives graduate students first-hand experience in handling intellectual prop- erty for innovations developed at Northwestern University. Patel says the idea behind Opticent Health was born from talking to his father, an ophthalmologist of 35 years, who had recently attended a seminar
6 | NORTHWESTERN LAW REPORTER Jesse Chang (JD-MBA ’16) Amy Garber (MSL ’15)
in Los Angeles where Northwestern biomedical the fruit ripening process, so that produce lasts longer engineering professor Hao Zhang outlined an imag- and generates less waste. During the market research ing technique that would produce richer optical phase of the course Garber and her team discovered scans by delving into tissue health. During Patel’s the retail sector loses billions of dollars annually in lost I2C Fellowship he worked with Zhang to “translate produce, so they set on a path to focus on retail and the technology from bench to bedside.” Zang is now distribution as their core markets. Opticent’s chief science officer. Hazel Technologies won second place in the green Patel believes NUVC helped shape the final product: energy and sustainability track, and Garber serves as “NUVC was a terrific opportunity to pressure test our the chief intellectual property officer. That role has company’s business case and commercialization plan proven instrumental in both patenting the technology with seasoned and knowledgeable judges.” and managing the financial deals. Garber describes Jesse Chang (JD-MBA ’16) is also an I2C Fellow and herself as a “liaison between law and technology.” the leader behind MDAR Technologies, which pio- Garber is a member of the first class of Master neered a new form of motion-contrast 3D scanning that of Science in Law graduates at Northwestern Law, helps autonomous vehicles respond more accurately in a program designed to bring together leaders with difficult driving conditions. MDAR Technologies won science backgrounds and provide business-centered third prize in the overall competition and first in the legal training. business products track. NUVC is run primarily by Entrepreneurship in Amy Garber (MSL ’15) started Hazel Technologies Action, an undergraduate student group, with support this year with classmates from her NUvention Energy from Kellogg Innovation & Entrepreneurship and the course. Their product, FruitBrite, seeks to slow down Farley Center for Entrepreneurship and Innovation.Q
FALL 2015 | 7 NOTEWORTHY
Law School Dean Daniel B. Rodriguez and Dean Julio M. Ottino of Northwestern University’s McCormick School of Engineering and Applied Science launched the conference with a discussion about how interdisciplinary training and collaboration facilitates innovation.
Bridges not Barriers: The Law-STEM Alliance as a Catalyst for Innovation Conference Explores the Relationship Between Law and Innovation
Lawyers, scientists, engineers, doctors, entrepreneurs, students, Teaching Professor of Law and the director of the Entrepreneurship and faculty gathered at Northwestern Law on June 17, 2015, for a Law Center in the Bluhm Legal Clinic. one-day conference titled “Bridges not Barriers: The Law-STEM The discussion centered on the importance of interdisciplinar- Alliance as a Catalyst for Innovation.” The conference explored the ity in business and in education. Ottino explained that the best role of scientists, lawyers, engineers, regulators, and policy-makers science is built on the work of others, and that in technology most in designing creative legal, policy, and regulatory solutions that new ideas are “mashups” of older ideas. He described a particular facilitate technological innovation. approach to developing a mindset that facilitates creation, and how this is central to promoting innovation. Rodriguez made the point that lawyers The wide-ranging discussion included current proposed patent need to be involved in the innovation legislation, the controversies surrounding how certain aspects of the process early on, because they understand the legal and regulatory structures that current patent system are used or abused, and how public policy can make or break a product on its way to sometimes leads to unintended consequences. market, and because they have expertise in mitigating risk. Rodriguez and Ottino also discussed Law School Dean Daniel B. Rodriguez and Dean Julio M. Ottino new and ongoing efforts at Northwestern University to expand and of Northwestern University’s McCormick School of Engineering enhance programs that encourage interdisciplinary collaboration. and Applied Science opened the day with a conversation about A panel devoted to biotechnology and medicine, moderated by the relationship between the law and scientific innovation. The Professor Laura Pedraza-Fariña, followed the introductory discus- conversation was moderated by Esther Barron, the Harry B. Reese sion. The discussion centered on identifying emerging issues at
8 | NORTHWESTERN LAW REPORTER the intersection of law, science, and medicine, with a particular emphasis on issues where barriers exist between the disciplines and examples of how different disciplines have worked together to promote innovation. Panelists included Professor Teresa Woodruff from the Feinberg School of Medicine; Peter Safir a partner at Covington & Burling; Professor Rebecca Eisenberg from the University of Michigan Law School; and the director of Center for Health Information Partnerships, Feinberg Professor Abel Kho. Because of the importance of intellectual property to the process of technological innovation, the day’s keynote discussion featured John Veschi, chief executive officer of Marquis Technologies, and Brian K. Beeler, executive vice president and general counsel of Horizon Pharma, Brian Beeler, executive vice president and general counsel of and John Veschi, chief executive officer of Marquis Technologies, discussed intellectual property, technological innovation, and legal and regulatory structures during the Horizon Pharma. As representatives of different industries, Veschi keynote discussion. and Beeler discussed the varying roles intellectual property plays across sectors and how different sectors manage their intellectual property portfolios in light of sector-specific regulations. The wide- a fellow at Harvard University’s Berkman Center for Internet and ranging discussion included current proposed patent legislation, Society; Nicholas Campbell, privacy program manager at Google; the controversies surrounding how certain aspects of the current and Kimberly Wong, senior counsel at McDonald’s Corporation. patent system are used or abused, and how public policy sometimes The final panel was moderated by Professor David Dana and was leads to unintended consequences. devoted to issues relating to Energy and Environment. The discus- In the afternoon, Professor Peter DiCola moderated a con- sion centered on how lawyers deal with fast-developing technolo- versation on Data Security and Privacy: Drones, Robotics, and gies, and how can scientists bring lawyers into the technological Automated Data Collection. The discussion centered on the development process earlier to help with aspects of legal and policy advantages and disadvantages of privacy by design, risks involved risk and regulation. in broad data collection schemes, establishing baselines for privacy Panelists included the director of the Argonne-Northwestern in data collection, and international differences in practices and Solar Energy Research Center, Northwestern University customs regarding privacy. Professor Mike Wasielewski; faculty co-director of the Emmett Panelists included Professor Margot Kaminski from the Moritz Institute on Climate Change and Environment at UCLA School College of Law at Ohio State University; Malavika Jayaram (LLM ’95), of Law, Professor Ted Parson; Professor Kimberly Gray from the McCormick School of Engineering and Applied Sciences at Northwestern Professor Laura Pedraza-Fariña moderated a discussion about issues at the intersection of law, science, and medicine with Professor Rebecca Eisenberg from the University of Michigan Law School; the director of the Center for Health University; and Howard Learner, president Information Partnerships at Northwestern’s Feinberg School of Medicine, Professor Abel Kho; Professor Teresa Woodruff and executive director of the Environmental from the Feinberg School of Medicine; and Peter Safir a partner at Covington & Burling. Law and Policy Center. Professors David Schwartz and James Speta, along with law and doctoral student Ryan Whalen (JD-PhD ’16), led the wrap- up session, noting that two of the major themes of the day were the importance of both developing coherent frameworks and interdisciplinary training.Q
Video recordings of the Bridges Not Barriers conference sessions are available for viewing and down- load at: www.law.northwestern.edu /mag-bridges.
FALL 2015 | 9 NOTEWORTHY
Engaging Practice: Judgment, Strategy, Leadership Center for Practice Engagement and Innovation Hosts First Fall Forum
What does it take for new lawyers to become strategic partners for their clients? What does it mean to possess legal judgment, to engage strategic thinking, and to be a leader in resolving a client’s problem? These questions and more were considered, discussed, and energetically debated during the Center for Practice Engagement and Innovation’s first fall forum, held September 21, 2015.
Launched earlier this year, the Center for Practice CPEI grew out of the Law Engagement and Innovation (CPEI) is designed as School’s most recent strate- an incubator for ideas about how to help law students gic planning process, in rec- develop the critical aptitudes required to succeed in ognition of how significantly today’s legal marketplace. the legal services sector has Central to the center’s approach is the belief that the changed in the last several varied experiences of people engaged in one or more years. Lupo described the three main drivers behind aspects of the legal services triangle—consumers, pro- those changes: the reorganization of relationships viders, and instructors—are essential to this process. between lawyers and clients, new legal services tech- “Solutions for legal education must be informed by nologies, and alternative legal service platforms such as ideas coming from practice into the academy,” said James legal process outsourcing firms. Lupo, professor of practice and the center’s director. Lupo and James Speta, senior associate dean for aca- The Engaging Practice: Judgment, Strategy, demic affairs and international initiatives and director Leadership forum was designed to do exactly that. of executive LLM programs at Northwestern Law, were The event brought together leaders from private prac- charged with looking at how the changing delivery of tice, government attorneys, general counsels, and alter- legal services affects the careers of Northwestern Law native legal service providers. Attorney talent devel- students upon graduation and throughout their careers. opment professionals and corporate legal operations “A primary focus of our strategic planning process executives also participated. The varied backgrounds was to investigate how best to serve our students, our and current points of engaging law practice among community and our profession not only for today but the participants resulted in a rich and diverse set of also for tomorrow,” said Daniel B. Rodriguez, dean of perspectives on the future of the legal professional and Northwestern Law. “We created CPEI to build connec- the skills new lawyers need to succeed in it. Facilitated tions between the Law School and the practice commu- by student and faculty leaders, the attendees worked in nity, to facilitate a two-way conversation about how we groups organized around current sector engagement. prepare our students so that they are ready to effectively They collected their ideas and then each group rejoined engage in and eventually lead the profession.” the forum to debrief and discuss. Other law schools are studying the changing legal “What was important, and fascinating, was how landscape and while they often provide important much common ground existed, both as to the kinds research, their work largely fails to actively engage the of curricular enhancement we should consider and legal community, Lupo said. the business dynamics driving the need for integrated “Our ultimate goal,” he continued, “is to produce innovation,” Lupo said. “The insights and energy actionable intelligence in the form of recommendations conveyed will be a great resource for CPEI and the Law for programmatic and curricular innovations that School as we contemplate how best to meet the needs of will best serve our students today and throughout our students and the profession.” their careers.”Q
10 | NORTHWESTERN LAW REPORTER Forum debriefing session
2015 CPEI Advisory Board
Georgia Alexakis (JD ’06) Tom Finke (JD-MBA ’92) Esther King (JD LLM Tax ’13) Scott Ring (JD-MBA ’98) Assistant US Attorney Managing Director, West Director of Entrepreneurship, General Counsel Northern District of Illinois Region Operations Innovation, and Technology Bessemer Venture Partners Axiom Illinois Department of Martin S. Appel, Sr. (JD ’56) Mark Ross Commerce and Economic Of Counsel Nick Giampietro (JD ’87) Global Head, Legal Process Development Jeffer Mangels Butler & General Counsel, Secretary Outsourcing Mitchell LLP and Senior Vice President Jody Rosen Knower Integreon Reyes Holdings Chief Training and Peter J. Barack Chloe Rossen (JD ’14) Professional Development Partner Dean Hansell (JD ’77) Associate Officer Barack, Ferrazzano, Partner Mayer Brown Sidley Austin Kirschbaum & Nagelberg Hogan Lovells Tom Stanton (JD ’69) Susan Levy Connie Brenton John Howard Senior Partner Executive Vice President and Director of Legal Operations Senior Vice President and Squire Patton Boggs General Counsel NetApp General Counsel Northern Trust Mark Stevens (JD ’83) W.W. Grainger, Inc. Brian Cohen (JD ’10) Partner Andy Meerkins (JD ’13) Associate Marc Kadish Fenwick & West Associate Novack & Macey Director of Pro Bono Shook, Hardy & Bacon K.M. Zouhary (JD ’11) Activities/Litigation Training Adrian F. Davis Associate Mayer Brown Michael Pope (JD ’69) Chief Attorney Development Schiff Hardin Partner and Knowledge Officer Sang Kim (JD ’95) McDermott Will & Emery Latham & Watkins Co-Chair, US Tax Practice DLA Piper
FALL 2015 | 11 NOTEWORTHY
Meet Daren Batke, Associate Dean of Alumni Relations and Development
Northwestern University School of Law is pleased to welcome Daren Batke as the new associate dean of alumni relations and develop- ment. He joins us from the University of Chicago Law School, where he was the executive director of development. The Reporter sat down with him to discuss his interests, background, and his plans for alumni relations and development.
Tell us a bit about yourself and what brought you to Northwestern Law. Prior to Northwestern Law I was at the University of Chicago Law School, where I served as the executive director of development. Daren Batke I’m working on a PhD at the University of Michigan in organiza- tional behavior and management, with a particular focus on the Do you have a message for the Northwestern Law alumni intersection between a university’s external relations work and how community? student affairs practitioners facilitate student learning outside of I want our alumni to know that they are powerful partners in our the classroom. mission. Northwestern Law really rests on the shoulders of the I was drawn to Northwestern Law by Dean Rodriguez’s vision for community that supports it. Our alumni are instrumental in that the future of legal education. He understands that the legal world role, and I want them to know that while we have great decanal is in a period of incredible change, and that legal education has leadership, top notch faculty, and incredible students, we need to evolve accordingly. The school has a long history of curricular them in order to really excel as an institution. and co-curricular innovation, so rather than worry about change, What do you like to do when you’re not busy at the Law School? people here embrace it, meet it with new ideas. The school’s opti- I really love exploring new restaurants and cuisines, and Chicago mistic, open culture is really compelling. is wonderful for that. I also love the water, having grown up and What are some of your goals for Alumni Relations and always lived near one of the Great Lakes, so having easy access to Development? Lake Michigan is incredible. Last of all, I’m a big college football My goal is to create irresistible opportunities for alumni and exter- fan, so very happy to embrace the Northwestern football spirit! nal partners to become more deeply engaged with the Law School. Does that mean you will relinquish the maize and blue? Northwestern University already has an incredible world-class This is the most difficult question yet. As a lifelong Wolverine, I community, but I believe the best places have an obligation to grow must assert my Fifth Amendment privilege. even stronger. What kinds of new dialogue can we nurture among Well, then, tell us what you have observed about the culture of all of our constituents? How can we make sure we’re collaborating Northwestern Law. effectively across departments to build new concepts, programs, I see an institution with a unique identity. The students are mature, and relationships? These are the questions in front of me right now. enterprising, and deeply engaged—in their studies, of course, but Any major challenges you anticipate? also in what is happening in the wider world. There is a spirit of Because the Law School has a strong established base of support, innovation and creative problem solving among faculty, staff, and our challenge is to communicate not just our needs, but why our students that is incredibly inspiring to be around; people here are institution is worthy of support, whether it is financial or in a vol- developing and implementing programs that address head on the unteer capacity. I believe this is a very collaborative process and look emerging realities of legal practice. It’s a tremendously exciting time forward to building relationships with alumni, friends, and donors. to join this community and I look forward to contributing to it.Q
12 | NORTHWESTERN LAW REPORTER Mark and Kimbra Walter Establish Scholarship Fund
Mark and Kimbra Walter, through their family founda- “We are committed to educating students regard- tion, have established the Walter Family Foundation less of their financial situation,” said Dean Daniel B. Scholarship Fund at Northwestern University School Rodriguez. “This very generous gift from our friends of Law, which will fully fund an entering student with and long-time supporters, Mark and Kimbra, will help demonstrated financial need for up to three years. The us expand that promise.”Q scholarship provides for tuition and related education expenses, as well as living expenses, allowing the recipi- ent to graduate debt free. “We are committed to educating students Mark Walter earned his JD from the Law School in 1985. He is the chief executive officer and co-founder of regardless of their financial situation. This very generous Guggenheim Capital, a financial services firm with $210 gift will help us expand that promise.” billion assets under management. Recognized as one of the most influential people in sports business, he is the —DEAN DANIEL B. RODRIGUEZ controlling owner of the Los Angeles Dodgers, is Kimbra and Mark Walter one of the owners of the Los Angeles Sparks, and has controlling interests in insurance and other businesses. He serves on the board of the Solomon R. Guggenheim Foundation, as a director of the Field Museum, and as a trustee of Northwestern University. Kimbra Walter, also an attorney, earned a bach- elor’s degree in econom- ics from Northwestern in 1985. She serves as a member of the Board of Trustees of the Lincoln Park Zoo, OneGoal, and the Goodman Theatre. Noted philanthro- pists, the Walters have supported Northwestern University for many years—Mark’s first gift was $100 in 1986, right after he graduated from the Law School.
FALL 2015 | 13 $5 Million Bequest from the Dawn Clark Netsch Estate Trust
“Dawn was a mentor to many generations of Northwestern Law students,” said Dean Daniel B. Rodriguez. “It was very important to her that students with a passion for public service be able to pursue those types of careers. This bequest helps do that in two ways. It provides scholarship support for students who know, coming in to law school, that they want to work in the public interest follow- ing graduation. It also provides post-graduate loan repayment support for students who discover that path while they are here.” Dawn Clark Netsch (1926–2013) came to Northwestern University in 1944, majored in political
The Walter and Dawn Clark Netsch Scholarships will be available to Northwestern Law JD students entering in the fall of 2016.
science and graduated Phi Beta Kappa in 1948. She went on to Northwestern Law, where she was the first woman to earn the Scholar’s Cup for having the highest grade point average in the first-year class. She graduated in 1952, the only woman in her class. Elected to the Illinois Constitutional Convention in 1969, Netsch was one of the architects of Illinois’ current state constitution. Elected to the state senate in 1970, she served for eighteen years—representing the Dawn Clark Netsch (1926–2013) 13th and then the 14th district. In 1990, she became the first woman elected to statewide office when she won Northwestern Law has received a bequest of $5 the race for Illinois Comptroller. million from the Estate Trust of Dawn Clark Netsch. An expert on constitutional law, she was one of the The gift will endow the Walter and Dawn Clark authors of the Illinois state constitution and a co-author Netsch Scholarship Fund, which will provide financial of State and Local Government in a Federal System, the aid for students at Northwestern University School of definitive text. Law who are interested in pursuing careers in public She joined the Northwestern Law faculty in 1965— interest law. The gift will also support loan repayment the school’s first female faculty member—teaching and assistance for Northwestern Law graduates who choose mentoring students for more than forty-give years. public interest jobs. In 1963, she married internationally acclaimed The Walter and Dawn Clark Netsch Scholarships will architect Walter Netsch (1920–2008), best known for be available to Northwestern Law JD students entering his design for the Cadet Chapel at the US Air Force in the fall of 2016. Academy in Colorado Springs, Colorado. They were
14 | NORTHWESTERN LAW REPORTER prolific collectors, together creating an important col- lection of modern American art. The Netsch Estate Trust gave Northwestern Law art- work from the Netsch collection as part of the bequest, notably “Wallpaper With Blue Floor Interior” by Roy Lichtenstein, which now hangs in the Law School Atrium. The Law School also received some of her cam- paign memorabilia—a neon sign that was part of her 1990 campaign for Illinois Comptroller now illuminates Harry’s Cafe. “Dawn often hosted her students at her home. She A neon sign from Netsch’s 1990 campaign for Illinois Comptroller is now part of Harry’s Cafe. liked the idea of that tradition living on at the Law School.” Rodriguez explained. “I am delighted that we have a part of their collection here. For me, it’s a reminder of just how fortunate we are that she was a “It was very important to her that students with a passion member of our community.” for public service be able to pursue those types of careers.”
—DEAN DANIEL B. RODRIGUEZ
“Wallpaper With Blue Floor Interior” by Roy Lichtenstein
FALL 2015 | 15 New Clinical Fellow: Annalise Buth Colloquium Brings Law M. R. Bauer Foundation Clinical Fellow in Dispute Resolution and Economics Scholars to Campus with teaching Negotiation and support- ing the Center. She is helping to establish Earlier this year, Brenda K. and Andrew the Center’s Restorative Justice Practicum, Z. Soshnick (JD ’88) made a gift of which will be offered in Spring 2016. In it, $500,000 to Northwestern University students will be working approximately 12 School of Law in support of the study hours per week at field placements, which of law and economics and the interrela- Buth will help them to secure, as well as tionships between those disciplines. taking a corresponding seminar. An advanced seminar that brings “Restorative justice is another important together outside scholars, resident form of dispute resolution, and I want to faculty, and Northwestern students help students see ways that they can incor- for discussions around cutting-edge porate restorative practices in their work. research in the law and economics By developing restorative skills, students field, the Soshnick Colloquium on Law will become better advocates,” Buth said. and Economics launched in the Fall There will be a range of field placements, 2015 semester. Organized by Professors which may include working directly with Ezra Friedman and Max Schanzenbach, Annalise Buth restorative justice practitioners or focusing topics in the inaugural semester ranged on program design and implementation. from “Consumer Bankruptcy and After a post-law school path that took “In order to really understand restorative Financial Health” to “Do Constitutional her from Michigan to Mumbai, Annalise justice, students must experience it,” she said. Rights Make a Difference?” Buth (JD ’07) is thrilled to be returning to “There has been an increased interest in A number of interesting and provoca- Northwestern Law’s Bluhm Legal Clinic. restorative justice because more people are tive scholars will visit the Northwestern A former student in the Children and recognizing that punitive approaches are inef- Law campus as a result of this initiative, Family Justice Center, Buth returns as the fective. Often you see restorative justice pro- including: first M.R. Bauer Foundation Clinical Fellow grams in schools or the juvenile justice system, • Tom Baker, William Maul Measey in Dispute Resolution, a fellowship created but there is so much potential for develop- Professor, University of Pennsylvania as a part of the foundation’s recent gift to the ing restorative programs and implementing Law School Clinic’s Center of Negotiation and Mediation. restorative practices in different areas.” • Yun-chien Chang, Associate Research Buth was working as a litigation associate “Adding restorative justice to our cur- Professor, Academia Sinica at Michigan law firm Miller Johnson when riculum makes sense for the Center on • Will Dobbie, Assistant Professor of she heard about the fellowship. She had Negotiation and Mediation. Annie was Economics, Princeton University been working with the Restorative Justice chosen to lead this effort because of her • Adam Chilton, Assistant Professor of Coalition of West Michigan implementing commitment to restorative justice, her Law, University of Chicago Law School a restorative practices program in Grand ability to work with partners in Chicago • Carola Frydman, Visiting Associate Rapids schools, and saw an opportunity to communities, and her excitement about Professor of Finance, Kellogg School continue to concentrate on this emerging Northwestern Law’s potential to lead the of Management and promising approach to conflict, “which way in teaching restorative justice,” said • Jonah Gelbach, Associate Professor of focuses on the harm that results from an Lynn Cohn, clinical professor of law and Law, University of Pennsylvania Law offense rather than the rule or law that has director of the Center. School been broken, and seeks to repair the harm Prior to working at Miller Johnson, • Prasad Krishnamurthy, Assistant and restore relationships by recognizing the Buth worked for an NGO in India that Professor of Law, Berkeley Law needs and obligations of those affected.” focused on human trafficking cases, • Florenica Marotta-Wurgler, Professor As a clinical fellow, Buth will focus on the and the Legal Assistance Foundation of of Law, New York University School Center’s restorative justice initiatives along Metropolitan Chicago. of Law
16 | NORTHWESTERN LAW REPORTER Rights, a role that expands the reach of the Maitland will mentor students in the Access to Health program. Health and Human Rights clinic course, This year, Anna Maitland, a graduate and provide programmatic support for the of the University of Colorado Boulder Access to Health program. With its empha- with a JD from American University, sis on community-based assessment and its Anna Maitland Washington College of Law will join the interdisciplinary nature, Access to Health is clinic as the Schuette Fellow. Maitland has rich with opportunity. New Clinical Fellow: a track record of creating and contributing Juliet Sorensen, clinical associate profes- to global community-based projects in a sor of law at the Center for International Anna Maitland variety of capacities. Human Rights describes Maitland’s role Over the last two years Maitland co- as vital. “Access to Health has limitless Michael and Mary Schuette founded Justice & Empowerment Initiatives, potential, and having Anna here hugely Clinical Fellow in Health a Nigeria-based NGO devoted to develop- enhances our ability to do meaningful ing creative justice solutions in collabora- global health work and make an impact on and Human Rights tion with poor and marginalized communi- human rights. Anna’s dedication as evi- ties by training community-based para- denced by her fieldwork, and her leadership When Courtney and Chris Combe decided legals, supporting community organizing abilities makes her an accomplished partner to support Northwestern Law they knew and providing free legal services. and peer in this work.” they wanted to enhance the social jus- “During the interview process I was “The Access to Health project offers an tice initiatives already in place, and help excited to learn about Access to Health’s amazing opportunity for students to work increase the Law School’s footprint globally. focus on community-based solutions. I in an interdisciplinary environment to craft As a result, they established two fellowships think there’s a real synchronicity between innovative approaches to difficult barriers to including the Michael and Mary Schuette the work I’ve been doing in Nigeria and adequate health care. I look forward to work- Clinical Fellow in Health and Human Access to Health,” said Maitland. ing with this year’s class,” said Maitland.
2015 Jay A. Pritzker Fellows Announced
The Pritzker Fellowships were created to help talented Northwestern Law graduates launch their public interest careers. While there is a tremendous need for legal services in the public interest sector, a lack of adequate funding creates a shortage of opportunity, particularly for recent law graduates. To address this issue, the Jay Pritzker Foundation made a $1 million gift to the Law School to establish the Jay A. Pritzker Fellowship Program to help highly qualified Northwestern Law students gain public interest experience upon graduation. Dan (JD ’86) and Karen Pritzker are Foundation trustees. Named for Dan Pritzker’s father, who graduated from the Law School in 1947, the program is designed to encourage collaboration. It is a challenge gift, in which additional donors who make a gift of $25,000 in support of these fellowships have their gift matched to fully fund one fellow, up to a maximum of nine per year for three years. The program began last year, with nine fellows selected from the class of 2014.
The 2015 Pritzker Fellows. Top row, left to right: Jonathan Delozano, Azadeh Hosseinian, and Doyle Moeller. Bottom row, left to right: Deepa Arora, Cristina Law, and Deborah Filipovich. Not pictured: Sneha Dhanapal, Casey Cahill, and Kenneth Lewis.
FALL 2015 | 17 18 | NORTHWESTERN LAW REPORTER Appellate Advocacy Center secures new protection for pretrial detainees
By Amy Weiss Professor Sarah O’Rourke Schrup (center), director of the Bluhm Legal Clinic’s Appellate Advocacy Center, and a team of faculty, students, and alumni—including (from left to right) Steve Art (JD ’09), Sarah Grady (JD ’12), Daniel Fishbein (JD ’15), and Andrew Thompson (JD ’15)—helped bring Kingsley v. Hendrickson, a 7th Circuit case involving the rights of pretrial detainees, before the Supreme Court. In June, 2015, the Court issued a 5-4 decision in favor of their proposed standard for evaluating excessive force claims.
20 | NORTHWESTERN LAW REPORTER ne morning in March 2014 Northwestern Law professor Sarah O’Rourke Schrup was riding the El on her way into work, scrolling through recent opinions from the Seventh Circuit Court of Appeals when she came across a decision that had been issued just minutes earlier in Kingsley v. Hendrickson, a case where a pretrial detainee was suing his former jail guards for a civil rights violation, claiming they used excessive force. The Seventh Circuit panel had upheld the trial court’s decision, but reading a dissent from Seventh Circuit Judge David Hamilton, Schrup saw an opportunity. Walking down Chicago Avenue, she looked up the petitioner’s attorney, called her, and by the time she walked through the doors of Rubloff, she had offered the full assistance of the Bluhm Legal Clinic’s Appellate Advocacy Center. A little over a year later, Schrup, along with fellow faculty members, alumni, and clinic students would be celebrating a Supreme Court victory, and the legal standard for evaluating excessive forms claims by pretrial detainees would be forever changed.
FALL 2015 | 21 a prisonerpriso civil- rightrights plaintiff musmustt prove that tthehe jailja guards haharboredrbor mali- cious oror sadistic intentintent.. CourtsC have struggled wwith how to asassesssess excessiveexcessive forcefo claims by pretrial detainees: they have hav not yet been proven guilty beyond a reasonable doubt but often are Kingsley v. Hendrickson incarcerated alongside convicted prisoners as they await trial. Although courts have generally agreed that the due process In May 2010, Michael Kingsley was arrested and held in the clause of the Fourteenth Amendment governs such claims, Monroe County Jail in Sparta, Wisconsin, awaiting trial. they have been split on whether an objective standard like Guards instructed him to remove a piece of paper that had the Fourth Amendment or a subjective one like the Eighth been taped over a light in his cell. He said he did not place Amendment is more appropriate. The jury instructions in the paper there and refused to take it down. After several the original trial required a showing of subjective intent, but reTuests over the course of more than a day, ofʏcers hand- KingsleyȊs lawyers—which later included Schrup and her cuffed Kingsley and carried him to another cell, where he Supreme Court Clinic co-instructor Jeffrey Green, a partner was placed face down on a cement bunk. 2fʏcers claim at Sidley Austin—argued for an objective standard. Kingsley then purposely tensed his arms to make the hand- Seventh Circuit Judge Hamilton, in his dissent, wrote: cuffs difʏcult to remove he claims he did not resist. While ȍIf a pretrial detainee can prove that a correctional ofʏcer still handcuffed, Kingsley was tased by one of the ofʏcers, used objectively unreasonable force against him, it should then left alone. Some time later, ofʏcers were able to remove be self-evident that the detainee was ȉpunishedȊ without due the handcuffs without incident. process of law.” Kingsley ʏled a Section 1 civil rights suit against the This observation inspired Schrup to pick up the phone. guards, alleging that they deprived him of his constitutional ȍForcing a pretrial detainee to prove the jailerȊs subjec- right to be free from punishment as a pretrial detainee. He tive intent is too onerous, particularly when that person has lost the case at the district level, but ʏled an appeal with the not yet been adjudged guilty of the charged crime and is Seventh Circuit which centered around jury instructions presumed innocent. Many of the people who are sitting in jail and the standard for evaluating claims of excessive force by awaiting trial are there because theyȊre poor they canȊt make pretrial detainees against agents of the state. bail, and a personȊs constitutional rights should not turn on Pretrial detainees are in an unusual position with respect such vagaries,” Schrup said. to these claims. When a person out on the street makes a claim of excessive force, the Fourth Amendment standard of objective reasonableness applies—that is, whether a reason- able ofʏcer in similar circumstances would have employed The Appellate Advocacy the force in the same way. 7he ofʏcerȊs actual state of mind Center is irrelevant. At the other end of the spectrum are convicted prisoners. Because they have been found guilty beyond a Schrup, Harry B. Reese Teaching Professor of Law and reasonable doubt, the Eighth Amendment—not the Fourth— director of the Appellate Advocacy Center, knew the Center governs their claims of excessive force. Under that standard, was uniquely qualiʏed to handle the case.
22 | NORTHWESTERN LAW REPORTER Founded in 2006, the Center offers a Federal Appellate The Kingsley case made use of all of the CenterȊs greatest Clinic, where students represent criminal defendants before strengths: the wealth of knowledge and expertise with both the Seventh Circuit Court of Appeals and, in partnership the Seventh Circuit and the Supreme Court, the extensive with Sidley AustinȊs Supreme Court practice, a Supreme collaboration between faculty, students, and alumni and the Court Clinic where students work with the ʏrmȊs attorneys rigorous moot court process to prepare for oral arguments. to assist with petitions for certiorari, merits briefs, amicus assistance, and oral argument preparation. The CenterȊs results are impressive—the Federal Appellate Getting to Work Clinic has achieved favorable outcomes for its clients in 0 percent of cases, a rate much higher than the national aver- Wendy Ward, KingsleyȊs Wisconsin lawyer who brought his age, and the Supreme Court Clinic has assisted with over 140 appeal to the Seventh Circuit, agreed to work with the Center cases in some capacity. ItȊs easy to see why the experience on the case, and Schrup and her students hit the ground run- appeals to students. ning. They drafted the petition for rehearing in the Seventh “What compelled me to enroll in the clinic last fall was Circuit, which was denied, and then drafted the petition for the opportunity to work on real cases at the highest level of writ of certiorari. our judicial system, while working with and learning from After certiorari was granted in January 201, truly some of the best advocates in the country at Sidley and Schrup recruited other members of the Northwestern 1orthwestern,” said 'aniel Fishbein J' Ȋ1 , one of the stu- Law community.
Forcing a pretrial detainee to prove the jailer’s subjective intent is too onerous, particularly when that person has not yet been adjudged guilty of the charged crime and it presumed innocent.”
—SARAH SCHRUP
dents who worked on Kingsley. Fishbein conducted extensive “We immediately rallied the troops around here,” she said. legal research, helped to draft the merit briefs, and played “IȊm certainly not an expert in civil rights litigation. IȊve opposing counsel in a moot court. done a few cases but there are many more people at the Law Connection to the Center often doesnȊt end after the case School who are much more well-versed.” or the semester does. While students are grateful for the Schrup reached out to David Shapiro, a clinical assis- opportunities the Center provides, Schrup is grateful for the tant professor and attorney with the Bluhm Legal ClinicȊs continued commitment from alumni. Roderick and Solange MacArthur Justice Center, and Alan “What IȊm struck by is how alums of the clinic really do Mills, a Northwestern Law adjunct professor who serves as stay involved. They come back and they help with our cases,” executive director of the Uptown PeopleȊs Law Center, to she said. “I think itȊs remarkable for somebody who has been help brainstorm and strategize. out for ten years to remember what it was like to prepare for Schrup and her students drafted the merits briefs, which their ʏrst oral argument and to come back and help a current she calls the most important part of the case. student now in that same position.” “The students were essential to this case,” she said.
FALL 2015 | 23 I think we were able to argue very persuasively if the Court did indeed choose a community standard, looking objectively at what a reasonable guard would do, there would be no ‘parade of horribles.’ In fact, it would be a better guide to guards and correctional departments.” —SARAH GRADY
Andrew Thompson JD Ȋ1 , who plans on working in A Little Help from Their corporate law, took the long hours of research in stride, rec- ognizing it was an opportunity he wasnȊt likely to repeat. Friends “This was a phenomenal experience and gave me exposure Schrup reached out to two Northwestern Law alumni, Steve to issues that I wouldnȊt be able to see otherwise,” he said. Art JD Ȋ0 and Sarah Grady JD Ȋ12 at the civil rights ʏrm Loevy and Loevy to help execute their amicus curiae strat- Called to Justice egy by submitting a brief on behalf of former correctional administrators and experts. In the winter, Schrup and her students received word that “Our brief was important because the opposition argued their opponents had requested a meeting with the Solicitor that if you were to decide the use of force is ruled by an GeneralȊs ofʏce and that the SG wanted to meet with them as objective standard, you would have a ȉparade of horribles,Ȋ” well. Even though the federal government was not a party in explained Grady, who worked in the MacArthur Justice this suit, the decision would have obvious consequences for Center as a law student. government agencies. “They said, ‘Guards would start to be very scared that if Schrup and the rest of the Kingsley team ʐew to Washington they were to use force they might be sued, so they would use DC. Waiting in the quiet halls of the Department of Justice less force. And letȊs all face it, jails are very dangerous places Building, they caught a glimpse of their competition. and we need to give guards great latitude.Ȋ The people on “To this point, the group of guards had been represented whose behalf we wrote said to us that jail guards are already by small Madison ʏrm,” explained Schrup. told to use force based on an objective standard. So in this “The deputy SG who is escorting us in points to the brief I think we were able to argue very persuasively if the group exiting the conference room and says ȉ2h, thereȊs Court did indeed choose a community standard, looking your opposing counsel.Ȋ So we peer down the hallway and objectively at what a reasonable guard would do, there would right there in the middle of this group of lawyers is [former be no ‘parade of horribles.Ȋ In fact, it would be a better guide Solicitor General] Paul Clement.” to guards and correctional departments.” Now knowing they would be facing one of the most experi- “There is a tangible beneʏt to having great amici on your enced and formidable Supreme Court advocates, they entered side,” said Schrup. “We asked ourselves, ‘Where can we ʐesh the conference room to meet with lawyers from across the out the narrative of our case"Ȋ and we thought if former cor- Department of Justice, an experience Schrup called “one of rectional ofʏcers who ran prisons are going to say objective the most fascinating things IȊve done in my legal career.” standards are better, who would argue with that?” Ultimately, the SG ʏled a brief that didnȊt fully commit The Kingsley team also secured briefs from the American to either side but endorsed the standard proposed by the Civil Liberties Union, underscoring that many pretrial Kingsley team. detainees are nonviolent offenders unable to afford bail and
24 | NORTHWESTERN LAW REPORTER the pervasiveness of guard-on-detainee violence, and the “Aside from writing the brief, participating in the moot National Association of Criminal Defense Lawyers, which was my favorite part of the experience,” said Grady. “I was highlighted the long legal history of objective reasonableness very fortunate that Sarah invited me, because I really enjoyed as a standard in excessive force cases. being able to participate in the process of shaping the argu- ment. It also allowed me to see how involved the students were, which I think is so unique to NorthwesternȊs clinics Practice Makes Perfect as a whole. They all do a great job of involving students in those types of very important issues and really giving them a The Appellate Advocacy Center has a robust moot program ground-level ability to participate.” for Supreme Court cases, holding roughly a half dozen each After observing oral arguments in April, it was clear to year. Northwestern Law faculty, Chicago-based lawyers, and Thompson the preparations paid off. alumni from all over the country are frequent participants— “No one had really asked this question before and thatȊs acting as the justices, asking questions, and providing why itȊs at the Supreme Court,” he said. “It was amazing to critique. Clinic students argue the opposing side. see how all of the questions we were asking each other came Class of 1 40 Research Professor of Law James Speta, up in the argument. Every question they asked, we had asked. a frequent participant in the CenterȊs moots, ran one of the Every issue they wondered about, we had wondered about. It moots for Kingsley where Ward prepared for oral argu- was fantastic to see that.” ment. Amicus brief authors Art and Grady were among the attendees. “ItȊs an incredibly collaborative, open environment to Decision Day ask questions and see how different folks approach the tasktask and litigate at the appellate level,” said Art, who partici-partici- On June 22, 201, the Court issued a -4 decision in ffavoravor ooff pated in clinics with the Center on WrongfulWrongful Convictions KingsleyKingsley and objective reasonableness as the test forfor exceexces-s- and the Center forfor International Human RRightsights sive forceforce claims by ppretrialretrial detaineesdetainees.. as a law student.student. Justice BrBreyer—joinedeyer—joined by Justices KennedKennedy,y, GinsburGinsburg,g, Sotomayor,Sotomayor, and Kagan—wrote: “The question beforebefore us is whether, to prove an excessive forceforce claim, a pretrial detainee must show that the ofofʏcers were subjesubjec-c- tivelytively aware that their use ofof forceforce was
FALL 2015 | 25 thrilled to see the majority opin- ion really questioning whether or not subjective intent should unreasonable, or only that the ofʏcersȊ use of that force was come in to play for claims of excessive force, even once objectively unreasonable. We conclude that the latter stan- a prisoner has been convicted. I think it really left open the dard is the correct one.” door for a future Eighth Amendment challenge.” Breyer said they arrived at that decision for three reasons: Schrup couldnȊt help but notice how their case coincided there was ample legal precedent for the standard with respect with a renewed national attention to the civil rights of to pretrial detainees and those who have been accused but not those dealing with law enforcement—the Baltimore riots yet convicted of crimes experience suggests the standard is in the wake of Freddie GrayȊs death were the same week practical, speciʏcally citing the brief by Art and Grady and as KingsleyȊs oral arguments. Green doesnȊt think that the standard offers sufʏcient protection for ofʏcers. played a role in the outcome of Kingsley at all, but thinks Art and Grady were surprised at both the outcome and the the new consciousness might help push the justice system tone of the decision. toward embracing objective standards more broadly, as “It is exceedingly rare these days to see a victory for a Grady described. civil rights plaintiff from the Supreme Court,” said Art. “To the extent that we continue to see more in the media “It was a really surprising and incredible decision that about how people are treated, both in the course of arrest and acknowledged head-on the difʏculties between assuring once theyȊre incarcerated it may be that courts will be more that pretrial detainees have their rights protected while also amenable to suggestions in cases that the standard for Section
The Court’s decision will affect millions of pretrial detainees for
the better.” —DANIEL FISHBEIN
acknowledging that it can be difʏcult to balance those rights 1 actions for convicted prisoners who are hurt ought to be against what can be a challenging atmosphere where people objective ones rather than subjective ones,” Green said. have to protect themselves and other prisoners,” said Grady. He even wonders, recognizing the beneʏt of hindsight, “I think it went a long way to recognize that these issues what might have happened if their team had been a bit bolder should not be dealt with by giving total deference to cor- in their briefs. rectional ofʏcers, and that the constitutional rights of those “What Chief Justice Roberts told the Clinic when he taught who are incarcerated—especially those who have not been our class back in 2007, is proving true. He said, ‘you should convicted of any crime—really must be protected. I was also play all-in poker more often.Ȋ”
26 | NORTHWESTERN LAW REPORTER The decision sent the case back down to the Seventh so as the weeks went on we really wanted to make sure Circuit to revisit in light of the new standard, and the we were getting it right. The most incredible part of Seventh Circuit recently remanded it back to the district working on Kingsley has been its impact. The CourtȊs court for a new trial. Regardless of the eventual outcome of decision will affect millions of pretrial detainees for that suit, Michael KingsleyȊs legal battle will have a lasting the better, and to be part of that effort has been its great- effect on the criminal justice system. est reward.” “In the ʏrst week, Andrew and I quickly got the “In law school, you read these cases that make really impression that what we were doing really mattered,” foundational decisions about the law and I think in 20 said Fishbein. “We saw the fruits of our research years, Kingsley v. Hendrickson will be that case for pretrial become the basis of our teamȊs strategic decisions, and detainees,” said Grady.
Carter Phillips Named One of the Most Influential Members of the Supreme Court Bar
A close analysis of Supreme Court briefs the Supreme Court and because the from 1946-2013 found Carter Phillips (JD Court consistently adopted portions of ’77) to be one of the most successful the language in their briefs.” lawyers who have argued in front of the The study echoes a Reuters report Supreme Court. The study, “Whohoh WWinsinns fromfromo 2014,2010 4,4 wwhichhichc identifiedided nnttifiedd PPhillips,hillipps,s in the Supreme Court? An Examinationmim nan titiono alongalono g wiwwithitht SSarahara ahah OO’Rourke’RRouourke ScSSchruphrup of Attorney and Law Firm Influence,”encn e,e,” andand JeffreyJefff rerey T.T GGreen,reenen, alaalll coco-directorso-ddirrecctotorss authored by Adam Feldman, analyzesnalyzyzese of NNorthwesternoro thwew stere n LaLLaw’sw’w s SuSupremeuprreme e “the amount of language sharedd bbetweenetweenen CCoCourturu t Clinic,Clinnicc, asa somesomo e off tthehehe over 9,400 Supreme Court meritsrits briefsbrb ieefs mommostostt iinfluentialnfluentntiai l atattorneystorneye s atat and their respective Supreme CCourtouourt oopin-pin- ththehe UnUUnitednititede SStatestaates ions from 1946 through 2013.” SuSupremepremme Court.CoC uru t.t Phillips has argued eighty casesses beforebefe orre the nation’s highest court. Feldman’sman’s analysis leads him to conclude thatthaat hehe “is“isi also one of the most successfull SuSupremeprpreme Court brief-writers.” Bloomberg BNA reported, “Individually,ndndivviddually,y Feldman named Carter Phillips off SidleySididley Austin and Chief Justice John RoRoberts,beberts,s who once practiced at Hogan & HaHHartson,arttsoon,n as the most successful lawyers bbecauseecauusee they were the most experienceded bbeforeeforo e
FALL 2015 | 27 The Law and Economics of Patent Law and Technological Innovation
Does the nation’s intellectual property system televisions, and automobiles all seems completely the opposite—rapid, intense help or hinder technological advancement? There innovation and massive participa- is robust debate on both sides of this question, tion in the standard setting process. Manufacturers rush to produce goods, but surprisingly little empirical evidence. Scholars and consumers are inundated with at Northwestern Law are working to address choices. How do we reconcile the theory and evidence? These new that knowledge gap. databases will help us understand how the standard setting organizations work, and how the various players interact Established in 2006, the Searle Center “There is a huge disconnect between with each other in this context.” on Law, Regulation, and Economic theory and evidence in this field,” Professor Daniel F. Spulber, research Growth conducts research into how said Matthew L. Spitzer, the Howard director at the Searle Center and the government regulation, and the inter- and Elizabeth Chapman Professor at Elinor Hobbs Distinguished Professor pretation of laws and regulations by the Northwestern Law and director of the of International Business and Professor courts, affect business and economic Searle Center. “The generally accepted of Management Strategy at the Kellogg growth. It has a dual mission—to study theory states that the very large number School of Management, is the initia- these issues and to communicate the of patents involved in complex tech- tive’s academic director. results of the research to academic and nologies, such as smart phones, should “Scholars will be able to use these policy thought leaders. burden and oppress the manufacturers databases to understand how inventive who are implementing all of the patents. activity occurs, how it is commercial- THE PROJECT ON The need for manufacturers to get per- ized, and what might be done to facili- INNOVATION ECONOMICS mission to use patents and pay royalties tate future innovation,” Spulber said in In 2013, the Searle Center launched on all of those patents should discour- describing the project. the Project on Innovation Economics, a age manufacturers from making the Spulber has edited two special research initiative designed to investi- complex products. The inventors, antici- issues of the Journal of Economics & gate the role of patents and standard- pating the manufacturers’ reticence to Management Strategy with research setting organizations in incentivizing technological innovation by studying how patent laws may—or may not— “This initiative is creating new intellectual hinder technological innovation. assets that will fundamentally alter the nature of During the last two years, Searle Center scholars have created a series the debate about standard setting organizations of related databases to facilitate empiri- and patents.”—DANIEL B. RODRIGUEZ cal research on technology standards, particularly on standard-setting organiza- tions, standard-essential patents, and license and pay royalties on the patents from this initiative, and the Searle market coordination related to stan- involved in complex standards, should Center has hosted a series of confer- dards. These databases provide robust, refuse to invent or to take part in the ences and roundtables to discuss soon-to-be publicly available data that standard setting process. Technological cutting-edge research in this area. researchers are using to understand how progress should slow.” Dr. Justus Baron, who brings inventive activity occurs, how it is com- “And yet,” Spitzer continued, “the expertise in data and empirical work mercialized, and what might be done to evidence that we see in markets for on technology standards and stan- facilitate innovation going forward. complex goods such as smart phones, dards organizations, and Dr. Pere
28 | NORTHWESTERN LAW REPORTER Arqué-Castells, who brings expertise in them as shell companies who do not and after the last major patent reform in data and empirical work on patents, are invent anything but merely buy patents 2011) is essentially a myth.” also working on the project. to sue other innovative companies. In “This research took the air out of calls “This is an important collaboration,” truth, patent assertion entities (‘PAEs’) for more patent reform legislation,” said said Dean Daniel B. Rodriguez. “This represent a wide range of entities, Spitzer. “In studying every patent suit initiative is creating new intellectual including universities, individual inven- filed, David discovered that the rhetoric assets that will fundamentally alter the tors, failed start-ups and companies, and doesn’t match the facts on the ground. nature of the debate about standard speculators. Since many have included This approach—finding out what the setting organizations and patents.” all of these diverse entities within their facts are before you proceed—is at the definition of patent ‘troll’ and kept their core of the Searle Center’s approach to TAKING ON PATENT TROLL data secret, we cannot evaluate the policy formation.” CLAIMS effect of removing individual inventors Schwartz is also interested in entities In June of 2013, former director of the or universities, for instance, from their known as “mass patent aggregators”— National Economic Council and assistant definition. And there is publicly available organizations designed to pursue the to President Obama for economic policy data to suggest removing such entities interests of their investors, goals which Gene Sperling published a post on the would dramatically change their conclu- frequently do not include manufacturing White House blog entitled, “Taking sions. For example, in 2010, we found or research. As with patent assertion on Patent Trolls to Protect American that 20-30% of patent lawsuits filed by entities, mass patent aggregators have Innovation,” in which he penned this dire non-manufacturers were filed by indi- been vilified in the media, and have claim: “In recent years, there has been vidual inventors (or companies formed become a focal point for criticism of the an explosion of abusive patent litiga- and owned by individual inventors). patent system. tion designed not to reward innovation and enforce intellectual property, but to threaten companies in order to extract set- “This approach—finding out what the facts are before tlements based on questionable claims.” But is this really true? you proceed—is at the core of the Searle Center’s Professor David Schwartz, who joined approach to policy formation.”—MATTHEW L. SPITZER the Northwestern Law faculty this year [see related story, page 34], is interested in the economic impact of patent asser- As for the purported explosion in the “Mass patent aggregators, however, tion entities. Schwartz was a patent number of patent lawsuits in the past two are more complex that other research- litigator for ten years before he became years, we have researched the issue and ers have observed,” Schwartz said. a law professor, and he understands that found there has not been any such explo- “The correct analysis of the costs and public discussion—and resulting public sion between 2010 and 2012. Instead, we benefits of these entities is quite com- policy proposals—around these entities find that most of the differences between plicated, and far beyond the simple nar- is often driven by incomplete narratives. the years are likely explained by, and rative based upon whether the owner of He also understands that knowing how attributable to, a procedural legal change the patent manufactures products.” these organizations actually function is adopted in 2011 that required separate In two additional studies, Schwartz critical to informed public policy. lawsuits for each unrelated accused worked with John Allison at the Research he conducted with infringer. Before 2011, multiple, unrelated University of Texas and Mark Lemley Christopher Cotropia of the University accused infringers could be sued together at Stanford to evaluate every substan- of Richmond School of Law and Jay in a single lawsuit. The legal change in tive decision in every patent case filed Kesan of the University of Illinois 2011 appears to have merely introduced in 2008 and 2009. The researchers College of Law suggests that the threat a cosmetic increase in the number of considered patent validity, infringement, is overstated. In an article published lawsuits, while leaving the overall number and unenforceability; as well as litiga- earlier this year, they wrote: of patent holders and accused infringers tion outcomes by industry. “Many of these studies also rely upon largely unchanged. To be sure, data is “This research provides a recent on an overly broad definition of patent complicated, and we do find a modest snapshot of who is winning and who is ‘troll.’ We note that the phrase patent increase in PAE litigation, especially if one losing patent lawsuits,” he explained. ‘troll’ itself is a loaded term, implying an uses a narrow definition of PAEs. But “While most cases settle, patent hold- evil creature demanding tolls from inno- overall, the often-repeated ‘explosion’ of ers only prevail in about one quarter of cent passersby. The press characterizes PAE litigation from 2010 to 2012 (before adjudicated disputes.”
FALL 2015 | 29 FACULTY FOCUS
Does Medical Malpractice Law Affect and economics, his research includes health law, with a particular focus Health Outcomes? on how certain legal and financial incentives affect decision making Professor Frakes Awarded $1.2 Million NIH Grant in health care, and innovation policy, with a focus on the relation- to Study Malpractice and “Defensive Medicine” ship between the financing of the US Patent and Trademark Office What happens to the quality of care delivered when physicians face and its decision-making processes. Frakes holds a BS and a PhD from no threat of malpractice? Does the presence of malpractice pres- the Massachusetts Institute of sure lead to “defensive medicine”—the delivery of tests or treat- Technology and a JD from Harvard Law School. ments that may not necessarily be in the best interest of the patient To conduct this research, Frakes but can serve to shield the physician from threats of liability? These will work with a unique data set from the Military Health System questions directly address two important aspects of the health care (MHS): extensive information on system in the United States: quality of care and cost of treatment. treatment, outcomes, and patient satisfaction from active duty person- nel, dependents, and retirees. The National Institutes of Health awarded Professor Michael “Under federal law, active duty patients who are negligently Frakes a $1.2 million grant to conduct a four-year study entitled, harmed while receiving treatment at military facilities cannot sue “The Impact of Exempting Medical Providers from Malpractice for medical malpractice,” Frakes explained. “But malpractice laws Protection.” The study will examine questions related to the impact do apply to the treatment of dependents and retirees at these same of medical malpractice on health care outcomes. facilities.” These rules, along with certain other features of the Frakes, who will serve as the project’s principal investigator, MHS, provide a crucial input for this study—the observation of a joined the Northwestern Law faculty in 2014. A noted expert in law group of patients whose doctors face no malpractice pressure.
Do State-Level Medical Malpractice Reforms Influence two surveys from the Centers for the Quality of Care a Patient Receives? Disease Control and Prevention. The researchers analyze the effects of medical Over the last several decades, premiums Surprisingly little is known about malpractice law on several nationally for medical malpractice insurance have the relationship between the medical and internationally recognized measures climbed sharply, prompting many states liability system and quality of care, says of inpatient and outpatient healthcare to enact tort reforms—laws that deal with Michael Frakes, an associate professor quality, including risk-adjusted mortal- injuries to people and property—to miti- at Northwestern Law. The research that ity rates for certain medical conditions, gate the costs of medical malpractice litiga- does offer some insight, he added, typi- rates of avoidable hospitalization, and tion. The traditional approach that states cally comes from “studies that focus on rates of medical errors for mothers have employed in response to these devel- the remedy side of things,” such as damage during childbirth. opments is the imposition of caps on dam- caps. More often than not, these studies Their results reveal that damage caps ages awards. Though arguably designed find that tort reforms have little impact on have “at most, a modest role” in altering to address crises in the insurance market, physician behavior. physician practices—findings that are does the reductions in liability pressure In a recent working paper, Frakes consistent with current scholarship. In following such reforms lead, in turn, to and his colleague Anupam Jena of Harvard particular, caps on noneconomic damages, deterioration in health care quality? University consider the question using or damages awarded for pain, suffering,
30 | NORTHWESTERN LAW REPORTER “By comparing health care outcomes for patients that pose no malpractice threat to those of comparable patients who can sue for negligent medical care, we can identify the impact of liability pressure on practice patterns, medical costs, and patient outcomes,” Frakes said. This research is part of a larger body of empirical research on how malpractice law affects health outcomes. In another recent project, Frakes collaborated with Anupam Jena, a professor at
“The research this grant makes possible is of enor- mous importance to the ongoing debate about the effect legal and regulatory structures have on health care delivery in this country.”
—DEAN DANIEL B. RODRIGUEZ
Harvard Medical School, to study how reforms to medical liability standards, along with state-mandated damage caps on malpractice awards, influence physician behavior. [see related article, below] “The research this grant makes possible is of enormous impor- tance to the ongoing debate about the effect legal and regulatory structures have on health care delivery in this country,” said Dean Daniel B. Rodriguez. “This is solid empirical research that will certainly inform policy discussions in useful ways.”Q Michael Frakes
and loss of companionship, do not appear physicians’ care, as opposed to the custom- these moves to local to national standards to affect the quality of care. ary practices of nearby physicians. were sort of really meaningful changes— However, the authors highlight the limi- In states where healthcare quality was we see a sizeable response,” tations of addressing this question solely rated more highly before using national Frakes said. “So one of the takeaways from the lens of a damages cap analysis. standards, adopting national standard [of our study] is that it might be a little Legislatures can modify tort rules in ways laws did not seem to change the quality of premature to say that physicians are beyond just limiting the extent of the harm care. In states that initially had low-quality universally unresponsive to medical posed by the current system. They may care, however, adopting national standards liability based solely on the results of attempt to adopt a new system altogether— was linked to improvements in all of the those studies exploring responses to for instance, a system that sets the stan- quality measures. damages caps.”Q dards to which physicians are held in an Their findings offer a more revealing entirely different light. Scholars know even look into how doctors respond to next- less about how physicians would respond generation reforms to malpractice laws that Original story courtesy of Northwestern to reforms of this nature. Frakes and Jena alter the clinical expectations being placed University’s Institute for Policy Research, fill this gap in knowledge by testing for on physicians. where Frakes is a faculty fellow. The paper changes in healthcare quality when states “When we change the structure to a can be found at http://papers.ssrn.com/sol3/ moved to national standards in assessing meaningful degree—and we argue that papers.cfm?abstract_id=2374599.
FALL 2015 | 31 FACULTY FOCUS
Bowman and Hughes Recognized Bienen to be Honored Guest at Literary as Legal Legends Awards Dinner
The American Constitution Society for Law and Leigh Bienen, a senior Policy Chicago Chapter honored two members of the lecturer at Northwestern Northwestern Law faculty at their 2015 Legal Legends Law, will be an honored Luncheon on July 28. Joyce A. Hughes, professor of guest at the Chicago Public law, and Locke E. Bowman, clinical professor of law Library Foundation’s 16th and executive director of the Roderick and Solange Annual Carl Sandburg MacArthur Justice Center, were two of the four honor- Literary Awards Dinner on ees recognized for their careers and for their commit- October 21, 2015, an event ment to the values of the United States Constitution, celebrating Chicago’s vibrant individual rights and liberties, genuine equality, access literary community. to justice, democracy and the rule of the law. Bienen’s most recent book, Now in its 10th year, the Legal Legends Luncheon has Leigh Bienen Florence Kelley, Factory recognized notable legal professionals including Dawn Inspector in 1890s Chicago, Clark Netsch (JD ’52), Newton N. Minow, (JD ’50), and and the Children, is a detailed account of Florence Kelley’s social and legal Cook County Board President Toni Preckwinkle. activism in Chicago and throughout the state of Illinois. Bienen had previ- Hughes became the first black female tenure-track ously created the Florence Kelley website, (florencekelley.northwestern professor at a majority law school in the United States .edu) which includes historical documents, health and labor reports, and in 1971. She has been a member of the Northwestern transcripts of legal materials. Law faculty for nearly forty years, teaching Evidence, Kelley, a 1895 graduate of Northwestern Law, was the first woman to hold the Fourteenth Amendment, and a seminar on statewide office in Illinois—she was appointed to the post of Chief Factory Refugees and Asylum. Inspector by Governor John Peter Altgeld in 1893. A tireless activist for child Bowman has worked on a wide array of civil rights workers and women’s education, her efforts had a profound impact on labor cases over the course of his career. A faculty member at law and social history. Her principal adversary in Chicago was the brilliant Northwestern Law for the past nine years, Bowman’s liti- attorney Levy Mayer. After leaving Chicago, Florence Kelley and her col- gation work has addressed many criminal justice issues league at the National Consumers League, Josephine Goldmark, invented the including police misconduct, compensation of the wrong- “Brandeis Brief” for advocate Louis Brandeis in a landmark labor case, Muller fully convicted, and firearms control, among others. v. Oregon, which they won before the United States Supreme Court in 1908. The American Constitution Society for Law and Policy In researching Florence Kelley’s work and life, Bienen discovered that shapes the debate on legal and constitutional issues by none of the existing biographies thoroughly covered her important contri- building a network of legal professionals dedicated to the butions as the first chief factory inspector in Illinois. “None, in my opinion, idea that the law should improve the lives of all people.Q conveyed the richness of the historical context surrounding the effort to reform conditions in Chicago sweatshops and tenements. The writings and legacy of contemporaneous figures such Jane Addams, Henry Demarest Locke Bowman Joyce Hughes Lloyd, and Theodore Dreiser were also inspiring,” Bienen said. “They accomplished so much at a time when women didn’t even have the vote.” Prior to joining the Northwestern Law faculty in 1995, Bienen worked for the Department of the Public Advocate in New Jersey. Her areas of exper- tise include homicide research, capital punishment, sex crimes, and rape reform legislation. Before joining the faculty at Northwestern, she taught at Princeton University, the University of Pennsylvania, and the University of California, Berkeley. Authors honored at the Carl Sandburg Literary Awards in the past have included: Scott Turow, Sara Paretsky, Elizabeth Berg, Sandra Cisneros, David Axelrod, and Clarence Page. This year, composer, lyricist and author Stephen Sondheim and local novelist Eric Charles May will also be recognized.Q
32 | NORTHWESTERN LAW REPORTER New Rotating Chair Appointments
Four Northwestern Law faculty members have been appointed The Stanford Clinton Research Professorship was established rotating chair holders for the 2015–2016 academic year. in 1984 by Stanford Clinton, a graduate of the Class of 1931, and Katherine Litvak has been named the Benjamin Mazur Zylpha Kilbride Clinton. Summer Research Professor of Law. Litvak joined the Law Sarah O’Rourke Schrup has been named the Harry B. Reese School in 2009. Her areas of expertise include venture capi- Teaching Professor of Law. She is also the director and founder tal, private equity, corporate and securities law, and corporate of the Bluhm Legal Clinic’s Appellate Advocacy Center, which finance. She previously served as an assistant professor at includes the Federal Appellate Clinic and the Supreme Court the University of Texas School of Law, as a clerk for both the Clinic. Prior to joining the Law School in 2004, she clerked for Honorable Ralph K. Winter of the US Court of Appeals for the the Honorable Ruben Castillo of the Northern District of Illinois, Second Circuit and the Honorable Frank H. Easterbrook of the served as a staff law clerk for the US Court of Appeals for the
Katherine Litvak Janice Nadler Sarah O’Rourke Schrup James Speta
US Court of Appeals for the Seventh Circuit, and as a John Seventh Circuit, and practiced with Kirkland & Ellis LLP. She M. Olin Fellow in Law and Economics at Columbia Law School. earned a BS from Georgetown University and a JD from the She earned a BA from the University of California, Los Angeles; University of Michigan. an MA from Harvard University; and a JD from Stanford The Harry B. Reese Teaching Professorship was established Law School. in 1993 by various donors in honor of former Law School faculty The Benjamin Mazur Summer Research Professorship was member Harry Reese. established in 1994 by the estate of 1993 graduate Benjamin Mazur James Speta has been named the Class of 1940 Research Professor to provide summer research support. of Law. He is also senior associate dean for academic affairs and Janice Nadler has been named the Stanford Clinton Research international initiatives and director of Northwestern Law’s execu- Professor of Law. Nadler, who also serves as the associate dean tive LLM programs. His research interests include telecommunica- for faculty affairs, has been a member of the Northwestern Law tions and Internet policy, antitrust, administrative law, and market faculty since 2000. Her research focuses on criminal law, social organization. Before joining the faculty in 1999, he clerked for Judge norms and compliance with the law, and negotiation and dispute Harry T. Edwards on the US Court of Appeals for the DC Circuit resolution. She holds a joint appointment as a research fellow with and practiced appellate, telecommunications, and antitrust law with the American Bar Foundation. She earned a BA from Cornell the Chicago firm Sidley Austin LLP. He earned a BA and a JD from University; a JD from the University of California, Berkeley; and the University of Michigan. a PhD in social psychology from the University of Illinois at Members of the Class of 1940 established this chair in 1991 on the Urbana-Champaign. occasion of their 50-year Law School reunion.Q
FALL 2015 | 33 FACULTY FOCUS
New Research Faculty Two distinguished scholars will join Northwestern Law in 2014–15, enhancing the diversity of interests and expertise that distinguish the school’s faculty.
also completed a fellowship in health physician assisted suicide, or abortion, policy, law, and medicine at the University or organ sales, or requiring a person to of Pennsylvania before joining the purchase health insurance,” she said. “I’m Northwestern Law faculty. really looking forward to those conversa- “I started researching the shift from tions with students.” institutional mental health care to com- Player’s commitment to these issues munity mental health care,” she continued. extends beyond the classroom walls. “And I started thinking about what reform- During her postdoctoral work at the ers intended to achieve and what actually University of Pennsylvania, she served as happened.” a street outreach volunteer with Project Critics of current mental health policy HOME, a Philadelphia-based nonprofit often blame the high rates of homelessness dedicated to ending homelessness, and among the mentally ill on the changes in she is eager to uncover similar opportu- laws involving involuntary commitment nities within the Northwestern Law and that took place in the 1970s. But instead of Chicago communities.”Q Candice Player just asking what the standards should be, ASSISTANT PROFESSOR OF LAW Player is interested in why the law allows for certain exceptions when dealing with the David Schwartz AB, Harvard College mentally ill. PROFESSOR OF LAW JD, Harvard Law School “Ordinarily someone has to be convicted BS, University of Illinois at Urbana-Champaign MPhil, University of Cambridge of a crime, or at least charged with a JD, University of Michigan Law School PhD, Ethics and Health Policy, crime, before you can lock them up— Harvard University unless they are mentally ill, in which case With an engineering background and Candice Player first became interested in you can detain a person in advance of a ten years of experience practicing patent how the law deals with mentally ill indi- crime they might commit,” she said. “It law, David Schwartz entered academia to viduals when she was an undergraduate made me wonder, what is it about mental conduct the kind of empirical research he student at Harvard University. illness that would justify an exception to found so valuable in his practice. “I remember walking around Harvard the rule that we ordinarily wait for someone “There are so many interesting issues Square and seeing lots of people who were to be convicted of a crime before you can in patent law,” he said. “Empirical stud- clearly mentally ill and poor, asking for detain them?” ies relating to patent litigation are of change, and I wondered ‘How did that These are the types of questions Player importance right now to policymakers, happen? What went wrong?’” Player said. plans to tackle in her research and her and they’re also useful and important to “Lots of important public policy issues in teaching. She is working on a series of practitioners.” the United States are heavily contested, but articles that together will provide a compre- Schwartz’s current research focuses on I think we can all agree it’s clearly wrong for hensive look at the mental health system in comparing “patent trolls” or patent asser- somebody who has a mental illness to be in the United States—the cost, quality, coordi- tion entities— “companies that don’t make the streets and in need of food and shelter.” nation of, and access to care. She is similarly any products and intend to make money She continued investigating these issues excited to tackle tough questions with her from asserting their patent portfolio” as he throughout her academic career, earning students when she teaches Bioethics and describes them—to companies that own a JD and a PhD in ethics and health policy Law this fall. patents and do make products. at Harvard and an MPhil in criminol- “I’m always so interested in what people’s “I’m trying to understand in a little bit ogy from Cambridge University. Player intuitions are about hard questions around more nuanced manner how they’re different
34 | NORTHWESTERN LAW REPORTER Newly Tenured Faculty
Peter DiCola PROFESSOR OF LAW SEARLE RESEARCH FELLOW DiCola’s current research focuses on intellectual property law, especially music copyright. He joined the faculty in 2008, after clerking for the Honorable Thomas L. Ambro of the US Court of Appeals and how they’re similar, why they’re differ- for the Third Circuit. He earned an AB ent and why they’re similar,” he explained. from Princeton University, and a JD and Some charge that patent assertion entities a PhD in economics from the University mainly bring frivolous charges of infringe- of Michigan. ment, seek nuisance fee settlements, and settle the cases quickly to avoid adjudica- Joshua Fischman tion of their claims on the merits. However, PROFESSOR OF LAW the empirical evidence on this critical Fischman’s research focuses on law and charge is lacking and needs further study. economics, empirical methods, judicial Schwartz is a co-editor of Volume II of decision making, and criminal sentencing. the Research Handbook on the Economics He joined the faculty in 2012. Previously, of Intellectual Property Law, which surveys he was an associate professor at the analytical methods for understanding and University of Virginia School of Law and testing hypotheses about the economic and an assistant professor in the economics related effects of intellectual property law. department at Tufts University. He earned Earlier this year he hosted a conference an AB from Princeton University, a JD that brought together over thirty legal and from Yale Law School, and a PhD in eco- economics scholars from across the globe to nomics from the Massachusetts Institute work on the book. of Technology. Schwartz taught at Northwestern Law as a visiting professor in 2014, and is Ezra Friedman looking forward to reengaging with the PROFESSOR OF LAW faculty and students. He will teach Friedman’s research applies law and eco- Intellectual Property. nomics to legal doctrine in fields such as “I’m interested in being part of a vibrant insurance and tort law. His current work scholarly community of other academics as uses formal economic theory to create well as being among great, smart, interest- proposals for evaluating an insurer’s duty ing students. I taught here as a visitor a year to settle, and a framework for tort liabil- ago and the students are just fantastic— ity for injuries from generic drugs. He that’s what I think I’m most excited about.” joined the faculty in 2008, after serving as Prior to joining Northwestern Law, a visiting lecturer at Yale University and Schwartz was on the faculty at IIT Chicago- as a staff economist at the Federal Trade Kent College of Law, where he served as co- Commission. He is the chair elect of the director of the Center for Empirical Studies Association of American Law Schools of Intellectual Property. He also taught at Section on Insurance Law. He earned a BA John Marshall Law School, and worked at from Haverford College, a JD from Yale several Chicago law firms prior to teaching, Law School, and a PhD in economics from beginning his career at Jenner & Block.Q the Massachusetts Institute of Technology.
FALL 2015 | 35 FACULTY FOCUS
Robert Burns Max Schanzenbach Kim Yuracko
New Endowed Chair Appointments
Three Northwestern Law faculty members have been joined the faculty in 2003, served as the director of the appointed to endowed chairs, effective at the beginning of Searle Center on Law, Regulation, and Economic Growth the 2015–2016 academic year. from 2010–2013, and has been the co-editor in chief of Robert Burns has been named to the William W. Gurley the American Law and Economics Review since 2012. He Memorial Professorship. Burns joined the faculty in 1980. earned a BA from the University of Oklahoma, and a JD He teaches evidence and professional responsibility in and PhD in economics from Yale University. the Bartlit Center for Trial Advocacy and courses in civil, The Seigle Family chair was established earlier this criminal, and administrative procedure. He has received year by Harry J. Seigle, a member of the class of 1971, the Dean’s Teaching Award and the Robert Childress the founder of the Elgin Company, and a noted Chicago Memorial Award for Teaching Excellence multiple times. civic leader. Recently, he authored Kafka’s Law: The Trial and American Kim Yuracko has been named to the Judd and Mary Justice (University of Chicago, 2014). He earned an AB Morris Leighton Chair. Her primary research interests are at Fordham University, and a JD and a PhD from the in antidiscrimination law with a focus on sex discrimina- University of Chicago. tion in employment and gender equity in education, and The William W. Gurley Memorial Professorship was she teaches courses in employment law, property, and established in 1975 through a bequest from Helen K. family law. She joined the faculty in 2002, and has served Gurley in memory of her father, a distinguished member as both associate dean for academic affairs and interim of the Chicago Bar and general counsel to a number of dean of the Law School. She earned a BA, a JD, and a PhD major business firms. in political science from Stanford University. Max Schanzenbach has been named the first Seigle Judd and Mary Morris Leighton established the chair in Family Professor of Law. Schanzenbach’s research is pri- 1989. Mr. Leighton, a member of the class of 1947, is retired marily empirical and has ranged across such fields as trusts from positions including chairman and chief executive and estates, criminal sentencing, public sector employ- officer of Benicia Industries Inc., and as a director on sev- ment, and tort reform’s impact on healthcare markets. He eral corporate boards.Q
36 | NORTHWESTERN LAW REPORTER New Professors of Practice
Bruce Markell PROFESSOR OF BANKRUPTCY LAW AND PRACTICE Before joining the faculty in 2014 as a visiting profes- sor, Markell was the Jeffrey A. Stoops Professor of Law at Florida State University’s School of Law. Before that, he served as a United States Bankruptcy Judge for the District of Nevada from 2004 to 2013, and as a member of the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals from 2007 to 2013. He was a tenured professor before taking the bench, and was a partner at Sidley & Austin prior to becoming a full-time academic in 1990. He contributes to Collier on Bankruptcy and is a member of Collier’s editorial advisory board. He is a fellow of the American College of Bankruptcy, a charter member of the International Insolvency Institute, a conferee of the National Bankruptcy Conference, and a member of the American Law Institute. He consults regularly with the International Monetary Fund on insolvency-related issues, and is currently engaged in redrafting Kosovo’s bankruptcy law. He earned a BA from Pitzer College and a JD from the University of California, Davis.
Robert Wootton PROFESSOR OF PRACTICE Wootton joined the faculty in 2006 as a senior lecturer, and was an adjunct professor from 1987–1989. A partnership tax scholar, he brings to the classroom insights gleaned over almost twenty-five years in private prac- tice at Sidley & Austin and successor part- nerships and as the Tax Legislative Counsel for the US Treasury Department during the George H.W. Bush Administration. Wootton has served as chairman and com- mittee member for the University of Chicago Law School Federal Tax Conference, is a fellow with the American College of Tax Counsel, and has won the teaching award from the LLM Tax Program students at Northwestern Law six times. He earned a BA and a JD from Yale University, and a BPhil from Oxford University.
FALL 2015 | 37 FACULTY FOCUS
New Clinical Faculty Visiting Faculty 2015–16
Vanessa del Valle Yitzhak Benbaji CLINICAL ASSISTANT PROFESSOR OF LAW VISITING PROFESSOR OF LAW &(FALL 2015) Del Valle joins the Bluhm Legal Clinic in Fall 2015 after BA, PhD, Hebrew University of Jerusalem a two-year clerkship with Northern District of Illinois Yitzhak Benbaji is an associate professor at Tel-Aviv University Law Chief Judge Ruben Castillo. While in law school, she School, where he teaches ethics, political philosophy, and jurisprudence. participated in Stanford’s community and criminal Previously, Benbaji taught at Bar-Ilan University in Israel. He was also a defense clinics and completed a summer associateship senior fellow at the Shalom Hartman Institute, a member at the Institute at Skadden, Arps, Slate, Meagher & Flom LLP in New for Advanced Study at Princeton University, and a global ethics fellow York. She earned a BA from Yale University and a JD with the Carnegie Council for Ethics in International Affairs. from Stanford University. Sarah Lawsky Andrea Lewis VISITING PROFESSOR OF LAW (FALL 2015) CLINICAL ASSISTANT PROFESSOR OF LAW AB, University of Chicago Lewis joined the Center on Wrongful Convictions JD, Yale University in 2013, serving as a clinical fellow for the Women’s LLM Taxation, New York University Project until September 2015, when she was appointed Sarah Lawsky is a professor of law and the senior associate dean for clinical assistant professor of law and became a per- academic affairs at the University of California, Irvine School of Law, manent member of the Center’s staff. Prior to working and an adjunct professor of law at New York University School of Law. at the Center, she was an associate in the labor and An expert in tax law, she co-authored the fourth edition of the Federal employment group at Vedder Price PC in Chicago, Income Taxation (Aspen Casebook, 2015). She previously taught at where she represented clients in state and federal George Washington University, and prior to entering academia, she matters as well as working on pro bono projects. She worked at the law firm of Hogan & Hartson LLP, where she provided tax earned a BA from Lawrence University and a JD from advice to corporations, LLCs, tax-exempt organizations, and high-net- Northwestern University. worth individuals.
38 | NORTHWESTERN LAW REPORTER Pierre Legrand His recent work has focused on community standards used in VISITING PROFESSOR OF LAW (SPRING 2016) tort, &contract, and obscenity jurisprudence. He currently BCL and LLB, McGill University serves as an associate editor of the interdisciplinary journal DEA and PhD, Université Panthéon–Sorbonne Mathematical Social Sciences. He joins the faculty at the Searle MLitt, University of Oxford Center on Law, Regulation, and Economic Growth at the Law PhD, Lancaster University School for the upcoming academic year. Pierre Legrand is professor of law at the Université Panthéon– Sorbonne, where he is responsible for the postgraduate program Simone M. Sepe on globalization and legal pluralism after serving for ten years as VISITING PROFESSOR OF LAW (FALL 2015) director of postgraduate comparative legal studies. Legrand has JSD, LLM, Yale Law School held visiting professorships at a number of universities and has PhD, M.Sc., Toulouse School of Economics taught and lectured in more than twenty countries, including the PhD, University of Siena United States, Canada, Australia, China, Brazil, Singapore, and JD, LUISS Guido Carli University European nations. His teaching and writing focus on comparative Simone Sepe is a professor of law at the James E. Rogers legal studies with reference to theoretical issues arising from com- College of Law &at the University of Arizona where he parative interventions. He publishes in English and French, and teaches courses in business and finance. His research his work has been translated into other languages. examines questions in corporate law, contract theory, and financial regulation with recent work focusing on corporate Alan D. Miller governance and the division of power between boards and VISITING PROFESSOR OF LAW (2015–2016) shareholders. Sepe practiced banking and finance law at BA, University of California, Berkeley Clifford Chance, an international law firm based in London, JD, Northwestern University and worked as an investment banker at Fortress Investment PhD, California Institute of Technology Group in London and New York. He is program director in Alan D. Miller is a senior lecturer in the faculty of &law and law at the IAST - Fondation Jean-Jacques Laffont - TSE in department of economics at the University &of Haifa. He studies Toulouse and co-director of the University of Arizona’s Center legal institutions using tools &from mathematical economics. for Law and Philosophy.
FALL 2015 | 39 FACULTY
“Does Tort Reform Affect Physician Supply? Faculty Publications Evidence from Texas.” International Review of Law and Economics (with David A. Hyman, The Northwestern Law faculty produces world-class scholarship Charles Silver, and Myungho Paik). 2015. “Why Does Corporate Governance Affect Firm on a diverse range of contemporary legal issues. The following Value: Evidence on a Self-Dealing Channel from a Natural Experiment in Korea.” Journal is a selection of scholarly works by residential faculty published of Banking and Finance (with Woochan Kim, between July 1, 2014, and June 30, 2015. Hasung Jang, and Kyung-Suh Park). 2015. “Methods for Multicountry Studies of Corporate Governance: Evidence from the BRIKT Countries.” Journal of Econometrics (with Ronald J. Allen Michael Barsa Antonio Gledson de Carvalho, Vikramaditya JOHN HENRY WIGMORE SENIOR LECTURER Khanna, Woochan Kim, and B. Burcin Yurtoglu). 2014. PROFESSOR OF LAW “A Climate Change Lens on the “A Proposed Evidence Dormant Commerce Clause, “Unbundling and Measuring Tunneling.” Law.” Boston University Lifecycle GHGTaxes, and University of Illinois Law Review (with Vladimir International Law Journal. In-State RPS Requirements.” Atanasov and Conrad Ciccotello). 2014. 2015. San Diego Journal of Climate “Reforming the Law of Evidence of Tanzania and Energy Law (with David Dana). 2014. Deborah L. Borman (Part Three): The Foundations of the Law of CLINICAL ASSISTANT Evidence and Their Implications for Developing Sheila Bedi PROFESSOR OF LAW Countries.” Boston University International Law CLINICAL ASSOCIATE “The Millennials Challenge: Journal. 2015. PROFESSOR OF LAW Equalizing the Values Triad “Ignoring Issues of Morality or Convicting “Violence Against Women Won’t in Professional Identity the Innocent: Is Capital Punishment a Become History Until Mass Formation.” The Learning Good Idea or a Bad Idea?” Texas Tech Law Incarceration Is.” Truthout. 2015. Curve. 2015. Review. 2014. “Seeking Transformative “Fast Track Your Mindset: Engineering Justice in Ferguson, Dearborn, and Beyond.” Confidence and Streamlining Feedback Karen J. Alter Huffington Post. 2014. for Full Steam Success in Legal Practice.” University of San Francisco Law Review. PROFESSOR OF LAW “Pregnant Women and Immigrant Children: The Latest 2015. (BY COURTESY) Victims of Mass Imprisonment?” Truthout. 2014. “How Context Shapes the Authority of International Robert P. Burns Herbert Beller Courts.” Law and WILLIAM W. GURLEY Contemporary Problems. SENIOR LECTURER PROFESSOR OF LAW Duke Law School Public Law and Legal Theory “The Tax Section Distinguished “Some Limitations of Series (with Laurence Helfer and Mikael Rask Service Award: Twenty Years Experimental Psychologists’ Madsen). 2015. of History.” Tax Lawyer. 2014. Criticisms of the American “Backlash Against International Courts in Trial.” Chicago–Kent Law West, East and Southern Africa: Causes Review. 2015. and Consequence.” iCourts Working Paper Series Leigh Bienen Cranbrooke v. Intellex: Case File (with Steven (with James Thuo Gathii and Laurence Helfer). SENIOR LECTURER Lubet, John T. Baker, Terre Rushton, and James H. 2015. Florence Kelley, Factory Seckinger). NITA. 2015. Inspector in 1890s Chicago, Kafka’s Law: “The Trial” and American Criminal Esther S. Barron and the Children. Open Justice. University of Chicago Press. 2014. CLINICAL PROFESSOR Books. 2014. OF LAW Steven G. Calabresi “A Closer Look at Distance Bernard Black CLAYTON J. AND HENRY Learning: The Law and the NICHOLAS D. CHABRAJA R. BARBER PROFESSOR Entrepreneur MOOC.” Lewis PROFESSOR OF LAW OF LAW and Clark Law Review (with AND BUSINESS Stephen F. Reed). 2015. “On Liberty and the “The Economics of Plaintiff Fourteenth Amendment: The “Experiencing Business Associations in the Side Personal Injury Practice.” Original Understanding of the Classroom.” Saint Louis University Law Journal. University of Illinois Law Review Lockean Natural Rights Guarantees.” Texas Law 2015. (with David Hyman and Charles Silver). 2015. Review. 2015.
40 | NORTHWESTERN LAW REPORTER “Judge Robert H. Bork and Professor Bruce “A Climate Change Lens on the Dormant Joshua Fischman Ackerman: An Essay on the Tempting of America.” Commerce Clause, Lifecycle GHGTaxes, and PROFESSOR OF LAW Ave Maria Law Review (with Justin Braga). 2015. In-State RPS Requirements.” San Diego Journal “The Economic Perspective “The Rule of Law as a Law of Law.” Notre Dame of Climate and Energy Law (with Michael Barsa). 2014. on Sentencing.” Loyola Law Review (with Gary Lawson). 2014. University of Chicago Law “On Liberty, Equality, and the Constitution: A Journal. 2014. Review of Richard A. Epstein’s ‘The Classical Shari Seidman Liberal Constitution.’” New York University Journal Diamond of Law and Liberty. 2014. HOWARD J. TRIENENS Michael Frakes PROFESSOR OF LAW ASSOCIATE “Originalism and Brown v. Board of Education.” PROFESSOR OF LAW Michigan State Law Review (with Michael W. Perl). “Juries” in International 2014. Encyclopedia of the Social “The Surprising Relevance and Behavioral Sciences, 2nd of Medical Malpractice edition. Elsevier. 2015. Law.” University of Chicago Alyson Carrel Law Review. 2015. CLINICAL ASSISTANT “Trademark Surveys: An Undulating Path.” Texas “Does the U.S. Patent and Trademark Office PROFESSOR OF LAW Law Review (with David Franklyn). 2014. Grant Too Many Bad Patents?: Evidence from “Choosing ADR Careers at the “Causally Valid Relationships That Invoke the a Quasi-Experiment.” Stanford Law Review. Start.” Dispute Resolution Wrong Causal Agent: Construct Validity of the 2015. Magazine. 2015. Cause in Policy Research.” Journal of the Society for Social Work and Research (with Thomas C. Cook and Yang Tang). 2014. Ezra Friedman Charlotte Crane “The Hidden Daubert Factor: How Judges Use PROFESSOR OF LAW PROFESSOR OF LAW Error Rates in Assessing Scientific Evidence.” “A New Angle on Rules “Review of American Tax Wisconsin Law Review (with John Meixner). 2014. Versus Standards.” Resister (2014).” Law and American Law and History Review. 2015. Economics Review (with Peter DiCola “Maintaining Class Actions in Abraham Wickelgren.) PROFESSOR OF LAW Tax Cases: Why Have Federal 2014. Litigants Been So Much Less Successful?” “Valuing Control.” Michigan Pittsburgh Tax Review. 2014. Law Review. 2015. Thomas Geraghty “Foreword: 100 Years Under the Income Tax.” CLASS OF 1967 Northwestern University Law Review. 2014. JAMES B. HADDAD PROFESSOR OF LAW Anthony D’Amato Steven A. Drizin Reconsidering Access JUDD AND MARY MORRIS CLINICAL PROFESSOR to Justice in Ethiopia: LEIGHTON PROFESSOR OF LAW Towards A Human Rights- Based Approach (with Pietro Toggia and OF LAW EMERITUS “Juvenile Justice Kokebe Jemaneh). Center for Human Rights, Investigation: Narrative “Anthony D’Amato Responds.” Addis Ababa University. 2014. American Journal of Contamination, Cultural International Law. 2014. Stereotypes, and the Tonja Jacobi “Groundwork for International Law.” American Scripting of Juvenile False Confessions” in Journal of International Law. 2014. Examining Wrongful Convictions: Stepping Back, WILLIAM G. AND Moving Forward, edited by Allison D. Redlich, VIRGINIA K. “In Memoriam: John H. Mansfield the Best James R. Acker, Robert J. Norris, and Catherine KARNES RESEARCH Classroom Teacher in the World.” Harvard Law PROFESSOR OF LAW Review. 2014. L. Bonventre (with Laura Nirider and Joshua Tepfer). Carolina Academic Press. 2014. “Criminal Innovation and the Warrant Requirement: David Dana Reconsidering the Rights-Police Efficiency Zev Eigen KIRKLAND & ELLIS Trade-Off.” William and Mary Law Review. PROFESSOR OF LAW ASSOCIATE PROFESSOR 2015. OF LAW “Why Do We Have the Parcel- “The Attrition of Rights Under Parole.” Southern as-a-Whole Rule?” Vermont “Norm Shifting by Contract.” California Law Review (with Song Richardson Law Review. 2015. Southwestern Law Review. and Gregory Barr). 2014. 2014. “Public, by Necessity.” Seattle “Strategic Judicial Preference Journal for Social Justice (with Nadav Shoked). “When Rules Are Made to Be Broken.” Revelation.”Journal of Law and Economics 2014. Northwestern University Law Review. 2014. (with Alvaro Bustos). 2014.
FALL 2015 | 41 FACULTY
Emily Kadens Andrew Koppelman “Theorists, Get Over Yourselves: A Response to PROFESSOR OF LAW JOHN PAUL STEVENS Steven D. Smith.” Pepperdine Law Review. 2014. “The Medieval Law Merchant: PROFESSOR OF LAW “The Hobby Lobby Decision was a Victory for The Tyranny of a Construct.” “The Piety of My Negative Human Rights.” New Republic Online. 2014. Judaism.” Rutgers Journal of Journal of Legal Analysis. “The Supreme Court’s Hobby Lobby Decision Just 2015. Law and Religion. 2015. Got a Whole Lot Worse.” New Republic Online. “Gender, the Gay Marriage 2014. Jonathan Koehler Fight’s Missing Piece.” USA Today (with Ilya Somin). 2015. “Obamacare Opponents are Hurting 4.5 Million BEATRICE KUHN Workers to Win a Political War.” New Republic PROFESSOR OF LAW “The Supreme Court Made the Right Call on Online. 2014. “Forensic Fallacies and a Marriage Equality—But They Did It the Wrong “Beyond Levels of Scrutiny: Windsor and ‘Bare Famous Judge.” Jurimetrics Way.” Salon. 2015. Desire to Harm.’” Case Western Law Review. Journal. 2014. “Traditional Marriage Gets a SCOTUS Smackdown.” Salon. 2015. 2014. Eugene Kontorovich “A Slightly Modest Proposal.” New Republic Online. “‘Religion’ as a Bundle of Legal Proxies: Reply to Micah Schwartzman.” San Diego Law Review. PROFESSOR OF LAW 2015. 2014. “A Court’s Collapse: The “Nonexistent and Irreplaceable: Keep the International Criminal Court Religion in Religious Freedom.” Commonweal. “Ronald Dworkin, Religion, and Neutrality.” Boston Gives up on its Prosecution 2015. University Law Review. 2014. of Kenyan President Uhuru “Six Overrulings.” Michigan Law Review. 2015. “Invisible Women: Why an Exemption for Hobby Kenyatta.” National Review “Anthony Kennedy’s Twisted Logic: Why SCOTUS Lobby Would Violate the Establishment Clause.” Online. 2014. May Get Obamacare Right—and Wrong.” Salon. Vanderbilt Law Review En Banc (with Frederick “Three International Courts and Their 2015. Mark Gedicks). 2014. Constitutional Problems.” Cornell Law Review. “Passive Aggressive: Scalia and Garner on “Left-Evangelicalism and the Constitution.” 2014. Interpretation.” Boundary 2. 2014. Harvard Law Review Forum. 2014.
BOOK EXCERPT Kafka’s Law: The Trial and American Criminal Justice
BY ROBERT P. BURNS University of Chicago Press, 2014
“The Trial is actually closer to reality than fantasy as far as the client’s perception of the system. It’s supposed to be a fantastic allegory, but it’s reality. It’s very important that lawyers read it and understand this.” —Justice Anthony Kennedy In The Trial, Kafka depicts a recognizably modern man living in a modern society, a man largely defined publicly by his economic role and privately by his fears and desires. He does not seem to have a place to stand outside that system, has no “interiority” except the generalized guilt he feels when the system accuses him. When the system of which he is a mere functionary turns against him, he can hardly complain. A spokesman explains, “The law … receives you when you come and dismisses you when you go.” (His colleagues and family members in effect shrug and accept that Josef K. has “his process,” as if it were a natural condition to be expected.) He becomes the confused target of a system intent on his destruction. The trial process advances like a natural process. “The Court” has relatively little concern for what he had done, but seems very interested in whether he shows sufficient deference, servility really, toward the process itself. And these surmises
42 | NORTHWESTERN LAW REPORTER Katherine Litvak “Respecting Palestinians or Demonizing Israel.” “Et Tu Ralph?: More on Motors Liquidation, BENJAMIN MAZUR Chicago Tribune. 2015. and a Bonus on Attorney’s Fees in Appeals of SUMMER RESEARCH “Denial of Murder Conspiracy Raises Even More Involuntary Bankruptcies.” Bankruptcy Law PROFESSOR OF LAW Questions.” New Republic. 2015. Letter. 2015. “Defensive Management: “Did This Acclaimed Sociologist Drive “Oops: Official Comm. of Unsecured Creditors Does the Sarbanes-Oxley Act the Getaway Car in a Murder Plot?” New of Motors Liquidation Co. v. JPMorgan Chase Discourage Corporate Risk- Republic. 2015. Bank, N.A. (In re Motors Liquidation Co.)” Taking?” University of Illinois Law Review. 2014. Bankruptcy Law Letter. 2015. “Scalia’s Torture Debacle.” Salon. 2014. Contracts: Making and Doing Deals, “Stupid Juror Questions?” American Journal Steven Lubet 4th edition (with David G. Epstein and of Trial Advocacy (with Kevin Chang). 2014. Lawrence Ponoroff). West Academic Group. EDNA B. AND EDNYFED 2014. H. WILLIAMS MEMORIAL “Priest’s Letter Blamed Israel for Treatment PROFESSOR OF LAW of Jews.” Hartford Courant. 2014. “Ponzi Scum: Janvey v. Brown and the “The Hateful Nature of a Scholar’s Tweets.” Reluctance to Examine First Principles.” “Let Us Pour Some Cold Water Chicago Tribune. 2014. Bankruptcy Law Letter. 2014. on That California Sunshine.” Chicago Tribune. 2015. “Homonym Horrors: De Novo Review and Executive Benefits Insurance Agency v. Cranbrooke v. Intellex: Case File (with Robert P. Bruce A. Markell Arkison. Bankruptcy Law Letter. 2014. Burns, John T. Baker, Terre Rushton, and James H. PROFESSOR OF Seckinger). NITA. 2015. BANKRUPTCY LAW AND PRACTICE Modern Trial Advocacy: Analysis and Practice, 5th John O. McGinnis edition (with J.C. Lore). National Institute for Trial Bankruptcy: Dealing GEORGE C. DIX Advocacy. 2015. with Financial Failure PROFESSOR IN for Individuals and CONSTITUTIONAL LAW “Ethics on the Run.” The New Rambler Review. 2015. Businesses, 4th edition (with David G. Epstein, “Why Progressives “Pamela Geller is Not ‘Morally Responsible’ for the Steve Nickles, and Lawrence Ponoroff). West Mislead.” City Journal. Terrorist Attack in Texas.” New Republic. 2015. Academic Group. 2015. 2015. “Constitutional Revolution: A Study of How the Federalist Society Helped to Revive and Spread the Originalist View of the Constitution.” Wall Street Journal. 2015. “Public Choice Originalism: Bork, Buchanan, and the Escape from the Progressive Paradigm.” Journal of Law, Economics, and can only be guesses, because the motivations of his pursuers are hidden, as are the Policy. 2014. issues to which he could address any counterarguments. “An Originalist Future.” Engage: Journal of Kafka does portray a nightmare. That nightmare emerged in his imagination the Federalist Society Practice Groups (with Michael B. Rappaport). 2014. from his experience with a modern bureaucratic legal system in a capitalist country “Machines v. Lawyers.” City Journal. 2014. during the second decade of the twentieth century. Twenty years later, the night- Originalism and the Good Constitution. mare became reality through the awful exaggeration of certain features implicit in Harvard University Press (with Michael B. the system he knew. Rappaport). 2013. We shouldn’t expect to see in our legal order the dangers Kafka imagined and exag- “Law’s Algorithm.” Florida Law Review (with gerated in exactly the form that existed in the public world where he practiced law. Nor Steven Wasick). 2014. are we likely to become the regime that succeeded his, likely “the most terrible regime history has so far produced.” Even those most inclined to be pessimistic see only a Janice Nadler “friendly fascism” or a “sanitized version of the brave new world” in our future. This STANFORD CLINTON is, of course, some comfort but not much. Although our public situation is different RESEARCH PROFESSOR OF LAW from the one Kafka experienced, in some troubling ways it is the same. Although “Law, Moral Attitudes, our intellectual landscape has changed, the same fundamental issues in political and and Behavioral Change.” legal philosophy recur in a somewhat different key. The characteristics of his extreme The Oxford Handbook of system may allow us to see features of our system that could become nightmarish and, Behavioral Economics and the Law, edited by Eyal Zamir & Doron Teichman (with in Justice Kennedy’s view, which may already be showing dangerous signs.Q Kenworthy Bilz). Oxford University Press. 2014.
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Laura H. Nirider “Involuntary Outpatient Commitment: The Limits “Litigating Article III Standing: A Proposed CLINICAL ASSISTANT of Prevention.” Stanford Law and Policy Review. Solution to the Serious (but Unrecognized) PROFESSOR OF LAW 2015. Separation of Powers Problem.” University of “Public Assistance, Drug Testing, and the Pennsylvania Law Review (with Sopan Joshi). “Juvenile Justice Investigation: 2014. Narrative Contamination, Law: The Limits of Population-Based Legal Analysis.” American Journal of Law and Medicine. Cultural Stereotypes, and the “The Real Constitutional Problem with State 2014. Scripting of Juvenile False Judicial Selection: Due Process, Judicial Retention, and the Dangers of Popular Confessions” in Examining Wrongful Convictions: Constitutionalism.” William and Mary Law Review Stepping Back, Moving Forward, edited by Allison Philip Postlewaite (with Jennifer Aronoff). 2014. D. Redlich, James R. Acker, Robert J. Norris, and PROFESSOR OF LAW Catherine L. Bonventre (with Steven Drizin and “The Omnipresence of Subchapter K in the Stephen F. Reed Joshua Tepfer). Carolina Academic Press. 2014. International Arena?” Taxes – The Tax Magazine. “Scrutinizing Confessions in a New Era of Juvenile 2015. CLINICAL PROFESSOR OF LAW Jurisprudence.” Court Review: The Journal of the United States International Taxation, 3rd edition American Judges Association. 2014. (with Jeff Sheffield, Julie Baumeister, and “A Closer Look at Distance Genevieve Tokic). LexisNexis. 2015. Learning: The Law and the Entrepreneur MOOC.” Lewis Jide Nzelibe and Clark Law Review (with HARRY R. HORROW Stephen B. Presser Esther Barron). 2015. PROFESSOR IN RAOUL BERGER “The Lively Classroom: Finding the Humor in INTERNATIONAL LAW PROFESSOR OF LAW EMERITUS Business Associations.” St. Louis University Law “Federalist Society for Law & Journal. 2015. Public Policy Studies: 2013 “What I Do When I Teach National Lawyers Convention Business Associations.” Saint Showcase Panel III: Formalism and Deference Louis University Law Journal. Leonard L. Riskin in Administrative Law.” University of Dayton Law 2015. HARRIS H. AGNEW Review (with Kristin Hickman and Thomas Merrill). “Samuel Chase.” The Bloomsbury Encylopedia of VISITING PROFESSOR OF 2014. the American Enlightenment. 2015. DISPUTE RESOLUTION “Impeachment and Standards for Impeachment.” “Beginning With Yes: A Review Laura Pedraza-Fariña The Heritage Guide to the Constitution, 2nd edi- Essay on Michael Wheeler’s ASSISTANT PROFESSOR tion. Regnery Publishing. 2014. ‘The Art Of Negotiation: How OF LAW To Improvise Agreement In A Chaotic World.’” Business Law (with Timothy Fort). West Academic Cardozo Journal of Conflict Resolution. 2015. “Understanding the Federal Publishing. 2014. Circuit: An Expert Community “Scalia: A Court of One.” The University Bookman. Daniel B. Rodriguez Approach.” Berkeley 2014. Technology Law Journal. DEAN AND HAROLD 2015. WASHINGTON Martin H. Redish PROFESSOR LOUIS AND HARRIET James E. Pfander “Comparative Local ANCEL PROFESSOR OF Government Law in Motion: OWEN L. COON LAW AND PUBLIC POLICY PROFESSOR OF LAW How Different Local “Fear, Loathing, and the First Government Law Regimes Affect Global Cities’ “Article III Judicial Power, the Amendment: Optimistic Bike Share Plans.” Fordham Urban Law Journal Adverse-Party Requirement, Skepticism and the Theory of (with Nadav Shoked). 2014. and Non-Contentious Free Expression.” Ohio State Law Journal. 2015. Jurisdiction.” Yale Law Journal (with Daniel D. Birk). 2015. “The Right of Publicity and the First Amendment in Meredith Martin the Modern Age of Commercial Speech.” William Rountree “In Search of the Probate Exception.” Vanderbilt and Mary Law Review (with Kelsey B. Shust). Law Review (with Michael J. T. Downey). 2014. VISITING ASSISTANT 2015. PROFESSOR “One Size Doesn’t Fit All: Multidistrict Litigation, Candice Player “Criminals Get All The Due Process, and the Dangers of Procedural Rights: The Sociolegal ASSISTANT PROFESSOR Collectivism.” Boston University Law Review (with Construction of Different OF LAW Julie M. Karaba). 2015. Rights to Die.” Journal of Criminal Law and “Outpatient Commitment and “Rethinking the Theory of the Class Action: Criminology. 2014. Procedural Due Process.” The Risks and Rewards of Capitalistic Socialism “Law and Loss: Notes on the Legal Construction International Journal of Law in the Litigation Process.” Emory Law Journal. of Pain.” American Journal of Criminal Law. 2014. and Psychiatry. 2015. 2014.
44 | NORTHWESTERN LAW REPORTER Max M. Schanzenbach SEIGLE FAMILY PROFESSOR Faculty Authors Appear on OF LAW “Explaining the Public-Sector Pay C-SPAN’s Book TV Gap: The Role of Skill and College Major.” Journal of Human Capital. 2015. Over the summer, Northwestern Law professors Andrew “The Impact of Tort Reform on Intensity of Treatment: Koppelman and Robert Burns sat down for interviews with Evidence from Heart Patients.” Journal of Health C-SPAN’s Book TV program. Economics (with Ronen Avraham). 2015. Koppelman, the John Paul Stevens Professor of Law, discussed his 2013 book The Tough Luck Constitution and the Assault on Health David Scheffer Care Reform, which provides a broad historical context for the MAYER BROWN/ROBERT A. Affordable Care Act (ACA), and outlines the “tough luck” philoso- HELMAN PROFESSOR OF LAW phy adopted by the Supreme Court’s conservatives in recent years. “Preface.” North Korea, International Law and the He warns the Court’s interpretation of the commerce clause in the Dual Crises: Narrative and 2012 case challenging the ACA “almost crippled America’s ability to Constructive Engagement. reverse rising health-care costs and shrinking access” even while it Routledge. 2015. upheld the law itself. “False Alarm about the Proprio Motu Prosecutor.” “They did a lot less damage than they could have,” Koppelman told The First Global Prosecutor: Promises and Constraints, edited by Martha Minow, Cora True- C-SPAN host Peter Slen. “The most significant thing they did was Frost, and Alex Whiting. University of Michigan Press. tell states they could revise and edit the federal Medicaid program 2015. and refuse the parts of it that had Obama’s name on it and that’s “Atrocity Crimes.” Genocide: A Reader, edited by Jens had really terrible health consequences for a lot of people […] and Meierhenrich. Oxford University Press. 2015. they did that on the basis of really terrible legal reasoning. If there’s “Scottish Independence Insta-Symposium: The one thing that I’m trying to get across in the book it’s to get clear to Legal Terrain Following a Yes Vote for Scottish Independence.” Opinio Juris. 2014. ordinary people who aren’t lawyers just how bad the legal reasoning was in this case.” David L. Schwartz Burns, the William W. Gurley Memorial Professor of Law, PROFESSOR OF LAW discussed his 2014 book Kafka’s Law: “The Trial” and American “Understanding the Realities of Criminal Justice (see excerpt on page 42). Modern Patent Litigation.” Texas In the book, Burns argues that the American criminal justice Law Review (with John R. Allison system is beginning to resemble Franz Kafka’s The Trial, and uses the and Mark A. Lemley). 2014. allegory as a lens through which to examine its current flaws. “Unpacking Patent Assertion “There are elements of the American criminal justice system that Entities.” Minnesota Law Review (with Christopher A. Cotropia and Jay P. Kesan). 2014. bear an uncanny and disturbing resemblance to the picture of ‘The Law’ as [Kafka] describes it in the book,” he told Slen. Helene S. Shapo Burns highlights the tension between the way police conduct inter- PROFESSOR OF LAW rogations, which often lead to plea bargains, by assuming an indi- EMERITA vidual is guilty when the legal system is supposed to afford him or her Writing for Law Practice, 3rd the presumption of innocence. He argues that returning the tradition edition (with Elizabeth Fajans and of trial by jury to a more central place in American criminal justice Mary R. Falk). Foundation Press. can remedy this. 2015. Videos of the full interviews are available on the Jeffrey T. Sheffield C-SPAN website: SENIOR LECTURER www.c-span.org/video/?326474-1/book-discussion-tough United States International -luck-constitution-assault-health-care-reform Taxation, 3rd edition (with Philip www.c-span.org/video/?326474-2/robert-burns-kafkas-law Postlewaite, Julie Baumeister, and Genevieve Tokic). LexisNexis. 2015.
FALL 2015 | 45 FACULTY
BOOK EXCERPT Florence Kelley, Factory Inspector in 1890s Chicago, and the Children
BY LEIGH BIENEN Open Books, 2014
As excellent as the three [existing] biographies of Florence Kelley were, none, in my opinion, conveyed the richness of the historical context of the effort to reform the conditions in the city sweatshops and tenements, and the people who fought that fight. There was the ever-present mystery of the interplay between the actions and personalities of public figures, such as Florence Kelley and Jane Addams, their role in historic events and the role of chance, cir- cumstance, and unpredictable externalities, such as the World’s Columbian Exposition, the massive immigration to Chicago of the 1880s and 1890s, the depression of 1893, and the nature of the determined political opposition. A different time, a different place, and different individuals, and none of this would have happened in quite the same way. In other words, it was just like the present. This unique array of energetic and talented individuals who came to Chicago in the 1890s and played a role in the Herculean efforts to clean up
Nadav Shoked “Perspectives on International Students’ “Lessons from FDR Can Help Regain Public Trust ASSOCIATE PROFESSOR Interest in U.S. Legal Education: Shifting During Ebola Crisis.” Global Post. 2014. Incentives and Influence.”New England Law OF LAW “To Curb FGM, Our Project Focuses on the Cutters.” Review. 2015 “The Duty to Maintain.” Duke Women’s E-News. 2014. Law Journal. 2014. “The New Local.” Virginia Law Juliet Sorensen James B. Speta Review. 2014. CLINICAL ASSOCIATE CLASS OF 1940 PROFESSOR OF LAW “Public, by Necessity.” Seattle Journal for Social RESEARCH PROFESSOR Justice (with David Dana). 2014. “A Voice From the Past Rings OF LAW “Comparative Local Government Law in Motion: How True 86 Years Later.” Lincoln “Unintentional Antitrust: The Different Local Government Law Regimes Affect Journal-Star. 2015. FCC’s Only (and Better) Way Global Cities’ Bike Share Plans.” Fordham Urban Unvaxed and Confused.” U.S. News & World Forward with Net Neutrality Law Journal (with Daniel B. Rodriguez). 2014. Report (with Shannon Galvin). 2015. After the Mess of Verizon v. FCC.” Federal Communications Law Journal. 2014. “After Boris Nemtsov’s Murder, the U.S. Congress Carole Silver Needs to Act.” Talking Points Memo (with Alexa PROFESSOR OF GLOBAL Van Brunt). 2015. Matthew L. Spitzer LAW AND PRACTICE HOWARD AND ELIZABETH “In Mali, Grocer Wages War on FGM from His CHAPMAN PROFESSOR “What Firms Want: Closet.” Women’s E-News. 2015. Investigating Globalization’s “On Experimentation and Influence on the Market for “Book Review: ‘Global Health Law’ by Lawrence Real Options in Financial Lawyers in Korea.” Columbia Gostin.” Times Higher Education. 2014. Regulation.” Journal of Legal Journal of Asian Law (with Jae-Hyup Lee and “Corruption is Creating More Ebola Victims.” Studies (with Eric Talley). Jeeyoon Park). 2015. TakePart Media. 2014. 2014.
46 | NORTHWESTERN LAW REPORTER the sweatshops and slums of Chicago—Henry ice next to the first Chicago water intake crib, Demarest Lloyd, Jane Addams, John Peter built in 1867, four miles from the shore of Lake Altgeld, Carroll Wright, Abraham Bisno, and Michigan. They must have taken the cart and the Florence Kelley—began speaking to me in pony over the ice for four miles, which means their own voices. I came to recognize Florence that the lake must have frozen for four miles Kelley’s handwriting in the archives, and that out. Were the winters that much colder then? of her mother, son, father, and brother. The Elsewhere I came across reports of large parts pictures of Chicago during the 1890s were richly of the lake freezing over, and of the unemployed evocative, but the photographs of the family and being sent to cut ice through the winter for cool- the public occasions did not match the power of ing in the winter and the summer. their words. They were remarkable writers. The Perhaps the photograph dated from the more I read about them, about what they and devastatingly cold winter of 1893, when Florence others said about themselves and each other, the Kelley had just been appointed factory inspector. more I wanted to know about their families and Like so many of the remnants in the archives, their lives. the picture was mesmerizing, and raised more A photograph found while working on the questions than it answered. Now I was really homicide site haunted me. There are three men, drawn in. In addition to that devastating winter working men, heavily dressed, wearing several and the economic depression of 1893, what layers of thick wool clothing, standing next to else was happening in Chicago during 1893 and a cart and a pony shaggy in its full winter coat. the few years when Florence Kelley was state One man holds the reins. They are standing on factory inspector?Q
Deborah Tuerkheimer “Adult Interrogation Tactics in Schools Turn Kimberly A. Yuracko PROFESSOR OF LAW Principals into Police Officers.” The Guardian. JUDD AND MARY MORRIS 2015. “Book Review of Our Bodies, LEIGHTON PROFESSOR Whose Property? by Anne “Prosecutors Shouldn’t Have Immunity from Their OF LAW Phillips.” Ethics. 2015. Unethical—or Unlawful—Acts.” The Guardian. 2015. Employment Law: Cases and “How Not to Protect Pregnant “After Boris Nemtsov’s Murder, the U.S. Congress Materials, 8th edition (with Women.” New York Times. 2015. Needs to Act.” Talking Points Memo (with Juliet Mark Rothstein and Lance Liebman). Foundation Press. 2015. “Confirmation and the Re-Privatization of Sorensen). 2015. Domestic Violence.” Michigan Law Review First “Newest Wave of GOP Governors Should Support “Perfectionism, Pies and the Politics of Job Impressions. 2014. Prison Reform.” Huffington Post. 2015. Qualifications (book review of Bottlenecks: A New Theory of Equal Opportunity by Joseph Fishkin).” “Improving the Criminal Justice System’s Response “Five Ways the US Criminal Justice System Would Cut Campus Rape.” New York Times. 2014. Review Journal of Political Philosophy. 2014. Violates Human Rights—And How We Can Do Better.” Huffington Post. 2015. “Values at Work: How Sex Discrimination Law Alexa Van Brunt Moved from Joke to Juggernaut in 50 Years.” “A New York Lesson for Chicago (and Elsewhere).” Valparaiso University Law Review. 2014. CLINICAL ASSISTANT The Marshall Project. 2015. PROFESSOR OF LAW “The ‘Torture’ Memos Prove America’s Lawyers Don’t “Chicago, It’s Time to Close the Know How to Be Ethical.” Washington Post. 2014. Justice Gap.” Chicago Tribune. 2015. “When Will Illinois Stop Unlawfully Holding People in Prison?” Truthout. 2014. “Poor People Rely on Public Defenders Who Are Too Overworked to Defend Them.” The Guardian. “Mike Brown’s Law Is a Start, but Police Body- 2015. Cams Are No Panacea for Violence.” The Guardian. 2014.
FALL 2015 | 47 CLINIC NEWS
Federal Judge Sides with MacArthur Justice Center Attorney in First Amendment Case
In late April, a federal judge overturned “It’s a really terrible law when you think really do criminal justice reporting without a Pennsylvania law designed to prevent about all of the things that one might do talking to people who have committed current and former prisoners from causing that could cause someone offense,” Shapiro crimes and it’s chilling to think what would mental anguish to crime victims, saying said. “People are offended by different have happened if people were unable to it violated the First Amendment. David M. things and there’s no real way of knowing be sources for fear that this law would be Shapiro, a clinical assistant professor of law what speech is going to offend person X, applied against them.” and attorney with the Bluhm Legal Clinic’s or what speech is going to offend person United States District Judge Christopher Roderick and Solange MacArthur Justice Y—and if the First Amendment means Conner agreed, calling the law “unlawfully Center, represented a group of plaintiffs anything, it means that you can’t prohibit purposed, vaguely executed, and patently challenging the law. speech just because it offends people. There overbroad in scope” in his ruling. “The First The law was passed in late 2014, in are Supreme Court cases upholding speech Amendment does not evanesce at the prison response to a recorded commencement that relates to protesting war veterans’ gate, and its enduring guarantee of freedom address to a Vermont college by Mumia funerals and hate speech by the Ku Klux of speech subsumes the right to expressive Abu-Jamal. Abu-Jamal was convicted of Klan. In our society, the way that we deal conduct that some may find offensive,” he said. killing a Philadelphia police officer in 1981, with people saying offensive things is we Shapiro said his students were critical and is currently serving a life sentence either ignore them or we respond to them, to preparing a successful case in a short after having his death sentence vacated. but we don’t use the club of the law to shut amount of time. Abu-Jamal has maintained his innocence, them up.” “There was an enormous amount of and has worked as an author and activist Shapiro, who previously worked at the research to be done. The First Amendment while in prison. He had given prerecorded ACLU National Prison Project and has issues were relatively straightforward, but commencement speeches previously, significant experience litigating cases there were some very significant and chal- but the one in October 2014 to Goddard involving prisoners’ First Amendment lenging procedural issues and in many ways College inspired Pennsylvania state rights, served as a lead attorney for a group that was the harder part of the case,” he legislators to draft and quickly implement of plaintiffs that included Abu-Jamal and said. “Students were very, very involved The Revictimization Relief Act, aimed several other prisoners, as well as media in research and drafting. This was a real at preventing such actions by allowing organizations who recognized the law could opportunity to get immersed in the law, victims to seek civil injunctions against impact them, too. and it affects the free speech rights of hun- prisoners making statements that cause “The breadth of really important speech dreds of thousands current and former pris- a victim “a temporary or permanent state that could have been destroyed by this law oners in Pennsylvania, so it was a chance to of mental anguish.” was sweeping,” Shapiro said. “You can’t be involved in something important.”Q
Center for International Human Rights to Work on Justice System in Republic of Georgia
The Bluhm Legal Clinic’s Center for International Human Rights region,” Scheffer said. “There are enormous challenges regarding received a five-year grant of $310,000 from the United States Agency corruption and human rights, which we can contribute to resolving. for International Development (USAID) to develop curriculum and We can make a difference.” assist with training and strategic litigation for the Promoting the Rule Scheffer went on to note that there will be a variety of opportuni- of Law in Georgia program. The program’s goal is to protect human ties for students to engage with the project, ranging from interna- rights and build a strong legal framework in the Republic of Georgia; tional externships to clinical offerings, and anticipates some being it is administered through the East-West Management Institute. available as early as 2016. Mayer Brown/Robert A. Helman Professor of Law David Scheffer The three core areas of the grant are: professional training, such believes now is a valuable time for the Law School to engage with as working with attorneys in the Georgia Bar Association for the Caucasus region. continuing education; academic assistance within Georgian law “As Georgia continues to face geopolitical challenges this is an schools; and strategic litigation to help enforce due process and interesting opportunity to help promote the rule of law in the protect the rights of marginalized communities.Q
48 | NORTHWESTERN LAW REPORTER In cooperation with the National Institute for Trial Advocacy, Lawyers Without Borders, and lawyers from Baker & McKenzie and DLA Piper, Northwestern Law faculty, students, and alumni conducted a trial advocacy training for the United Republic of Tanzania Prevention and Combating of Corruption Bureau (PCCB) in Dar es Salaam, Tanzania, in May of 2015. Pictured here, from left: Renai Rodney (JD ’99), Barsha Mishra (LLM-IHR ’15), Adam Green (JD ’15), Cristina Law (JD ’15), Professor Ronald Allen, Professor Tom Geraghty (JD ’69), Angela Vigil (JD ’95), Diane Geraghty (JD ’72), and Larry Wojcik (JD ’77).
After 27 Years, Daniel Andersen Cleared for a Murder He Did Not Commit
Daniel Andersen, a joint client of Northwestern University School intoxicated when he confessed to killing Trunko with this bloody of Law’s Center on Wrongful Convictions of Youth (CWCY) and knife after 16 hours of police interrogation. At trial, prosecutors the University of Chicago’s Exoneration Project, was officially said the blood type on the knife matched Trunko’s and argued cleared of the 1980 murder and attempted rape convictions that that Andersen’s confession to killing Trunko with that knife cost him over 27 years in prison. proved his guilt. He was convicted by a jury and sentenced to 55 On August 13, 2015, the Cook County State’s Attorney’s Office years in prison. formally dropped all charges against Andersen following Cook The new DNA results prove that the bloody knife was not the County Circuit Court Judge Alfredo Maldonado’s July 20 decision murder weapon and that Andersen’s confession was false and to vacate Andersen’s convictions based on new DNA evidence that wholly unreliable. DNA testing on the knife showed that neither the judge called “extraordinarily compelling.” Trunko’s blood nor Andersen’s DNA was on the knife, proving it A Northwestern Law connection led the CWCY to represent was not the murder weapon after all. Andersen and re-investigate his case. Andersen’s cousin, Bernard As Judge Maldonado concluded, “the knife was the lynchpin of “Bud” Bobber, a 1987 alumnus of the Law School, is a partner in the the State’s case” against Andersen; without it, there is absolutely no Milwaukee law firm of Foley and Lardner, LLP. Bobber was a law physical evidence linking Andersen to this crime. Additional test- classmate of Northwestern Law Professor Steven Drizin. ing showed that the victim had two male profiles underneath her Bobber, a civil litigator, had tried to clear his cousin’s name by fingernails, both of which excluded Andersen. This fingernail DNA filing a clemency petition on Andersen’s behalf. When that petition evidence is truly exculpatory because the evidence indicates that was denied, he called his former classmate Drizin and asked for the Trunko defended herself against her attacker and that at least one, if Center’s help. not both, of these DNA profiles belong to her assailant(s). “If Bud had not vouched for Daniel, I am not sure we would have Andersen had spent over 27 years in prison when he was released taken Daniel’s case,” Drizin said. “It is doubtful whether any other in 2007. Despite being out of prison for eight years, Andersen has innocence organization would have taken Daniel’s case because he been required to register as a sex offender. His lengthy prison sen- had already served his time in prison and was out on parole. We tence and murder and sex offense convictions have greatly inhib- made an exception. It was the personal Northwestern connection ited his ability to find employment, housing, and move on with his that made all the difference.” life. He has continued to fight to clear his name in the years since Andersen’s conviction stemmed from the homicide of Cathy his release. The July ruling overturning his conviction represented Trunko, a young woman from Chicago’s Back of the Yards neigh- a huge step toward doing so, according to his attorneys. borhood, who was found stabbed to death on the 4900 block of Andersen is represented by Megan Crane, Laura Nirider South Paulina Street on Jan. 19, 1980. Police believed a bloody knife and Steven Drizin, attorneys from Northwestern Law’s Center found two days after her stabbing in a neighbor’s yard was the on Wrongful Conviction of Youth, and Joshua Tepfer of the murder weapon. Andersen was 19 years old, sleep deprived, and Exoneration Project at the University of Chicago.Q
FALL 2015 | 49 CLINIC NEWS
Jason Strong Exonerated mother-daughter con team who had been convicted of defrauding elderly people, Bluhm Legal Clinic team’s seven-year effort to and Gonzalo Chamizo, a mentally dis- abled man Sunderlin had been married reverse a wrongful conviction to a few months before she was killed. In researching their criminal and employ- Jason Strong was convicted of the 1999 murder of Mary Kate ment histories in order to better understand their relationship to Sunderlin, alternative Sunderlin. Bluhm Legal Clinic Director Thomas Geraghty led a theories of the case emerged. The more they team of faculty, students, and alumni on a seven-year effort that learned the stronger Strong’s innocence claim became. resolved complicated procedural problems and uncovered facts In 2009, they had their first big break when in the case that revealed Strong’s innocence. His conviction was they spoke with Jeremy Tweedy, who recanted the story he told police. Nisbet called it a vacated in May of 2015 and he was released from prison a free man. “major stepping stone” for the investigation— although getting Tweedy to actually sign When Bluhm Legal Clinic Director Tom Tweedy identified Strong as one of two men an affidavit officially recanting his original Geraghty (JD ’69) got a call from US who beat and tortured her before dumping testimony was a more difficult process. District Judge Matthew F. Kennelly in 2008 her body, a story that became central to the asking him to represent Jason Strong at his case against Strong. But Tweedy’s story kept A NEW LAKE COUNTY STATE’S habeas corpus hearing, Geraghty didn’t changing; he gave conflicting statements, ATTORNEY think twice about accepting. Beyond the and he later said that he had been coerced During the course of the seven years the legal issues relating to the statute of limita- by law enforcement. clinic worked on the case, the Lake County tions on the petition itself—which were Strong confessed to the crime under State’s Attorney’s office experienced a interesting in their own right—Geraghty interrogation; later, he also said his confes- change in leadership. was intrigued by Strong’s innocence claim sion was coerced. He was found guilty in Mike Mermel, senior trial attorney in the and the unusual facets of the case, notably, 2000 and sentenced to 46 years in prison. Lake County State’s Attorney’s office when the fact that the victim was identified sev- It wasn’t until 2006 that authori- it was headed by Michael Waller, built the eral years after her body was found. ties identified the victim as Mary Kate state’s case against Jason Strong in 1999. Because the case had both procedural Sunderlin. With that identification, other Mermel had a reputation for discounting and investigative elements, Geraghty set facts supporting Strong’s innocence claim post-conviction evidence, going as far as simultaneous tracks in motion in the clinic, began to surface, and in 2007 he filed the telling the Chicago Tribune in an interview: with some students working on the habeas petition that ultimately brought the case to “The taxpayers don’t pay us for intellectual petition and exhausting all state remedies Geraghty and the Bluhm Legal Clinic. curiosity. They pay us to get convictions.” before approaching federal court, while Because the clinic became involved In 2012, Mermel retired, and Michael others investigated the innocence claim. eight years into the case, many of the team Nerheim was elected to lead Lake County Over the years, the case engaged multiple members who initially worked on it spent office. A prosecutor who entered office with classes of law students and clinic faculty a great deal of time getting caught up. Jeff a reform agenda, Nerheim immediately who devoted hundreds of hours to uncover- Davidson (JD ’09) remembered hours in created an independent conviction integrity ing the facts. the clinic conference room poring over unit and began to review convictions. transcripts, and piecing together the history Judy Royal (JD ’81), visiting clinical A FALSE ACCUSATION, A FALSE of the case. Brian J. Nisbet (JD ’09), one of assistant professor of law, believes Nerheim CONFESSION the two students who worked on the case taking over as state’s attorney in Lake On December 9, 1999 the body of an from its inception to the end, described it County was a pivotal turning point in unidentified woman was found in a forest as a “complex factual case,” and believes the the case. As an attorney who worked on preserve near North Chicago. During the clinic team was the first to investigate Mary another wrongful conviction case in Lake initial investigation, police followed a lead Kate Sunderlin’s life. County for client Juan Rivera, she was provided Jeremy Tweedy, who mentioned Among the key figures the team iden- familiar with how the Lake County office Sunderlin’s death to an undercover officer. tified were Correen and Tracy Lewis, a had operated in the past.
50 | NORTHWESTERN LAW REPORTER Royal had provided counsel on the CONVICTION VACATED Regardless of their familiarity level, they all Strong case as early as 2010, and when When the team presented the medical marveled at the experience of working with Nerheim took over, she wanted his evidence to the Lake County state’s attor- such a large and committed group over so Conviction Review Panel to agree to further ney’s office with an independent forensic many years. DNA testing of items from the Sunderlin pathologist verifying key facts, Nerheim’s Luger was involved in nearly every investigation. These findings would allow office regrouped. Together with Assistant aspect of the case, from drafting petitions the team to keep building the case for Attorney General Vincenzo Chimera, an and appeals at the state and federal level Strong’s innocence. agreement was reached. The attorney gener- to tracking down key witnesses, includ- al’s office granted Strong’s habeas petition, in ing Jeremy Tweedy. When it came time to FORENSIC DISCOVERY effect granting him a new trial, and the Lake graduate, Luger felt compelled to continue During an unprecedented meeting with County state’s attorney’s office decided not working on the case, and he and Nisbet attorney general’s staff in 2013, the clinic to pursue a new trial based on the innocence together brought it to Winston and Strawn argued that by gaining access to forensic claim. Strong’s conviction was vacated in as pro bono work. and medical reports they believed they May of 2015 and he was released from prison. DeVore, Luger, and Nisbet’s consistent could open doubt to the integrity of the “Watching Jason walk out of prison after presence on the case provided a backbone conviction. Royal described the meeting so many years is a moment I’ll never have of institutional knowledge that proved criti- as a “cooperative search for the truth,” and again,” said David Luger (JD ’09). Luger, cal over the years, and DeVore highlighted one that led to a reinvestigation of Strong’s innocence claim. Maria Hawilo, visiting clinical assistant professor of law, joined the Bluhm Legal Clinic in 2013, and went on to pursue the forensic and medical evidence marshalled in the case. She recalled unusual autopsy video footage and incongruences between the state’s description of the victim’s body, and what the medical evidence showcased. Hawilo believes the medical records provided “one of the first pieces of objective evidence,” and that even with the most sensitive DNA testing available they couldn’t find any material linking Strong to the victim. Perhaps the key revelation from the mounting forensic evidence was that timing Brian Nisbet (JD ’09); Visiting Clinical Professor Judy Royal (JD ’81); Clinical Professor Maria Hawilo; Strong’s grandmother, Cece Benovsky; Strong’s mother, Debbie King; Jason Strong; Professor Thomas Geraghty (JD ’69); Clinical Fellow Greger and cause of death didn’t square with the Calhan; and David Luger (JD ’09). state’s theory that Strong met Sunderlin, and over the course of 12 hours, tortured DeVore, and Nisbet, the three attorneys Geraghty’s crucial role in keeping momen- and killed her. Instead, the medical records who worked on the case from law student tum in the case going, even as students pointed to longer term injuries and a time to practicing attorney, all went down to cycled in and out of the project and new of death up to 72 hours before her body Menard Correctional Facility to be there faculty members were brought on. was discovered. when Strong was released. “There’s an inherent difficulty of keep- As the investigation eroded the state’s “This case is the high water mark of my ing a case like this going with students,” original case, Charles DeVore (JD ’11)—who career,” said Nisbet. “It is a reminder of how DeVore said. “Tom maintained continuity, worked on the case over six years—recalls powerful the profession can be.” and that made all the difference.” feeling a “sense of injustice that was height- For some students, the Jason Strong Royal, too, praised Geraghty’s role in ened at every turn. Every piece of informa- case was their first encounter with criminal leading the team. “Tom works every case tion we uncovered supported the idea that law, and for others it was one of several like it’s the only one he has. He inspires Jason Strong did not do this.” post-conviction cases they were working on. people to do everything they can.”Q
FALL 2015 | 51 ALUMNI NOTES
Northwestern Law Celebrates the Class of 2015
Addressing more the more than 500 graduates and their guests who filled the historic Chicago Theatre, commencement keynote speaker Tina Tchen (JD ’84) credited Northwestern University School of Law with preparing her for her impressive legal career, taking her from the classrooms of Levy Mayer to the halls of the White House. “Being a lawyer remains who I am; it’s how I think […] and Northwestern Law was where I learned what it means to be a lawyer,” she said at the May 15 ceremony. Tchen spent 25 years at the law firm Skadden, Arps, Slate, Meagher & Flom—including 13 years as a partner—before joining the Obama administration as an assistant to President Barack Obama and chief of staff to First Lady Michelle Obama in 2011. Tchen was an appropriate choice to address the Class of 2015, a group with an impressive commitment to public service. In his remarks to open the ceremony, Northwestern Law Dean Daniel B. Rodriguez highlighted some of the class’s accomplishments: 220 students gave more than 19,000 hours of time to public service—with 50 students individually giving hundreds of hours—and 165 students participating in programs through the Bluhm Legal Clinic. Additionally, 2015 marked the first graduating class of the Master of Science in Law program, a unique multi-disciplinary course of study that combines STEM backgrounds with business and legal curriculum. “I am convinced that you will take your education here—not simply your credential, but your education—and do great things in and for the world,” Rodriguez said. In addition to Tchen and Rodriguez, Northwestern University President Morton Schapiro and student speakers Nicholas Roosevelt (JD ’15), Najd Almuhaitheef (LLM IHR ’15), and Bertram Hudson (MSL ’15) spoke to the crowd. Schapiro encouraged graduates to take a moment to be proud of their momentous achievement, and to reach out and thank someone who helped get them there.Q
52 | NORTHWESTERN LAW REPORTER 2015 CONVOCATION
Student-Voted Faculty Awards Outstanding Adjunct Professor Judge Ruben Castillo Outstanding First-Year Course Professor Michael Waterstone Outstanding Professor of a Small Class Nadav Shoked Outstanding LLM Tax Professor Philip Postlewaite Robert Childres Memorial Award for Teaching Excellence Erin Delaney Student Awards Wigmore Key Nicholas Roosevelt Courage Award Beatrice Roger Legal Profession Award Kimberly-Claire Seymour and Abigail Leinsdorf Service Award Andrew Beatty Leadership Award Jesse-Justin Cuevas
FALL 2015 | 53 ALUMNI NOTES
Class Notes
1950s Burton D. Cohen (JD ’63) was 1970s Lawyers magazine for her exemplary appointed to the board of directors work fighting for civil and employ- Newton N. Minow (JD ’50) was Howard A. Tullman (JD ’70) received at the Learning Experience. ment rights. honored at WTTW’s 60th Anniver- the Public Humanities Award from sary Gala. Sheli Z. Rosenberg (JD ’66) was the Illinois Humanities Council Geoffrey Groshong (JD ’74) was for his contributions to building named to the 2015 Washington Super Thomas T. Grimshaw (JD ’56) was appointed to the governing board at relationships between business and Lawyers and Rising Stars lists as one honored for his dedicated service to MATTER, a healthcare technology the humanities. of the top lawyers in the state. the state of Colorado by Governor incubator for the next-generation Hickenlooper proclaiming August health IT, medical device, diagnos- Avery Delott (JD ’72) joined the law Gail Durham Hasbrouck (JD ’74) was 29, 2015 to be “Tom Grimshaw Day.” tics and biopharma companies. firm of Roetzel & Andress LPA as a named chairman of the American partner. Heart Association’s Metro Chicago Richard E. Wiley (JD ’58) received the Harry J. Pearce (JD ’67) retired from Board of Directors. 2015 Ed Meese Award, the Repub- the board of directors at Marriott Judge William M. Skretny (LLM ’72) lican National Lawyers Association’s International, Inc. received the New York State Bar Asso- Arnold Bruce Stein (JD ’75) was highest honor. ciation Commercial & Federal Litiga- promoted to managing partner at Chief Justice James T. Jones (JD ’67) tion Section’s Robert L. Haig award Schiller DuCanto & Fleck. 1960s was elected chief justice of the Idaho for distinguished public service. Supreme Court. Michael T. McEnerney (JD ’76) was Neil G. Bluhm (JD ’62) was elected Stephen J. Senderowitz (JD ’74) was appointed to the board of regents at co-chairman at the Whitney Miles C. Cortez (JD ’67) was inducted appointed partner in the securities, the University of Hawaii by David Y. Museum of American Art. into the Trinity University athletic commodities, and derivatives litiga- Ige, Governor of Hawaii. hall of fame. tion and regulatory defense practice Judith B. Biggert (JD ’63) was Young Kim (JD ’76) will have his at Dentons. appointed to the Illinois Educational Judge Simeon R. Acoba (JD ’69) was latest book, Justice as Right Actions, Labor Relations Board by Governor appointed to the board of regents at Mary Stowell (JD ’74) was featured published by Lexington Books on Bruce Rauner. the University of Hawaii. in the March 2015 issue of Leading October 15, 2015.
Members of the class of 1954 gathered at the 2014 All Alumni Weekend to reminisce about their time at the Law School. Back row, from left: James Griffith, James Murphy, Myron Liberman, David Pauker, Lowell Komie, Aaron S. Wolff, and Don Beimdiek; front row: John Grady.
54 | NORTHWESTERN LAW REPORTER First Women
As the first law school in Chicago—estab- lished September 21, 1859—the history of Northwestern Law includes a number of important “firsts.” For example, the first two Volunteering women to hold statewide office in Illinois were both Northwestern Law graduates. Florence Kelley (LLB 1895) was appointed to the post is rewarding. of Factory Inspector by Governor John Peter Florence Kelley Altgeld in 1893. Dawn Clark Netsch (JD 1952) was the first woman elected to statewide office Alumni volunteers play a when she became the Illinois Comptroller in 1990. Additional information about both vital role in the success of of these remarkable women can be found the Law School. Following elsewhere in this issue: an excerpt from Leigh Bienen’s biography of Florence Kelley can be are some of the many ways found on page 46, and an article about the to get involved. Walter and Dawn Clark Netsch Scholarship Fund can be found on page 14. Alumni Interviewer Northwestern has the most Dawn Clark Netsch extensive law school admissions interviewing program in the country. With your help, we recruit the finest students from the United States and abroad. 1980s Michael Bauer (JD ’76) was appointed Alumni Coach Volunteer Northwestern Law by Governor Rauner to be co-chair of Ellen M. Babbitt (JD ’80) was featured in students and alumni coaches are paired for mock the Illinois Holocaust and Genocide the March 2015 issue of Leading Lawyers job interviews of about 45 minutes. Commission. magazine for her exemplary work in higher Career-Related Adviser Students and alumni Patricia S. Cain (JD ’77) was featured in the education law. may discuss practice areas, market trends, and March 2015 issue of Leading Lawyers maga- Joel Rothman (JD ’80) received an honorary career advice with volunteer advisers through zine for her exemplary work in employee doctorate from the Technion–Israel Insti- occasional phone conversations, email exchanges, benefits law. tute of Technology. or informational interviews.
John D. Fognani (JD ’77) was appointed Paul B. Cleveland (JD ’81) was promoted to Miner Moot Court Competition Volunteer Moot partner at Haynes and Boone, LLP. chief executive officer at Celladon Corpora- Court judges prepare students to participate in tion, and was appointed to the board of appellate arguments. Frances H. Krasnow (JD ’78) was featured directors at Alder BioPharmaceuticals, Inc. Firm and Corporate in the March 2015 issue of Leading Lawyers Representatives magazine for her exemplary work in family Catherine A. Sazdanoff (JD ’81) was Representatives support and law. appointed to the board of directors at raise contributions to the Law School Fund by Meridian Bioscience, Inc. motivating alumni at their firms or businesses. William R. Clayton (JD ’78) was recognized Steven M. Elrod (JD ’82) was featured in the Reunion Committee Member Committee by corporate counsel for his superior January 2015 issue of Leading Lawyers maga- members gather friends to join the committee, service in the BTI Client Service All-Stars zine for his work in municipal land use. help plan the event, establish and garner support 2015 report. for the class gift, and encourage classmates to Graham C. Grady (JD ’83) was featured in Hugo Chaviano (JD ’78) was appointed attend Reunion. the January 2015 issue of Leading Lawyers director of the Illinois Department of magazine for his work in real estate and Labor by Governor Rauner. community development. Judge James R. Troupis (JD ’78) was John P. McNearney (JD ’83) was appointed For more information, visit appointed the Dane County Circuit Court shareholder at Polsinelli in the firm’s St. law.alumni.northwestern.edu Judge. Louis office. and find volunteer opportunities Michael B. Brohman (JD ’79) joined the law Leslie A. Dent (JD ’83) was appointed share- listed under the “Connect” tab. firm of Roetzel & Andress LPA as a partner. holder at Littler Mendelson.
FALL 2015 | 55 at its annual Blessed are the Peace- makers Trustee Dinner.
Michael J. Eason (JD ’89) joined Husch Blackwell as senior counsel on the firm’s Energy and Natural Resources industry team.
1990s
Kathryn Kovitz Arnold (JD ’90) was featured in the March 2015 issue of Leading Lawyers magazine for her exemplary work in real estate law.
Robin Wolkoff (JD ’90) was appointed chief legal officer at Sasser Family Holdings. Johana Castro (JD ’05) and Jacqueline Johnson Arana (JD ’05) at the New York City Alumni Club reception, April 8, 2015. Douglas G. Beck (JD ’92) was appointed vice president, secretary, Jonathan W. Levin (JD-MBA ’84) was at Santander Consumer US Hold- her exemplary work in litigation and general counsel at Hub Group. appointed to the board of direc- ings Inc. and teaching a new generation of Hillary Anne Ebach (JD ’93) was tors at the National Parkinson attorneys. appointed vice president and general Foundation. David L. Reifman (JD ’88) was appointed the new commissioner for Scott Craven Jones (JD ’89) was counsel at Journal Media Group. Ann Ustad Smith (JD ’84) was the City of Chicago’s Department of appointed to the board of directors Jared F. Bartie (JD ’93) selected by the Wisconsin Law was appointed Planning and Development. at GuestLogix, Inc. Journal as a 2015 Women in the Law counsel at Herrick, Feinstein LLP in award recipient. Ruth A. Bahe-Jachna (JD ’89) was Sheila Berner Kennedy (JD ’89) the firm’s sports law group. Rodney A. Ferguson (JD ’84) was featured in the March 2015 issue received the Catholic Theological Ivan J. Presant (JD ’94) was named a appointed to the board of directors of Leading Lawyers magazine for Union’s Diakonia Award for service shareholder at Greenberg Traurig. at Hercules Technology Growth Capital, Inc. Tom Philipps, class of 1964, celebrates his 50th Reunion with other members of his class at the Law School’s 2014 All Alumni Weekend. Douglas Frazer (JD ’85) received the Messenger Award from the Milwaukee Bar Association for his article “The Cranberry Brief.”
Thomas W. Furlong (JD ’86) was appointed partner at DLA Piper in the firm’s corporate practice.
Shelley B. Ballard (JD ’87) was featured in the March 2015 issue of Leading Lawyers magazine for her exemplary work in adoption and reproductive technology law.
John W. Borkowski (JD ’87) joined Husch Blackwell’s Healthcare, Life Sciences and Education industry team as a partner.
Ronald D. Coleman, Esq. (JD ’88) joined Archer & Greiner as a partner.
Maria Wyckoff Boyce (JD ’88) was appointed partner at Hogan Lovells.
Javier Maldonado (JD ’88) was appointed to the board of directors
56 | NORTHWESTERN LAW REPORTER Misty Allen (JD ’04) joined Arnstein 2010s & Lehr LLP as an associate in the Saat Naeem Shaikh (JD-MBA ’11) real estate practice group. was appointed managing director at Judge Brian Hagedorn (JD ’06) was TowerPoint Capital. appointed to the Wisconsin Court of Katherine Neville (JD ’11) was Appeals for District II by Governor appointed associate in the litigation Scott Walker. group and motor vehicle group at Barack Ferrazzano. Daniel Murray (JD ’07) was named to the 2015 “Texas Rising Stars” list Eric White (JD ’12) joined Franczek published by Super Lawyers. Radelet as an associate in its K-12 and higher education practice groups. Thomas Dammrich (JD ’07) became engaged to Ms. Carolyn Ellsworth. Ashley Becker (JD ’13) was appointed associate in the real estate group at Craig Terril Alcorn (JD-MBA ’07) Barack Ferrazzano. was promoted to counsel at Blake Birch (LLM Tax ’13) was hired Skadden Arps. as director of regulatory affairs at Anjan Chatterji (LLM Tax ’07) had Nordic Energy Services, LLC. his publication cited in the landmark Sarah Halbach (JD ’15) was selected patent litigation Supreme Court to receive the Federal Defender Case [On Writ of Certiorari] Program’s Board of Director’s FTC v. Actavis, which made final Gabriel Fuentes (JD ’93) was selected as this year’s recipient of the Chicago Bar “Special Recognition Award” for her Foundation’s Lewis Pro Bono Award. The award was presented at the Chicago Bar decree on reverse settlements in outstanding work in their Intern-at-Law Association and Chicago Bar Foundation 17th Annual Pro Bono and Public pharma cases. Program during the 2014 spring term. Service Awards Luncheon on July 14, 2015. Fuentes is pictured here with award presenter, Jan Reed (JD ’84). Ursha P. Magajne (JD ’08) joined This list reflects information received Much Shelist as an associate in the by the Office of Alumni Relations and business and finance group. Development as of August 31, 2015. Thomas M. Gordon (JD ’95) was Ava A. Harter (JD ’97) was appointed published in the January 28 issue of senior vice president, general the Wall Street Journal for his op-ed, counsel and secretary at Owens “Hell Hath No Fury Like a Lawyer Corning. Scorned.” George P. Apostolides (JD ’95) was 2000s In Memoriam selected to chair Arnstein & Lehr Christopher R. McFadden (JD ’00) Northwestern University School of Law extends its heartfelt condolences LLP’s Chicago litigation practice was appointed to Lincoln-Way to the loved ones of recently deceased alumni, faculty, and friends. group. High School District 210’s board of 1940s 1960s David H. Evans (JD ’95) was education. appointed partner at Kelley Drye & Sidney Waller (JD ’47) Robert G. Jorgensen (JD ’61) Warren LLP in the firm’s antitrust Nneka Louise Rimmer (JD-MBA ’01) Arthur R. Seder (JD ’47) Judge Walter B. MacDonald (JD ’63) was appointed senior vice president and competition practice group. 1950s O. Gene Maddox (JD ’63) of corporate strategy and develop- W. Wayne Withers (JD ’65) Carlos M. Vigil (JD ’95) Don A. Banta (LLM ’50) was promoted ment at McCormick & Company, Judge James C. Kingsley (JD ’66) to vice president of sales effective- Judge Edward C. Farmer Jr. (JD ’51) Inc. Ronald E. Rokosz (JD ’69) ness at Southern Wine & Spirits of William W. Volkman (JD ’52) 1970s America, Inc. Justin Lee Heather (JD-MBA ’01) was Marvin F. Metge (JD ’53) appointed general counsel at the Charles V. Falkenberg Jr. (JD ’55) Louis A. Reisman (JD ’70) Kerry L. Bundy (JD ’96) was named a Illinois Department of Commerce Henry R. Vanhouten (JD ’57) Terrence Hutton (JD ’72) 2014 Attorney of the Year by Minne- Judge Howard R. Kaufman (JD ’57) Patrick D. Ertel (JD ’73) and Economic Opportunity. sota Lawyer. Jay Contorer (JD ’59) Judge Helen G. Cropper (JD ’78) Judge Carrie Hamilton Sussman (JD Frederick C. Fisher (JD ’02) was Sheldon Chertow (JD ’59) 1980s appointed partner in the banking ’96) was appointed circuit judge in Benjamin D. Fields (JD ’84) the 12th Subcircuit in Cook County. and finance practice at Mayer Brown. 1990s
Christopher N. Skey (JD ’97) was Jeffrey P. Palmer (JD ’03) was Jeffrey W. Eich (JD ’91) appointed chair of the board of the appointed of counsel at Greenberg development committee of Chicago Traurig in the firm’s San Francisco Volunteer Legal Services. office.
FALL 2015 | 57 CLOSING REMARKS Measure of Legal Education’s Value Extends Far Beyond Big Law BY JAMES LUPO
James Lupo is a The criticisms—constant and haranguing— The value of law school is in how well professor of practice and are terribly shortsighted. They are premised it teaches the policies and principles that the director of the Center on assessments of the initial value of a law undergird the social compacts we agree to for Practice Engagement school education, not the socially critical values as a society and which lawyers are uniquely and Innovation. law school teaches. Evaluated in this way, charged with understanding and protecting disheartening numbers are readily available. while advocating for successful, just outcomes Recently at law school To look at real worth, much more perspective for their clients’ disputes. orientation, I conducted and nuance are needed. The measure of a law school must be James Lupo a first class for the Students who choose to come to law school based as well on the traits of leadership in incoming first-year despite all of the empirical gloom and doom law we teach, not merely whether students students. I introduced them to several of the are doing so for what have always been the upon graduation ascend to leading law broad themes they will encounter throughout right reasons—not because they are liberal arts firms or lead the march to the one percent. their study of law. What does it mean to be a majors at wit’s end about a career path and not Leadership in law means developing the professional? What are the intellectual and because law school is a reliable entree to social judgment and strategic thinking skills emotional demands of practicing law? What are status and financial gain. necessary to know not only what is allowable the lawyer’s obligations to clients and the rule They are coming because they want to be under the law in any given context, but also of law? In sum, I asked them to consider the advocates and problem solvers. They want to how and when a legal resolution should apply. values of a life in the law, what it means to take learn the sharp, analytical cast of mind law We must teach our students that a lawyer’s a leadership role in a rule-of-law society. school teaches. They recognize that an ethical leadership is critical to the successful, civil I teach this class every year. Every year I walk practice of law is central to the functioning resolution of problems just as it is critical to away energized, optimistic, impressed by the of a system of ordered justice and how that the functioning of our rule-of-law society. We engagement of these new students, confident in ordered justice upholds the rule of law. They must show them that how we practice law is their success and the vitality of our profession. are returning to first principles. They seek inextricably linked to how justice is delivered. Then I return to my office, where I can usually values, not just immediate value; they seek To see institutions charged with this find at least one fresh media report about the necessary qualities of leadership, not just responsibility as irrelevant or of little how law schools are broken and questioning leading roles at the top of an increasingly value defies logic. It defies history. And it their relevance. And I wonder: Are all of these unreliable ladder of success. disparages the thoughtful and courageous amazingly gifted, motivated, data-drenched This means law schools, too, must return decisions of new law students who take on young people reckless, ill informed or to first principles and organize themselves in the challenge of becoming a lawyer when the desperate? Do they simply not understand the line with what these students are seeking. We common assessments of that decision advise pressures, economic and otherwise, that have must teach them to engage the practice of against it. kept so many of their peers from applying to law law with the values and leadership necessary Of course law schools must do all they school over the past several years? to succeed. And we must base that teaching can to make legal education available and Of course not. Quite the contrary. not just on our own assumptions of what they unburdensome upon graduation. But it is in No one disputes that the economic model need, but on what we learn by engaging with being too fast to believe the claims of law of legal education needs to be modified. Law the practice world our students will occupy school’s irrelevance and offering uninformed schools have been slow to restructure their upon graduation. change for change’s sake instead of redoubling corner of the triangular relationship among the The measure of a law school then must our commitment to teaching law practice- history of tuition increases (and how they are not be based solely on the value of its initial relevant values and leadership that we give financed), the exorbitant starting salaries at law return on investment upon graduation, but credence to the criticisms.Q firms, and the extraordinarily high fees clients on how well it instills values such as pay for the work of law school rock stars. But ethics, respect for the rule of law and deep Reprinted with permission from the September the fact is, law schools are making the required understanding of the jurisprudential thought 28, 2015, edition of the National Law Journal. structural modifications and thinking deeply that roots our conceptions of liberty and © 2015 ALM Media Properties, LLC. All rights and creatively about their students’ needs in an freedom to the rules regarding an ordered reserved. Further duplication without permis- increasingly dynamic legal services sector. administration of justice. sion is prohibited.
58 | NORTHWESTERN LAW REPORTER NEWT AND JO MINOW DEBATE SERIES AT NORTHWESTERN LAW John Donvan MODERATOR
U.S. Prosecutors Have Too Much Power
Paul Butler, Former U.S. Federal Prosecutor & Professor, Georgetown Law FOR
Nancy Gertner, Former U.S. Federal Judge & Senior Lecturer, Harvard Law Tuesday, November 10, 2015 at 6:30 p.m. Thorne Auditorium, Northwestern School of Law
Autonomy and immunity endow prosecutors with immense power within the criminal justice system. They control who will be charged, the specifics of the charge, and what goes to trial. What’s more, defendants and defense attorneys are not permitted to be present during the grand jury process preceding and determining criminal indictments. Critics charge that there is an epidemic of prosecutorial misconduct, encouraged by an opacity and lack of accountability that threatens our legal system and democracy itself. David Hoffman,Former But when the system works well, they are able to effectively prosecute crimes of great U.S. Federal Prosecutor & Partner, Sidley Austin complexity. Is it time to rein in prosecutors?
About the Newt and Jo Minow Debate Series at Northwestern Law: Presented in partnership with Intelligence Squared Debates, this debate initiates the newly-founded AGAINST Newt and Jo Minow Debate Series. The Minow Debate Series are made possible by friends and colleagues of Newton N. Minow, a 1950 graduate of Northwestern Law, who together donated funds to honor his numerous contributions to public and civic life by establishing an endowment to support a series of debates that engage outside experts, Reid Schar, Former law school faculty, and students on important and timely legal topics. U.S. Federal Prosecutor & Partner, Jenner & Block law.alumni.northwestern.edu/minow Nonprofit Organization US Postage Office of Alumni Relations and Development PAID Northwestern University School of Law 375 East Chicago Avenue Northwestern University Chicago, Illinois 60611 USA