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SUMMER 2012 Harvard Lawbulletin In a new environment, training lawyers to solve problems together Degrees of Change IN THIS ISSUE volume 63 | number 2 | summer 2012 1 FROM THE DEAN 2 LETTERS 3 INSIDE THE CLASSROOM Reading groups offer students (and professors) opportunities to cover new ground. 5 THE CLINICAL CLASSROOM N O Students design appeals process for 3 page 34 new consumer watchdog agency. PETER AAR 6 STUDENT ENDEAVORS An enterprising organization 7 FACULTY VIEWPOINTS 20a The Ripple Effect Exploring Citizens United’s effect on a wide spectrum of stakeholders A watershed year for the Environmental 9 SYMPOSIUM Law Program A global gathering to celebrate Frank Michelman ’60 10 ON THE BOOKSHELVES 26a In the Driver’s Seat Shugerman explores the history of The changing role of the general counsel judicial selection in the U.S.; Mack reframes the story of America’s civil rights lawyers; Goldsmith points to 31a Closing the Deal a robust balance of power and new forms of presidential accountability in HLS grads are at the center of a record the fight against terrorism. $25 billion mortgage agreement. 16 THE MATRIX A sampling of HLS alumni in the na- tional security field since 9/11 34a The Way We Live Now 18 REPRISE A day in the life of the school’s new living The revival of a student-funded fel- and learning center lowship that has yielded rich returns 39 CLASS NOTES assistant dean for communications After death camps, a force for life; At- Robb London ’86 ticus Finch with a laptop; Leading my editor Emily Newburger hometown; Giving counsel to Ethiopia managing editor 57 HLS AUTHORS Linda Grant editorial assistance 58 TRIBUTE Sophy Bishop, Jill Greenfield ’12, Professor Charles M. Haar ’48, 1920- Carolyn Kelley, Aliza Leventhal, 2012 Christine Perkins, Lori Ann Saslav, Kim Wright 59 IN MEMORIAM design director 60 REUNIONS Ronn Campisi 62 HLS CONNECTS editorial office 5 page 7 Harvard Law Bulletin, 125 Mount Auburn St., How one human rights lawyer found Cambridge, MA 02138 email: [email protected] her role in international law website: www.law.harvard.edu/news/bulletin 64 HLSA NEWS 5 paage 20 send changes of address to: [email protected] 66 LEADERSHIP PROFILE The Harvard Law Bulletin (ISSN 1053-8186) is published Jody LaNasa ’94 two times a year by Harvard Law School, 1563 Massachusetts Ave., 68 GALLERY Cambridge, MA 02138. © 2012 by the President and The writing on the walls Fellows of Harvard College. Printed in the U.S.A. FROM THE DEAN Environment and Community Our environment— all that surrounds Student Center, Clinical Jacobs ’81—assist cities with We also report here Wing Building also reflects climate adaptation, advance on the changing role of us—crucially environmental conscious- renewable energy initiatives general counsel, studied affects growth and ness. and guide landowners by the Program on the development. Never Now is an especially in addressing risks from Legal Profession under has this been more good time to celebrate the hydraulic fracture mining, the supervision of apparent at HLS. HLS Environmental Law among other novel work. Professor David Wilkins Program. Started six years We remember here an ’80; our alumni who At the April house- ago by Professor Jody environmental pioneer, encountered one another warming celebration, Freeman LL.M. ’91 S.J.D. Professor Emeritus Charles at the negotiations of Abby Milstein ’76 described ’95, it is working to educate M. Haar ’48, whose work the historic $25 billion our new building as a a community of lawyers leading the cleanup of mortgage agreement that “living room for the law who will engage with Boston Harbor was just one will provide financial school”—a place for “teach- environmental concerns in of his many improvements relief to homeowners who ing and learn- whatever fields to environmental quality were victims of improper ing, writing and they pursue. Our and land use. foreclosures or servicing thinking, meet- Bulletin story A trip to a new abuses; and the revival of ing and talking, looks at projects environment changed the student-funded fellowships creating and of this burgeoning work of Frank Michelman supporting public service innovating, orga- program, ’60, the Robert Walmsley in a tradition started in the nizing and acting, resting, flourishing with the arrival University Professor. His 1980s. We offer reports on refreshing, eating, drink- of Professor Richard travels to South Africa new books by HLS faculty, ing and even getting some Lazarus ’79, the nation’s in the mid-1990s led to a glimpse of our graduates sunshine.” Thanks to the pre-eminent environmental deep engagement with the working in the national generous alumni and their scholar-practitioner. (This development and drafting security community since families who made it a real- August, Kate Konschnik, of that nation’s constitution. 9/11, and notes on other ity, conversations, connec- environmental counsel for In February, South African activities of students, faculty tions, learning and fun fill Sen. Sheldon Whitehouse judges and scholars joined and alumni while offering the new spaces. This issue of [D-R.I.], will become the guests from Europe, Canada thanks to all of you who the Bulletin shares images program’s new policy and the United States in nourish the environment of of our new environment. director.) celebrating Frank, who our extended community. Awarded LEED Gold certi- As the story explores, will become emeritus this fication (as rated by the U.S. students at the Emmett summer after 49 years of Green Building Council), the Environmental Law and service to Harvard students Wasserstein Hall, Caspersen Policy Clinic—led by Wendy and colleagues. summer 2012 harvard law bulletin 1 LETTERS DOUBLE Strength The connection between Harvard Law School and the policy world of Washington, D.C., has historically been strong, with some faculty taking leave to work in A new collaboration Washington and A VINDICATION OF THE PHYSICAL OBJECT others coming between HLS and to teach at HLS after working in Brookings takes on government first. security issues But this fall it was I received the new issue bolstered and formalized by the by katie bacon inauguration of the Harvard Law School-Brookings [Winter 2012] in the mail yesterday, and Project on Law and Security—a collaboration that seeks to pair I have to tell you it was fantastic—filled the academic expertise of HLS professors on issues of national and international with really interesting content, which security with the policy expertise made me feel just wonderful about my and access of the Illustration by daviddav pohl winter 2012 harvard law bulletin 23 association with HLS. But strikingly, 22 harvard law bulletin winter 2012 22-47_HLB_Winter12_05_r1.indd 23 11/15/11 3:00 PM 22-47_HLB_Winter12_05_r1.indd 22 11/15/11 2:59 PM it was also beautifully designed. The fonts, layout, graphics were lean and serving. Claiming that representing of suspected “enemy combatants” powerful, bold and dynamic. It all Congress in its defense of DOMA is without charge or trial, from a variety suited the content and made me want “not that different from representing of perspectives. Some, perhaps, will to dig into it. It supported and reflected Guantánamo detainees” fundamentally conduct their analyses free of ideology. the idea of a law school bridging theory misunderstands the role of lawyer But Ms. Bacon should have noted and practice, past and future. Each and intentionally draws a false that Mr. Wittes takes the field very page was a well-composed course in equivalence. In Clement’s formulation, much as a partisan: a partisan not the visual and intellectual meal. Even it is no more noble for a lawyer to of either party, but of broad fealty to the paper—no longer the “impressive” represent Dred Scott or Oliver Brown executive power, official impunity glossy stock, but more matte and than to represent Sandford or the and extraconstitutional detention tactile, and smartly square-bound— Topeka Board of Education, nor should policy. To take one example, Mr. contributed to my engagement with the representing Sandford or Topeka be Wittes has argued on his Lawfare magazine. It’s possible that the current grounds for criticism. The principle blog against legal accountability for format has been in place for a few that even unpopular people and the policymakers and lawyers who issues now, but this is the first time I’ve ideas deserve legal advocacy stems constructed the Bush administration’s had the time to really engage with it, from the idea that lawyers and courts secret prison and detainee torture and it’s just really engaging. must protect unpopular minorities regime (even in Ms. Bacon’s article, The whole thing is a vindication from potential majority oppression. Mr. Wittes dismisses the notion of the physical object in a world of It is incoherent at best to argue that of “endless events talking about virtual media. A glowing 9-by-7 screen defending a law passed by a majority interrogation techniques”). The Obama is nothing like an 8.5-by-11 page in of Congress whose very purpose is Justice Department’s abdication of its ambient light with a nice feel in the limiting the rights of a historically responsibility under the Convention fingers, a two-page view, the ability to unpopular minority is value-neutral Against Torture and the War Crimes fold the page over to remind me to come advocacy and what “lawyers do when Act to credibly investigate the torture back to it and the ability to scribble my we’re at our best.” program suggests that Mr. Wittes’ reactions in the margin. Steven Abt ’09 views are in line with those that It’s quite exciting to see magazines New York prevail in the halls of power.