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 58 TRIBUTE editorial assistance 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: 64 HLSA NEWS www.law.harvard.edu/news/bulletin 5 paage 20 send changes of address to: 66 LEADERSHIP PROFILE [email protected] 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. Those adapt to the Internet and iPad era (The views nevertheless represent a New York Times Magazine, e.g., has MORE DISCLOSURE NEEDED ON particular ideology, extreme in its ‘PARTISAN’ VIEWS done it well, I think), and it seems that exaltation of the prerogatives of this challenge has made the HLB even In Katie Bacon’s article on authority at the expense of universal better than it was before. Kudos. the new HLS-Brookings Institution human dignity. As we enter our Ron L. Meyers ’98 Project on Law and Security (“Double second decade of post-9/11 wars, it New York Strength,” Winter 2012), co-founder would have been helpful if Ms. Bacon Benjamin Wittes claims that the had reminded the Bulletin’s readers DEFENDING A LAW THAT LIMITS RIGHTS OF A project will “[produce] nonideological where Mr. Wittes, and the Brookings MINORITY IS NOT VALUE-NEUTRAL ADVOCACY analytic work” for the benefit of Institution, are coming from. In “Defending Unpopular policymakers. The project may indeed Ravind Grewal-Kök ’00 Positions Is What Lawyers Do” bring together students and academics Brooklyn, N.Y. (Winter 2012), Paul Clement makes to approach national security issues, Kristian Borg-Olivier ’00 a claim (astonishingly echoed by such as the government’s “secret” Toronto Attorney General Eric Holder) that drone assassination program and its is as plainly wrong as it is self- apparently endless imprisonment G continued on page 63

† WRITE to the Harvard Law Bulletin, 125 Mount Auburn St., Cambridge, MA 02138; email [email protected]. Letters may be edited for length and clarity. INSIDE THE CLASSROOM Reading groups offer students (and professors) OPPORTUNITIES to cover new ground Page Turners

Last summer, Professor Robert Mnookin ’68, an expert in the field of conflict resolution and negotiation, found himself wanting to know more about U.S.-Cuba relations. “I had an idea that there was a very interesting set of questions related to when, how and whether the two countries would ever negotiate a reconciliation,” he says. He decided to investigate by teaching a reading group—a small, 1-credit class with no exams or graded papers, where 2Ls and 3Ls are able to dig deeply into a given topic in a way that provokes extended discussion among the group. “I am not an expert on Cuba; I’m an expert on negotiation, and what a reading group allowed me to do is learn with the students about an area I didn’t know much about,” he says. For students, reading groups are a way to study with professors in a less formal setting, and to discuss topics that often go beyond the purview of regular HLS classes. This academic Christopher William Swift-Perez ’12 and year, 43 reading groups (see sidebar) were Maxeme Tuchman offered to upper-level students (non-credit M.B.A./M.P.P. ’12 versions are available every year for 1Ls). Meredith Boak ’12, who took Professor Charles Fried’s course The Good Life and Seleelected READING Living Well, says of the reading group experience: “It’s a much more tightly knit A sampling of the 43 reading groups offered to 2Ls and 3Ls this year

ProProfessoro Roberbe t Mnoon kin leadsds thhe reaeade ingiin grg oupou Negotiott ation: The Recoconciliaatioi n wiitthh CCuba.ba Critical Race Theory, Professor Population, Assistant Professor I. Kenneth Mack ’91 Glenn Cohen ’03 Great Book (‘The Magic Public Domain and the Mountain”), Professor Richard American Ideal, Professor Parker ’70 Charles Nesson ’63 Jewish Law and Legal Theory, Real Science, Junk Science Professor Noah Feldman and CSI, Professor of Practice Judicial Independence, Nancy Gertner Judicial Ethics, and the First Roman Law, Professor Charles Amendment, Senior Research Donahue Jr. Fellow and Lecturer on Law The Supreme Court’s 2010 Margaret Marshall Term, U.S. Supreme Court Justice Market Efficiency and the Elena Kagan ’86 Crisis of 2008-2009, Professor Tocqueville, Reinier Kraakman Professor Mary Ann Glendon Natural Law and Positive Transnationalism and Law, Professor Lewis Sargentich ’70 Constitutionalism, Professor Vicki Jackson

Photographs by kathleen dooher summer 2012 harvard law bulletin 3 learning environment—there’s nowhere to hide in the classroom. You get to engage with the professor more, and the conversation is much more organic and fluid.” The syllabus for the class Fried offered this spring, which considers the interplay for lawyers between happiness and ethics, included Sidney Sheldon’s “Rage of Angels,” “a sort of junky novel to get in the mood,” Ashley Nyquist ’12 and Ronald Anguas as Fried describes it, about a young J.D./M.B.A. ’12 lawyer whose professional choices lead her down an unethical path. They went on to the “IT’S A MUCH MORE process that he went students to clarify their thoughts, essay “On Experience” TIGHTLY KNIT LEARNING through to come to his often pushing them to reframe them by the philosopher ENVIRONMENT— conclusions,” she says. in more forceful ways. Ronald Anguas Montaigne, and the DOJ In a March session J.D./M.B.A. ’12 suggested that if the Office of Professional THERE’S NOWHERE of Mnookin’s reading U.S. were to start negotiating with Responsibility’s report on TO HIDE.” group, the class had Cuba, it would amount to admitting the conduct of John Yoo, a spirited back-and- that the whole embargo might have author of the so-called torture memos, forth about Cuba’s recent political been misguided: “If the Castro regime during the Bush administration. Fried’s history and the barriers to negotiation outlasts the embargo, what does goal, he says, is to pick readings that between the U.S. and the Castro regime that mean for other regimes who are allow students to “speak personally (Jonathan Hansen, a lecturer in social holding out?” Mnookin responded that and freely about the choices they’ve studies at Harvard and the author of Anguas was pointing out a problem made, and compare those to the choices “Guantánamo: An American History,” that’s common in legal disputes— of others.” Also on the syllabus was helped teach the class). The readings being afraid that settling looks like Fried’s own book “Because It Is Wrong: assigned for that week included an admission of guilt. In negotiating, Torture, Privacy and Presidential an essay by a Cuban dissident, an Mnookin continued, “it’s a matter Power in the Age of Terror,” and Boak article from a law and trade journal of framing things differently—you points to the unusual experience of on the Helms-Burton Act, and a New need to help each side figure out the being able to talk through a professor’s Yorker “Talk of the Town” piece on story they can tell themselves to make ideas with him. “What I really Cuba’s split identity. Throughout, compromise seem worthwhile.” What appreciated was seeing the thought Mnookin gently but firmly nudged the story, he asked, could the U.S. tell here? That day, a few of the students shared their perspectives as Cuban- Mnoookio n fi rst Americans while a couple of Latin conceiveded off the class as a American students spoke about way to exploree a scholarlyy growing up with an outside view of the interest butut long diplomatic war between the U.S. foufo nd it becamee sommethetht ing and Cuba. William C. Marra ’12 said ricicher. that along with back-and-forths with the professor, the reading group format allows for dialogue among students, in this case giving them space to express their personal views of Cuban history and politics. For Mnookin, who started the reading group as a way to explore a scholarly interest, the class has become something richer: “I’m getting even more out of it than I anticipated.” —Katie Bacon THE CLINICAL CLASSROOM

An Appealing Design Students devise an appeals process for the new CONSUMER WATCHDOG AGENCY

Last year, after EliEl zababbethet Grossosso ’13,133, RyaannB Blodgetgettt ’121 Rory Van Loo ’07 left anda Jeff MonMoM haihaait ’1122 the Consumer Financial Protection Bureau implementation team to become assistant director of the Harvard Negotiation & Mediation Clinical Program, he asked his former colleagues how HLS students might assist the new agency. It had been created by Congress in 2010 largely thanks to the vision of HLS Professor Elizabeth Warren, and its mission included examining certain consumer financial services companies and large banks and credit unions. But the legislation creating it did not establish an appeals process for examining findings. Creating that process researching STUDENTS HAD THE policy at resolution system,” he says. became a project for three best practices RARE CHANCE TO the agency, “Most of the time, we are students in the Harvard in this area, and says it was coming into an organization Negotiation and Mediation determining CREATE A DISPUTE particularly that already has some kind Clinic. In December they how to structure RESOLUTION SYSTEM important of a dispute resolution flew to Washington, D.C., a system that FROM SCRATCH. to have the system in place and we are to meet with officials at the would have students modifying or redesigning agency, including current legitimacy in the “provide it, but this gave us the rare Director Richard Cordray, to eyes of all the stakeholders. an independent, unbiased chance to start from a clean present their vision for such “We spent a lot of time approach to researching slate.” an appeals system. thinking about how to a topic about which there Creating something from Under the leadership balance the system so that were a variety of viewpoints scratch also appealed to the of HLS Clinical Professor it was not one that just the within the bureau.” students. “In law school, Robert Bordone ’97, director agency would be happy For Bordone—whose it seems we are always of the clinic, the team—Ryan with,” says Blodgett. clinic won the 2010 Problem evaluating and thinking Blodgett ’12, Elizabeth The presentations and Solving in the Law School about making incremental Grosso ’13 and Jeff Monhait accompanying white paper Curriculum award from changes in entrenched ’12—had spent hundreds are useful resources as the the International Institute processes,” says Grosso. of hours during the fall bureau staff determines for Conflict Prevention & “That we could think, from semester interviewing whether it will establish Resolution—it was an ideal the ground up, about what officials at the new an appeals process. Mira project for his students. the best process would be consumer bureau and other Marshall, program manager “An appeals process was really cool.” federal and state agencies, of large bank supervision is essentially a dispute —Elaine McArdle

Photograph by kathleen dooher summer 2012 harvard law bulletin 5 STUDENT ENDEAVORS

An Enterprising Organization Helping students navigate the world of LAW AND BUSINESS

For students interested in the conflfl uence of business and law, advisory board have a J.D., and some are J.D./M.B.A.s. Some work there is one group on campus that has taken the lead in con- as general counsel for corporations, and some work for invest- necting them with business fi gures for career advice. Led for the ment fi rms … so we have people who can provide advice for those past two years by Matthew Schoenfeld ’12, the Harvard Associa- planning a more traditional legal career or those who plan to do tion for Law and Business has grown from an organization of 50 something different.” to one of more than 700 members—drawn by a robust weekly Katherine Petti ’13, the corporate law co-chair on HALB’s speaker series as well as other events that promote networking advisory board, said the mentor piece is especially important for and mentoring, among other benefifits. women, “who I believe need to know … that they have a place at “We have an advisory board of nearly 30 alumni who are the highest levels of law and business.” prominent in their respective fields,” said Schoenfeld, who is co- The group’s focus on networking and mentorship is supported president this year with Peter Krause ’12. “We match them with by its roster of speakers, most of whom are alumni, who arrive on students. That is an attractive feature, too.” campus, on average, twice per week. This year they ranged from It has been for Miguel Abugattas ’12, who joined HALB as a real estate developer Howard Milstein ’76 to Morgan Stanley 1L and now serves as the group’s vice president. Abugattas said chief investment strategist David Darst to hedge fund founders he’s found it useful to discuss summer internships and possible David Bonderman ’66, Mitch Julis ’81, Seth Klarman, Jody LaNasa job prospects with his alumni mentor, Sarah Kim J.D./M.B.A. ’05, a ’94, David Rubenstein, Anthony Scaramucci ’89 and Paul Singer principal at the private equity fi rm of Clayton, Dubilier & Rice. ’69 (to name just a few). The process of becoming a lawyer “is much harder if you “Our speaker series takes a more long-term view of people’s want to go off the beaten path,” said Abugattas. “That is where careers,” said Schoenfeld, “and in turn, it helps students to con- the mentor relationship really stands out. All members of the ceptualize their own.” —Mary Tamer

6 harvard law bulletin summer 2012 Illustration by justin renteria FACULTY VIEWPOINTS

After Citizens United HLS professors consider consequences of and responses to THE CONTROVERSIAL SUPREME COURT DECISION

The Supreme Court’s In his article “Unions, economic order, and ... large 2010 Citizens United Corporations, and Political percentages of the public depend Opt-Out Rights After Citizens for income on both.” He suggests decision allowed United,” Assistant Professor that legislative intervention unlimited political Benjamin Sachs exposes one over- to provide opt-out rights to expenditures by looked consequence of the decision. shareholders would remedy the He writes that while campaign asymmetry and would ensure that corporations and finance law treats corporations and shareholders do not have to endure unions, which have unions equally as far as political the cost of being shut out of the been used to help spending, labor law permits union market if they object to political members to opt out of funding expenditures. He also contends fund campaign union political activity while no that the asymmetry may raise a commercials that have such right exists for shareholders. constitutional difficulty by treating flooded the airwaves The most common argument political speakers differently for this asymmetry, says Sachs, is without justification, favoring during this election that union workers are compelled corporations over unions—an even season. Not every to fund political speech while bigger issue when unlimited money aspect of the decision shareholders aren’t compelled to is involved, he says. fund corporate political speech. “As unions spend more member is so visible, however. But, he writes, “both employment money, members may well decide In recent writings, and investment constitute to exercise their opt-out rights, and several Harvard Law significant economic opportunities shareholders would have no right faculty members in the contemporary American to do that,” Sachs says. have explored how Citizens United affects a spectrum of stakeholders, including shareholders, corporations, unions and voters.

Illustrations by andy martin summer 2012 harvard law bulletin 7 FACULTY VIEWPOINTS

Also related to corporate political expenditures is an article New rules are needed by Professor Lucian Bebchuk to govern corporate LL.M. ’80 S.J.D. ’84 (co-written with Columbia Law School Associate political speech, Professor Robert Jackson ’05) giving shareholders titled “Corporate Political more say, according Speech: Who Decides?” Currently, corporate political to Bebchuk. speech is subject to the same rules as ordinary business decisions. But Bebchuk writes that, unlike in Professor John Coates wants shareholders to typical business decisions, “the interests of directors and know about and have control over how their executives with respect to political speech decisions may investments are spent on political expenditures. diverge from those of shareholders, … and that the costs In a paper titled “Fulfilling Kennedy’s of the divergence of interests may be exacerbated by the Promise: Why the SEC Should Mandate special expressive significance that these decisions carry Disclosure of Corporate Political for shareholders.” Activity” (co-written with Taylor Lincoln of With the Citizens Unitedd decision expanding the scope Public Citizen), he writes that the sources for of constitutionally protected corporate speech, designing about half the money spent in the first election special rules for that speech becomes more important, cycle after Citizens Unitedd were kept secret, even Bebchuk writes. In addition to mandating disclosure, he though the majority opinion in the case was proposes that lawmakers adopt rules that would grant premised on the expectation that corporations shareholders the right to decide on the amount and target would disclose expenditures. In addition to of political spending and have independent directors recommending mandatory disclosure, he argues oversee speech decisions. While benefiting shareholders, that investors should have a right to vote on a such rules would not limit corporations’ speech rights proposal for a company to seek shareholder but would serve “as a method of determining whether approval for any political spending. the corporation actually wishes to engage in political “I think the [Citizens Unitedd] decision does have speech,” he writes. “Thus, these rules protect, rather unique effects for public companies,” Coates says. than abridge, corporations’ First Amendment interests.” “We all own those public companies, through index funds and the like.” His research shows that disclosure would Professor Lawrence Lessig not harm corporate value. Indeed, he has found writes about Citizens United that companies that voluntarily disclose have in his new book “Republic, higher valuations than similar companies that Lost: How Money do not. “Most likely, managers who are making Corrupts Congress—and good decisions about spending money and are a Plan to Stop It,” in which confident about it are happy for disclosure he calls for sweeping campaign because they’re happy to explain what they’re finance reform. While agreeing doing,” says Coates. that the group Citizens United had a right to practice political speech with its own funds, he says, “I think the case is wrong from the standpoint of the precedent it establishes that Congress can’t be regulating at all, even if it’s right that this particular company Congress shouldn’t have had the power to regulate.” The case, Lessig says, has exacerbated the corruption of the political system, which he defines as not bribery but a process dependent on raising money: “I think it’s reinforcing what people already thought, which is, This is a system where money buys results.” He adds that citizen disengagement increases when extreme sums of money influence the political process, and with Citizens Unitedd, that problem has only gotten worse. —Lewis I. Rice

8 harvard law bulletin summer 2012 SYMPOSIUM

A Career of ‘Reflective Equilibrium’ Celebrating Frank MICHELMAN

Professor Frank Michelman at the constitution. According to symposium honoring his career Professor Karl Klare ’75 of Northeastern University School of Law, who has worked on legal issues in South Africa, “Frank and South Africa bonded” because the country embraced his dreams of socioeconomic justice. Former Chief Justice of the Constitutional Court of South Africa Sandile Ngcobo LL.M. ’86 accentuated that point later, saying, “Some of his writings about our constitution and the U.S. Constitution have been very important to our country, in particular on socioeconomic rights.” Arthur Chaskalson, who also served as chief justice of that court, said that Michelman has been in the forefront of intellectual discourse in South Africa on constitutionalism. “South Africa has been a laboratory In the mid-1990s, Dennis “IF WE ALL HAD LISTENED TO FRANK, WE WOULD BE A for issues that have been Davis, then a judge of the KINDER, GENTLER NATION NOW.” a peak concern for you,” High Court of Cape Town, he said. Acknowledging sought out HLS Professor tribute to Michelman as law and philosophy. Michelman’s retirement Frank Michelman ’60 he prepares to retire after Participants’ reflections from HLS, Chaskalson to advise South African nearly half a century on the revealed a glimpse of concluded, “But please don’t officials on constitutional HLS faculty. The symposium Michelman’s global retire from South Africa.” interpretation. “From that included panels focusing influence, while generating Among the symposium moment on, he became a on two of Michelman’s the rigorous discussion for participants were some resource person for us. We signal achievements: his which he is so well-known. of Michelman’s former regard him as one of ours,” comparative constitutional Attendees recounted students, including said Davis. “It’s a very, very law work, which has the troubled history of Katharine Young LL.M. deep relationship.” involved him in an ongoing South Africa and cited the ’03 S.J.D. ’09, a lecturer at In February, Davis was dialogue with South African importance of studying the Australian National among jurists and scholars jurists over the country’s other countries’ models, University College of Law. who had come from around post-apartheid constitution, including the United States’, “If I’m ever uncertain about the world to participate in a and his scholarship on in the formation of its new how to teach a student,” she

Photograph by jon chase web extra: Watch the symposium at: hvrd.me/Michelman2012 ON THE BOOKSHELVES recalled in an interview after the event, “I reflect back on memories of him.” Elected vs. Appointed? In a panel on law and philosophy, Dean Robert Post of Yale Law Shugerman explores THE HISTORY School called Michelman’s writing OF JUDICIAL SELECTION in the U.S. “so wise and perfectly tactful.” Post cited Michelman’s article on “Human Rights and the Limits of When Assistant Professor Jed Handelsman Shugerman was a Constitutional Theory,” in which he law student at Yale, former Tennessee Supreme Court Justice Penny addressed the question of whether White spoke as a guest in one of his classes. White was a pro-death human rights require democratic penalty Democrat who had voted in one case to overturn a death legitimization. Michelman, he said, sentence. When she ran to keep her seat, conservative groups stood on the side of upholding rights rallied against her. She ultimately lost. “Her story raised basic regardless of popular opinion. “If we questions for me as a law student about the relationship between all had listened to Frank, we would law and politics,” Shugerman says now. His interest in the subject be a kinder, gentler nation now.” couldn’t be more relevant. Today, about 90 percent of state judges Michael Sandel, professor of must run for office, and the elections have become increasingly government at Harvard University, expensive and nasty. Shugerman provides historical perspective recalled that when he was a student on judicial elections and other methods of judicial selection in his at Oxford, he sought out work by new book, “The People’s Courts: Pursuing Judicial Independence in Michelman which posited that it’s America” (Harvard, 2012). possible to interpret the Constitution Seven years in the making, “The People’s Courts” sent through a lens of justice. He called Shugerman digging through archives around the country. His book Michelman “a gentle and affectionate is a thorough account of the turning points, political and economic sparring partner on questions of law forces, corrupt power struggles, and intellectual thought that have and political philosophy.” shaped how Americans choose their state judges, from Colonial Margaret Jane Radin, a professor times to the present. at the University of Michigan “I began the book feeling horrified by American judicial Law School, praised Michelman’s elections,” Shugerman says. When his research revealed that a “reflective equilibrium,” noting his significant impetus behind them was to correct for the corruption ability to negotiate the challenge of applying philosophy to politics. “This is a unique contribution, one that is without parallel, and truly one that is justly celebrated.” Justice Rosalie Silberman Abella of the Supreme Court of Canada spoke of the philosophy of judging, noting that the way judges frame an issue determines their choices, and the need for judges to make decisions regardless of public opinion. Turning to Michelman, she noted that he began his HLS teaching career in 1963, the momentous year of Martin Luther King’s “I Have a Dream” speech and John F. Kennedy’s civil rights address. King, she recounted, later spoke of the moral arc of the universe bending toward justice. “I think there is a moral universe you’ve created for the rest of us,” she said. —Lewis I. Rice

10 harvard law bulletin summer 2012 A Judge’sPERSPECTIVE

and partisanship of judicial appointments, he saw that Justice Marshall looks judicial elections had a good-faith logic in their 19th-century at issues of judicial context. From the republic’s earliest days, Shugerman notes, the challenge of judicial selection has been to balance judicial independence accountability, which demands that judges bend to popular and political pressures, and judicial independence, which demands Shugerman’s book, there. Where that line is judicial allegiance to the rule of law. As he mined the historical “The People’s Courts,” drawn on what judges record, he found that judicial election advocates vied for is already being put can say during an elec- popular support for their cause by framing it primarily in terms to good use. Margaret tion campaign, what the of judicial independence. Marshall, the recently confifi nement can be, is This was a theme that was repeated throughout American retired chief justice a very diffificult issue.” history, Shugerman found, whether the method of judicial of the Massachusetts Students in Marshall’s selection being advocated was elections or another approach. Supreme Judicial Court, course looked at what “That judges should be separate from politics, that judges now a senior research the law says about should be doing something other than voting with public fellow and lecturer campaign speech for opinion or voting because of partisanship—that core idea of at HLS, used it this state judges, including judicial independence animates the story all the way through,” spring to introduce her campaign fi nancing and he says. “It was a real surprise to me. I thought I would see students to the history issues related to Citizens judicial accountability as the rallying cry of reformers, in part of judicial elections in United. because I think, over the last couple of years, we’ve seen more her seminar on judicial Marshall never faced demand for judicial accountability.” At the same time, he found independence. a judicial election herself that the economic interests of various groups and the coalitions Electing a judge is (judges in Massachu- they created were also a driving force behind judicial selection very different from elect- setts are appointed for a reform movements throughout American history. ing a legislator or ex- single term, lasting until Shugerman discovered that at first the plan to create a more ecutive, because judges they turn 70), but her in- independent judiciary through popular elections worked. must be impartial, notes terest in the topic comes The first generation of elected judges in the early 19th century Marshall, who is author from her deep concern exercised the power of judicial review far more often than their of the majority opinion for justice. “From the predecessors did. Perhaps ironically, these democratically in the 2004 decision that people’s point of view, elected judges were also the first to criticize democratic made Massachusetts the justice in America is excesses and to argue from a countermajoritarian perspective. fi rst state to recognize delivered fi rst and fore- Shugerman’s legal-historian colleagues emphasize the the marriages of same- most through the state groundbreaking nature of his explorations into judicial sex couples. Politi- courts,” she says. Factors elections. But his book is not limited to elections. “The People’s cians make campaign ranging from the decima- Courts” demonstrates that, over 250 years, various judicial promises all the time, tion of state court bud- selection methods have arisen; succumbed to inevitable and the people can vote gets to the politicization corruption, partisanship or economic pressures; and fallen, in them out if they don’t of state judicial elec- largely cyclical fashion. deliver. “The challenge tions by unprecedented Of all the methods he looks at, Shugerman claims that merit when it comes to judicial sums of special interest selection, which involves vetting by a panel of professionals elections,” Marshall funding to the loosen- and executive appointment to a first term, followed by retention says, “is that judging in ing of ethical strictures elections, has yielded the most judicial independence. It is the postelection role is on judicial campaign currently employed in about 20 states. But he warns that it, too, a commitment to the speech are, she says, may be adversely affected by the excessive campaign spending law. You cannot say, ‘If “putting that delivery of that preceded and may now be accelerated indirectly by Citizens elected, I will always justice at risk.” Shuger- United. impose a death penalty man’s book, she says, “is Shugerman, who joined the HLS faculty in 2005, calls in a case where the jury a brilliant description Harvard “a hotbed for legal history” and is grateful to can conclude that there that we all need to know colleagues whose comments on his work helped him refine his was a murder,’ or ‘I will about to understand arguments. For his next project, he is taking on the history of never allow a class ac- what led us to this America’s federal prosecutors, particularly how the tension tion.’ That’s inconsistent particular place. This between partisanship and professional independence has with your role as a judge. book could not be more played out over time. “That project,” he says, “might be called So, there’s a real tension timely.” —JZ ‘The People’s Prosecutors.’” —Jeri Zeder

Illustration by david pohl summer 2012 harvard law bulletin 11 ON THE BOOKSHELVES

The Balancing Act Mack reframes the story of America’s CIVIL RIGHTS lawyers

In 1932, in a Philadelphia to be treated in the same HOW DO OUTSIDERS courtroom, a defense waay as white attorneys, at NEGOTIATE THE LEGAL attorney representing a man a time when things were PROFESSION IN AN ERA accused of murder cross- veery different beyond the examined a police officer. coourthouse walls. Although OF SEGREGATION? There was nothing unusual hee was called “Sir” by the about this scene, except whhite police officer he was higher level. Houston’s that the defense attorney, quuestioning, it’s unlikely, handling of the defense of Raymond Pace Alexander wrrites Mack, that Alexander George Crawford, a black ’23, was black, and the woould have been served man tried in Virginia in officer he was aggressively in the restaurant across 1933 for murdering a white questioning was white. between their racial identity the street. Yet he gained a woman, is portrayed as This scene is one of and their participation in the certain degree of acceptance a watershed moment. In many dramatic moments predominantly white legal among the white lawyers in Mack’s suspenseful account, in the new book by profession. They claimed a the room. we see Houston—a skilled Professor Kenneth Mack ’91, distinctive—and sometimes Charles Hamilton orator and strategist—forge “Representing the Race: The problematic—role, he Houston ’22 S.J.D. ’23, relationships with the Creation of the Civil Rights argues, as representatives of the vice dean of Howard white bar, saving his client Lawyer.” Mack’s collective an entire race. Law School, who would from the death penalty and biography of a group of The book emphasizes the transform the school into proving what a black lawyer black lawyers who worked courage that was required a training ground for civil could achieve in a Southern in the era of segregation for black advocates to step rights lawyers, took that courtroom. But we learn explores the tension into a courtroom and ask acceptance to an even that after Crawford began to voice complaints about his defense, Houston would come under sharp criticism from within the NAACP, which called into question whose interests he was representing. Thurgood Marshall is at the center of the book, but Mack reframes the story of Marshall’s legal career, which traditionally has been presented as a direct reaction to segregation that led to his victory in Brown v. Board of Education. He was attacking Jim Crow, says Mack, but like a generation of black lawyers, he was also attempting to convince both blacks and whites that he represented their particular points of view.

12 harvard law bulletin summer 2012 Illustration by david pohl Blackack and CRIMSON

HLS brought them together and made them feel apart

Charles Hamilton Houston “They’re well-educated,

’22 S.J.D. ’23, Raymond they’re ambitious, and ! Pace Alexander ’23, Ben they’re coming here to be ter) and his NAACP litigation team in the pivotal Crawford case Davis ’29 and William part of something larger— Hastie ’30 S.J.D. ’33—all that’s what Harvard Law % Ben Davis (third from left) in 1949, outside the courtroom of these black civil rights School does historically— where he and other leaders of the attorneys graduated from but they’re still connected American Communist Party were sentenced to several Harvard Law School within to local black communi- years in prison a 10-year period. (And ties,” he says. “And for the others, such as Pauli Mur- rest of their lives they are ray, longed to attend; she torn between the two.” applied almost 10 years According to Mack, before the school admit- Ben Davis, who eventu- † Raymond Pace Alexander, who be- came one of the most successful trial ted women.) ally became an offificial lawyers in Philadelphia and a leader of It was a time when in the American Com- the national black bar black people were migrat- munist Party, embodies ing north, notes Kenneth the complexity of that Mack, author of “Repre- relationship. Even after senting the Race.” HLS had being imprisoned for his long been the national law political affifiliations, when school, he says. “These he was released and came black lawyers are part of to speak at the Harvard that,” he adds, noting that Law Forum, “he looks back many of them were inflflu- wistfully to his years at enced by Roscoe Pound Harvard Law School, when ! Pauli Murray, according to Mack, had long and Felix Frankfurter, HLS he met all these young, felt like a man trapped in a woman’s body. “I would gladly change my sex to meet your re- faculty who urged them to white lawyers-to-be who quirements,” she wrote to HLS, “but since the

FE INSTITUTE, HARVARD UNIVERSITY; UNIVERSITY OF PENNSYLVANIA ARCHIVES UNIVERSITY; UNIVERSITY OF PENNSYLVANIA FE INSTITUTE, HARVARD way to such change has not been revealed to apply social science meth- went on to be important me, I have no recourse but to appeal to you to ods to the study of law. people in American life.” change your minds.”

Mack also tells the story in restrictive covenant cases, fraternity of lawyers who sex discrimination to a of lesser-known figures which eventually took him would make civil rights constitutional claim, she who influenced the civil to the Supreme Court. history.” It’s at Howard, would place Murray’s name rights movement, such as Also featured is the says Mack, that she began on the brief as a progenitor the biracial Loren Miller. intriguing Pauli Murray, a to articulate her theory of of her ideas.” A lawyer by training, he brilliant, light-skinned black discriminatory sex bias, Although Mack’s book initially was drawn to woman, who questioned her which she labeled “Jane is a work of legal history, Marxism and rejected the gender and often dressed Crow.” But it stemmed, he he says it’s clear from the idea that law furthers racial as a man. She arrived at says, from many years of questions posed about the progress. But that changed Howard Law School in 1941, not fitting in with a society loyalty and identity of the when he began to represent intent on becoming part that needed to categorize most established black black clients in Los Angeles of the NAACP litigation her—as black or white, lawyers—Justice Clarence who had been dispossessed team to fight Jim Crow. But male or female. Mack writes Thomas and President of their homes through although she outshone that some 30 years later, Barack Obama ’91, for racial restrictions on their her male classmates, she “when Ruth Bader Ginsburg example—that these issues property. He became a civil found herself, in her own finally persuaded the are very much alive today. —Emily Newburger CLOCKWISE FROM TOP: PRINTS AND PHOTOGRAPHS DIVISION, LIBRARY OF CONGRESS; LIBRARY OF CONGRESS; THE SCHLESINGER LIBRARY, RADCLIF FROM TOP: PRINTS AND PHOTOGRAPHS DIVISION, LIBRARY OF CONGRESS; THE SCHLESINGER LIBRARY, CLOCKWISE rights attorney specializing words, “excluded from the Supreme Court to elevate

summer 2012 harvard law bulletin 13 ON THE BOOKSHELVES

administration policies have already been revised to satisfy congressional and judicial critics.” In his new book, “Power and Constraint: The Accountable Presidency after 9/11” (Norton, 2012), Goldsmith examines why his prediction largely came true, pointing to the forces outside the presidency— including Congress, courts, lawyers, the media and nongovernmental organizations —that have shaped the counterterrorism policies of two administrations. Based on dozens of interviews with key players inside and outside government and informed by his own experience in the Office of Legal Counsel in the Bush administration, the book refutes the notion that the administration’s attempts to expand presidential powers went unchallenged. “I thought that the conventional wisdom that the separation of powers was broken was wrong,” he said in an interview. “I also thought that the conventional wisdom about why Obama continued Bush’s policies— mainly because he was weak-willed— was wrong.” Goldsmith argues that then- candidate Obama was actually criticizing policies that had already been changed by the latter period of the Bush administration, including ‘A Harmonious System of Mutual Frustration’ policies on interrogation, detention, surveillance and military commissions. Goldsmith points to a ROBUST BALANCE Even a policy on which Obama seemingly reversed course—ordering OF POWER and new forms of presidential the closing of secret prisons—held little accountability in the fight against terrorism meaning, he notes, as these sites were nearly empty during the last two years of the Bush presidency. As Barack Obama ’91 was making “The main difference between criticism of Bush administration Bush and Obama is that Obama truly policies on terrorism a centerpiece has a different attitude toward his of his campaign for the presidency powers,” Goldsmith said. “He exercises in 2008, Jack Goldsmith offered a his powers aggressively, [but] he prediction: The next president, even pays much more attention to public if it were Obama, would not undo justifications for the legality of what he those policies. One of the key and is doing.” underappreciated reasons, he wrote As Goldsmith outlines in the book, in a spring 2008 magazine article, since 9/11, many different interests was that “many controversial Bush are watching and responding to

14 harvard law bulletin summer 2012 Illustration by david pohl the legality of presidential actions, HLS alum, Brig. Gen. Mark Martins mutual frustration,” he writes. pushing back harder than at any time ’90, chief prosecutor in the Office of Though it’s impossible to know of war in American history. They Military Commissions, is prominently with certainty whether the pendulum include journalists who defied Bush featured). has swung too far toward presidential administration requests not to publish In many ways, the constraining power or constraint, Goldsmith said reports on secret prisons and who forces can help presidents gain the country has struck a sensible exposed the government’s warrantless credibility and hone effectiveness on balance based on the information wiretapping program. national security issues, the public has. And, he added, one Among other examples according to Goldsmith. of the lessons of the book is that the are human rights “I THOUGHT THAT The strategic use of law, he country can change when it gets new organizations such as the THE CONVENTIONAL writes, “resulted in better information. He knows firsthand Center for Constitutional WISDOM THAT THE planning, better policies, from his time in government, which Rights, whose litigation SEPARATION OF self-corrections, and he chronicled in his previous book, on behalf of Guantánamo POWERS WAS BROKEN legitimated and empowered “The Terror Presidency,” that complete detainees resulted in WAS WRONG.” presidential action.” In information is not always available Supreme Court victories addition, the pushback when the president must make that limited presidential that realigned Bush national security decisions. power and granted increased rights administration policies “essentially “The fact of the matter is that to enemy combatants, and inspectors blessed them in ways that Barack presidents, especially in times of war general, whose independent reviews Obama found difficult to resist.” and national security crises, do try increased the transparency of At the same time, he notes that the to expand their powers because their government practices. The book also accountability system can burden responsibilities increase,” he said. “And highlights the growing role of military justified executive action or cause it’s the other institutions that decide lawyers in ensuring that the rule potentially harmful disclosures. The whether the presidency goes too far.” of law is followed in operations (an result is “a harmonious system of —Lewis I. Rice

Otherr RecentFACULTY BOOKS

“Research Handbook editor of “Universal development of queer nonprofit organizations on the Economics Rights in a World of studies offer personal to adopt IP policies that of Antitrust Law” Diversity: The Case of reflections on the go beyond the traditional (Edward Elgar), Religious Freedom” potential and limitations restrictive “sword edited by professor with Hans Friedrich of the field, asking to and shield” approach einer elhauge ’86. Zacher. Glendon, what extent it is defined and instead focus on Contributors discuss who contributed the by a focus on sex and flexibility and creativity. the areas of antitrust introduction and sexuality. economics that are conclusion, writes that professor william most in flux, including the theme was chosen professor lawrence rubenstein ’86 is mergers that eliminate because religious lessig’s new e-book, the primary author potential competition, freedom is emblematic “One Way Forward” of “Newberg on Class the economics of of both the aspirations (Byliner), is a call to Actions” (Trial Practice antitrust enforcement, and the dilemmas of the action for Americans of Series), with Alba the antitrust-patent idea of universal human all political persuasions Conte and Herbert B. intersection and modern rights, and goes to the to work to remove the Newberg. The fifth methods for measuring very heart of what it corrupting influence of edition of this treatise antitrust damages. means to be human. money from the federal focuses on the benefits government. of the class action, professor mary ann “After Sex? On Writing particularly in achieving glendon presided over Since Queer Theory” In “Intellectual judicial economy and in the 17th Plenary Session (Duke), edited by Property Strategy” providing court access of the Pontifical Academy professor janet halley (MIT), professor john to small claimants who of Social Sciences at and Andrew Parker. palfrey ’01 encourages would otherwise be the Vatican and is the Contributors to the leaders of businesses and without judicial remedy. DEPARTMENT OF DEPARTMENT DEPARTMENT THE OF HOMELAND OF TREASURY CONGRESS SECURITY JUSTICE

adam smith ’06 jane harman ’69 michael chertoff ’78 john carlin ’99

Senior Adviser to the Director U.S. Congresswoman, Chair of Secretary, Department Principal Deputy Assistant of Foreign Assets Control, Homeland Security Subcom- of Homeland Security, Attorney General, National detailed to the White House mittee on Intelligence and 2005-2009 Security Division as Director for Multilateral Terrorism Risk Assessment, Affairs, National Security 2006-2011 Assistant Attorney General, FBI Chief of Staff, 2010-2011 Council Criminal Division, Depart- Member of the House Intelli- ment of Justice, 2001-2005 gence Committee for 8 years, david o’neil ’00 adam j. szubin ’99 ending in 2006 clark kent ervin ’85 Chief of Staff to the Deputy Director of the Offi ce of Attorney General Foreign Assets Control Inspector General, 2003-2004 Associate Deputy Attorney Senior Adviser to the Under General, 2010-2011 Secretary for Terrorism adam isles ’97 and Financial Intelligence, Deputy Chief of Staff, Depart- james walsh ’99 2004-2006 ment of Homeland Security, Senior Counsel to the As- Counsel to the Deputy At- 2007-2009 sistant Attorney General for torney General, Department Counsel to the Assistant National Security of Justice, 2003-2004 Attorney General, Criminal Division, Department of FBI Chief of Staff and Special stuart levey ’89 Justice, 2003-2005 Counsel to Deputy Director, 2010-2011 Under Secretary for Director for G-8 Affairs at the National Security Council, Terrorism and Financial Intel- brad wiegmann ’91 ligence, 2004-2011 2002-2003 Deputy Assistant Attorney juliette kayyem ’95 General, National Security Division Assistant Secretary for Intergovernmental Programs, Assistant Legal Adviser 2009-2011 in the Offi ce of the Legal Adviser, Department of State, 2006-2009 john f. wood ’96

Chief of Staff, Department david barron ’94 of Homeland Security, 2005-2006 Principal Deputy Assistant Attorney General, Offi ce of THE Legal Counsel, 2009-2010 alberto gonzales ’82

Attorney General, 2005-2007 White House Counsel, 2001-2005

todd hinnen ’97

Acting Assistant Attorney General, National Security Division, 2010-2011

david kris ’91

Assistant Attorney General, National Security Division, 2009-2011 Associate Deputy Attorney MATRIX General, 2000-2003

michael e. weston ’97

A sampling of HLS alumni in the national Special Agent, Drug Enforce- ment Administration, died in security field since 9/11 Afghanistan in 2009

16 harvard law bulletin summer 2012 DEPARTMENT DEPARTMENT OF OF WHITE HOUSE STATE INTELLIGENCE DEFENSE

michael bahar ’02 harold hongju koh ’80 stephen preston ’83 jeremy bash ’98

Deputy Legal Adviser to the Legal Adviser General Counsel, CIA Chief of Staff to the Secretary National Security Council of Defense Staff john bellinger ’86 helge boes ’97 CIA Chief of Staff, 2009-2011

roel campos ’79 Legal Adviser, 2005-2009 CIA Operations Offi cer, died Chief Counsel, House Intelli- in Afghanistan in 2003 gence Committee, 2005-2009 Member of the President’s Legal Adviser to the Na- Intelligence Advisory Board tional Security Council, White House, 2001-2005 charles blanchard ’85

timothy h. edgar ’97 General Counsel of the Air curtis a. bradley ’88 Force Senior Legal Adviser, Offi ce of the Program Manager Counselor on International General Counsel of the Army, for the Information Sharing Law, Legal Adviser’s Offi ce, 1999-2001 Environment 2004 ray mabus ’75 michael j. gottlieb ’03 anne-marie slaughter ’85 Secretary of the Navy Special Assistant to the Director of Policy Planning, 2009-2011 President and Associate brig. gen. mark s. martins ’90 White House Counsel william h. taft iv ’69 Chief Prosecutor, Offi ce of rita hauser ’58 Military Commissions Legal Adviser, 2001-2005 Commander of the Rule of Member of the President’s Law Field Force-Afghanistan, Intelligence Advisory Board 2010-2011

matthew g. olsen ’88 robert s. taylor ’75

Director of the National Principal Deputy General Counterterrorism Center Counsel General Counsel, National Security Agency, 2010-2011 william j. haynes ii ’83

samantha power ’99 General Counsel, 2001-2008

Senior Director for peter rodman ’69 Multilateral Affairs, National Security Council Assistant Secretary of Defense for International elliott abrams ’73 Security Affairs, 2001-2007

Deputy National Security Adviser for Global Democracy Strategy, 2005-2009

michael leiter ’00

Director, National Counter- terrorism Center, 2007-2011 Deputy Chief of Staff for the Offi ce of the Director of National Intelligence, DEFENSE COUNSEL This diagram 2005-2007 traces the network of some

daniel j. meltzer ’75 of the HLS graduates at the

Principal Deputy White top levels of the U.S. national House Counsel, 2009-2010 security infrastructure in the

juan carlos zarate ’97 administrations of Presidents George W. Bush and Barack Deputy National Security Adviser for Combating Obama ’91. Terrorism, 2005-2009 Assistant Secretary of the Treasury for Terrorist Financing and Financial Crimes, 2001-2005

summer 2012 harvard law bulletin 17 REPRISE

Pay It Forward The revival of a student-funded fellowship that has yielded RICH RETURNS

As an HLS student in the early 1980s, James O’Neal HLS YEARBOOK dreamed of combining his passions for law and education to help at-risk kids in New York City. But times were grim for lawyers interested in public interest work. The Legal Services Corporation, the primary provider of legal aid to low-income people in the United States, was in dire straits after losing much of its federal funding, and there were few other opportunities—and little support—for public service jobs. For O’Neal and others like him, the prospects were dim. That’s when a tightknit group of public interest-minded students in the Class of ’82 took matters into their own hands. The group agreed to pledge 1 percent of the money they 1 2 would earn in their first year of practice to fund a classmate to do public interest work for a year. They urged the rest of 1. James O’Neal developed a the class to join them, and soon raised about $15,000, enough 3 law-based education program to fund one full and one partial fellowship. They chose to for teens that has helped thousands go to college. fund O’Neal to develop a law-based 2. Jessica Lefevre represents education program for teens in subsistence whaling villages in “THERE IS SOMETHING Harlem, the Bronx and Brooklyn, a Alaska, helping protect their traditional hunting areas from SPECIAL ABOUT decision that proved key to O’Neal’s development. HELPING TO LITERALLY public interest career, now in its 3. Relying on the generosity third decade. of classmates,William LAUNCH THE CAREER Rubenstein was able to pursue OF A FELLOW “It was a big moment in my HIV-related legal work at a life and really launched what I’m critical time. CLASSMATE.” currently doing 30 years later,” says O’Neal, who in 1983 started a program called Legal Outreach, which has assisted thousands of New York City-area youth through a law- step on this career path,” Lefevre says. Without it, “it’s based curriculum in summer, and after-school and weekend unlikely any of the work I have done would have occurred.” programs that promote educational success. About 70 The long-term success of the first recipients’ careers percent of students who begin the program as high school is a gratifying result for the original group that devised freshmen complete it four years later, and all graduate from the program, which includes Class of ’82 members Deval high school, with 99.3 percent going on to college. O’Neal Patrick, governor of Massachusetts; Eric Schneiderman, credits his HLS classmates for making it happen. attorney general of New York; Sharon Jones, president of That same year, the group provided a partial fellowship O-H Community Partners in Chicago and outgoing head of to Jessica Lefevre ’82 to work with the International Indian the HLS Association; and HLS Professor Howell Jackson. Treaty Council representing indigenous interests before “Our hope wasn’t that they have these wonderful the U.N. Human Rights Committee, where she won a experiences for a year or two but to create a lifelong public landmark decision against Canada on behalf of the Lubicon interest lawyer,” recalls Joan Ruttenberg ’82, director of the Lake Band of Cree Indians. Today Lefevre represents the Heyman Fellowship Program at HLS, who, along with her Alaska Eskimo Whaling Commission, a coalition of 11 husband, David Abromowitz ’82, a partner at Goulston & subsistence whaling villages in northern Alaska, working Storrs in Boston, was in the core group. to protect their traditional hunting areas from oil and gas The fellowship program continued for several years, development. “The fellowship allowed me to take the first organized by each 3L class, and launched the public

18 harvard law bulletin summer 2012 interest careers of such alumni as HLS Professor William Rubenstein ’86. “When I graduated from HLS in 1986, I wanted to work on HIV-related legal issues because my friends were dying and I assumed I would, too,” Rubenstein remembers. He pleaded with the American Civil Liberties Union and other groups to hire him, but they had no money. “My own classmates came to the rescue,” he says. “I called the ACLU back and told them I could pay my own way, and I soon joined their national legal staff and helped launch their AIDS Project. Without my classmates’ funding support, I would not have been able to undertake this public interest work at that critical moment.” The program faded in the early ’90s. But today, with the prompting of Alexa Shabecoff, assistant dean for public service, it has been reborn through the efforts of Shelley T

Rosenberg ’13 and Samantha Goldstein ’13, under the name TT T OTT O BOTT BOT B BBOTT BBOT BB B One Day’s Work. Students in the Class of ’13 are pledging A NA N HN A H OHNO A to donate one day’s worth of their pay during their 2L JOHN JOH J A James O’Neal (center) with former students of Legal Outreach, a program that summers to fund a student to work in the public sector after prepares inner-city teenagers for careers in the law graduation. As of early May, they had raised $29,000. But, with more than 80 percent of the class expected to work in firms this summer, they could raise as much as $300,000— enough to assist 10 graduates to do public interest work. “You can donate to a million organizations, but there’s something special about helping to literally launch a career of a fellow classmate,” says Rosenberg. The program is purely voluntary, Goldstein emphasizes, and fellowships— expected to cost about $35,000 each—will be awarded to students who are chosen by the HLS committee that selects recipients of other fellowships. The new iteration of the HLS student-funded fellowship program has strong support from many in the

William Rubenstein has been a professor at HLS since 2007. This spring the gradu- ating class recognized him with the Sacks-Freund Award for Teaching Excellence. RTH O W S Jessica Lefevre (left) and her son Daniel at the bowhead whale counting station in Pt. Barrow, Alaska, last May HIL FARN P

administration and faculty, including Dean Martha Minow, Rubenstein, and Carol Steiker ’86, who, as Rubenstein’s classmate, was among those who donated to his fellowship. Although there is so much more institutional and financial support from HLS for public interest work now, the fellowship is still very much needed today, says Shabecoff. The recession has hit the public sector hard at a time when low-income people need help more than ever, she notes. As a result, many highly qualified students passionate about public interest aren’t able to land jobs. O’Neal agrees: “If every class at Harvard would do it, we would see some really innovative programs come to life that would make a tremendous difference in society.” —Elaine McArdle

summer 2012 harvard law bulletin 19 20 harvard law bulletin summer 2012 RIPPLETHE

The flood-ravaged province of Sindh in Pakistan is about as far from Harvard Law EFFECT School as a law student can get. But that’s where Madison Condon ’14 and S.J.D. candidate A WATERSHED Erum Sattar went this winter as part of an interdisciplinary team studying the country’s YEAR FOR THE management of the Indus, a river governed by a 19th-century water system that’s crumbling ENVIRONMENTAL under 21st-century environmental, political and population challenges. In April they presented their observations at a Harvard conference on LAW PROGRAM water federalism issues. The Indus study is part of the Water Security By Katie Bacon Initiative, a collaborative research program across seven Harvard schools, including the law school, on the management challenges in water basins in Australia, Brazil and the United States, along with Pakistan. It’s one of many ways that students in the Environmental Law Program are involved in hands-on projects related to environmental issues. The scope of the Environmental Law Program has grown significantly since Professor Jody Freeman LL.M. ’91 S.J.D. ’95 launched it six years ago “with the ambition of building the best environmental law and policy program in the world.” She served in 2009-2010 as White House counselor for energy and climate change, and brings that experience into the classroom (see sidebar). Richard J. Lazarus ’79, a leading expert in environmental and natural resources law and veteran Supreme Court advocate (see Q&A), joined the faculty last fall after serving on the president’s commission investigating the BP

Illustration by stuart bradford summer 2012 harvard law bulletin 21 Madison Condon ’14 and S.J.D. candidate Erum Sattar Joshuauuaa Herlaandsndnd ’12 oil spill. The Emmett Environmental Law and Policy Clinic, In March, as the Department of the Interior was in the directed by Wendy Jacobs ’81, has flourished since being midst of creating new safety and environmental standards established as a cornerstone of the program five years ago. for offshore drilling, Chase Romney ’12 and two other And this August, Kate Konschnik, environmental counsel students presented their findings to directors of two for Sen. Sheldon Whitehouse (D-R.I.), will become the agencies. program’s new policy director. They found that one of the best examples of effective The program is designed on three pillars, says Freeman: industry self-regulation resulted from the Sarbanes-Oxley an expanded set of course offerings, the clinic and a new Act—the controversial law requiring top management of emphasis on long-term policy initiatives. Its students are public companies to certify that they have put financial addressing a range of environmental issues through a legal oversight and management systems in place, and opening lens, including climate change, air and water quality, carbon those companies up to potential criminal and civil liability capture and sequestration, hazardous waste management, for failure to do so. As Romney explains: “In terms of the off- environmental justice, public-land management, the impact shore-drilling industry, if we can give industry control while of industrial agriculture and aquaculture, the effects of making sure they exercise that control properly, it could be hydraulic fracturing, or “fracking,” and the growth of the ideal solution. But you need to make sure management renewable energy. A few of their projects are described in has some vested interest in basing their system on the best these pages. practices available.” Normally, a young lawyer would not have the opportunity A SARBANES-OXLEY FOR THE OFFSHORE DRILLING INDUSTRY? to make such a presentation for at least five to eight years out of law school, says Jacobs. Romney sees the project in a simi- This year, in the wake of President Barack Obama’s (’91) lar way. “It was a unique experience and absolutely stands decision to open up new areas to drilling in the Arctic, out as one of the highlights of my law school career,” he says. students in the clinic, under Jacobs’ supervision, have been examining dozens of regulatory regimes, looking for ways FRACKING PROTECTIONS to ensure that when an industry regulates itself, it does so effectively. For the last several years, HLS students in classes on energy law have been studying the impacts of oil and gas extraction. At the same time, students in the clinic have been focused Wendy Jacobs, director of the Emmett on a project studying the gap in regulation of fracking—the Environmental Law practice of accessing natural gas in underground shale and Policy Clinic, and Chase Romney ’12 deposits by injecting water and chemicals to create cracks in the bedrock. Joshua Herlands ’12 worked on a guide for landowners in Ohio approached by energy companies inter- ested in leasing their land to reach the gas below. Part of the project involved explaining in plain English the potential health and environmental consequences of fracking, includ- ing contaminated air, water and land. But the students also worked on something new—draft- ing specific language that Ohio landowners could put into their leases to give themselves some measure of protection. “State regulations are lagging on this,” says Herlands. “We looked at the protections Ohio law and federal environmen-

22 harvard law bulletin summer 2012 Photographs by asia kepka tal law do provide, and suggested what landowners might says: “We’ve gotten dozens of calls and emails from land- want to layer on top of that.” owners, community organizations, extension schools and Herlands found the project, with its combination of in- regulators thanking us for preparing the guide and asking dependent work and extensive feedback from Jacobs and us for copies.” The clinic is now in the process of preparing her team, “hugely valuable,” in terms of both the skills he similar guides for other states. And Konschnik, the pro- learned and the knowledge he gained for his planned career gram’s new policy director, is set to launch a larger frack- in the financing of clean technologies. And the guide has ing initiative to analyze alternative regulatory regimes that been valuable for those on the ground in Ohio, too, Jacobs might govern the practice.

BREAKING THE LOGJAM An interview with Richard Lazarus

What are your priorities for the Environ- In your book, “The Making of mental Law Program? Environmental Law,” you talk We’re trying to make a program that is about the fi eld “graying” as it engaged in the outer world of law and enters middle age. What does policymaking. When people have tough that effectively mean for the problems in this fi eld—when they’re fi eld? trying to craft legislation or regulations— It means that it’s no longer con- they can come to Harvard and tap into the sidered to be a radical outlier— expertise of the faculty and the students it’s more part of the settled legal here. Our plan is to approach things in a landscape. On the other hand, nonpartisan, nonideological fashion to the reference to graying also

help break the logjam that has afflflicted RTH refers to the fact that there’s a O W this area for too long. S risk that with Congress dropping

PHIL FARN out of the lawmaking process, You’ve presented oral arguments more environmental law is losing than a dozen times before the Supreme six months to create a report for the some of the dynamism that it needs in Court. Is there a case that stands out for president. The task was backbreaking, order to deal with some of the most cur- you? and that’s an understatement, but it was rent issues, with climate change being a One of the most gratifying was Norfolk fabulous public service. pressing example. & Western Railway Co. v. Ayers, where I represented six elderly individuals who Have there been changes since you You have argued that “climate change were suffering from exposure to asbes- turned in the report? legislation is especially vulnerable to tos. It was a very challenging case, but Yes, the Department of the Interior has being unraveled over time.” Why? we won it 5-4, and we won it with a very made a lot of the changes that we recom- Most environmental law is redistributive, unanticipated division among the Court. mended in terms of how they oversee and whenever you propose redistribu- Our fi ve justices were Ginsburg, Souter, the oil and gas industry. The industry has tive law, it’s very hard to enact. Once it’s Stevens, Scalia and Thomas. Anything actually taken on some of our initiatives. enacted, those who feel they’re on the where you think you’ve crafted an argu- The gap is Congress. There’s a whole series short end of the stick are likely to try to ment that makes a difference, and you’ve of things that Congress needs to enact, fi nd ways to erode it. It’s really hard to done something particularly creative—it both in the development of oil and gas get people in one time and one place to doesn’t get much better than that. resources and in making that safer. A lot modify their activities for the benefifit of of them are low-hanging fruit. We have people in a very different place and very What was your experience like as execu- a broken legislative process right now in different time. Yet that’s what climate tive director of the commission assigned most areas, mired in partisanship. But in change legislation is all about. So we need to investigate the 2010 BP oil spill? this case it is especially telling because to make sure that when we fi nally do en- My job was to hire and manage a 60-per- it’s so disturbing. Normally if you have a act climate change laws, which I’m hoping son staff that was investigating exactly catastrophe, you can get Congress to act; will be sooner rather than later, the laws what happened before, during and after but Congress has passed nothing. It’s just are sticky—that they’re capable of being the Macondo well blowout. We had absurd—this is really easy stuff to do. maintained over time. —K.B.

summer 2012 harvard law bulletin 23 PLUGGED IN Lazarus and Freeeman bring experience shaping environmental law and regulation

and attorneys on each power, and improvements in electricity Professor Jody Freeman’s class side. This followed five regulation and transmission. She brought on climate and energy included weeks of in-depth ex- in a range of top-level offificials she worked lectures from amination of the case with during her time in the Obama admin- top-level offi cials in back in Cambridge. istration as guest speakers. the Obama administration. “One can get a far “When an assistant secretary of better grasp of the Defense tells your students that reduc- big-picture issues by ing energy demand is crucial to national understanding the security, and an assistant secretary of struggles environmen- DOE [Department of Energy] explains tal lawyers actu- that we are in many ways behind China ally face, including in on renewable energy, it really makes an arguing cases before impression,” she says. courts,” Lazarus says. Chloe Kolman ’11, who took the class Sandra Ray ’12, last year and will be doing litigation who has focused on work within the Department of Justice’s environmental issues Environment and Natural Resources Divi- OSHI RADIN J at HLS, pointed to the sion after fi nishing a fellowship at the unusual chance to Environmental Law Institute, appreciated This spring, hundreds of people packed learn about the many layers of the case Freeman’s practical approach. “When you the Washington, D.C., Circuit Court to as it was unfolding, and with Lazarus, an had grand ideas of how to get it done, she hear a challenge to the Environmental experienced courtroom advocate, as their was always there to say, ‘How are you ac- Protection Agency’s authority to regulate guide. “He just gets it—he’s been doing tually going to solve these problems?’ We greenhouse gases, in one of the most this for so long,” she says. “It was great to almost never talked about litigation but closely watched cases of the year. hear his take on the oral arguments; by talked a lot about more unusual strate- “That was an argument that I think the end, we knew the issues as well as the gies for working within the legislative and every environmental lawyer in the coun- people involved.” regulatory world,” she says. try wanted to see in person,” says Rachel Students in Jody Freeman’s Climate Kolman pointed out that Freeman, like Heron ’12. She did, along with the other and Energy Law and Policy class had Lazarus, went down to D.C. for the oral ar- students in Professor Richard Lazarus’ a similar chance to benefifi t from their guments of the EPA case and that the two Advanced Environmental Law in Theory professor’s ability to bring real-world professors have an ongoing connection to and Application class. experience into the classroom. Free- the newest developments in environmen- In addition to taking his students to man combined the topics of energy and tal law and policy: “They’re both power- attend the arguments in Coalition for Re- climate change—subjects that she says houses in terms of environmental law and sponsible Regulation v. U.S. Environmental are often studied in isolation—to look the environmental profession, too. Not Protection Agencyy, Lazarus arranged for at issues including carbon capture and a lot of people have both, but they do.” behind-the-scenes meetings with judges sequestration, the economics of nuclear —K.B.

ARE RENEWABLE ENERGY INCENTIVES LEGAL? might run afoul of either the commerce clause of the Constitution or international trade law, and suggested ways In response to a request from the head of a state agency, that the state could design these programs to be immune four students in the Environmental Law Program spent an from legal attack. The research is part of a larger clean- intensive month this winter analyzing the legal vulnerability energy project launched by the program. of state renewable energy programs. Under the supervision For Rachel Heron ’12, one of the students on the team, of Professors Freeman and Lazarus, and with the help of the autonomy she’s been given on this and other projects Assistant Professor Mark Wu (an expert on international within the Environmental Law Program has helped her trade law), the students examined whether the incentives gain “confidence and specific expertise” for her chosen

24 harvard law bulletin summer 2012 “There are no good guys and bad guys. … And with water demands being what they are, it’s overwhelming to think of how everyone is going to get their cut of the pie,” he says. (One partial solution, the Colorado basin team suggests, may be the controversial idea of letting stakeholders—including municipalities, Native American tribes and perhaps states— lease their water rights.) But for Robison, looking at the river itself provided an even starker view of the issues involved. He recalls the group standing at the Imperial Dam in Arizona, the last place the Colorado River is captured before it flows into Mexico. From there, the water allocated to cropland in California’s Rachel Heron ’12 IA KEPKA

S arid Imperial Valley is diverted from the river via a concrete A canal—3.1 million acre-feet, or more than a trillion gallons a field of environmental litigation. “The work has given me a year. “For every one iota of water left in the Colorado, three taste for how to formulate answers to questions that are not times that amount was being diverted into the middle of a merely academic or hypothetical, but which actually impact desert. The canal system was mind-blowing. … I knew they environmental decision-making,” she says. got a lot of water, but when I saw that ratio firsthand, it brought the scope of that water right to life,” he says. THE HAT TRICK THE GREATEST INFLUENCE But it’s the Water Security Initiative that typifies perhaps better than any other project the ambitions of the As Freeman considers the growth of the Environmental Law Environmental Law Program. “It’s a signature thing we’ve Program, she emphasizes that “HLS has a real role to play in done in terms of both promoting constructive thinking the energy-climate space,” and that its greatest influence will and also providing fabulous pedagogical opportunities for come through its students, whether, like Robison, Condon students,” says Lazarus. “You want hat tricks in this area— and Heron, they plan to pursue careers in the environmental things that are great for public service, great for scholarship field, or whether they decide to go in other directions. and great for teaching.” “We are training people who will be elected to higher Jason Robison, an S.J.D. candidate, is one of six students office, even the presidency, or who will be political examining water-rights issues in the Colorado River basin appointees, or leaders of the biggest companies and as part of the initiative. Growing up in Salt Lake City, he nonprofits,” she says. “They can affect these issues wherever always had a strong interest in natural-resources issues. But they wind up.” P it wasn’t until he worked on water-law cases while clerking for the Oregon Supreme Court that he realized “on a deeper The Grand Canyoon in Arizizonaa waas a key siteit for this level how integral water has been in shaping the makeup of teatet m of students who para ticipated in ththe Wateteer Securiity Initiative. Frorom left: Vanessa PaalmeerrM M.P.PP.H.;HH; the modern American West.” S.JJ.D. candidate Jason Robisonn;;E Elizl aaM Morro isis, ScSchooooollo of EEnggineinneerieringg andand ApAppliplil eded SciSiS ence es PhPh.DD;D.; JaJ ime LLatctcham For the initiative, he and the other students spent three J.DJ . ’12;2; Arturtu o Villi anuuevav , Harvard CoC llelege; aand Katja weeks traveling around the West, meeting with local and BraBr trschoovskyyL LL.M. ’1212. state officials, scientists, NGOs, and members of Native American tribes and environmental groups, and visiting places like Hoover Dam, Lake Mead and the Grand Canyon in an effort to understand the uses of and competing demands on the river. In an area of intense development, agricultural use, and environmental fragility, where Mexico, Native American tribes and seven U.S. states have all been allocated part of the river’s flow, and where cities including Los Angeles, Las Vegas and Phoenix depend on it, demand has exceeded supply since the late 1990s. And with climate change—“the elephant in the room,” as Robison calls it—the river’s flow is projected to diminish by 10 to 30 percent over the next 30 to 50 years. Meeting with the stakeholders in person made clear to Robison and the other students what a stubbornly difficult issue this is.

summer 2012 harvard law bulletin 25 AT THE AIRPORT in New York one day last year, Alex Dimitrief ’85 was on a call regarding a problem that his company, General Electric, faced in China. When his plane landed in London, he took a call on a different matter in Vietnam. And late that night, when he arrived in Lagos, he fielded yet another call, dealing with an issue back in the U.S. { “It was an incredibly complicated day,” recalls Dimitrief, who in November was appointed vice president and general counsel of GE Energy, where he oversees the legal and compliance

INTHE DRIVER’S SEAT The changing role of the general counsel

BY ELAINE McARDLE ILLUSTRATIONS BY OLIVER MUNDAY

26 harvard law bulletin summer 2012 summer 2012 harvard law bulletin 27 function for the company’s portfolio of energy and power interests. Three con- ference calls made from three continents, addressing serious issues unfolding around the world. He pauses, and adds, “That’s just exciting.” { It’s a day that illustrates the emerging role of today’s global general counsel, who may deal with issues ranging from corrupt regimes and rule of law matters in develop- ing nations to concerns about corporate reputation, sweatshop labor among suppliers, piracy, and safety threats to executives and other employees. At the same time, GC have assumed the critical role of ethical watchdog, tasked with ensuring corporate compliance with U.S. law, not to mention understanding the political and cultural landscape of each jurisdiction in which the company oper- ates. And all of this unfolds on a 24/7 timetable in time zones across the globe.

Building on a major shift that took place over While general counsel at GE, Heineman devised the past three decades, GC no longer are limited a model of hiring the best and brightest for inside to a reactive role overseeing litigation farmed out legal departments and bringing work inside rather to law firms but instead are key members of the than farming it to outside firms, reducing legal corporate decision-making team. Many find the costs and shifting the power relationship. job unmatched within the legal profession, in both “Twenty-five years ago, if you asked an inside demands and rewards. lawyer a question, they’d say, ‘Give me two “I am more excited about what I’m doing right days,’ and they’d call someone outside,” explains now than I’ve ever been at any stage in my career,” Heineman. But by hiring superstars from firms says Dimitrief, who, after serving as a White House and major government positions, “All of a sudden, Fellow under President Reagan and as a partner the businesspeople were saying, ‘Wow, these at Kirkland & Ellis, joined GE in 2007 as vice people can do a remarkable number of things.’” Corporate counsel were called to participate in strategic meetings GC no longer are limited to a reactive role supervising farmed-out and provide wide-ranging litigation but instead are members of the decision-making team. counsel as decisions were made, rather than to clean up messes after they occurred. And some, president for litigation and legal policy. “No two such as Kenneth Frazier ’78 at Merck & Co., have days are ever the same.” taken the once unheard-of leap from GC to CEO. Benjamin W. Heineman Jr., Distinguished Senior “They are leaders, not just Bartleby the Fellow at the HLS Program on the Legal Profession, Scrivener,” notes Heineman, who has written a is widely credited with revolutionizing the role of number of articles on the modern role of the GC, general counsel in major corporations 25 years ago. in which he urges lawyers to serve as statesmen upholding corporate integrity. “As you go up the chain, the skills you need extend far beyond being a Benjamin W. Heineman Jr., former head of GE’s legal technician in the law.” Indeed, as he will emphasize department, is widely credited with transforming the role of in a new course he will co-teach next fall with HLS the general counsel in major Professor David Wilkins ’80, director of PLP, titled corporations. Challenges of the General Counsel, the legal aspects of the job are only the beginning. For a great GC, he says, “The first question is, ‘What is legal?’ The last question is, ‘What is right?’” Under these parameters, the job offers enormous opportunities for innovation, leadership and decision-making at the highest levels— especially as companies have gone global. “I could deal with any issue I wanted to,” explains Heineman. “If you want to worry about intellectual property issues in China, you can do that; if you want to worry about reducing the power of the mob

28 GOING leading a team investigating the changing role of general counsel in China, Brazil, India and other emerging economies. Thus far, they GLOBAL have interviewed more than 100 general counsel in these countries, and are sending out a major survey to others, examining six markers U.S. General Counsel they consider hallmarks of the GC model in the U.S. Model Spreading to “Our preliminary conclusion is there is defifi nitely a movement in Emerging Economies, HLS the [U.S.] direction that’s happen- ing in the emerging economies of Research Finds the world,” Wilkins says, although he predicts signifificant differences between the role of GC in the U.S. Until recently, and their role in other jurisdictions, that model remained even the U.K. and elsewhere in uniquely American. Europe. For example, in many areas Even in the 1990s, of the world, many large companies according to Wilkins, are controlled by families; in oth- “in Europe or the U.K., ers, there is a much larger number you did not find the of state-owned or -inflfl uenced same caliber of people enterprises, which may affect the becoming GC, and they GC role. didn’t have the same “But there’s no doubt GC are level of control over increasingly important in these the company’s legal [emerging economies],” Wilkins expenditures, and they says, “in part because U.S. and certainly weren’t con- Western companies which have sidered a key part of the operations there are bringing their management team.” model of the GC with them.” —E.M. The American

paradigm has now Professor David Wilkins Forty years ago, the position of gone global. Over roughly the past general counsel—even within U.S. decade, British and other European companies—was not a particularly companies have hired sophisti- important one, notes HLS Professor cated lawyers who have taken a David Wilkins ’80, director of the leading role. “They are becoming, Program on the Legal Profession, like American GC, key drivers of which works to bridge the gap be- change in the profession, pushing tween the academy and the world for everything from new kinds of of practice. But beginning in the billing arrangements to diversity 1970s, and accelerating into the ’80s and public service, serving on key and ’90s, the GC role changed dra- committees in the corporate struc- matically, “so that it has become, ture, and becoming leaders in the in my view, the most important bar,” Wilkins says.

position in the legal profession, And now, as part of PLP’s Glo- HER OO particularly in the corporate legal balization, Lawyers, and Emerg- ATHLEEN D ATHLEEN

world,” Wilkins says. ing Economies project, Wilkins is K in Russia, you can worry about that.” are the higher expectations all our stakeholders “It’s a great job,” agrees Laura Stein ’87, Clorox’s have—employees, shareholders, customers, senior vice president and general counsel, who partners, people who live in the communities started her career at the company, did a stint at where we operate, government officials, thought Heinz and then returned to Clorox seven years ago. leaders,” he says. “They all rightfully expect However, things changed in that span, she notes. a company like GE to conduct itself with high “I was an international lawyer from the minute I integrity.” went in-house, so I was used to doing legal work Risk management is a prime requirement of in many countries in the world for my company,” board oversight, says Stephen F. Gates ’72, former she says. “But … the speed of things you’re doing senior vice president and general counsel of Laura Stein, senior vice presi- has definitely accelerated.” With so many areas of ConocoPhillips, who serves as special counsel at dent and general counsel, Clorox concern in so many different legal landscapes— Mayer Brown, “and GC are now key advisers to the from intellectual property and labor and board regarding the total compliance program.” employment disputes to counterfeiting issues—the In addition to building a first-rate team of breadth of responsibility is extraordinary, and lawyers, today’s GC require a certain skill set; GC must be equipped to respond immediately. according to Gates, this includes having a “great “When you’re hoping to manage risk and ensure relationship” with the CEO and CFO, and being compliance, the world moves very quickly these a respected adviser to the board of directors, so days,” Stein adds. they will rely on the GC’s guidance to pre-empt problems as decisions are being made. They must With heightened attention from also be fast on their feet, “to learn the nuances of shareholders, the public, and U.S. and foreign new situations as they encounter them,” he says.

Alex Dimitrief, regulators and a continuous news cycle from And it’s essential to be able to marshal appropriate vice president and around the world, companies face unprecedented resources within a critical time period of 24 to 48 general counsel, GE Energy scrutiny of all they do. Failure to comply with hours of a new problem arising, he adds. laws such as Sarbanes-Oxley and Dodd-Frank as “Levelheadedness and issues management and well as the Foreign Corrupt Practices Act—which problem-solving are the three great characteristics, makes it a crime for American companies and in addition to the historic characteristic of their subsidiaries to bribe foreign authorities—can providing good counsel,” says Gates, who lead to severe consequences, including fines and published an overview of some of the issues GC criminal penalties for board members and officers. face today in “Challenges in Lawyering: Business The New York Times article in April alleging a Operations in Troubled Jurisdictions and Conflict Zones,” in the Harvard International Law Journal “Do people want to hear what I have to say even when they don’t want in 2010. Given the nonstop pace, he adds, “It’s best to to hear what I have to say? That’s the ultimate test of a good GC.” have a sort of calm—I’d say, unflappability.” “To me, the measure of widespread bribery scheme by Wal-Mart in Mexico success is, Do people want to hear what I have and a subsequent cover-up may end up being the to say even when they don’t want to hear what I latest cautionary tale, according to Heineman. have to say?” Dimitrief says, chuckling. “That’s the “Both the general counsel of Wal-Mart Mexico,” ultimate test of a good GC.” he says, “who is alleged to have orchestrated the Dimitrief believes that today’s corporate counsel bribery scheme and then ended the investigation owe a debt of gratitude to those who forged the new with a superficial report, and the general counsel model of GC, morphing it into a leadership position of the company—who allegedly gave no support that he enjoys so much. In particular, he credits to other headquarters lawyers who wanted a full, Heineman’s vision at GE, which was then copied independent investigation—apparently acted as by corporations around the U.S. and, increasingly, ethically and legally compromised partners of the world (see sidebar). Not only have corporations

Stephen Gates, business leaders and not as guardians of Wal- benefited from this influx of talent, but lawyers are former senior Mart’s integrity. The company could pay a heavy given unprecedented opportunities for leadership. vice president and general price for those alleged failures.” And that’s the reason it’s worked so well, counsel, ConocoPhillips According to Dimitrief, in the wake of Heineman notes. As he built the GE legal team, “I the financial crisis, regulatory officials are never had someone say ‘no’ to me when I tried to understandably more aggressive in 2012 than they hire them out of a law firm,” he says. “I mean never. have ever been. “Hand in hand with that scrutiny Everyone is excited about coming.” P

30 harvard law bulletin summer 2012 BY ELAINE McARDLE CLOSING THE

DEAHLS grads L are at the center of a record $25 billion mortgage agreement

summer 2012 harvard law bulletin 31 CLOSING THE DEAL

On Feb. 9, following 17 months of Perrelli has described the mortgage intense negotiations, numerous late- settlement negotiations as the most night conference calls and not a few complex he’s ever handled. In addition fractious meetings where all seemed to officials of the federal government hopeless, five of the nation’s biggest and attorneys general from every state mortgage lenders agreed to a historic except Oklahoma, the agreements $25 billion settlement that will provide involved Bank of America, JPMorgan financial relief to more than a million Chase, Wells Fargo, Citigroup and Ally homeowners who were victims Financial (formerly GMAC). Those of improper foreclosures or other five lenders will pay $5 billion to the mortgage servicing abuses. states and federal government, and On the night the deal was sealed, dedicate $20 billion to financial relief a number of the key participants— for homeowners, including reducing many of them HLS grads, including the principal or otherwise refinancing then Associate U.S. Attorney General mortgages, and cash payments of about Thomas Perrelli ’91, $2,000 each to chief negotiator for the homeowners federal government; EACH DAY SOMEONE wrongly Tom Miller ’69, GALLOPED OFF IN A NEW foreclosed on. attorney general of DIRECTION, THREATENING They must also Iowa, heading the NEVER TO RETURN. identify military state attorneys general service members multistate investigation; who have been and Helen Kanovsky ’76, general foreclosed on in violation of the counsel for the U.S. Department of Servicemembers Civil Relief Act and Housing and Urban Development—were pay them for the lost equity in their on a conference call until 2 a.m. houses plus at least $116,785. The banks Which just may explain how Brian also agreed to implement new standards Hauck ’01 became widely known— for mortgage loan servicing, including including to U.S. Attorney General making foreclosure a last resort. PhPhohhoototo ooff BBririianan HaHHauaauuckck ’01’0011 + oththerser Eric Holder Jr.—as the guy who wore “The hard part was trying to bring pajamas in the Department of Justice the along all these people and keep the night the settlement was announced. whole group together,” Hauck recalls. “Rodge” Cohen ’68 represented Ally and Is it true? Hauck, who, as Perrelli’s “Each day, someone was galloping off Jamie Gorelick ’75 Bank of America. chief of staff, was charged with in a different direction, and you had to In addition to the senior government coordinating complex logistics not be discouraged by that, even though officials and corporate lawyers, the among 49 state attorneys general, five sometimes when they galloped off, settlement also involved other more federal agencies and the five mortgage they’d announce, ‘We are never coming recent alumni. Courtney Dankworth servicers, laughs. “I’m not answering back!’ You had to feel we can keep doing ’06, an associate at Debevoise & that,” says Hauck, who personally this, we can bring them along.” And, he Plimpton who represented JPMorgan, walked the 300-page consent judgments adds, “It was worth it.” was involved on the servicers’ side from over to the U.S. District Court for the Hauck was also happy to find that the beginning, in October 2010, when District of Columbia to be filed in early HLS had a major presence leading both the accusations of robo-signing—banks March. The District Court approved and sides of the deal. In addition to Perrelli, signing foreclosure documents without entered the consent judgments on April Kanovsky and Miller, George Jepsen ensuring they were accurate—first 4, 2012. J.D./M.P.P. ’82, attorney general of emerged. Debevoise took the lead in Being involved in the landmark Connecticut, served on the negotiating coordinating the five lenders in their agreement—the largest federal-state committee, and Eric Schneiderman own discussions, which were incredibly civil settlement in history—was a ’82, attorney general of New York, is complex in their own right, Dankworth career highlight for Hauck, who has co-chair of the state-federal Residential says. But the meeting among all the since been named a deputy assistant Mortgage-Backed Securities Task Force parties brought it to a whole different attorney general in the Civil Division. that is continuing the cooperative level. She describes “one of those big But it was an incredibly complicated investigation into bank practices. On the tables that you see on TV when the U.N. effort, involving scores of participants; other side of the negotiations, H. Rodgin is meeting,” with the representatives

32 harvard law bulletin summer 2012 Brian Hauck, Damon Smith and Sarah Apsel experience in helping set up the Home Affordable Modification Program launched in 2009 as part of the initial financial stability efforts by the new administration. The program created a standardized process for banks to follow in modifying mortgages for distressed homeowners. (Without such standardization, she explains, mortgage servicers fear being sued on behalf of their investors.) With Apsel’s guidance, those standards served as a baseline for the conditions the five banks will follow under the consent judgment. The settlement has received much attention, but also much criticism. Smith, who served as a liaison to the banks in hammering out the specific language in the agreement, says: “I recognize there are critics on both sides of the ideological spectrum, who either feel that the banks paid more than they should have or feel the banks didn’t pay nearly enough. But I certainly recognize, having been in the room for that amount of time, that the negotiation resulted in a settlement that’s fair to all involved.” Dankworth, too, acknowledges the critics, but hopes that “the settlement from the banks on one side and 10 or the representative from Treasury was will put some issues behind us and 12 AGs on the other with the federal the same “Miss Apsel” he remembered improve the housing market at the reps: “so many players, and so many from class. “There were definitely same time.” interests.” times it seemed a bit surreal when we Says Hauck, “People who were Sitting at that table were two other were involved in these discussions,” foreclosed on are getting $1,500 to young alums, who, along with Hauck, he says, especially because Warren, $2,000, which was not intended to were the junior members on the core although not directly involved in the be full compensation for someone negotiation team: Damon Smith ’02, negotiations, was heading up the who lost their home.” But, he adds, senior counsel to Kanovsky at HUD, new Consumer Financial Protection “For all these people underwater on and Sarah Apsel ’03, a Bureau, which their mortgages, those mortgages senior policy adviser was focusing will be written down to much more at the U.S. Treasury SOME CRITICS FEEL THE on protecting affordable prices, so for those Department. BANKS PAID MORE THAN THEY consumers from homeowners particularly, that will Sectionmates at SHOULD HAVE; OTHERS, THAT abuses by the make a huge difference.” HLS, Smith and Apsel IT WASN’T NEARLY ENOUGH. financial industry. “We ended up with a dollar first met in Professor Apsel, who amount that exceeded expectations,” Elizabeth Warren’s was part of the and, importantly, a new, standardized Contracts class (Apsel took the next mortgage settlement team for nine infrastructure has been created for year off to work for Gov. Roy Barnes of months before being detailed in July assisting distressed homeowners Georgia). It was an amusing moment, 2011 by Treasury to the White House and helping avoid foreclosures, says Smith recalls, when he realized, as a senior adviser for housing policy, Apsel. “It was a very significant during an early conference call, that brought to the negotiations her deep accomplishment.” P

Photograph by brooks kraft summer 2012 harvard law bulletin 33 The way we live now

A

day

in

the

life

Since January, when the Wasserstein Hall, Caspersen Student Center, Clinical Wing Building opened its doors, it’s become Harvard Law School’s hub. Its state-of-the-art learning and living spaces range from the lofty to the intimate. This photo essay captures a glimpse of the activity, the quiet, the light— from dawn to dusk.

34 harvard law bulletin JOSHI RADIN , 4) ( BOTTOM ; TOP © PETER AARON ; HOTOGRAPHS: FACING PAGE © PETER AARON PAGE HOTOGRAPHS: FACING P summer 2012 harvard law bulletin 35 There’s room for solitude and community in the building’s sun-drenched spaces. Designed by Robert A.M. Stern Architects, the complex received LEED Gold Certification from the U.S. Green Building Council. summer 2012 harvard law bulletin 37 ‘Beyond anyone’s dreams’

We

couldn’t

have

done it

without

you

In April, a dedication ceremony celebrated those who helped to make the dream of a new center for the campus a reality.

“My sense,” said Elena Kagan ’86, Supreme Court justice and former dean, who was among the speakers, “is that it has succeeded beyond anyone’s dreams.”

Among those participating in the event were (below, from left) Kagan, Dean Martha Minow, Harvard President Drew Gilpin Faust, Professor Robert Clark ’72, architect Robert A.M. Stern, Finn M.W. Caspersen Jr. ’95, Barbara Caspersen, Samuel Caspersen ’99, Emily Caspersen, Abby S. Milstein ’76 and Howard Milstein ’77. FROM LEFT: DASH WASSERSTEIN, LUCY JULIA TURNER, BEN JANE WASSERSTEIN,PAM WASSERSTEIN WASSERSTEIN AND AND DEAN MARTHA MINOW SCOOP WASSERSTEIN HOTOGRAPHS: TOP, © PETER AARON; MIDDLE ROW: MARTHA STEWART; BOTTOM, PHIL FARNSWORTH © PETER AARON; MIDDLE ROW: MARTHA STEWART; HOTOGRAPHS: TOP, P

38 harvard law bulletin summer 2012 SEND US YOUR NEWS Alumni updates may be emailed to [email protected]. CLASS NOTES Deadline for the next issue: Sept. 10

1936 Longtime Red Sox fan bill hogan jr. threw out the first pitch Q “the paper chase,” by John Jay Osborn Jr. ’70, made the best- of the Saturday game during open- seller list some 40 years ago and inspired the movie version sttarring ing weekend at 100-year-old Fenway John Houseman, who is shown here on the Hollywood set. Park—on April 14, his own 100th birthday. He practiced with a trainer Threw out the for a year and did the 60-some family first pitch of the members present proud. A former Saturday game assistant U.S. attorney in Boston, during opening city councilor in Cambridge, and weekend at general counsel and vice president 100-year-old of public affairs for New England Fenway Park Telephone, Hogan is now a resident of Brookhaven in Lexington, Mass. See the article his grandson Aus- tin O’Connor wrote leading up to the event at http://www.aarp.org/ entertainment/arts-leisure/info-03- 2012/video-fenway-park-bill-hogan- pitch.1.html.

1940 bentley kassal shared memories and photographs of his World War II experiences, as well as his insights concerning the current military campaign in Afghanistan, in the program “World War II Remem- brances from D-Day Sicily, through the Eyes and Camera of the Hon. Bentley Kassal” at a New York City Bar event in November. A former jus- tice of the Appellate Division of the New York State Supreme Court, he is currently litigation counsel at Skad-

den, Arps, Slate, Meagher & Flom in HLS HISTORICAL AND SPECIAL COLLECTIONS New York City.

1949 george “tim” coburn re- co-author of hundreds of publica- sociation’s 54th annual Vanderbilt ports that Amazon.com published tions, courses, videos and practice Lecture, delivered by Dean Martha his memoirs this spring in paperback aids on income tax and financial Minow, who explored the multi- and digital versions. The title is “My and estate planning for the AICPA faceted impact of Brown v. Board of Sixty Years as a Public Contract Law- and other organizations. In 2010, the Education. Landau is now of counsel yer: The Enriching Life of George AICPA established the Sidney Kess at Hellring Lindeman Goldstein & Martin Coburn.” Looking back at his Award for Excellence in Continuing Siegal in Newark, N.J. years at HLS, he notes, “Professors Education to recognize individual thomas j. schwab and his Ernest J. Brown and Henry M. Hart CPAs who have made significant and wife, Lois, of Holyoke, Mass., were among the great teachers of outstanding contributions in tax and attended the Feb. 3 George and [my] professional life.” financial planning and whose public Mathilde M. Dreyfous Lecture in service exemplifies the profession’s Civil Liberties and Human Rights 1952 finest values and ethics; Kess was the at Tulane University Law School 60th Reunion Oct. 26-28, 2012 first recipient. in New Orleans. The lecturer was U.S. Attorney General Eric Holder. sidney kess received the American 1953 The Harvard Law School Schwab writes: “The lectureship was Institute of CPAs’ 2011 Gold Medal Association of New Jersey recently established in 1965 to honor George Award for Distinguished Service, presented retired Appellate Divi- Dreyfous, HLS Class of 1917, who which is given to individuals who sion judge david landau with its died in 1961 and who had a lifelong have made major contributions to the Markowitz Service Award for “his interest in civil liberties. The name CPA profession. Kess, of counsel to decades of exemplary service to the was changed to include his wife Kostelanetz & Fink in New York City, Association and community.” The after her death in 1992. Mathilde is a frequent lecturer and author or award was presented before the As- Dreyfous was my mother, and

summer 2012 harvard law bulletin 39 c lass no tes

al Criminal Tribunal for the former recent college graduates who didn’t Yugoslavia. consider ourselves ‘real’ soldiers. But we were committed to carrying out 1956 max singer is the author our assignments and accomplishing of “The History of the Future: The our missions with the same lethal Shape of the World to Come Is Vis- competence of our Office of Strategic ible Today,” published by Rowman Services predecessors we so admired & Littlefield last year. In the book, and strove to emulate.” Singer argues that poverty, tyranny and war will be largely eliminated 1960 jacob hen-tov ll.m. is the in the future and that, without those author of “Communism and Zion- struggles, we will have to find new ism in Palestine during the British ways to shape character. Singer is a Mandate” (Transaction Publishers, co-founder and senior fellow at the 2012). He writes that he is also still Hudson Institute in Washington, involved in research on legal reforms D.C., and a senior fellow at the BESA during Khrushchev’s Soviet Russia, Institute of Bar Ilan University in expanding his focus to include the Israel. social and political ramifications of these reforms. 1957 In March, the Conference Board 55th Reunion Oct. 26-28, 2012 published an article by frederick d. lipman titled “From Enron to IM ANDERSON J A tribute was paid to jay goldberg, Lehman Bros.: What Can We Learn a trial attorney in New York City, by From These Corporate Governance PORTRAIT WITH THE LADY U.S. Rep. Charles Rangel in Septem- Failures?” which is based on his new (now the mp) ber at the unveiling ceremony of the (14th) book, “Whistleblowers: Incen- official portrait presented to Rangel tives, Disincentives, and Protection In January, martin d. newman ’63 traveled to Burma by his colleagues for his service as Strategies” (John Wiley & Sons, with a group sponsored by the Metropolitan Museum House Ways and Means Committee 2012). Lipman, a partner at Blank of Art. “The highlight of the trip was a surprise visit chair. Rangel referred to Goldberg Rome in Philadelphia, is also the au- with Daw Aung San Suu Kyi, ‘the Lady,’ as she is often as the young assistant attorney as- thor of “The Family Business Guide” known by the Burmese,” he writes of the Nobel Peace signed to him years earlier who had (Palgrave Macmillan, 2011). Prize laureate, who has since won a seat in the Bur- become an assistant U.S. attorney michael malina has written mese Parliament. “[W]e were entertained by the Lady and who “lives and breathes the U.S. “Reflections of an Honest Skeptic: An for an hour and a half in the house in which she had Constitution.” Unorthodox Approach to Genesis,” a endured her 16 years of house arrest. Each of us was commentary on the Book of Genesis, introduced, including our professions and positions, 1958 robert l. crosby, a partner published by Devora Publishing last both professionally and for our charitable interests. at Best & Flanagan in Minneapo- year. We spent several minutes discussing my activities lis, was named to the first-tier list m. melvin shralow, president in New York City as a director of a charitable agency compiled by “The Best Lawyers in and principal of Shralow ADR in known as Safe Horizon, whose mission is to aid victims America” (2012), which recognized Bryn Mawr, Pa., has been elected of crime and violence, particularly abused women and him for his work in the area of trust president of the Greater Delaware children. But her fi rst comment to me was how impor- and estate law. He is a member of Valley chapter of the Association for tant to Burma’s future was the rule of law and that she Best & Flanagan’s private wealth Conflict Resolution. He has also been would welcome contact with HLS. She is a remarkable planning section and is a fellow of appointed chair of the Pennsylvania person, combining her Asian roots and her Western the American College of Trust and Bar Association ADR committee’s education.” Estate Counsel. subcommittee on its Lawyers Dis- joseph a. page ll.m. ’64, a pro- pute Resolution Program. In addi- fessor at the Georgetown University tion, he serves as judge pro tempore George Dreyfous was my stepfather. Law Center, has written a chapter on on major cases in the Philadelphia The first Dreyfous lecturer was “Tobacco Products” for the second Court of Common Pleas and its Com- HLS faculty member paul freund edition of “Food and Drug Law and merce Case Program. He recently fin- ’31 s.j.d. ’32, and other lecturers Regulation,” a book published earlier ished two years as chair of the Senior included HLS faculty members this year by the Food and Drug Law Lawyers Professional and Public erwin griswold ’28 s.j.d. ’29 Institute. Service Committee of the Philadel- (1968), Charles Fried (1975) and phia Bar Association. charles ogletree ’78 (2004).” 1959 frank babb of Tucson, Ariz., is the author of “Hot Times in 1961 laurence h. silberman, a 1955 judge theodor meron Panama,” a spy thriller of U.S. coun- judge on the U.S. Court of Appeals ll.m. s.j.d. ’57 was appointed presi- terintelligence in Panama. A former for the D.C. Circuit, was the guest dent of the International Residual mergers and acquisitions lawyer speaker at the Circle of 2nd Amend- Mechanism for Criminal Tribunals in Chicago and Washington, D.C., ment Friendship Dinner hosted by for a four-year term that began Babb served with the Army Counter the National Rifle Association Civil March 1, 2012. He also continues to Intelligence Corps in Panama during Rights Defense Fund in Washington, serve as president of the Internation- the Cold War. He writes: “We were D.C., in January. Among those at-

40 harvard law bulletin summer 2012 c lass no tes

tending were randy barnett ’77, grandchildren. He traveled to enables its current and future em- the Carmack Waterhouse Professor Patagonia in February. ployees to gain a beneficial owner- of Legal Theory at Georgetown Uni- ship interest in the company without versity Law Center; william h. 1963 david warfield brown any personal investment. According dailey ’63 (host for the event), is the author of “The Real Change- to Guzzetti, “It represents a very tan- chair of the NRA Civil Rights De- Makers: Why Government Is Not gible way to reward those who have fense Fund; sandra froman ’74, the Problem or the Solution,” pub- played the critical role in Spinnaker’s an attorney in private practice and lished by Praeger in January. The success since we purchased the as- president of the NRA from 2005 to book makes the case that solutions sets of our predecessor company out 2007; nicholas johnson ’84, pro- to social problems won’t come from of bankruptcy in 2002.” fessor at Fordham University School just more litigation, more legislation, Last summer richard of Law and lead author of the first more regulation or more funding but mainland was elected a fellow of Makers: Why law school textbook on the Second from the involvement of ordinary the College of Commercial Arbitra- Government Is Not Amendment, “Firearms Law and the citizens, who have always been the tors for 2011. Mainland, of counsel at the Problem or Second Amendment: Cases and Ma- real change-makers. The author or Fulbright & Jaworski in Los Angeles, the Solution” terials”; craig lerner ’94, associate co-editor of four previous books, is also a fellow of the American Col- dean for academic affairs and pro- Brown is the co-editor of the Higher lege of Trial Lawyers and a founder fessor at George Mason University Education Exchange, an annual and past president of the California- School of Law; and michael o’shea publication of the Kettering Founda- based Association of Business Trial ’01, associate professor at Oklahoma tion. In April he wrote an op-ed for Lawyers. City University School of Law. the Washington Post titled “Obama’s sol warhaftig has moved from missed opportunities with Organiz- New York to Chicago and continues 1962 ing for America.” his practice at Proskauer in its Chica- 50th Reunion Oct. 26-28, 2012 l. michael hager retired as go office, where he is a partner in the president of the nonprofit Education tax department. He writes, “My wife Last fall john g. “jack” wofford for Employment Foundation in July (susan klein ’70) and I are enjoying received the first “Spirit of 2010, and last summer he published life in Chicago, where one of my sons Mediation” award from the a volume containing fiction and plays and his 3-year-old twin daughters Community Dispute Settlement on the theme of aging titled “The live, and restoring a 1920s vintage Center, a community mediation Queue, a Novella and Warriors, a apartment on the lake.” program, for his 16 years on its Trilogy of Plays.” He writes, “With board of directors and his 40 years apologies to HLS, they have nothing 1965 arthur e. pape, principal of of consensus building in the Boston to do with the law.” the Pape Law Firm in Wheaton, Ill., area. He writes: “I continue my Early this year wayne was named the Chicago “Best Law- independent practice as mediator, shortridge became lead director yers” Real Estate Lawyer of the Year arbitrator and facilitator in a of Sanmina-SCI, a Fortune 400 com- for 2012. He counsels developers and wide range of types of disputes. I pany which is a lead multinational, investors in structuring transactions facilitated the 42-person advisory diversified electronics manufacturer. in connection with the development, committee charged with improving He retired from Carlton Fields in De- financing, construction, leasing, “I facilitated the design of the new bridge over cember after seven years of establish- operation, and disposition of large the 42-person the Charles River as part of the ‘Big ing, building and leading the firm’s office buildings, shopping centers, advisory Dig’ project, leading to Boston’s Atlanta office. Shortridge is also hotels, stadiums, and multi-use proj- committee highly praised Zakim-Bunker Hill chair of Sanmina-SCI’s nominating ects and in the acquisition and dispo- charged with Bridge.” Wofford was previously and governance committee, a mem- sition of real estate portfolios. improving the deputy general counsel of the U.S. ber of its audit committee and former judge daniel weinstein (Ret.), design of the Department of Transportation, chair of its compensation committee. one of the world’s pre-eminent new bridge” director of long-range transportation mediators, has recently overseen planning for the Boston region, a 1964 james arnett ll.m., q.c. settlements in a number of high- senior mediator at Endispute Inc. is nonexecutive chairman of Hydro profile cases, involving Verizon, and a partner in the former Boston One, the large electricity utility Lehman Brothers, the Pacquiao vs. law firm Csaplar & Bok. owned by the Province of Ontario, Mayweather boxing disputes, Madoff judge peter h. wolf writes that Canada. Appointed chair of the feeder fund cases and many more. he has established the website peter- company in 2008, he was previously For more than 20 years, he has been hwolf.wordpress.com after teaching special adviser to the premier of a panelist with JAMS, the largest an adult education course on The Ontario on the steel and automobile private provider of dispute resolu- Legal Process for more than three industries and before that, CEO and tion services worldwide, and he years, including last fall at Washing- president of Molson. teaches fellow mediators and lawyers ton College in Chestertown, Md. In louis a. guzzetti jr., CEO of throughout the world. addition to sample documents and Spinnaker Coating, a manufacturer links about the legal process, the site of adhesive-coated papers and films 1966 robert kafin writes, “lang includes some of his own writings. based in Troy, Ohio, announces that marsh and I were among a group of Wolf, a senior judge of the Superior in February the company became pioneering environmental lawyers Court of the District of Columbia, is an S Corporation and instituted an receiving the 2011 George W. Perkins enjoying semiretirement on the East- Employee Stock Ownership Plan. Award from Parks & Trails New ern Shore of Maryland and his six The company’s transition to an ESOP York honoring outstanding environ-

summer 2012 harvard law bulletin 41 c lass no tes

mental leadership.” arman, Rogers, Barshak & Cohen, world at large,” marc redlich harry w. strachan’s memoirs, has been inducted as a fellow of the wrote in November. Last fall, an “Finding a Path: Stories from My International Academy of Trial Law- earlier favorable decision in a case Life,” were published by iUniverse yers. Barry concentrates his practice involving age discrimination before in 2011. Born into a large mission- in the defense of complex product the Massachusetts Commission ary family in Costa Rica, Strachan liability, professional liability and Against Discrimination was affirmed received degrees from HLS and commercial litigation matters, and he by the full commission, and his Harvard Business School and taught also represents individuals in medi- client was awarded in excess of $1.4 at HBS before moving into private cal malpractice and pharmaceutical million. He and his firm have also investment. As his book details, his liability. been successful in recent efforts to path eventually led him back to Costa obtain severance benefits for the Rica with “the mission of investing 1969 geoff shepard, a lawyer,y employees of a major bioresearch for profit and impact.” For more in- author and political historian, who company after the company was formation, go to www.harrystrachan. served for almost six years on Presi- acquired by a larger one. A member com. dent Nixon’s White House staff, is of the international law group producer of the Nixon Leggyacy Forum International Jurists, Redlich 1967 series. Co-sponsored by the National attended the group’s annual meeting 45th Reunion Oct. 26-28, 2012 Archives and the Richard Nixon in Prague in the spring of 2011 and Foundation, 20 forums have been met with colleagues from many other susan alexander has written her held since the beginning of 2010, on countries to discuss how to fashion second murder mystery, “Jealous subjects such as the environment, solutions to clients’ legal problems Written her Mistress” (CreateSpace, 2011), featur- welfare reform, the all-volunteer around the world. second murder ing an HLS alumna who investigates force and organized crime. Video walter a. smith jr., executive mystery, “Jealous a murder at her daughter’s nursery links to each can be found at www. director of DC Appleseed, a non- Mistress” school. Both of Alexander’s novels geoffshepard.com. profit organization focused on solv- are available at Amazon.com and ing public policy problems facing the Kindle. She lives in San Francisco. 1970 In February, Blank Rome D.C. area, received the President’s murray s. levin, a partner at partner lawrence j. beaser was Award from the Washington Council Pepper Hamilton in Philadelphia, honored with the Dennis H. Replan- of Lawyers during a celebration of spoke on “Resolving Product Li- sky Memorial Award by the business the council’s 40th anniversary in ability Disputes Through Media- law section of the Philadelphia Bar November. The award recognizes the tion” at the Union Internationale des Association. Based in Blank Rome’s role Smith has played in promoting Avocats’ 55th Congress in Miami in Philadelphia office, Beaser has ex- pro bono work in the D.C. commu- November. tensive experience in the fields of nity. He formerly served as the pro bill levit lectured on interna- nonprofit and for-profit business bono partner at Hogan & Hartson tional commercial arbitration in law, health law and government law, (now Hogan Lovells) and has re- October at the Law and Management and he currently serves as chair of cruited more than 20 D.C. law and Institute of Vladivostok State Uni- the Model Nonprofit Corporation Act accounting firms to work on DC versity of Economics & Service in Subcommittee of the ABA’s business Appleseed’s projects. Vladivostok, Russia. While he was law section. teaching law, his wife, Missy, assisted The United Nations Human 1972 a group of faculty and staff with Rights Council in Geneva appointed 40th Reunion Oct. 26-28, 2012 their English conversation skills. In alfred de zayas independent ex- connection with their trip to Pacific pert on the promotion of a democrat- barry brown, provost, professor Russia, they spent a week in North ic and equitable international order. and former acting president of Suf- Korea. Levit continues to serve as an After spending almost her entire folk University, has been named the arbitrator and mediator and to liti- life as a resident of New York, susan eighth president of Mount Ida Col- gate and arbitrate cases for clients of klein recently moved to Chicago lege, a small, private, undergraduate Godfrey & Kahn in Milwaukee. with her husband, sol warhaftig and graduate institution located in john e. wallace, retired justice ’64. She continues to practice law Newton, Mass. of the Supreme Court of New Jersey, as a senior partner at Polsinelli mark a. meyer ll.m. was ap- “Served for was awarded the New Jersey State Shughart, concentrating in taxation pointed to the World Bank’s Panel of almost six yyears on Bar Foundation’s highest award, and private international law. Arbitrators of the International Cen- President Nixon’s its Medal of Honor, recognizing his ter for the Settlement of Investment White House staff” “longtime commitment to New Jer- 1971 ron brown and geraldine Disputes, the leading international sey’s legal legacy.” Wallace’s career as reed brown co-wrote an article arbitration institution devoted to a jurist spanned more than 25 years. on “DNA Collection and the Fourth investor-state dispute settlement, for Appointed to the Superior Court of Amendment” that was published by a six-year term. A member of Herz- New Jersey for Gloucester County the ABA section of litigation in the feld & Rubin in New York City, he is in 1984, he was elevated to the Ap- Winter 2012 edition of the pro bono also national chair of the Romanian- pellate Division in 1992, and to the and public interest section’s newslet- American Chamber of Commerce. In Supreme Court in 2003. ter. May 2011, Meyer gave the commence- “We have had a productive six ment address at Fairleigh Dickinson 1968 david a. barry, a partner at months in very difficult economic University, where he was awarded an the Boston civil litigation firm Sug- times locally, nationally and in the honorary doctoral degree.

42 harvard law bulletin summer 2012 c lass no tes

University of California, Los Ange- country gives noncitizens, by special 1974 john w. daniels jr., chair les, was inducted into the American decree of then-President Nicolas of Quarles & Brady in Milwaukee, Academy of Arts and Sciences at a Sarkozy. The William Nelson Crom- received the “Outstanding Alumnus” ceremony in Cambridge last fall. well Professor of International and award from North Central College Comparative Law and director of in Naperville, Ill., in January as part 1975 stephen calkins has the Berger International Legal Stud- of the school’s sesquicentennial cel- become a member of the Competi- ies Program at Cornell University ebration. He was recognized for his tion Authority of Ireland in Dublin Law School, Barceló was honored long commitment to his profession (which is soon to merge with Ire- for the work he did in the early and to the college. The first lawyer of land’s National Consumer Agency) 1990s to launch Cornell Law’s first color, first partner of color and first and head of its mergers division, and study abroad program and create a chair of color at Quarles & Brady, he he is one of the Irish government of- partnership with the Sorbonne Law was selected last year by the ABA ficials responsible for enforcing laws School in Paris. Commission on Racial and Ethnic protecting competition and consum- Diversity in the Legal Profession as ers. He took a leave of absence from 1978 raymond t. “tom” elligett the 2012 recipient of its Spirit of Ex- his positions as law professor and jr. writes that he and his wife, cellence Award. vice president at the Wayne State Cheryl, were blessed with their fifth In late March, mary campbell University Law School. grandchild. He also notes that Stet- gallagher wrote that her book daniel s. koch has joined the son University College of Law pub- “Write Fast Legal Memos ‘Like a corporate practice group of Miles & lished the sixth edition of the book Sport’” was just going to press. She Stockbridge in Rockville, Md., as a he has co-written: “Florida Appellate also wrote: “I see progress in my counsel. He was formerly with Paley Practice and Advocacy.” He contin- campaign to defeat plans for tow- Rothman in Bethesda. ues to teach at Stetson as an adjunct ers in Paris, and other blight. The richard a. meserve, president professor and to practice with Buell preservationist organization I belong of the Carnegie Institution for Sci- & Elligett in Tampa. to, S.O.S. Paris, has received interna- ence and former head of the U.S. Nu- In the summer of 2011, elliot sil- tional coverage, starting with David clear Regulatory Commission, will verman rejoined the New York City Brussat’s March 29 column for the lead Harvard’s Board of Overseers— firm Wachtel & Masyr, where he had Providence Journal. Our next step is Harvard’s second highest governing practiced from 1986 to 1997, and he is persuading UNESCO to delist Paris body—for 2012-2013. now partner in charge of the firm’s “Our next step as a World Heritage site.” marilyn newman, special coun- first West Coast office, in Irvine, Ca- is persauding paul m. kurtz ll.m., a profes- sel in the environmental section of lif. He continues to focus his practice UNESCO to delist sor and associate dean for academic Mintz, Levin, Cohn, Ferris, Glovsky on complex civil, tax, white-collar Paris as a World and student affairs at University of and Popeo in Boston, was named as- criminal and appellate litigation. Heritage site.” Georgia School of Law, received the sistant vice president of government Athens Justice Project’s Milner S. affairs of NAIOP Massachusetts, the 1979 constance backhouse Ball Social Justice Award in October. commercial real estate development ll.m., a law professor at University He was honored for his support of association. Her practice at Mintz of Ottawa, was awarded the Gold the project, a nonprofit organization Levin encompasses a range of envi- Medal for Achievement in Research dedicated to breaking the cycle of ronmental permitting, compliance, in November by the Social Sciences crime and poverty, and for “his tire- cleanup, and transactional issues, and Humanities Research Council. less work on behalf of indigent crimi- and she represented Boston’s Central Backhouse was recognized for her nal defense in Georgia, on reform of Artery/Tunnel Project regarding numerous books and articles about family law nationally, and for count- environmental impact review and the ways women and minority com- less community causes.” permitting matters. munities have struggled to obtain fletcher “flash” wiley has justice within the legal system. She is become a member of the board of 1976 jack keeney jr. received a currently focusing her research on a visitors of the United States Air 2012 Justice Potter Stewart Award biography of former Supreme Court Force Academy, after having been from the Council for Court Excel- of Canada Justice Claire L’Heureux- nominated by president barack lence for lifetime contributions to the Dubé, the second woman appointed obama ’91. He is also on the board administration of justice in to the country’s highest court and the of visitors of the Air University. “As the District of Columbia. He is cur- first from Quebec. long as I can handle both positions rently the director of the Barbara robert m. saltzman was ap- logistically (meeting times, etc.), I McDowell Appellate Advocacy Proj- pointed by president barack will have a unique vantage point to ect of Legal Aid, a former partner at obama ’91 to the Commission on think about both of the academic/ Hogan Lovells and a past D.C. Bar Presidential Scholars, a group that national defense programs synergis- president. advises the president and the De- tically,” Wiley writes. A graduate of partment of Education on the selec- the U.S. Air Force Academy and for- 1977 tion of the nation’s top graduating mer captain in the U.S. Air Force, he 35th Reunion Oct. 26-28, 2012 high school seniors. In addition, Los is of counsel to Bingham McCutchen Angeles Mayor Antonio Villaraigosa in Boston. In April john j. barceló iii s.j.d. reappointed Saltzman to a five-year stephen yeazell, the David was named a Chevalier in the Ordre term on the Los Angeles Board of G. Price and Dallas P. Price Dis- national de la Légion d’honneur of Police Commissioners, and his nomi- tinguished Professor of Law at the France, the highest recognition the nation was confirmed unanimously

summer 2012 harvard law bulletin 43 PROFILE THOMAS BUERGENTHAL LL.M. ’61 S.J.D. ’68

After Death Camps, a Force for Life

THIS SUMMER THOMAS Buergenthal LL.M. ’61 S.J.D. ’68 will begin writing a sequel to “A Lucky Child: A Memoir of Surviving Auschwitz as a Young Boy,” published in 2009. It is a harrowing, moving account of how Thomas, age 5, and his mother and father were trapped in Po- land in 1939 after the invading Germans bombed their train as they fled toward England. Forced into a Jewish ghetto and work camps, four years later the Buergenthals were put on a train to the most feared destination of all: Auschwitz. There Thomas was separated from his parents—fifirst his mother, Gerda, then his father, Mundek— and struggled by his wits and courage to survive alone. As Germany neared defeat, Auschwitz was evacuated and Thomas joined the infamous death march and transport to the Sachsenhau- sen camp in Germany. At war’s end he walked out and was taken on as mascot of a Polish army unit, until one of the soldiers found a place for him at a Jewish orphanage. Finally, at age 12, he was reunited with his mother in Göttingen, Germany. To this day Buergenthal cannot talk about that reunion. He learned his father had perished in Buchenwald, near the end of the war. He and his mother were among a handful of Jews remaining in Göttingen, and while he taught himself to forgive his oppressors, he knew Germany would never be home. The sequel will pick up where “A Lucky Child” left off, at his Buergenthal served on arrival, alone, in New York Harbor at age 17. As he stood on deck, im- the International Court of Justice in The Hague ages of the Holocaust fl ashed in his thoughts. That day he knew: “My from 2000 to 2010. past would inspire my future and give it meaning.” He would “fifi ght the ideologies of hate and of racial and religious superiority,” and he chose the law as his means. After earning his J.D. from New York University, he went on to HLS, where his adviser and mentor was WHEN BUERGENTHAL WAS A CHILD IN MORTAL Professor Louis B. Sohn LL.M. ’40 S.J.D. ’58, a staunch champion of the emergent United Nations. They co-wrote the first casebook on the PERIL, THERE WAS NO SUCH THING AS international protection of human rights, published in 1973. In 1979 Buergenthal became one of the fi rst seven judges elected INTERNATIONAL PROTECTION OF HUMAN RIGHTS. to the Costa Rica-based Inter-American Court of Human Rights, when the region was a patchwork of nations ruled by military juntas and dictators wreaking terror with “disappearances” and torture of tends—in Asia, for example. Buergenthal also believes that serious civilians. As he and colleagues scrambled to expose and punish the thought should be given to the establishment of regional interna- trampling of human rights, he remembers: “We invented everything; tional criminal courts to supplement the jurisdiction of the ICC. we all felt like we were John Marshalls.” He served for the maximum When Buergenthal was a child in mortal peril, “there was no such two terms, the only U.S. judge ever to sit on the court. thing as international protection of human rights. I have always be- Buergenthal was elected in 2000 to the International Court of lieved that if the institutions and laws we have now, no matter how Justice in The Hague, serving a decade. In contrast to his hands-on weak, had existed in the 1930s, when Hitler was just getting started, work in the newly formed Inter-American Court, which brought him they could have prevented much that happened later.” into contact with the victims of serious human rights violations, The intractable worry for Buergenthal is something he witnessed Buergenthal found The Hague court’s daily fare of interstate disputes over and over: the moral collapse of ordinary people. Why do some, less personally satisfying. like his parents, hold on to their integrity and moral compass, while That there now exists an International Criminal Court is a very others yield to brutishness and hate? The only effective deterrent is exciting development, says Buergenthal, who teaches international education, he believes, “and teaching children tolerance at the earli- law and human rights on the faculty at George Washington Universi- est age possible.” ty Law School, which he fi rst joined in 1989. The ICC fills an important By the time Thomas Buergenthal was free, the Nazis had killed gap in bringing the worst offenders to justice, but it can try only very his father, his grandparents, and Ucek and Zarenka, Jewish orphans few people. And regional international human rights courts exist who were like beloved little siblings. He had witnessed beatings, only in Europe, the Americas and Africa. Others are needed, he con- hangings, shootings, random cruelty. Yet he believes he was indeed

44 harvard law bulletin summer 2012 ENTHAL G ER U B S MA O F TH O Y S RTE COU

OS T O PH

Thomas Buergenthal in Auschwitz in 1995, 50 years after My Holocaust the forced march out of the camp (above); Six months after experience has liberation, with the soldier who helped find a place for him in a Jewish orphanage (below); At 2 years old, in 1936, with his had a very sub- mother (right); In 1937, with both of his parents stantial impact on the human being I have become. … It equipped me to be a better human rights lawyer, if only because I under- stood, not only intellectually but also emo- tionally, what it is like to be a victim of human rights viola- a lucky child, as a fortuneteller foretold to his mother, just before tions. I could, Hitler overran Poland. That luck came in the form of bread loaves after all, feel it Czechs dropped from bridges, as his open train car packed with starv- in my bones.” ing Jews passed beneath. It came from his resourceful parents, who —thomas taught him survival skills, such as hiding when inmates lined up for buergenthal, Dr. Mengele’s selections. And it came from friendships he made: the “A Lucky Child: A Polish doctor who tore up the card marking him for the gas chamber, Memoir of Surviv- the two boys who helped him stagger across a field on frostbitten ing Auschwitz as a toes to avoid execution. If not for all of them, Thomas Buergenthal Young Boy” would have died, in the darkest hours of his life. For them, he remem- bers, he teaches, he fi ghts and writes on. —julia collins

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by the Los Angeles City Council. done with the rough draft of the se- decades working as a lawyer, writer, In addition to setting policy for the quel to ‘Twin-Bred.’ I also have a free entrepreneur, politician and activ- Los Angeles Police Department and science fiction story, ‘The Baby,’ on ist to try to return Harlem to “the providing civilian oversight over it, Smashwords. It’s the start of a series golden age that it experienced in the the commission adjudicates all seri- on human cloning, and later stories early 20th century.” ous uses of force by LAPD officers will deal with some of the legal issues theodore i. yi, co-managing based on investigations handled by that cloning is likely to raise.” partner of Quarles & Brady’s Chicago the commission’s inspector general. office, was featured in the 2011 “Busi- Saltzman continues as associate dean 1981 robert george, McCor- ness Leaders of Color” publication of “From Harlem with at the USC Gould School of Law, mick Professor of Jurisprudence the advocacy organization Chicago Love: An Ivy Leaguer’s where he is responsible for academic at Princeton University, has been United. The publication highlights Inner-City Odyssey” support and teaches Evidence, Legal appointed to the United States Com- exceptional corporate and civic lead- and Professional Ethics, and Statu- mission on International Religious ers who currently serve, or are ready tory Interpretation. Freedom. “The independent bipar- to contribute, as board directors for tisan federal agency was created by Fortune 1,000 companies. Concen- 1980 marjorie “jorie” roberts the International Religious Freedom trating his practice in the area of real and her husband, daryl dodson Act of 1998,” George writes. “The estate law, Yi focuses on commercial ’82, traveled to North Korea in Janu- nine members are appointed by the lease transactions representing both ary. She writes that they were among president and the leaders of both owners and users of office, retail and the first Americans to visit the coun- parties in Congress. Its mission is to industrial properties, and he has try since the passing of Kim Jong-il. identify major violations of religious represented a number of Fortune Australian thomas graham ll.m. freedom around the world and make 250 corporations in connection with ’11 was also on the trip, organized recommendations to the president, relocations of their corporate head- by Koryo Tours. “Official Korean the State Department and Congress.” quarters. He is also currently a fellow guides accompanied us at all times George will be back at HLS as a visit- with the American College of Real when we were outside our hotel in ing professor for the 2012-2013 aca- Estate Lawyers. Pyongyang,” writes Roberts, “but demic year. we nonetheless were able to inter- andra barmash greene, man- 1983 kriangsak kittichaisaree act with North Koreans in different aging partner of Irell & Manella’s ll.m., Thailand’s ambassador to Aus- locales—the Golden Lane Bowling Newport Beach, Calif., office, was tralia, was elected a member of the Centre, a rifle range, the Paradise awarded the American Jewish International Law Commission of the Department Store, the Taedonggang Committee’s Judge Learned Hand United Nations for a five-year term, Diplomatic Club, the world’s deep- Lifetime Achievement Award in from Jan. 1, 2012, to Dec. 31, 2016. est subway, and several restaurants December. The award is presented and brewpubs.” They also visited to outstanding leaders of the legal 1985 In January, calvin buford the Victorious Fatherland Liberation profession who exemplify the high was appointed to serve on the board War Museum, “which presented the principles for which Judge Hand of directors of the Greater Cincinnati Visited the North Korean version of the Korean was renowned and who have dem- Foundation, a nonprofit organization Victorious War,” and the armistice signing onstrated exceptional service to the devoted to philanthropy and charita- Fatherland room in Kaesong, where the United community and the legal profession. ble giving in the community. He is a Liberation War Nations and North Korea inked the Also a member of Irell & Manella’s partner in the Corporate Department Museum armistice on July 27, 1953. In addition, executive committee, Greene focuses at Dinsmore in Cincinnati, where he they viewed an official mourning site on complex business and intellectual focuses his practice on general cor- for Kim Jong-il, “with its larger-than- property litigation. porate and transactional matters and life portrait of the supreme leader debt and equity financings. and hundreds of flowers at its base.” 1982 raymond angelo belliotti richard g. kass was recognized hope reisman sheffield has analyzes “our moral obligations to this spring for his volunteer service written a second psychological mys- the dead” in his latest book, “Post- by the Lawyers Alliance for New tery (following “Blood Mother”), humous Harm: Why the Dead are York, which provides legal services “The Inflatable Man.” She writes, “If Still Vulnerable,” recently published to local nonprofits. Kass, an attorney you might be interested in the story by Lexington Books. Distinguished at Bond, Schoeneck & King in New of a divorced Skokie prosecutor with Teaching Professor of Philosophy at York, has practiced labor and em- two little girls and a penchant for SUNY at Fredonia, Belliotti is also ployment law on behalf of manage- solving domestic crimes on Chicago’s the author of “Dante’s Deadly Sins: ment for more than 25 years. North Shore, both books are avail- Moral Philosophy in Hell,” published w. burlette carter, a professor able on Amazon.” by Wiley-Blackwell in November. He at George Washington University karen a. wyle published her writes that this book “considers the Law School, wrote “Finding the Os- first novel, a science fiction work ‘Commedia’ as Dante intended, as a car,” which appeared in the GW Law titled “Twin-Bred,” in October. It’s practical guide to moral betterment.” Magazine in February. In the article, available as a paperback and e-book joseph h. holland is the author she traces the path of the Oscar that on Amazon and as an e-book in the of “From Harlem with Love: An Hattie McDaniel won for her role as NOOK Store and on Smashwords. Ivyyg Leaguer’s Inner-City yyy Odyssey” the slave Mammy in “Gone with the She writes: “I have a rough draft of (Lantern Books, 2012). Part memoirs Wind.” McDaniel, the first African- another, general fiction, tentatively and part cultural and political his- American ever given the Oscar, titled ‘Reflections,’ and am almost tory, the book is his story of his three willed her award to Howard Uni-

46 harvard law bulletin summer 2012 PROFILE ROBERT MCDUFF ’80 HAS RUN HIS OWN CIVIL RIGHTS PRACTICE IN JACKSON, MISS., FOR 20 YEARS

Atticus Finch with a Laptop

ROBERT MCDUFF ’80 remembers clearly what fi rst got him thinking about civil rights and the profession of law. In 1968, when he was 12, he read a newspaper account of a mur- der trial in his hometown of Hattiesburg, Miss. The victim was Vernon Dahmer—an African- American shopkeeper and civil rights leader who let other African-Americans use his store as a place to pay their poll taxes. Dahmer had been killed by members of the Ku Klux Klan in 1966, his house fi rebombed during the night. As McDuff read the article, he found himself wondering: “Why did they kill this man? What are these lawyers doing? What does it mean to be a lawyer in a courtroom?” McDuff has spent his career answering that last question for himself, for the last 20 years running his own law offifice in Jackson, Miss., where he takes on a mix of criminal and civil cases, most involving civil rights issues. “If it’s something that interests me and that I think is important—and if I think I can make a difference—I’ll take it on,” he says. Recently, McDuff has worked on several cases involving teenagers prosecuted as adults. He represented one of the defendants in the Jena Six prosecution in Louisiana, in which six African-American students were charged with attempted “IF IT’S SOMETHING THAT INTERESTS ME AND murder for allegedly beating a white student after nooses were hung outside their school. McDuff helped forge a resolution whereby THAT I THINK IS IMPORTANT—AND IF I THINK I all felony charges were dismissed and the teenagers’ records were expunged. In an ongoing case, he is appealing the conviction of a CAN MAKE A DIFFERENCE—I’LL TAKE IT ON.” 14-year-old boy sentenced to life in adult prison in Mississippi for a robbery-murder in which he was not the trigger person and was unarmed. McDuff is also representing a Mississippi girl who became ‘Oh, we’ve solved these problems.’ But many of the problems are still pregnant at 15 and had a stillbirth. A fetal autopsy revealed traces of there. And it’s very easy to backslide once the attention goes away.” cocaine, and the girl is now being prosecuted for murder. McDuff runs his practice out of a small blue house half a block Voting rights is another important issue for McDuff. Early in his from the Mississippi Supreme Court, where he’s argued many cases. career he worked for the Lawyers’ Committee for Civil Rights Under These days, though, he does much of his work via cell phone and lap- Law in Washington, D.C., focusing on voting issues. One of his cases, top from New Orleans, where his wife, Emily Maw, is the director of Clark v. Roemerr, went to the Supreme Court, where he successfully that city’s branch of the Innocence Project. Such fl exibility is part of argued that aspects of Louisiana’s election system for state court what McDuff enjoys about having his own practice. “Private practice judges violated the Voting Rights Act. That case led to the redrawing has its rewards. There are very few sorts of organizations that allow of a number of the state’s judicial election districts, which helped the fl exibility and variety I have with these cases,” he says. push the number of African-American judges in the state from six Over the years, McDuff has hired several interns from Harvard out of 230 to more than 40. (He has since argued three other cases in Law School. One of them, Jacob Howard ’09, is returning to Jackson front of the Supreme Court.) He was co-counsel in a similar case in in the fall to work with him full time. “He’s had a huge impact on Mississippi that led to a dramatic increase in the number of African- who and what I want to be as a lawyer, simply because of the way American judges there. Over his years practicing in the South, McDuff he’s chosen to practice law,” says Howard. “He could have done any has seen the voting rights of African-Americans improve substantial- number of things, but he went back to Jackson to open up this tiny ly. Yet civil rights issues remain, and he feels it’s essential that some- offifi ce and take cases just because he thinks the work is important.” one keep watch: “I’ve seen white public offificials take the attitude, —katie bacon

summer 2012 harvard law bulletin 47 c lass no tes

versity, but today it can’t be found. and president of the Murthy Law was appointed by California Gov. Jer- Consulting probate papers, archival Firm in Owings Mills, Md., where ry Brown to the San Diego Regional materials and conducting interviews, she practices U.S. immigration law, Water Quality Control Board. Carter follows the Oscar from Mc- received the Children’s Guild 2012 robert ricigliano is the author Daniel’s death to its arrival at How- Sadie Award at the organization’s of “Making Peace Last: A Toolbox ard and offers a theory as to its fate. annual gala in Hunt Valley, Md., in for Sustainable Peacebuilding” April. In addition to her law firm (Paradigm, 2012). A former associate 1986 thomas g. ambrosino practice, Murthy helps lead the Mur- director of the Harvard Negotiation became the executive director of thyNayak Foundation, an NGO that Project at HLS, Ricigliano is now the Massachusetts Supreme Judi- helps with children’s and women’s the director of the Institute of World cial Court in January. In that role, health and educational needs, sup- Affairs at the University of Wiscon- he reports to the chief justice and ports programs that assist immi- sin-Milwaukee. He has worked on justices of the court, implementing grants, educates and advocates for conflict resolution in areas including its policies and directing its daily ad- immigration, and supports disaster Iraq, Afghanistan, the Democratic ministration. From 2000 to late 2011, relief efforts. Republic of Congo, Colombia, the Re- Ambrosino served as mayor of the daniel b. rodriguez became public of Georgia and South Africa, city of Revere. dean of Northwestern University and his new book addresses both Northeastern University School School of Law and Harold Washing- how the U.S. can reduce its role in of Law Professor hope lewis, a hu- ton Professor in January. He was pre- Iraq and Afghanistan, and the ongo- “Almost a Psychopath: man rights scholar and advocate who viously the Minerva House Drysdale ing struggles and search for answers Do I (or Does Someone specializes in public international Regents Chair in Law at the Univer- to problems with the global economy. I Know) Have a law, was awarded the ABA’s Mayre sity of Texas School of Law, and he james silver is co-author of Problem with Rasmussen Award for the Advance- also served as dean at the University “Almost a Psychopath: Do I (or Does Manipulation and ment of Women in International Law of San Diego Law School. Someone I Know) Have a Problem Lack of Empathy?” at an event in New York City in April. brad r. roth, professor of politi- with Manipulation and Lack of Co-founder of NU Law’s Program cal science and law at Wayne State Empathy?”y (Hazelden, 2012). In the on Human Rights and the Global University, has written a new book, book, Silver and former attorney/cur- Economy, Lewis is also the co-author “Sovereign Equality and Moral rent Harvard Medical School Associ- of “Human Rights and the Global Disagreement: Premises of a Plural- ate Professor Ronald Schouten ex- Marketplace: Economic, Social, and ist International Order” (Oxford plain what it means to be an “almost Cultural Dimensions” and a past University Press, 2011). It acquaints psychopath” and draw on scientific recipient of the U.S. Human Rights readers with various applications of research and their own experiences Network Notable Contributions to sovereign equality in international to help readers identify symptoms of Scholarship Award. In addition, last law and defends the principle as a subclinical psychopathy and guide year, Lewis, who is legally blind, was morally sound response to disagree- them to interventions and resources named Employee of the Year by the ments in the international realm. to change behavior. Currently on the Carroll Center for the Blind and the faculty at Bristol Community College Massachusetts Commission for the 1988 The Legal Aid Society in Massachusetts, where he teaches Blind for her work as an interna- of Louisville (Ky.) named bridget Criminal Justice and Legal Stud- tional law and human rights teacher maloney bush Outstanding Vol- ies, Silver has been both a federal and scholar. unteer Attorney of 2011 for her work prosecutor and a criminal defense john matteson is author of representing victims of domestic vio- attorney, and he has a blog on Psy- “The Lives of Margaret Fuller: A lence. Counsel at Landrum & Shouse, chologyToday.com called Crimes, Biography” (Norton, 2012). He brings where she has practiced in com- Courts, and Cops. He also wrote the a wealth of detail and insight to mercial litigation and white-collar book “The Crime Junkie’s Guide to his portrait of this compelling, and criminal defense/internal investiga- Criminal Law.” sometimes confounding, figure, tions, Bush has been doing pro bono scott zesch’s book “The Chi- illuminating Fuller’s intimate con- work for the Legal Aid of Louisville natown War: Chinese Los Angeles nections, her fierce intelligence and Domestic Violence Advocacy Project and the Massacre of 1871” will be ambition, and her place at the heart since 2010. She and her husband, published by Oxford University of American thought and letters in john bush ’89, have three boys, ages Press in July. It’s the account of the the 19th century. 14, 16 and 19. small-scale turf war among Chinese California Insurance Commis- gangs that exploded into a riot in Los 1987 michael m. dubose received sioner dave jones was named one Angeles, and the ensuing violence by the Henry E. Petersen Memorial of California’s Top 100 Lawyers by white residents that resulted in the Award in December, recognizing a the state’s Daily Journal. Jones was lynching of 18 people. “lasting contribution to the Crimi- selected based on the strength of his nal Division [of the Department of efforts to protect consumers through 1989 jonathan r. alger was se- Justice]” and exceptional “character, new regulations, enforcement ac- lected to become the sixth president diligence, courage, professionalism tions and civil lawsuits initiated of James Madison University in Har- and talent.” DuBose served in the since he was sworn into office as the risonburg, Va., effective July 1. He division for 11 years, most recently California state insurance commis- currently serves as senior vice presi- as chief of the Computer Crime and sioner in January 2011. dent and general counsel at Rutgers, Intellectual Property Section. tomas morales, managing part- the State University of New Jersey. sheela murthy ll.m., founder ner at Morales Legal in San Diego, steven e. boyce joined Excelitas

48 harvard law bulletin summer 2012 c lass no tes

Technologies in Waltham, Mass., as elder abuse. He writes that he still representing whistle-blowers and vice president, general counsel and enjoys his “day job” as an IP litiga- governmental entities in high-stakes secretary last September and over- tion partner with Knobbe Martens False Claims Act litigation and had sees all legal matters relating to the in Irvine. successfully tried such cases to ver- company. Excelitas is a global pro- laura handley became senior dict. vider of customized optoelectronics. counsel in McKool Smith’s New York rebecca rosenberg joined PwC Boyce previously served as senior City office in January. She focuses on US as a principal in its international corporate counsel for the Mobility patent litigation involving a broad tax services practice, based in Wash- Internet Technology Group within range of technologies. ington, D.C., in November. She is also Cisco Systems, where he was the lead jean-marie simon writes: “My a frequent lecturer and writer on for- legal counsel for that business unit. photography career and book on eign tax credit topics and co-teaches kenneth w. vermeulen, a Guatemala’s civil war [‘Guatemala: a class on foreign tax credits at longtime west Michigan real estate Eternal Spring, Eternal Tyranny’ Georgetown University Law Center. and environmental attorney, joined (1988)] were on the front page of Before joining PwC, Rosenberg was Barnes & Thornburg’s Grand Rapids the World section of The New York a member of the law firm of Caplin & office in January as a member of the Times on Feb. 3 and featured in the Drysdale, Chartered. firm’s real estate and environmental LensBlog section of the online edi- margaret d. stock is author of law departments. He was previously tion of the Times: http://lens.blogs. “Immigration Law and the Military” a partner at Warner Norcross & nytimes.com/2012/02/02/a-testa- (American Immigration Lawyers As- Judd, also in Grand Rapids. ment-from-guatemalas-war-years/. sociation publications division). The We also did a successful Kickstarter book is available at www.agora. 1990 carlos chipoco ll.m., a campaign to raise the final funds for ailapubs.org. Stock works for the law former member of the Peruvian the third edition of my book, which is firm of Lane Powell, in the Anchor- Congress, has been appointed as a aimed at reaching Guatemala’s poor age, Alaska, office. principal adviser to its Justice and and its underfunded public schools. Human Rights Commission. In January, the project, Guatemala’s 1993 Late last year samuel r. e. chouteau (merrill) levine Lost Photographs, was named by bagenstos received the Bethesda retired from the Massachusetts Pro- Yahoo as one of Kickstarter’s 10 most Voices Public Policy Award from bate and Family Court after 10 years socially noteworthy projects for 2011. Bethesda Lutheran Communities of service and, with her husband, Our previous Spanish language edi- for “[invigorating] the enforcement William M. Levine, opened Levine tion, which was funded by the Soros of civil rights, particularly those Dispute Resolution Center in Janu- Foundation and sold out in Guatema- associated with promises made to ary to provide ADR services. “This is la, funded this new popular edition.” Americans with disabilities.” Bagen- a natural blending of my professional stos, a professor at the University of skills and my personal conviction 1992 Last fall michelle m. Michigan Law School, took a two- that most family disputes can and arruda, a partner and member of year leave from the school to serve as should be resolved by reasoned ne- the trusts and estates practice group principal deputy assistant attorney gotiation that allows the participants at Devine Millimet in Concord, N.H., general at the U.S. Department of to move on with dignity and self- was elected a fellow by the American Justice, where he directly supervised respect,” she writes. The center has College of Trust and Estate Counsel. the Civil Rights Division’s Appel- offices in Westwood and Northamp- “After 15 years in the nonprofit late, Disability Rights and Special ton, Mass. sector,” julia gordon writes, “I’ve Litigation sections. His accomplish- suzanne wilson joined the Walt gone to the Federal Housing Finance ments during that time included the Disney Co. in Burbank, Calif., as dep- Agency in their Office of Housing promulgation of the 2010 Americans Joined the Walt uty general counsel last August. She and Regulatory Policy, where I head with Disabilities Act regulations and Disney Co. in was previously an intellectual prop- up the single family policy unit. the reinvigoration of the Civil Rights Burbank, Calif. erty litigation partner at Arnold & FHFA regulates and serves as con- Division’s enforcement of a Supreme Porter in Los Angeles. servator to Fannie Mae, Freddie Mac Court decision guaranteeing people and the Federal Home Loan Banks.” with disabilities the right to live and 1991 (robert) david beck has scott mcelhaney, a partner at receive services in the most integrat- been promoted to vice president Jackson Walker in Dallas, has been ed setting appropriate. Bagenstos re- and general counsel at Boston elected first vice president of the turned to the University of Michigan Medical Center. He writes, “[BMC] Dallas Bar Association’s board of in September. is a private, not-for-profit, 508-bed, directors. He was previously second juan andres d. “andy” academic medical center; the largest vice president. As trial and appellate bautista ll.m. writes: “After 13 safety net hospital in New England; counsel for a variety of companies years working (starting as an associ- and the primary teaching affiliate of and individuals, McElhaney works ate all the way to partnership) with Boston University School of Medi- with Jackson Walker clients to re- two international law firms—Al- cine.” solve a range of complex commercial len & Overy and White & Case—in michael friedland was pro- disputes and employment matters. New York, Hong Kong and Manila moted to the rank of reserve sergeant stuart rennert joined McKool and a four-year stint as CEO of the with the Orange County (Calif.) Smith in January and is a qui tam Shangri-La group in the Philippines, Sheriff’s Department, where he is the litigator in its Washington, D.C., of- I heeded the call of public service by founder of the Elder Services Detail, fice. Prior to that, he had focused his joining the administration of Presi- focusing on preventing and detecting practice for more than a decade on dent Benigno S. Aquino as chairman

summer 2012 harvard law bulletin 49 c lass no tes

of the Presidential Commission on where she helped set up the Office of barbara fiacco, a partner in Good Government. I was also recent- the Special Adviser on the Preven- the intellectual property practice at ly elected president of the Harvard tion of Genocide and the mandate on Foleyyg Hoag in Boston, was named to Club of the Philippines, which com- the Responsibility to Protect. Ioanna, a three-year term on the board of di- prises the 800+ strong alumni of the the daughter of Stavropoulou and rectors of the American Intellectual university.” stefan schuppert ll.m., turned 15 Property Law Association last fall. douglas berman, one of the in January. She has a technology-related practice nation’s pre-eminent experts in which focuses on the biomedical criminal sentencing law, has been 1994 jason a. levine has changed field and represents clients in com- named the Robert J. Watkins/Procter law firms and now is a partner in the plex intellectual property and patent & Gamble Professor of Law at the Washington, D.C., office of Vinson & litigation matters. Ohio State University Moritz College Elkins. His nationwide practice fo- suzanne nossel, a human of Law, where he has been a full pro- cuses on complex business litigation rights lawyer and activist, became fessor since 2004. Berman is widely at the trial and appellate levels. executive director of Amnesty In- known as the creator and author of conrado tenaglia ll.m. writes: ternational USA in January. Based the authoritative blog Sentencing “After eight great years working in in the organization’s New York City Law and Policy. Madrid with Linklaters, last June office, she is helping shape Amnesty theodora goss, a lecturer in I moved back to New York. In New International’s work in mobilizing literature at Boston University, is the York, I am co-head of the office and the United States on behalf of human author of the romance “The Thorn focus my practice on Latin American rights issues at home and abroad. and the Blossom,” published by corporate finance work. Also, on Nossel previously served as deputy Quirk Books in January. The book Aug. 28, my wife, Juana, delivered a assistant secretary of state for in- has an accordion binding that lets baby boy we named Tancredi Juan, ternational organizations, where The book has readers choose whose side of the a brother to our daughter, Agnese she was responsible for multilateral an accordion story they want to start with each Tomasa. The delivery was most human rights, humanitarian affairs, binding that lets time they read it. eventful as it happened in the midst women’s issues, public diplomacy, readers choose robin junger ll.m. has joined of Tropical Storm Irene hitting the press and congressional relations. whose side of McMillan as a partner in the firm’s East Coast!” stephen f. rosenthal has been the story they Vancouver, British Columbia, named Florida counsel for President want to start Canada, office, where he practices 1995 In March, anthony s. Obama’s re-election campaign. In with. mainly in the areas of environmental, barkow joined the New York City this capacity, he acts as the principal aboriginal and administrative law, office of Jenner & Block as a partner legal representative for the 2012 cam- with an emphasis on major project in the white-collar defense and in- paign in Florida on all matters for development. He writes that he con- vestigations practice. Prior to that, which Obama for America requires tinues to live on a hobby farm in Vic- he established and ran, as executive legal advice, particularly concerning toria with Lyne, their four children director, the Center on the Adminis- election law issues, and he coordi- and “an ever-growing complement of tration of Criminal Law at New York nates any litigation matters that may animal friends.” University School of Law, a nonprofit arise in Florida during the campaign After working several years with organization dedicated to improving and the presidential election. Rosen- the Office of the United Nations High the criminal justice system through thal served as lead counsel in Florida Commissioner for Refugees in Ath- litigation, public policy and media for the Obama-Biden campaign in ens, Geneva, North Africa and Rome, work, and academic scholarship and 2008 and for the Florida Democratic maria stavropoulou ll.m. became research, with a particular focus on Party in the 2010 gubernatorial elec- director of the newly established the exercise of prosecutorial power tion. He is a partner at Podhurst Asylum Service in her native Greece and discretion. Previously, Barkow Orseck in Miami, where he focuses in February. “The mission of this was an assistant U.S. attorney in the his practice primarily on appellate new service is to have all claims for United States Attorney’s Office for and complex trial litigation. international protection examined by the Southern District of New York, karen shimp, senior counsel a civilian authority with professional where he primarily prosecuted secu- at the U.S. Securities and Exchange staff dedicated to the asylum pro- rities fraud and other white-collar of- Commission, received the Washing- cedure, as opposed to having them fenses and national security matters. ton Council of Lawyers’ Outstand- Partner in the processed by the police, which was ing Government Pro Bono Service intellectual property the case for the past 30 years,” she 1996 shauna c. bryce has written Award for 2011 at a reception cel- practice at Foley Hoag writes. “For most of the past 22 years, “How to Get a Legal Job: A Guide for ebrating the council’s 40th anniver- in Boston since I started working for the Greek New Attorneys and Law School Stu- sary in November. “I was especially Refugee Council in 1990, I have dents.” She is the head of Bryce Legal pleased to have my efforts recognized advocated for the establishment of Career Counsel, offering résumé by a group that exists largely to such a service. Despite the financial writing and other career services help ensure access to justice for all crisis in the country, I feel that this for lawyers. In her guide, in addi- in need,” she writes. “My pro bono is a chance of a lifetime to help effect tion to putting general industry best work is in D.C. Superior Court, significant improvements in refugee practices into context based on her litigating contested custody cases protection in Greece and in Europe personal experience in the legal field, (with or without an accompanying more generally.” From mid-2008 to Bryce gives practical advice from divorce).” mid-2010, Stavropoulou worked with practicing attorneys who have been the U.N. Secretariat in New York, on both sides of the interview table. 1997 shannon barrett has been

50 harvard law bulletin summer 2012 PROFILE AN OCEAN APART, TWO ALUMNAE ARE ELECTED MAYORS

Leading My Hometown

OTHER THAN THEIR Harvard Law degrees, Naomi Koshi LL.M. ’09 and Karen Freeman-Wilson ’85 don’t appear to have much in common. They live in opposite parts of the world and are different in professional background, ethnicity and age. And yet they share a certain connection. Both were recently elected the fi rst female mayors of cities that are in the middle of their countries and are sometimes overshadowed by their neighbors. The cities are first in their hearts, however—the places where they grew up and which they want to help grow. Home, for Koshi, is Otsu, Japan. The seeds of her mayoral run were planted when she was in junior high school and her grandmother broke her leg. Her mother was forced to quit her job to take care of her for 10 years, with no support from the Japanese S E government. “I was so frustrated, and I thought, I G have to change this system,” Koshi says, “so this was

Karen Freeman-Wilson ’85 Naomi Koshi LL.M. ’09 ETTY IMA my first motivation.” /G FP More motivation came at Harvard Law School. GEOFF BLACK/JET MAGAZINE A As a student in 2008, she saw many young people in- volved with the Obama campaign and admired their passion to effect “YOU ARE SERVING FOLKS THAT YOU change. She was convinced she could do it, too. After graduating, she first worked for a law fi rm in New York and HAVE KNOWN ALL OF YOUR LIFE.” then served as a visiting fellow at Columbia Business School. Return- ing to Japan last year, she decided to run for mayor in October. Like —KAREN FREEMAN-WILSON Obama, she was criticized for being too young, at 36, and for not having enough experience. “During my campaign, I said, ‘I have new Those kinds of encounters happen to her every day, in a “large vision—I have the point of view of young people,’” says Koshi. city that has a small-town feel,” she says. Gary is perhaps best known In January, she won by a wide margin, becoming mayor of the as the birthplace of Michael Jackson and as a city built by U.S. Steel. capital city of the Shiga Prefecture with a population of 340,000. It has faced its share of troubles in recent times, with a declining Otsu, however, is less well-known than its neighbor Kyoto, home to population, high unemployment and many abandoned buildings. spectacular temples. “Sometimes I think Otsu is like New Jersey,” she When Freeman-Wilson was sworn into offifi ce in January, the Chicago says, noting that it is considered a bedroom community whose resi- Tribune wrote that many observers believe “she and her city are on dents commute elsewhere to work. She would like to attract more borrowed time.” tourists to Otsu, a beautiful city in its own right, she says, which But she says she is determined to bring business back to Gary, boasts the biggest lake in Japan as well as rivers and mountains. pegging economic development to the city’s transportation assets, She is the youngest female mayor in Japan’s history, standing like rail lines, major interstates and an airport that can serve as an as an example of progress in a country that has not traditionally alternative to those in Chicago, which is only about 30 miles away. As elected women to political offifice. As a leader, she will work to ensure someone who served as a judge, Indiana attorney general and CEO that women have more options. In Japan, she says, it is still hard for of the National Association of Drug Court Professionals, she also is women to work after having a child. Someday, that is exactly what intent on lowering the crime rate, working to “create a culture of she would like to do. disapproval” toward lawbreakers who mar the city, she says. Home, for Freeman-Wilson, is Gary, Ind. As mayor of the city, she “Our community is more similar to other communities than not,” recently traveled to a high school to honor students who took part says Freeman-Wilson. “A majority of Gary residents are hard-working, in a “good deeds” campaign. She was greeted by a participant, a man God-fearing people, and they want their children to have better op- she herself went to high school with in Gary in the ’70s. At that mo- portunities than they did.” ment, she wasn’t the mayor. She was just Karen from back in school. They are people like her mother and others of her generation, “It’s a very good feeling, certainly a very humbling experience, but who made it possible for her to become the city’s fi rst female mayor, it also is a reminder that you’re serving folks that you’ve known all she says. She hopes as her 18-year-old daughter grows up—whatever your life,” says Freeman-Wilson. “It’s almost an extra incentive to do she achieves—it will no longer be notable that a woman is in any role well.” she deserves. —lewis rice

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promoted to partner at O’Melveny was a law professor at the Univer- in Los Angeles, where he focuses & Myers. He is a member of the sity of Denver. She currently lives in his corporate finance practice on financial services practice in the Houston. representing borrowers, lenders and Washington, D.C., office, focusing on mario c. fallone has joined private equity sponsors. ERISA-related litigation at both the Harter Secrest & Emery in Rochester, tara uzra dawood, manager of trial and appellate levels for financial N.Y., as counsel and focuses his prac- LADIESFUND, an initiative which institutions and plan sponsor clients. tice on venture capital, private equity strives to provide financial security He joined the firm in 2001. and general corporate matters. to women and promotes and trains The United States Court of Ap- daniel fridman, a litigation women entrepreneurs, gave the peals for the 9th Circuit announced partner in the Miami office of Hol- welcome address at the 2nd LADIES- the appointment of syrena case land & Knight, was appointed by the FUND Entrepreneurship Confer- hargrove, an assistant U.S. at- governor of Florida to serve a four- ence, held in Karachi, Pakistan, in torney for the District of Idaho, as year term on the 11th Circuit Judicial September. Dawood is CEO of Da- an appellate lawyer representative Nominating Commission to make wood Capital Management in Kara- in February. The appointment was recommendations to the governor chi. After the event, she wrote: “It is made by Chief Judge Alex Kozinski for judicial appointments to the state heartwarming to see that women of and is effective through 2014. An courts. A former assistant U.S. at- today are leaders and innovators and assistant U.S. attorney since 2008, torney in Miami, he practices in the younger generations are excited to Hargrove works in Boise as chief of areas of complex business litigation become entrepreneurs. We are con- appellate and civil matters, and she and white-collar criminal defense. tinually delighted by the sheer vol- serves on the Local Rules Committee benjamin gruenstein became a ume of talented, successful women in for the District Court. partner at Cravath, Swaine & Moore our nation as well as their dedication Late last year zach mcgee joined in New York City in January. to their families and work.” Miramax as senior vice president, jeremy levin has been named a valarie hays concentrates on head of business and legal affairs partner at Baker Botts in Washing- general litigation, white-collar crime in Santa Monica, Calif. He also is a ton, D.C. His practice focuses on cor- and corporate compliance, and labor student in the executive M.B.A. pro- porate investigations, white-collar and employment as a new partner at gram at the UCLA Anderson School criminal defense and complex civil Schiff Hardin in Chicago. of Management. McGee lives in Los litigation. Angeles and is married to Carolyn 2001 michael adams has become Cassidy, a television development 2000 jess alderman and her a partner in the government relations Announce the arrival executive. husband, John Druar, announce the practice group at Dinsmore in the of their fi rst child arrival of their first child, Jack Alder- firm’s Washington, D.C., and Louis- 1998 andrea r. bernstein has man Druar, on Nov. 3. ville, Ky., offices. He focuses his prac- joined Fowler White Burnett as a j. philip calabrese has been ap- tice on political, governmental and shareholder in the firm’s Miami pointed chair of the 6th U.S. Circuit constitutional law, with an emphasis and West Palm Beach offices. Her Court of Appeals’ Advisory Com- on counseling and representing can- practice focuses on employment law mittee on Rules. He is a partner at didates, parties, independent groups, counseling and litigation, including Squire Sanders in Cleveland, where political vendors and donors. wage and hour discrimination, and he focuses his practice on complex matthew c. bate was promoted noncompete matters. business litigation, product liability to partner at Akin Gump Strauss zachary g. lehman has been litigation, defense of securities fraud Hauer & Feld in its Geneva office named headmaster of the Hill School and antitrust class actions, toxic tort in January. A member of the firm’s in Pottstown, Pa., effective July 1. He litigation, contract disputes, trade litigation practice, he focuses on in- is currently assistant head of school secret disputes and the defense of ternational arbitration and litigation for advancement at Gould Academy, professional malpractice claims. involving foreign direct investment, a coeducational ninth- through 12th- The Defense Research Institute, major infrastructure projects, joint grade and postgraduate year board- an international bar organization, ventures and cross-border transac- ing school in Bethel, Maine. Lehman awarded chris campbell its 2010 G. tions in the energy, mining, telecom- and his wife, Amy Cassidy Lehman, Duffield Smith Outstanding Publica- munications, technology, financial have three children: Mitchell (13), tion Award for his article “Sacking and transportation sectors. Griffin (11) and Avery (8). the Monday Morning Quarterback: In January, WilmerHale an- Tackling Hindsight Bias in Failure- nounced the promotion of the fol- 1999 wendy (uyen) nicole to-Warn Cases.” The award honors lowing to partner: joshua d. fox, duong ll.m. is author of the novella the best defense-related legal publi- christopher babbitt ’02, sanket “Postcards from Nam” (AmazonEn- cation of the year. Campbell is a part- j. bulsara ’02, gregory h. lantier core, 2011), the third installment in a ner at DLA Piper’s New York City ’03, louis w. tompros ’03 and series of fictional works on the end office, where he represents domestic daniel s. volchok ’03. of the Vietnam War and the experi- and international companies in mass diana song quiroga has been ence of Vietnamese-Americans today. tort litigation and product liability selected as a U.S. magistrate judge for A 2011-2012 Fulbright scholarship matters. He lives in New Canaan, the Southern District of Texas for the recipient, Duong herself came to the Conn., with his wife, Tammy, and Laredo Division. Several HLS friends U.S. from Vietnam when she was 16. their 2-year-old son, Liam. attended her investiture ceremony on She served as an associate municipal andrew cheng has become Jan. 27: jean yang haisch, virginia judge and magistrate in Texas and partner at Gibson, Dunn & Crutcher harper ho, jordan konig, eliza-

52 harvard law bulletin summer 2012 c lass no tes

beth pipkin and rebecca gelfand patent infringement claim and an a co-chair of the Wireless Commit- ’02. Previously, Quiroga was an as- important appellate victory for Con- tee of the Federal Communications sistant U.S. attorney in the Southern tinental Airlines pilots in an ERISA Bar Association for 2011-2012. Lerner District of Texas for six years and a case. Mitby was named to the 2011 works in the firm’s litigation practice legal aid attorney for two years. Texas “Rising Stars” list published in and is a patent litigator who has rep- lawrence scheer reports that Texas Monthly magazine. resented clients before federal dis- he is the principal of the company brittany prelogar is a member trict courts, the International Trade Magnificent Baby in New York City, of the international department as a Commission and the U.S. Court of whose Smart Close outfits help get new partner at Steptoe & Johnson in Appeals for the Federal Circuit. Smart Close babies dressed in seconds without Washington, D.C., where she focuses O’Melveny & Myers has promot- outfits help get “snaps, buttons, zippers or Velcro.” on internal and government inves- ed kenneth deutsch and andrew babies dressed Last year the outfits, which use mag- tigations, anti-corruption compli- parlen to partner. With the firm in seconds nets, were voted Best New Product in ance counseling and international since 2003, Deutsch practices in the without “snaps, the Apparel category at the New York disputes. entertainment, sports and media buttons, zippers International Gift Fair and won the william reckler has become group in the Century City, Calif., of- or Velcro.” Innovation Award given by the Juve- a litigation partner in the New York fice. He was also named one of “The nile Product Manufacturers City office of Latham & Watkins. He Best and Brightest” in entertainment Association. works in the corporate governance, law by Variety magazine last year. securities litigation and professional Parlen is a member of the restructur- 2002 ana r. bugan has become a liability, and white-collar defense ing practice in O’Melveny & Myers’ partner in the litigation department investigations practices. Los Angeles office. He was also and a member of the white-collar named a Southern California “Rising defense and investigations practice 2003 jeremy r. berry has been Star” in bankruptcy and creditor/ at Jenner & Block in Chicago. She fo- promoted to the partnership at Akin debtor rights in 2011 by Super Law- cuses her practice on assisting clients Gump Strauss Hauer & Feld and is yers. with criminal matters in federal and a member of the firm’s investment estela diaz has been named a state courts, internal investigations, funds practice in the Washington, partner at Akin Gump Strauss Hauer congressional inquiries and corpo- D.C., office. He focuses on private & Feld in New York City. A member rate compliance. Fluent in Spanish, investment funds and complex cor- of the firm’s litigation practice, she she was recently involved in a large- porate transactions, working in par- focuses on commercial litigation and scale Foreign Corrupt Practices Act ticular on private equity and hedge labor and employment matters. She investigation in Venezuela conducted fund formation and other alternative also represents individuals and com- entirely in Spanish on behalf of a investment matters. panies in white-collar and internal multinational client. susan chen married Brian investigations. In January adam haubenreich Walters (University of Texas ’94) on kathy gainey and michael t. became partner at Baker Botts, June 4, 2011, at the Wild Onion Ranch gershberg have been named of where he works in the corporate in Austin, Texas, where they now counsel at Steptoe & Johnson in practice in Washington, D.C. live. Chen writes: “We were blessed Washington, D.C. A member of the craig jones ll.m. writes that he to share the celebration with many litigation department, Gainey repre- has been granted the honorary title friends and classmates, and enjjyoyed sents clients in matters in state and of Queen’s Counsel “to recognize a honeymoon trip to Costa Rica, Ma- federal courts and before federal exceptional merit and contribution to chu Picchu and Cartagena.g We would agencies and arbitration panels. the legal profession.” He is the super- love to see any classmates who hap- Gershberg is a member of the firm’s vising counsel of the constitutional pen to come through town for ACL, international department and pri- and administrative law group at the SXSW or a UT football game!” Chen marily focuses on international trade British Columbia Ministry of Attor- is senior director of the University of issues in the areas of trade remedies ney General in Victoria. Texas Investment Management Co., and trade policy. Gibson, Dunn & Crutcher named and Walters works for AMD. matthew hoffman is a member brian m. lutz and jason j. mendro brett dakin writes that he is of the litigation department as a new partners in January. Lutz practices now the assistant general counsel at partner at Gibson, Dunn & Crutcher commercial litigation, with an em- the Rainforest Alliance, a New York in Los Angeles. He handles civil trial phasis on securities litigation and City-based NGO that “works around work in the areas of products liabil- corporate control contests, in the the world to conserve biodiversity ity, product recall and mass tort liti- firm’s New York City office. Mendro and ensure sustainable livelihoods gation; insurance and reinsurance; is a corporate and commercial litiga- by transforming land-use practices, and legal malpractice defense. Machu Picchu, Peru tor in Washington, D.C. business practices and consumer crystal mckellar, an associate steven mitby, an intellectual behavior.” at Morrison & Foerster in San Diego, property and complex commercial matthew delnero and was named one of San Diego Metro litigation attorney, has been named jeffr ey lerner have been promot- magazine’s “40 Under 40” for 2011. a partner at Ahmad, Zavitsanos, ed to partner at Covington & Burling armando rosquete is an as- Anaipakos, Alavi & Mensing in in Washington, D.C. DelNero focuses sistant U.S. attorney in the U.S. Houston. He represents both plain- on telecommunications, technology, Attorney’s Office for the Southern tiffs and defendants in a wide variety and media law and policy in the com- District of Florida, which he joined of complex litigation matters, and munications and media/intellectual in 2006. He has prosecuted cases in last year he helped win a $392 million property practice. He has served as the Major Crimes Section and the

summer 2012 harvard law bulletin 53 c lass no tes

Narcotics Section, and in 2010 he the Sixth Amendment right to an insurance litigation and counseling joined the Economic Crimes Sec- impartial jury. Amunson also was and reinsurance practices. He is tion, where he was assigned to the recently featured in a video lecture a co-chair of the Young Lawyers Department of Justice’s Mortgage series for state court judges that is Subcommittee of the Insurance Strikeforce initiative. During his six titled “Redistricting Litigation: What Coverage Litigation Committee years in the office, Rosquete has had Every Judge Needs to Know.” of the litigation section of the 15 jury trials and two appellate argu- christopher c. chiou has ABA. Segal has been a member of ments before the 11th Circuit. Earlier become a partner in the litigation firm teams handling significant in his career, he was a clerk on the department and the complex com- appellate matters relating to Florida Supreme Court and worked mercial litigation practice at Jenner & government contracts law, patent at Hogan & Hartson for two years. Block in Los Angeles. He focuses on law, telecommunications law and Rosquete also announces the Dec. 27, representing clients in complex com- environmental law, and at the trial 2011, birth of his and Michelle’s first mercial disputes arising from breach level. He has been a core member of child, Andres Armando. He writes, of contract, fraud and tort issues. In litigation teams in matters ranging “The proud father is currently expe- 2010, Chiou was named a Southern from accounting malpractice to riencing sleep deprivation that far California Super Lawyers “Rising hospitality. Segal maintains an surpasses the sleep deprivation from Star.” active pro bono practice and has his HLS days.” mark w. delaquil is a member represented clients in areas william schwab was elected to of the litigation group as a new part- such as disability rights and civil Cape Town, counsel, effective Jan. 1, in the Boston ner at Baker & Hostetler. He works liberties. South Africa office of Latham & Watkins, where, in the Washington, D.C., office and israel silvas has been pro- as a member of the private equity focuses on regulatory, appellate and moted to senior attorney at Godwin group, he has a transactional practice commercial litigation, along with Ronquillo in Dallas, where he is a focusing on advising leading private environmental and campaign finance member of the commercial litigation equity funds. He also serves as out- compliance. group. side general counsel to a number of lawrence h. heftman became privately held companies. a partner at Schiff Hardin in Chicago 2005 Business trial lawyer jamie kate taylor writes: “I’m movingg in January. He focuses on general alan aycock has joined the Hous- with my husband and two sons from litigation, class-action litigation, and ton-based firm Ahmad, Zavitsanos, San Francisco to Cape Town, South private clients, trusts and estates. Anaipakos, Alavi & Mensing as an Africa, for two yyears. As Visa’s first chanelle (acheson) johnson associate. Previously with Dewey & lawyer in Africa, I’ll be supporting joined Neal & Harwell in Nashville, LeBoeuf, he handles complex com- Visa’s business teams in Central and Tenn., as an associate last fall. Her mercial litigation, including contract Eastern Europe, the Middle East and practice focuses on white-collar disputes, fraud and business torts. Africa.” criminal litigation and civil litigation patrick hagan, an associate marion forsyth werkheiser with emphasis on the False Claims in the Cincinnati office of Vorys, wrote in April, the week of the 100th Act. Sater, Seymour and Pease, has been anniversary of the sinking of the daniel kiel, a professor at the named an Ohio Business Litigation Titanic: “Two years ago I started a University of Memphis School of “Rising Star” by Super Lawyers firm with two other partners focused Law, was recently appointed to a magazine. His practice includes on cultural heritage law (www.cul- Transition Planning Commission complex civil litigation and corporate turalheritagepartners.com). We are charged with the merger of urban investigations, and he has particular the only firm of our kind, and we and suburban school districts in experience representing clients in represent clients who work in the Memphis. His documentary film all phases of cases under the False historic preservation and cultural re- “The Memphis 13” chronicles the Claims Act, including cases involv- source fields. This spring we’ve been experience of the 13 first-graders who ing contracts with the Department of working with our client the Society desegregated the Memphis schools Energy and Department of Defense “This spring for Historical Archaeology to protect in 1961. It premiered at the National and cases involving alleged Medicare we’ve been the Titanic shipwreck site through Civil Rights Museum on the 50th and Medicaid fraud. working with legislation recently introduced by anniversary of that desegregation. our client Sen. John Kerry and through interna- patrick t. lewis and david f. 2006 james goodnow has be- the Society tional legal means.” proaño, members of the litigation come a partner at Fennemore Craig for Historical group at Baker Hostetler in Cleve- in Phoenix, “one of the oldest law Archaeology 2004 jessica ring amunson land, have become partners at the firms in the Southwest that has near- to protect has been elected to a partnership firm. Lewis concentrates his practice ly 200 lawyers,” he writes. the Titanic at Jenner & Block. She works in in complex commercial litigation, mandisa “mandy” price, an shipwreck site.” the litigation department and is class-action defense, and banking associate in the Dallas office of a member of the appellate and litigation, and Proaño focuses on the Weil, Gotshal & Manges, has been Supreme Court practice and the areas of business and complex com- appointed to the board of trustees election law and redistricting mercial litigation. for the ChildCareGroup, a nonprofit practice in the firm’s Washington, brian s. scarbrough and organization that promotes, delivers D.C., office. She has recently argued joshua m. segal have become and expands quality early care and appeals in cases involving statutory partners in the litigation department education programs for children ages interpretation of the Foreign at Jenner & Block in Washington, 0 to 5 in Dallas County. An associate Sovereign Immunities Act and D.C. Scarbrough is a member of the at Weil since 2006, she is a member

54 harvard law bulletin summer 2012 PROFILE FASIL AMDETSION ’07 PUTS LAW FIRM PRACTICE ON HOLD TO GRAPPLE WITH A REGION’S ISSUES

Giving Counsel to Ethiopia

FASIL AMDETSION ’07 has been writing about relations between Ethiopia and surrounding states since he was a student at Harvard Law School. Not long after he became an associate at Wachtell, Lip- ton, Rosen & Katz in New York, his articles had earned him recogni- tion from The Huffifi ngton Post as a “global thought leader.” But since last fall, he’s gone from writing about Ethiopia to work- ing for its government. In September, Fasil began serving in the Ethiopian Ministry of Foreign Affairs in Addis Ababa, where he is now senior policy and in- ternational legal adviser. His job includes everything from policy and international legal matters, to speechwriting, to providing advice on reforming the internal workings of the ministry. “There are a growing number of young Ethiopians, some of them friends, who have returned from abroad to take advantage of oppor- tunities, particularly in the burgeoning private sector,” he says. “That makes my choice just a little less unorthodox.” The child of Ethiopian parents who left the country in the ’70s, Fasil was born in the U.S. but raised in Italy, where his father worked for the U.N. He fi rst went to Ethiopia in 2003 on a postgraduate fellowship from Yale, working at the United Nations Development Programme and then interning at the Ministry of Foreign Affairs. He says that after graduating from law school, he hadn’t necessar- ily planned to work in government again, but the timing for a return to the country seemed ideal. There are challenges facing Ethiopia in the foreign relations realm, he says—“the natural outcome of living in a tumultuous neighborhood.” He cites the “continuing stalemate” between Ethio- pia and Eritrea following the conclusion of a border war and the “diffifi cult situation” in Somalia, where African Union troops are trying to support a transitional federal government to defeat Al Qaeda-affifil- iated Al Shabab. He also notes the ongoing hostilities between Sudan HE CITES CHALLENGES IN THE FOREIGN and South Sudan. Ethiopia is regarded favorably by both states, he says, and “is the only country they both trusted to do the peacekeep- RELATIONS REALM: “THE NATURAL OUTCOME OF ing in the contested Abyei region.” “The allure of grappling with these issues, and the opportunity to LIVING IN A TUMULTUOUS NEIGHBORHOOD.” hopefully make a positive contribution, was irresistible,” he adds. Committed to a two-year stint, so far he’s assisted with a new Fasil continues to write and publish, including on the topic of treaty-making provision as well as a bill that would lead to the devel- transboundary water resource disputes, focusing on the use of the opment of the fi rst career foreign service in the country. In April, he Nile, the topic of his 3L paper at HLS. (His next article will appear in served as the focal person within the ministry helping to facilitate Johns Hopkins’ SAIS Review of International Affairs.) the fi rst Tana High-Level Forum on Security in Africa, which brought “Ethiopia and other upper riparian states contribute all of the together in an informal setting African heads of state as well as water,” he says, “but because of the geopolitics of the region and representatives of civil society, business and academia, with the aim unfair colonial legacies, Egypt and Sudan, which contribute none of of inflfl uencing policymaking. He will also be a member of Ethiopia’s the water, have been the sole benefificiaries.” However, he points out delegation to the upcoming Non-Aligned Movement summit in Sharm that in recent years “upstream countries have become determined el-Sheikh. to harness the river’s potential—particularly Ethiopia, which has When asked about criticisms of Ethiopia’s domestic politics, Fasil embarked on construction of a $4.8 billion dam (the biggest hydro- says that the reality is complex and reflflects the diffifi culty of operat- electric dam in Africa) along the Nile.” ing in a developing country: “Just as there remains plenty of work “It’s a tremendously signififi cant issue,” he says, “in a part of the to be done to catapult Ethiopia into the ranks of more economically world where people are dependent on agriculture, and where water developed states, there is much to do in the political and judicial used for irrigation and hydroelectric power can have a transforma- spheres in terms of good governance and judicial institutions.” tive effect on people’s lives.” —mary tamer

summer 2012 harvard law bulletin 55 c lass no tes

of the firm’s global corporate depart- Manges in Silicon Valley, Calif. ment, and her practice focuses on 2008 brennan quinn and candice carson has become a complex corporate and transactional rochelle lee woods have become business finance and restructuring matters. Price is also president-elect associates of Farella Braun + Martel associate at Weil, Gotshal & Manges of the J.L. Turner Legal Associa- in San Francisco. Quinn is part of the in Dallas. tion, the African-American bar as- environmental law department. She kyle dandelet was recognized sociation in Dallas, and she plays an joined the firm from Willkie Farr & by Sanctuary for Families at its No- integral part in JLTLA’s Street Law Gallagher’s Washington, D.C., office. vember benefit for going “above and program, which provides practical Woods joined the intellectual proper- beyond” by “providing outstanding legal education to young people. ty and technology group and is an IP pro bono representation and advo- litigator with a focus on patent and cacy to victims of domestic violence 2007 rebecca richman cohen, trademark infringement matters. She and related forms of gender vio- Emmy Award-nominated filmmaker, was previously at Kirkland & Ellis in lence.” He is an associate at Cleary is director of the new documentary New York City. Gottlieb Steen & Hamilton in New “Code of the West.” The film follows jonathan sar has joined Pol- York City. the 2011 Montana State Legislature sinelli Shughart in Denver as an mehran ebadolahi, who as it debates the fate of medical associate. He practices corporate helped launch BarMax, a bar exam marijuana. For more information, law, assisting his clients with their prep app, while at HLS, writes: “As go to www.codeofthewestfilm.com. business transactions and general BarMax continues to expand, I am Cohen was a lecturer at HLS this corporate matters, including mergers actively seeking HLS alumni who year. and acquisitions, corporate finance are law professors to join our team kimathi kuenyehia sr. ll.m., and corporate advisory work. as lecturers. We have already added managing partner at Kimathi & Part- In early March, a. edsel tupaz howard bromberg ’83, gregory ners, Corporate Attorneys in Ghana, ll.m., owner of Tupaz & Associates keating ’85, gregory maggs ’88, was honored by the Switzerland- Law in Makati City, Philippines, ken agran ’95, rachel arnow- based World Economic Forum as a wrote: “I have been appointed by the richman ’95, michael dorff ’96, 2012 Young Global Leader. The honor House prosecution panel (House of danielle hart ll.m. ’98, jessie is bestowed each year by the WEF Representatives, Philippines) as a hill ’99, martin pritikin ’00 and © be part of the on leaders in various fields below prívate prosecutor of Article VII of david fagundes ’01. If you are in- picture. send us the age of 40 from around the world. the Articles of Impeachment now terested in helping us democratize your news! Kuenyehia was chosen by a selection pending against the Philippine chief bar exam prep, please email me at committee, chaired by Her Majesty justice. I was formally appointed [email protected]!” Taught law Queen Rania Al Abdullah of Jordan, on Feb. 14, but I’ve been behind the paulo penteado de faria e in Turkestan? out of a pool of more than 5,000 scenes since the House vote (mid- silva neto ll.m. joined Veirano Expanded your nominations. December). I’ve written a number Advogados’ tax, customs and family? Segued jane shen and amy weiner of articles on JURIST about it. We international transactions practice into a new career? were honored by Sanctuary for are currently at the trial stage at the in São Paulo, Brazil, after leaving Send your updates Families, a nonprofit agency dedi- Senate, and we have just rested our Skadden, Arps, Slate, Meagher & to bulletin@law. cated to serving domestic violence case.” Flom. harvard.edu victims and their families, at its In Paris, anne rivière ll.m. “Above & Beyond” benefit in New 2009 arvin i. abraham, an returned to her associate position at York City in November. Shen is an associate at the London office of Cleary Gottlieb Steen & Hamilton in associate at Cleary Gottlieb Steen Sullivan & Cromwell, is author of May after working for the re-election & Hamilton in New York City and a law review article written with campaign of President Nicolas Sar- received an award for excellence in lynn lopucki ll.m. ’70, who was kozy for three months. Among other pro bono advocacy “for her willing- his secured transactions professor responsibilities, she was in charge ness to embrace highly complex at HLS, and bernd delahaye ll.m. of campaigning to the French com- asylum and trafficking matters and ’11, a colleague from Sullivan & munity living abroad, who voted for for securing safety and independence Cromwell. Abraham writes: “The Sarkozy at 53 percent on May 6. for her clients.” Weiner, an associate article—a comparison of U.S. and pablo svirsky has joined Baker at Kramer Levin Naftalis & Fran- U.K. secured transactions and & Daniels in Indianapolis as an as- kel in New York City, was part of a bankruptcy law—is being published sociate and focuses on corporate law team that helped a South American in the Notre Dame Law Review this for companies in the life sciences refugee with her petitions before October.” industry. He is originally from India- immigration and family courts and lauren reeder has joined Ah- napolis. U.S. Citizenship and Immigration mad, Zavitsanos, Anaipakos, Alavi & Services, and her testimony before Mensing in Houston as an associate 2011 lauren e. foshee joined the a grand jury. The team received the and focuses on complex commercial Birmingham office of Burr & Forman 2011 Sanctuary Award for Excellence litigation and arbitration matters. in November. She practices in the in Pro Bono Advocacy, and Weiner She was previously with Dewey & firm’s business section, focusing on in particular was recognized for “her LeBoeuf. corporate and tax law. unflinching belief in her client and Late last year noah p. hood ardent advocacy on her behalf in 2010 evan budaj and michele became an associate in the litigation multiple complex immigration mat- gauger are associates in the liti- and trial group at Miller Canfield in ters.” gation practice at Weil, Gotshal & Detroit.

56 harvard law bulletin summer 2012 HLS AUTHORS SELECTED ALUMNI BOOKS

“Living Originalism,” by jack m. balkin ’81 (Belknap). can even work for an introverted lawyer seeking to represent clients Rejecting the long-running debate pitting originalism against living forcefully and negotiate on their behalf, as she experienced firsthand. constitutionalism, Balkin proposes a new constitutional theory called framework originalism, which regards the Constitution as an “initial framework for governance that sets politics in motion.” “Configuring the Networked Self: Law, Code, and The constitutional law professor at Yale Law School distinguishes the Play of Everyday Practice,” by julie e. cohen ’91 (Yale). between text creating unambiguous rules that should be followed, The growth of networked information and communications and language that is ambiguous, which requires looking to the technologies over the past 20 years has spurred efforts to control the principles behind the text to help us understand how to apply economic opportunities and threats they have created, according it. “Fidelity to the Constitution means applying its text and its to Cohen, a Georgetown University Law Center professor who principles to our present circumstances, and making use of the teaches intellectual property law and privacy law. She critiques entire tradition of opinions and precedents that have sought to the rules governing the flow of information, contending that they vindicate and implement the Constitution,” he writes. restrict cultural and technical information too much and personal information not at all. Instead, she argues that “the production of the networked information society should proceed in ways that promote “Rush: Why You Need and Love the Rat Race,” by todd the well-being of the situated, embodied beings who inhabit it.” g. buchholz ’86 (Hudson Street). As a former White House director of economic policy and managing director of a hedge fund, Buchholz has lived life in the fast lane. That is the best place to be, he explains “Henry Friendly, Greatest Judge of His Era,” by david in a book that celebrates competition and contends that “necessity is m. dorsen ’59 (Harvard). In the first comprehensive biography the mother of happiness.” Even stress and, as he puts it, chasing our of Friendly ’27, who served on the Court of Appeals for the 2nd own tail are good for us. Delving into history, evolutionary biology, Circuit from 1959 to 1986, Dorsen examines the life, legacy and and neuroeconomics, the author points to the importance of hard influential decisions of a judge with “a towering reputation.” work, the benefits of being a “control freak,” and why everyone Marked by thorough research, the book is grounded in more than should put off retirement.“We should set ambitious goals,” he 250 interviews, including with all of Friendly’s law clerks (among advises, “not settle for a Zen-like sense of calm.” them, Chief Justice John Roberts ’79), as well as analysis of his opinions arranged by subject matter. The author presents a portrait of a brilliant and pragmatic judge who “seemed to know what was “Quiet: The Power of Introverts in a World That Can’t required to make the law better.” Stop Talking,” by susan cain ’93 (Crown). Cain has written a manifesto for a large but often marginalized subset of the population: introverts. Though numbering about one out of every three people, “Good Counsel: Meeting the Legal Needs of they nevertheless frequently remain closeted in a society that idealiz- Nonprofits,” by lesley rosenthal ’89 (Wiley). A guide for the most es the “oppressive standard” of extroversion, she writes. In the book, common legal, governance and fundraising compliance issues facing she examines how this extrovert ideal developed, the biological dif- nonprofits. Rosenthal, who is general counsel of Lincoln Center for ferences between introverts and extroverts, the cultural component the Performing Arts, offers practical tools including focus questions, of the different personality types, and offers a practical guide to help practice pointers, case studies and sample documents, along with a introverts navigate a world not often friendly to them. These tips dose of humor and storytelling.

Illustration by ellen weinstein summer 2012 harvard law bulletin 57 TRIBUTE CHARLES M. HAAR: 1920-2012

A Pioneer Who Explored New Lands in the Law

PROFESSOR EMERITUS called Haar “an enormously In the late 1960s, Haar helped vironmental case, City of Quincy CHARLES M. Haar ’48, a pioneer inflfl uential scholar in land-use draft important legislation, v. Massachusetts District Com- in land-use law whose scholar- and urban development law” including Title IV of the Housing mission, which eventually led to ship focused on laws and institu- and noted that, “increasingly and Urban Development Act the creation of the Massachu- tions of city planning, urban over his career, his scholarship of 1968 (New Communities), setts Water Resources Authority development and environmental was incomplete if it did not inflflu- and the Section 236 Affordable and the successful cleanup of issues, died Jan. 10, 2012. He was ence public policymakers, and Housing Guarantee Program. He Boston Harbor. 91. his teaching was incomplete if also worked on the creation of After taking emeritus status During his more than five- it failed to incorporate the reali- the Federal National Mortgage at HLS in 1991, Haar taught at decade career, Haar inflfluenced ties of making public policy.” Association in 1968. the University of Miami Law urban policy and planning Early in his career, Haar A prolifific author, he wrote School, where he was instrumen- throughout the country, drafted served as an adviser on urban many legal briefs and books, tal in the creation of a gradu- key legislation for inner-city revi- policy during John F. Kennedy’s including “Land Planning Law in ate program in real property talization, developed inflfluential presidential campaign. He went a Free Society” (1950), “Land and development. legal theories to support equal- on to serve on several important the Law” (1964), “Property and In a festschrift published in ity of services for urban dwellers presidential commissions during Law” with Lance M. Liebman ’67 1996, then Columbia Law School and access to suburbs, contrib- the Johnson and Carter adminis- (1977), “Cities, Law, and Social Dean Lance M. Liebman and uted to the creation of the mod- trations. Policy” (1984), “Landmark Justice: then University of Richmond ern environmental movement, In 1964, he served as chair of The Inflfl uence of William J. Professor Michael Allan Wolf de- and mentored a generation of Johnson’s newly formed Nation- Brennan on America’s Communi- scribed Haar as “one of our great scholars and activists. al Task Force on the Preserva- ties” with Jerold S. Kayden ’79 scholar-entrepreneurs.” They “Charles Haar was a genuine tion of Natural Beauty. The task (1989), “Zoning and the American wrote, “During five decades, the pioneer who created new ways force’s report—which discussed Dream” with Kayden (1989) and professional work of Charles of making scholarship relevant cleaning up waterways, access the award-winning “Suburbs Haar has investigated the ways to the improvement of the hu- to seashores, improving the under Siege” (1996). in which the words formally man condition through the im- availability and design of public In “Mastering Boston Harbor: uttered by judges, legislators, provement of the environment,” transit, and cities as a new focus Courts, Dolphins, and Imperiled and regulators shape and affect observed Harvard Law School for the Department of the Inte- Waters” (2005), he chronicled his the lives, fortunes, and minds of Dean Martha Minow. rior—was described by Haar in a involvement in a major 1982 en- Americans.” Born in Antwerp, Belgium, 1998 interview as “a forerunner Haar came to the United States for the environmental move- with his parents when he was 6 ment.” He was also an organizer Charles Haar months old. Raised in New York of the fi rst White House confer- City, he earned an A.B. from New ence on the environment. York University and an M.A. in A noted expert on inner- economics from the University city revitalization, Haar was of Wisconsin. Before attend- appointed by President Johnson ing HLS, he served in the U.S. to chair a commission on the Navy during World War II, in the formation and organization Pacififi c as a Japanese language of a housing department. He specialist in naval intelligence, also served on a task force for, assigned to the headquarters and was a primary architect of Gen. Douglas MacArthur in of, the Model Cities Program, Brisbane, Australia, and New an initiative developed by the Guinea. Johnson administration as a Haar joined the Harvard Law response to the urban riots School faculty as an assistant of the mid-1960s. He went on professor in 1952. He was named to serve as the fi rst assistant a professor three years later. secretary for metropolitan Jerold S. Kayden ’79, profes- development in the newly sor at the Harvard Univer- formed Department of Housing . COHEN 197O sity Graduate School of Design, and Urban Development. J

58 harvard law bulletin summer 2012 OBITUARY INFORMATION IN MEMORIAM Notices may be sent to Harvard Law Bulletin, 125 Mount Auburn St., Cambridge, MA 02138 or to [email protected]

Omer L. Griffin ’48 Albert L. Cohn ’51 Loretta W. Holway ’56 Stephen A. Ellis ’64 1930-1939 Feb. 27, 2012 Dec. 27, 2011 Oct. 29, 2011 Nov. 5, 2011 Leonard Zalkin ’35 Milton P. Kayle ’48 George F. Crawford ’51 Charles J. Johnson ’56 Barry S. Augenbraun ’65 Jan. 25, 2012 Feb. 19, 2012 Sept. 17, 2011 Feb. 2, 2012 Sept. 20, 2011 Perkins Bass ’38 Richard H. Kuh ’48 Robert J. Hallisey ’51 Leonard F. Joy ’56 Joseph Farrell ’65 Oct. 25, 2011 Nov. 17, 2011 Jan. 30, 2012 March 11, 2012 Dec. 7, 2011 Albert W. Dickinson ’38 John P. Macmeeken ’48 Richard G. Huber LL.M. William Harmon Leete Irving C. Marcus ’65 Sept. 7, 2011 Oct. 10, 2011 ’51 ’56 Nov. 14, 2011 Stanley F. Reed Jr. ’38 William E. Moore ’48 Dec. 10, 2011 March 26, 2012 Steven J. Olson ’65 Jan. 10, 2012 Feb. 1, 2012 Leon Rock ’51 Keith B. Schofield ’56 Nov. 10, 2011 John F. Floberg ’39 Carl Morgenstern ’48 Dec. 30, 2011 Nov. 2, 2011 Philip N. Sobel ’65 Aug. 29, 2011 Feb. 19, 2012 William A. Silk ’51 William B. Hoff Jr. ’57 Feb. 21, 2012 Charles W. Leinbach ’39 Floyd K. Murr ’48 Oct. 15, 2011 Nov. 28, 2011 Alexandra de Ghizé Jan. 20, 2012 Sept. 23, 2011 Hasan S. Zakariya LL.M. Raymond F. Zvetina ’57 Dawson ’66 C. Gorham “Doc” Phillips ’51 S.J.D. ’54 Feb. 8, 2012 Dec. 30, 2011 1940-1949 ’48 Jan. 21, 2012 Wallace Becker LL.M. ’58 Lawrence G. Golde ’66 Ira D. Dorian ’40 Dec. 8, 2011 John B. Barnes ’52 Sept. 26, 2011 Nov. 25, 2011 Dec. 31, 2011 Bruce P. Ryder ’48 Sept. 6, 2010 Stephen Benjamin ’58 Jerry F. Fenton ’67 Paul P. Lipton LL.M. ’40 Aug. 24, 2010 Peter A. Bauer ’52 April 2, 2011 Nov. 17, 2011 Jan. 17, 2012 Irwin Schneiderman ’48 Dec. 19, 2011 William Francis Looney Paul T. Schonberger ’67 Fred G. Coombs ’41 Nov. 16, 2011 Jules Chasnoff ’52 Jr. ’58 Aug. 26, 2011 Feb. 4, 2012 Herbert W. Vaughan ’48 Aug. 10, 2011 Nov. 4, 2011 Jon M. Van Dyke ’67 John R. Maguire ’41 Nov. 21, 2011 Earl F. “Duke” Colborn W. Nolan Murrah Jr. ’58 Nov. 29, 2011 Jr. ’52 Jan. 6, 2010 John M. Ferry ’49 Jan. 9, 2012 Reginald Earl Gilliam Nov. 3, 2011 William I. Randall ’41 Nov. 24, 2011 Robert A. Woods ’58 Jr. ’68 Robert Cross Hawley ’49 George T. “Ted” Finnegan Dec. 22, 2011 March 28, 2012 March 4, 2012 ’52 Oct. 7, 2011 Christopher T. Del Sesto Paul H. Johnson III ’69 William E. Veague ’41 Jan. 2, 2012 Francis J. Kelley ’49 ’59 Feb. 3, 2012 Dec. 28, 2011 Gerald Gillerman ’52 Jan. 11, 2012 Jan. 10, 2012 Roy T. Clark ’42 Nov. 15, 2011 Serge R. Lazareff LL.M. Peter C. Dorsey ’59 1970-1979 Dec. 2, 2011 Harry Gin ’52 ’49 Jan. 20, 2011 Dwight H. Ellis III ’72 Howard “Tim” Hays Jr. ’42 Nov. 2, 2011 Jan. 21, 2012 Gerrit Gillis ’59 Sept. 24, 2011 Oct. 14, 2011 Irving Jacobson ’52 Wayne J. Roper ’49 March 22, 2011 Michael A. Austin ’73 Joseph M. Kerrigan ’42 July 3, 2010 March 4, 2012 Loren B. Miller ’59 Dec. 7, 2011 Nov. 27, 2011 Glendon E. Johnson ’52 Jerome S. Rubin ’49 June 30, 2011 Eric W. Wodlinger ’73 Ellis Schein ’42 Oct. 9, 2011 Jan. 9, 2012 Oct. 10, 2011 Jan. 19, 2012 Leland H. Cope ’53 Eugene C. Struckhoff ’49 1960-1969 Lowell L. Richards III ’75 Lee H. Bloom ’43 Feb. 8, 2012 Dec. 12, 2011 Dec. 9, 2011 Rodney J. Blackman ’60 Feb. 5, 2012 Christ T. Troupis ’49 Charles L. “Larry” Aug. 3, 2011 George H. Fraser ’43 Stevens Jr. ’53 Gerald T.E. Gonzalez ’76 Dec. 19, 2011 Herbert H. Kaiser Jr. ’60 Nov. 8, 2011 Dec. 15, 2011 Nov. 1, 2011 Oct. 25, 2011 Joseph P. “J.P.” Morray ’43 Charles M. Weeks ’53 John A. Payton ’77 1950-1959 Edward A. Schrag Jr. ’60 Nov. 27, 2011 Jan. 2, 2012 March 22, 2012 Feb. 1, 2012 Louis I. Rose ’43 Morris L. Deutsch ’50 Richard D. Braverman ’54 John Peter Stern ’79 Nov. 14, 2011 Dec. 27, 2011 Robert Charles Silver Jan. 3, 2011 Nov. 16, 2011 ’60 Richard Young ’43 (’47) H. Kenneth Fish ’50 John T. Edmonds ’54 Jan. 15, 2012 Nov. 19, 2011 Jan. 5, 2012 1980-1989 Oct. 13, 2011 Albert M. Wiggins Jr. ’60 George Minkin ’44 (’47) Robert L. Marchman John T. Ferguson ’54 Fred A. Dawkins ’81 III ’50 June 1, 2011 LL.M. ’48 Feb. 6, 2012 Sept. 26, 2011 Oct. 22, 2011 Alvin Ziegler Jr. ’60 Dec. 25, 2011 Robert W. Berry ’55 N. John Thomas ’50 Jan. 13, 2012 Ralph H. Nutter ’44 (’48) Dec. 6, 2011 1990-1999 Sept. 4, 2011 Fred R. Becker ’61 Jan. 28, 2012 Edward J. Coughlin Jr. ’55 Ricki L. Tannen LL.M. ’91 George Ainsworth Jr. ’51 Dec. 7, 2011 Donald Charles Nov. 18, 2011 March 21, 2012 Tiedemann ’44 (’48) Feb. 20, 2012 William H. Burke ’61 Laurence Gray ’55 Vassili Alexanian LL.M. Sept. 15, 2011 Ira Bartfield ’51 Dec. 3, 2011 Jan. 3, 2012 ’95 Thorp L. Wolford ’44 Oct. 11, 2011 F. Conger Fawcett ’62 John M. Reed ’55 Oct. 3, 2011 Feb. 9, 2012 Robert P. Bass Jr. ’51 Feb. 17, 2012 Feb. 4, 2012 Jacob A. Walker Jr. ’45 Nov. 2, 2011 William R. Granik ’62 Seymour Sacks ’55 The online version of In Nov. 24, 2011 Feb. 21, 2012 Dec. 23, 2011 Samuel W. Collins Jr. ’47 Bernard L. Siegel ’63 Memoriam includes links Nathan K. “Nick” Trynin Jan. 17, 2012 March 22, 2012 ’55 to newspaper obituaries. John R. Bailey ’64 Cecil E. Munn Jr. ’47 Nov. 18, 2011 Visit www.law.harvard. Nov. 18, 2011 Dec. 10, 2011 James N. White ’55 edu/news/bulletin/ and L. Chandler Watson Jr. Dec. 27, 2011 LL.M. ’47 click on “In Memoriam.” Marguerite Rae deSmet Oct. 5, 2011 Wiess ’55 Richard S. Barrows ’48 March 17, 2012 Jan. 27, 2012 W. Walter Braham Jr. ’56 George C. Berk ’48 Oct. 9, 2011 Feb. 5, 2012 Lawrence Y. Goldberg ’56 Willis C. Darby Jr. ’48 Jan. 29, 2012 Dec. 21, 2011

summer 2012 harvard law bulletin 59 1 2

SPRING REUNIONS

APRIL IN CAMBRIDGE photographs by martha stewart

1. 1987 classmates Michael Horowitz, Dan Kohn and Ken McVay 2. 1987 classmates Lawrence Otis Graham and Sherry Graffff Schreiber 3. 2007 classmates Swati Lohia LL.M. and Nehali Shah LL.M. 4. 2002 LL.M. classmates Alan Wang, Santiago Boccardo, Richard Ashok Coutinho, Mikko Heinonen, Matteo Gatti, John-Paul Alexandrowicz and Raphael Bera 5. Henri Delwaide LL.M. ’92, Marga Clavell LL.M. ’92 and her son, and Lorena Ferreiro- Vidal LL.M. ’92 6. Pierre-Emmanuel Audit LL.M. ’07 7. 1997 classmates Stephanie Gallagher and Mark Robilotti 8. 2002 classmates 9. 2002 classmates Aaron Thomas, Shannon Manigault and Deidre Downes 10. Chartey Quarcoo ’07 11. 1982 classmates Meredith Kane and Suling Chan Mead LL.M. 3

4 5

60 harvard law bulletin summer 2012 FINDING OLD FRIENDS 6 AND NEW

7 8

9

1100 11

summer 2012 harvard law bulletin 61 HLS CONNECTS

A Resolution for the UN How one human rights attorney found her ROLE IN INTERNATIONAL LAW

By her 2L year, Regina worked for two NGOs Fitzpatrick ’08 was dead providing legal analysis, set on working for the first related to monitoring U.N. on a peacekeeping the referendum process, mission. She’d come to HLS and then, after the vote in with a master’s in human January 2011, focused on the rights after a stint with transition to independence. the International Criminal Fitzpatrick completed Tribunal for Rwanda. The a comprehensive written U.N.’s “legitimacy and access exam and an oral exam and, to hot spots,” she says, made 10 months later, learned Regina Fitzpatrick in Juba, it her goal. that she’d passed the U.N.’s South Sudan, where she is a judicial affairs offi cer at the She is now working in NCRE. U.N. mission Juba, South Sudan, living By then it was summer her dream. 2011 and South Sudan’s Much credit, she says, independence had just develop the legal institutions that is ongoing, she says, as goes to Alexa Shabecoff, become official. Having to end prolonged, arbitrary the region is now engaged head of the HLS Bernard relocated to Juba, the new detention. In South Sudan, in a civilian disarmament Koteen Office of Public country’s capital, Fitzpatrick a large number of detainees campaign and local peace Interest Advising, who in began inquiring whether are held without charges, processes. fall 2010 called her attention there might be a position for on remand pretrial or past By midspring, incidents to the U.N.’s National her in the brand-new U.N. the end of their sentences. of cross-border violence Competitive Recruitment peacekeeping Fitzpatrick has had broken out between Exam. “If you pass it and are mission. It THE U.N.’S been working South Sudan and Sudan placed in a post,” Fitzpatrick turned out the “LEGITIMACY AND with government over oil-rich territory, says, “you get a career lawyer in charge officials, judges and tensions continue to contract, which is a bit like of setting up ACCESS TO HOT and prosecutors escalate. Fitzpatrick says the the Holy Grail within the the rule of law SPOTS” MADE IT as well as police situation makes her office’s U.N. system.” component of HER GOAL. and prison staff work more challenging, but At the time, she was the mission was to assess the its efforts continue. in Sudan as the region also an HLS alum, David problem and work on After almost two years prepared for Marshall LL.M. ’02, whom recommendations for in the region, Fitzpatrick HLS the referendum Fitzpatrick had met during reforms. sometimes considers other CONNECT on southern law school through her work In December and hot spots she could work Sudan’s with OPIA. January, large-scale in, such as Libya and independence, “He was a wonderful intertribal killings took Syria. For her, these places hlsconnect.com which had been advocate,” she says. Within place in South Sudan’s don’t signify danger, but set in motion three weeks she had an offer. Jonglei State. Fitzpatrick the potential to protect by a 2005 peace agreement She is now a judicial has assisted the mission’s human rights and help to stop its civil war (one of affairs officer in the Rule Human Rights Division, countries rebuild—one of Africa’s longest). Thanks of Law and Security interviewing survivors to the best features of a career to an HLS Human Rights Institutions Support Office. investigate the attacks. It’s in the U.N., she says. “I’m Program Satter Fellowship As part of the mission’s part of her office’s efforts excited about all of the (which Shabecoff had also mandate, her office focuses to advise the government possibilities.” alerted her to), Fitzpatrick on helping the new state to on how to respond—work —Emily Newburger

62 harvard law bulletin summer 2012 LETTERS continuedd from page 2

REMEMBERING DERRICK BELL I spent much of that summer deep in strikes and the Vietnam War to Your recent “Tribute” to the the stacks of Widener Library finding distract us. But that summer, when I late Professor Derrick Bell aptly source materials on slavery and racism, spent extensive time with Professor identified him as an “iconoclast” and often returning to his office covered Bell, I was privileged to work at his “community builder.” Professor Bell in dust with the volumes he needed. side each day. I learned about racism was certainly those things, but he was I also remember sharing a table in a which he confronted both personally also much more. corner of Professor Bell’s office, where and as a lawyer, about his litigation I first met Professor Bell in the for months I helped him review, sort at the forefront of the civil rights summer of 1970, right after my first and analyze these materials, while he effort. I began to grasp, for the first year at HLS and right before he became shaped them into what would become time, what it truly meant to have a the first tenured black professor on his casebook. life in the practice of law. I also began the Harvard Law School faculty. It Working at the side of this to appreciate much more fully the was a time of turmoil (both at HLS pioneering and young law professor, importance of the rule of law in the and in the country as a whole) over I learned much about the law and American democratic process and the the Vietnam War, social unrest and benefited from Professors Bell’s critical role of lawyers in protecting rights of strident political disagreement. I had thinking every day. But even more the poor and underrepresented in our the honor of serving as his research importantly, I learned what a warm, society. assistant that summer (and for some caring individual he could be, as he I felt like I had won the lottery, time thereafter), as he was beginning thoughtfully and supportively directed working for Professor Bell that to compile materials on racism, slavery my efforts and graciously made me feel summer. He had a profound influence and the development of civil rights that we were in a collaborative, creative upon me and upon many other law law in the United States, for what effort together. students, at HLS and elsewhere. He ultimately became his casebook, “Race, In those days, it was difficult to get was a passionate advocate for the Racism and American Law,” which as to know our professors. We had very causes he advanced, and we shall miss your “Tribute” notes “became a staple large classes, few opportunities for him. in law schools and is now in its sixth extended interactions with faculty, Robert L. Graham ’72 edition.” and the disruptive impacts of student Chicago

HARVARD LAW SCHOOL ANNUAL FUND LEADERSHIP. IMPACT. INNOVATION.

WHAT DOES YOUR ANNUAL INVESTMENT IN HARVARD LAW SCHOOL MEAN?

Leadership means more clinical opportunities than at any other law school in the world. Impact means 84 percent of HLS students receive need-based fi nancial aid. Innovation means a cutting-edge curriculum featuring the Problem Solving Workshop for 1Ls. AKE YO M U R GIFT B To learn more about the HLS Annual Fund, E F and to make your gift, please visit: O 0 R 3 www.law.harvard.edu/alumni/support/ E JU N E

summer 2012 harvard law bulletin 63 HLSA news

EXIT INTERVIEW Sharon E. Jones ’82, outgoing president of the HLSA, on ways that alumni can get involved, lawyers as networkers, and some of what she’s learned during her two-year tenure

The opportunities for alumni to engage with each other have do it yourself. We can usually build a team around someone who changed dramatically. There are now women’s networks—one wants to lead. in Chicago, one in Washington, D.C., and others are under way. There is now a seniors network. This year, the Recent Graduates At business school, they teach people that networking is im- Council has really taken off, with portant to their near- and long-term success. That wasn’t always

Sharon Jones events in more and more cities. the case at law schools. These days, graduates are beginning to It has given alumni a lot of ways see the importance of networking, which is why we see so much to interact around work issues participation in the Recent Graduates Council groups. We are as well as socially. That’s been all realizing that getting to know each other is really important, huge. Of course, we reach alumni both personally and professionally. And HLS tries to provide op- through social media—Face- portunities in person and through social media. book, Twitter and LinkedIn as well as HLSA.org. The organiza- I had thought that some of the best friends I made from law tion provides a way for people to school, I’d made as a student. What I’ve learned is that some of connect virtually and in person, my best friends I probably made through my work on the HLSA and we need both. and the Executive Committee—working relationships that I value so much. I always ask alumni what we can do at the HLSA to serve you If I had to pick one word to describe the HLSA? Vibrant. better. When people write with an idea, usually I offer the possibility to lead the thing that they are interested in, and usually they step up. Just this month [in Paul L. Perito ’64, chairman, April] Terrence Yang ’91, an alumnus in Southern California who ˚ president and COO of Star Scientific; wanted to start a group in his area, held the first event for the and current first vice-president of the HLSA of Orange County. The HLSA of Arabia, organized by Malik HLSA, will become president at the Dahlan LL.M. ’01, just held its inaugural event in Qatar. So, if end of May. there is something you’d like to see done, reach out and offer to

Sept.28–29, 2012 Save the Date! Cambridge join us for the harvard law school Celebration of Latino Alumni ¸ For more information, email [email protected] or call 617- 384-9523

64 harvard law bulletin summer 2012 hlsa events 125th anniversary celebrations CONNECTIVITY | How to stay in touch with HLS continue HLS CONNECT Share your expertise with students and other grads through the online advising network. You can also take HLS advantage of the online directory and get access to job data- CONNECT bases in the public and private sectors: hlsconnect.com.

CLASS NOTES Submit your news for the Harvard Law Bulletin CLASS to www.bit.ly/sendyournews. NOTES

FACEBOOK Get your news from campus at http://www. facebook.com/harvardlaw and follow HLSA events around the At the HLSA of Arabia inaugural meeting held in world at www.facebook.com/hlsalumni. Doha, Qatar, in April, Professors Charles Ogletree ’78 and David Wilkins ’80 led a dialogue with HLSAA TWITTER Receive HLSA announcements or news of the school President Malik Dahlan LL.M. ’01 on the parallels at http://twitter.com/hlsa or http://twitter.com/Harvard_law between the African-American civil rights movement and 100 years of Arab self-determination. Pictured (from left, back row above) Omran Al-Kuwari of GreenGulf, outgoing HLSA President Sharon Jones, Ben Figgis of Chevron Qatar and Malik Dahlan; (from left, front row) Professors Ogletree and Wilkins

Dean Martha Minow and U.S. Supreme Court Justice Elena Kagan ’86 (from left) participated in a discus- sion sponsored by the HLSA of Washington, D.C., at CALENDAR the National Press Club. The event was attended by more than 325 alumni and friends. June 6, 2012 April 19-21, 2013 hls women’s alliance of chicago spring reunions weekend leadership dinner Classes of 1983, 1988, 1993, 1998, 2003, Kirkland & Ellis, 300 N. LaSalle St., 2008 Chicago Harvard Law School

June 29, 2012 Sept. 26-29, 2013 hlsa recent graduates council celebration 60 presents hls night at the opera: “the In recognition of 60 years of women magic flute” graduates Networking reception prior to the performance on the Drress Cirrcle North Harvard Law School Promenade of the San Francisco Opera Oct. 25-27, 2013 House fall reunions weekend San Francisco Classes of 1953, 1958, 1963, 1968, 1973, 1978 and Emeritus Club Sept. 28-29, 2012 keep up to date with the hlsa celebration of latino alumni Harvard Law School 125th anniversary website. Harvard Law School Oct. 26-28, 2012 Look here to find the latest alumni fall reunions weekend events, special programs and club Classes of 1952, 1957, 1962, 1967, 1972, 1977 l For the latest HLSA events, and Emeritus Club go to: www.hlsa.org information. www.hlsa.org Harvard Law School

summer 2012 harvard law bulletin 65 LEADERSHIP PROFILE A CONVERSATION WITH JODY LaNASA ’94

An eye for undervalued and misunderstood situations

In 2007, Joseph “Jody” LaNasa ’94 launched Serengeti Asset What sets Serengeti apart Why did you name the fi rm Management, an opportunistic hedge fund that focuses on from other investment fi rms? Serengeti? value investments in the debt and equity of public and private One, we have a proven We named the firm after companies. In the nine years prior, LaNasa was at Goldman history of capitalizing on the Serengeti because I love Sachs, where he was elected a managing director in 2002 and a dislocations. Dislocations, leopards. They are beautiful, partner in 2004. There, he headed the Multi-Strategy Investing such as those caused by elegant animals who hunt Business that focused on a broad range of opportunistic and Lehman Brothers’ fi ling by themselves while always fundamental value investments, primarily in equity and debt for bankruptcy in the fall being fearful of other larger, securities, including distressed debt. A member of the Dean’s of 2008, often create great more powerful animals like Advisory Board and a generous supporter of the Environmental investment opportunities. lions and hyenas stealing Law Program at HLS, LaNasa lives in Greenwich, Conn., with his The second point of their kill. This represents wife, Stephanie, and their children, Ajax, 3, and Maxima, 1. diffff erentiation is our how we think about investment team—we have investing: working hard to combine investing with been together investing by ourselves to identify Why did you choose HLS? my HLS and legal training in successfully for a long uniquely interesting I loved that it prepared its restructurings, negotiations time. My business partner investment opportunities students for more than just and good corporate Vivian Lau (Harvard and then seeking to being lawyers and that it governance. At the end of College ’00), who is also capitalize on them before had a proven track record 2002, I took over managing a signifificant supporter of others discover them. of producing some of the a proprietary investment HLS’s Environmental Law world’s most respected business inside of Goldman Program, and who worked What in your education at HLS business leaders. Did you Sachs called Multi-Strategy closely with me at Goldman has been useful to you in this know HLS has produced Investing that became part Sachs, reunited with me new enterprise? more Fortune 500 CEOs of the Special Situations in 2008. And the senior Most important, it taught me than any school except HBS? Group. Over the next four members of our investment how to analyze a situation years, we grew the business team have worked with (originally through the study Describe your trajectory at from $300 million to over us on average seven years. of cases) by fi rst breaking Goldman Sachs. $4 billion of capital while Given our investment focus it into smaller pieces, I started at Goldman Sachs building and developing an on opportunities created by analyzing each piece from all in 1997 as a fi rst-year amazing team of investment complex dislocations and angles to develop an initial associate in distressed professionals with whom signifificantly undervalued, view, building up those bank debt. By the end of I remain great friends and complex or misunderstood points into a thesis, and 2000, I was promoted to partners. situations, our history then continually reassessing head of research and co- of working together and and questioning each part portfolio manager on that Why did you decide to launch investing the same way is leading up to the conclusion desk. During that time, I Serengeti? incredibly valuable. Finally, to make sure it is still got to play a transformative I wanted to build an as a fi rm with $1 billion of correct. role investing in and opportunistic value- assets under management, restructuring the long-term driven investment firm we have the ability to Tell us about your care industry after many that generates attractive apply our skill set and involvement with the HLS of the companies involved returns through a relatively experience to smaller, niche student group focused on law fi led for bankruptcy. I concentrated portfolio of opportunities that are below and business. joined the board of Genesis catalyst-driven debt and the radar screen of our Through the Dean’s Health Ventures when it equity investments that larger competitors and make Advisory Board, I became exited from bankruptcy built on my experiences at them meaningful positions involved with the Harvard with Goldman Sachs as its Goldman Sachs. for our funds. Association for Law and largest post-reorganization Business, a relatively new investor, which allowed me organization that recruits

66 harvard law bulletin summer 2012 J ODY LaNASA at Serengeti Asset Management in New York

a great group of speakers and sponsors an annual symposium focused on cutting-edge issues in the overlap of law and business, such as investing in commercial real estate, pressing issues facing the bankruptcy bar and distressed debt investors, and the challenges of fi nding a solution to America’s residential mortgage crisis.

You and your wife, Stephanie, donate to the Environmental Law Program at HLS. What is it about the program that engenders your support? Jody Freeman, who heads the program, is such an amazing professor and has done so much to advance the study and practice of environmental law. She has built a world-class program including an amazing clinic [the Emmett Environmental Law and Policy Clinic] run by Wendy Jacobs that the students love and adore. And last year, Professor Richard Lazarus, a leading expert in environmental resources law, joined the fac- ulty and the program. The study of environmental law advances two goals that we care deeply about: making sure that our children have a world as beautiful to live in as we do, and ensuring that students are taught how to analyze and understand regulations—an incredibly important skill as govern- ments expand their reach to touch more parts of every- one’s lives. P

Photograph by joshua paul summer 2012 harvard law bulletin 67 GALLERY WORDS OF JUSTICE

The Writing on the Walls

SIR WILLIAM BLACKSTONE It is better that ten guilty persons escape,p HI RADIN JOS than This spring, artists transformed the walls that one outside Milstein East in the Wasserstein Hall, Caspersen Student Center, Clinical Wing innocent Building into a gallery of suffer. quotations about law and blackstone’s commentaries on justice. The quotations span the laws of england, Book the Fourth, Chapter the Twenty-Seventh: the period between 600 Of Trial, and Conviction (1809 edition). BCE and the present day. “The words on these walls affiffi rm the power and irrepressibility of the idea of justice,” reads Dean Martha Minow’s introduction to RTH O W

S the exhibit. “They give testimony to the endurance PHIL FARN of humanity’s yearning for fairness and dignity through law.” Hand-stenciled line by line, the “Words of Justice” exhibit was a collaborative law school effff ort involving faculty, staffff and students. The 33 quotes were culled from the 350 that had † TO VIEW THE COMPLETE EXHIBIT, been submitted. GO TO: http://library.law.harvard.edu/ justicequotes/

68 harvard law bulletin summer 2012 BENJAMIN FRANKLIN ELIZABETH CADY STANTON Laws too ggentle are seldom obeyed;y To make laws too severe, seldom that man can executed. not and will not poor richard’s almanack, Being Almanacks of 1733, obey, serves to 1749, 1756, 1757, 1758, fi rst written under the name of Richard Saunders, by Benjamin Franklin, Doubleday, Doran and Co. Inc., Garden City, 1928. bring all law into contempt. MARTIN LUTHER KING JR. history of woman suffrage, Vol. 1, 1848-1861, edited by Elizabeth Morality cannot be legislated, but behavior can Cady Stanton, Susan B. Anthony and Matilda Joslyn Gage, Arno & The be regulated. Judicial decrees may not change New York Times, New York, 1969. the heart, but they can restrain the heartless. strength to love, Harper & Row, Publishers, NELSON MANDELA New York, 1963. Let there be jfjjustice for all. Let there be ppeace forf all. Let there be work,,,, bread, water and salt ffor all. Let each know that,,f for each, the body,y, the mind and the soul have been ffreed to fulfifill themselves.

inaugural speech, Pretoria, May 10, 1994. Nelson Mandela, In His Own Words, From Freedom to the Future, Tributes and Speeches, edited by Kader Asmal, David Chidester, Wilmot James, Little, Brown, Great Britain, 2003.

MAGNA CARTA OF KING JOHN, 1215 To no one will We sell, to none will We deny or defer, right or justice.  JONATHAN SWIFT Laws are like cobwebs, which may catch small fl ies, but agreement between k. john and the barons by grant of liberties to the church and kingdom of let wasps and hornets break through. england, translated by William Basevi Sanders, Esq., as- sistant keeper of Her Majesty’s records (1952). Printed at the a tale of a tub and other stories, Intro. by Lewis Melville, E.P. Ordnance Survey Offiffice, Southampton. Dutton & Co. Inc., New York, 1909 (A Tale of a Tub orig. published, 1704).

Illustrations by anthony russo Harvard Law Bulletin Nonprofit Org. Harvard Law School U.S. Postage Paid 125 Mount Auburn Street Burlington, VT Cambridge, MA 02138 05401 Permit 347

“ We are enormously grateful to ... the generous alumni and friends whose aspirations and generosity are now translated into soaring spaces supporting our students and generations of students to come.” —Dean Martha Minow, on the Wasserstein Hall, Caspersen Student Center, Clinical Wing Building TONY RINALDO