IS THE DEATH PENALTY A ‘DEAD MAN WALKING’? / NEGOTIATING CLIMATE / REFLECTIONS FROM BLACK ALUMNI Harvard Law Fall TR2016 DEbulletin Should the U.S. jjoin a the Trans-PaciTrans-Pacificfic Partnership?artnership? Expertsperts debate.

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Gina Clayton ’10 founded Essie Justice Group to empower women whose loved ones have been incarcerated. ▼ FEATURES

16 A Time for Action Participants in the Celebration of Black Alumni reflect on accom- plishments and aspirations. 26 Trade Pluses and Pitfalls Trade experts weigh whether the U.S. should join the Trans-Pacific Partnership. 34 Architect of the Breakthrough Todd Stern ’77 caps two decades of work to curb climate change with the landmark Paris accord. 38 New Technology on the Block Exploring the legal and regulatory implications of the blockchain

Primavera De Filippi first came to HLS to research the potential of the blockchain: a new technology that may reshape financial and property markets. ▶ JESSICA SCRANTON (2) SCRANTON JESSICA

c2-15_65_HLB_FA16.indd c2 10/12/16 4:09 PM DEPARTMENTS Professor Samuel Moyn ’01 studies 2 the history of From the Dean human rights and wants to know why 3 they have made Letters “agonizingly little difference in world 4 affairs.” Writ Large: Faculty Books ◀ The nation that almost never was; Regu lated to death; Books in brief 9 Inside HLS Invisible wounds of war; A work in progress; Sharing ideas for shareholders—and others; Taking on a new cause; Hearsay 49 Class Notes Collegial counselor; On Cape Cod; A citizen’s Constitution; Will power; The road less traveled; Gaining ground in Ghana; The wordsmith; Harvesting progress; HLS authors 64 In Memoriam 66 HLSA News 68 Gallery HLS and the vice presidency

Harvard Law Bulletin

ASSISTANT DEAN FOR Editorial Office COMMUNICATIONS Harvard Law Bulletin Robb London ’86 1563 Mass. Ave. Cambridge, MA 02138 EDITOR Email: [email protected] Emily Newburger Website: MANAGING EDITOR today.law.harvard.edu/bulletin Linda Grant Send changes of address to: [email protected] EDITORIAL ASSISTANCE The Harvard Law Bulletin (ISSN Michelle Bates Deakin 1053-8186) is published two Christine Perkins times a year by Harvard Law Lori Ann Saslav School, 1563 Massachusetts Ave., Cambridge, MA 02138. (2) SCRANTON JESSICA DESIGN DIRECTOR © 2016 by the President and Ronn Campisi Fellows of Harvard College. Sylvester Turner ’80 is mayor of Houston, the city in which Printed in the USA. he grew up and that he has committed his career to serving. ▲

c2-15_65_HLB_FA16.indd 1 10/12/16 4:09 PM FROM THE DEAN | Imagining the future t ogether

Each moment bridges past and future; moments at HLS invite refl ections on the past and renewed focus for the future. In September, more than 800 African-American alumni and guests returned to campus for the fourth The past and future of currency and Celebration of Black Alumni at . fi nance—and their supporting legal frame- Few moments at HLS have been as powerfully moving works—come into sharp relief through investigations at HLS of blockchain tech- or meaningful as CBA IV. Refl ecting on times great and nology, best known through its connection diffi cult, participants honored the extraordinary to bitcoin. Providing new, online meth- leadership of our African-American graduates in ods for streamlining and recording transactions, the worlds of law practice, the judiciary, business, blockchain technology presents unprecedented legal entertainment, politics, religion, the arts and ed- and practical challenges to long-standing regulatory ucation. Those gathered also brought imagination frameworks. Innovative work on this technology and energy to the crucial unfi nished business of engages faculty, students, and researchers at our racial justice. Sharing insights with current stu- Berkman Klein Center for Internet & Society. Note dents, reconnecting with old friends, and making it now bears the name of Michael R. Klein LL.M. ’67, new ones, returning alumni demonstrated how the whose transformative gift will ensure the center’s extraordinary network of the hugely talented and leadership in research, scholarship and policy relat- accomplished black graduates of HLS can help build ed to the digital universe. a more inclusive and just future. This issue The past and future of criminal punishment have On the brink of off ers refl ections by CBA attendees, and long occupied scholars and students at HLS; this there is more coverage online at bit.ly/ moment marks a critical juncture. An important 2017, we stand HLSCBA16. new book predicts that the death penalty is now “in at a crossroads The past work of Todd Stern ’77 off ers a a terminal decline.” HLS Professor Carol Steiker ’86 in the nation and key to all of our futures, for he is a leading and her brother, Jordan Steiker ’88, law professor at architect of the watershed achievement in the University of Texas, have each devoted their ca- in the world. the global eff ort to fi ght climate change. reers to death penalty research and advocacy. They His decades of work came to fruition last off er striking fi ndings and pathbreaking arguments December, when, as the State Department’s chief here in an interview. climate change negotiator, he helped secure the As HLS remembers Professor Emeritus Victor landmark Paris agreement by 195 countries pledg- Brudney, who passed away in April, we salute this ing to curb greenhouse gas emissions and create a towering and inspiring teacher and scholar with sustainable future. a panel discussion at the school on the future, Last spring, HLS hosted more than 175 offi cials, inspired by his searching inquiry into fundamen- scholars, and lawyers from across the world to tal issues of fairness, equality, and freedom in the address the past and future of the World Trade worlds of corporate law and fi nance. Organization’s Appellate Body. This issue off ers We stand at a crossroads in the nation and in the insights of alumni experts about the proposed the world. And we stand on the brink of 2017, when Trans-Pacifi c Partnership. After years of global we will mark the 200th anniversary of our school’s negotiations, TPP, if approved by Congress, would founding. In the upcoming bicentennial year, look become the largest regional trade accord in history. for lively programs on campus, online, and at alum- It has also become a fl ash point and symbol of ni gatherings around the world—opportunities for sharply contrasting visions of the future. We off er alumni, faculty, students, and staff to engage with a variety of views along critical challenges for legal education, for the pro- with a preview of the fession, and for justice worldwide and to envision next generation of trade the next century of legal initiative and leadership. lawyers, currently students As Albert Einstein once said, imagination is “the at HLS, where they learn preview of life’s coming attractions.” Let’s imagine from Assistant Professor the future together! Mark Wu and the tremendous opportunities he has created here.

2 HARVARD LAW BULLETIN Fall 2016

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How will developing technol- avoid creating a regulatory ogies aff ect human values? regime that would prevent ELAINE MCARDLE’S “THE the IoT from delivering on its New Age of Surveillance” promises. describes how the Internet Hendrik Bourgeois LL.M. ’93 of Things (IoT) has creat- Brussels ed a hot legal debate over privacy versus security, Alter corporate law to make highlighting the Berkman fi nancial decision-makers Center for Internet & accountable Society’s expert report and PROFESSOR SCOTT DOES ALL superb teamwork on this economic policymakers and important issue. analysts a major service with But the silence is deaf- his explanation of the diff er- ening with no mention of ence between connectedness the human impact to be ex- and contagion and the sig- pected from this “tectonic nifi cance of this distinction shift” in technology—when [Writ Large: Spring 2016]. sensors everywhere and In particular, by debunking data about our every move- the myth that our Fed erred ment/preference/habit (all in its 2008-2009 actions, he cloud-connected) mean less makes much less likely hav- face-to-face interaction ing a cyclical problem turn and much-altered cultural into economic catastrophe. norms about human However, it is also useful to inter personal relations. address why such analysis is The younger generation’s It correctly points out that analytics would generate a needed. relaxed assumptions around the rise of the Internet of staggering US$300 billion That is, what created the texting private information Things holds the promise of savings by 2030. So when fi nancial panic of 2008? (versus how my generation creating signifi cant eco- thinking about how to pre- Putting aside the politically views such texts) is a case in nomic growth, and bringing vent the IoT from becoming charged dialogue involving point. innovative and very con- the “Wild West of the Inter- alleged depredations of In anticipating how we’ll sumer-friendly products net,” policymakers should “Wall Street,” it is clear that feel about privacy-vs.-secu- to the marketplace. But its avoid adopting legal instru- the ultimate cause was a rity in this new age, we must potential consequences for ments that are designed for cascade of bad decisions by begin by anticipating how privacy and human rights consumer and personal data both lenders and borrowers, we’ll feel—about ourselves are stark only when the IoT protection, and fail to clear- which led to the creation of and those around us. The enables devices to exchange ly exclude industrial or B2B so much impaired debt and legal debate is much less personal information. activity from their scope of related securities. While meaningful if it ignores While this might be the case application. Doing so would no one and no policy can the evolving human values when done for household risk hampering the impor- ever prevent all fi nancial being debated. The tectonic appliances as described in tant economic benefi ts of crises, and as Professor Scott shift in technology both your article, the IoT will the IoT. This is a risk that is, demonstrates, we must have drives and is altered by the generate the bulk of its for instance, created by the central banks with fl exibility tectonic shift in our emo- economic benefi ts in the recently adopted General and the will to use it to miti- tions and expectations. industrial sector (think Data Protection Regulation gate such situations, it is also James S. Berkman ’82 locomotives, gas turbines, of the European Union that helpful to seek to avoid such Boston and aircraft engines), where imposes “data protection situations where it is possible machines only very rarely by design and by default” to do so. How not to regulate the process and transfer per- requirements, which man- Congress nominally sought Internet of Things sonal information. For in- date how companies should in the Dodd-Frank Act to I READ YOUR ARTICLE ON stance, in the power sector, build their products. U.S. address such considerations “The New Age of Surveil- achieving just 1 percent of legislators should be more with banker compensation

HARRY CAMPBELL HARRY lance” with great interest. fuel savings thanks to data careful and judicious, and restrictions deemed to →65

→WRITE to the Harvard Law Bulletin, 1563 Massachusetts Ave., Cambridge, MA 02138; [email protected]. Letters may be edited for length and clarity.

c2-15_65_HLB_FA16.indd 3 10/12/16 4:09 PM WRIT LARGE | Faculty Books The Constitution: An Origin Story Klarman’s book examines the messy and dramatic process that led to the country’s founding document

PROFESSOR MICHAEL KLARMAN’S “THE FRAMERS’ A revisionist phor, pulled off a “coup,” a soft-power uprising by Coup: The Making of the Constitu- history of our America’s earliest aristocrats. “They hijacked the country’s found- tion” gathers for the fi rst time in a single volume ing document, process of constitution-making,” said Klarman in the tumultuous story of the 1787 creation of our Michael Klarman’s an interview, “to create a document very diff erent nation’s founding document, in the kind of rich new book might from what most Americans expected or desired.” also have been detail earlier reserved for multivolume works. called “The Nation The messy backstory of this venerable document This boldly themed and fast-paced book is both That Almost Never will surprise many readers. “Because the Constitu- comprehensive and corrective: an 800-page vehi- Was.” tion has become so critical to the self-conception ▲ cle for demythologizing a Constitution that was of Americans,” Klarman writes, “it is diffi cult widely worshiped from the start, as if born under to accept the uncertainty and contingency of its “the special infl uence of Heaven,” wrote a contem- adoption.” porary Federalist. The “coup” was the result of a combination of Klarman, a constitutional scholar and winner of luck, organization, better oratory and the zeal the prestigious Bancroft Prize for history, ac- of Virginia’s James Madison. He set the Consti- knowledges America’s veneration for the Constitu- tutional Convention’s agenda, framed its most tion, but he deploys relentless detail to scrub away powerful Federalist arguments, countered what myths about how the document was made or who Klarman called “the egalitarian ideology of the made it. Those men, observed Benjamin Franklin, Revolutionary War,” spearheaded ratifi cation of were wise but also brought with them “all their the Constitution by the states, and drafted the Bill prejudices, their passions, their errors of opinion, of Rights. their local interests, and their selfi sh views.” In years leading up to the Constitution, the new Some of them, in the author’s central meta- nation underwent crises that led many of its elite

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citizens to crave a strong central government in a In Philadelphia, the largest questions were about way that most of the country did not. Among other power. Who would have it, and how much? That of- things, the “utterly ineffi cient” United States ten revealed a North-South divide, including on the could not pay its debts, regulate commerce, raise issue of slavery; many of those disputes were more taxes, or compel states to honor treaties or contrib- about commerce than urgent moral questions. ute to the federal treasury—all legacy weaknesses “The founding wasn’t about disinterested of the Articles of Confederation, whose “perpetual political philosophizing,” said Klarman. “It was union” lasted from 1781 to 1789. about bare-knuckled political battles over power Economic downturns follow most wars, and by and interests.” 1785, the American depression had deepened, Two worldviews clashed in Philadelphia: Madi- prompting some states to print their own money to son’s Federalist ideal of a powerful central govern- relieve debt. Increasingly, the new nation’s alter- ment and the limited government preferred by nate fates seemed to be civil war or monarchy. Antifederalists, who feared that without the right Then came Shays’ Rebellion (1786-1787), which amendments, the Constitution would become an to many Americans foreshadowed an anarchic instrument of tyranny. They also feared federal future. When Massachusetts refused to capitulate taxes (“free access to our pockets,” wrote one), a to debtors’ demands, armed rebels joined in a corruptible Congress, weakened states that would populist uprising against this perceived economic be swallowed up “in the grand vortex of general injustice. The rebellion hurried growing calls for empire,” and a standing army that in peacetime a new gathering of state delegates to replace the would be a “nursery of vice and the bane of liberty.” failing Articles. It also revealed, wrote Alexander The clash of worldviews made ratifi cation by the Hamilton, “the amazing violence and turbulence states tenuous and tumultuous. The Constitution of the democratic spirit.” was approved by razor-thin margins. The “coup,” The Constitution arose uncertainly from a series Klarman demonstrates, had succeeded. of close calls. The Convention, held behind closed The Bill of Rights helped soothe Antifederalist doors in Philadelphia from May to September of concerns and warded off a Federalist worry: that a 1787, was fractious. Afterward, the Constitution second convention would unleash democracy in a was ratifi ed by only the slimmest of margins. The way that the closed-door Convention had not. book could have been titled “The Nation That The fi nal chapter addresses what Klarman calls Almost Never Was.” the Constitution’s “hostility toward democracy.” In the fi rst hundred pages, Klarman details the Elite Federalists “opposed populist infl uence on turmoil that preceded the Convention, including government,” he said, and tried to design a national the near-debacle of ceding navigation rights on government that would resist it. the Mississippi to Spain and Congress’s eff orts to On the other side, according to Klarman, collect taxes from the states. One federal offi cial Antifederalists “defended the ability of ordinary said it was like “preaching to the dead.” people to participate in governance, warned that Within this uncertainty, the Convention seemed Michael Klarman’s the Constitution would create an aristocracy, and like “the sole point on which all future movements previous books opposed shifting of power from the state to the include “From the will turn,” observed James Monroe. Closet to the Altar: federal level.” Courts, Backlash, The Federalist-Antifederalist debate still and the Struggle resonates, he said, as does the Federalist fear for Same-Sex Marriage.” “that democratic majorities would be seduced by ◀ demagogues.” He added, “I think that is closer to happening in 2016 than ever before in our history.” The book “ought to raise questions about whether it is wise to bind ourselves to the ‘originalist’ understanding of the Constitution,” said Klarman. “The framers made mistakes, they couldn’t foresee the future, and they were often involved in disputes that have little relevance today.” Thomas Jeff erson seemed to agree. He hoped and believed that the document would be altered by future generations in pursuit of their own happi- ness. The Constitution, he wrote, is not “like the ark of the covenant, too sacred to be touched.”

LEAH FASTEN —CORYDON IRELAND

Fall 2016 HARVARD LAW BULLETIN 5

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Regulated to Death

FOR TWO DECADES, PROFESSOR new book, “Courting Death: The The authors of a Carol and Jordan new book on Carol Steiker ’86 and her brother, Supreme Court and Capital Pun- capital punish- Steiker’s latest Jordan Steiker ’88, a law professor ishment,” in which they argue that ment suggest collaboration details at the University of Texas, have the Court has failed in its eff orts that the death penalty is “in how the Supreme focused their careers on the death to regulate the death penalty since a terminal penalty, whether in the classroom Gregg v. Georgia, its 1976 decision decline.” Court’s eff orts to or through scholarship, litigation, that allowed capital punishment ▲ regulate capital and law reform projects. to resume. punishment have It is a passion they both ab- The Bulletin asked the Steikers sorbed in the chambers of Justice what the future is likely to hold for failed Thurgood Marshall, a fi erce critic capital punishment. of capital punishment for whom they both clerked a couple of Q: You note in the book that just six terms apart in the late 1980s. states conducted executions in 2015 In their latest collaboration, and only three had two or more. Do you the Steikers have co-written a expect that the footprint of the death

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penalty will narrow any further? You predict a trajectory heading might contribute to further CAROL: It has shrunk so much toward a “categorical constitutional refl ection on the extraordinary that it’s hard to imagine it can abolition.” Is that a matter of years or punitiveness of our criminal shrink much more without decades away? justice system more broadly, and disappearing. I don’t think it CAROL: In the book we predict open the door to political and will expand, given the incredibly abolition within two decades, legal challenges to other prevail- high cost of capital prosecutions, assuming that the Court either ing practices. the left-right coalition ques- remains where it was politically tioning the practice, and the before Justice Scalia’s death or The popularity and prevalence of the diffi culty of obtaining lethal in- moves further to the left. death penalty ebbed and fl owed in jection drugs. Given all of these JORDAN: Around the world, the last century. Could you foresee dynamics, which are showing one common path to abolition renewed calls for its return post- no signs of shifting, I think we has been fi rst to abolish the abolition if there is a similar surge in should expect either continued death penalty for ordinary violent crime in the future? shrinkage or continued margin- crimes and then later to abolish CAROL: We view the death alization of the practice even in it for treason or other crimes penalty as in a terminal decline. states that authorize it. against the state, which in the In the 1960s and 1970s, when JORDAN: The decline in death contemporary world is ter- crime was rising, the Court had sentencing is not only more dra- rorism. In the United States, not yet attempted to regulate matic but more telling than the the federal death penalty is so the death penalty and fi x its decline in executions. It suggests anemic, such a small part of many shortcomings, whether fewer executions going forward American death penalty prac- racial discrimination, wrongful and much less political commit- tice, that we might bypass this convictions, or arbitrariness ment to the process. two-step process. throughout the process. Now, we’ve had 40 years of “mend You suggest it might be possible for What might be some of the con- it, don’t end it” that have been the states that still have the death sequences of abolishing the death spectacularly unsuccessful. So penalty to make improvements to penalty for the broader criminal even were we to face rising crime how it is administered—by limiting justice system? rates, there wouldn’t be the same the number of aggravating factors, CAROL: The death penalty tends naive optimism that we can for instance. Or is that a nonstarter to shine a spotlight on the inad- make the death penalty work for Carol Steiker politically? and her brother, equacies of the criminal justice us, because we’ve had all these CAROL: It’s possible that could Jordan Steiker, system. If a case is not capital, it years of it not working well at all. have focused their happen in a few states, but only careers on the is hard to get as much attention, JORDAN: So many times in states that are on the road to death penalty— even where there is an egregious throughout our history, the abolition rather than states that through teaching, miscarriage of justice. death penalty appeared to be litigation and are committed to the practice. scholarship. JORDAN: On the other hand, moving in one direction, and History has shown over time ▼ the end of the death penalty then it shifted or transformed. that there’s inexorable pressure One notable lesson of the history to expand the list of aggravating of the American death penalty factors. Criminal justice admin- is the sheer unpredictability of istration is driven by anecdote: those movements. But for all the Something terrible happens, reasons Carol said, we believe and lawmakers pass the equiv- the death penalty is in a termi- alent of a Megan’s Law. One of nal decline and there are many my students took a picture with institutional conditions that his phone while working in New make its revival very unlikely. Orleans, where he noticed a sign But who would have predicted in a taxi that said it’s a capital this election cycle and the shift- crime to kill a taxicab driver in ing political climate we’re living Louisiana. You see that dynamic in now compared with just a year constantly. Courts say the death ago? So it’s best to remember the penalty should be reserved for wisdom of Yogi Berra about the the worst of the worst, but the diffi culty of making predictions, opposite has happened in the 40 “especially about the future.”

MARTHA STEWART (TOP); WYATT MCSPADDEN WYATT (TOP); STEWART MARTHA years since Gregg. —SETH STERN ’01

Fall 2016 HARVARD LAW BULLETIN 7

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“The Ethics of Infl uence: Government in the Age of Behavioral Science,” BY PROFESSOR CASS R. SUNSTEIN ’78 (Cambridge) A prolifi c writer on behavioral science topics, in his latest book, Sunstein turns to government eff orts to infl uence people’s actions, which should, he writes, “preserve freedom of choice, but … also steer people in directions that promote human welfare, dignity, and self-government.” He explores government policies designed to nudge desired behavior in areas such as consumer and environmental protection— and also when nudges turn into ethically impermis- sible manipula tion. These government actions face a burden of justifi cation; at the same time, he con- tends, some nudges, when they promote autonomy, are actually required on ethical grounds.

“Law and Order in Ancient Athens,” BY PROFESSOR ADRIAAN LANNI (Cambridge) A historian and law professor, Lanni presents and seeks to explain a seeming paradox about ancient Athens: It was a peaceful and well-ordered society yet did not have a “rule of law,” such as a police force “Diversity in Practice: Race, Gender, and Class or court system that consistently enforced statutes, in Legal and Professional Careers,” EDITED BY which in the modern era is considered a prerequi- PROFESSOR DAVID B. WILKINS ’80, SPENCER HEAD- site for a society to fl ourish. Legal institutions WORTH, ROBERT L. NELSON AND RONIT DINOVITZER did, however, help maintain order, she contends, (Cambridge) by facilitating “the operation of informal social Wilkins, director of the school’s Center on the control” along with enforcement of law in selected Legal Profession, serves as co-editor and also co- instances. writes an essay in this volume, which contrasts the rhetoric that widely embraces the goal of diversity in the legal and other professions with the reality of continued barriers to full inclusion. The book includes contributions on diversity in corporate boards, race and class in the U.K. legal profession, the signifi cance of network ties, and the job transi- tions women make.

“Law’s Abnegation: From Law’s Empire to the Administrative State,” BY PROFESSOR ADRIAN VER- MEULE ’93 (Harvard) Vermeule’s thesis is that law has steadily turned to a position of deference to the administrative state: “Law has abnegated its authority, relegating itself to the margins of government arrangements.” The result is that administrators increasingly set policy and even in some cases determine their own jurisdiction. He focuses on judicial review of ad- ministrative action and argues that the long-term trend of the law to cede power in this regard will be impossible to reverse.

8 HARVARD LAW BULLETIN Fall 2016 ILLUSTRATIONS BY ANTHONY RUSSO

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FROM THE CLINICS Invisible Wounds of War Helping veterans recover from sexual trauma

THE CHALLENGE CAME TWO Military sexual case and scored a key victory maybe move the needle on how years ago: A U.S. Marine Corps trauma—rape or on her behalf. It’s part of a the VA sees this.” sexual harass- veteran needed help. She’d been ment during growing area of practice for the The Veterans Legal Clinic sexually assaulted by another military service— 4-year-old clinic. Military sexual was founded to deal with the Marine in the late 1960s. De- is a fast-emerg- trauma—rape or sexual harass- special problems of low-income ing issue in the cades later, she told VA offi cials, nation’s care for ment during military service—is veterans and to help bridge the who didn’t believe her story and veterans and one a fast-emerging issue in the nation’s military-civilian divide. denied her disability compensa- focus of an HLS nation’s care for veterans. “Before long, we started to get clinic. tion to help treat her post-trau- ▲ “It’s exactly the kind of case some cases involving veterans matic stress. Could Harvard Law you want to work on,” says whose military careers were cut School’s Legal Services Center Harvard Law student Maile short by military sexual trauma help? Yeats-Rowe ’17, an Army veteran and who kept on hitting barriers Since then, students and staff who served in Afghanistan and as they tried to get the help they at the center’s Veterans Legal Kuwait. “It’s a case where we needed,” says Dan Nagin, faculty Clinic have rallied behind her can make a real diff erence, and director of the Veterans Legal

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c2-15_65_HLB_FA16.indd 9 10/12/16 4:09 PM Clinic and the Legal Services Center. The veterans clinic took its fi rst case involving military sex- ual trauma two years ago. Now it’s an issue in about 10 percent of its cases. That surge refl ects the eff ects of the Iraq and Afghanistan wars, the growing number of women in the mili- tary, and a greater awareness of the once-hidden problem. Often, the clinic helps victims of military sexual assault or ha- rassment who’ve been diagnosed with PTSD apply for disability compensation. In other cases, the clinic petitions to change Senior Clinical trying to prove a sexual assault behalf with a federal court for a veteran’s discharge status to Fellow Dana occurred,” says Nagin. In other veterans’ claims, arguing the VA Montalto, address the ways military sexual faculty director ways, it’s even tougher. Yeats- erred when it found the client trauma hurt his or her service Dan Nagin, Rowe says the VA has “a tremen- not credible. In response, a VA career. Though women make Maile Yeats- dous amount of discretion” in attorney agreed to remand the Rowe ’17, Liz up a smaller percentage of the Petow ’17, and deciding whether a veteran al- case to a VA appeals board for re- armed services, they are dispro- Clinical leging sexual assault is credible. consideration—a major victory portionately more likely to be Instructor Reviewing offi cers sometimes for the veteran and the clinic. Betsy Gwin sexually assaulted or harassed. ▲ review evidence that would be Yeats-Rowe and her partner In the military, there are sig- barred in civilian courts, such on the case, Liz Petow ’17, say nifi cant numbers of both male as a veteran’s medical or sexual the case has helped them hone and female victims, says Senior history. several skills they’ll need as Clinical Fellow Dana Montalto. Often Yet the clinic also has a recent lawyers, from writing a per- Montalto is representing a the clinic legal precedent on its side in suasive brief to fi nding experts male veteran who was sexually faces legal military sexual trauma cas- whose research supports their assaulted and persistently ha- es. In 2013, a federal appeals case. They’ve also learned about rassed by a fellow service mem- battles court ruled that the absence of navigating client relationships. ber. She says her client began over a an offi cial record of a military At the female Marine Corps drinking heavily to cope with client’s sexual assault can’t be treated as veteran’s rehearing, they’ll be memories of the trauma and evidence that the assault didn’t able to introduce new evidence. was sent to alcohol rehab. “After credibility. occur. That helps in cases where So in the spring, they spoke with not being able to complete the a client wasn’t ready to come her several times by phone about rehabilitation program, and get- forward at fi rst, or did report the the assault and its aftermath—a ting into some drinking-related assault soon after but was not story she hasn’t shared with misconduct, he was separated taken seriously. “Our students many people. with an other-than-honorable are really skilled in marshaling “That’s a whole new aspect discharge,” Montalto says. “We that case to maximum eff ect,” of what it is to be a lawyer,” says have been trying to get that Nagin says. Yeats-Rowe, “how to engage with changed, now that he is getting The precedent helps the a client in a way that’s sensitive more treatment and support, female Marine Corps veteran and caring, but also gets out the and is more able to talk about from the 1960s. She reported the information you need to help it.” The veteran’s application sexual assault to her supervisor support the case.” is pending before a discharge at the time, according to Nagin, Both students have returned review board. but the supervisor ignored her to the clinic this fall for a third Often, the clinic faces legal complaint and made no record semester. battles over a client’s credibil- of it. “We wanted to come back and ity. “In some ways, working on Two teams of law students help her see the case through,” these cases is like working in have worked on her case. Last Petow says. the criminal justice system, fall, the clinic fi led a brief on her —ERICK TRICKEY

10 HARVARD LAW BULLETIN Fall 2016 PHOTOGRAPH BY MARK OSTOW

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ASK THE PROFESSOR A Work in Progress Moyn researches the history of human rights while considering their limitations

Harvard Law Professor Samuel Moyn ’01, who is also professor of history at , is one of the world’s leading scholars in the emerging fi eld of the history of human rights. In an interview for the Bulletin, Moyn discussed the potential and the limitations of the human rights movement when it comes to creating just societies.

What does history tell us about when the struggle for human rights can hinder progress toward a just society? I am a fan of human rights, but I want to know why humanity came so late to them, and why they have made agonizingly little diff erence in world aff airs so far. They have improved moral consciousness on a number of fronts. Next to no one will say they accept torture today even when they conduct it in secret. But human rights movements as we know them haven’t done well in redefi ning opinion when it comes to every area. For example, our interna- tional economic life has remained much more immune to serious moral criticism. And when it comes to some problems, like domestic economic inequality, human rights may not off er the right framework for deciding whether it’s wrong and for mobilizing to change things if it is. In sum, I’m in- terested in how human rights have so far emerged as a relatively weak tool—good for some jobs but not others. Samuel Moyn after all, were the age of the construction of new You have written about how the focus on human rights in wants to know welfare states. Yet human rights have only become the second half of the 20th century coincided with a lack why human rights have world-famous since the 1970s—the very era when of emphasis on duty. What is the eff ect of emphasizing made “ago- the welfarist agenda entered crisis. The possibility rights over duties? nizingly little emerges that human rights symbolize our commit- difference in The United Nations canonized human rights in world affairs.” ment to global solidarity, but in a form that is weak a universal declaration in 1948, establishing a ▲ and cheap, while welfare states enacted solidarity template for a new 20th-century ideal of social that, although local, was strong and expensive. I citizenship. And when we look back, it turns out worry that if we celebrate human rights uncritical- that people in the aftermath of World War II cared ly, we might miss how they have been linked to the much more about duties to their fellow citizens globalization but also to the weakening of solidar- than basic rights for people abroad—about encour- ity—not only the expansion but also the withering aging people to do their bit for the common good, of duties. including by organizing the economy for collective purposes, establishing legal regimes from anti- What role does international law play now and what role trust to workmen’s compensation in that spirit, could it play in moving people or nations back toward and setting (and paying) high taxes. The 1940s, duties?

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BLOG SPOT We are just at the beginning of exploring dif- ferent ways that international law might serve to correct wrongs. The initial steps that the Sharing Ideas for human rights movement has taken to civilize the globe in the last 40 years are simply the Shareholders— fi rst indications of a worldwide regulatory scheme. The trouble is that the rise of that movement has coincided with the creation of and Others legal structures largely focused, both at home An HLS blog becomes the go-to forum and abroad, on institutionalizing market on corporate governance freedom, rather than imposing local or global obligations to match our well-deserved rights. Instead of adopting a default libertarianism, our welfare state ancestors embraced the need FOR THE PAST 10 YEARS, ONE HARVARD LAW for more coercive governmental intervention, School blog has been serving as a forum for and their thinking remains a valuable fund exchange of ideas and debate among lawyers, for the future of international law. The same executives, institutional investors, academics and remains true in the domain of war and peace, regulators. Each month, the Harvard Law School where international law’s potential is barely Forum on Corporate Governance and Financial exploited today. Regulation features over 60 posts on a wide range of issues in these fi elds—from Brexit to mergers Your most recent book, “Christian Human Rights,” The blog and acquisitions. Since its founding, the forum has grew out of your book “The Last Utopia: Human is “required attracted posts from more than 3,500 individuals, Rights in History.” In what direction is your scholar- including such prominent contributors as SEC ship moving now? reading Chairs Mary Jo White and Mary Schapiro, Circuit My current project is to write the sequel to among the Court Judge Richard Posner ’62, and Goldman “The Last Utopia”—among other things, intelligent- Sachs CEO Lloyd Blankfein ’78. taking the history of human rights through sia ... of Run by Harvard Law School’s Program on the present, by concentrating on social rights Corporate Governance, the forum was founded in and distributive justice: how human rights corporate 2006 by the program’s director, Professor Lucian transformed from an ideology of the welfare governance.” Bebchuk LL.M. ’80 S.J.D. ’84. It caught fi re quick- state to one addressing global destitution. ly. In the blog’s second year, its two co-editors were Beyond this, I am toying with some work on named to Directorship magazine’s list of 100 most the history of the attempt to regulate war, infl uential people in corporate governance in the focused on how international law moved from media category, alongside prominent reporters the aspiration to control force among states to such as ’ Andrew Ross Sorkin. the aspiration to keep it humane in counter- Since then the blog has grown steadily, and today it terrorism. I see this as an ambiguous develop- attracts more than 70,000 unique visitors a month. ment, as I have recently explored in a piece in Posts on the blog have been cited in more than 300 The New York Times on America’s so-called law review articles, noted in SEC speeches, and “forever war.” Morality rightly demands more referenced in congressional testimony. humane war, but it is easier for humane war to Reading the forum has become an integral part become normalized. of the daily schedule of many. “[I]t is amazing to see the [forum] become required reading among What are the benefi ts for today’s law students in the intelligentsia, such as it is, of corporate gov- studying the history of human rights? ernance,” observes Leo Strine, chief justice of the The use of history is to show how our current Delaware Supreme Court and a lecturer on law assumptions required argument and strug- at HLS. The blog is “the place to go,” comments gle, and so are open to change in the future. Students can learn to put their own desire for reform in context—not to give it up, but THE HARVARD LAW SCHOOL FORUM ON to learn where it came from. And also how it CORPORATE GOVERNANCE AND FINANCIAL might change: A space had to be opened for REGULATION is currently edited by Scott Hirst LL.M. human rights activism and law, and there is ’01 S.J.D. ’16, Kobi Kastiel LL.M. ’08 S.J.D. ’16, Greg space to transform them now. Shill ’08, Chris Small and Aluma Zernik LL.M. ’16. —MICHELLE BATES DEAKIN

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Rodman Ward Jr. ’59, who was a key supporter of Posts on the shareholders. Recently, the forum has published the forum at its founding. blog have been a series of posts by Lipton that took issue with a cited in more than While the blog enables Harvard Law faculty to 300 law review study co-written by Bebchuk on hedge fund activ- write about their research, that is not its primary articles, noted ism and its impact on shareholders. Being willing mission. “The goal in establishing the forum was in SEC speeches, to take one on the chin so publicly may be part of and referenced not to communicate the views of the program’s in congressional the mission for Bebchuk and his team. The forum members but rather to advance discourse in the testimony. makes a substantial eff ort to be broad and diverse, fi elds by providing a central place for the exchange ▲ and to be open to diff erent views—even if they of views and the discussion of developments and might be critical of work by Harvard faculty. new research,” says Bebchuk. Edited by fellows of the Program on Corpo- Initially, editors solicited posts from experts rate Governance—typically graduate students or in the fi eld. As the forum became the repository postdoctoral fellows at HLS—the blog has been for conversations on corporate governance and a learning tool for its co-editors. “[Editing the fi nancial regulation, contributions started fl owing forum] gave me exposure to a broad community of in. The forum has also attracted its share of heated practitioners, academics, and policymakers seek- debate along the way. ing a place for cutting-edge conversations about Hedge fund activism and shareholder rights, corporate law and fi nance—an experience that for example, are subjects that attract posts with convinced me that legal academia was the place strongly opposing views. Regular contributions for me,” says Robert Jackson ’05, the forum’s fi rst by Martin Lipton, founding partner of Wachtell, fellow editor and today a professor at Columbia Lipton, Rosen & Katz, have criticized Bebchuk’s Law School. “Ten years later, I still draw on those work in support of strengthening shareholder relationships and insights in my teaching and rights and reducing the insulation of boards from scholarship.” —JULIE H. CASE

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FACULTY FOCUS Taking on a New Cause Diagnosed with Alzheimer’s, Ogletree vows to fi ght it

HLS PROFESSOR CHARLES OGLE- a cure for Alzheimer’s. tree ’78, executive director of “While the causes of Alzhei- the Charles Hamilton Houston mer’s are currently not well-un- Institute for Race & Justice at derstood, it is my sincere hope Harvard Law School, announced that Alzheimer’s disease will this summer that he has been continue to be part of a national diagnosed with Alzheimer’s conversation on health care. disease. Ogletree, who is 64, said “At this very moment, he will work to raise awareness research is being carried out of the disease and its dispropor- across the country and around tionate eff ect on African-Amer- the world to better understand icans. and treat Alzheimer’s disease. In a statement, he said: The scientifi c community, in- “Recently, I was diagnosed with cluding the community of med- early-stage Alzheimer’s. It was ical researchers here at Harvard something I had not anticipated University, continues to make and, at fi rst, I did not know how gains. These advances allow for to respond to it. better treatment of Alzheimer’s “Should I allow myself to and have improved the lives of become despondent amid this millions. However, these gains challenge? No—today, just as cannot come quickly enough. I have fought and advocated “I’ve learned that Alzheimer’s for civil rights and justice for is the sixth leading cause of America’s communities of color death in the U.S. and more than over the course of decades, I will 5 million people are living with join the eff orts of others raising the disease. That number is awareness about the illness and growing as our population ages fi ghting for a cure.” and grays. In sharing the news with the “I’ve made up vised and encouraged through- “Like many illnesses, Alzhei- my mind to be HLS faculty, Dean Martha Mi- thankful for out his life. We were saddened mer’s has a greater impact on now said: “I know you join me in what I have to hear of his recent diagnosis, the black community. Studies sending strength, support, and rather than but we were also so inspired by show that African-Americans focus on what I love to Tree, Pam, and their chil- may lose.” Charles’ courageous response. are almost twice as likely as dren. I am so glad that he will ▲ In sharing his story and putting whites to develop the disease. continue to speak, write and be a a spotlight on this disease, he is “I have hope despite this. I’ve vital member of our community continuing his lifelong eff orts made up my mind to be thankful as long as he is able.” to help others. Michelle and I for what I have rather than focus Like many of Ogletree’s stu- are honored to know Charles, on what I may lose. I’ve made up dents, President and wish him, Pamela, and their my mind not to complain about ’91 calls him a mentor and an children the very best.” the illness, but to fi nd purpose in inspiration. In a statement to Said Ogletree: “I am grateful it. The grace of God and my faith The Boston Globe, Obama said: for the support of my family, in God enable me to respond this “Professor Charles Ogletree has friends, and colleagues, and way. been a dear friend and mentor especially grateful for my wife, “I will not give up in the face to Michelle and me since we met Pamela, in joining me in the of this challenge. I plan to re- him as law students more than steps I have already taken and main a member of the Harvard two decades ago. But we are just the journey that lies ahead—one Law School faculty and continue two of the many people he has that has led me to take a stand to speak and write for as long as

helped, supported, taught, ad- and ally myself with the fi ght for I am able.” DYDYK CHRIST0PHER

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c2-15_65_HLB_FA16.indd 14 10/12/16 4:10 PM HEARSAY

Short takes from faculty op-eds

ELIMINATE LAWS THAT WHY PRESIDENT OBAMA WON’T, AND CAUSE HEALTHY FOOD SHOULDN’T, PARDON SNOWDEN TO GO TO WASTE ARS TECHNICA THE NEW YORK TIMES SEPT. 17, 2016 SEPT. 21, 2016 % Professor Jack Goldsmith % Assistant Clinical Professor Emily Broad Leib ’08 “A ‘pardon Snowden’ campaign was launched Wednesday [Sept. 14] in conjunction with the “MULTIPLE POLICIES COULD BE Snowden fi lm. … I remain unconvinced. … [T]o say implemented to address food that the intelligence community benefi ted from waste and its impacts on the en- the Snowden leaks is not to say that the president vironment, food security, and our should pardon Snowden, for the price of the bene- climate. In particular, we should fi ts was enormously high in terms of lost intelligence and lost investments in eliminate laws that cause healthy intelligence mechanisms and operations, among other things. Many Snowden food to go to waste, incentivize supporters pretend that these costs are zero because the government, under- food donation and, when needed, standably, has not documented them. But it is naïve or disingenuous to think enact penalties for senseless food that the damage to US intelligence operations was anything but enormous.” waste. Let’s start with consumer confusion, and the misguided laws regarding food date labels. ALL IMMIGRANTS THE FED’S STRESS TESTS Eighty four percent of consumers DESERVE A COURT NEED TO BE TRANSPARENT report they frequently throw food HEARING. PERIOD. away after the sell-by date has BLOOMBERG VIEW SEPT. 16, 2016 passed, despite date labels being AUG. 31, 2016 % Professor Hal Scott and John indicators of freshness, not safe- % Professor Noah Feldman Gulliver ty. What’s more, in the absence of federal law on date labels, no two “Do undocument- “THE STRESS TESTS THAT BIG AMERI- states have the same date label ed mothers and can banks face each year are about to rules. Several states even restrict children who are get more stressful. The Fed is plan- or ban the sale or donation of caught just after ning to substantially increase—by past-date foods. Federal legisla- they’ve entered the an average of 57%, we calculate—the tion is needed to eliminate state country illegally de- regulatory capital that the eight laws that require past-date—but serve judicial review largest banks in the U.S. need to pass still safe—foods to be wasted, and after immigration offi cials have decided the annual tests. Had these expected to standardize date labels so they they don’t qualify for asylum? If you’re a higher capital levels been in eff ect are clearer to consumers.” foreigner denied access to the U.S., you this year, it is likely that the country’s have no right to a court hearing. If you’ve four largest banks (J.P. been in the country for a while, even Morgan Chase, Bank of illegally, you’re entitled to face a federal America, Wells Fargo and judge before being deported. But there’s Citigroup) all would have a constitutional gray area that applies failed the test. ... The to undocumented immigrants who are higher capital require- caught within two weeks of entering the ments will diminish country or within 100 miles of the border. these banks’ ability to Federal law grants them a hearing before lend, potentially aff ect- an immigration judge, but denies further ing economic growth. That isn’t all: review before a federal district court. The Fed’s secretive process for design- … [A]n appeals court has held that this ing stress tests might well be illegal. denial doesn’t amount to an unconstitu- It likely violates the Administrative tional suspension of the writ of habeas Procedure Act of 1946, requiring gov- corpus. ... The decision is wrong, and the ernment agencies to be transparent U.S. Supreme Court should review it.” and publicly accountable.”

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c2-15_65_HLB_FA16.indd 15 10/12/16 4:10 PM PARTICIPANTS IN THE CELEBRATION OF BLACK ALUMNI REFLECT ON ACCOMPLISHMENTS, ASPIRATIONS

BY LEWIS I. RICE PHOTOGRAPHS BY JESSICA SCRANTON

A TIME FOR ACTION

HLS hosted the fourth Celebration of Black Alumni in September, featuring the theme “Turning Vision into Action.” The actions of alumni who attended have resonated in courtrooms and classrooms, in elected offi ce and the corner offi ce, in communities and in the culture. The Bulletin spoke with fi ve CBA participants about where their vision has led them and where they hope to yet go.

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16-25_HLB_FA16.indd 16 10/12/16 3:37 PM Gina Clayton ’10 Gina Clayton On the signifi cance of the is the founder Celebration of Black Alumni: of Essie Jus- tice Group. I didn’t know anybody that Gina Clayton ’10 has been fi ghting for social justice her entire adult looked like me that went to a life, starting when she was a youth organizer for the NAACP as an school like Harvard. That was undergraduate student at the University of Southern California. just not a reality for me. That’s Now she is running her own nonprofi t, Essie Justice Group in Oak- the importance of convening land, California. Started with the help of a 2014 HLS Public Service events like this. It’s to remind us Venture Fund seed grant, the organization seeks to empower women and others who are just as excep- whose loved ones are incarcerated and to end mass incarceration. tional from communities

16-25_HLB_FA16.indd 17 10/12/16 3:37 PM that are often left out, that this United States. No one else was Rory is possible. doing it, in terms of organizing this particular group of people. Verrett ’95 She grew up in Los Angeles, the That made it clear. We needed to child of a mother from Holland and start our own shop. an African-American father: During his career, Rory Verrett ’95 has worked The spark for civil rights and The organization off ers a nine-week in policy, public aff airs, and talent, including social justice really came from program to women who have incar- with the National Football League and an the deeply personal experience cerated loved ones: executive search fi rm. He is now a principal at of growing up in worlds that are By the end of the nine weeks, The Raben Group in Washington, D.C., leading diff erent and trying to navi- we see that not only do women the fi rm’s sports practice, which seeks to promote gate both worlds. My entire life break through their isolation but fairness, equity and integrity within sports. He navigating the intersections of their mental well-being im- also hosts the Protégé career advice podcast. race, ethnicity, nationality, and proves, their access to resources increases, and really importantly, they be- The Celebration of Black Alumni is his favorite “I imagine women outside come civically active. school event: Women come to They are wonderful homecomings for some of jails, courthouses, state- us as leaders already of my closest friends who happen to be some because they’re of the most accomplished people in law in houses demanding change.” leading families, America. I think the journey of African-Amer- they’re navigating ican Harvard Law grads is somewhat unique. culture has meant that I’ve seen complex systems. We are Just being able to check in at diff erent stages inequality in such a stark way redirecting and funneling that of your career with people who are walking the from a very early age and also incredible expertise and energy same journey can be very uplifting, can help have been disturbed by it. I think where we as a society need it you see things with clarity in your own career. all those things gave me a pas- most, and that is in building sion since I was very young for solutions in our criminal justice He appeared on a CBA panel as an expert on career wanting to make things fairer system. fulfi llment. On his own career fulfi llment: for people. What I’ve found is, if I can be in an infl uencer She plans to build a network of role with a positive outcome in an organi- Her interest in mass incarceration women across California and the zation with a highly ethical and engaging is political and personal: country: culture, that’s when I’m at my most joyous, When I got to Harvard, my very I imagine women outside of jails most engaging, most impactful state as a fi rst year there, someone I love and courthouses and governors’ professional. was sentenced to 20 years in mansions and statehouses prison. This was an eye-opening, together arm in arm demanding How he infl uences organizations: transformative, really deeply change. And I imagine women as A lot of the work that I do is in helping organi- painful experience that caused leaders of their communities to zations understand the importance of diver- me to apply a laser focus on what facilitate the healing we all need sity and inclusion and how it can impact what mass incarceration is doing to in the wake of 40 years of bad, they do from a bottom-line perspective. And families, to communities, and to inhumane policy. a lot of companies look at that as a legal and this country today. I see myself as a builder, an compliance issue: “Help me stay out of trou- organizer of communities, as a ble.” Whereas I always approach it as, Here are On the Essie website is this statis- gender justice advocate. What I markets, here are audiences, here are talented tic: Nearly 1 in 2 black women has a love about the work that I get to executives that you may or may not be access- family member in prison: do every day is that it captures ing because you don’t have the competency I began by asking the question: completely what my theory of and the capability to bring those infl uencers What is mass incarceration change is. Real sustained change into your organization. doing to women in the country that really shifts reality for when the numbers are so high? millions of people in a positive On athletes taking a public stand on social issues: We know there’s an emotional way happens when communities I know a lot of players can be a little nervous and mental health toll; we know are uplifted, are given access to about speaking out on social issues, but I think there’s an economic conse- decision-making, are listened the rewards far outweigh the risks. Whether quence. Surely this is creating all to. That kind of small “d” they accept it or not—and I think most of kinds of gender inequality in the democracy is what I believe in. them do—they are role models for millions of

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16-25_HLB_FA16.indd 18 10/12/16 3:37 PM people in America and around Rory Verrett of a car while he was walking near your station in life, this could be the world, particularly black is a principal his home wearing a Harvard Law an unfortunate reality of living at The Raben and brown children, who will Group and sweatshirt: in America. know who their favorite athlete host of the I asked why they stopped me. is before they can recognize who Protégé “We’re looking for someone who The advice he’d give to someone podcast. the president is. stabbed a pizza guy two blocks who just graduated from HLS: away.” And I was wondering the A Harvard Law degree is a very HLS Professor Charles Ogletree’s whole time: Was he wearing a powerfully fl exible credential. It book “The Presumption of Guilt” Harvard Law sweatshirt? But can be an admission ticket to the included Verrett’s story about being that stuff happens all the time. legal establishment in America mistaken for a car thief while in It’s happened to every black man and around the world. Or it can his own car. Another time, police I know multiple times. So it just be an insurance policy for you to offi cers threw him against a hood reminded me that no matter take a risk in your career.

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16-25_HLB_FA16.indd 19 10/14/16 11:49 AM Debra Lee is Her perspective of her time as a Debra Lee ’80 the chair and student at HLS: CEO of BET Networks. I think it was still hard during the late ’70s to be an African- The chair and CEO of BET Networks, which provides American at Harvard Law entertainment for a primarily African-American audience, School and to be a woman at Debra Lee J.D./M.P.P. ’80 has worked for the organization for 30 Harvard Law School. There years, rising from general counsel and COO. Over the weren’t a lot of professors years, the network has evolved but her mission to serve then who really thought a lot her audience remains unaltered. or cared a lot about issues that were important to me as a black

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16-25_HLB_FA16.indd 20 10/12/16 3:37 PM “My father said, ‘You’re doing what?!’ But Vision Enacted Over 800 alumni and guests returned to in hindsight, [taking a job at BET] was Harvard Law School Sept. 16-18 for the the best decision I could have ever made.” fourth Celebration of Black Alumni.

female. I have to admit it was a think a man would do it. I have diffi cult time to go to Harvard, to be myself. And either I will and you may remember it was a be successful doing that or I will diffi cult time to be black and to fail, but I have to be true to my- be in Boston. Boston was going self and what’s important to me. through the school desegrega- tion cases, and we were told as She is one of few women or black law students that there minorities serving as leader of a were certain parts of Boston large company: that you couldn’t go to. So even We’ve been talking about di- though I’m from the South, that versity for 30 years, and we’ve was very alarming to me. It was a been talking about getting tense time, but we had a cohesive more minorities and women in group of students and nice sup- upper-level positions, and it just port groups to help you manage hasn’t happened. And I fi nd that through the environment. distressing. And I think people I’ve heard it’s changed a lot in these positions, the CEOs over the years. and the COOs, just really have to commit to bringing someone She took a job at BET in 1986, a few along with them. In some com- The weekend featured a wide range of speakers, years after its launch, leaving the panies that just doesn’t happen including U.S. Attorney General Loretta Lynch law fi rm Steptoe & Johnson: because all the executives look ’84, who was interviewed by Dean Martha It was very risky. I felt like for the same, usually white males. Minow. the fi rst time I was stepping off I’m really proud of what we’ve the fast track. I’d gone to Har- done at BET in terms of training vard Law, I’d done a clerkship, minority executives and female I was working for a corporate executives and giving them law fi rm and now all of a sudden opportunities that they may not I was going to work for a small, have had at other places. But black-owned company that not that old boy system is really hard many people had heard of. I to break. was so excited about what BET did—the fact that they provid- Television now features far more ed programming for the Afri- diversity in its programming than can-American community, the it did when BET began, but the fact that I had grown up on great network still carves out its own brands like Ebony and Motown niche: A participant looks at an exhibit on the former and Essence. I decided that it We know our audience better HLS shield and the school’s ties to slavery in the was worth taking the risk and than anyone else. So our goal 18th century. See it at bit.ly/HLSshield. hoped that it worked out. My fa- is to produce programming ther said, “You’re doing what?!” that is the highest quality that But in hindsight, it was the best competes with anyone else out decision I could have ever made. there, that can be an authentic voice for our audience. We try to MARTHA STEWART (3) STEWART MARTHA She said she brings a diff erent stick to what we do and compete. voice to the job of CEO as a woman, I remember someone once told including an emphasis on strong me that competition helps make female characters in programming: the leader stronger. And I think I realized early on I’m in this that’s happening in our case. We position for a reason. Because are defi nitely still the leader. It’s of who I am. And I shouldn’t run a little more competitive right away from that. I shouldn’t try now. That’s good. We’re up to the to manage like a man or how I challenge.

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16-25_HLB_FA16.indd 21 10/12/16 3:37 PM In Celebration of Inspiration Sixteen years ago, HLS Professor David Wilkins ’80 organized the fi rst Celebration of Black Alumni. Ted Wells ’76

A partner and co-chair of the litigation de- partment at Paul Weiss, Ted Wells J.D./M.B.A. ’76 has successfully defended corporations in multibillion-dollar cases and public offi cials against high-profi le charges. He also has done signifi cant public service work, including with the NAACP Legal Defense and Educational Fund, and he was awarded the Charles Hamilton Houston Medal of Freedom at CBA.

He has attended every Celebration of Black Alumni: So many of us see ourselves as part of a long line of black lawyers who were educated at Harvard and went on to participate in social justice causes. Many of us don’t see ourselves as having gone to Harvard Law for strictly personal gain, but rather to join a much larger legacy of trying to make America better, trying to racially inte- At this fall’s event, Wilkins himself was celebrated with the HLSA grate America, trying to work for social justice Award, presented by HLSA Vice President James E. Bowers ’70 and and equality. Dean Martha Minow. He became close with Professor Derrick Bell, who taught him at HLS: Professor Derrick Bell used to tell us that if we were going to work for corporate America, we should not get lost in corporate America. He said we had an obligation on the one hand to try to integrate corporate America and be partici- pants in every part of the economy, but on the other hand we also had an obligation to play an active part in the African-American commu- nity. Part of his vision is that we would have people with social justice sensitivity who would sit on major corporate boards, who would be partners in major law fi rms, who would support our civil rights organizations.

African-Americans have made gains since the time he graduated, Wells says. And yet: The truth of the matter is that things have changed to a modest degree: Most major law fi rms now have one or two black partners. But the percentages are still extraordinarily low and increasing at only a glacial pace. So it’s not like we’ve had a big breakthrough that created a critical mass of black partners at big fi rms. It’s an ongoing struggle and hopefully at some point we won’t have to talk about such things. But that will probably be a long way from now. MARTHA STEWART (2) STEWART MARTHA

CBA Reunion Co-chairs Benjamin F. Wilson ’76, Kim K.W. Rucker ’93 His fi rst multibillion-dollar defense was on behalf of and Ron McCray ’83 helped to make this year’s celebration happen. Citibank:

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16-25_HLB_FA16.indd 22 10/12/16 3:37 PM It’s scary to stand in front of a types about my clients so that by Ted Wells is a No comment on Defl ategate. partner and jury and talk about the possibil- the end of a trial the jurors real- co-chair of ity of a jury returning a verdict ize that whatever happened in- the litigation He is at an age when many people against your client in the billions volves real people who have lives department retire. He is not retiring: at Paul Weiss. of dollars. It’s emotionally like anyone else and who should At CBA, he I like being a lawyer. I’m in- draining. I remember thinking be judged based on the facts and was awarded volved in the most interest- that the whole Citigroup board is not on their status as executives the Charles ing and complex cases in the Hamilton following my trial and that they of major corporations. Corpo- Houston country. I get up every morning had put their faith in me that I’d rations can’t do anything except Medal of excited about my cases and try- win the case. And I did. through their people. So you’re Freedom. ing to fi nd good solutions for my If you win enough cases, always trying to humanize your clients. I’m truly blessed. People people will fi nd your telephone clients. talk all the time about trying to number and hire you for more fi nd a job that you love and that cases. He received a lot of attention for his you’re passionate about. I have investigation into what has been found a practice that I’m pas- On appealing to a jury when defend- dubbed Defl ategate, an alleged sionate about, and I appreciate ing corporations: scheme by the New England Patri- how rare and fortunate that is. It’s my job to strip away stereo- ots to defl ate footballs:

Fall 2016 HARVARD LAW BULLETIN 23

16-25_HLB_FA16.indd 23 10/12/16 3:37 PM Sylvester In his inaugural address, he said Sylvester Turner ’80 Turner is that he doesn’t want two separate mayor of Houston. cities, of haves and have-nots. His initiatives include a program to Inaugurated as mayor of Houston at the beginning of the year, assist the chronically unemployed: Sylvester Turner ’80 leads the fourth largest city in the nation, Houston is a thriving, devel- with challenges including city fi nances, pensions and infra- oping, dynamic city. But in structure. A native of Houston, he previously served as a state the shadows of that economic representative and founded a law fi rm there. prosperity, there are still many communities that are operating in the margins. We’re working to reduce that income inequality.

24 HARVARD LAW BULLETIN Fall 2016

16-25_HLB_FA16.indd 24 10/12/16 3:37 PM Just Connect As part of the celebration, the Harvard Black Law Students Association organized mentoring sessions between students and alumni. We have to help people increase that you are approachable, ac- their skill set so they can take cessible and responsive, before advantage of the job oppor- those incidents occur. tunities available in the city. Communities that have been His mother was a maid; his father overlooked and under-resourced died of cancer when he was 13. for a long period of time we now They raised nine children in a have to give special attention to. two-bedroom home: They said that if we needed He is from one of those communi- something and they didn’t have ties, the Acres Homes community— it, they would tell you they were and he still lives there: sorry they didn’t have it. But I think it’s important for kids tomorrow will be better than in the same circumstances in today. Just keep working at it. which I grew up to see fi rst- Education was the key to getting hand that you can be born and us a better future. And they were reared in that neighborhood, or right. neighborhoods that are similar, My mom’s message was, We and still be successful, still rise may not have lived in the biggest up the economic ladder and still home, the high-priced home end up being the mayor of Hous- across town, but the neighbor- ton. And I think I can demon- hood contained all the essential strate that more by example ingredients to make you success- The Harvard chapter of BLSA was founded than just by rhetoric. ful. in 1967. Fifty years later, many of the original members returned to campus and were honored In a time of increased scrutiny of He was part of the fi rst wave of by generations of alumni who have followed. police relations with the Afri- school integration, when Afri- can-American community, he is can-American students from his focused on building trust: neighborhood were bused to a The community needs law en- white high school: forcement, and law enforcement They were seeing us for the fi rst needs the community. We’re all time, and we were seeing them on the same team working to- for the fi rst time. It was like two gether and not at odds with one universes—hot air and cold air— another. It’s important for the meeting at the same time, and police department to be diverse that created a lot of friction, a from top to bottom. It’s import- lot of fi ghts in the hallway. It was Professor Charles J. Ogletree Jr. ’78 is present- ant that we provide training on not good. But what we discov- ed the Celebration of Black Alumni Award by de-escalation, when police are ered is that once the parents got Dean Martha Minow, as keynote speaker Bryan confronting people out on the out of the way and allowed the Stevenson ’85 looks on. The award recognized streets in the communities. I’m kids to get to know one another, Ogletree as “a pioneer for social justice.” Last a very strong advocate of neigh- then over the next few years spring, Ogletree received the HLSA Award. borhood community policing so things started to settle down. that police can know people in We got to know them, and the the community and the commu- white students got to know us, nity can know the police in their and we discovered that we had areas. more things in common than MARTHA STEWART (3) STEWART MARTHA If at some point in time there’s otherwise. And as a result, by an incident involving the police the time I was in the 12th grade, that people believe is unwar- I was chosen president of the ranted or unjustifi ed, I think student body. From a rocky start, it’s important to speak very it turned out to be an excellent candidly, to be very transparent, ending. to be upfront. But also it’s more important for people to see that Lewis I. Rice is a Boston-area you are in the neighborhood, writer and editor.

→For more on CBA, go to bit.ly/HLSCBA16. Fall 2016 HARVARD LAW BULLETIN 25

16-25_HLB_FA16.indd 25 10/12/16 3:37 PM TRADE

PLUSES

and

PITFALLS

Trade experts weigh whether the U.S. should join the Trans-Pacific Partnership

BY ELAINE MCARDLE ILLUSTRATION BY MELINDA BECK

26 Fall 2016 Harvard Law Bulletin

26-37_HLB_FA16.indd 26 10/12/16 3:42 PM 26-37_HLB_FA16.indd 27 10/12/16 3:42 PM f all the issues engendering voter passion in the 2016 What would passing the TPP mean O U.S. presidential race—immigration, terrorism, Su- to the U.S.? preme Court appointments—perhaps none has been more surprising than global trade, especially the MICHAEL FROMAN ’91, U.S. highly controversial Trans-Pacifi c Partnership. trade representative: “I knew it would be a big election issue, but even I TPP delivers both signifi cant economic and was surprised by the number of ‘No TPP!’ signs at the strategic benefi ts for the U.S. On the economic Democratic National Convention,” says Mark Wu, an side, TPP levels the playing fi eld for American assistant professor at HLS, where he teaches inter- workers, cuts more than 18,000 taxes various national trade and international economic law. countries put on made-in-America products, Trade has changed tremendously over the past and puts in place historic labor, environmen- 20 years, Wu notes: Goods are increasingly manu- tal, and intellectual property standards that factured through global supply chains, services play ensure that our trading partners play by our a growing role in economies worldwide, and automa- rules and values—not China’s. These benefi ts tion and the digital revolution are upending econom- are particularly important because the U.S. is ic production. With negotiations at the World Trade an open economy. Our average applied tariff Organization at an impasse, countries are turning to is only 1.5 percent, and we don’t put up other mega-regional trade agreements like TPP. Michael barriers to imports. So whether we move for- The TPP would eliminate tariff s between the U.S. Froman ’91 ward with TPP or not, imports will continue and 11 other nations in the Asia-Pacifi c region that to come across our borders together make up 40 percent of the world’s economy. because our consumers de- President Barack Obama ’91 and Michael Froman ’91, mand them. But through whom the president appointed as U.S. trade repre- TPP we get the chance to help sentative in 2013, say it will strongly benefi t the U.S. level the playing fi eld for our by opening new markets and creating high-paying businesses and workers in jobs while protecting national security. Although the some of the fastest-growing TPP has minimal Democratic support in Congress, markets in the world. The Obama has indicated that he sees TPP as his legacy nonpartisan Peterson Insti- issue. He has promised to get the agreement passed tute for International Eco- during the lame-duck session after the November nomics found that TPP is es- election, using a special “fast track” authority grant- timated to increase exports ed by Congress last year. by over $350 billion each year It may be TPP’s only chance. Both by 2030 and is estimated to create over $130 (who once supported it) and Donald Trump have billion in additional real income each year by made opposition to TPP a campaign issue, as did 2030, with more than half of the gains going Bernie Sanders. An unusually broad base stands with to workers in the form of higher wages. them, including labor unions, environmental groups, On the strategic side, TPP is the high- faith groups, internet freedom groups, farming com- est-standard trade agreement in history, and munities and many in the LGBT community. They say it will establish rules of the road to ensure it will increase outsourcing of American jobs and lead that tomorrow’s global trading system is con- to lower wages. U.S. Sen. Elizabeth Warren, a former sistent with American values and American HLS professor, is among those who especially object interests. to TPP’s Investor-State Dispute Settlement sys- TPP presents a choice, but it’s not between tem, which allows corporations to challenge Ameri- the status quo and TPP. It’s between TPP and can laws and adjudicate complaints not in American a more statist, mercantilist approach. In courts but before an international tribunal of three fact, right now China is racing ahead to com- arbitrators. plete RCEP [the Regional Comprehensive For insight on the complex issues of the TPP, the Economic Partnership], its mega-regional Bulletin interviewed HLS alumni who are at the cen- agreement that covers 16 markets, from India ter of the debate. to Japan. It would carve up these markets at our expense and, unlike TPP, it doesn’t pro- tect worker rights or enhance environmental standards. It doesn’t have strong intellectual property rights enforcement. It doesn’t put disciplines on state-owned enterprises or en- sure a free and open internet.

28 HARVARD LAW BULLETIN Fall 2016

26-37_HLB_FA16.indd 28 10/12/16 3:42 PM LORI WALLACH ’90, director ger labor and environment com- of at “Through TPP mitments, and how it ensures that Public Citizen: the U.S. and not China is writing The dirty secret about we get the the rules of trade for the Asia-Pa- TPP is that it’s branded cifi c region. as a trade agreement but chance to help only six of the 30 chapters WALLACH: have anything to do with level the playing It’s 50/50 because the president trade. It was negotiated be- won’t use fast track to submit legis- hind closed doors for sev- field for our lation unless he has the votes, and en years with 500 official right now [September] he does not U.S. trade advisers who in the House. So he’s working super represent corporate inter- businesses and hard to get them. They do not want ests, and with the press, public debate on the TPP because the public, and Congress workers.” half of the public is unaware of locked out. it—after seven years of secret ne- The reason economists gotiations—but all the polls show including Robert Reich and Joseph Stiglitz, that once the public knows about it, they be- who supported NAFTA and other past pacts, are come opponents. So they are dispatching Cab- against TPP is because there are no trade gains inet secretaries and CEOs to be had! It involves 11 other countries, six of to congressional districts to which we already have zero tariff s with because target House members they we already have trade deals with them. … With think they can get to vote for Japan, their average weighted tariff is less than 2 the TPP so they can do this in percent, and of the remaining countries, such as the lame-duck session under tiny Brunei or New Zealand, there’s just not a lot the radar. Do I think they will there as far as new markets for the U.S. have the votes in the end? I So what’s hiding in there that’s not about think they won’t. trade? Stuff that would make the free-trade phi- losophers like Adam Smith and David Ricardo Critics say trade agreements roll in their graves: patent extensions to create exacerbate income inequality monopolies, stop competition, and keep prices in the U.S.—that corporations high for medicine and technologies; extensions gain from them but the working class bears the Lori of copyrights that make textbooks more expen- brunt of job losses. Your thoughts? Wallach ’90 sive; limits on internet freedom—things that those industries tried to get done in Congress FROMAN: and failed. As part of the bipartisan Trade Promotion Au- thority legislation passed in 2015, Congress Do you believe President Obama can commissioned a study from the independent get the TPP passed during the U.S. International Trade Commission to look at lame-duck session? exactly this. First, the commission looked at TPP and found that it would deliver an estimated $43 FROMAN: billion in real GDP gains each year by 2032, with The TPP can absolutely pass Congress this year, two-thirds of that income going to workers in the and the president is far from being alone in form of higher wages and additional job oppor- his commitment to seeing that it does. There tunities. The ITC report also estimated about is a large and diverse coalition of support—in- $14 billion a year by 2032 of additional purchas- cluding mayors, governors, farmers, ranchers, ing power above and beyond the wage increases, small-business owners, tech companies, mili- some of which were due to reduced U.S. tariff s tary offi cials and many more—who believe TPP on imported goods. The Peterson Institute also must pass this year. They’re interested in things has projected that TPP will deliver higher wages, like how TPP cuts tariff s as high as 38.5 percent which is consistent with the fact that export jobs on beef exports for the cattlemen in their dis- pay, on average, 18 percent higher wages than tricts, or how it cuts tariff s as high as 70 percent nonexport jobs. on made-in-America auto exports. They’re inter- The second congressionally mandated study

WALLACH: PHIL FARNSWORTH WALLACH: ested in how it renegotiates NAFTA with stron- that the ITC did looked at all modern trade

Fall 2016 HARVARD LAW BULLETIN 29

26-37_HLB_FA16.indd 29 10/12/16 3:42 PM agreements together to see entail making tweaks and then reversing her how they have impacted the opposition, as did on NAFTA? economy and American work- ers. What they found was that JAMES MENDENHALL ’92, partner at trade agreements have in- Sidley Austin in the international trade creased U.S. employment and and dispute resolution group, and increased wages. They also former general counsel of the USTR: found that trade agreements If Clinton wins, I think she will have to bring resulted in billions in tariff home some changes to the agreement. Given savings and that a signifi cant what she has said during the campaign, I see no part of that savings bene- other realistic way forward for her. However, the fi ts low- and middle-income magnitude of those changes—and how they will James consumers. The report also found evidence that be implemented—is unclear. Maybe there will Mendenhall ’92 trade agreements can serve to reduce off shoring, be side agreements, a diff erent type of informal as U.S. businesses are incentivized to locate pro- understanding, or something else. The U.S. and duction and manufacturing in the U.S. its trading partners need to be creative. This There is no doubt that forces like globalization will not be easy for our trading partners. They and automation have created challenges and believe they have cut a deal, and that the bar- economic anxiety. The choice we face is what we gains and compromises have been struck. They do about those forces. We can either yell at the may feel that it is unfair to be asked to change tide as it comes in, or we can proactively shape the agreement, or that they cannot agree to globalization. High-standard changes without appearing weak. Frankly, those trade agreements, like TPP, are all legitimate concerns. How would the U.S. are how we shape globali- feel if all of its TPP partners turned around and zation to make it work for now demanded changes? So, creativity will be American workers. needed to meet all of these confl icting demands. But I believe the parties will fi nd a way forward. REP. SANDER LEVIN ’57 [These are Mendenhall’s personal opinions and (Democrat-Michigan, 9th not those of his fi rm.] District): Trade is not the only fac- ROBERT ZOELLICK J.D./M.P.P. ’81, tor that has exacerbated U.S. trade representative, 2001-2005; income inequality, but it is former president of the World Bank; and one of them. I urged the In- former deputy secretary of state: Sander ternational Trade Commission to go beyond its The statements of Secretary Clinton and her Levin ’57 traditional analysis and assess the impact of campaign have become increasingly hostile competition between very diff erent economic to TPP. I suspect she will not be able to reverse structures, including that on income inequality. course for years, until events and messages Their report essentially failed to do so. It deter- from the region drive home the economic, po- mined that TPP could bring about a quite incon- litical, and security implications of failure. sequential growth in U.S. GDP of about one half The U.S. government could address some TPP of 1 percent over many years; at the same time, issues through side understandings with other Robert it came up very short in assessing the impact on countries without changing the agreement. The Zoellick ’81 growth in jobs, specifi cally in vital sectors of the Obama administration is working on some of American economy, as well these issues now. as in the growing income in- The largest and most controversial issue that equality in the U.S. might change congressional minds relates to the “manipulation” of exchange rates. The GATT/ Donald Trump opposes the WTO and IMF articles recognize that currency TPP; Hillary Clinton initially and exchange rate policies can nullify the ben- supported it. Now Clinton and efi ts of lower trade barriers, but neither institu- Trump say they will seek a tion has been able to address the problem. Some better deal than the one that worry whether rules about “manipulation” could the Obama administration be triggered by monetary policies. Fred Berg- secured on the TPP. If Clinton sten at the Peterson Institute for International

wins, do you think this will Economics has worked on proposals that would DEAL DAVID ZOELLICK:

30 HARVARD LAW BULLETIN Fall 2016

26-37_HLB_FA16.indd 30 10/12/16 3:42 PM establish standards for determining a “manipu- U.S. did not take a national security exception to lator” and has suggested possible remedies, TPP rules that allow foreign investors new rights including counter currency intervention. Fi- to acquire land, fi rms, natural resources, infra- nance ministers (and central bankers) will not structure, and other investments in the U.S. want to deal with exchange rate issues through and operate them. So if the Committee on For- trade agreements. If a workable set of standards eign Investment in the U.S. has national securi- is accepted, however, countries might agree to ty concerns about a foreign company making a “norms” of behavior, as G-7 fi nance ministers U.S. acquisition, that company can drag the U.S. have done in the past. Based on the experience of into an extrajudicial investor-state tribunal [the the past 70 years, such a “fi x” of a systemic prob- ISDS] that’s empowered to second-guess the U.S. lem has usually fi rst required a combination of government on what constitutes an essential na- U.S. unilateral action and diplomacy. tional security interest and order compensation if that prospective investment is halted. What are the geostrategic implications of the TPP? KELLY WELSH ’78, U.S. general counsel, U.S. Department of Commerce: ZOELLICK: I don’t think the geopolitical concern is over- TPP is seen across Asia as a signal that America’s blown. … It’s fair to say that leaders from other growing economic interests will be aligned with TPP countries—and other its security alliances and interests. At a time that Asia-Pacifi c countries hoping many Americans recognize that the application to join the TPP in the future— of U.S. military force, however critical at times, view TPP as a test of U.S. lead- cannot solve all international problems, it is a ership and of its commitment great mistake for the U.S. to retreat from eco- to the Asia-Pacific region. nomic diplomacy. President Obama through- out his administration has WALLACH: emphasized the importance The argument of last resort for every trade of the U.S. relationship with agreement, when the economic argument fails, Asia to our country’s future. is a national security scare tactic. The foreign Rejecting TPP would serious- policy scare tactic is used to displace the public’s ly undercut that relationship, attention from what the trade agreement is real- and cede infl uence to other countries in the re- Kelly ly doing for our country: empowering thousands gion. Welsh ’78 of multinational corporations to sue the U.S. government in front of three corporate lawyers LEVIN: to collect unlimited sums of taxpayer money if There are always potential geostrategic aspects they don’t like our laws; making it easier to off - related to a trade agreement. But as I have urged shore more U.S. jobs by proving special inves- regarding all of them, beginning with NAFTA, tor protections; undermining the regulations trade agreements need to stand essentially on needed to ensure the stability of our fi nancial their own merits. Congress created the USTR system; flooding us with over 50 years ago because it didn’t unsafe foods. If you don’t like how the State Department want people looking at that, “The primary was allowing foreign policy to in- holler, “China!” fluence our trade negotiations. Even worse, TPP could issue must be, Moreover, in the world today more actually harm our nation- than ever, I don’t see how a trade al security interests. TPP what will be agreement can be lastingly in our eliminates language in past national security interest if it isn’t trade pacts that authorized TPP’s impact on in our economic interest. The pri- the U.S. to protect its own mary issue must be, what will be national security interests TPP’s impact on Main Street (not even if they violated trade Main Street (not on the South China Sea)? pact rules, and to do so with- out facing trade sanctions. on the South Elaine McArdle is a writer based Inexplicably, unlike other in Portland, Oregon, and a regular TPP signatory nations, the China Sea)?” contributor to the Bulletin.

Fall 2016 HARVARD LAW BULLETIN 31

26-37_HLB_FA16.indd 31 10/12/16 3:42 PM TRADE

SURPLUS

New opportunities at HLS for students interested in the field

Assistant Professor Mark Wu specializes in international economics and trade law.

32 HARVARD LAW BULLETIN Fall 2016

26-37_HLB_FA16.indd 32 10/12/16 3:42 PM his past spring, World Trade T Organization Appellate Body Chair Thomas Graham ’68 and HLS Assistant Professor Mark Wu, an expert in international trade, convened more than 175 scholars, government offi cials, and lawyers from around the world to discuss

the future of the Appellate Body of STEWART MARTHA the WTO, the intergovernmental internships and working on research papers. Trade plays a organization that governs world central role in “Being prepared to engage with trade law and Mark Wu’s class trade. The conference, which policy in the 21st century requires understand- on U.S.-China included more than 50 Harvard ing the diverse array of perspectives of your economic relations. Law School alumni, aired views counterparts from around the world,” says Wu. from diff erent sides on whether the This fall, he is teaching a seminar that ex- amines the role and limits of law in resolving WTO dispute-settlement system is contentious trade issues between the U.S. and working well and how to improve it. China. Students in a course at China’s Tsing- hua University School of Law are also looking at “Harvard alumni have always played an im- those issues. Through videoconferences, the two portant role in shaping trade rules, litigating groups of students are exchanging views and dis- trade cases and monitoring trade’s impact on cussing ideas with one another. the public interest,” says Wu, whose extensive In the clinical arena, Katrin Kuhlmann ’96 experience includes serving previously as the takes students to Africa through the New Mar- director for intellectual property in the Offi ce kets Lab, the nonprofi t, she founded to pioneer of the U.S. Trade Representative and now as a an inclusive approach to economic legal and reg- principal liaison to the Trade and Environment ulatory reform in developing markets. Policy Advisory Committee, organized by the “I think it is wonderful that HLS is putting a USTR and the Environmental Protection Agen- focus on international trade law,” says Bill Busis cy. “Since joining the faculty, I’ve wanted to ’87, deputy assistant U.S. trade representative make sure that our students have opportunities for monitoring and enforcement in the Offi ce of to connect with these alumni and understand General Counsel at USTR. “This area of inter- our rich leadership tradition in this fi eld.” national law is arguably the most dynamic and International trade traditionally has been a meaningful in the entire fi eld.” Harvard Law School strength, but since Wu’s ar- In 2011, students in Wu’s international trade rival at HLS in 2011, educational opportunities law class launched a WTO moot court team, for in the fi eld have exploded. Wu teaches a fi rst- which he serves as faculty adviser. The team won year class on law and the international econo- the North American regionals in its fi rst four my and an upper-level class on international years, placing second and third in the global fi - trade law. Last year, his international trade law nals. Students also started a Foreign Direct In- seminar focused on contentious issues in the vestment moot court team, and the 2013 team Trans-Pacifi c Partnership negotiations and placed fi rst in the Foreign Direct Investment ongoing WTO cases. Students discussed their International Arbitration Moot competition in views with Matthew Yeo ’94, an advocate before Germany. the WTO. They also worked in teams to perform Just last year a new student organization that a moot argument in front of Professor Seung focuses on international arbitration was formed Wha Chang LL.M. ’92 S.J.D. ’94, a member of the at Harvard Law School. It joins the Harvard In- WTO Appellate Body. In recent years, Graham, ternational Law Journal, the Harvard Asia Law along with former WTO Appellate Body member Society, the HLS China Law Association, and the Jennifer Hillman ’83, as well as Brazil’s secre- Harvard Law and International Development tary of foreign trade, and the European Union’s Society, which all organize talks and panel dis- and China’s trade litigators, have spoken at HLS. cussions related to trade, investment, and devel- Several alumni have mentored students doing opment. —E.M.

PHOTOGRAPH BY DANA SMITH Fall 2016 HARVARD LAW BULLETIN 33

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26-37_HLB_FA16_r1.indd 34 10/17/16 10:31 AM Todd Stern ’77 caps two decades of work to curb climate change with the landmark Paris accord

By Seth Stern ’01

Photograph by Brooks Kraft

35

HARVARD LAW BULLETIN Fall 2016

26-37_HLB_FA16_r1.indd 35 10/14/16 12:22 PM WO DECADES OF WORK by Todd Stern ’77 to combat Clinton and then as White climate change was about to come to fruition last House Staff Secretary John December in suburban Paris, where 195 countries Podesta’s deputy before had reached a landmark agreement to curb replacing him in 1995. It greenhouse gas emissions. was in that role, Stern says, T that he cut his teeth on cli- Then Stern, at the time the State Department’s mate change, when he was chief climate change negotiator, started reading the asked to work with a group fi nal agreement text and noticed something was wrong. A key passage preparing for the Kyoto said developed nations “shall” reduce emissions rather than “should,” as conference. in previous drafts. The change threatened to unravel a deal that hinged “I learned that the mul- on each country deciding for itself how deep to cut emissions. tilateral climate process was very acrimonious, with a sharp divide between For 90 minutes, Stern— to reach a climate deal. developed and developing along with his boss, Secre- “Todd has been creative, countries, and that it was On the 13th day of what tary of State John Kerry, fl exible and steady as a really diffi cult to have calm was intended to be 12 and other top U.S. offi cials— rock,” said HLS Professor and reasoned exchange of huddled with key foreign Jody Freeman LL.M. ’91 ideas in the setting of the days of negotiations, counterparts, successfully S.J.D. ’95, who served as big year-end conferences, Stern fi nally thought to preventing a single word Obama’s top climate change which are fairly chaotic and from derailing the agree- adviser in 2009-2010. “He cacophonous, with literally himself: “Oh my God, ment. deserves a lot of credit.” thousands of players,” Stern we’re going to get this The error proved to be the Environmental law and said of his experience in last obstacle among so many international diplomacy Kyoto and the following year done. After all these in the 18 years since Stern didn’t fi gure early in Stern’s in Buenos Aires, Argentina. years, this is actually joined a Clinton adminis- career. He started out as a The Kyoto agreement tration team preparing for legal aid attorney and then adopted in December 1997 happening.” an earlier round of talks in shifted to corporate law at mandated binding reduc- Kyoto, Japan. Paul Weiss before realizing tions in carbon emissions In the intervening years, he “had an itch for more for developed countries, but Stern played a pivotal role public-minded and politi- it included no mandatory in developing the U.S. cal” work. standards for developing approach and ultimately He worked on the pres- countries. The Senate never quarterbacked the eff orts of idential campaigns of Mi- ratifi ed the treaty, and President Barack Obama ’91 chael Dukakis ’60 and Bill President George W. Bush withdrew from the accord entirely soon after taking offi ce. Under the Stern thought a lot about Paris accord, what went wrong both for the first time, nearly substantively and politically every country, with the Kyoto agreement both developed during the Bush adminis- and develop- ing, committed tration, while a partner at to lowering WilmerHale and a senior greenhouse fellow at the Center for gas emissions in an effort to American Progress. curb climate “What is enshrined change. in Kyoto is a quite stark division between developed and developing countries with everything targeted at developed countries, and developing countries

weren’t asked to do any- 37) VIA AP (P. USA 36); SIPA LENNIHAN (P. AP PHOTOS/MARK

36 HARVARD LAW BULLETIN Fall 2016

26-37_HLB_FA16_r1.indd 36 10/14/16 11:51 AM Secretary of State John Kerry, at the U.N., holding his granddaughter as he signs the landmark cli- mate accord, negotiated in France last December

thing,” Stern said. “From time” and set out to develop the fi rst universal lasting a substantive point of view a stronger relationship with climate regime that is really that can’t work, and from his Chinese counterpart, applicable to all parties.” a political point of view Xie Zhenhua, during dozens Much remains to be done there just wasn’t support for of formal meetings and in implementing the accord an arrangement in which more informal interactions. to ensure the pledges made China and other big players He traveled to Xie’s home- by countries are met, and were not being asked to do town in China, took him to a with China’s negotiators in hopefully, exceeded, said anything.” Cubs game in , and the 1990s. Bern Johnson ’87, executive Stern had an opportunity hosted a dinner at his home “Todd was just steady. He director of the Eugene, Or- to apply those lessons when with his wife and sons. wouldn’t let them leave the egon-based Environmental Secretary of State Hillary “I don’t want to overdo room. He wouldn’t get emo- Law Alliance Worldwide. Clinton named him her it: Countries act based on tional. He just kept driving But Johnson said Stern chief climate change envoy interests, not because their through that meeting with and his Obama adminis- in January 2009. guy likes our guy,” Stern patience, perseverance, and tration colleagues deserve He got his fi rst sense of said. “On the other hand, a relentless but polite way credit for what they have how much global counter- it’s also true that if you build that ultimately led to a very already accomplished. parts welcomed the Obama trust between two people long and productive meet- “The Paris agreement administration’s engage- who are dealing with each ing because of his refusal to is a huge step in the right ment at a conference in other and build some aff ec- let the meeting go south,” direction, and the Obama Bonn, Germany, in March tion on top of that trust, Ballentine said. “That kind administration should be 2009, when hundreds you’re going to have a better of patience and determina- applauded for meeting that of attendees gave him a chance of fi nding common tion served him very well extremely diffi cult chal- stand ing ovation. ground.” when he ultimately did the lenge,” Johnson said. “You “I told him, ‘Enjoy it. Stern’s outreach and Paris negotiations.” always hope they do more, That’s the last standing months of quiet negotia- Stern said it wasn’t at all but on balance the Paris ovation you’re going to get. tions helped lead to a joint certain that a deal was going agreement looks awfully Now you have to deliver the agreement in November to happen in Paris until the good.” goods,’” said Alden Meyer, 2014 between the U.S. 13th day of what was intend- Stern left the State director of strategy and and China to curb carbon ed to be 12 days of negotia- Department in the spring, policy at the Union of Con- emissions, a step—along tions. “I remember sitting shortly before a United cerned Scientists. with multiple layers of other in my seat, thinking, Oh my Nations ceremony where The initial euphoria had bilateral and multilateral God, we’re going to get this dozens of countries signed worn off by the time 115 negotiations—that helped done,” Stern said. “After all the climate deal. world leaders gathered in pave the way to the Paris these years, this is actually He said he’s happy to Copenhagen, Denmark, deal. happening.” have more time at home nine months later. The talks “Todd was the day-to-day Under the Paris accord, with his wife and three sons ended without any agree- quarterback calling the nearly every country—both after spending three to four ment to reduce emissions, plays and giving the sig- developed and developing— months a year on the road. but they helped lay the nals,” Meyer said. “People agreed to lower greenhouse He’s co-teaching a course groundwork for later suc- in the administration gave gas emissions, with each on climate negotiations and cess in Paris, Stern said. a lot of deference to Todd country determining its climate change at Yale Law Still, Copenhagen repre- on negotiating dynamics, own targets. But countries School this fall and has no sented a low point for the where other countries’ will be legally required to plans to join the new admin- Obama administration’s redlines were, where their monitor emission levels and istration should Hillary eff orts to reach a deal, sweet spots were, and how to report publicly on a regular Clinton be elected. particularly when it came get to yes.” basis on the progress of But don’t expect him to to relations with China, Roger Ballentine ’88, their eff orts and on whether stay away altogether. which felt unfairly blamed president of Green Strate- cuts meet their targets. “He’s got too much skin in for the outcome. (A Chinese gies, who succeeded Stern “We accomplished a the game to sit on the side- negotiator called the U.S. a as the Clinton administra- great deal and indeed, lines and not be a player,” “preening pig” at one subse- tion’s climate change coor- honestly, more than we even Meyer said. quent bilateral session.) dinator, recalled another expected,” Stern said at a Stern said he wanted to hallmark of Stern’s success Brookings Institution event Seth Stern ’01 (no relation make sure the two nations that he witnessed during an in December soon after to the subject of this story) is were “more synced up next earlier round of hostile talks returning from Paris. “It’s an editor at Bloomberg BNA.

Fall 2016 HARVARD LAW BULLETIN 37

26-37_HLB_FA16_r1.indd 37 10/14/16 12:27 PM NEW TECHNOLOGY ON THE OBL CK

Exploring the legal and regulatory implications of the blockchain

BY MICHAEL FITZGERALD ILLUSTRATION BY MICHAEL WARAKSA

38 Harvard Law Bulletin / Fall 2016

38-48_HLB_FA16.indd 38 10/12/16 3:45 PM Fall 2016 HARVARD LAW BULLETIN 39

38-48_HLB_FA16.indd 39 10/12/16 3:45 PM In a global

economy with increasingly far- fl ung workforces, companies often need to pay contract workers in other countries. They can do it the conventional way, involving processing an invoice and either cutting a check or collecting and managing direct-deposit data. Along the way, currency has to be converted, meaning a middleman is paid a percentage to make the exchange. Or companies can pay in bitcoin. The payment with the digital currency is immediate, and if the worker lives in a country such as India that has a bitcoin exchange, there are minimal fees to convert. Compared with conventional banking, it is simpler, cheaper and faster.

By now, many people are familiar with bitcoin. What’s less well known is the currency’s techno- logical underpinning, the blockchain, an emer- gent technology that could reshape fi nancial and property markets, and the legal frameworks that support them. They certainly are familiar with the term at HLS’s Berkman Klein Center for Internet & Society. In fact, Primavera De Filippi came to Harvard Law School THE BLOCK- in 2013 as a research CHAIN’S fellow at the center POTENTIAL specifi cally to pur- USES ARE sue research on the MUCH blockchain. She is BROADER particularly interested THAN JUST in new technologies BITCOIN. that operate without centralized control,

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Harvard Law Bulletin / Fall 2016

38-48_HLB_FA16.indd 40 10/12/16 3:45 PM Prima De Filippi is particularly interested in technologies such as the blockchain that operate without centralized control. She first came to the HLS Berkman Klein Center to study the blockchain in 2013.

41

Photograph by Jessica Scranton

38-48_HLB_FA16_r1.indd 41 10/14/16 11:55 AM While at HLS, Christopher Crawford ’16 worked as a student fellow with Prima De Filippi at Berkman Klein. He was also involved in a class at MIT, where he and other students launched a blockchain startup.

42 Harvard Law Bulletin / Fall 2016

38-48_HLB_FA16_r1.indd 42 10/14/16 11:53 AM and the blockchain is such a technology. It is not a stand-alone platform, like an operating system, but an essential component of digital transac- tion software. The blockchain provides a new way of recording transactions, through a shared, trustworthy ledger, open to all and controlled by no one person or entity. Though it was an obscure technology when she started studying it, De Filippi was fascinated by its potential. “Lots of technologies don’t add anything, or they add micro incremental innovation,” she says. “The blockchain is highly innovative.” That’s why she fi rst came to Berkman Klein, after fi nding little interest in the topic among colleagues in France. They are more interested now as the block- chain, and its potential for more effi cient trans- actions, gain visibility. The U.S. government recently awarded $600,000 in blockchain-related development grants and has suggested that the technology could even be used for secure health care record-keeping. Meanwhile, in August, the United Kingdom approved a blockchain platform for use by government THE agencies across the BLOCKCHAIN country. PROVIDES The blockchain A NEW raises fascinating WAY OF legal questions, about RECORDING both transactions and TRANSAC- property, says Patrick TIONS. Murck, a fellow at the Berkman Klein Center, who previously was co-founder of the Bitcoin Foundation (it paid him entirely in bitcoin, which worked fi ne until his kids started going to day care, he quipped). “Bitcoin is interesting not because it’s digital money but because it’s digi- tal property,” says Murck, noting that bitcoins are actually tokens generated and validated by computer, and property rights can be tied to those tokens. While the blockchain is most closely associated with bitcoin—the two were released together in 2009—its use is not limited to currency. Music companies are experimenting with using it for tracking online transactions, and an open source group called Ethereum has built a blockchain-based platform for managing contracts that also includes a digital currency, or token, called Ether. What it doesn’t have is much of a legal frame- work. De Filippi and, separately, Murck convened a series of meetings over the last few years to address that. De Filippi’s initially involved most- ly Boston-area participants from the Berkman Klein Center and the HLS community and MIT

43

Photograph by Jessica Scranton

38-48_HLB_FA16_r1.indd 43 10/14/16 11:54 AM (for example: bit.ly/coalaworkshop), before she broadened the gatherings’ scope. Murck brought together members of the bitcoin community with fi nancial companies, technology fi rms, lawyers and regulators for a series of meetings called Shared Ledgers Roundtables. All of the meetings were designed to explore the legal framework needed for the blockchain to work safely, and to prevent fraud. What is the blockchain? The blockchain might sound like a good name for a band, but the name comes from its function. A bitcoin, for instance, is a block of code. That block includes data about when it was made, and when it is used for a transaction. Every time a transaction is made with a block, it is recorded, like a page in a ledger. Each time the block is used for a new trans- IT’S A action, it results in a SHARED, new block, which also TRUST- includes the records WORTHY of its past blocks—in LEDGER, other words, a chain of CONTROLLED blocks. BY NO ONE That ability to show PERSON. a record of all of the blockchain’s trans- actions actually involves two distinct technolo- gies, says HLS Professor Jonathan Zittrain ’95, director and faculty chair of the Berkman Klein Center. The fi rst creates a public ledger, where transactions are recorded in a transparent way on all of the computers that are in the network. The second technology allows the ledger to work, even though it is “unowned” by a company or a government institution; instead, a community of people validate each transaction, weighing in on whether it is counterfeit. Zittrain says that users of bitcoin (the most prevalent blockchain technology) and “miners”— technically savvy individuals who use their com- puters to release and verify new bitcoins—vali- date the ledger but don’t control it. He calls this intriguing, in part because there is no trusted central institution such as a bank or government agency involved. But it is also unsettling, he adds, in that it was created because of a distrust of tra- ditional fi nancial systems and a desire to conduct transactions outside of them. “A world with no trust of even mature fi nancial institutions and systems is a troubled world indeed,” Zittrain says.

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Harvard Law Bulletin / Fall 2016

38-48_HLB_FA16_r1.indd 44 10/14/16 11:54 AM The blockchain raises fascinating legal questions about both transactions and property, says Patrick Murck, a fellow at the Berkman Klein Center. He and Prima De Filippi have each convened a series of conferences to address these issues.

45

Photograph by Jessica Scranton

38-48_HLB_FA16.indd 45 10/12/16 3:45 PM The blockchain’s regulation is a fast-emerging area of legal focus, says Travis West ’16, who recently joined Steptoe & Johnson. In August, the firm opened a blockchain practice.

46

Photograph by Brooks Kraft

38-48_HLB_FA16_r1.indd 46 10/17/16 12:02 PM It also works only as long as no single entity controls more than 51 percent of the comput- ing power used to maintain the ledger, which would in theory corner the market. Each bitcoin transaction is accepted or denied by a majority of miners, and if one entity wields more than half of all bitcoin power, it could dictate which transac- tions are verifi ed or denied. There are safeguards to ensure this doesn’t happen, and they’ve held up so far, but they aren’t fail-safe, Zittrain says. In a blockchain-based transaction, property exchanges take place without intermediaries. That means you $600,000 IN wouldn’t have to wait BLOCKCHAIN- three days for a trade RELATED to clear, or longer to GRANTS resolve a mortgage. By HAS BEEN comparison, the exist- AWARDED BY ing system of fi nancial THE U.S. institutions is not GOVERNMENT. effi ciently networked, and that slows many kinds of transactions. But the transactions can be verifi ed and certifi ed (as in the passing of a car’s title, for example). In the blockchain world, basic questions still exist about how proof of ownership of property would be transferred from one person to another in a transaction conducted in bitcoin. In the traditional fi nancial system, govern- ments provide backstops—for example, courts for enforcing property rights, or deposit in- surance and bailouts for covering losses. In the blockchain environment, government gatekeep- ers and backstops don’t exist.

The market value of the blockchain Still, its effi ciencies have drawn the interest of large companies. A recent report projected that blockchain usage could save $6 billion a year globally in transaction settlement costs for the securities industry alone, and potential applica- tions are much broader than for that industry. HLS Professor Howell Jackson ’82, a specialist in fi nancial regulation, notes, for example, that when people make purchases with credit cards, retailers give a percentage of the sale to the credit card provider. Blockchain transactions could eliminate such fees, improving speed and reduc- ing the cost of buying things. The broader potential savings are big enough that “it’s worth trying to fi ddle with fi nancial

47

Harvard Law Bulletin / Fall 2016

38-48_HLB_FA16_r1.indd 47 10/17/16 10:24 AM regulatory structure,” Jackson says. In his course intermediaries like Amazon introducing students to regulation of fi nancial insti- THERE ARE or Apple. “I have no idea what tutions, he uses the blockchain to get them thinking NOW FEW people will establish in terms about how fi nancial systems work and how they could be PROTECTIONS of new forms of property and changed. But he warns that poor execution of a blockchain IN PLACE property rights. It’ll be kind of IN THE environment could put trillions of dollars’ worth of mone- wild,” says Murck. BLOCKCHAIN tary value at risk of being corrupted or hacked. Some of the ideas discussed ENVIRON- Such events have already occurred on a smaller scale. MENT. in these conferences have been In 2014, some $460 million worth of bitcoin was stolen pursued further. Murck, who is from Mt. Gox, a now-defunct bitcoin exchange. In June, a fellow at Berkman Klein for the fl edgling venture capital investment network DAO a second year, has embarked on a project, the Digital was fl eeced out of $50 million in Ether, or one-third of its Finance Initiative, to defi ne a database of blockchain value. technology that can be used to challenge claims of patents on bitcoin, and a separate database of all the regulations and laws pertaining to the blockchain. Regulating something If the blockchain continues to grow, the law will have to change dramatically, says Christopher Crawford ’16. A created from nothing former student fellow at Berkman Klein, where he worked But how to regulate a fi nancial platform meant to exist with De Filippi, he also studied with Howell Jackson, who without government? It is not even entirely clear who encouraged him to take a FinTech Ventures class at MIT. developed the blockchain. Its originator is said to be Through that class, Crawford and his team launched a named Satoshi Nakamoto, but this has long been thought blockchain startup that makes international transactions to be a pseudonym, and the real creator’s identity remains easier for small and medium-sized businesses in a subject of speculation, despite claims earlier this year international trade. Crawford has now left the startup by an Australian technologist named Craig Steven Wright to focus on a clerkship, but the venture, which they that he is Nakamoto. called Eximchain, has won several startup competitions. The blockchain’s regulation is a fast-emerging area “The law intersects with the blockchain in many, many of legal practice, says Travis West ’16, who was Murck’s diff erent ways,” says Crawford. Money and asset transfer research assistant last year. This fall, West joined Steptoe are obvious areas for the application of law to the & Johnson’s offi ces in Washington, D.C. In August, the blockchain. But he also cites contract and deed registry as fi rm launched a blockchain practice to help it advise examples of innovative uses of the platform. All of these clients on this murky area of the law. “It’s a very hot legal potential applications raise interesting new regulatory area,” he says. “Two years ago nobody but Patrick was questions. talking about it. Now it comes up at almost every law- Harvard Law will continue to be engaged in answering related fi nancial conference.” them, says De Filippi, a permanent researcher at the National Center for Scientifi c Research in Paris and an associate at Berkman Klein, who now splits her Convening time between the two organizations. In addition to the seven conferences she has organized around the world, arms including one that will take place in Kenya in December, The meetings that HLS convened on the blockchain she’s co-founded COALA, the Coalition of Automated covered transaction settlements, blockchain patents and Legal Applications, which brings together lawyers, their potential impact, product licensing rights under bit- engineers and entrepreneurs to work with regulators coin, and fi nancial crimes in the blockchain environment. to resolve blockchain questions. Harvard has given “We see lots of conversations going on out there about credibility to her work, she says, and its network and the technical architecture of the blockchain,” says Clinical convening power have made it easier to bring disparate Professor Chris Bavitz, managing director of the HLS groups together. Cyberlaw Clinic at Berkman Klein. It’s important, he says, Murck says next steps for him are convening a to also focus on law and policy. conference on the blockchain and intellectual property One conference focused on how product licensing and putting together publications in response to ideas rights would be aff ected by blockchain transactions. The that came out of the earlier gatherings. For now, he’s blockchain could mean that people can possess tokens excited to be at the very beginnings of a new fi eld of law. for things like digital music or digital books and give those tokens to someone else. That transfer of property Michael Fitzgerald, who has written extensively about and its terms would be executed and documented technology and innovation, is now articles editor at The in the blockchain, eff ectively removing the need for Boston Globe Magazine. 48

Harvard Law Bulletin / Fall 2016

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A CITIZEN’S CONSTITUTION Khizr Khan reminds a nation of its founding principles

On the stage of the Democratic tracts in Africa, and forged National Convention, one Gold At the Democratic Nation- a friendship. al Convention, Khizr and Star father invoked the words of Ghazala Khan stepped out Smith, now a professor the Founding Fathers, and just from behind the curtain of law at Singapore Man- like that, a Pakistani-born Muslim of private pain and into agement University, said the public spotlight. American lawyer inspired more Khan stood out. Americans to buy pocket U.S. “I think it was because Constitutions from Amazon than of a remarkable combina- ever before. His life has not been tion of qualities: maturity, the same since. wisdom, modesty and “Pre-DNC was a very peaceful, generosity of spirit,” Smith private, quiet life, and I still enjoy said. “In life we sometimes that every time I get back to meet people who teach Charlottes ville, but this mission others a lot just by being, is so important,” said Khizr Khan and Khizr is one of those LL.M. ’86, whose son Capt. people.” Humayun Khan was killed in Iraq Of his experience at in 2004. Harvard Law School, Khan and his wife, Ghaza- Khan said: “It gave me la, were initially asked to pay the confi dence in myself tribute to their son and appear and showed me how little on stage briefl y to be honored on I know and that I should his behalf, as is customary for continue to make an eff ort parents of a fallen soldier. Later, to know more. That is they were asked to share a few what I carry with me every words, and Khan, responding to day.” Donald Trump’s proposal to ban asked Ghazala, “Why don’t I say, Khan, 66, the eldest of 10, Khan has found a new calling Muslims from entering the United ‘I will lend you my copy,’ and just was born and raised in Punjab, an in uniting people across axes States, wrote a lengthy piece that pull it out?” He demonstrated by agrarian area of Pakistan, where of identity and amplifying the Ghazala whittled down to a mere plucking it from his pocket. She his parents farmed poultry. “We’re voices of Muslims who have been 287 words. approved, and in a few hours, the modest people, hardworking, “misdefi ned,” encouraging them At the DNC, the Khans stepped two would become emblems of always believed in education. I to participate in politics. out from behind the curtain of the American rule of law. wanted to study law from child- “I’m an ordinary Muslim. … I am private pain and into the public Khan’s speech propelled his hood,” Khan said. a protector of the United States. spotlight, attracting worldwide family into the exhausting 24- In 1973, he actualized his … My son … sacrifi ced his life in attention. hour news cycle and attracted dream, getting an LL.B. from protection of the United States “Donald Trump, you are asking a fl ood of email and voicemail Punjab University Law College, and its soldiers,” Khan continued. Americans to trust you with our messages—some of them hateful, where he met Ghazala. The Khans “Islam has taught me to be caring, future,” he said from the podium and many others heartwarming. then moved to Dubai, where their to be kind. My religion is to live in Philadelphia. “Let me ask you: “If one scared heart is fi rst two sons, Shaharyar and peacefully with all other religions Have you even read the U.S. strengthened by all of this,” said Humayun, were born. Their son and all other peoples.” Constitution?” Khan, “it is worth it.” Omer would be born later in the In Arlington National Ceme- Khan had, and he often carried He noted that his late son United States, after the family tery, the Khans often visit Capt. his copy with him. Only a few would be proud. immigrated in 1980. Humayun Khan’s gravestone, hours before they took the stage, “To him, one person mattered From his HLS days, Khan fondly carved with the crescent and star Khan was fumbling through his more than his own safety, more recalls David N. Smith ’61, then of Islam and encircled by tributes, suit jacket when he felt it: his than his own value, anything. a lecturer on law and vice dean. a wreath of bright red, white, and worn pocket Constitution. In the The same thing is with me. I get The two spent hours discussing blue blossoms and a star-span-

AP PHOTO/ANDREW HARNIK AP PHOTO/ANDREW cab on the way to the DNC, he encouragement from his grace.” Smith’s book on negotiating con- gled fl ag. — NADIA FARJOOD ’18

Fall 2016 HARVARD LAW BULLETIN 53

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WILL POWER A 19th-century document leads Terry Franklin on a journey of self-discovery

Terry Franklin ’89, a trusts with her, which is what Franklin and estates litigator, knows the believes Sutton did. importance of wills to those left Toward the end of his life, behind. Recently he has focused Sutton took all the precautions on a will executed 170 years ago he could to protect the woman he with enormous bearing on his loved, says Franklin. Soon after ancestors’ survival and his own his death, Lucie and her children existence. made their way to freedom—from Franklin family lore tells of Florida to , where Franklin Grannie Lucie, the “property” of grew up. a white man named John Sutton. Franklin has now spoken about They were Franklin’s great- his discoveries to audiences from great-great-great-grandparents. children in his daughters’ school Franklin had seen an abstract of to lawyers at conferences. Sutton’s will, which stipulated With lawyers, he shares details that his “mulatto slave Lucie” such as a provision that if the will and her eight children and six were for any reason found invalid, grandchildren were to be freed ownership of Lucie and the after his death. What Franklin did children would be transferred to not know, and what gnawed at the executor, William Adams, who him, was whether Sutton also had Franklin suspects was Lucie’s a white wife and children. white half-brother, who would He traced the will to Duval have freed them. County, Florida, and asked a clerk Terry Franklin Beyond the ties of ancestry, is a partner and to send him images of the full trusts and estates Franklin makes another con- document—handwritten pages litigator at Sacks nection between this story and Glazier Franklin marked with an “X” by Sutton, & Lodise in his own. He fell in love with and who died in 1846. Los Angeles. married a classmate at HLS, and When he read the will, he saw together they have two daughters. it listed the livestock to be sold off But when he came out as a gay to fund the journey of Lucie and man six years ago and they split the children to a state or foreign come up a lot in his work, so in clues about Lucie and Sutton’s up, he realized that for much of country “where they and their the novel, he invented a brother relationship. Franklin learned that his life he had forced himself to children could live free forever.” for Sutton named Eustis, who Sutton had lived in Georgia, and be something he wasn’t. Franklin There was no mention of a wife. challenges the will. before writing the will, he had sees a connection between the Franklin is well aware of the As Franklin imagined this story, moved his household to Florida, social strictures, laws, and expec- perversity and enduring evil of he wanted to hold the actual thinking it was a state that would tations that oppressed Sutton and slavery, but he wanted to believe document in his hands. During allow him to emancipate Lucie Lucie’s relationship, and those that what developed between a business trip, he took a long and her children. But once he that had constrained his own Lucie and Sutton was a relation- detour to Duval County. When the arrived, he learned this wasn’t so. world. ship. clerk handed him the folder, he Franklin was also struck by In addition to his legal practice, It became clear to him that it saw that in addition to the will, the lawyer’s testimony that when Franklin continues to work on the was a story he wanted to tell. He it contained other handwritten he came to make the will with novel and a related screenplay and published several related articles, pages. He soon realized he was Sutton, “his family” invited him to to speak at conferences about including in the ABA’s Probate & reading a trial transcript. As it eat. “He described them as fami- his ancestors’ story. People seem Property magazine. He also began turns out, there had been a will ly,” says Franklin, “not slaveholder to relate to it on a deep level. For writing a novel. “People always contest brought by one of John and slaves.” It was one thing to Franklin, it has “breathed new life say, ‘Write what you know,’” Sutton’s brothers, Shadrack. have children with a slave. It was into everything.”

LORIN GRANGER LORIN Franklin says. Contested wills The transcript also provided another to set up a household —EMILY NEWBURGER

Fall 2016 HARVARD LAW BULLETIN 55

49-64_HLB_FA16_r2.indd 55 10/14/16 3:22 PM INTERVIEW

GAINING GROUND IN GHANA Raymond Atuguba is driving legal and social reforms in his home country

During a recent interview, Ray- “There is no point at which you mond Atuguba S.J.D. ’04 gives can stop working for the type of his phone a quick glance. It’s a world that you want to live in,” text confi rming the president says Raymond Atuguba. of Ghana’s launch of Atuguba’s latest policy recommendation: 64 new community-based health care centers and a commitment to building a total of 6,500 such compounds to serve rural populations. That’s just one of the ways he’s helping his home country, drawing on lessons from his service on a U.N. High Level Task Force on the right to development and his work consulting for the World Bank and USAID. Harvard Law School has also been integral to his work, not only helping him as a teacher (he’s on the faculty of law at the University of Ghana), but also rights and development fi elds took coverage in sub-Saharan Africa. report—including the thousands involved directly in his eff orts to him back and forth between the By 2006, fractures in the of responses—to the president. improve the country. U.S. and Ghana. Many of those system were showing. Atuguba’s A draft bill was sent to Parlia- As a child, Atuguba was trips were with HLS Professor team at the Law and Development ment in 2014, only to be stalled regularly confronted by the harsh Lucie White ’81 and students Associates, the new organization by a lawsuit charging an illegal realities of poverty. His father, a from her then newly created he had founded, gathered more revision process. In 2015, Ghana’s civil servant posted to rural areas, clinical class, The Ghana Project, evidence and suggested revisions, Supreme Court ruled that the owned the only car for miles which, in collaboration with the the majority of which were incor- reforms could continue. Now, says around. “Every emergency was Legal Resources Centre and other porated into the 2012 National Atuguba, the challenge is to rev brought to our door. If the car was organizations, off ers students Health Insurance Act. up momentum again. not functioning, people died—on fi rsthand experience in social In 2010, Atuguba applied the Atuguba is also developing pol- a daily basis—because they could rights and global health issues. same evidence-based method- icies to ensure that his country’s not get to the hospital,” recalls Among the group’s projects ology as principal researcher on most vulnerable communities Atuguba. “When I grew up, I said, was fi eldwork researching the the commission evaluating the can withstand, and benefi t from, ‘No, this has to change.’” “cash and carry” public health country’s 1992 constitution. His the extraction of Ghana’s natural In 1997, Atuguba co-founded a insurance system. Interviewing team traveled throughout Ghana resources—oil, gas and gold. He’s legal aid clinic in Ghana, the Legal residents, including in the remot- asking, “How does this constitu- enlisted the help of S.J.D. candi- Resources Centre, to provide legal est areas of Ghana, they found tion work for you?” date Kwabena Oteng Acheam- relief to poor communities. But widespread system failure—the They received 83,161 answers: pong LL.M. ’13 as well as White he sought systemic, permanent country’s poorest citizens couldn’t text messages, emails, letters, and her students. change. “I wanted to reform the pay the fees and were going with- an entire book. “We wanted Shaking his head about the text of the law to make it more out basic care. everyone’s view,” he says. “It was process of reform, Atuguba progressive and responsive to The group’s reports helped an opportunity for everyone to laughs. “If you want to get it right, the needs of poor people,” he shape the fi rst national health say what they wanted about the it takes time. It really takes time,” says. With that agenda, Atuguba insurance system in 2003 and government, about their lives,” he says. “There is no point at arrived at HLS in 1999. Over the a law mandating coverage in he recalls. “It was an instrument which you can stop working for next several years, his graduate 2004—one of the very fi rst for accountability.” In 2011, the type of world that you want to

LORIN GRANGER LORIN studies and work in the human attempts at universal health they submitted a 1,000-page live in.” —SHONA SIMKIN

→ Read a story on the Ghana Project at bit.ly/Ghanaproject2016 Fall 2016 HARVARD LAW BULLETIN 57

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THE WORDSMITH Sarah Hurwitz has quietly helped craft some of the fi rst lady’s most memorable speeches

Sarah Hurwitz ’04 found herself “pretty lost” in her third year at Harvard Law School and missing her previous life as a political speechwriter. So when a classmate asked in the fall of 2003 whether she might like to write for Wesley Clark’s presidential campaign, she said yes—eventually. Her fi rst

job on Capitol Hill, when she was “The defi ning just a year out of Harvard College, truth about hadn’t gone very well since she working with the fi rst lady is couldn’t quite capture her boss’s this,” says Sarah voice. And the prospect of missing Hurwitz. “She classes during her fi nal year of law always knows what she wants to say— school shuttling back and forth to period.” Arkansas terrifi ed her. “But I sat back and really started to think about it and realized that if … my real passion few days later with a phone call school education in Wayland, said. “There’s a lot of quiet daily was government and politics, off ering her a job. Obama called to Massachusetts, paved the way for heroism in this country—people then I’d better do this,” Hurwitz thank her after she wrote her fi rst her career. who get up every day and build said during a panel discussion at speech for him and welcomed her Her public profi le grew lives driven by love, courage, and Harvard Law School’s Celebration to the campaign. considerably in July, when Melania self-sacrifi ce.” 60 in 2013. Hurwitz began working with Trump borrowed several lines Accompanying the fi rst lady Clark left the race early, but her Michelle Obama on her speech to from Michelle Obama’s 2008 to the New York commencement work on the campaign set Hurwitz the 2008 Democratic convention convention speech, which Hurwitz made Hurwitz think of her great- on a course to work as Hillary in Denver. After writing speeches helped write. great-grandmother who’d wanted Clinton’s chief speechwriter during for President Obama, she would Hurwitz has not commented her daughters to attend “one the 2008 presidential race and go on to work with the fi rst lady publicly about the incident, but the of the great public universities then serve in the same role for fi rst almost exclusively for nearly six irony was not lost on her former in New York City.” “That didn’t lady Michelle Obama ’88. years. colleague Favreau, who noted in a happen, but it was pretty moving It was on the Clark campaign, “The defi ning truth about tweet that Hurwitz had previously all these years later to walk onto Hurwitz said, that she learned working with the fi rst lady is this: worked for Clinton. “So the Trump the campus of one of these how to be a good speechwriter She always knows what she campaign plagiarized from a Hillary schools with the fi rst lady of the while working alongside Josh wants to say—period,” Hurwitz speechwriter,” Favreau wrote. United States,” Hurwitz said. Gottheimer ’04. That job led told the Bulletin. “She has an Hurwitz said she “loved working Hurwitz, among the few White to another for Hurwitz with unwavering sense of who she is with Mrs. Obama on her three House staff ers to have served Democratic nominee John Kerry. and exactly what points she wants convention speeches” but also through Obama’s entire two terms, She worked as an associate at to make.” described as favorites some declined to say whether she would WilmerHale before returning to the Hurwitz has worked largely lesser-known speeches the fi rst have any interest in staying on campaign trail in February 2007 out of the public eye at the lady has delivered, including this should her former boss win in with the Clinton campaign. White House. There were year’s commencement speeches November. After helping draft Clinton’s occasional exceptions, such as at the Santa Fe Indian School and “I’m not sure what comes next,” concession speech, Hurwitz re- a TV documentary that aired the City College of New York. she said. “For now, I’m just trying ceived an email from Sen. Barack on cable networks including “For me, speechwriting is to enjoy every minute of this once- Obama’s chief speechwriter, MTV and Nickelodeon in which about telling the stories that too in-a-lifetime experience.”

OFFICIAL WHITE HOUSE PHOTO/CHUCK KENNEDY OFFICIAL WHITE HOUSE PHOTO/CHUCK Jon Favreau, who followed up a she described how her public often just don’t get told,” Hurwitz —SETH STERN ’01

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HARVESTING PROGRESS Carol Wang co-founds a spice company designed to boost Afghanistan’s fl edgling economy

Carol Wang ’13 spent two years before law school crisscrossing Afghanistan helping nascent small businesses. Now, she and three military veterans who served there are building their own small business designed to boost the nation’s long-troubled economy. Their key ingredient: saff ron. Rumi Spice, the company Wang co-founded in 2014, aims to connect Afghan saff ron farmers with U.S. restaurants and con- Carol Wang (holding the red purse) vince consumers that the world’s says her earlier work in Afghanistan helped her to understand the most expensive spice is worth its constraints facing Afghan small price. businesses seeking to enter Wang’s interest in Afghanistan international markets. dates back to her fi rst job out of Princeton working at one of the university’s institutes, where she rule of law in Afghanistan for the idea she had of bringing Afghan as The French Laundry and Daniel met the Afghan ambassador to Harvard International Law Journal. saff ron to the U.S., I just imme- Boulud’s Daniel. Hundreds more the U.N. She’d moved to San Francis- diately saw the potential and the consumers purchase saff ron via She went on to serve for a year co after HLS and started work power,” Wang said. the company’s website, where one as a speechwriter at the U.N. mis- as a tax attorney when a friend Wang has done legal work for ounce sells for $140. sion before moving to Kabul. She connected her with Kimberly Rumi Spice, from issuing stock “We’re trying to target high- traveled from province to province Jung, who had served as an Army to taking out loans and reviewing end consumers who will pay more assisting small businesses, from platoon leader in Afghanistan be- contracts. for the quality because Afghan jewelry makers to to almond and fore enrolling in Harvard Business “It’s been really, really helpful,” saff ron is truly the best in the potato farmers. School. Jung said. “She’s been very much world,” Wang said. The experience, Wang said, Jung and her business school a part of the business and helped Most important, she said, is gave her a sense of just how classmate Emily Miller, who had out immensely.” the impact in Afghanistan. From fl eeting development aid can be. also deployed to Afghanistan with Wang’s work has also taken her 2015 to 2016, Rumi Spice’s When she was leaving to start law the Army, were looking to make a back to Afghanistan, where she’s farmer corps jumped from 34 to school, U.S. troops and interna- social impact with their busi- helping make sure that the com- 90 and the number of women tional attention were dwindling, ness degrees, and their thoughts pany follows local laws and that working in its processing centers she recalled, and with them turned to the country where its processing facilities comply went from 75 to more than 300. the aid money was diminishing. they’d both served. (A fourth with international food and safety The company already “There was a real fear among co-founder, Keith Alaniz, who standards. accounts for 5 percent of both Afghans that all the gains would serves as the company’s presi- “This is not a project, it’s a Afghanistan’s total saff ron be lost,” she said. “That fear was dent, also served in Afghanistan.) company with real people in- production and saff ron exports, something that I couldn’t forget.” They seized upon the idea of volved, so we have to operate with and it aims to increase the share Wang returned to Afghanistan helping connect Afghanistan’s the utmost care,” Wang said. of Afghan saff ron sold abroad to during the summer between her saff ron farmers with the U.S. mar- Rumi Spice has made headlines 50 percent. fi rst and second years of law ket. The spice can generate seven in The New York Times and “The more we sell, the more school, helping to draft a village times the income for Afghan Chicago Tribune and is on pace to we have to pay our farmers and council law for the national gov- farmers as the nation’s major cash generate $500,000 in revenue develop new training programs,” ernment in Kabul. She later wrote crop—opium. this year with a customer list in- Wang said. “We really see them a student note on developing the “When she told me about this cluding such famous restaurants as partners.” —SETH STERN ’01 MUSTAFA HAIDARY MUSTAFA

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Selected Alumni Books

own behalf against his lawyer’s wishes, and an all-white “Pembroke: A Rural, Black Community on jury that delivered a swift verdict of death. In addition the Illinois Dunes,” by DAVE BARON ’09 (Southern to detailing the legal maneuverings, including an Illinois University) unsuccessful appeal, Beck paints a portrait of the pre- Based on most outsiders’ standards, Pembroke is an civil-rights-era South and of his family, including his anomaly, Baron notes: rural and Midwestern yet also grandfather, who tried to talk Foster out of taking the black and poor. The author, a litigator for the city of case. His father, Beck writes, was a man of courage and Chicago, aff ectionately portrays a place he visited conviction, just like the fi ctional Atticus Finch. with a teen church group from his hometown less than 20 miles away and where he later immersed himself for three months to research its people and history. “Empire of the Fund: The Way We Save Now,” Pembroke, where many black Southerners traveled by WILLIAM A. BIRDTHISTLE ’99 (Oxford) during the Great Migration as an alternative to the When today’s retirees were young, their retiring big city of Chicago, has faced poverty, isolation, poor elders typically enjoyed the benefi ts of a pension with A father’s infrastructure, poor soil quality and racial prejudice. a guaranteed return until death. Now retirees live fi ght for But despite those obstacles, Baron writes, “Where one in a very diff erent fi nancial world in which they’ll might expect a ghost town, Pembroke endures.” rely on personal investment accounts. Birdthistle, a justice, a professor at Chicago-Kent College of Law, delves into modern-day the ramifi cations of this change, including the dangers “My Father and Atticus Finch: A Lawyer’s of the most common retirement investment, mutual Beowulf, an Fight for Justice in 1930s Alabama,” by JOSEPH funds, such as high fees that drag down savings. He American MADISON BECK ’68 (Norton) off ers advice on how to safeguard retirement savings When Harper Lee was 12 years old in Alabama, a highly and touts a less expensive option that pools assets. heiress publicized trial took place in the state involving a white lawyer defending a black man accused of raping a young white woman. Of course, the parallels to Lee’s beloved “The Ugly,” by ALEXANDER BOLDIZAR ’99 (Brooklyn novel, “To Kill a Mockingbird,” are unmistakable. The Arts Press) lawyer was Foster Beck, who is the subject of his son In the tradition of novels such as “The Paper Chase,” Joseph’s new book. Although Lee wrote to Joseph that this story is set at Harvard Law School—at least parts of she didn’t recall the trial, his true story of his father’s it are. Where it breaks the mold is when it comes to its struggle to seek justice against all odds shares similar protagonist, a 300-pound mountain man from Siberia themes and insights into the racial tenor of the times. whose tribal homeland is stolen by an American lawyer Beck, who drew upon his father’s recollections and and who, in order to restore his people’s land and honor, transcripts of a trial that occurred fi ve years before must travel to HLS to “learn how to throw words instead he was born, depicts a case featuring a doctor who of boulders.” HLS Professor Alan Stone writes: “Boldizar testifi ed that the alleged rape victim was a virgin, a has opened a door into the parallel universe of myth. defi ant defendant who insisted on testifying on his Out of it has stepped a modern day Beowulf.”

62 HARVARD LAW BULLETIN Fall 2016 ILLUSTRATIONS BY CHRISTOPHER CAMPISI

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has interfaced with the Constitution and subsequently “The Price of Prosperity: Why Rich Nations shaped future presidential power. Gormley, president Fail and How to Renew Them,” by TODD G. of Duquesne University and former dean and law BUCHHOLZ ’86 (Harper) professor there, draws connections from diff erent It’s a common and dangerous mistake, according to presidencies and eras on such issues as impeachment, Buchholz, to believe that rich nations are invulnerable executive privilege, and foreign aff airs to show both the to collapse. Indeed, he details historical examples commonalities and the continuing evolution of that show the failure of great powers from the Ming the offi ce. dynasty to the Ottoman Empire. The author, a former White House director of economic policy, points to fi ve forces that can derail rich nations: falling birthrates, “Eternal Sonata: A Thriller of the Near globalized trade, rising debt loads, an eroding work Future,” by JAMIE METZL ’97 (Arcade) ethic and a lack of patriotism. To prevent decline, he In his new novel, Metzl imagines a quest for the ultimate proposes a “Patriotist Manifesto” centered around scientifi c breakthrough: immortality. The race for building character and creating community. eternal life is marked by the murders of scientists, which are investigated by a reporter who is himself threatened. HLS Professor Emeritus Alan Dershowitz “The Purse and the Sword: The Trials of praises the book for its “brilliant insights on science, Israel’s Legal Revolution,” by DANIEL FRIEDMANN philosophy, politics, and human relations.” The author LL.M. ’71 (Oxford) is a senior fellow of the Atlantic Council who has served When Israel became an independent nation in 1948, in the U.S. National Security Council and the State law played a “modest, if not marginal, role,” writes the Department. author. Today, the legal system has grown so powerful in the country that “it threatens to take over the other branches of government.” Friedmann, a professor of law “American Heiress: The Wild Saga of the at Tel Aviv University who served as minister of justice Kidnapping, Crimes and Trial of Patty of Israel, off ers a comprehensive look at the evolution Hearst,” by JEFFREY TOOBIN ’86 (Doubleday) of the country’s legal regime, including the increasingly New Yorker magazine writer and best-selling author powerful Supreme Court, as well as how political events Toobin presents a comprehensive portrait of Hearst’s and confl icts have infl uenced legal developments. 1974 kidnapping by the Symbionese Liberation Army and her later apparent complicity in its criminal activities—as well as the wider story of how her “The Presidents and the Constitution: A experience refl ected and shaped the culture. The author, Living History,” edited by KEN GORMLEY ’80 (New who conducted more than 100 interviews and drew York University) on myriad legal and investigative fi les (Hearst herself Gormley notes that the Constitution is surprisingly did not cooperate with him), off ers surprising details vague about the powers of the U.S. presidency; “the on the well-known case, including how her conviction executive branch,” he writes, “was left intentionally turned on a Mexican monkey charm and how the 1978 incomplete.” Therefore, presidents themselves and Jim Jones cult murders infl uenced her early release. historical circumstances have shaped the powers of the Ultimately, he writes, Hearst, just like her grandfather offi ce. The chapters in the volume, written by scholars, William Randolph Hearst, was able to “shape the journalists, and judges, explore how each U.S. president perception of reality.”

The End of the Story Joshua Rubenstein, a major gifts offi cer at HLS, details the fi nal months of Stalin’s life

Joseph Stalin lay dying in March 1953, his body deci- mated by the eff ects of a stroke. But as Joshua Ruben- stein demonstrates in his new book, “The Last Days of Stalin” (Yale), the Soviet leader remained a fearsome power in the time immediately before his death and infl uenced the nation for decades beyond it. The book includes information about Stalin’s death that diff ers from offi cial accounts, his widening campaign against Soviet Jewry and his plans to challenge the new admin- istration of President Dwight Eisenhower. Stalin’s death led to some softening in the Soviet regime. But Ruben- stein, a Harvard Law School staff member who has a separate career as an author of books on the Soviet era, notes that the ideology the dictator so brutally enforced remained in place for decades.

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1930-1939 GEORGE VETTER ’51 LORNE O. CLARKE, Q.C. LL.M. JAMES D. MONTEITH ’60 1970-1979 Dec. 24, 2015 ’55 July 27, 2016 CARL A. AUERBACH ’38 May 21, 2016 PATRICK F. BRADY ’70 April 6, 2016 ROBERT G. BLEAKNEY JR. ’52 L. MANNING MUNTZING ’60 Aug. 10, 2016 June 23, 2016 ROBERT B. DONOVAN ’55 March 28, 2016 BENNETT BOSKEY ’39 June 13, 2016 PHIL BAKES ’71 May 11, 2016 ROBERT CARSWELL ’52 BROWNSON MURRAY ’60 Aug. 3, 2016 July 22, 2016 RICHARD M. EDELMAN ’55 Feb. 6, 2016 May 25, 2016 JEAN H. LAWTON ’71 1940-1949 FREDERICK H. CLARK ’52 ALLAN W. DRACHMAN ’61 July 8, 2016 May 7, 2016 WILLIAM J. GIBBONS ’55 Feb. 13, 2016 LESTER C. MIGDAL ’41 June 9, 2016 NORMAN M. BONNER JR. ’72 May 31, 2016 LOUIS A. COX ’52 DAVID J. FINKELSTEIN ’61 Oct. 13, 2002 July 6, 2016 WILLIAM J. MCGOLDRICK ’55 Dec. 24, 2015 TIMOTHY J. MAHONEY JR. ’44 May 29, 2016 DAVID CLAYTON CARRAD ’72 March 18, 2016 CHARLES D. DIXON ’52 ROBERT D. OUCHTERLONEY April 11, 2016 July 5, 2016 STEPHEN A. MOORE ’55 ’61 ROBERT B. VON MEHREN ’46 July 28, 2016 July 4, 2016 FRED C. KING ’72 May 5, 2016 LEWIS P. FICKETT JR. ’52 May 11, 2016 May 17, 2016 HERBERT F. ROTH ’55 (’56) ANCIL N. PAYNE JR. ’61 DANIEL C. BLOM ’48 April 4, 2016 Aug. 11, 2014 ROBERT D. O’CONNELL ’72 July 29, 2016 ROBERT B. FRASER ’52 LL.M. May 7, 2016 ’55 PRESTON H. “SANDY” ALFRED L. PURRINGTON III GENE EMERY ’48 June 23, 2016 SAUNDERS ’55 ’61 W. PAATII OFOSU-AMAAH April 14, 2016 July 20, 2016 April 29, 2016 LL.M. ’72 MURRAY S. FREEMAN ’52 April 13, 2016 C. RICHARD GRIESER ’48 2016 FREDRIC WEISS ’55 DAVID M. BORDEN ’62 July 29, 2016 Oct. 20, 2015 Aug. 7, 2016 OGDEN N. “DENNY” LEWIS ’73 JOHN E. LARSON ’52 June 25, 2016 AVIGDOR V. LEVONTIN LL.M. May 8, 2016 JOSEPH F. ABELY JR. ’56 RONALD A. CHRISTENSEN ’62 ’4 8 May 31, 2016 Aug. 12, 2016 RAMÓN J. JIMÉNEZ ’74 Jan. 5, 2016 EDMUND V. LUDWIG ’52 May 10, 2016 May 17, 2016 L. NEIL LEROY ’56 JEREMY T. HARRISON LL.M. ROBERT MACCRATE ’48 April 24, 2016 ’62 ROBERT S. “STAN” PIERINGER April 6, 2016 STANLEY A. MARKS ’52 April 16, 2016 ’74 May 25, 2016 DEWITT K. “KEN” June 10, 2016 LAWRENCE S. MUNSON ’48 MACDONALD JR. ’56 MICHAEL S. HORNE ’62 March 2016 MARTIN I. MONDLICK ’52 June 4, 2016 Jan. 15, 2016 ALAN N. RESNICK LL.M. ’74 Aug. 8, 2016 July 28, 2016 LEE ROMANOW ’48 ROBERT ROSENMAN ’56 JACK LEE KARP ’62 July 23, 2016 HAROLD PARRITZ ’52 June 29, 2016 July 22, 2016 WILLIAM L. RICHEY ’74 June 2, 2015 Aug. 22, 2016 ROBERT RUBINGER ’48 EDMUND N. WISE ’56 D. JACK SMITH ’62 April 20, 2015 ROBERT C. PORTER JR. ’52 June 22, 2016 July 18, 2016 SYDELLE PITTAS ’75 Aug. 9, 2015 April 10, 2016 EDMUND B. SPAETH JR. ’48 THOMAS E. WITHYCOMBE ’56 RICHARD E. BLUMSACK ’63 March 31, 2016 ALFRED R. SCHNEIDER ’52 March 31, 2016 April 19, 2016 EDWIN M. “RIP” SMITH ’76 June 17, 2016 Aug. 2, 2016 WILLIAM C. BREWER JR. ’49 G. WELLS ANDERSON ’57 LYNDA K. PIERCE HARRISON July 25, 2016 NOEL M. SEEBURG JR. ’52 May 26, 2016 ’63 WILLIAM A. SCHROEDER April 9, 2016 Nov. 16, 2015 LL.M. ’77 E. LAURENCE GAY ’49 ALFRED E. LAWSON ’57 Aug. 28, 2016 June 5, 2016 ROBERT B. SIMON ’52 July 4, 2016 RICHARD M. MOSK ’63 Jan. 21, 2016 April 17, 2016 EVERETT JACKSON BOWMAN CARL O. HOEPPNER ’49 ERNESTO M. MACEDA LL.M. ’79 May 24, 2016 EDWARD M. SULLIVAN ’52 ’57 M. VANCE MUNRO ’63 June 12, 2016 July 14, 2016 June 20, 2016 July 5, 2016 BERNARD M. HOLLANDER ’49 MICHAEL G. MEISSNER ’79 April 3, 2016 MELVIN J. ZALEL ’52 JOHN G. MOTT ’57 STEPHEN B. ROHRBAUGH ’63 May 15, 2016 2016 April 4, 2016 June 1, 2016 RICHARD H. MARKOWITZ ’49 Aug. 14, 2016 M. BERNARD AIDINOFF ’53 DAVID L. WELTMAN ’57 JOSEPH RUBIN ’63 1980-1989 Aug. 8, 2016 April 4, 2016 Sept. 1, 2014 LAUCHLIN H. MCLEAN ’49 ELIJAH W. LEGWAILA LL.M. July 22, 2016 JOSEPH F. BRODLEY LL.M. ’53 Jan. 28, 2016 A. WALKER BINGHAM III ’58 MORRIS CHESTON JR. ’64 ’80 April 1, 2016 June 5, 2016 July 27, 2016 KENNETH SIMON ’49 June 14, 2016 RALPH H. CAKE JR. ’53 Dec. 1, 2015 ROBERT F. MOONEY ’58 DAVID MARGOLIS ’64 RENATO C. CORONA LL.M. ’82 April 4, 2016 July 12, 2016 April 29, 2016 C. CLIFTON YOUNG ’49 April 3, 2016 JAMES A. P. HOMANS ’53 June 16, 2016 H. DAVID POTTER ’58 HOWARD J. KASHNER ’65 GEORGE A. RILEY ’83 July 14, 2016 Jan. 4, 2016 June 8, 2016 WILLIAM A. ZIEGLER ’49 Aug. 17, 2016 EDWARD H. HUNVALD JR. ’53 June 27, 2015 ALLEN M. SINGER LL.M. ’58 J. EUGENE MARANS ’65 LAURENCE W. PARADIS ’85 May 10, 2016 April 6, 2016 July 28, 2016 1950-1959 ALAN B. IVES ’53 May 17, 2016 STANFORD S. “PAT” HUNN ’59 FREDERICK LAWRENCE MARK L. MATHIE ’86 Jan. 31, 2016 March 29, 2016 WILLIAM K. CONDRELL ’50 MOREFIELD ’65 Aug. 15, 2016 ROBERT P. LAYTON ’53 May 22, 2016 Aug. 1, 2016 JAMES B. HURLOCK ’59 EDWARD J. DAVIS ’87 April 27, 2016 June 27, 2016 JOHN R. HAIRE ’50 GEORGE W. MILLER ’66 Oct. 8, 2015 THOMAS E. LEGGAT ’53 June 27, 2016 April 9, 2016 PETER J. LIACOURAS LL.M. ’59 VERONICA M. DOUGHERTY ’87 May 12, 2016 Jan. 9, 2016 JOHN J. LAYDEN ’50 ARTHUR M. SUSSMAN ’66 RUTH MARSHALL PAVEN Aug. 10, 2016 June 7, 2016 WILLIAM G. MARTIN ’59 MARY ANN BERGER ’88 ’50-’52 May 22, 2016 WILLIAM E. JOHNS ’67 July 10, 2016 DAVID ORLIN ’50 March 21, 2016 March 24, 2016 May 8, 2015 PETER M. MATTOON ’59 ROY F. PERKINS JR. ’53 March 29, 2016 JAMES C. WORKMAN ’67 1990-1999 ALEXANDER P. “SANDY” REED Aug. 10, 2016 April 25, 2016 JR. ’50 WILLIAM T. QUILLEN ’59 CASSANDRA Q. BUTTS ’91 May 2016 PHILIP E. BENNET ’54 Aug. 19, 2016 L. DAVID CLARK JR. ’68 May 25, 2016 July 3, 2016 April 27, 2016 FRED B. UGAST ’50 JOANNE R. CARLSON ’92 April 6, 2016 GEORGE K. FENN JR. ’54 1960-1969 JAMES A. MCPHERSON ’68 April 14, 2015 March 31, 2016 July 27, 2016 ROBERT L. BAST ’51 PETER G. BANTA ’60 SCOTT N. AUBY ’93 July 9, 2016 MAXWELL E. “ROBIN” FOSTER July 12, 2016 HAROLD L. QUADRES ’68 June 14, 2016 JR. ’54 Aug. 8, 2016 BENJAMIN C. FISHER ’51 May 23, 2016 CHARLES S. BLANKSTEIN ’60 JUSTIN W. LEEVY ’99 April 14, 2016 April 30, 2016 LOUIS H. “BUDDY” WATSON April 2, 2016 JAMES T. HARRIS ’54 ’68 HERTZ N. “HANK” HENKOFF July 27, 2016 PETER A. DONAHOE ’60 Aug. 8, 2016 ’51 March 8, 2016 Sept. 17, 2015 GARETH H. JONES LL.M. ’54 Visit the In Memoriam section April 2, 2016 ROY A. HAMMER ’60 online at bit.ly/inmemfall2016 for ROBERTS B. OWEN ’51 April 26, 2016 March 10, 2016 JOHN A. BALLARD ’55 links to available obituaries. Oct. 25, 2014

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Continued from page 3

be eff orts to improve corporate gover- pay their student debt. That would be wrong by the passage of time or slowly nance, but this author suggests that a HLS “walking the walk.” Now it’s just evolving recognition of basic rights; it full treatment requires addressing our “talking the talk”—and rather silly talk was not something to be ridiculed. If system of corporate law to introduce at that. you ridicule the prior authority, how direct responsibility for the outcome Bruce G. Merritt ’72 can your decision, or any other deci- of decisions. Today, the so-called Glendale, California sion of a court, ask for respect from “business judgment rule” largely EDITOR’S NOTE: someone who disagrees with it? insulates decision-makers from such The school’s Low Income Protection The late Justice Scalia’s opinions responsibility so long as they followed Plan off ers loan-repayment assistance stood for everything Professor Cox appropriate process. to HLS J.D.s who take low-income jobs said was wrong. Mr. Justice Scalia This author, a longtime corporate after graduation. departed from standards of civility practitioner and law teacher, suggests among lawyers and judges and em- in a 2011 article in the University of Stranger and stranger braced name-calling to a degree hardly California, Davis, Business Law Jour- THIS MAGAZINE GROWS STRANGER AND to be imagined before his time. One nal, that it is time to revisit such pro- stranger. After the previous issue’s is tempted to say he was the Donald vision of corporate law and make over hagiographic review of Chief Justice Trump of the judiciary, but that would our system of corporate governance for Roberts’ tenure, with neither a peep be wrong. Rather, Trump is the An- systematically important institutions nor a whimper about the Roberts tonin Scalia of politicians. to reduce the incentive for such bad Court’s evisceration of stare decisis In the spirit of Professor Cox, I decisions, whether or not they result and “judicial restraint,” now comes the would say I was saddened to see the from the use of “good process.” While current issue with a full page devoted back page of the Spring 2016 Bulletin Professor Scott makes the essential to the eff orts of Geoff Shepard ’69—to devoted to Justice Scalia. But, given point as to the need for central bank exonerate Richard Nixon, 42 years af- your admiration for his approach, I latitude to deal with fi nancial crises, ter he resigned in shame and accepted fear that to make myself clear I must we are better still if we consider how a presidential pardon. put it this way: Your portrayal of Scal- best to avoid them in the fi rst place. Will next month’s issue feature the ia’s work and worth is so false as to be Martin B. Robins ’80 eff orts of HLS grads to represent The comical and cannot be taken seriously. Barrington Falls, Illinois Flat Earth Society, Conspiracy The- Indeed, it vandalizes the tradition of orists, or the Area 51 UFO-spotters? our law school and of Professor Cox. If Abolishing the HLS shield To paraphrase the late Joseph Welch I had joined in your editorial judg- was an empty gesture (HLS 1917) in his takedown of Sen. Joe ment, I would hide my head in a bag. IF THERE WERE AN AWARD FOR THE McCarthy, At long last, [Harvard Law Ken Letzler ’68 most useless symbolic gesture, Bulletin], have you no sense of decen- McLean, Virginia Harvard would win it hands down for cy, no sense of shame? its recent action abolishing the HLS Marc Lackritz ’73 Portrayal of Justice Scalia shield. No living person ever associ- Bethesda, Maryland damned with faint praise ated that shield with slavery until the I READ YOUR “TRIBUTE” TO JUSTICE school itself set out to make the associ- Portrayal of Justice Scalia Scalia. It evoked the phrase “damning ation. I fi nd it signifi cant that Harvard so false as to be comical with faint praise.” A few of the indi- did not off er to give away the tainted I WAS FORTUNATE ENOUGH TO TAKE vidual statements were downright Royall family bequest, which with two several courses from Archibald Cox condescending. Shame on you. hundred years’ worth of interest would when he had just returned to Harvard I off er for your consideration my at- be a tidy sum indeed. Feel-good ges- from a stint as solicitor general. He tempt at a tribute to Nino: http://www. tures are fi ne, but keeping the coff ers spoke on a number of occasions, not ireallymissreagan.com issues 1 and 2, full is apparently more important. If about the results in groundbreaking which can be accessed by clicking on Harvard really wanted to do something cases he had won but about a philos- ARCHIVE. for social justice in America, it might ophy of the law, of how a court should I authorize you to publish either is- consider granting full scholarships break new ground or overrule prece- sue 1 or issue 2 or both in full. You are or forgiving student loans for all HLS dent in a way that preserved respect not authorized to edit them. graduates who sign on to a career in for the law and the courts. An over- I hope you will do so. My belief is public interest, civil rights or pover- ruling decision, he said, should not that you will not. ty law. Then they might not have to simply say, I have fi ve votes, get over it. Richard M. Coleman ’60 go to work for corporate America to Prior precedent may have been shown Malibu, California

Fall 2016 HARVARD LAW BULLETIN 65

c2-15_65_HLB_FA16.indd 65 10/12/16 4:07 PM HARVARD LAW SCHOOL ASSOCIATION NEWS | What’s happening in your Sparking Engagement lished in Western Europe,” he says, and there are HLSA? tremendous opportunities for growth in Eastern New HLSA President Europe, the Middle East, Asia, Africa, and South Peter C. Krause ’74 aims to America. galvanize international alumni Krause’s international focus for the HLSA mir- rors what he accomplished in his career, helping and younger graduates—and the domestic fi rms he was part of—the law fi rm build the franchise Cleary Gottlieb Steen & Hamilton, the fi nancial services fi rm Morgan Stanley, and most recently AS THE NEW HARVARD LAW SCHOOL ASSOCIATION the merchant bank Greenhill & Co.—to expand president, Peter C. Krause ’74 has set a goal to en- internationally. gage international alumni across the globe. He became a student at HLS after serving in the It’s even better when they are so engaged that Army, with the goal of practicing real estate and they call him. corporate law. His experience included running So he was particularly pleased when his phone the Lodging and Leisure Group at Morgan Stanley rang recently and on the line was an alumnus and chairing Greenhill & Co.’s Barrow Street Real from China who wanted to consult with him about Estate Funds. organ izing an event for HLS graduates in Beijing. Krause says that his HLS degree has propelled Krause says the HLSA must continue to encour- him in his career as well as his community and age its domestic clubs and shared interest groups charitable endeavors. Now retired, he has been to conduct more panels and programs for alumni. devoted to Harvard for many years, including “That’s our strength and our franchise,” he says. serving on the HLS Dean’s Advisory Board for 15 However, he also emphasizes spending more time years under three deans—Robert Clark ’72, Elena and eff ort trying to get clubs and shared interest Kagan ’86 and Martha Minow—and as chair of the groups and special events organized outside the 5 Harvard Law School Annual Fund. United States. “The HLSA is already well-estab- Krause has also served as national co-chair of For the latest HLSA events, the Harvard College Parents Fund for 10 years visit the new with his wife, Alice. Their three children and two Peter C. alumni portal: sons-in-law all hold degrees from Harvard College. Krause http://www. alumni.law. Two children are also HLS graduates: Christina harvard.edu/. Henderson ’09 and Peter C. Krause Jr. ’12. So it’s Check out how not surprising that Krause is committed to inspir- easy it is to view the global ing young alumni to become more active in the calendar of association—even before they graduate. events or fi nd a club or shared “We defi nitely want to do more to get the current interest group. students feeling they’re members of the HLSA Log in today to from day one as 1Ls,” he says. “We want young create a profi le and start con- members bringing their energy and enthusiasm to necting! the HLSA.” To help spark that enthusiasm, Krause will continue to increase HLSA’s social media pres- ence and also revitalize clubs and shared interest groups and encourage the start of new ones. Krause acknowledges that the success of the HLSA is based on the eff orts of its 38,000 mem- bers and its prior leaders. He says his predecessor Salvo Arena LL.M. ’00 “brought tremendous vision and drive to the position.” Managing partner of the New York City offi ce of the Italian fi rm Chiomenti Studio Legale, Arena is now chair of the HLSA International Committee. That is just the type of dynamic involvement Krause hopes to foster in the next generation of graduates. And as the school’s 2017 bicentennial approaches, he sees wonderful opportunities for alumni engagement.

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66-67_HLB_FA16_r1.indd 66 10/14/16 12:03 PM Furman honored A new online faculty lecture series for HLS alumni Roy L. Furman is presented the HLSA Award by Salvo Arena. IN SEPTEMBER, ALUMNI WERE Stream treated to a lecture by HLS lectures from Professor David Wilkins ’80, Harvard “Globalization, Lawyers, and Law faculty through a new Emerging Economies: Impli- online series. cations for Legal Education Find out more at bit.ly/HLX- and Legal Careers.” It was archives. part of a new monthly online initiative, the Harvard Law School Open Lecture Series (HLX), which enables HLS alumni around the world to David hear streamed talks by HLS Wilkins faculty members. Wilkins, who is vice dean for global initiatives on the legal ROY L. FURMAN ’63 RECEIVED THE HLSA AWARD, profession, also spoke about the work being done the highest honor given by the association, at Don’t miss at the Center on the Legal Profession, which he the Spring Reunions. Furman, vice chair of Jeff eries & Celebration of directs. An archive of past talks can be found at: Company and chair of Jeff eries Capital Partners, Latino Alum- bit.ly/HLXarchives. was recognized as an “investment virtuoso and as ni, “Latino Leadership: a Tony Award-winning producer and impresario,” Embracing the as well as for his exceptional philanthropy and Challenge,” Upcoming highlights inspiring leadership at HLS, where he has been March 2-5, 2017. a long-serving member of the Dean’s Advisory For more HLSA Harvard Yale Tailgate Board, HLS Fund chair and campaign volunteer. information, NOV. 19, 2016 go to bit.ly/ The award was presented by Salvo Arena LL.M. Latinoalum- Cheer on Harvard at the 133rd playing of the game ’00, then president of the HLSA. ni2016. at Harvard Stadium. Go, Crimson! The event will include tickets.

Spring Reunions Weekend APRIL 7-9, 2017 Classes of 1987, 1992, 1997, 2002, 2007 and 2012

Fall Reunions Weekend OCT. 27-29, 2017 Classes of 1957, 1962, 1967, 1972, 1977, 1982 and Emeritus Club

Registration for the 2017 SCOTUS Bar Swearing-In Ceremony A panel of The event is scheduled for June 12. Registration is Broadway lights prominent now open at bit.ly/SCOTUSregistration. theater alumni spoke to a full IN JULY, THE HLSA OF NEW YORK CITY HOSTED A house at the panel of prominent theater alumni, including HLSA of New York City’s producers, investors and authors, who have event. been involved in productions from “The Book of Mormon” to “Legally Blonde” to “Spider-Man” to “Fun Home.” From left: John F. Breglio ’71, Dale Cendali ’84, Andrew Klaber ’10 and Roy L. Furman ’63. Also on the panel were Nell Benjamin (Har- vard ’93), Laurence O’Keefe (Harvard ’91) and H.

ANDREA ARTZ (KRAUSE P. 66); MARTHA STEWART (AWARD); ICARUS LEUNG (NYC); PETER CUTTS (SCOTUS) (SCOTUS) PETER CUTTS LEUNG (NYC); ICARUS (AWARD); STEWART 66); MARTHA P. (KRAUSE ANDREA ARTZ Rodgin Cohen ’68.

Fall 2016 HARVARD LAW BULLETIN 69

66-67_HLB_FA16.indd 69 10/12/16 3:56 PM GALLERY | Making History

Tim Kaine, William Weld, and the pursuit of the vice presidency | By Seth Stern ’01

Harvard Law School Originally narrowly conceived served as a city councilor, mayor has produced plenty as a legislative job presiding over of Richmond and then lieu- of senators, Supreme the Senate, the vice president tenant governor and governor became more of a participant of Virginia before being elected Court justices and William Weld in the executive branch when the state’s junior senator in 2012 and Gary John- two presidents, but no son (below) have Richard Nixon held the post in alongside Mark Warner ’80. graduate has ever served described a the 1950s, Goldstein said. Weld is also a former gover- plan to run a But it wasn’t until Walter nor, who led Massachusetts from co-presidency. as vice president. Mondale served under Presi- 1991 to 1997 after serving as the This election has A friend from dent Jimmy Carter that the vice U.S. attorney and head of the law school president moved into the White Justice Department’s Crimi- presented the fi rst recently said opportunity in decades of Tim Kaine House and became part of the nal Division under President (right), “He’s president’s inner circle. “For the Reagan. to end that drought the same guy. last 40 years, across six admin- Having been a popular Repub- He’s just sur- with both Democrat rounded by 25 istrations, it has really been an lican governor in a largely Dem- Tim Kaine ’83 and Secret Service important institution of the ocratic state, Weld attempted to agents.” presidency,” said Goldstein. win a seat in the U.S. Senate and Libertarian William Even in the modern era of the narrowly lost to John Kerry. Weld ’70 on the ballot vice presidency, Kaine stands Weld was no stranger to the as vice presidential out for the diversity of his ex- Harvard campus, having grad- candidates. perience, said Goldstein. Kaine uated from Harvard College, The last Harvard Law School alumnus nominated to be vice president—Thomas Eagleton ’53—was forced to withdraw as George McGovern’s running mate in 1972 after just 18 days, when his prior treatment for acute depression was publicized. The job has evolved signifi cantly in the decades since, said Joel Goldstein ’81, a Saint Louis University law professor and author of “The White House Vice Presidency: The Path to Signifi cance, Mondale to Biden.”

68 HARVARD LAW BULLETIN Fall 2016

68-c4_HLB_SP16_r3.indd 68 10/14/16 3:24 PM wisdom of moving so quickly. “I remember thinking, why am I rushing? And also, I don’t really know what I want to do with my life,” Kaine said in an interview with C-SPAN in June. He decided to take a year off after his 1L year and served as a Catholic missionary in Hon- duras. “It was a transformative experience,” said Brian Wolfman ’84, who met Kaine the following school year when both worked for the Harvard Prison Legal Assistance Project (PLAP). Kaine recalled rejoining PLAP after his year away thanks in part to the recruiting eff orts of Anne Holton ’83. They started dating midway through the school year and married after graduating. Their work together rep- resenting prisoners before disciplinary and parole hearings exemplifi ed a common commit- ment to social justice they’ve shown ever since, said Leto where his ancestors were among Copeley ’83, who met them both the original benefactors. In in law school and now practices law school, he was a member law in North Carolina. of the Voluntary Defenders, After HLS, Kaine followed whose members helped inmates Holton back to Richmond, and poor defendants prepare Virginia, where her father had appeals. When asked about his served as governor. He spent membership, Weld quipped, “I a decade as a civil rights liti- Weld and John- should have been in the young son both previ- gator and law professor before prosecutors club,” according to a ously served as running for city council in 1994. 1996 Boston Globe profi le. Republican gov- Holton worked as a legal aid ernors, Weld of He worked for a Boston law Massachusetts attorney and a juvenile court fi rm briefl y after graduation and Johnson of judge before being appointed before becoming one of the fi rst New Mexico. the commonwealth’s education staff members for the U.S. House Kaine has secretary in 2014. Judiciary Committee’s Water- described his Copeley has stayed in touch wife and HLS gate investigation along with a classmate, Anne with Kaine and Holton, attend- recent Yale Law School gradu- Holton (right), ing Kaine’s gubernatorial inau- ate named Hillary Rodham, he as his “political guration with other law school partner.” recalled in a 2011 interview for friends and, more recently, a the Nixon Presidential Library campaign fundraiser in Chapel and Museum. Hill after his nomination. She Kaine had never visited the said they’re the same down-to- HLS campus before showing up earth, friendly people she fi rst for the start of school in 1979, met in law school. after fi nishing college at the “He’s the same guy. He’s just University of Missouri in three surrounded by 25 Secret Service years. He soon rethought the agents,” Copeley said.

GETTY IMAGES/GEORGE FREY (WELD); GETTY IMAGES/JOHNNY LEWIS (KAINE); PORTLAND PRESS HERALD (TOP CROWD); AP PHOTO/ANDREW HARNIK (BOTTOM CROWD)

68-c4_HLB_SP16_r3.indd c3 10/14/16 3:33 PM Harvard Law Bulletin Nonprofi t Org. Harvard Law School U.S. Postage Paid 1563 Massachusetts Ave. Burlington, VT Cambridge, MA 02138 05401 Permit 347

HARVARD LAW SCHOOL BICENTENNIAL

Join us for a series of special events during the HLS Bicentennial year (2017-2018), when the faculty, alumni, students and staff of Harvard Law School will come together to address critical challenges of the century ahead—for legal education, for the profession, and for justice worldwide.

Stay tuned for Bicentennial event dates and detailed information coming your way in early 2017.

Questions? Contact us at [email protected]

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