Under Her Wing

2014 • minding other people’s business • the keys to success • creative license nonprofit org. Y LAW NYU us Postage PaiD office of Development and alumni relations st. louis, mo 110 west third street, second floor Permit # 495 new york, ny 10012–1074 the magazine of new york university school of law

The NYU Law FUNd Going Places under Help our outstanding students pursue her Wing their bright ideas. Since founding her specialty Please give to the law firm three decades ago, NYU Law Fund. Karen Freedman ‘80 has helped

2014 50,000 children in crisis and | volume XX iv transformed New York City’s foster care system. For more information, please contact Nick Vagelatos at (212) 998-6007 or [email protected]. CLASS of 1960! CLASS of 1965! CLASS of 1970! CLASS of 1975! CLASS of 1980! CLASS of CLASS of 1985! CLASS of 1990! CLASS of 1995! CLASS of 2000! CLASS of 2005! CLASS of 2010! CLASS of 1995! CLASS ofof 1975!2000! CLASSCLASS ofof 1980!2005! CLASSCLASS ofof 1985!2010! CLASCLASS 1985! of of 1960! CLASS of 1990! of 1965! CLASS CLASS of 1970! CLASS of 1975! CLASSof 1965! of CLASS 1980! CLASSof 2009!of 1985!of CLASS 1985! CLASS ofof of 1985! CLASS of 1965! CLASS of 1970! CLASS 1960! CLASS of 2010! CLASS of 1960! of 1990! CLASS CLASS of 1990! CLASS of 1995! CLASS of 1960! CLASS LASS of 1965! LASS of 1965! CLASS of 1970! CLASS of 1975! CLASS of 1980! CLASS 1960! C It’s going LASS of 1995! CLASS of 2000! CLASS of 2005!friday CLASS to sunday,of 1985! CLASS of 1990! 1990! C toLASS be a ofBLAST! 1970! CLASS of 1975! CLASS of 1980! CLASS of 1985! of CLASS 2010! CLASS of of 1965! C May 1–3, 2015 of 1965! CLASS CLASS of 1995! CLASS of 2000! CLASS of 2005! CLASSPlease visit of 2010! CLASS of 1960! C of 1995! CLASS CLASS of 1970! CLASS of 1975! CLASS of 1980! CLASS www.law.nyu.edu/reunion/2015 LASS of 1985! CLASS of 1990! CLASS of 1995! CLASS ofCLASS 2000!for of more CLASS 2000! information ofCLASS 2005! of CLASS 1990! CLASS 1960! CLASS of 1965! CLASS of 1970! CLASS of 1975! CLASS of 1960! of 1975! CLASS CLASS of 1960! LASS of 1990! CLASS of 1995! of 1995! CLASS of of 1985! C of 1960! CLASS of 1965! CLASS of 1965! CLASS of 1975! CLASS of 2010! of 1980! CLASS C ofof 1960!1990! CLASSCLASS ofof 1990! CLASS of 1995! CLASS of 2000! CLASS of 1970! CLASS of 1965! CLASS CLASS of 1965! CLASS of 1970! CLASS of 1975! CLASS of 1990! CLASS LASS of 1995! CLASS 1990! CLASS of 1995! CLASS of 2000! CLASS of 2005! CLASS LASS of 1970! CLASS of 1975! CLASS of 1980! CLASS of 1985! of CLASS 1965! CLASS of 1970! 1965! C rE 1990! CLASS of 1995! CLASS A of Legacy 1995! CLASS of 2000! CLASSunion! of 2005! CLASS of 2009! CLASS of 1960! CLASS ASS of 1975! CLASS of 1980! CLASS of 1985! CLASS of 1990! C of 1970! CL of 2000! CLASS of 2005! CLASS of 2009! CLASS of 1960! CLASS CLASS of 1975! CLASS of 1980! CLASS of CLASS of 1985! CLASS of of Learning “NYU Law gave my The future of the Law School husband, Chuck, who was in the class of 1955, is yours to define. a chance to study the law. What he learned Making the Law School a part of your planned giving is gave him the tools to a first step in creating an academic legacy of which you fight for change and can be proud. You can plant the seed of education today for our civil rights. We both wanted to give so that the scholars of tomorrow may enjoy its bloom. back to the community that had embraced us, NYU Law gift plans are flexible and tailored to fit in the hope that others your unique circumstances. Please contact Betsy Brown would have similar transformational at (212) 998-6701 or [email protected] to discuss experiences.” how your gift can best fit your financial picture. ellen conley of new connections to legal and policy work in gov- The ernment. Last year, for example, we launched a new semester-long clinic in Washington, DC, that places students in a range of offices across the federal gov- Morrison ernment. And thanks to the generosity of Trustee Jay Furman ’71, we also instituted the Furman Pub- lic Policy Scholarship Program, which is designed to Memo train and support outstanding students interested in pursuing careers in public policy. ne of the many qualities that attracted me to At the same time, we are working to expand our NYU Law is the institution’s deep commit- connections at the state and local government levels. Oment to public interest, and the extraordinary One way we’re doing this is through the New York quality, character, and diversity of the students who State Excelsior Service Fellowship Program, which come here as a result. NYU Law takes a broad view places graduates of select New York law schools in of public interest that hinges on the belief that all of state agencies ranging from the Department of Envi- us in the legal profession are responsible for promot- ronmental Conservation to the Department of Labor. ing justice—whether that means building careers in Through these various programmatic initiatives, nonprofit organizations or the government, or doing we will help new generations of NYU Law gradu- pro bono work while in pri- ates follow in the long tradition of alumni working vate practice. In choosing at all levels of government, from Anthony Foxx ’96, to apply their considerable US secretary of transportation, to Lisa Landau ’87, skills toward promoting chief of the Health Care Bureau at the New York the public interest, our State Office of the Attorney General, to Kenneth students and graduates Thompson ’92, the newly elected Kings County dis- render vital service to our trict attorney. Government is a creature of law, but country while also main- its laws are only as good as the lawyers attending taining and extending to them. I’m tremendously proud to have our tal- an enduring value of our ented alumni helping to ensure that our government Law School. runs efficiently and fairly, safeguarding both our In the pages of this collective welfare and our individual rights. magazine, we celebrate This year marks the 60th anniversary of the the pioneering work of first graduating class of the Root-Tilden-Kern Karen Freedman ’80, Scholarship Program, the bedrock of our strong founder and executive public interest mission. The program covers director of Lawyers For Children, and Sherrilyn the full cost of tuition for outstanding students Ifill ’87, president and director-counsel of the NAACP who plan to dedicate their careers to public ser- Legal Defense and Educational Fund and this year’s vice. The RTK program also had an instrumental Convocation speaker. We also commend the accom- role in establishing the Public Interest Law Cen- plishments of Sheila Birnbaum ’65, a partner at ter, thereby inspiring the spirit of public inter- Quinn Emanuel Urquhart & Sullivan and special est that permeates our larger community. This master of the September 11th Victim Compensation important anniversary allows us to reflect on how Fund; Marshall Camp ’02, a partner at Irell & Manella RTK’s aims are shared by NYU Law as a whole. and lead attorney in the first case to test changes Collectively, we are dedicated to shaping the next to California’s criminal sentencing policies regard- generation of leaders, to fostering a dynamic coming juveniles; and Scott Fein LLM ’81, a partner at munity of scholars, and to ensuring that a con- Whiteman Osterman & Hannah who was counsel cern for the public interest is an integral part of for one of the longest-litigated civil rights cases in our students’ conceptions of themselves and their US history. Plus, we take great pride in the public roles, no matter which career paths they pursue. interest work that our faculty and students do on The 2014 magazine was begun and finished dur- a range of issues, including protecting free speech ing my first term as dean. The magazine staff and I and challenging unlawful government surveillance are eager to learn what you think of our news and sto- through our new Technology Law and Policy Clinic, ries and how we deliver them. Please take a moment which is described in this issue’s to let us know by filling out the reader story on intellectual property law. survey on the last page or online at In keeping with our expansive bit.do/nyulaw2014survey. view of public interest, the Law School As always, I welcome your thoughts in recent years has forged a number trevor morrison at [email protected]. 2014 • volume xxiv managing editor Jeanhee Kim creative director David Niedenthal designers Michael Bierman, Cheryl Hark, Kara Van Woerden writers Rachel Burns, Atticus Gannaway, 4 57 81 Michael Orey, Michelle Tsai Dicta Arguments Relevant special acknowledgment Elyse Mall Klayman, former & Opinions Parties Assistant Dean for Communications contributing writers Thomas Adcock, Chelsea Allison, Christopher Borgen ’95, Peter Carbonara, Candy J. Cooper, Amy Feldman, Catherine Fredman, Lily Batchelder is appointed Jennifer Frey, Erin Geiger Smith, to the National Economic David Krajicek, Robert Levine, Council; NYU Law to launch Bryan Stevenson shares Sherrilyn Ifill ’87 delivers Duff McDonald, Christine Pakkala, intimate stories of mass a stirring convocation speech Larry Reibstein the Institute for Executive Advancement; Gabrielle incarceration and capital on democracy; Elena Kagan photographers Apollon ’15 testifies on human punishment; Richard and Martin Edelman receive Cover photograph by rights violations in Brazil; Epstein contemplates his honorary law degrees; Sam Hollenshead Scott Fein LLM ’81 closes a transformation to a classical graduates reflect on their Mathieu Asselin, Riccardo Cavallari, 14-year-long pro bono civil liberal; Amanda Levendowski accomplishments; Reunion Dan Creighton, Mark Finkenstaedt, rights case; and more. ’14 uses copyright law to fight 2014; and more. Phil Gallo, Sam Hollenshead, revenge porn; James Jacobs Elena Olivo, Brooke Slezak, exposes the Mafia’s history; Juliana Thomas Samuel Scheffler ruminates copy editor 39 on the afterlife; and more. 94 Heidi Ernst The People Closing editorial coordinator Gina Rodriguez 71 Statements design coordinator Christine Perez Proceedings editorial adviser Elizabeth Rohlfing director of digital content A tribute to the late Andreas Jill Rachlin Marbaix Lowenfeld; Vijaya Gadde ’00 Gerald Rosenfeld, co-director web director flies high as Twitter’s general of the Jacobson Leadership Clayton Gates counsel; Glenn Greenwald Program in Law and Business David Miliband reveals editorial assistant ’94 has an extraordinary and faculty director of the the shocking breadth of Sarah Kwon year; Julie Mao ’11 defends newly formed Institute for the Syrian refugee crisis; Photo retouching by Tito Saubidet international youth from Executive Advancement, the Carr Center for Repro- exploitation in the US; talks law and business. Printed by Full Circle Color and more. ductive Justice is born; Special thanks to the NYU Judge Jonathan Lippman Photo Bureau and NYU Archives ’68 discusses his advocacy for equal access to justice; Please send your comments to 53 Washington insiders Anthony 96 [email protected] new faculty The Law School Foxx ’96, Shaun Donovan, Survey © 2014 New York University welcomes four new Howard Shelanski, Robert We want to hear School of Law. All rights reserved. faculty members, Bauer, Benjamin Ginsberg, from you! Take including Kwame and Harold Koh make our survey here or Anthony Appiah appearances; and more. online at bit.do/ from Princeton nyulaw2014survey. University. 20 30 A Champion Turning for Children Heads As innovation proceeds apace in medicine, technology, the arts, and other spheres, NYU Law’s intellectual property faculty explores how best to use the law to Karen Freedman ’80 encourage creativity came to NYU Law as a and progress. Root-Tilden Scholar on a mission. Now the founder and executive director of Lawyers For Children, she marshals coolheaded leadership and unflagging determination to help New York City’s children in crisis. 10 12 18 26 Motor City Risky Leadership A Tree Overhaul Business Quotient Takes Root

Clayton Gillette Jennifer Arlen ’86 and NYU Law’s leadership Over its 60-plus-year guides a team of NYU Geoffrey Miller, faculty development initiative history, the Root-Tilden- Law students in an co-directors of the includes emotional Kern Scholarship extracurricular project, Program on Corporate intelligence workshops, Program has cultivated creating a “mini law firm” Compliance and designed to teach an abundant community to advise the emergency Enforcement, prepare students how leaders that supports lawyers manager of the City students to flourish in the hone their acumen for in every genus of public of Detroit on how to increasingly regulated working successfully with service and public rebuild failed governance corporate sphere. others. interest law. structures. 4 WWW.LAW.NYU.EDU AHigher Higher Ed Dicta curriculum by increasing increasing by curriculum and practicing lawyers. practicing and working group, aided by a by aided group, working emphasize that offerings expertise of its faculty and and faculty of its expertise executives. practice skills and business business and skills practice for higher-level, non-degree non-degree for higher-level, demand is there that found In recent years, the Law Law the years, recent In Now it is preparing to bring bring to Now preparing it is Partner David Chubak ’05, Chubak David Partner executives to curriculum the for law students. training McKinsey education consult education McKinsey its proficiency in delivering in delivering proficiency its business and attorneys ing McKinsey by led team ing legal training among practic among training legal School has revamped its its revamped has School A Bloomberg writer/artist duo duo A Bloomberg writer/artist The strip, “The American Way American The strip, “The Detection Detection of Fear Question: Why are Americans a cartoon publishedonTaxa cartoon Day. and Daniel Levin asthebasisof byarticle Joshua BlankLLM’07 afraid of getting caught. data that shows a flurry that showsof IRS data aflurry press releases aboutaudits in the weeks before April15. to Pay,” cites Blank andLevin’s the mostcompliant taxpayers used a2010Virginiaused Law Review in theworld? Answer: They are Last fall, a Law School School aLaw fall, Last Leveraging the broad broad the Leveraging - -

custom-tailored training co-director of the Jacobson Jacobson of the co-director and online. Led by Faculty Faculty by Led online. and and Business, and Executive Executive and Business, and viduals, with instruction instruction with viduals, will develop short-term and and short-term develop will as such education online offer its first classes in 2015. in classes first offer its dean associate formerly was of NYU Stern’s Global Degree Degree Stern’s Global of NYU for organizations and indi- and for organizations feld, who is also faculty faculty also whois feld, Education (IEE), which which (IEE), Education Director Gerald Rosen Gerald Director for Executive Institute the LLM Executive the through Education, IEA hopes to hopes IEA Education, Executive and Programs who O’Brien, Erin Director in Law Program Leadership taking place both on campus on campus both place taking in Tax, NYU Law will launch launch will Law NYU Tax, in -

“IEE will provide provide will “IEE an opportunity to to opportunity an and Gerald Rosenfeld Rosenfeld Gerald and who want to who want designed be will entrepreneurs entrepreneurs and makers, policy- ecutives, School Law of the of the Institute for Institute of the Our programs programs Our programs in the the in programs for lawyers, ex- for lawyers, utive education education utive Executive Educa Executive tion,” says O’Brien. O’Brien. says tion,” through exec-through US and abroad. abroad. and US in the establishment establishment the in Morrison Trevor Dean ing broaden the reach reach the broaden “I am delighted to be join- be to delighted “I am

- expand their understand their expand ing in areas where the Law Law the where areas in ing School has deep expertise.” deep has School through the IEE, the the IEE, the through Law School can meet meet can School Law Morrison notes that that notes Morrison the evolving needs needs evolving the of lawyers and other other and of lawyers tion of innovation innovation of tion continue our tradi our continue am excited about about excited am professionals: “I “I professionals: in legal education, education, legal in academic mission, mission, academic munity both here both munity to extend our our extend to opportunity this and abroad.” and and business com business and and deepen our our deepen and legal profession profession legal connections to the the to connections -

- -

Illustration: used with permission of Bloomberg L.P. Copyright© 2014. All rights reserved. Batchelder: Tom Williams/CQ Roll Call ‘ A Witness for Brazil’s Haitians Brazil’s A A $5,000, unaware of or misinformed unaware misinformed ofor $5,000, state authorities. “ authorities. state arrested and extorted by Brazilian extorted and arrested and French, testified. “‘ French,and testified. about visa requirements. requirements. visa about journeys difficult the about come after us are going after throughcome W H H L the route, the migrants were often were often migrants the route, the typically paid racketeers $3,000 to $3,000 racketeers paid typically for visas tarian reach Brazil. to testimony, might that change. things.’” same the sisters who and that brothers our journalists, we’ve told government government told we’ve journalists, here,’” here,’” what’s happening in our journeys in happening journeys what’s our leaders, but every day hear we every but leaders, aw pol s an inaugural Ford Foundation Foundation Ford inaugural an s uman uman ait e’v After hazingonhisteamto came The NYU Sports andSocietyThe NYUSports Troy McKenzie ’00,andUniversity 13 to54, that produced interesting firm Ipsos toasurveyfirm Ipsos conduct of Stephen Ross LLM’66approached of bullying inyouthof bullying sports. summit, andcommissioned research summit, Dean Trevor Morrison, Professor Program, ledby Miller, issued a Professor Miller todiscuss Arthur more than 1,000 Americans, ages Americans, more than1,000 insights intopublicperception white paper, heldananti-bullying ways toincrease civility insports. light lastfall, Miami Dolphins owner Stones Stones and Sticks W ian migrants undertook undertook migrants ian lon ’15 worked at Conectas at Conectas ’15worked lon S e already spoken out about about e already out spoken cho hil A R pol e Brazil offers humani offers e Brazil ights ol Fellow,ol lon, who speaks Kreyòl Kreyòl speaks who lon, in in the summer of 2013. 2013. summer of the H H uman uman ait Just two months months two Just Commission on S M W fied before the the before fied Inter- later, testi- she ão ão ians, migrants migrants ians, G any t ith ith abr P W R aulo A A ights ielle e’v old me, me, old pol meri A during during lon e told e told lon’s

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Asia Society named Rajeev Goyal ’06 (top) Winston Goyal and Rajeev named Society Asia JPMorgan, and Barclays Capital. In April, the University University the April, In Capital. Barclays and JPMorgan, From Passion to Action Wenyan Ma MCJ ’98 two of its 2013–14 Asia 21 Young Leaders, Young 21 Leaders, Asia 2013–14 of its ’98 MCJ two Ma Wenyan at CIC after successful stints at Davis Polk & Wardwell, &Wardwell, Polk Davis at stints successful after CIC at Corporation, a $575 billion sovereign wealth fund. Ma landed landed Ma fund. wealth sovereign billion a$575 Corporation, facing Asia. They were among 30 leaders under the age of 40. age the under leaders 30 among were They Asia. facing tasked with focusing on solutions to transnational issues issues transnational to on solutions focusing with tasked

bestowed its Distinguished Alumni Award on him. Award Alumni Distinguished its bestowed A A rural development activist, Goyal helped build a water awater build helped Goyal activist, development A rural ppointed bullied someone bullied 17% coaching asport while playing or from another bullying stopping someone admitted tonot 52% setting sports were ina bullied 36% pump for a village in Nepal as a Peace Corps vol- Corps aPeace as Nepal in for avillage pump versity Education Land Trust Project to build a a build to Project Trust Land Education versity unteer, then successfully lobbied Congress to to Congress lobbied successfully then unteer, founded the Koshi-Tappu Kanchenjunga Biodi Koshi-Tappu Kanchenjunga the founded increase funding for the Peace Corps. Now he has Now he has Corps. Peace for the funding increase is managing director of China Investment Investment of China director managing is conservation corridor that protects thousands thousands protects that corridor conservation capital markets law as a Hauser Fellow, aHauser law as markets capital of species of flora and fauna in eastern Nepal. Nepal. eastern in fauna and of flora of species

Ma, a Chinese national who studied whostudied national aChinese Ma, “wide range of“wide experience andexpert T str Committee’s team, tax advisingchair policy onleave,policy asdeputyto assistant man Ba taxation insurance andsocial expert the the president anddeputy directorat knowledge ofandpublicpolicy.” tax was of recentlythe part he tchelder, professor of law andpublic anger tohigh-pressure positions,the Joining a named to the first class of 40 fellows of the Immigrant Justice Justice Immigrant the of 40 fellows of class first the to named Chief Judge Robert Katzmann of the US Court of Appeals for the for the of Appeals Court US of the Katzmann Robert Judge Chief representation legal provide to trained be will (IJC). They Corps for a solution to the lack of legal representation for immigrants. representation of legal lack the to for asolution of York New brainchild in the is City. IJC The for immigrants Nystedt ’14, Amy Pont ’14, and Jessica Rofé ’14 (left to right) were were right) to Rofé ’14 (left Jessica ’14,and Pont ’14,Amy Nystedt ’14, Kendal McMahon Lai Sean alums Clinic Rights Immigrant Second Circuit, an adjunct professor, who has long advocated advocated long whohas professor, adjunct an Circuit, Second N W M ational hite ax Baucus, whopr H ouse has tapped hastapped ouse E conomic Council. S aised her her aised enat L e Finance

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5 dicta 6 WWW.LAW.NYU.EDU Women ofAction having the Circuit arguments. ass wasaction dismissed. aclass of aconstitutional tort, peals r though Fein didsuc appearances, plus two and pro bonocounsel tothe O LLM wagedrights case by of theresultingthe story civil Brothers of theBlack List they could find in the city. blackquestioning man every with police the stopping and his hand. black was he and may have cut attacker,saw her believed but attempted rape. NY an elderly In 1991, v. State Brown sary celebration ofsary the New York Law Journallast presented with Betty sterman & Brown, Fein Brown, , woma ailant was never found. A ’81, par new document W ecognize theexistence einberg A n reported an n reported NYS dr tner at H agnet ensued, annah in plaintiff, college student Br Cour of thelongest- L litigated civil rights cases rights cases E in S ifetime running over own. It is one own. Itisone 14 years and llerin ’5 llerin federal court 50 state and he ne he O A US W ceed in neo t the end, t theend, ary, t of hiteman S history T cott F , tells , tells S R he he ver A econd

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’15 uses song and dance. While a 1L in Professor Adam Cox’s Adam Professor in a1L While dance. and song uses ’15 Chevron Two-Step Chevron Resources Defense Council Defense Resources course on Legislation and the Regulatory State, Briggs came came Briggs State, Regulatory the and on Legislation course ally helpful in studying for exams. This year Briggs developed a a developed Briggs year This for exams. studying in helpful ally the Law the Above Above from praise earned that video Aviral result? The video. dance for the song and recruited fellow students to film a music a music film to students fellow recruited and song for the dance up with a rap song about Chevron’s two-step analysis, based on on based analysis, Chevron’s two-step about song arap up with Chevron USA v. USA Natural Chevron in decision 1984 Court’s Supreme the Some people study using notecards and outlines. Lewie Briggs Briggs Lewie outlines. and notecards using study people Some birthday inviting himtoplaybirthday the Keli Young ’15, and Melanie Walker ’15 show their dance moves. dance their show ’15 Walker Melanie and Young ’15, Keli Briggs, ’16, Ferguson Ashley ’15, Corbo Catherine AWRAP IT’S has aJuly,has August A Sunday Puzzle withWill Shortz wards a homophones starting with with homophones starting to thetest lastNovember, on NPR’s Weekend Edition, Jacob Taber ’14puthiswit answered every question. Q: A recap that ArecapQ: that After onhis getting acall the letter S. Hecorrectly coming upwithpairsof A: Summery A: Summary and administrative law professors at NYU and beyond. beyond. and NYU at law professors administrative and S feel to it? to feel heila Birnbaum ’65, t the125th anniver- N ov ember.

. The lyrics, Briggs notes, were actu were notes, Briggs lyrics, . The

16, was unarmed during the robbery, he received the same life life same the he received robbery, the during unarmed 16, was committed as minors the opportunity to apply for a reduced for apply to areduced opportunity the minors as committed and won. As a result, one man who has served 22 years in in years 22 served whohas one man aresult, As won. and out,” said Camp in an interview with Super Lawyers with interview an in Camp out,” said getting of ever prospect no realistic with do that one could some how imagine can’t I religion. finding and opportunities of educational advantage taking while violence, and drugs, prison now has the possibility of parole in three years or less. or less. years three in of parole possibility the now has prison sentence as the adult offender responsible for pulling the trigger.the pulling for responsible offender adult the as sentence of on behalf sentence for areduced argued prosecutor, federal a as served whoformerly Camp, life. to years of 25 sentence Edel Gonzalez, who participated in a 1991 carjacking resulting resulting a1991 in carjacking whoparticipated Gonzalez, Edel Last fall Marshall Camp ’02, a partner at Irell & Manella, argued argued &Manella, Irell at ’02, apartner Camp Marshall fall Last the act allows those sentenced to life without parole for crimes for crimes parole without life to sentenced those allows act the for Act— Sentencing Youth Fair California’s under case first the in the death of the robbery victim. Although Gonzalez, then age age then Gonzalez, Although victim. robbery of the death the in P Gonzalez “lived a model life in prison, avoiding gangs, gangs, avoiding prison, in life amodel “lived Gonzalez Signed into law by California Governor Jerry Brown in 2012, 2012, in Brown Jerry Governor California law by into Signed ro Bono Bono ro - S tar T Très Bien Très sla Charles and J M M on of H French president François N F tional Criminal tional Criminal the Interna- f essor ofessor ribunal for the ormer ational ollande c ollande eron isheadof echanism for Criminal G via andInternational T rand heodor udicial Fellow. L Y L O . Denison . Denison ugo- O aw onferred thetitle rder o fficier ofthe M E eron, meritus meritus

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Fein/Brown: Dave Oxford/New York Law Journal; Film poster artwork: Susan Kineke Car Keys Image: © Moodboard/Corbis; Court Art: Jane Rosenberg the the Bridget McCormack ’91 McCormack Bridget Jonathan Lippman ’68 Lippman Jonathan L Herbert Hammond ’76 Hammond Herbert Catherine Amirfar ’00 Amirfar Catherine

became the ALI’s new the became ★★★★★★★★★★★★★★★★ Stephen Schulhofer Stephen Catherine Sharkey Sharkey Catherine John Attanasio ’79 John Attanasio aw Ins aw E Richard Revesz Richard Dean Emeritus Emeritus Dean Richard Pildes Richard director in May. in director Vicki Been ’83 Been Vicki lected to to lected Julie Brill ’85 Brill Julie Erin Murphy Murphy Erin In addition, In ★★★★★★★★★★★★★★★★A mer

★★★★★★★★★★★★★★★★ titute ican ican

★★★★★★★★★★★★★★★★

Voices America of after law school. “I want to be a progressive Latina voice in voicein Latina aprogressive be to “Iwant law school. after Daisy Soros Fellowships for New Americans that provide provide that for Americans New Fellowships Soros Daisy tion policies. Uribe plans to continue her work in this area area this work her in continue to plans Uribe policies. tion tuition and stipends for graduate education. Rizvi speaks speaks Rizvi education. for graduate stipends and tuition Urdu, Punjabi, Hindi, and Arabic—her parents are Paki- are parents Arabic—her and Hindi, Urdu, Punjabi, local politics,” she says. she politics,” local ★★★★★★★★★★★★★★★★ & ’16 Uribe Paul won 2014 ’16 (top) Sarahi Rizvi and Salma stani and Guyanese—and worked as a linguist and and alinguist workedas Guyanese—and and stani she worked on translation and reports that were were that reports and workedon translation she intelligence analyst for the US Department of Department US for the analyst intelligence

★★★★★★★★★★★★★★★★ Agency, where Security National the and State helping to educate the public about deporta- about public the educate to helping included in the president’s daily briefings. briefings. daily president’s the in included National Day Laborer Organizing Network, Network, Organizing Laborer Day National Uribe, the child of Mexican immigrants, immigrants, of Mexican child the Uribe, rights movement. She has worked at the the workedat She has movement. rights has dedicated her career to the immigrant immigrant the to career her dedicated has “Whatever it costs” ones. In thefirstsixmonths of the year, the forof $1million families wholostloved ended” fund andpay “whatever itcosts” expert hired by General Motors, announced On June 30,Kenneth Feinberg ’70, thealter- address safety concerns, saying, GM “What Secretary of TransportationSecretary Anthony Foxx ’96 did was break thelaw.” that thecompany would an“open- establish more Earlier, than29 cars. million inMay, US to victims offailuresto victims car duetoitsfaulty native dispute resolution andcompensation imposed on the car maker onthecar imposed thelargest fine ignitions. Feinberg minimumpayments set beleaguered company hasalready recalled legally allowed—$35 million—for failure to

Front and and Front Center US Attorney IanMcGinley ’06 defense attorney; Assistant Mustafa Kamel Mustafa, who related charges inMay. roles watched intheclosely District of New York presided. forDistrict Court theSouthern Katherine Forrest ’90of theUS NYU Law alumsplayed major trial of Islamicpreacher Egyptian was theprosecutor; andJudge was convicted of terrorism- left) representedleft) Mustafa as “It clear is that were enacted and, with dispropor with Eliminating man rational, balanced, rational, balanced, forward making in for which they to achievefail any mum sentences mandatory mini- instead, result in justice system is biased outcomes…. and equal.” and step important an an unjust systeman our system more datory minimum of the purposes of purposes the tionate racially and sentences from our Committee’s Over-Crim- Law Clinical at ahearingonpenalties. Professor of inalization Task Force Bryan Stevenson testified before Judiciary theHouse Jeremy Schneider’77(far

7 dicta “The name is obviously a reference Knizhnik was so moved last “Discovery restrictions to Notorious B.I.G., who is this large, year by the justice’s eloquent and vehement dissents from can negatively impact imposing rapper, a really powerful controversial Supreme Court a citizen’s meaning- figure; and Ruth Bader Ginsburg is decisions that she created ful access to civil jus- this 90-pound Jewish grandmother. a T-shirt and a fan site: tice and impair the The juxtaposition of the two made notoriousrbg.tumblr.com. Ginsburg’s blistering dissent enforcement of many it humorous, but is also a celebration in the recent Hobby Lobby important public of how powerful she really is.” case reignited attention to policies embedded in Shana Knizhnik ’15, Knizhnik’s blog and helped in the New Republic sell hundreds of tees. federal statutes. Rule amendments should be undertaken only Seller’s Remorse? While works of art often appreciate in with great caution value over time, artists don’t receive a and require a demon- cut from secondary market sales. Does the US need resale royalty legislation? strated need as well This is a major question before the US as the absence of less Copyright Office, and in its report on Draconian solutions.” the issue the office cited a comment by students in the Art Law Society (guided

by Professor Jason Schultz) as well as arti- University NY e,

cles by Professor Christopher Sprigman. Professor Arthur Miller c testified about civil discovery ur eso Flag by Jasper Johns was originally sold before the Senate Committee R rt

directly by the artist to the writer Michael A on the Judiciary’s Subcom- /

Crichton for an undisclosed sum in 1973. mittee on Bankruptcy and ALA C S

In 2010, the Crichton estate sold it at auction y

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at Christie’s for $29 million. e ens Lic rt/ A ern d o M Purple Reign Who’s Your f Several NYU Law alumni now hold top posts in the admini- um o Kale Daddy? stration of New York City Mayor Bill de Blasio. Clockwise use Studying for the bar can be from top left: Steven Banks ’81 heads up the Human M he stressful. Sophie Milrom ’13 Resources Administration; Vicki Been ’83, Boxer Family T sweetened her experience Professor of Law on Leave, is commissioner of housing mage © by concocting the perfect preservation and development; Gladys Carrión ’76 is the tal I i

Round Two g study snack: homemade welfare commissioner; Law School Trustee Zachary Carter i juice-based popsicles. Now D : The UN Human Rights Council has ’75 serves as corporation counsel; Barry Cozier ’75 serves as ag l an associate at Kirkland & tapped Philip Alston, John Norton vice chair of of the Mayor’s Advisory Committee on the Judi- Ellis, Milrom passed the bar. Pomeroy Professor of Law, to serve ciary; Stacey Cumberbatch ’86 leads the Department of City- But the JD/MBA grad didn’t as special rapporteur on extreme wide Administrative Services; and Carl Weisbrod ’68 chairs let the time spent procras- Johns,Jasper F poverty and human rights. This is the Planning Commission. tinating, er, experimenting Alston’s second appointment as a with recipes, go to waste. UN special rapporteur—he previ- Instead, she started Inno- ously reported on extrajudicial, cent Ice Pops, vegetable and summary, or arbitrary executions. fruit juice-based alterna- “Extreme poverty needs to be tives to ice cream and other re-characterized as involving funda- summer treats. Milrom’s mental violations of rights,” Alston pops, now sold at a number says. “People who are really poor… of New York City locations, are engaged in a daily struggle are available in four flavors: for existence that makes it much Green Juice, Kale Daddy, harder to exercise most other civil rights, and that needs to be empha- Topicarrot, and Sweet Beets. sized in a way that it hasn’t been.” Rosenbaum/Clinton: Bruce Gilbert (www.BruceGilbertPhoto.com); Rodgers/Munn: MOVI Inc./Splash News; Lederman: New York Law Journal © 2014 ALM Media Properties, LLC. All rights reserved. NSA SEX(ual)INT(elligence) Professor of Law Ryan Goodman, is making waves in the the in waves making is Goodman, Ryan of Law Professor Wall Journal and Street York New Times the like outlets security with widely read posts such as the ones above, above, ones the as such posts read widely with security and its expert commentary has been cited regularly by by regularly cited been has commentary expert its and how we read anytimes how weread Just Security Just story ondrone strikes national conversation on law, rights, and US national national US and on law, rights, conversation national on senate intelligence is theabuseyou’ve all committee whichmay Blog BlockbustersBlog Cia reportedly spied be a federal crime be afederal been waitingbeen for , launched by Anne and Joel Ehrenkranz Ehrenkranz Joel and Anne by , launched in YEMEN an exhibit at theJewish of landscapes Theological have beengetting attention for themore colorful Presence of Trees: Photographsby Larry Lederman, at Milbank, Tweed, Hadley &McCloy andformer New Yorkers Lawrence Lederman ’66, of counsel documents they have produced. Thisyear, both Seminary, andLen ALife Speier: inPhotography , and Len aveteran Speier ’52, copyright lawyer, chairman of itsglobalcorporate practice, left, The Long Lens on the Law on the Lens Long The lawyer-photographers shows:The hadsolo at Chelsea’s CalumetGallery. . A Shirt Story Shirt A Aaron Rodgers sported an NYU Law Law NYU an sported Rodgers Aaron out of clean laundry). Go Violets! Violets! Go laundry). out of clean girlfriend Olivia Munn on the set of set on the Munn Olivia girlfriend Columbia Law). Rodgers liked the the liked Law). Rodgers Columbia scorer leading the as known (also Green Bay Packers quarterback quarterback Packers Bay Green pro athlete told ESPN his shirt came came shirt his toldESPN athlete pro from friend Joey Kaempf LLM ’13 ’13 LLM Kaempf Joey friend from same week (the QB did admit he was he was admit (the QB did week same Deans’ Cup T-shirt while visiting visiting while T-shirt Cup Deans’ tee so much he wore it twice in the the in much he wore so it twice tee in the 2013 charity game against against game charity 2013 the in her HBO show, Newsroom HBO her The

Change of Venue of Change director Thane Rosenbaum. Thane director and York,” New founder home in our forum beyond reach said programming, even larger audiences, and the potential to potential the and audiences, larger even programming, Bill Clinton, film director Oliver Stone, and Supreme Court Court Supreme and Stone, Oliver director film Clinton, Bill (folcs.org) &Society on Law, Forum Culture the years, For nine lively, public conversations with such luminaries as President President as luminaries such with lively, conversations public its of York New life through City cultural the enriched has . The . The “Sound criminal whether limited limited whether federal dollars are are dollars federal ment to determine regulatory offenses—regulatory justice policy—in best spentbest on prison assessment of the all areas, not just areas, all as effective.” as - punish criminal of benefits and costs options just are orterms lesscostly if should on rest an Over-Criminalization. Committee’s Task Force on and Policy Rachel Barkow Segal Family Regulatory Law Professor of testified on regulatory crime testified crime on regulatory before the House Judiciary the House Justice Sonia Soto- Sonia Justice continue its public public its continue and society. “Our “Our society. and law,among politics, on a spotlight conver- online and downtown from from downtown fall, mayor. This more expansive expansive more to lead move will sations that shine shine that sations Law, where it will Law, it will where Law Fordham the relationships relationships the the forum moved moved forum the hope is that this this that is hope School to NYU NYU to School

9 dicta Turning Detroit Around By Michelle Tsai Gillette invited seven students to work with him on the With the future of the extracurricular project: Daniel Barron ’14, Hampton Foushée ’14, Zachary Kolodin ’14, David Leapheart ’14, Joshua Lobert ’15, Motor City on the table, Andrew Walker ’15, and Amy Wolfe ’15. “This was an incred- seven students and their ibly diligent and creative group,” Gillette says. “The time they spent on this project was the equivalent of an additional course professor reimagine in their schedule. They had to learn areas of the law to which they had no previous exposure and think outside the box about the structure of its how to reform municipal institutions that had failed to provide basic local goods and services.” municipal government. Meeting once a week or more for about three months, the Detroit team operated as a “mini law firm,” in Gillette’s words, with the Office of the Emergency Manager as its sole client. Super- vised by Gillette, students deliberated big questions as a group, divvied up research for specific issues, and collaborated on drafting memos. The focus of their inquiries ranged widely. One verwhelmed by $18.5 billion in debt, the City of Detroit evening they would investigate the benefits of a “strong mayor” sent out a rescue flare last July. The resulting municipal system, while the next they would discuss the appropriate role O bankruptcy—the largest in history—presented lawyers and of a financial control board. In the process, they considered policymakers with a rare opportunity to fundamentally rewire municipal debt, tax structure, relations with the state, relations the complex legal and financial circuitry of a major metropolis. with suburban areas, labor, and internal governance structure. Enter Max E. Greenberg Professor of Contract Law Clayton The Detroit project, says Gillette, offered “a once-in-a-life- Gillette and a team of NYU Law students. They devoted a substan- time opportunity for law students to be involved in institutional tial part of the 2013–14 academic year to a project to help secure design and to have the experience of seeing how a municipality Detroit’s future: developing governance structures to promote both works and could work.” fiscal stability. “We were doing a lot more than just law,” says Wolfe. “We were With the assistance of Beth Heifetz ’83, a partner in the Wash- problem solving. Here’s a city. This is the condition it’s in. Now ington, DC, office of Jones Day, Gillette approached Kevyn Orr, how do we make it better? Professor Gillette was asking open- the emergency manager for Detroit, in the spring of 2013 with a ended questions that I didn’t have answers to, and it made me proposal for a project to consider which forms of municipal gover- rise to the occasion. I was given the opportunity to learn and

k nance best ensure fiscal stability. The ensuing assignment sought give my opinion.” oo

C answers to two questions: Given what other distressed cities had The interdisciplinary nature of the assignment gave students

cca done, which short-term governance structures might be appro- the opportunity to think more broadly than they would have if ebe

R priate after the emergency period ends? And what long-term they were simply reading casebooks and statutes for a class. Mem- structures could ensure fiscal health? bers of the group interviewed officials and business leaders from Gillette was the ideal candidate to spearhead the undertaking. Detroit and other jurisdictions that had confronted financial dis- Long a leading expert on local government law and financially tress. They then discussed their findings and recommendations. distressed municipalities, he has authored books on municipal Wolfe recalls at one point making a big chart of all the positions governance and municipal debt finance, and he has written about in the city government to try to untangle the powers of appoint- Detroit skyline: Photo/ relations between localities and their neighbors and the privati- ment and removal. zation of municipal services. In his 2011 book Local Redistribu- “It was incredibly refreshing to see the ideas we’d vocalized as tion and Local Democracy: Interest Groups and the Courts, students actually make it to the finish line, and it’s encouraging Gillette examined ways in which local governments to know you can do anything with this degree,” says Leapheart, engage in substantial redistribution to both the who grew up in Michigan with grandfathers who were United wealthy and the poor, through tax incen- Automobile Workers members. tives for development and “living wage” “We think we had substantial input into the conversations that ordinances, for example. The book are continuing about post-bankruptcy Detroit,” concludes Gil- also discussed the role of lette. “But regardless of what happens with our proposals, this the courts in reviewing was a remarkable opportunity and a great learning experience local redistribu- for the students.” tive programs. Following the success of the Detroit project, Gillette has created an interdisciplinary seminar, Law and Economics of Munici- pal Governance, that he will co-teach in Spring 2015 with adjunct professor Robert Inman, an expert in urban fiscal policy at the University of Pennsylvania’s Wharton School.

Michelle Tsai is the public affairs officer for NYU Law. 2014 nyu law

11 12 WWW.LAW.NYU.EDU Business People’s Other Minding I “Buddy” Donohue ’75, deputy general counsel of Goldman Sachs Sachs of Goldman counsel general deputy ’75, Donohue “Buddy” Asset Management, compliance officers could look only at records records at only look could officers compliance Management, Asset white-collar defense, and enforcement all over the world. is giving JDs opportunities in compliance and risk management, A surge of regulatory activity—aimed at especially Wall Street— assembled a uniquely deep bench of scholars and practitioners practitioners and of scholars bench deep auniquely assembled global and of American functions regulated other many among trading before consultation akey fore as the to moved has ance a compliance making effectively completed, were trades after of compliance demand not only in finance but also in informa in also but finance in only not demand of compliance dramatic growth in activity as federal government and regula and government federal as activity in growth dramatic general counsel for Verizon. “Hiring lots of people is the only only the is of people lots “Hiring for Verizon. counsel general systems are developed. That movement has coincided with a with coincided movement has That developed. are systems Andrew says 1990s, early the as recently As computers. frame Randal Milch ’85, executive vice president of public policy and and policy of public president vice executive ’85, Milch Randal tion security, environmental standards, and equal employment, employment, equal and standards, environmental security, tion asurge is result The regulations. of new reams issue bodies tory logical reaction.” reaction.” logical business. “There has been a tsunami of regulatory activity,” says says activity,” of regulatory a tsunami been has “There business. function. back-end ago had to be created on keypunch cards fed by hand into main into hand by fed cards on keypunch created be to had ago and its adrenaline-pumped adrenaline-pumped its and Boys of Flash environment n today’s seconds. It is easy to forget that trading systems not too long long too not systems trading that forget to easy It is seconds. tales of high-frequency trading, success is measured in nano in measured is success trading, of high-frequency tales With the advent of computerized trading, however, compli trading, of computerized advent the With Long before the boom of new regulation began, NYU Law Law NYU began, regulation of new boom the before Long - - - - - S A LOGICAL REACTION careers in an area that is both booming in terms of jobs and com and of jobs terms in booming both is that area an in careers research new and forums, scholarly new publications, new courses, at Debevoise & Plimpton. “It is now a career path.” now acareer “It is &Plimpton. Debevoise at an expensive investigation followed by litigation, big settle big litigation, by followed investigation expensive an ments, and fines, or even jail time for managers. It used to be to used It managers. for time jail even or fines, and ments, for students preparing are they foremost, and First opportunities. work new of unleashing who are enforcement and of compliance Corrupt Practices Act of 1977 (FCPA)—to name two—can mean mean (FCPA)—to of 1977 Act two—can name Practices Corrupt prosecutors. A possible violation of the Dodd-Frank Wall Street Street Wall Dodd-Frank of the violation Apossible prosecutors. Reform and Consumer Protection Act of 2010 or the Foreign Foreign of 2010 or the Act Protection Consumer and Reform that most corporate criminal actions involved small, privately privately small, involved actions criminal corporate most that the within aprofession become has compliance 10 years, last the their own that will influence the next generation of lawyers: new new lawyers: of generation the next influence will that own their ing into its own as a distinct and rigorous legal specialty. “Over “Over specialty. legal rigorous and adistinct as own its into ing held companies and produced average fines of around $50,000. around of fines average produced and held companies litigator a white-collar ’85, Yannett Bruce says profession,” legal of the big corporate scandals of the early 2000s (Enron, (Enron, 2000s early of the scandals corporate big of the wake the in amended or significantly enacted laws everal Tyco, etc.) and the credit market collapse of 2008 have of 2008 collapse market credit the etc.) and Tyco, put corporate conduct squarely on the radar of federal of federal radar on the squarely conduct put corporate Illustrations by Yau Tang Hoong By PeterBy Carbonara - -

13 NYU law 2014 14 WWW.LAW.NYU.EDU August, news outlets reported that that reported outlets news August, ceutical giant Johnson & Johnson & Johnson Johnson giant ceutical and Mexican investigators look investigators Mexican and Exchange and Securities the and enormous. be can involved amounts The companies. public large against a corporation and the US government: more than $16 billion to to $16 billion than more government: US the and a corporation 2015 on the investigations. Simi investigations. on the 2015 nal and civil liability actions by actions liability civil and nal eties of criminal and regulatory law. The trend toward ever larger larger ever toward law. trend The regulatory and of criminal eties vari different in versed well teams legal large require can of them multiple Typically, of complexity. degree ahigh butalso money securities. mortgage-backed faulty sold knowingly Lynch units rill Mer and Financial Countrywide bank’s the that allegations resolve in And FDA. the by approved not even have been enforcement actions Ear border. the of south officials it says company The FCPA. of the headline-grabbingmaking cases greater. Last November, pharma Last greater. Commission for possible violations violations for possible Commission paid $2.2 billion to resolve crimi resolve to billion $2.2 paid stance, has been under investiga under been has stance, state, federal, and private parties are involved, and dealing with all all with dealing and involved, are parties private and federal, state, for uses drugs prescription several by on investigations 2008 since million $300 than more spent up to $240 million in its fiscal year year fiscal its in million up $240 to Bank of America agreed to the largest-ever civil settlement between between settlement civil largest-ever the to agreed of America Bank are Now, however, attorneys US the US government for marketing for marketing government US the spending anticipating it was that of Justice Department the by tion US authorities into charges that that charges into authorities US ing into allegations that it paid off it paid that allegations into ing in corporate criminal and civil civil and criminal corporate in officials. Chinese it bribed larly, cosmetics retailer Avon has retailer larly, cosmetics announced Wal-Mart year, this lier US both with cooperating been has Corporate enforcement matters like these involve not only big big involve only not these like matters enforcement Corporate Meanwhile, recent settlements settlements recent Meanwhile, Since 2011, Wal-Mart, for in- Wal-Mart, 2011, Since ------“Compliance isinseparablefrom thetwo otherfunc - Lgl Trinity Legal New The says. “There’s core anintellectual tothetopic.” separate withitsowncontent discipline andstructure. Management, andCompliance. Comfort Professor of Law,- haswrittencase thefirst are realizing GRC isnotahodgepodge of ideas,” Miller among thevariousfields of legalsuchas thought, Similarly, of aspects compliance have beendispersed according toanorganization’s enterpriseriskmanage- corporate law andeven constitutional law. “People cess, formerly of thelaw of part remedies, was infact a century, realized scholars that theadministrative pro- development of administrative law. Intheearly20th damentally grounded andoperated inriskassessment damentally complex institution isgoverned isakey of how part courses suchashisownCompliance andRisk Manage- While thisisawell-recognized trinity inthebusiness Miller says.Miller Miller’s bookhastwo goals:asaresource toserve for ment system.” programstocompliancenearly all are pertinent fun- ment for Attorneys, andtoencourage legal to scholars He compares the birth ofHe comparesthisnew fieldwiththe thebirth Responding tothegrowth of compliance operations tions,” explains. Miller “Governance, howa because throughout theworld, Geoffrey Miller, Stuyvesant P. in legal academia. “The carryoverin legalisveryobvious,” “The academia. it complies withthelaw; riskmanagement,because world, referred toasGRC, itisonlynowmakingwaves book that examines three related areas of corporate legal practice together: TheLaw of Governance, Risk look at thethree areas asafield of legal study of theirown. - - April, for instance, the program co-sponsored with the American American the with co-sponsored program the for instance, April, attracted star enforcement officials, defense lawyers, and academ and lawyers, defense officials, enforcement star attracted of New York, and Benjamin Lawsky, New York New Lawsky, superinten State’s of York, New Benjamin and dent of financial services, who both gave keynote speeches; former former speeches; gave keynote both who services, dent of financial porate Crime: Effective Principles for Corporate Enforcement.” It Enforcement.” Corporate for Principles Effective Crime: porate Law Institute an invitation-only conference called “Deterring Cor “Deterring called conference invitation-only an Institute Law investigator Jules Kroll. (See more on page 16.) on page more (See Kroll. Jules investigator District Southern for the attorney US Bharara, Preet as such ics, SEC director of enforcement Robert Khuzami; and white-collar white-collar and Khuzami; Robert of enforcement director SEC N THE PUBLIC INTEREST

and more complex cases shows no shows cases complex more and and Geoffrey Miller, Stuyvesant Stuyvesant Miller, Geoffrey and ’86, Arlen Jennifer are activity work—and more jobs—for lawyers. lawyers. jobs—for work—and more mote research and policy reform. In In reform. policy and research mote pro to is second The or enforcement. compliance in careers make to ning of this heart the At areas. related CORPORATE IN LAW The first is to provide intensive intensive provide to is first The founded they law schools, Texas Compliance and Enforcement, Enforcement, and Compliance sign of abating. That means more more means That of abating. sign from the Cornell and University of University and Cornell the from P. Comfort Professor of Law. of The Professor P. Comfort of Law, Professor Paige Z. Norma two have joined forces before. forces have joined two the Society for Empirical Legal Legal for Empirical Society the training to students who are plan are who students to training on Corporate Program of the tors Now they analysis. and data through basis scientific amore theory launched in spring 2014. spring in launched co-direc faculty up as have teamed Several years ago, with scholars scholars with ago, years Several Studies, which aimed to give legal legal give to aimed which Studies, The program has a few purposes. afew purposes. has program The YU Law is a particularly a particularly is Law YU and enforcement andand ity for compliance law for compliance ity of activ center intense ------

“none of my students are having trouble finding jobs.” finding trouble having are “none of my students “It can have social utility whether you are prosecuting crimes crimes prosecuting you are whether utility have social “It can (2014), the first explicitly linking the three subjects. three the linking explicitly first the (2014), Compliance and cers who break the law do so law do so the whobreak cers Arlen crime. the committed corpora the between cated - offi corporate that argues are aware of and in compliance with a huge body of changing of changing body ahuge with compliance in of and aware are The Law of Governance, Risk Management, Management, Risk Governance, of Law The casebook of the author a belief that compliance is the place where the sometimes con sometimes the where place the is compliance that a belief away from important decision-making. Now most report to cor to report Now most decision-making. important away from where the law attempts to reconcile them. “This is corporate law corporate is “This them. reconcile to lawattempts the where decision. Would, for example, the benefits of a merger outweigh outweigh of a merger benefits the Would, for example, decision. out that point to happy also She is acorporation.” or defending and Crime Corporate entitled She corporation’s. the not efit, allo be should responsibility A subject. on the extensively on cor press the by quoted Crime course and a seminar a seminar and course Crime pliance problems? Key information for making that call has has call that for making information Key problems? pliance corporations sure making with charged are and boards porate from comes policy enforcement criminal for corporate passion work of her is focus particular published has crime, porate sional Responsibility and the Regulation of Lawyers. He is also the the also He is of Lawyers. Regulation the and Responsibility sional flicting demands of business and the public meet head-on and head-on meet public the and business of demands flicting ultimately for their own ben own for their ultimately Financial Misdealing. Misdealing. Financial Risk Management for Attorneys and another course called Profes called course another and for Attorneys Management Risk the costs of absorbing the target company’s potential com potential company’s target the of absorbing costs the corporate significant any almost into figure should that tion and Compliance teaches Miller risk. of corporate management the Business afour-credit teaches who individuals the and tion of how criminal question the in the public interest, and that’s what I love about it,” Ilove about says. she what that’s and interest, public the in laws—laws that now have real teeth. teeth. now have real that laws—laws Arlen, who is frequently frequently is who Arlen, He sees compliance as an important risk-management func risk-management important an as compliance He sees intellectual intense Her Miller says corporate compliance officers used to be kept far kept be to used officers compliance corporate says Miller perspective: different aslightly from compliance at looks Miller - - - - Miller andArlenform thenucleusof compliance andenforcement scholarship andpedagogy at NYULaw. - - - - - Litigation chief of the New York State attorney general’s Antitrust Bureau, Bureau, Antitrust general’s York New attorney of the chief State and is faculty director of the Center on the Administration of Administration on the Center of the director faculty is and tors in the Boardroom: Using Criminal Law to Regulate Corporate Corporate Regulate to Law Criminal Using in Boardroom: the tors Cases and Materials and Cases Conduct wrote a decision ( adecision wrote Crime: Business casebooks, crime business first one of the wrote or chief judge for a dozen years. That court has primary jurisdic primary has court That years. for adozen judge or chief fraud. securities especially, law and, corporate in scholars nent Top 10 Corporate and Securities Articles. William Allen, Nus Allen, William Articles. Securities and Top 10 Corporate George T. Lowy Professor of Law, and Stephen Choi, Murray and and Murray Choi, of Law, Stephen and Professor T.George Lowy center’s the published Press NYU Law. 2011, In Criminal from the Delaware Court of Chancery, where he had been judge judge been he had where of Chancery, Court Delaware the from Indeed, they are the two most recognized scholars in the 20-year 20-year the in scholars recognized most two the are they Indeed, Pol of the director as well as of Law Professor Bring Kathleen try, holding that boards of directors could be found liable for the for the liable found be could of directors boards that holding try, many for the governance law and of corporate for matters tion Prosecutors.” by “Regulation conference, annual major ter’s first large US companies incorporated in Delaware. In 1996, Allen 1996, Allen In Delaware. in incorporated companies US large Commentator Practice Corporate annual of the history promi most the among are Business, for and Law Center lack baum Professor of Law and Business, joined the faculty in 1997 in faculty the joined Business, and of Law Professor baum Harry First, Charles L. Denison Professor of Law and a former a former and of Law Professor Denison L. Charles First, Harry , a collection of papers by scholars who attended the cen the attended who scholars by of papers , acollection ) that virtually created the modern compliance indus compliance modern the created virtually ) that In re Caremark International Inc. Derivative Derivative Inc. International In Caremark re , originally published in 1990. Marcel Kahan, Kahan, 1990. in Marcel published , originally compliance and corporate corporate and compliance and have your voice heard.” voiceheard.” have your and who teaches a course on the on the acourse who teaches - execu top of other respect enforcement range from range enforcement in expertise with members Commission last summer pliance officer who has the the who has officer pliance sor of Regulatory Law and and Law of Regulatory sor Policy launder money FCPA and Business Law Kevin Davis, Davis, Kevin Law Business of Professor Family Beller to be able to sit at the table table the sit at to able be to “You need Miller: Says tives. com asenior from come to ing, to Segal Family Profes Family Segal to ing, joined the US Sentencing Sentencing US the joined The Law School faculty faculty School Law The

Rachel Barkow, whoRachel list of the of the list Prosecu ------15 NYU law 2014 First-line executives, counsel, and other experts have joined the dialogue at compliance- and enforcement-related events this year.

Deterring Corporate Crime, April 2014 1. Robert Khuzami, former Director, Division of Enforcement, SEC; 2. Jules Kroll, Co-Founder, K2 Intelligence; 3. Jed Rakoff, US District Judge, SDNY; 4. Preet Bharara, US Attorney, SDNY

1 Suddenly Sexy: How Compliance Went from 5 Ho-Hum to Hot, January 2014 5. Andrew Donohue ’75, Managing Director and Deputy General Counsel, Goldman Sachs Asset Management; 6. Pamela Root ’80, Managing Director, Citigroup Global Markets

Building Ethical and Sustainable Global Companies, April 2014 7. Ben Heineman, former General Counsel, GE 2 6

Insider Trading: Hedge Funds in the Crosshairs, October 2013 8. Bonnie Jonas, Deputy Chief of the Criminal Division, DOJ

Business Beyond Borders: Law, Firms, and Markets in the US and China, January 2014 9. Hu Ruyin, Chief Economist, Shanghai Stock Exchange

3 7

9 N 40 and reports to the audit committee of the company’s board. board. company’s of the committee audit the to reports and 40

calls its “stress points”—areas or situations in which individuals individuals which in or situations points”—areas “stress its calls corporation did not have in have in not did corporation counselor, risk manager, and organizational psychologist. The The psychologist. organizational and manager, risk counselor, lawyers training And course. are open to interpretation, of of interpretation, to open are a simple answer, or a simple answer is not sufficient to do what what to do sufficient not is answer or asimple answer, a simple we perhaps think is right or best in the circumstance.” the in or best right is think we perhaps vice president for brand integrity at tobacco maker Philip Mor Philip maker tobacco at integrity for brand president vice ’92, Steinfeld Lauren says operational,” and ablendof legal want business and legal the both how navigate to together who learn ris International (PMI). Based in Geneva, he manages a staff of astaff he manages Geneva, in Based (PMI). International ris students Stern and Law of NYU classrooms mixed to ernance initia business of law and the if of employees misdeeds of NYU Law’s Mitchell Jacob Law’s Mitchell of NYU professor of law. They teach Law and Business of Corporate Gov of Corporate Business and Law of law. teach professor They system” a“reasonable place son Leadership Program in in Program son Leadership compliance. for monitoring senior adviser for privacy and compliance at the University of University the at compliance and for privacy adviser senior do to trying we’re really “What governance. of corporate sides fessor of law and co-director co-director of law and fessor pro of Helen Scott, goal ular Pennsylvania. Pennsylvania. director Brenner, executive Karen and Business, and Law top of every aspect of his company’s business and to find what he he what find to and business company’s of his aspect of every top prescribe law doesn’t the where judgments make to ability their affiliated an and NYU at tives apartic is calls those make to NOT JUST ANOTHER LEGAL JOB NOT LEGAL ANOTHER JUST is have students cultivate judgment,” says Brenner. “It’s Brenner. about says judgment,” cultivate have students is latter part, he says, comes from working constantly to stay on stay to constantly working from comes he says, part, latter Tim Lindon ’80, for instance, is chief compliance officer and officer compliance chief is ’80, for Lindon instance, Tim Terms like “reasonable” “reasonable” like Terms Lindon says his job requires him to be a combination of legal of legal a combination be to him requires job his says Lindon YU Law grads in senior compliance jobs emphasize emphasize jobs compliance senior in grads Law YU decades. “This kind of job is attractive for people who for people attractive is of job kind “This decades. past in than day to day business the running now in how much more the chief compliance officer is involved involved is officer compliance chief how much the more ------’80, managing director of Citigroup Global Markets, echoed that that echoed Markets, Global of Citigroup director ’80, managing appeared in Fortune appeared Peter Carbonara is a NYC-area freelance writer whose work has workhas whose writer freelance a NYC-area is Carbonara Peter culture, which was not entirely what he had expected when mov when expected he had what entirely not was which culture, of, for instance, aviolation out be to turn could of business course cers need to know what employees are doing before it becomes it becomes before doing are employees what know to need cers attitude as well. “Don’t go into compliance if you don’t want to get get to you don’t if want compliance “Don’t go into well. as attitude that’s and job, legal another was this thought officer. “I ance a regulatory problem and to help them get back in line as neces as line in back get help to them and problem a regulatory your hands dirty,” said Root. “You’ve got to be in the trenches.” “You’ve the in Root. be to got said dirty,” hands your me,” he says. surprised what not just a different kind of practical training, but a difference in difference but a training, of practical kind adifferent just not Root Pamela and Donohue Buddy Sachs’s Goldman as such elists Hot,” to pan Went Ho-Hum from How Compliance Sexy: denly usual previous their done in had companies target the nothing ground up—not only their operations but also their history and and history their also but operations their only up—not ground sentiment, emphasizing that compliance practitioners need need practitioners compliance that emphasizing sentiment, sary. That means a lot of face time with and understanding of a understanding and with time of a lot face means That sary. tional general counsel, stressed Root. Effective compliance offi compliance Effective Root. stressed counsel, general tional tradi of the that than hands-on more is role The business. their of operations day-to-day the law but also the only not know to the from companies target the learning meant That FCPA. the ing from PMI’s general counsel office to being its chief compli chief its being to office counsel PMI’s general from ing business’s people, not just its org chart. chart. org its just not people, business’s Above all, the compliance officers seemed to say, this requires requires say,this to seemed officers compliance the all, Above “Sud on compliance, forum Tweed Milbank aJanuary At , Businessweek are most likely to succumb to to succumb to likely most are much different in those coun those in much different (In general, he says, those tend tend those he says, general, (In person for time.) along person or those headquarters porate sition in Indonesia and the the and Indonesia in sition Lindon had to make sure that that sure make to had Lindon Philippines. Business prac for acqui targeted had PMI that have been occupied by one one by occupied have been that cor away from far jobs be to judgment. poor or temptation tries than in the United States. States. United the in than tries are customs and laws, tices, ity was vetting companies companies vetting was ity The American Lawyer American The , and One recent responsibil recent One . ------

17 NYU law 2014 18 WWW.LAW.NYU.EDU By Atticus Gannaway Than IQ Than

augments one’s technical expertise and is often referred to as EQ, as to referred often is and expertise one’s technical augments Journal of of Journal peer-reviewed the one in as such studies meta of EQ: More Matter It Can Why Intelligence: Emotional man’s 1995 book, stand, empathize, and negotiate with other people permeated permeated people other with negotiate and empathize, stand, for emotional quotient. for emotional the workplace. Research now supports the career-affirming power career-affirming the now supports Research workplace. the is what behavioral psychologists call emotional intelligence. It intelligence. emotional call psychologists behavioral what is list. Over time, an emphasis on honing skills to better under better to skills on honing emphasis an time, Over list. being an effective leader in business, law, and many other spheres spheres other law, many and business, in leader effective an being The EQ movement hit its stride after psychologist Daniel Gole Daniel psychologist after stride its movement EQ hit The bestseller York New Times on the ayear than more , spent als, a particular quality moves certain people ahead ahead people certain moves quality a particular als, of the rest. of the mong even the most talented and capable profession capable and talented most the even mong in interacting with others. This secret ingredient for ingredient secret This others. with interacting in

So me might call it confidence, a deftness a deftness it confidence, call me might - - - “EQ sets leaders apart from the rest,” says board chairman Anthony Anthony chairman board says rest,” the from apart leaders sets “EQ Welters ’77, the just-retired executive vice president of United president vice executive Welters ’77, just-retired the century. An October 2012 report from the committee, headed by by headed committee, the from report 2012 October An century. 21st the in education legal shape how to address to committee performance. job and EQ between correlation in 2011 have found a significant positive positive a significant have found 2011 in Behavior Organizational not escape NYU Law’s board of trustees, which formed a strategy astrategy formed which of trustees, board Law’s NYU escape not Cravath, Swaine & Moore chairman Evan Chesler ’75, called for called ’75, Chesler Evan chairman &Moore Swaine Cravath, people with a combination of IQ plus EQ are rare and valuable.” valuable.” and rare are of IQEQ plus acombination with people Health Group. “Smart people are not too difficult to find. But find. to difficult too not are people Group. “Smart Health to the entire student population. Part of a broader leadership leadership of a broader Part population. student entire the to EQ. by captured skills collaboration, and leadership in training leaders, NYU Law recently rolled out an EQ training program program training EQ out an rolled recently Law NYU leaders, The increased awareness of EQ as a predictor of success did did of success apredictor as of EQ awareness increased The Seeing an opportunity to help prepare its students to become become to students its help to prepare opportunity an Seeing cultivate it in allstudents? Can it be taught? Yes, and why not now considered crucial in leaders. intelligence—is emotional called and situations well. This ability— their fieldscan often read people Professionals who rise to the top of -

“buckets” necessary to be a good lawyer: knowing your stuff, get stuff, your knowing lawyer: agood be to necessary “buckets” attorney’s adjustments in posture and changing facial expres facial changing and posture in adjustments attorney’s conversation office “Every law firm. a top at associate a summer where she learned how to initiate interactions more effectively. more interactions how initiate to learned she where equal, being things other all adds, she And, confidence.” with drafts were being reviewed, he paid attention to the assigning assigning the to attention he paid reviewed, being were drafts work his when that says Sommerkamp conversation.” review performance aconstant needing work without and my behavior adjust to me allowed attorneys of the communications nonverbal EQ?” high the one with “The acuity. interpersonal about really management. relationship and awareness, social management, a who has Forrest, Jeannie Dean Vice by led is workshops of EQ series the program, leadership a peer and seminars, series, ers aspeak includes that School Law the at initiative development professionals shine in the first two areas, the third can some can third the areas, two first the in shine professionals firm this summer for a second year. year. second for a summer this firm the to returned Sommerkamp levelof focus. his as well as sions, lead whocan problem-solver well-rounded the “That’s asks. she PhD in applied psychology. psychology. applied in PhD But boiling it down to its essence, Forrest tells students, EQ is is EQ students, tells Forrest essence, its to it down boiling But self- self-awareness, elements: distinct of four comprised is EQ to performing well,” he says. “Reading the body language and and language body the “Reading well,” he says. performing to excels. person that workshops, of the argot the In explains. she achallenge, be times many While intelligence. emotional exhibiting and done, stuff ting involves nonverbal communication that can be absolutely vital vital absolutely be can that communication nonverbal involves last spring, used his EQ training to gauge how he was doing as as doing how he was gauge to training EQ his used spring, last Justin Sommerkamp ’15, who was part of the pilot EQ program program EQ pilot of the part was who ’15, Sommerkamp Justin Danielle Arbogast ’15 also participated in the workshops, workshops, the in participated also ’15 Arbogast Danielle three lists Forrest segment, workshop’s introductory the In - - - -

“define leadership,” but little agreement on the definition of definition on the agreement little but leadership,” “define these in explored strategies of the strength the and beauty “The Arbogast generate a more immediate connection with new people people new with connection immediate amore generate Arbogast and overcome her tendency to withdraw in group interactions. group in withdraw to tendency her overcome and working relationships, however, NYU Law students have the tools tools have the students Law however, NYU relationships, working have yet a tremen practice, to easy are they that is workshops ers in their lives. Every single one of our students has leadership leadership has students one of our single Every lives. their in ers - or immi children, of their custody housing, employment, often emo to respond effectively and read accurately to able of being law began I since offices defense twopublic in “I’ve worked eficial. people of greeting ahabit making Simply says. she impact,” dous gration status—is at stake, emotions are often running high. high. running often are emotions stake, at status—is gration Senior Writer Atticus Gannaway is the author of a young adult novel. adult a young author of the is Gannaway Writer Atticus Senior potential.” The EQ workshops are a way to unlock that potential, potential, that unlock awayto are workshops EQ The potential.” she adds. “If they are aware of who they are and what they’re they’re what and are of whothey aware are they “If adds. she lead be to going are who lawyers “We’re creating Forrest. says importance the overstate cannot Isimply “and school,” says, she Learning to recognize and respond to those emotions allows you allows emotions those to respond and recognize to Learning then they will be leaders.” be will they then themselves. for leadership define to a reach potentially and communication improve to them use to liberty—and aclient’s When my own. client’sand the tions—both leadership. With a deeper knowledge of how to foster successful successful of how foster to knowledge adeeper With leadership. bringing to the table and how they interact with other people, people, other with interact how they and table the to bringing helped has for example, situations, social large-scale in name by better outcome for client.” outcome your better “The Law School isn’t just interested in creating great lawyers,” lawyers,” great creating in interested isn’t just School Law “The On the job, says Arbogast, the lessons have been equally ben equally have been lessons the Arbogast, says job, the On Forrest points out that there are 40 million Google hits for hits Google million 40 are there out that points Forrest - - - -

19 NYU law 2014 20 WWW.LAW.NYU.EDU t K Insp he c he pa bu are a g f rents’ servrents’ i organ i lt lt i ve k ve i i red byred her own n n ght ty ofty a f a F reedm i i orm ds ds ng ch ng i new york,new zat i n cr n i i dabl an ’80 an i on ce to ance. i to to s i e e s

F Ju Administration, the administrative arm of the state court system, system, court state of the arm administrative the Administration, O Who handcuffs children? It was degrading, inhumane, and uncon and inhumane, degrading, was It children? handcuffs Who own her in Freedman, steady and calm the made saw she What another Manhattan nonprofit, the Center for Family Representa for Center Family the nonprofit, Manhattan another of staff her surveyed handcuffs; the about attorney girl’s the asked which also happens to be the source of most of her agency’s funding. ofagency’s her of most source the be to happens also which manacled. routinely being were crazy.” “absolutely words, dren client had faced a marijuana charge, hardly a violent offense. aviolent hardly charge, amarijuana faced had client dren man’s lawyers began to demand that their nonviolent clients be be clients nonviolent their that demand to began man’s lawyers presumption had been flipped on its head. The Lawyers Chil For Lawyers The head. on its flipped been had presumption powerful executive director of Lawyers For Children (LFC), and her her (LFC), and For Children of Lawyers director executive powerful some 65 other lawyers and social workers; and called the head of of head the called and workers; social and lawyers other 65 some always, as Still, eyes. of her front in occurring stitutional—and free of restraints. Still, nearly a year later, the practice continued. practice later, the ayear nearly Still, of restraints. free unless they present a danger of violence to themselves or others. In In or others. themselves to of violence adanger present they unless Freedman turned indignation into strategy. into indignation turned Freedman Manhattan—and in no other family court in New York City—that York New in City—that court family no other in Manhattan—and stand of children sight the to inured become had courthouse the parents, teen of them many clients, their whether (CFR),tion ask to teens charged with minor offenses from criminal to family court court family to criminal from offenses minor with charged teens ings. On this day, she peeked in on a juvenile hearing in progress. progress. in hearing on ajuvenile in day, peeked she this On ings. ing in manacles throughout their proceedings, Freedman learned. Freedman proceedings, their throughout manacles in ing history with the court spans 30 years and thousands of proceed thousands and years 30 spans court the with history kept them in handcuffs during child welfare hearings. Everyone in in Everyone hearings. welfare child during handcuffs in them kept back. her behind shackled hands her with stood teeth, her big-windowed, award-filled corner office that looks out onto the outonto looks that office corner award-filled big-windowed, “It’s like pushing against Jell-O,” says Freedman, seated in her her in seated Freedman, Jell-O,” says against pushing “It’s like A teenage girl, clenching her lawyer’s business card between between card business lawyer’s her clenching girl, A teenage A bigger picture came into focus. Court officers who escorted escorted who officers Court focus. into came picture A bigger Freedman sent a demand letter to the New York Office of Court York New Court the to of Office letter ademand sent Freedman injustice. of sense attuned highly Freedman’s off set scene The After the hearing, Freedman launched an investigation. She She investigation. an launched Freedman hearing, the After The office agreed that handcuffing children had to stop. Freed to stop. had children handcuffing that agreed office The Under the law, every litigant is entitled to be free of restraints of restraints free be to entitled is law, litigant Under the every ost ne morning last year, Karen Freedman ’80 took a took ’80 Freedman Karen year, last ne morning short walk from her offices on Lafayette Street in lower Street Lafayette on offices her from walk short Manhattan to the white granite fortress that is the Man the is that fortress granite white the to Manhattan hattan Family Court. Freedman is the unassuming yet yet unassuming the is Freedman Court. Family hattan stice e ring ring ------

By CandyJ.By Cooper 60, she is as deceptively mild-mannered as Clark Kent, she is also also is she Kent, Clark as mild-mannered deceptively as 60, is she children personally while formulating public policy. Freedman’s policy. Freedman’s public formulating while personally children abuse survivors, and, most recently, lesbian, gay, bisexual, trans gay, bisexual, lesbian, recently, most and, survivors, abuse a merger of opposite traits: low-key and take-charge; steady and and steady take-charge; low-key and traits: of opposite a merger is she superhero, the Like ego. alter his as mighty apparently as her are These of demands. list a outlines then allies, finds and aggrieved foster children, from those who witness domestic vio domestic who witness those from children, foster aggrieved of subsets on many shonealight It has winning. always almost will say that this should be happening. They say, They ‘You’re absolutely happening. be should this that say will or bullying—until she gets what she wants. wants. she what gets she or bullying—until right!’ And then nothing changes.” nothing then And right!’ ner and now of counsel at Skadden, Arps, Slate, Meagher &Flom. Meagher Slate, Arps, Skadden, at now of counsel and ner part former Williams, says institution,” an build law can of big some to do wanting “how a lawyer exemplifies She floors. on three annual million $7 a with firm a nonprofit built has Freedman office, she’s butthen she’s representing, that kids the to sensitive erly and She’s moth tough. wayshe’s very apolite in dichotomy, because esting gender, and questioning youth. questioning gender, and There, in microcosm, is Freedman’s modus operandi. First comes comes First operandi. modus Freedman’s is microcosm, in There, “No one known. is Complex Detention Manhattan the as Tombs, passionate; creative and rational; self-effacing and wickedly smart. wickedly and self-effacing rational; and creative passionate; first steps before taking legal action (if necessary) toward reform. reform. toward necessary) (if action legal taking before steps first Most effectively, perhaps, Freedman persists—without bombast bombast persists—without Freedman perhaps, effectively, Most tive sense about a social injustice on a large scale. She investigates She investigates scale. on alarge injustice asocial about sense tive thing different and entrepreneurial and outside the mainstream mainstream the and outside entrepreneurial and different thing its ability to succeed at its micro and macro missions: helping helping missions: macro and micro its at succeed to ability its lives of mostly poor children in foster care in New York New in City. care at If, foster in children poor of mostly lives the vastly, improve, to good: public for asword the as law degree her,” says Vaughn Williams, an LFC board member. “And inter it’s board an LFC an her,” Williams, Vaughn says intui her triggers often which achild, to connection empathic her lence to older teens aging out of foster care to immigrants, sexual sexual immigrants, to care out of foster aging older teens to lence MICRO AND MACRO budget—almost $2 million raised privately—in a warren of offices of offices awarren privately—in raised million $2 budget—almost “There’s something so centered and focused and powerful within within powerful and focused and centered so something “There’s And, from her start in 1984 with a team of two and a donated adonated and of two ateam with 1984 in start her from And, In this way, Freedman has wielded her New York New her wielded University has way, Freedman this In The surprising power of that institution derives, in part, from from part, in derives, institution of that power surprising The Nothing changes, that is, until Freedman grabs hold. grabs Freedman until is, that changes, Nothing “way way better,” according way better,” according “way action lawsuits and appeals, appeals, and lawsuits action busi and demanding also of Freedman’s. “It’s a mind- of Freedman’s. amentor and Law of Clinical she And a lawyer. as nesslike City foster care system that is is that system care foster City upward trajectory.” upward LFC has filed scores of class- scores filed has LFC Professor LaGuardia Fiorello to Martin Guggenheim ’71, Guggenheim to Martin an in year, after year path, tent in court over three decades, decades, over three court in 50,000 some children ing has taken such a solid, consis asolid, such taken has boggling success story.”boggling The result is a New York aNew is result The In addition to represent to addition In ------

21 NYU law 2014 work rests on the proposition that every child deserves a voice. “It’s like pushing against Jell-O. Toward that end, every client at LFC is assigned a lawyer as well No one will say that this should as a social worker, so that a trained professional examines every be happening. They say, ‘You’re facet of a child’s life. Relationships form and deepen. By the time absolutely right!’ And then the court hearing arrives, children are presented as fully dimen- nothing changes.” sional people, not as cardboard cutouts of foster kids. “Her lawyers stand out,” says former Family Court Judge Jody Adams, now special adviser to the commissioner of the Department of Homeless Services for Children and Families in Shelter. “They’re Martin was placed in “kinship foster care” with an aunt and really smart, they know the law, and they know their clients. And uncle, allowing him to complete high school. But two days after her social workers are equally brilliant. They often brought older graduation, his foster parents handed him a plane ticket to Wiscon- children into the court who then expressed themselves to me. sin; he was to enroll that fall at the University of Wisconsin–Madi- I came to see their clients as individuals.” son. Until then, he had nowhere to live. “They’re kicking me out of LFC’s young clients, in turn, serve as experts on foster care. They the house and I have nowhere to go,” Martin told his LFC attorney. are eyewitnesses to a system that has left them in violent homes, It may as well have been the lament of every young adult who removed them from loving families, and often attempted to dis- aged out of foster care in New York City, especially those placed in card them as they entered adulthood—alone, jobless, and homeless. care voluntarily by parents who don’t want them. Young adults like Freedman’s gift is to listen to their voices and discern trends in Martin were cast adrift without an anchor to face adulthoods as everyday accounts. Then she goes to work at the very top of the child bleak as those in a modern-day Dickens novel—of homelessness, welfare food chain, meeting with commissioners she has known prostitution, drugs, prison, or early pregnancy. One New York City for decades, enlisting the aid of family and state court judges who study found that youths formerly in care comprised roughly one- respect her work, tapping New York’s prestigious law firms to lend quarter of the city’s homeless shelter population. their name—and letterhead—to particular fights. For Freedman, Martin’s case crystallized the aging-out crisis. With Legal Aid as co-counsel, she began negotiating with New York ESCAPE FROM RIKERS City to stop discharging foster youths into homelessness. The result, If a single client comes to mind for Freedman, it is Darren Mar- in 2011, was a sweeping court-ordered class-action settlement man- tin. A brilliant student, Martin began to slip academically in 1996, dating that all foster children be released to stable housing and when he was 15. He would threaten his classmates, and ravenously provided connections to jobs, further education, and at least one eat two free school lunches a day. Soon, his school’s dean learned caring adult when they age out of the system. that Martin’s mother had abandoned him for her boyfriends. He In addition, Freedman led the creation of a special court, within had been living alone in their Harlem apartment with no money New York City Family Court, whose sole job is to work with and and no food for three weeks. track closely the well-being of foster children from age 18 until 21. The city’s child welfare agency, the Administration for Chil- “These kids were in very bad shape,” says Douglas Hoffman dren’s Services, offered Martin some unappealing choices, including ’81, supervising judge of New York County Family Court. “Karen living in a group home—“That’s like dumping you in jail,” Martin suggested a radical change. She proposed a court that could be says—or moving in with his sister in Baltimore. “The City of New a model nationally. We’re still tweaking it, but it’s really a turn- York was just thinking of the quickest and easiest solution to get around from A to Z.” me off of their rolls. They clearly wanted to ship me away.” As for Martin, LFC negotiated with New York City to pay for A caring teacher called LFC, and Martin met with his new summer housing and Martin boarded the plane to Madison, where social worker and lawyer. “I felt understood,” says Martin, who he enrolled in a pre-college program until the fall. He graduated, told his team that his top priority was his education. “For how angry then earned a master’s degree, married, and became a father. Today, I was, I needed someone to redistribute and articulate those at 33, Martin serves as the student services coordinator in the finan- feelings into something else.” cial aid office of the University of Wisconsin–Madison.

Karen with parents With husband Roger Weisberg, 1974 At Wesleyan University’s commencement, with mother Doris and Alan, 1954 Doris, sister Nina, husband Roger, and father Alan, 1975 “If I had been fending for myself,” says Martin, “I probably 15-year-olds, a practice she now thinks of as “insane” and legally would’ve been that angry black teenager who ended up at Rikers.” suspect. Yet it opened her eyes. “It was transformative,” she says. “I loved working with kids. DO-GOOD DNA I felt energized by them. They were difficult, complicated, tough Freedman, an NYU School of Law trustee, is well aware of the dis- kids, but that’s what I knew I wanted to do. I didn’t know how, tance between her usually penniless clients and her own privi- I didn’t know in what form, but I knew that going forward in my leged origins in New York City. life I wanted to work with children.” Freedman’s energetic mother, Doris, was a crusader for art The very idea of making a difference had been cultivated dur- and artists. She presided over the Municipal Art Society, a pri- ing Freedman’s formative years at the progressive Ethical Culture vate organization dedicated to landmarks preservation and New Fieldston School, with its emphasis on social justice. The school’s York City’s building landscape, and founded the Public Art Fund, charge is not to teach students to adapt to the existing social order, a non-profit organization dedicated to mounting contemporary but rather “to change their environment to greater conformity art in the city’s public spaces. A plaque and named plaza at the with moral ideals.” Three generations of Freedmans are graduates. southeast corner of Central Park honor her legacy. Freedman’s She found similar values at Wesleyan University, where she father, Alan, a businessman, founded the WNYC Foundation to graduated summa cum laude, and where she met her husband, increase private funding for public radio. Roger Weisberg, a documentary filmmaker, whose work on social In Karen’s early teens, her family moved into the Century build- justice issues often dovetails with Freedman’s. In a highly coming on Central Park West. It was designed and built by Freedman’s petitive field of boosters, Weisberg says he is his wife’s greatest. maternal grandfather, Irwin Chanin, a New York City architect He fell, in part, for her “selflessness and compassion.” He admires responsible for many of New York’s jazziest Art Deco buildings, as how she has given voice to children. He respects Freedman’s agil- well as half a dozen Broadway theaters. The Irwin S. Chanin School ity as both adversary and ally. “She can collaborate with the very of Architecture at Cooper Union memorializes his work. people she’s dragging to court to force a reform,” he says. In 1969, not long after that move, the New York Times published After college, Freedman went to work in the Manhattan District a feature showcasing the work and home of Doris, who had become Attorney’s Office, where she came to appreciate the power of the New York City’s first director of cultural affairs. The story, “Even law. She decided on law school. “I felt that law school would allow Buying Art Is a Democratic Process in Freedman Home,” peered me the greatest opportunity to advocate on behalf of individual into the Freedmans’ life, suggesting facets of wealth and influence children and make positive systemic change,” says Freedman. that, Freedman says, told only part of her family’s story. “That was the trajectory that I wanted to follow.” Alan had grown up modestly in Brooklyn and Cleveland. He That clarity of thought and purpose led her to become a Root- joined the Air Force, and afterward went to work rather than Tilden Scholar. In 1977, Freedman was one of about 20 NYU Law college to support his young family. He began selling advertis- students selected for the program, which encourages careers in ing for a small New Jersey company that made desk accessories public service and public interest law. At the scholars’ first meet- and marine instruments, working his way up steadily to become and-greet, Freedman befriended Elaine Fink ’80. president. All along the way, Doris and Alan Freedman insisted on “I was taken with her,” says Fink, who is the managing attorney raising their family on their own earnings. for children’s advocacy at the Legal Aid Society of Southwest Ohio. Freedman modeled her parents’ dedication to work. In 1970, she “The way she talked about her work touched me and intrigued me. took a job as a counselor at Camp Ramapo for Children, in Rhinebeck, We both knew we weren’t competing for the best law firm job out New York, for kids with emotional and social disabilities. The expe- there. We had lofty, improve-the-world goals.” rience would deeply affect her and influence the course of her life. At NYU, Professor Guggenheim’s seminar on Children and “Most of the campers were inner-city kids,” says Freedman, who the Law began to shape Freedman’s thinking. In his scholarship, is petite and speaks in a thoughtful cadence, without “ums” or “uhs.” Guggenheim has examined the unwitting harm that can occur The camp philosophy then was to hire counselors close in when lawyers represent children. Under the banner of children’s age to the campers. Freedman, at 16, had the charge of a cabin of rights, he argues, lawyers for children often create antagonisms

In Paris as an exchange Karen and Roger with friends Elaine Fink ’80 and Oldest, middle, youngest: Karen, Nina, Susan, 1990 student, 1975 her husband Bob Shapiro, 1989 with parents, resulting in more broken families and more children alternative art space in SoHo, Recess, where artists work while the harmed in foster care. public may observe and interact. Daniel Weisberg is in an internal Freedman considers Guggenheim her most influential mentor medicine residency at Harvard, with a specialty in public health. and, at times, her most formidable ideological adversary. Liza Weisberg may hew most closely to her mother’s line of work; “The notion of an attorney acting in the ‘best interests of the she completed a two-year trial preparation assistant position at child’ can be used to cause great harm and detriment to children,” the Manhattan District Attorney’s office and has just begun her Freedman says. “That is why at Lawyers For Children the voice first year at Harvard Law School. “In the best possible way, she’s of the child is paramount. There is a social worker and a lawyer given me totally unreasonable expectations about what’s possible assigned to advocate for every child, and in those circumstances as a mother and a professional and a lawyer,” says Weisberg. where a child is developmentally incapable of comprehending and But a family joke reveals the extent of her mother’s caution. participating in the court proceedings, it is the skilled social worker Departing Cuba at the end of a family vacation during which Allison who will use substituted judgment to help the attorney formulate stayed behind for a college exchange program, the family was bat- the legal strategy on that case.” tered by a heavy rainstorm. Freedman fretted about leaving Allison. But before graduating from law school, Freedman faced a series What could possibly harm her, a family member wondered aloud. of devastating family losses. In 1979, her mother underwent rou- “I don’t know,” said Freedman. “She could get washed into tine surgery. In recovery, she stopped breathing and lapsed into a drainpipe?” a coma from which she never recovered. Two years later she died, The drainpipe became code for Freedman’s awareness of her at 53. Doris’s passing was followed little more than a year later by overprotective instincts, as in a text she might write to one of her Alan’s death from a heart attack. He was 58. children: “Are you home yet or are you in a drainpipe?” Eulogizing Alan for a New York Times obituary, Mayor Edward Then again, her protectiveness—of New York City’s foster care Koch ’48 said the Freedmans had performed “magnificent service” children—has been a life force. to the people of New York, leaving behind “monuments of spirit” to the city. They also left behind both inspiration and challenges THE MOST VULNERABLE for their three daughters just as they were entering adulthood. The colorful waiting area on the eighth floor of 110 Lafayette Street “We had a very, very close family,” says Freedman, “and there features a fanciful mural of an airplane flying through clouds, with was this unwritten thought, amongst all three of us, that the way the plane’s cockpit windows opening to the real receptionist’s to honor our parents would be to carry on a legacy of giving that window. A boy and a dog in a rowboat float alongside the plane, we saw them emulate for us.” and a Lawyers For Children banner flaps in the wind. All three sisters have done so amply. Susan Freedman is the cur- The inviting décor underscores the youth-friendly, one-on-one rent president of the Public Art Fund. Nina Freedman is part of the services of the organization—perhaps the Clark Kent side of the Global Philanthropy and Employee Engagement team at Bloom- operation—while in the offices beyond, Freedman and her staff use berg. Karen Freedman assumed the role of matriarch, keeping the legal muscle to challenge wrongdoing on a large scale. family glued together through years of loss and grief. Recently, Freedman turned her attention to the crisis among “Probably the hardest thing in having something like that hap- LGBTQ youth, one of the most preyed-upon subsets of children in pen to you when you’re relatively young—and I was in my early 20s foster care. Lawsuits and academic reports chronicle the overrep- and my youngest sister was just turning 20—is to try and ensure resentation of LGBTQ youth in care—usually black and Latino— that you don’t go on living the rest of your life in the crash posi- and how they suffer every imaginable abuse almost from the tion, fearful and immobilized,” says Freedman. She wills herself moment they come out to family: homophobic bullying, broken instead “to face challenges and take risks and allow my own chil- bones, sexual assault. dren to have the confidence, independence, and courage necessary LFC has long had a project to support individual clients, but in to make a difference in the world.” early 2012, Freedman perceived an opportunity to make change on Her three children are on their own paths toward public service a larger scale. A client served as catalyst. He reported abuse and in art, medicine, and law. Allison Weisberg founded an interactive neglect at his group home, Green Chimneys Gramercy Residence,

At an NYU Law round- Receiving the American Bar Association’s Four generations: Daniel Weisberg, Roger Weisberg, Karen Freedman, Lionel table on children’s Hodson Award for public service, on behalf of Freedman Huelster, Idell Weisberg, Allison Weisberg, Peter Barker-Huelster ’12, rights, 2007 LFC, with son Daniel and husband Roger, 2008 Larry Weisberg, Liza Weisberg, 2013 “There’s no winning Karen over. presence in a series of meetings signaled Freedman’s intent to sue She’s never going to decide to favor if change was not imminent. something because she likes you, Despite her longstanding friendship with Richter, she pressed him, demanding that the city vastly increase the number of safe or you want her to. She’s true to placements for LGBTQ youth, and that it train and advocate up herself and her core beliefs. ” and down the chain of child welfare services. “There’s no winning Karen over,” Richter says. “She’s never going to decide to favor something because she likes you, or you want her to. She’s true to herself and her core beliefs. Which, of course, can a nondescript brownstone in the East Village touted as a cutting- be very annoying. She has a ton of integrity.” edge program for LGBTQ youth. “He was telling us of inappropriate sexual advances being made by staff members to the young people TURNING UP THE HEAT living there,” Freedman says. “He told us there was no viable pro- Freedman’s agenda is never-ending. She has engaged profession- gramming, children were routinely locked out of the residence and als on her firm’s board to teach public speaking and self-presen- left on the streets, food was scarce, and staff were clearly without tation to a cadre of rotating “ambassadors” from among her 18- to adequate training—bullying, humiliating, and even abusing the 21-year-old clients. They will advocate on behalf of LFC, spread young teens in their care.” word of its programs to others, and learn how to best advocate for She contacted an old friend, Ronald Richter, who, under Mayor themselves in the process. And she is determined to take the most Michael Bloomberg, had been appointed commissioner of the cutting-edge research on brain science and apply it to New York Administration for Children’s Services. Richter was the city’s first City’s child welfare system. openly gay child welfare commissioner, and, coming from a long “We have a system that’s about 30 years behind in terms of good career as a family court judge, was well acquainted with the miser- practice,” says Freedman. Many agencies still use confrontational, able plight of LGBTQ youth in foster care. Freedman invited Rich- behavior-modification methods on youths who carry traumas ter, who is married and has a daughter, to LFC’s offices, where he akin to those brought home by war veterans. And when agencies heard stories from several of Lawyers For Children’s LGBTQ cli- seek arrest warrants for AWOL youths, the result often triggers a ents. “They felt incredibly validated, having that kind of access,” negative spiral, she says. “It’s really an abuse of the entire police Freedman says. system,” Freedman adds. Richter, in turn, was moved. “When you’re running a child Then there is the matter of the handcuffs. Freedman’s second welfare agency, everything is very, very important,” says Richter, demand letter elicited silence from the same state court office who has since returned, under the new city administration, to his that awards LFC $5 million annually. Self-preservation might dic- judgeship at Queens Family Court. “And there are only certain tate backing down; Freedman, however, stepped up pressure. She things that you can act upon with the force of a city agency. Karen tapped the prominent law firm Simpson Thacher & Bartlett, which made sure that this issue was acted upon with force.” sent yet one more letter. “It’s a way of strong-arming them,” Freed- Commissioner Richter himself made a series of unannounced man says mildly. “It will get their attention.” visits to the Gramercy residence, and while he worked with the This summer, the wheels started turning. In a letter, the state agency to remedy deficiencies with both the facilities and the court agreed to adopt new rules to remove handcuffs in family services, he finally ended the contract. “We agreed to disagree court “in a timely manner.” That may not end the practice. But about their ability to provide programming,” says Richter, “so there if history serves, Freedman will win this contest. On matters of was a parting of ways.” justice for children, she always does. (Green Chimneys declined to comment on the Gramercy closing.) As sure as time goes on, the cuffs will come off. n Freedman pushed on. She enlisted LFC board member Wil- liams, of counsel at Skadden. They co-signed a demand letter to Candy J. Cooper, a Pulitzer Prize finalist, is a journalist and author Richter, outlining specific protections for LGBTQ youth. Williams’s living in Montclair, New Jersey.

Presenting to a delegation of With fellow Root-Tilden alumnus LFC Youth Ambassadors: Luis Alonso, Sharabia Wilson With Tyasia Nicholson, judges and social workers from Judge Douglas Hoffman ’81, 2014 (back row), and Tyasia Nicholson, Crystal Claixto, a client and Youth Morocco, 2014 Quotasia Johnson (front row), 2014 Ambassador for LFC, 2014 26 WWW.LAW.NYU.EDU away from competing competing from away schools—and create create schools—and Law School—drawing School—drawing Law excellent candidates excellent candidates debt-free education to to education debt-free leaders who value value who leaders will both elevate the the elevate both will Law School from 1943 to to 1943 from School Law top-tier students, it it top-tier students, 1948, conceives of the the of conceives 1948, Root-Tilden Program Root-Tilden Program public service. service. public with two goals: By By goals: two with offering a quality, quality, a offering who was dean of the the of dean was who Arthur Vanderbilt, Vanderbilt, Arthur 1940s 1940s

Plan donates $360,000 to create create to $360,000 donates The Avalon Foundation Foundation Avalon The the Root-Tilden Scholarship Root-Tildenthe Scholarship 1950 1950 Scholarship Program has been nurturing acommunity Program, which the founda- the which Program, tion’s trustees initially intend intend initially tion’s trustees as a five-year “experiment” in “experiment” afive-year as nurturing public leaders for for leaders public nurturing the American bar. The first first bar. The American the passionate public interest lawyers into the world. Root-Tilden Scholars ma- Root-Tilden Scholars triculate in 1951,triculate receiv For more than 60 years, the Root-Tilden-Kern ing full tuition plus a plus tuition full ing stipend for books and and books for stipend living expenses. living seeds and enriching aschool that sends — With reporting by by reporting With Illustrations by Kara Van Woerden Van Kara by Illustrations - Center Foundation Foundation Center sity match the the match sity long-term; the Law Law the long-term; and the Univer- the and endow the program program the endow donates $875,000 to to $875,000 donates G program’s success, the ina R ina donation. ti Avalon Foundation Foundation Avalon odriguez Inspired by the the by Inspired 1956 1956

— ng

’70 form the Women’s the form ’70 Rights Committee to lobby lobby to Committee Rights for women’s inclusion in in women’sfor inclusion the program. Thanks to to Thanks program. the Tilden women matriculate in in matriculate women Tilden and Susan Deller Ross Ross Deller Susan and their efforts, the first Root- first the efforts, their Janice Goodman ’71 ’71 Goodman Janice 1969: Barbara Burnett, Erica Erica Burnett, Barbara 1969: Non-RTK students students Non-RTK McLean, and Mary Morgan. Mary and McLean, 1968 1968 1970 1970 Against the backdrop backdrop the Against of a national economic economic anational of decline, rampant rampant decline, inflation, and massive massive and inflation, unemployment, the the unemployment, Law School reduces reduces School Law Root-Tilden Scholar- ships to the cost cost the to ships of tuition only. tuition of It also adds a adds It also public service service public internship internship requirement. moral obligation for Roots earning above above earning Roots for obligation moral scholarships. Today, this is considered a considered Today, is this scholarships. A faculty committee chaired chaired committee A faculty who pursue for-profit work repay their their repay work for-profit pursue who by Norman Dorsen examines examines Dorsen Norman by thirds of tuition only. Implemented only. Implemented tuition of thirds original mission and the program program the and mission original the prevailing public interest salary. public interest prevailing the dent of the Starr Foundation. Starr ofdent the - ’79, now presi who is Davis Florence of AIG, counsel general Southwest Airlines, Herbert Kelleher ’56; and the former former the ’56; and Kelleher Herbert Airlines, Southwest in 1984, this mandate saves Root- saves mandate this 1984, in Program. The “Dorsen Report” Report” “Dorsen The Program. produced leaders in all aspects of law and even business, business, even of law and aspects all in leaders produced Martin Lipton ’55 and Herbert Wachtell ’54; the founder of founder the Wachtell ’54; Herbert ’55 and Lipton Martin including two of the founders of Wachtell, Lipton, Rosen & Katz, &Katz, Rosen of Wachtell, Lipton, founders of the two including service for 10 years and that those those that and 10 for years service at home.” Guneratne ’04, now an Alameda County (California) (California) County Alameda ’04, now an home.”at Guneratne public defender, remains a friend and mentor. and afriend defender,public remains bing falafel with my mentor, Kathleen Guneratne, my first day. my first Guneratne, my mentor, Kathleen with falafel bing She answered all my questions and made me feel completely completely mefeel made and my questions all She answered cates, a nonprofit law firm and advocacy organization in San San in organization advocacy and firm anonprofitlaw cates, The report also recommends that that recommends also report The F Francisco, still remembers the nurturing she received “grab received she nurturing the remembers still Francisco, itself, such as further reducing reducing further as such itself, kind of lawyer you wanted to be.” to you wanted of lawyer kind the state of the Root-Tilden the of state the was always someone willing to discuss issues and problems,” problems,” and issues discuss to willing someone always was for the ACLU’s Criminal Law Reform Project. And that first first that And Project. Reform Law ACLU’sfor the Criminal impression stayed true throughout his three years. “There “There years. three his throughout true stayed impression he says, “someone who would help you think through what what through help you whowould think “someone he says, Center—really surprised me,” says Buskey, now an attorney me,” attorney Buskey, now says an surprised Center—really NYU—in the Root Program and in the Public Interest Law Law Interest Public the in and Program Root the NYU—in at support programmatic “The evaporated. uncertainty His orientation, which included overnight camping and hikes. hikes. and camping overnight included which orientation, its scholarship amount to two- two- to amount scholarship its preserve both the program’s program’s the both preserve Roots promise to work in public public in work to promise Roots makes recommendations to to recommendations makes The RTK Program has a rich history. Since 1954 it has it 1954 has Since history. arich has Program RTK The Tilden from economic failure. economic from Tilden 1982 1982 Angelica Jongco ’05, a senior staff attorney at Public Advo Public at attorney staff ’05, Jongco asenior Angelica Before law school began, however, Buskey attended RTK RTK however, attended Buskey began, law school Before

to.New York, New to ’06 adjust to alot new had ayetteville, North Carolina, native Brandon Buskey Buskey Brandon native Carolina, North ayetteville, - enter intimidated law, atad he was interest public ing NYU Law as a Root-Tilden-Kern Scholar. aRoot-Tilden-Kern Scholar. as Law NYU ing 1990 1990 Dean John Sexton asks professors professors asks Sexton John Dean

Lewis Kornhauser and Richard Revesz Revesz Richard and Kornhauser Lewis to examine this question: “Is the high high the “Is question: this examine to cost of a law school education the the education school alaw of cost reason more students do not choose choose not do students more reason public service jobs after graduation?” graduation?” after jobs service public Their research leads to the Innova- the to leads research Their tive Financial Aid Study, which which Study, Aid Financial tive grants $10 million—half provided provided $10 million—half grants by an anonymous donor, half anonymous an by 1998 1998 by the Law School—to fund fund School—to Law the by The program is renamed Root-Tilden-Kern in honor honor in Root-Tilden-Kern renamed is program The of Root-Tilden alumnus and NYU Law Trustee Jerome Jerome Trustee Law NYU and Root-Tildenof alumnus Kern ’60, who donates $5 million, doubling the program’s program’s the doubling million, $5 ’60, donates who Kern endowment. This jump-starts a fundraising campaign campaign afundraising jump-starts This endowment. to raise $30 million by 2004, the 50th reunion of the the of reunion 50th the 2004, by million $30 raise to inaugural class. Nearly 470 alumni of the program program the of 470 alumni Nearly class. inaugural three Root-Tilden classes Root-Tilden classes three donate, and the campaign surpasses its fundraising goal. fundraising its surpasses campaign the and donate, beginning in 1995. beginning - -

Review of Law & Social Change &Social Law of Review community at NYU Law. In fact, the founding of the Public Interest Interest Public of the founding the Law. fact, In NYU at community advantage, according to Chief Judge Theodore McKee of the US US of the McKee Theodore Judge Chief to according advantage, Series. Speaker Interest Public night Monday the to entrance and internships summer interest for public funding students all to able - avail making including population, school entire the to accessible are “not an isolated bunch,” he adds. “They’re an extraordinary extraordinary an “They’re bunch,” he adds. isolated “not an are of public interest–minded folk.” interest–minded of public one of the program’s biggest cheerleaders. “NYU understands understands “NYU cheerleaders. biggest program’s one of the received Nystedt collective.” leadership Representation’s & Law on on the while Clinic, Rights Immigrant the in years two during group of scholars integrated into a vibrant and vital community community vital and avibrant into integrated of scholars group Court of Appeals for the Third Circuit. He has served on the on the served He has Circuit. Third for the of Appeals Court program has, over time, spurred the growth of the public service service public of the growth the spurred over time, has, program funding available to any NYU Law student to organize an Alterna an organize to student Law NYU any to available funding students,” McKee says. “That critical mass transforms qualita transforms mass critical “That says. McKee students,” RTK Selection Committee annually since 2004 and has become become has and 2004 since annually Committee Selection RTK formed relationships through family my own built “I’ve ’14. Nystedt programming Root’s make to begin 1992 would in (PILC) Center Law tive Winter Break trip to Arizona, where seven students worked on worked on students seven where Arizona, to trip Break Winter tive family,”Kendal says own your assemble to space is there that page). The next on the illustration (see country the throughout tively the experience of public interest law students.” RTK Scholars Scholars RTK law students.” interest of public experience the tively law interest of public mass acritical of gathering importance the immigration enforcement issues at the southern border. southern the at issues enforcement immigration “The public interest community at NYU is large enough enough large is NYU at community interest public “The This sharing of the wealth, as it were, is to everyone’s to is it were, as wealth, of the sharing This RTK alumni also hold influential public service positions positions service public hold influential also alumni RTK 2006 The University of of University The Washington School of of School Washington Law creates the Gates Gates the creates Law Public Service Law Law Service Public Program, explicitly explicitly Program, modeled after after modeled Root-Tilden- Kern. tuition debt for the first the for debt tuition

Sixteen RTK Scholars Scholars RTK Sixteen graduate with zero zero with graduate time in more than than more in time , and as a member of the Coalition Coalition of the amember as , and 2008 2008 two decades.two

Christine Pakkala 2014 2014 This year’s 1L class class 1L year’s This includes 19 scholars: 19 scholars: includes 12 of them are women, women, are them of 12 16 are students of of students 16 are color. They hail hail color. They from 12 states, the the states, 12 from District of Colum- of District and Canada and and Canada and bia, Puerto Rico, Rico, Puerto bia, bring with them them with bring a range of ex- of a range pertise such as as such pertise mathematics, mathematics, political science, science, political journalism, sociology, sociology, Spanish, and and Spanish, chemical engineering. engineering. - -

27 nyu law 2014 28 WWW.LAW.NYU.EDU Are challenges there for particular apublicinterest Wife Tending the Roots What are your prioritiesasheadofMy PILC? immediate priori- What are your goals for theRTK Program? Ihave two Why is it so important that every law student participate in public that everyWhy inpublic law important student isitso participate Services]. Second, connectingtheRootsServices]. more strongly with forSanctuary Families’ Center for Battered Women’s Legal Get toknowDeirdre von Dornum,who But it’s agood thingtokeep inmindthat theresources must On a personal note,On apersonal Inoticed you have anunusualmiddlename, Continuing theHollywood themefor amoment, the publicinterest community. ties are toforge stronger connectionswithgovernment employ tive student asked—given howstrong individualstudents such to connectstudents more strongly withthepublicinterest alumni. touches theclientonshoulderinfront of thejury to take representing cases indigent defendants and the kindof work that I’ve done. Icontinue That said, Do you thinkitworks? Sure. Ibalance agreat dealof awareness of the Dionysia. initial goals: first, makingsureinitial goals: first, every form of public in need so that this can be carried intoevery becarried legal that thiscan in needso career. work by law firm partners such as Catherine Amirfar ’00 work by ’00 suchasCatherine Amirfar law firmpartners I heard that Julianna Margulies trailed you for sev who they are. onwhat he orshecares based aboutindividually.a standout and get attention andresources? eachof Isee thestudents as as theRTK Scholars are—how hecould possiblybeastandout [of Debevoise &Plimpton],totheamazingwork by direct- always will. manners orgestures that shereally cares about herclient. public interest lawyersstudents todo andsupport ers; to help every student at NYU participate at some point during tohelpers; everypointduring at some student at NYUparticipate be spread equitably. or thejudge. hertoalways Itaught showthrough her services lawyersservices like Dorchen Leidholdt ’88[director of isviewedservice equally, from thetremendous pro bono sorrows of theworld with alotof joy andinterest inpeoplecelebrating sorrows inIrish mythology. law inpublicinterest school work; and,aswiththeRTK Program, interest work? To get thefeeling earlyonof directly helping people opportunities? eral days toresearch therole sheplays onTheGood scholarship programscholarship noted at a school for itspublicinterest up from you? You’ll ontheshowthat shealways see became the assistant deanfor theassistant became public service inSeptember 2013. service . What doesshedoontheshowthat shepicked Yes, my parents meantittocounteract Deirdre, thequeen of At arecent Admitted Students Day, aprospec What madeyou decideto Center? positive force tocreate more which you represented clients like theSomalipirate ers after 11years, during give upFederal Defend- movie lead thePublic Interest Law depicted intheTom Hanks , to Captain, to Phillips I really want to be a I really want tobea

Matthew Ginsburg ’05 Ginsburg Matthew Law Labor Counsel, AFL-CIO Counsel, General Associate and Development Development and Preservation Housing of Department York City New Commissioner, ’83 Been Vicki Housing

Advocates Rights Disability Attorney, Staff ’10 Janssen Kara Rights Disability

International Criminal Court Adviser, Cooperation International Associate ’07 Mbizvo Shamiso Justice of Court International (2000–10), Judge ’60 Buergenthal Thomas Law International Homelessness Homelessness End to Coalition Jersey New Director, Executive ’82 Ellis Deborah Advocacy Social Services NYU School of Law of School NYU Clinic, Justice Global Law, Clinical of Professor Mar Rights Human International Human Rights Rights Human for Physicians of Programs, Director ’94 Brown Widney garet Satterthwaite ’99 Satterthwaite garet Protection Agency Protection US Environmental Administrator, Deputy the to Advisor Policy ’12 Roberts Martha Law Environmental

Middleton: kvonphotography.com of Education Education of Department City York New Attorney, Ale Policy Education xander Fong ’04 Fong xander NYU School of Law of School NYU Clinic, Rights Immigrant Law, Clinical of Professor Associate ’05 Das Alina NYU School of Law of School NYU Clinic, Rights Immigrant Law, Clinical of Professor Nan Rights Immigrant

cy Morawetz ’81 Morawetz cy Rights Rights Constitutional for Center Director, Legal ’96 Azmy Baher Fund Educational and Defense Legal American Asian Director, Executive ’78 Fung Margaret Rights Civil

Defenders Defenders Public Orleans Defender, Public Chief ’98 Bunton Derwyn Defense Public Law and Policy Policy and Law HIV for Center Director, Legal ’05 Madrigal Espinoza- Iván Rights LGBTQIA Veterans Legal Center Legal Veterans Founder, Connecticut and Director Executive ’07 Middleton Margaret Affairs Veterans State Court of Appeals of Court State York New Judge, Associate ’85 Rivera Jenny Judiciary Attorney’s Office Office Attorney’s District YorkNew County Attorney, District Assistant ’12 Kovoor Philip Prosecution Nicholas Melvoin Nicholas Steven Hawkins In the last 60 years, the RTK Program has produced produced has Program RTK the years, 60 last the In more than 900 graduates. Above is just a sampling asampling just is Above graduates. 900 than more interest fields, and some who are just emerging. just are somewho and fields, interest of RTK alumni who are at the top of their public public of their top the at whoare alumni of RTK Julie Brill Brill Julie Read about other RTK alumni in our pages: pages: our in alumni RTK other about Read

IN ’14 ’85 ’88 , page 40; 40; , page , page 48; 48; , page

B , page 42; 42; , page College of Law O’Connor Day Sandra Law, of Professor Associate ’11 Scharff Erin York New of University City Chancellor, James Milliken ’83 Academia L OOM Anthony Foxx Anthony Jenny Yang Jenny Julie Mao Julie Administration Aviation Federal Attorney, ’07 Siso Carlos Treasury the of US Department Counsel, General ’96 Meade Christopher Government Federal ’96 ’11 US Senator (R-TN)US Senator Lamar Alexander ’65 US Congress (D-CO) (D-CO) US Representative Whip, Deputy Chief ’82 DeGette Diana ’96 , page 45; 45; , page and , page 80. , page 29 nyu law 2014 30 WWW.LAW.NYU.EDU Katherine Strandburg warning against such patents. If “claims to to “claims If patents. such against warning Strandburg Katherine Supreme US the ruling, 2012 controversial and aunanimous In Court held that Prometheus Laboratories could not patent a method amethod patent not could Laboratories Prometheus held that Court lectual property issues are growing in importance. They are also also are They importance. in growing are issues property lectual result will be a vast thicket of exclusive rights over the use of criti use over the rights of exclusive thicket avast be will result “the argued, brief the stand,” to permitted are treatment medical future, jokes John M. Desmarais Professor of Intellectual Property Property of Intellectual Professor Desmarais M. John jokes future, not-too-distant the In broadcasts. of television retransmission ing if physicians widely available remain must that data scientific cal justices took several major patent cases—including one involving one involving cases—including patent major several took justices the term, recent most their During pervasive. more becoming are to provide sound medical care.” medical sound provide to are of Law Professor Engelberg B. Alfred by authored brief amicus an gastrointestinal treat to used drugs certain to response a patient’s exclusive rights over the body’s natural responses to illness and and illness to responses natural body’s over the rights exclusive dose. treatment proper the and disorders between on correlations relied method The drug. of a therapeutic amount optimal an receiving is apatient whether of determining software—as well as a much-watched copyright dispute involv dispute copyright amuch-watched as well software—as copyrights, and trademarks, the group explores a common question: question: acommon explores group the trademarks, and copyrights, As technology infiltrates nearly every aspect of our lives, intel lives, our of aspect every nearly infiltrates technology As In the Court’s opinion, Justice Stephen Breyer quoted from from quoted Breyer Stephen Justice opinion, Court’s the In now While six. numbers ranges expertise their across patents, With a series of recent hires, NYU Law’s formidable IP faculty faculty IP Law’s NYU formidable hires, recent of With aseries Creative License What best drives innovation? drives What best Illustrations by D B y Erin Geiger Smith Geiger y Erin - - - years,” says Mark Lemley, a Stanford Law School IP professor professor IP School Law aStanford Lemley, Mark says years,” Tangri in San Francisco. “It is arguably one of the best.” one of the arguably “It is Francisco. San in Tangri Law Barton Beebe, the age-old Property course will largely revolve revolve largely will course Property age-old the Beebe, Barton Law who has been a faculty member and IP stalwart since 1983. since stalwart IP and member afaculty been who has five of the country’s most active and sought-after IP academics to to academics IP sought-after and active most country’s the five of has had a major impact on the subject matter, including Dreyfuss’s Dreyfuss’s including matter, subject on the impact amajor had has rather than land and goods. and land than rather members and adjunct professors, they offer nearly 30 intellectual intellectual 30 offer nearly they professors, adjunct and members Dreyfuss, Rochelle join all They 2013. in Schultz Jason and man Sprig Christopher and 2012 in Fromer Jeanne by followed 2009, in joined Strandburg and Beebe five years. past the during faculty its patents, copyright, and trademarks. The professors’ scholarship scholarship professors’ The trademarks. and copyright, patents, in courses advanced and core including ayear, courses property ate intellectual property rights. Along with other full-time faculty faculty full-time other with Along rights. property intellectual ate Durie firm litigation civil complex of the partner afounding and expressions and inventions like of things ownership the around drives innovation—the primary reason for having laws that cre that laws for having reason primary innovation—the drives best what is explore all they one question areas, overlapping) “NYU Law has assembled an amazing group in IP in just a few afew just in IP in group amazing an assembled has Law “NYU With an eye to the 21st-century economy, NYU Law has added added has Law economy, NYU 21st-century the eye to an With While the six IP professors focus on different (though often often (though on different focus professors IP six the While a n P age

- -

31 NYU LAW 2014 32 WWW.LAW.NYU.EDU Attorney General’s Office, and Eleanor Fox ’61, an expert in global global in expert Fox Eleanor an and ’61, Office, General’s Attorney Imitation Sparks Innovation Innovation Sparks Imitation Patents protect original inventions on everything from car parts parts car from on everything inventions original protect Patents York New of the State Bureau Antitrust of the chief former First, law for updating strategies innovative for generating and Berkeley at clinic atop-notch developed for having known is Clinic, Policy Law Emerita and continues to make significant contributions to contributions significant make to continues and Emerita Law who teaches art law and has weighed in on moral rights. Practi rights. on moral in weighed has law and art who teaches would use another’s patented property, it must either pay the owner owner the pay either it must property, patented another’s use would Zimmerman, an award-winning former reporter for reporter former award-winning an Zimmerman, invention. That means if a company wants to sell a product that that aproduct sell to wants acompany if means That invention. innovation. Schultz, who founded NYU Law’s Technology Law and and Law Technology Law’s NYU founded who Schultz, innovation. harms than rather promotes fashion, as such areas, creative in book Sprigman’s and infringement for IP audience proper of the Fromer’s examination including code. sumptuary new the law as trademark examining paper ing for a license or risk being sued. sued. being or risk for alicense them. develop helps of colleagues group unparalleled an and ideas of generic release delaythe that settlements patent whether ing with And, entertainment. and fashion, biotechnology, including Adler, Amy of Law Professor Kempin Emily as such cializations, spe non-IP with faculty in draws it also business, and culture behavior to understand innovation; and Beebe’s groundbreak Beebe’s and innovation; understand to behavior and the the and revolution. digital the in citizens serve to policy and of cultural studies law; Strandburg’s patent on changing analyses and the owner of a patent has the exclusive right to use his or her or her his use to right exclusive the has of apatent owner the and curriculum. the play in arole also issues, antitrust the intellectual life of the group. of the life intellectual the to prescription drug formulas to plastic bracelets on the arms of arms on the bracelets plastic to formulas drug prescription to IP, law and includ competition between crossover constant the fields, IP-heavy particularly in electives various teach also tioners elementary-schoolers. Patents must be applied for and approved, approved, for and applied be must Patents elementary-schoolers. generate sparks endless where environment academic orating” Harry professors antitrust anti-competitive, illegally are drugs All this activity adds up to what Sprigman describes as an “invig an as describes Sprigman up what to adds activity this All Diane expansion, their and protections copyright in expert An The other professors have also made early marks in the field, field, the in marks early made have also professors other The of issues greater with overlaps often law so IP Because New YorkNew News Daily AENTS PATE (2012), which suggests that copying copying that (2012), suggests which , is now Samuel Tilden Professor of Professor Tilden now Samuel , is The Knockoff Economy: How How Economy: Knockoff The

Newsweek Newsweek - - - - -

Alan Latman became ill, she was was she ill, became Latman Alan versaries since and jokingly advises her students to be careful what what careful be to students her advises jokingly and since versaries Newman Professor of Law, first Law, of first Professor Newman Novartis before becoming a lawyer, is particularly interested in in interested particularly is alawyer, becoming before Novartis on its court the evaluating apaper write to asked was Dreyfuss with Dreyfuss. Ginsburg also cited Dreyfuss’s deep knowledge of of knowledge deep Dreyfuss’s cited also Ginsburg Dreyfuss. with professor NYU longtime when her more-than-30-year career in academia, Dreyfuss has pro has Dreyfuss academia, in career more-than-30-year her have gone mainstream, courts courts have gone mainstream, human genes can be patented and whether drug patent owners owners patent drug whether and patented be can genes human Fed of the 1982 founding the following hot” get to law “happened most innovation. innovation. most on theories develop to research the the with struggle to continue is unfortunately rare in the legal academy,” says Jane Ginsburg, academy,” Ginsburg, Jane legal says the in rare unfortunately is to even and up speed to get fuss patent protection—and should patent protection—and patent law as it relates to life sciences and pharmaceuticals. pharmaceuticals. and sciences life to it relates law as patent joined NYU Law, she had planned Law, planned had she NYU joined jurisdiction over most patent appeals and was created to allow the the allow to created was and appeals patent over most jurisdiction their improve to seeking China to Russia from governments by and shouldn’t be. Both profes Both be. shouldn’t and have technical Strandburg, and Dreyfuss including experts, and a Columbia Law School IP professor and a frequent collaborator collaborator afrequent and professor IP School Law a Columbia Drey helped Latman well. as law course apatent teach to asked expert copyright renowned and to focus on civil procedure. But But procedure. on civil focus to lev of what question broad the for eligible aren’t and are tions try and worked as a research chemist at the company that is now is that company the at chemist aresearch worked as and try it for years. 30 doing be they lest about, write they anni on several analysis that repeated She has history. then-short the US Court of Appeals for the Federal Circuit. Circuit. Federal for the of Appeals Court US the els of protection will lead to the the to lead will of protection els empirical using of patentability, inven of which question oretical might litigation patent while So areas in backgrounds or scientific development of unified patent law. patent ofdevelopment unified which judges, by also but scholars property intellectual by only not appreciated “Her work very is law issues. patent domestic patent systems. own sought-after her made has that of scholarship array avast duced of course the Over on patents. paper research first develop her eral Circuit, unique among the appeals courts in that it has sole sole it has that in courts appeals the among unique Circuit, eral sors’ work delves into the issue issue the workinto delves sors’ or engineering. physics as such About the time she began focusing on IP, Dreyfuss says, patent patent says, on IP, Dreyfuss focusing began she time the About When the Federal Circuit celebrated its five-year anniversary, anniversary, five-year its celebrated Circuit Federal the When When Dreyfuss, Pauline Pauline Dreyfuss, When These days, Dreyfuss, who has a master’s degree in chemis in degree amaster’s whohas Dreyfuss, days, These Dreyfuss also has a reputation for practical scholarship on scholarship for practical areputation has also Dreyfuss Cases in that arena, addressing questions such as whether whether as such questions addressing arena, that in Cases Many patent law practitioners law practitioners patent Many - - - - - looking for ways to make make to ways for looking principles of science stay stay science of principles in the public domain and and domain public the in promote the progress of heavily on this question question this on heavily science…. They’ve been allow patenting only of of only patenting allow has weighed in pretty sure the fundamental “The Supreme Court impede rather than than rather impede of whether patents patents whether of ROCHELLE DREYFUSS applications.”

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that relate to what patent patent what to relate that some cases, maybe there with the purpose of creating and innovating. Strandburg and her her and Strandburg innovating. and of creating purpose the with in stay of science principles fundamental the sure make to ways hot topic in the patent world. patent the in topic hot on howpatents gene areport issued which society, and health, nological progress. In recent years, she has conducted research research conducted has she years, recent In progress. nological ing. Dreyfuss argues that enterprises that offer gene-based testing testing offergene-based that enterprises that argues Dreyfuss ing. on this heavily pretty in weighed has Court Supreme “The court. market maintain to drugmakers generic with deals strike can fellow researchers, including standout student Can Cui ’12, now ’12, Cui Can student standout including researchers, fellow how understand to effort an law in of IP questions theoretical more progress of science,” says Dreyfuss. “They’ve been looking for looking been “They’ve Dreyfuss. of says science,” progress and that those conducting research on genes should be granted granted be should on genes research conducting those that and test- to genetic access patients’ affect practices licensing and an associate in the Hong Kong office of Morrison & Foerster, have Foerster, & of Morrison office Kong Hong the in associate an or information knowledge shares collaboratively that group any as allows progress in scientific research without taking away devel taking without research scientific in progress allows the patent system could best work to promote scientific and tech and scientific work promote to best could system patent the on genetics, services human and of health secretary for the tee the public domain and to allow patenting only of applications.” of applications.” only patenting allow to and domain public the exemptions from infringement. Such exemptions remain a remain Suchexemptions infringement. from exemptions the promote than rather impede patents of whether question nation’s highest the at of focus subjects have been exclusivity, opers’ incentives to innovate. She served on an advisory commit advisory on an She served innovate. to incentives opers’ studies of what she calls “knowledge commons,” broadly defined defined broadly commons,” “knowledge calls she of what studies claims infringement patent from protections receive should are some ways in which which in ways some are law is doing? Maybe you you Maybe doing? is law something themselves. myself, Well, how does does how Well, myself, need less patent law in in law patent less need patent law interferes interferes law patent KATHERINE STRANDBURG innovate is because innovate “One reason people with those things. So I started asking asking Istarted So Dreyfuss has continually advocated for a patent system that that system for apatent advocated continually has Dreyfuss Strandburg, who has a PhD in physics, seeks answers to the the to answers seeks physics, in aPhD whohas Strandburg, they want to use use to want they ”

vate and whether they do so they whether and vate Law School and Michael Mad Michael and School Law of Cardozo Frischmann Brett without seeking or being able able or being seeking without how each of those groups inno groups of those how each from ranging groups at looked little concern about which of which about concern little mons mons cern later, Strandburg says, as as says, later, Strandburg cern of Pitts University of the ison Strandburg’s teams. derby roller to surgeons to gatherers news collaborators discovered that her and Strandburg children, affect that diseases rare ing pharmaceutical companies to to companies pharmaceutical burgh School of Law, examines of Law, School examines burgh book and shared data with apparently Insti National the of auspices to seek formal patent protection. patent formal seek to their research. research. their with interact teams research the together worked researchers the research are of Health, tutes the who, under of doctors tion them could patent what. Pat what. patent could them develop treatments based on based treatments develop con of increasing be may ents For instance, in an evalua an in For instance, Governing Knowledge Com (2014), co-authored with ------

“Pretty Woman” lyrics—and new litigation—like the 2013 Second Second 2013 the litigation—like new Woman” lyrics—and “Pretty Thicke’s 2013 summer hit “Blurred Lines”—make it easy to grab grab to it easy Lines”—make “Blurred hit summer 2013 Thicke’s whether patents are available. In other words, where patent pro patent where words, other In available. are patents whether of regardless innovate will that acommunity is there whether work’s copyright, or whether a website’s use of a news organiza of anews awebsite’s use or whether work’s copyright, Circuit decision for the artist Richard Prince concerning fair use, use, fair concerning Prince Richard artist for the decision Circuit Unlike a patent, which must be applied for, anyone who writes an an for, writes who applied anyone be must which apatent, Unlike creativity and innovation—are actually true. actually innovation—are and creativity not only on the details of the particular invention but also on but also invention particular of the details on the only not cases, the audience used to determine infringement is a mix of amix is infringement determine to used audience the cases, copyright some in that, law, noting case patent and copyright examined professors The Lemley. Stanford’s with co-authored of Roy Orbison’s use over its Crew 2Live favor group of rap in ing copyright students’ attention, Fromer says. Fromer attention, students’ copyright patent protection for those areas. areas. for those protection patent Strand Though innovation. spur to necessary is protection pressing issue in copyright cases as whether the assumptions assumptions the whether as cases copyright in issue pressing of anoth part incorporates that aphotograph Whether protection. believe that the question of what is patentable should depend depend should patentable is of what question the that believe conclu final any reach to necessary is research more says burg being hammered out in court. court. out in hammered being take that into account and consider limiting the availability of availability the limiting consider and account into that take law should the perhaps innovation, spur to unnecessary is tection the so-called ordinary observer and experts in the relevant field. field. relevant the in experts and observer ordinary so-called the different. so innovation—look promote and inventors protect to questions common are use” “fair is or imagery tion’s reporting ents. She is attracted to the fact that the two systems—both designed designed systems—both two the that fact the to attracted She is ents. over Gaye’s estate Marvin and Thicke Robin between battle or the promote to required is protection built—that law is IP on which the broader have identified Sprigman and Fromer Strandburg, earlier the violate to not enough “transformative” is er’s painting for copyright eligible is painting a new or creates song original sions, empirical research she and others have done leads her to to her have done leads others and she research empirical sions, Addressing themes similar to those explored by Dreyfuss and and Dreyfuss by explored those to similar themes Addressing Fromer compared the two in a paper published this year and and year this published apaper in two the compared Fromer In other research, Strandburg addresses how much patent how much patent addresses Strandburg research, other In Fromer splits her time fairly evenly between copyright and pat and copyright between evenly fairly time her splits Fromer 1994 rul the as decisions—such Court Supreme Landmark COPYRIGHT ------

33 NYU LAW 2014 34 WWW.LAW.NYU.EDU Kent College of Law and Zachary Burns, a postdoctoral fellow a postdoctoral Burns, Zachary and of Law Kent College has a person’s patent whether hand, other on the cases, patent In have substituted the copy for the original and what is original original is what and original for the copy the have substituted for too long, a lot of intellectual property protection has been a been has protection property of intellectual alot long, for too would aconsumer whether both ask that cases copyright from harm doesn’t copy the or money. if of time Therefore, investments their recover can’t they if creating cease will people that is idea general the and things, valuable create to for people incentives involves asking volunteers to complete tasks that require cre require that tasks complete to volunteers asking involves areal is There changing. really is That enterprise. faith-based basic level how the mechanism does or doesn’t work.” or doesn’t does mechanism levelhow the basic create.” to incentive their diminishing be it shouldn’t because of experts. perspective the from only judged often is infringed been about the work the party is looking to protect, Fromer says. says. Fromer protect, to looking is party work the the about at the Kellogg School of Management at Northwestern University, University, Northwestern at of Management School Kellogg the at at a pretty basic level how how level basic apretty at topher Buccafusco of the Illinois Institute of Technology Chicago- of Technology Institute Illinois of the Buccafusco topher apretty at understand to trying toward scholarship the in turn what turn, in and, creativity drives what evaluate to seeks that care to noreason “there’s says, she marketplace, the in creator the develop incentives for continued creativity. for continued incentives develop sort of formal intellectual property protection is necessary to necessary is protection property intellectual of formal sort really changing. There has been a faith-based afaith-based been has does or doesn’t work.” doesn’t or does trying to understand understand to trying Fromer is also working on a research project with Sprigman Sprigman with project on a research working also is Fromer For that reason, patent lawyers, judges, and scholars can learn learn can scholars and judges, lawyers, patent reason, For that Copyright and patent protection exist, Fromer says, to provide provide to says, Fromer exist, protection patent and Copyright Sprigman and Fromer’s project, done in partnership with Chris with partnership done in Fromer’s project, and Sprigman “because Sprigman, says important, work is empirical Such property protection protection property scholarship toward toward scholarship CHRISTOPHER SPRIGMAN is a real turn in the the in turn areal is a lot of intellectual intellectual of a lot enterprise. That is the mechanism “For too long, long, too “For

work involves analyzing cre analyzing work involves lectual property protection. protection. property lectual in which, for whatever reason, reason, for whatever which, in software, open-source and ion, increased creativity. to apatent—would lead receive what, no matter for areward eligible they’re when creative tick more receive will it best ment to receive copyright copyright receive to ment plan to complete in 2014, is to to is 2014, in complete to plan study, they which of the pose protection—as is required to required is protection—as be eligible. The results will will results The eligible. be are encouraged to be more be to encouraged are ative areas, such as food, fash food, as such areas, ative the completes who anyone told that is group One ativity. a threshold level of achieve a threshold tasks will get tickets. The pur The tickets. get will tasks gauge whether participants participants whether gauge for a$1,000 eligible be will task - or no intel little very is there they have to meet some sort sort some meet have to they only those who are best at the the at best whoare those only toldthat is group Another ets. do who those that but drawing or if they’re more creative if if creative more they’re or if of threshold of creativity to of creativity of threshold suggest whether requiring requiring whether suggest Another arm of Sprigman’s of Sprigman’s arm Another ------

Whereas fair use is most commonly thought to be transforming transforming be to thought commonly most is use fair Whereas The works themselves stayed the same. same. the stayed themselves works The Books case, in which the Authors Guild sued the search giant over giant search the sued Guild Authors the which in case, Books and innovation, which in cases watching closely also are Fromer would have on research including “data mining,” which involves involves which mining,” “data including have on research would says. Sprigman analysis, the in mean can “transformative” what Novem in ruled level, court district the at case the heard who California, Los Angeles law pro Angeles Los California, how it pushes against intellectual property law, are playing out law, playing are property intellectual against how it pushes law,” Sprigman says. He points He points says. law,” Sprigman you learn is industries low-IP in question are being read by humans as they would be if sitting sitting if be would they as humans by read being are question in ing that they enforce against against enforce they that ing steal joke against norms nity law, they’ve but hesays, formal formal on necessarily relying ways many are There innovate. Raustiala. Kal fessor of University with co-authored in closely watching the Google Books case. As it turned out, the the out, it turned As case. Books Google the watching closely was transformation the case Books Google the in hip-hop, into appeal. on currently is decision The good. public the to contributed and formative online. for free searchable them make and of books thousands scan to plans its Google so-called the is example high-profile recent One court. in and Sprigman both colleagues, ple. Comedians don’t on rely Comedians ple. progress to benefit society, it continued, “and none of the works the works none of “and continued, it society, benefit to progress be searched on a mass scale has endless potential for research for research potential endless has scale on amass searched be to books Allowing said. brief amicus Schultz the project, book subject on the thoughts on eye Schultz’s an keeping was judge trans it was because use fair was project Google’s that 2013 ber along in the absence or the par or the absence the in along authored by Schultz and others on behalf of humanities and law and of humanities on behalf others and Schultz by authored to stand-up comedy as an exam an as comedy stand-up to without of innovation gains the capture to and innovate to of IP, how they and absence tial the nature of the work, such as 2 Live Crew turning “Pretty Woman” Woman” “Pretty turning Crew 2Live as such work, of the nature the expand and defendants” favor ofin the analysis use fair the one another. (For on more one another. of commu a system developed captured work was of that Some of fair use. In his opinion, Chin repeatedly cited an amicus brief brief amicus an cited repeatedly Chin opinion, his In use. of fair for research. case this in used, be would works the way of the 56.) page see Sprigman, something about how they get get how they about something searching large amounts of data to detect patterns. patterns. detect to of data amounts large searching scholars. The brief touted the positive impact the Google project project Google the impact positive the touted brief The scholars. (2012), (2012), Economy Knockoff The “The value of looking at of looking value “The “The significance of this case extends far beyond” Google’s Google’s beyond” far extends case this of significance “The In a landmark decision, Second Circuit Judge Denny Chin, Chin, Denny Judge Circuit Second decision, alandmark In faculty IP of their all Like Chin’s decision and a few other recent holdings “really shape shape “really holdings recent afew other and Chin’s decision Sprigman and Fromer’s colleague Jason Schultz was also also was Schultz Jason Fromer’s colleague and Sprigman - - - - -

or trademark, and I try Itry and trademark, or Can these areas learn learn areas these Can is patent or copyright copyright or patent is to break that down a down that break to “A lot of scholarship “A scholarship of lot little bit. I try to ask, ask, to Itry bit. little from each other?” each from JEANNE FROMER

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The next wave of drones was thetopicof theEngelberg Center’s Octo Justices Ruth Bader Ginsburg andSoniaSotomayor, Second Circuit Judge Chief Robert Katzmann, alumniwhospecialize inIP, andtrustees Honoring the center’s 1994 launch, guests including its benefactor, Trustee Alfred Engelberg diverse issues ’65, including discussed IP’s role in fashion, patents inthelife sciences,software development’s uneasy relationship toIP, intheage andprivacy of “bigdata.” applications ofapplications drones whileothers were waryof uses. theirsurveillance ber conference, at whichroboticsenthusiastsconsidered commercial joined the faculty directors of theEngelberg Center on Innovation Law andPolicy for athree-day conference at NYU’s inItaly. campus Sergei Lupashin Sergei Dreyfuss Sprigman, Beebe Eirik Solheim Eirik JULY 7–11, 2014 Drones for Ordinary People Celebrating the 20thAnniversary ofthe Engelberg Center Strandburg Fromer Burt Neuborne Burt Diane Zimmerman, Zimmerman, Diane Ideas inAction OCTOBER 11, 2013 OCTOBER

- With teens many making so technologicallyblogs,videos, savvy and a panelonfair college, withhighschool, use andgraduate students. other works, often incorporating copyrighted material, NYU Law hosted Engelberg, Morrison Neil Kosslyn Elisa Sterling-Smith Elisa OCTOBER 29, 2014 OCTOBER Young Bloggers Learn the Law Sotomayor, Morrison, Ginsburg, Katzmann, Sotomayor, Katzmann, Ginsburg, Morrison, Katherine Fry Sotomayor Schultz and his wife, his and Jennifer Callahan FRIDAY, OCTOBER 11, 2013 11, FRIDAY,OCTOBER

35 NYU LAW 2014 36 WWW.LAW.NYU.EDU “it has been established as common law common as established been has “it Vanderbilt in the infamous custody battle over her daughter, over daughter, her battle custody infamous the in Vanderbilt 1909, making this NYU Law alum Law NYU this 1909, making West’s case, Burkan reportedly sued her for failing to pay his fees. his pay to for her failing sued reportedly Burkan West’s case, Herbert, and other musicians had become increasingly frustrated frustrated increasingly become had musicians other and Herbert, was advocating for increased for increased advocating was witnesses into statements which which statements into witnesses Music Publisher’s Association, Association, Publisher’s Music known for 1903’sknown important first His century. last copyright protection for intellec protection copyright corre law must copyright improvements…and and increase its in the February 1914 founding of the American Society of Com Society American of the 1914 founding February the in show her in ity baffled “frequently who iner” Associa Picture Columbia ists, Art United including companies picture motion and Ziegfeld, renz Flo Chaplin, Charlie by followed the client, ros a client with attorney right fathers founding one of the nus posers, Authors and Publishers (ASCAP). Burkan’s client, Victor Victor client, Burkan’s (ASCAP). Publishers and Authors posers, black frocks for the trial. Unfortunately, however, after winning winning however, after Unfortunately, trial. for the frocks black upon his death in 1936, was “light “light 1936, in was death his upon upset their case.” case.” their upset and musicians. musicians. and and reportedly instructed the colorful West to dress in demure demure in Westdress to colorful the instructed reportedly and Gloria. named also was Herbert pieces. other among throughout the country with no compensation to the artists. artists. the to no compensation with country the throughout halls dance and restaurants in played being was music their that Metro-Goldwyn-Mayer. and tion, of aWho’s Who like reads that ter authors like owners property tual and Congress US the to testimony opera” composer Victor Herbert, Herbert, Victor composer opera” law.of IP of Act Copyright landmark of the 1906. in Senate with pace keep must property attending rules that courts our show business at the turn of the of the turn the at show business his in of 1900, wrote Class Burkan, Nathan extend,” spondingly sion of cross-dressing men. Burkan knew how to play the press, press, how play the to knew Burkan men. sion of cross-dressing cross-exam expert “an was said, As a celebrity lawyer, Burkan appeared on behalf of Gloria of Gloria on behalf appeared Burkan lawyer, acelebrity As Tabloid-worthy stories aside, Burkan is best known for his role role for his known best is Burkan aside, stories Tabloid-worthy His efforts led to the passage passage the to led efforts His In 1930, he successfully defended Mae West, accused of obscen accused West, Mae defended 1930,In he successfully the Burkan, copy alegendary was Burkan the representing Burkan, wrote wrote York New Times Pleasure Man Pleasure Babes in Toyland in Babes Times obituary obituary , referred to as a “gay play” for its inclu for its a“gay play” as to , referred ------, A Founding FatherA Founding during the 1930 obscenity trial for her show show her for trial 1930 obscenity the during from the Jefferson Market Courthouse in Manhattan Manhattan in Courthouse Market Jefferson the from and recognized by by recognized and Nathan Burkan escorts his client, Mae West, West, Mae client, his escorts Burkan Nathan of IP LawIP of - - - -

41st Street, the the Street, 41st Triborough Bridge (now known as the Robert F. Bridge). Robert Kennedy the as (now known Bridge Triborough Burkan helped Herbert and a group of composers and music pub music and of composers agroup and Herbert helped Burkan He did employ associates, however, at one point occupying however, occupying one at point employHe associates, did lishers, including Irving Berlin, to form ASCAP with the purpose of of purpose the with ASCAP form to Berlin, Irving including lishers, members and distributed to them more than $4.2 billion over billion $4.2 than more them to distributed and members partners. any on took and never firm shoe of awhite amember not behind power considerable “swaying machine, political Hall many protecting their intellectual property rights. property intellectual their protecting project is still going strong. ASCAP boasts more than 480,000 480,000 than more boasts ASCAP strong. going still is project ure. His Times His ure. an entire floor of the Continental Building at Broadway and Broadway at Building Continental the of floor entire an h atfv er.— five years. last the of York’s New building the in instrumental He was scenes.” the protection. copyright increased promote to DC, Washington, to trip A century after its founding, Burkan and Herbert’s rights rights Herbert’s and Burkan founding, its after A century The ASCAP model involved selling licenses to businesses businesses to licenses selling involved model ASCAP The In New York City, Burkan was at times a divisive political fig political adivisive times at York New was In City, Burkan Unlike many of today’s most prominent lawyers, Burkan was was Burkan lawyers, prominent most of today’s many Unlike Pleasure Man Pleasure obituary describes him as “a leader” in the Tam the in “a leader” as him describes obituary Times

E.G.S. said.

. York City restaurant that allowed allowed that York restaurant City John Philip Sousa, and others on a on a others and Sousa, Philip John Herbert v.Herbert Shanley who wanted to play ASCAP mem play ASCAP to who wanted first, a trip to the nation’shigh the to trip a first, hearts” tested ASCAP’s theory that that theory ASCAP’s tested hearts” its long-term success. long-term its music is not the sole reason the the reason sole the not is music the owners, client. Copyright be to deserved owners copyright photograph with Herbert, Berlin, Berlin, Herbert, with photograph and business the visiting is patron place, acommercial in performed performances for public such paid behalf of Herbert against aNew against of Herbert behalf were proceeds and works, bers’ a performance of his song “Sweet song of his a performance the number of compositions they they of compositions number the the group, and appears in a 1924 a1924 in appears and group, the for admission. no charge is there a 1917 in justices, the and case, the est court eventually ensured ensured eventually court est at licenses sell to struggled edly report group the Though owned. on based members to distributed dell Holmes, sided with Burkan’s Burkan’s with sided Holmes, dell Wen Oliver by authored opinion work. of their such as a restaurant, even if the the if even arestaurant, as such is music their if paid be should A lawsuit filed by Burkan on Burkan by filed A lawsuit The US Supreme Court heard heard Court Supreme US The Burkan continued to represent represent to continued Burkan opinion said, said, opinion ------

BURKAN/WEST: © BETTMANN/CORBIS work, such as a book at a bookstore, it is then his to loan or sell as as or sell loan to his then it is abookstore, at abook as such work, law drafted on the topic should simply say that whether the copy the whether that say simply should topic on the law drafted he pleases. How that doctrine works in the digital realm, where where realm, digital the in works doctrine How that he pleases. copyrighted works and instead might download them illegally. them download might instead and works copyrighted righted work is in digital or analog form, the consumer owns it owns consumer the form, or analog digital in work is righted we don’t “If find unsettled. is or songs, books download consumers and has the right to resell it. “If you drafted a law that says those those says alaw that you drafted “If it. resell to right the has and in interest property apersonal maintain to a wayfor consumers and Chin agreed, the project doesn’t infringe the authors’ rights rights authors’ the infringe doesn’t project the agreed, Chin and things, you’d win in the digital age,” he says. age,” he says. digital you’d the in win things, Schultz says, because purchasers will have less incentive to buy buy to incentive have less will purchasers because says, Schultz out of balance,” system copyright leave the it will media, digital School of Law’s Aaron Perzanowski, Schultz argues that any new new any that argues Schultz Perzanowski, of Law’s Aaron School a copyrighted purchases someone when that says which doctrine, protection. of copyright ideals the or violate argued brief the Thus, or bookstore.” of alibrary shelves on the books, movies, paintings, downloading something something downloading keep, pass on to friends, and music that we can can we that music and we’re much less likely that in a digital world, world, adigital in that copyright interests of interests copyright without paying for it it for paying without we aren’t allowed to In a forthcoming paper with Case Western Reserve University University Reserve Western Case with paper aforthcoming In Schultz’s scholarship also addresses copyright’s “first sale” sale” “first copyright’s addresses also scholarship Schultz’s legitimate owner of of owner legitimate system or disregarding the the or disregarding the creator. Being a Being creator. the resell, or donate. If If donate. or resell, own media and do do and media own “In the non-digital to have a problem aproblem have to world, we collect collect we world, legitimacy of the a copy promotes promotes a copy JASON SCHULTZ

as a whole.”

ABC and other major broad major other and ABC 2014 clinic submitted two submitted clinic 2014 Public Library system on how system Library Public what he calls the “big policy policy “big the hecalls what Court. In the high-profile pat high-profile the In Court. US Supreme Court sided with with sided Court Supreme US local programming that could could that programming local realm software the in lematic monthly fee to watch local pro local watch to fee monthly Spring his in Students issues.” ing that Aereo infringed on infringed Aereo that ing however, June, in rul casters The argued. Aereo ears, rabbit pose of defending against such such against of defending pose prob particularly are patents public interest. Spring 2014 Spring interest. public be will says, Schultz projects, ABC v. ABC Aereo in brief be watched for free on a TV with with on aTV for free watched be pat large create to businesses friv encourage they because amicus briefs to the Supreme Supreme the to briefs amicus to advocate protection of the of the protection advocate to copyrights. their computers on their gramming The Aereo. service television olous litigation and prompt and litigation olous or mobile devices—the same same devices—the or mobile in broadcasters of smaller pur sole for the portfolios ent case ent on students with works Schultz startup charges users a small asmall users charges startup Internet of streaming support a filed also students The suits. abstract that argued students students advised the New York New the advised students As a professor of clinical law, ofclinical professor a As The main focus of students’ of students’ focus main The Alice v.Alice Bank CLS on behalf on behalf , the , the ------

’00, director of the ACLU’s Project on Speech, Privacy, and Tech and Privacy, on Speech, ACLU’s of the Project ’00, director various tools, including logos, words, symbols, and colors, that that colors, and symbols, words, logos, including tools, various The third prong of intellectual property, trademark, involves the the involves trademark, property, of intellectual prong third The Everything was there—economy, culture, politics, expression,” expression,” politics, culture, there—economy, was Everything work on that really make a contribution” to IP law, Schultz says says law, IP to Schultz acontribution” make really work on that ware it is developing to make library works more digitally acces digitally more works library make to developing it is ware cell-related information from the government. government. the from information cell-related such requesting in lawyers these by used be to pleadings model drafted and data, phone location cell of individuals’ ment’s use law enforce on how defend to against lawyers defense criminal to recommendations made and evaluated students nology. The cultural studies. And yet, he says, it seemed that it was under it was that it seemed hesays, yet, And studies. cultural universe. of the rest the see you can which through lens the it was than attention academic less received historically law has mark knockoff sell to whotry those from damages seek to companies law allows Trademark products. their identify to use companies patents and copyright law. That hole in intellectual property schol property intellectual law. hole in That copyright and patents into consumers confusing by brands on their or trade products broad reach—allows NYU to be one of the few law schools that that few law schools one of the be to NYU reach—allows broad usually inferior, company. inferior, usually arship led Barton Beebe to develop his expertise in trademark law. trademark in expertise his develop to Beebe Barton led arship this fall as an associate, said she found working in the not-for-profit the in working found she said associate, an as fall this soft the institutions and libraries other to available make best to obvious “It’s becoming soon. change will expects Beebe thing understudied. and theorized another, by made was that aproduct buying they’re thinking environment invaluable. Schultz was instructive, she said, on how said, she instructive, was Schultz invaluable. environment offer an advanced course in trademark law, though that’s some that’s law, though trademark in course advanced an offer of his clinic. clinic. of his she can integrate that type of service into her work at the law firm. work her the into at of service type that integrate can she Wizner Ben and Crump Catherine of ACLU attorneys supervision the ACLU under the at placed were also students Some sible. says Beebe, who has a PhD in English, including work in including English, in aPhD who has Beebe, says “There is no end to the kinds of projects that students can can students that of projects kinds the no to end is “There “When I really started reading [about trademark law], I thought law], Ithought [about trademark reading started Ireally “When Amanda Levendowski ’14, a clinic student who will join Cooley Cooley join who will student ’14, a clinic Levendowski Amanda Beebe’s research—and his interpretations of trademark’s of trademark’s interpretations his research—and Beebe’s world, trade business the in relevance undisputed its Despite TRADEMARK TRADEMARK ------

37 NYU LAW 2014 38 WWW.LAW.NYU.EDU Yves Saint Laurent (YSL) against allegations it violated a mark amark it violated allegations (YSL) against Laurent Saint Yves Property Law and the Sumptuary Code,” which compared trade compared Code,” which Sumptuary the and Law Property is Bernstein Beebe. with class advanced the teaches Plimpton, Valley. Silicon increasingly, and, Paris, we’d it,” invent have to he says. Bern Debevoise, at associate summer a“star” was Beebe when his groundbreaking 2010 groundbreaking his Louboutin allowed Circuit Second the decision, 2012 landmark marks to laws that restrain luxury and extravagance for the pur for the extravagance and luxury restrain that laws to marks important in global commercial centers like New York, New like Tokyo, centers commercial global in important more becomes branding as economy,” especially he says, century facilitate horizontal distinctions in a mass culture. It’s as if in in if It’s as culture. a mass in distinctions horizontal facilitate pose of enforcing social hierarchies. social of enforcing pose products, Beebe continues, to distinguish themselves from oth from themselves distinguish to continues, Beebe products, a renowned trademark lawyer who defended luxury company company luxury defended who lawyer trademark a renowned a massive, multicultural, globalized city…people rely more on more rely city…people globalized multicultural, a massive, law, have trademark we didn’t if democracy, capitalist a mass terms of status distinctions, but also how trademark law helps law helps how trademark but also distinctions, of status terms in distinctions hierarchical necessarily society—not in tinctions shoes. all-red its sell to continue could YSL but said soles on red trademark its keep to 21st- of the state the up with wrapped law] so is [trademark that ers. “If you don’t have religious or ethnic identity, if you live in in you live identity, if or ethnic you don’t “If have religious ers. a In Louboutin. Christian shoemaker high-priced by owned stein says. Today, Beebe is more widely known as a standout for a standout as known widely more is Today, says. Beebe stein universe. Everything wasuniverse. Everything there—economy, culture, culture, there—economy, I thought it was the lens lens the was it I thought started reading about about reading started can see the rest of the the of rest the see can “I’m obsessed with how trademark law facilitates status dis status law facilitates how trademark with “I’m obsessed politics, expression.” Adjunct Professor David Bernstein, a partner at Debevoise & Debevoise at apartner Bernstein, David Professor Adjunct Bernstein has known Beebe since the latter’s law school days, days, law school latter’s the since Beebe known has Bernstein People buy signs, which include branded clothing and and clothing branded include which signs, buy People through which you you which through trademark law, trademark “When I really BARTON BEEBE

Harvard Law Review Review Law Harvard “Anti-dilution law is a really areally lawis “Anti-dilution “What’s interesting about anti- about interesting “What’s IP law is following the increas the following law is IP of their “dilution” Nike—from law is increasingly designed to to designed increasingly law is reflect badly on their brands, brands, their on badly reflect sue to them allowing by marks cent,” Beebe adds, since only only since adds, cent,” Beebe soci between divide large ingly trademark that is general, in protect the strong more than than more strong the protect brands—such as Coca-Cola or Coca-Cola as brands—such actually made the product. product. the made actually the most famous trademarks trademarks famous most the says. Beebe weak,” the brand-owner major the think might products whose those world’s recognizable the most regulation the law is trademark And brands. and trademarks qualify for protection. such qualify 1per of the expression obvious he says. poor, and rich ety’s law IP and protection, dilution would no consumer if even distinction.” of that Trademark law protects protects law Trademark One wonders to what extent extent what to wonders One paper “Intellectual “Intellectual paper

------

A former legal reporter at Reuters, she has written for the written has she atReuters, reporter legal A former Wall Street Journal Street Wall Erin Geiger Smith is a freelance journalist in New York in New City. journalist afreelance Smith is Geiger Erin (Please see sidebar on page 35.) on page sidebar see (Please Down Notice: Copyright, Youth and Educators in Harmony,” in which Educators Youth and Copyright, Notice: Down Policy. and Law Innovation soci greater in law’s representation of trademark analysis Beebe’s with faculty and students. students. and faculty with Organized by Strandburg, the event aims to take stock of the lat of the stock take to aims event the Strandburg, by Organized Sotomayor. Sonia and Ginsburg Bader Ruth Justices Court hanging out with them.” them.” out with hanging Schol Empirical on conference two-day a with October in off kick featured a panel of media-savvy New York high school, college, college, York New school, high of media-savvy apanel featured from a diverse set of interests. That allows the center to approach approach to center the allows That of interests. set adiverse from in commons knowledge to attention special pay will conference their to contributes what from, come they where work, commons how knowledge understand better to seek will and commons, data-driven on the focus will that fall this Initiative Research icy ple think” about an IP question. They are the people who have who people the are They question. IP an about ple think” enthusiasts. robotics and wonks, privacy a wide spectrum of audiences, including “Taking on the Take- on the “Taking including of audiences, spectrum a wide interact to experts and practitioners IP top-notch in bring to and analysis of innovation law and policy from many angles. angles. many from policy law and of innovation analysis Policy. to Relevant Evidence New Property: Intellectual in arship which Robotics,” Aerial and “Drones and students, graduate and to foster interdisciplinary work in the area of innovation and law, and of innovation area the work in interdisciplinary foster to conversation. that to contribute to research empirical own their law and case available use to eager all are They society. to tribute than one thing in their career that has changed the waypeo the changed has that career their in one thing than Supreme US as such guests and trustees Law NYU with topics on IP panels substantive in part took faculty IP the year, this the fields of medicine and the environment. the and of medicine fields the offerings but also new life to the school’s Engelberg Center on Center school’sthe Engelberg to life new also but offerings course expanded only not it brought and together, on campus con best to change mold and should laws of how IP evaluation continued members’ faculty fellow his with parcel and part goes ety driven him throughout his legal career, he says, “and now I’m “and hesays, career, legal his throughout him driven benefits also that group a cohesive It is works. others’ the in is each The them. undermines what and effectiveness, and durability of knowledge study interdisciplinary the in developments est Resources. Knowledge Pooled Governing Commons on Knowledge personnel, former military photographers, aerial together drew sors serve as faculty co-directors. The center pursues a mission amission pursues center The co-directors. faculty as serve sors study of the interplay between law, policy, and innovation. It will It will law, innovation. policy, and between interplay of the study What stands out about these faculty is how invested and excited excited and how invested is faculty these out about stands What The center is unique at NYU Law in that all full-time IP profes IP full-time all that in Law NYU at unique is center The The center is launching an Empirical Innovation Law &Pol Law Innovation Empirical an launching is center The To that end, the center held an array of events that attracted attracted that of events array held an center the end, To that Each of his new colleagues, Sprigman says, “has done more “has says, Sprigman colleagues, new of his Each Conference Thematic 2nd the host will center the September, In anniversary 20th Center’s Engelberg of the celebration In Spring 2014 represented the first time all six professors were were professors six all time first the represented 2014 Spring and the and FORWARD MOVING n Daily Beast , among other outlets. other , among ------

Gadde: © David Paul Morris/Bloomberg/Getty Images Vijaya Gadde ’00Vijaya Gadde brings passionand expertiseininternationaland corporate law to herroleasTwitter’s general counsel. 40 44

FTC’s Julie Brill ’85 is Alumna of the Year the of Alumna is ’85 Brill Julie FTC’s The year Glenn Greenwald ’94 will not forget not will ’94 Greenwald Glenn year The 47 52

Ronald Dworkin’s friends celebrate his life his celebrate Dworkin’s friends Ronald Two former federal prosecutors teach at NYU Law NYU at teach prosecutors federal former Two The People

Chris Borgen ’95 remembers Andreas Lowenfeld

Roy Schöndorf JSD ’07 advises Israel Israel advises ’07 JSD Roy Schöndorf

Nicholas Melvoin ’14 testifies ’14 Melvoin testifies Nicholas

Meet the new faculty

39 The PEOPLE 40 WWW.LAW.NYU.EDU As aVermont assistant contributed tothe1996 consumer credit reporting consumer credit reporting ered that aprominent Credit Reporting Act, Credit Reporting Act, agency haderroneously attorney general in1991, several Vermont townsas revisions in25 years. revisions totheFair reporting agenciesreporting were Brill and her staff discov andherstaff Brill the first substantial the firstsubstantial the ways inwhichcredit testified in them. Brill front of Congress about hurting consumers, which hurting having liensagainst tax listed 3,000 residentslisted of 3,000

- Consumer Guardian Consumer AGs usually have relatively few attorneys compared compared few attorneys have relatively usually AGs Weiss, Rifkind, Wharton & Garrison to strengthen strengthen to Garrison & Wharton Rifkind, Weiss, Judge Franklin Billings Jr. of the US District Court Court Jr. District US of the Billings Franklin Judge world full of small worlds.” of small world full what’s happening to consumers, which is directly directly is which consumers, to happening what’s Law Women Alumna of the Year Award in February, February, Year in Award of the WomenLaw Alumna Brill was inspired by Louis Brandeis, whose champi whose Brandeis, Louis by inspired was Brill ’85. Brill says treaties?’” you negotiate Do W Women’sLaw public. 2014 American the Year the of Alumna protects zealously her practical experience, she returned to Vermont to returned she experience, practical her for clerking by law school after there landed having refinancing. The local issue—how big errors by big big by errors big issue—how The local refinancing. chance the gave her which explains, she mandate,” Paul, at stint a brief of Vermont. After District for the economy.” the in happening what’s to related public policy. As she recounted when receiving the the receiving when recounted she policy. As public protection, competition, and enforcement,” Brill Brill enforcement,” and competition, protection, people who were being rejected for mortgages and and for mortgages rejected being who were people and she espouses a Yiddish proverb: “God created a a created “God proverb: aYiddish espouses she and onship of local causes won him a national reputation, reputation, anational won him causes of local onship of shaping dream her realize to order in economics “follows says, she FTC, the trends, for market eter abarom and watchdog aconsumer both As explains. tion Unit, Brill was blitzed with complaints from from complaints with blitzed was Brill Unit, tion have amuch broader they but agencies, federal to “State office. general’s attorney state the workto in to have a lot of responsibility early in her career. her in early of haveresponsibility alot to say, ‘Oh, are you involved in international trade? trade? international say, in you involved ‘Oh, are “People don’t realize that what we do is consumer consumer we do is what that don’t“People realize “I found my small world in Vermont,” Brill says, says, Vermont,” world in Brill my small found “I It’s a perfect position for Brill, who chose law over law over who chose for Brill, position It’s aperfect Soon after joining Vermont’s Consumer Protec Vermont’s Consumer joining after Soon hen Julie Brill first became a com a became first Brill Julie hen Commission in 2010, her job was a 2010, was in job her Commission mystery to her neighbors. “They’d “They’d neighbors. her to mystery missioner for the Federal Trade Trade Federal for the missioner - - - - vacy implications of emerging technologies: spe technologies: of emerging implications vacy you could miss it.” It’s advice that she admits she admits she it.” that It’s advice miss you could on viewed security card credit Target’s only not (think vacy workplace, Ferris Bueller”: “Life moves pretty fast. fast. pretty moves Bueller”: “Life Ferris workplace, in implemented gets said Court Supreme the what Division and, from there, to her FTC appointment. appointment. FTC her to there, from and, Division If you don’t stop and look around once in a while, awhile, in once around look you don’t and If stop give would that initiative acomprehensive Name, financial crisis, so much of Brill’s focus early on early focus so much Brill’s of crisis, financial kinds of frauds have slowed, Brill is turning to other other to turning is Brill have slowed, of frauds kinds issues. Paramount among them is parsing the pri the parsing is them among Paramount issues. their whohave lost people targeting frauds”—scams ileged to do what I get to do.” to I get do what to ileged strawberries I’m eating like Ifeel time, of the most accepting speech In her lives. their ings—affect provides FTC the pulpit the She relishes month. generic with agreements signing brands maceutical a2013 Citing care. health in on competition focus jobs, are in danger of foreclosure, and, consequently, consequently, and, of foreclosure, danger in are jobs, brands, she says: “Moving forward, I want to see that that see to Iwant forward, “Moving says: she brands, influence to data personal using but also breach are susceptible to fraudulent claims of relief. of relief. claims fraudulent to susceptible are “last-time calls she on what was commissioner as and drinking champagne. I can’t believe I’m priv so believe I can’t champagne. drinking and “But out,” Brill. says hair your you tear times are rul FTC’s the issues—and how these explain and a times several data big and issues privacy about inter was year this earlier who Brill, approvals). cifically, big data analytics (how personal data is data personal (how analytics data big cifically, AG’sProtection up the head to Consumer olina, to towns—led small in people affected companies doesn’t always follow herself. herself. follow always doesn’t lower-cost of those entry delaythe to makers drug tools technological and knowledge the consumers Your Reclaim she launched year Last conversation. loan and coverage insurance on health decisions the lower courts and in the industry.” the in and lower courts the testimony before Congress and ultimately to sub to ultimately and Congress before testimony the alumna award, Brill quoted “that sage of the of the sage “that quoted Brill award, alumna the public the to issues complicated communicate to pri consumer on effect its and used) and gathered to reassert some control over their personal data. personal over their control some reassert to tection, Brill would like to see the FTC continue its its continue FTC the see to like would Brill tection, stantial revisions in the Fair Credit Reporting Act. Act. Reporting Credit Fair the in revisions stantial Supreme Court decision against the practice of phar practice the against decision Court Supreme As the economy has started to improve and these these and improve to started has economy the As An accomplished public speaker, Brill gives talks talks gives Brill speaker, public accomplished An That experience, in turn, took Brill to North Car North to Brill took turn, in experience, That In 2010 the country was still reeling from the the from reeling still was country 2010 the In But she’s not complaining. “Like every job, there there job, every “Like she’sBut complaining. not In addition to privacy issues and consumer pro consumer and issues privacy to addition In 60 Minutes 60 , is right in the thick of the of the thick the in right , is Catherine Fredman Catherine ------Lowenfeld: image courtesy of the New York University Archives 1930–2014 Lowenfeld, Andreas MEMORIAM IN Andy remained generous with his time and pro and time his with generous remained Andy (behind them to referred Andy,” we affectionately as vided wise counsel. I became a professor, but he aprofessor, Ibecame counsel. wise vided LLM to brief and argue an issue in a case. It was a It was a case. in issue an argue and brief to LLM and how public us He taught W with me and taught me as much about how to be a a how be to much about meas taught meand with stayed has that learning bit of experiential wonderful will always remember his enthusiasm in exam in enthusiasm his remember always will Meron. Learning international law from “Ted and and “Ted law from international Learning Meron. he showed us how diverse how diverse us he showed pre and depth incredible had on one or two hyperfocused course, his International Litigation and Arbitration Arbitration and Litigation International his course, ining the exhibits, especially anything having to having anything especially exhibits, the ining I together. Alamo the we toured afternoon, mer my teacher. being stopped never Theodor and Andy by team-taught law was national interact in an interconnected genera earlier of an vision ing the brought buthe also cision, private international law international private sweep and view panoramic judicial conference in San Antonio. One hot sum hot One Antonio. San in conference judicial the work set His career. acoherent into integrated be and an advocate was sec was advocate an and agreements concerning the disposition of territory. of territory. disposition the concerning agreements signature his perhaps was what In economics. and law, politics, history, interweaving dialogue a lively could profession legal international of the aspects their backs, that is), was everything you would expect: expect: you would is), everything was that backs, their resolution. law, dispute and transnational lawyers. international of tion good teacher as how to be a good litigator. agood how be to as teacher good do with the deeds, land grants, and international international and grants, land deeds, the do with when era an In none. ond to specific areas, Andy not only only Andy not areas, specific became lawyers many so seminar, Andy paired each JD student with a foreign aforeign with student JD each paired Andy seminar, on focus current for the stage example, his by and, system, Yes, his rank as a scholar ascholar as rank Yes, his When I was at NYU, the general course in inter in course general the NYU, at I was When In the years since I graduated from law school, lawschool, from Igraduated since years the In Perhaps my favorite memory of Andy is from a from is of Andy memory my favorite Perhaps had passed away, the first thing thing away, first the passed had Lowenfeld Andy that Iheard hen but the impish twinkle in his eye. eye. his in twinkle impish but the ure as a giant of international law, of international agiant as ure that came to mind was not his stat his not was mind to came that - - - -

com plex regulation, regulation, plex - - - - -

John’s University School of Law. A version of this essay essay this of Law. of Aversion John’s School University Center for International and Comparative Law at St. atSt. Law Comparative and for International Center Law. Law. Professor Christopher Borgen ’95 is co-director of the the of ’95 co-director Borgen is Christopher Professor It has. And so has Andreas Lowenfeld’s life. Andreas has so And It has. He interspersed our conversation about the history of of history the about conversation our He interspersed Opinio Juris Opinio blog the on appeared from his incredible career. At one point there was was there one point At career. incredible his from the US-Mexico border with reminiscences from the the from reminiscences with border US-Mexico the treatise into perspective: Economic International magisterial his from taken amentor. and tor educa an and foremost first was Andy Alamo, the State Department, career advice, some thoughts on thoughts some advice, career Department, State scholarly projects I was considering, and anecdotes anecdotes and considering, was I projects scholarly I want to close with a few of Andy’s own words, words, own afew of Andy’s with close to I want without awareness of the underlying facts facts underlying the of awareness without understood without the question, and that and question, the without understood of less and illustration, and narrative of use reflects my belief that the answers cannot be cannot answers the that belief my reflects that this book has illuminated the path. the illuminated has book this that but help cannot moment agiven of as law the but perhaps law all law—like economic tional distort. The process continues, and the hope is is hope the and continues, process The distort. controversies. continuing and comprehended be cannot statements abstract more so—is a process. Any attempt to define define to attempt Any aprocess. so—is more - law. interna But economic international of been expected from a treatise. This approach approach This atreatise. from expected been flat normative statements than might have might than statements normative flat In the closing passage, he puts more than his his than more he puts passage, closing the In This is not to deny the normative character character normative the deny to not is This It is evident that this book has made more more made has book this that evident It is Andreas Lowenfeld attempt attempt Lowenfeld Andreas on.) Watching walked Andy Even while walking around around walking while Even was accurate, and so on. (The (The on. so and accurate, was first-grader made me smile. smile. me made first-grader nir, whether the reproduction reproduction the whether nir, boy stared, then shrugged; shrugged; then stared, boy ably recently acquired from from acquired recently ably fac faux-parchment a large old, years a boy, seven about a Socratic dialogue with a with dialogue a Socratic topic of the text on his souve on his text oftopic the started shop. Andy gift the questioning the boy about the the about boy the questioning standing near us and holding holding and us near standing simile of a document, prob of adocument, simile

. - - - - Wrote oredited 19books career Argued before theUS Supreme Court, the the Supreme Court, Academy twice Associate Reporter of American LawAmerican Institute Served intheUS State the American Society the American the Kennedy andJohnson the Legal Adviser during the Third Restatement Iran-US ClaimsTribunal, Received theManley Lectured at theHague Relations Department’s Officeof Foreign Judgments O. Hudson Medal of of JusticeCourt NYU Law faculty Co-Reporter for the highlights and theInternational administrations and Enforcement of articles and over 115law review project onRecognition member for 47 years on theUS Law of Foreign of International Law

41 The PEOPLE 42 WWW.LAW.NYU.EDU Yang with Neuborne Hawkins with Das with Hawkins Association honored Steven Hawkins ’88, executive executive ’88, Hawkins Steven honored Association to celebrate celebrate to april in dinner spring at annual its Honored for Their Service for Their Honored anthropic side, directing Atlantic Philanthropies’ national security abuses. security national spoke of Hawkins’s inspiration for social justice justice for social inspiration of Hawkins’s spoke Black, Latino, Asian Pacific American Law Alumni Alumni Law American Pacific Asian Latino, Black, the next generation of public service leaders, the the leaders, service of public generation next the support and of color of alumni accomplishments the $60 million campaign targeting human rights and and rights human targeting campaign million $60 Professor Alina Das ’05, in presenting his award, award, his ’05, presenting in Das Alina Professor ’96, vice chair of the US Equal Equal US of the chair ’96, vice career in public interest law, interest public in career ment Awards. ment Interna of Amnesty director guished Alumni Achieve Alumni guished Commission, with Distin crimes. He also advocated for advocated He also crimes. Employment Opportunity Opportunity Employment tional USA, and Jenny Yang Jenny and USA, tional wrongly convicted in Tennes in convicted wrongly end executions for juvenile for juvenile executions end teens black of three release - phil the from justice social Coalition National the to see, LDF, NAACP where the from ty’s successful campaign to campaign successful ty’s - Penal Death the Abolish to he successfully won the he successfully Hawkins has had a varied a varied had has Hawkins - - - - cessfully represented 28,000-plus female employ female 28,000-plus represented cessfully a senior trial attorney in the Civil Rights Division Division Rights Civil the in attorney trial a senior society whom our of those on behalf act to audacity vice chair. Previously a partner at Cohen Milstein Milstein Cohen at a partner Previously chair. vice the had has Hawkins “Steven incarcerated. who were when she was a star in my Brennan Center seminar. seminar. Center my Brennan in astar was she when of the Department of Justice. Department of the as served She also discrimination. sex alleging ees systems oppressive and racist the dismantle to need the recognizing but undeserving, and deserving practice, and now as vice chair of the EEOC, Jenny Jenny EEOC, of the chair vice now as and practice, Beck v. Company Beck Boeing as such young he when was people meeting from stemming said. “By bringing human rights home, he is break he is home, rights human bringing “By said. Employment practice group, she worked on cases on worked cases she group, practice Employment I was right. During a distinguished career in private private in career a distinguished During right. I was “I hesaid: Later, Yang’s award. presented Neuborne to the EEOC and at the close of her first year named named year first of her close the at and EEOC the to rights.” human of our on all infringe that thought she was a terrific student with a great future future great a with student aterrific was she thought ing down the walls, not drawing lines between the the between lines drawing not walls, the down ing ity, decency, and respect in the law. she’s the in only And ity, respect decency, and has chosen to lock up and throw away the key,” away the throw she up and lock to chosen has her. She has become a formidable forcefor equal a formidable become her. She has for hopes high up my to very lived than more has just begun.” just Sellers & Toll and a member of its Civil Rights and and Rights Civil of its amember and &Toll Sellers both asanattorney andasamentoradvocate. Woman of Distinction Award, recognizing herwork of Color Collective honored Gadsby withthisyear’s tions includingtheUKandCanada.NYULaw’s Women as international laborandemployment- issuesinloca the company’s 7,000 domesticemployees, as well laborandemploymenthandling all law issuesfor LindaScholastic, Gadsby ’92isresponsible for As vice president anddeputy general counselat Bridge Builder to help succeed.” anotherperson to her…. There’s nogreater pleasure thanbeingable take onegirlunderyour asamentor wingandserve or fall together,” “Make shesaid. acommitment to sisters’ keepers, andItrulybelieve that we rise will by for creating opportunities others.“We are our of one’s career andmakingsure personal togive back ofemphasized buildingbridges theimportance outside is athemethroughout herwork andlife. Gadsby also betweenson employees and employers. Indeed,it asaliai- notingthat sheserves position at Scholastic, “Building bridges iswhat Ido,” Gadsby of said her Yang was appointed by President Barack Obama Obama Barack President by appointed Yang was Inez Milholland Professor of Civil Liberties Burt Burt Liberties of Civil Professor Milholland Inez , in which she suc she which , in

- - - - Gadde: image courtesy of Twitter versation, is intertwined with the legal issues it con issues legal the with intertwined is versation, But it was important to Gadde to build a sound legal legal asound build to Gadde to important itBut was G Now @Twitter Trending lawyer,” she recalls. “Then you can take those skills skills those take you can “Then lawyer,” recalls. she after long not 2011, July in company the at landed be not and my family and myself how protect to foundation first, she says. “I got this advice pretty pretty advice this got “I says. she first, foundation law. international rights on the focusing relations, labor and industrial desire early an fulfill to her enabling says, she fronts, lawyers.” with messed my rights, know to important it me feel was made picked NYU, in part, she says, for its strength in in strength for its says, she part, in NYU, picked job to make sure no one messes with Twitter. She Twitter. with no one messes sure make to job acquisitions to securities issues—that she ended ended she issues—that securities to acquisitions you want.” that do anything and a as on developing focus you really to enables and skills your build to you allows afirm to going and entrepreneurial corporate work—from mergers and and work—from mergers corporate entrepreneurial one a long be will career legal your that consistently, issues. these by impassioned so for someone course of workers. Afterward she set her sights on law and on law and sights her set she Afterward of workers. ti’s California office in 1999 and was so taken by the by taken so was and in1999 office ti’s California voiceless. the empower to con and self-expression for global a platform be to mission, company’s The uprisings. Spring Arab the no one of,” “I thought says. she advantage taken As an undergrad at Cornell, Gadde majored in in majored Gadde Cornell, at undergrad an As The corporate law path might seem a surprising a surprising seem might law path corporate The Fast forward to the present, when it’s when Gadde’s present, the to forward Fast She interned at Wilson Sonsini Goodrich & Rosa Goodrich Sonsini Wilson at She interned “Being a minority and an immigrant immigrant an and a minority “Being General Counsel Vijaya Gadde ’00 knew ’00 Gadde Vijaya knew Counsel General rowing up in the Deep South, Twitter Twitter South, Deep the up in rowing early on that she wanted to be a lawyer. a lawyer. be to wanted she on that early - - - vray in August 2013, just weeks before the company company the before weeks just 2013, August in vray vray called: Would she join Twitter now? now? Twitter Would join she called: vray Chelsea AllisonChelsea who could teach me,” she says. She reached out to She reached me,” teach says. she who could working on the IPO long before, before, long IPO on the working her friend Alex Macgillivray, then general counsel counsel general then Macgillivray, Alex friend her loved her, underscore,” recalls Katherine Martin, a Martin, Katherine recalls her,loved underscore,” her earlier experience at Twitter when she also man also she when Twitter at experience earlier her CFO and outside counsel Wil counsel outside and CFO Gen Juniper, at boss her Shecredits says. Gadde Gadde views her role as a coach, providing context context providing acoach, as role her views Gadde ing up, facilitated by technology, in what the media media the what in technology, by up, facilitated ing Macgilli Networks, Juniper of aclient, team rities have aleadership Icould where opportunity for an looking “Iwas conditions. certain under in-house, form and use this to change the world or voice the change to this use and form pro to hard working “We are reach. international company’s the mirror to enterprise, global more from Gadde’s bailiwick, within falling issues myriad confronts company the But debut. November its - Macgilli from reins GC the taking before team rate of acompany part be to Iwanted for because me, igation to user concerns as they arise in their area. area. their in arise they as concerns user to igation makes it exciting to come into work every day.” work every into come to it exciting makes position and use my skills and learn from somebody somebody from learn and my skills use and position Wilson to for atime transferred Gadde When partner. political dissent or whatever it is they want to do, to want they it is or whatever dissent political on relies she Here, property. intellectual to privacy by regions, confronts a wide array of issues from lit from of issues array awide confronts regions, by up staying a decade. “Clients loved her, and I mean I mean her, loved and “Clients adecade. up staying after she accepted an offer to lead the corporate secu corporate the to lead offer an accepted she after does. she everything to head” emotional a “good aged its international team. That group, organized organized group, That team. international its aged been had Gadde offering. public initial its announced at Twitter, but the timing wasn’t right. Six months months Six right. wasn’t timing butthe Twitter, at and that just makes us so proud,” Gadde says. “It proud,” says. so Gadde us makes just that and dubbed a Twitter Revolution. “It was a no-brainer a no-brainer “It Revolution. was a Twitter dubbed calls Martin what her. She brings with stuck clients collaborating Twitter’s with supportive. Gaynor, for being Mitchell Counsel eral decision that meets the company’s needs. needs. company’s the meets that decision a reach helping and questions, right the asking els, that was really dramatically changing the world,” the changing dramatically really was that tect our users so that they can speak on our plat on our speak can they that so users our tect top lawyer on the deal. on the lawyer top - lev executive and board the at happening what’s to zon is transforming the legal department into a into department legal the transforming is zon Sonsini’s office in New York, her many California California many New in office her York, Sonsini’s son Sonsini, as the company’s company’s the as Sonsini, son At the time, Egyptians and Tunisians were ris were Tunisians and Egyptians time, the At Twitter’s stock flew high in in high flew stock Twitter’s Gadde says the greatest challenge on the hori on the challenge greatest the says Gadde Gadde says she had always thought about moving moving about thought always had she says Gadde Gadde spent two years as head of Twitter’s corpo of Twitter’s head as years two spent Gadde - “ dramatically changing the world. the changing dramatically because I wanted to be part of part be to Iwanted because a company that was really was that a company It was a no-brainer for me, for me, It ano-brainer was ------

” 43 The PEOPLE 44 WWW.LAW.NYU.EDU States spying abroad. and thescopeof United Security Agency (NSA) practices of theNational intelligence-gathering of revelations aboutthe the world withaseries Greenwald ’94hasrocked Over thepastyear, Glenn Greenwald’s Glenn constitutional law and shingle tolitigate US before hanginghisown Lipton, Rosen &Katz an associate at Wachtell, career post-graduation as Greenwald began his T “But it was a very difficult war, andwar, difficult avery it“But was delved intotheunauthor Unclaimed Territory , that blog,launched apolitical thefirmand he closed In2005, civil rightscases. ment systems contrac- journalist whom govern- Greenwald was thefirst ian columnist in2012. in 2007, andthenaGuard aSalonbecame columnist Scooter Libby. Greenwald of well astheindictment Valerie Plame’s identity as ized leakof CIAagent Virginia, to negotiate the terms of a possible peace peace of a possible terms the negotiate to Virginia, B certainly made an impact on my impact an made certainly a high position in the Israeli government; however, government; Israeli the in position a high eral for international law in Israel’s Israel’s law in for international eral economics from Tel Aviv University,Schöndorf from economics of peace. negotiation on the included has this months, recent In abroad. and nally law, of international aspects on all advice legal for providing responsible providing advice in heightened security situations, situations, security heightened in advice providing inter both actions, government’s Israeli play of the law.” international in acareer pursue such as confrontations between Israel and Hamas Hamas and Israel between confrontations as such served as a senior legal adviser in the international international the in adviser legal asenior as served upbringing and even my choice to my even choice and upbringing I myself remember,” says Schöndorf. remember,” Schöndorf. says I myself treaty, Schöndorf was part of the Israeli delegation. delegation. Israeli of the part was Schöndorf treaty, tary Advocate General Unit. When Israelis and Syr and Israelis When Unit. General Advocate tary focus particular law, a with international field of the of state current the to work crucial is His tiations. is Schöndorf of Justice, Ministry that “It’s something not a reservist. as service tary in Gaza this summer. summer. this Gaza in ians came together in 2000 in Shepherdstown, West West Shepherdstown, in 2000 in together came ians nego treaty and litigation international including law department of the Israeli Defense Forces Mili Forces Defense Israeli of the law department he already has an impressive record of working in in of working record impressive an has he already he he A look back at 2013–14: A lookbackat 2013–14: After receiving two LLBs and an MA in law and law and in MA an and LLBs two receiving After Now, as the deputy attorney gen attorney Now, deputy the as Schöndorf, 40, is relatively young to hold to such young relatively 40, is Schöndorf, was six weeks old when the Yom War oldthe when Kippur weeks six was erupted and his father was drafted into mili into drafted was father his and erupted ’07 JSD Roy Schöndorf 1973, in Israel in orn N egotiator - - H and exposed the extent NSA’s PRISM program, uncoveredcollection, the of theNSA’s metadata revealed themagnitude leagues at theGuardian Greenwald andhiscol- Beginning inJune 2013 , classified NSA documents. contacted toshare his tor Edward Snowden eadl - ine-

- - - - - “Everyone recognizes that he understands the intrica the he understands that recognizes “Everyone M journalist-partners, Laura by Greenwald and his Omidyar andedited from eBay founder Pierre funded with$250 million an onlinemagazine the debut of theIntercept, other revelations. foreign leaders,among to whichtheUS spieson Yugoslavia and the International Residual Mecha Residual International the and Yugoslavia cies of international law, and the sensitivities of the of the sensitivities law, the and of international cies and wrote his dissertation under the direction of direction the under dissertation his wrote and asked to establish the Department of Special Interna of Special Department the establish to asked who is now the acting legal adviser for the National National for the adviser legal acting now the who is nism for Criminal Tribunals. for Criminal nism them meet then…to meet, to Israeli no way for an who was someone as he says, level, on apersonal describes Schöndorf’s meteoric rise in the field of the in rise meteoric Schöndorf’s describes stud his ’02, began who LLM Geron Daniel of Justice. It was a particularly significant experience for him him for experience significant aparticularly It was Professor Theodor Meron, who is now president of of now president who is Meron, Theodor Professor the International Criminal Tribunal for the Former Former for the Tribunal Criminal International the previously was there that people meet and there to ultimately make the decisions.” the make ultimately to whoneed people the to complexities the explain to Ministry Israel’s in department a new Affairs, tional in person and be able to exchange views about the the about views exchange to able be and person in issues, particularly well,” says Geron, “and he’s “and able Geron, well,” says particularly issues, ministries. government held across heis which in regard high very of the aresult law as international and Schöndorf, as time same the at Law NYU at ies born into the last war with Syria “to be able to be be to able be “to Syria with war last the into born Security Council in the Israeli Prime Minister’s Office, Office, Minister’s Prime Israeli the in Council Security February 2014 marked Schöndorf returned to Israel in 2010, when he was 2010, in he was when Israel to returned Schöndorf aki ng ng criminal law. He came to NYU Law as as Law law. NYU to He came criminal a Fulbright and then Hauser Scholar, Scholar, Hauser then and a Fulbright working on the formation of the Inter of the formation on the working national Criminal Court, Schöndorf Schöndorf Court, Criminal national of states assembly the to delegation of our countries.” countries.” of our sertation in the field of international international field of the in sertation future of our region, of our children, children, of our region, of our future became interested in writing adis writing in interested became Later, while serving in the Israeli Israeli the in serving while Later, Y ear the and Ewen of MacAskill Greenwald, withPoitras debut post. able,” they wrote intheir porate factions account governmental andcor hold themostpowerful “Our central missionisto Poitras and Jeremy Scahill. That same month, month, That same and Barton Guardian andBarton Rachel Burns ------

Snowden: AP Photo/The Guardian Greenwald: Jens Kalaene/picture-alliance/dpa/AP Images NO PLACE TO HIDE book cover image: Copyright (c) 2014 by Henry Holt and Company. S A Champion for Immigrant Rights Immigrant of their reporting on the onthe of theirreporting Guardian inrecognition Washington Post andthe was awardedservice tothe Pulitzer Prize for public security reporting. Polk Award for national Island University’s George ton of theWashingGellman - Workers’ Center for Racial Justice who was named named who was Justice for Racial Workers’ Center cultural exchange program, only to find themselves themselves find to only program, exchange cultural - refu trafficking, human addressing in interest an an Equal Justice Works Fellow at the New Orleans Orleans New Works the Fellowat Justice Equal an working in a Pennsylvania factory, packing choco packing factory, aPennsylvania in working out, ‘How do I survive? How do I leave?’” says Mao, Mao, says How do Ileave?’” ‘How doout, Isurvive? recruiter from the program. program. the from recruiter gee rights, and state criminalization of migration. of migration. criminalization state and rights, gee of deportation. threat under and conditions grueling paycheck for 6 cents. They were trying to figure figure to trying were They forpaycheck 6cents. served as a Center for Human Rights and Global Jus Global and Rights for Human a Center as served summer after her 1L year. Working on the cases of cases on the Working year. 1L her after summer High Commissioner for Refugees in Malaysia the the Malaysia in for Refugees Commissioner High tice Fellow and landed an internship with the UN UN the with internship an landed Fellow and tice in collectively $200,000 than more students the J-1 Department’s State of the part as US the to come to law. pursue to her inspired that of injustice type the to to Ukraine, and elsewhere from labor exploitation—just exploitation—just labor from elsewhere and Ukraine, individuals seeking refugee status, Mao developed developed Mao status, refugee seeking individuals icy. The Department of Labor ultimately awarded awarded ultimately of Labor icy. Department The in the Immigrant Rights Clinic. “The training and and training “The Clinic. Rights Immigrant the in kaesque immigration system when she was a student astudent was she when system immigration kaesque in Company Hershey of the for subcontractors lates back wages, and the State Department banned the the banned Department State the and wages, back Forbes “I remember one student showing me her first first her me showing one student remember “I In Post At NYU Law, aRoot-Tilden-Kern Scholar, Mao, NYU At The students had each paid thousands of dollars of dollars thousands paid each had students The She also learned to navigate what she calls aKaf calls she what navigate to learned She also , the April 2014,the oon after landing her first job as a lawyer, Julie lawyer, Julie as a job first her landing after oon than 300 students hailing from Turkey, China, China, Turkey, from hailing students 300 than more protect to working ’11 herself found Mao , received Long ’ 2014 list of “30 Under 30” in law and pol of “30 Under law and 30” in list ’ 2014

through aggressive report and Poitras—for “helping Greenwald, MacAskill, team—led by reporters tee praisedtheGuardian’s NSA. Theprize commit of securityandprivacy.” and thepublicover issues between thegovernment about therelationship adebate ing tospark ------Alina Das ’05] was foundational to my career as an an as my to career ’05] foundational Das was Alina seller list. Before list. seller long, the New York Timesbest and latest bookquickly hit sures, Greenwald’s fifth ing ontheNSA- disclo subsequent work report with Snowden andhis Greenwald’s firstmeeting 2014. Anaccount of No PlaceHideinMay to clinic, she and fellow students spent two years help years two spent students fellow and she clinic, with the opportunity to achieve full citizenship,” citizenship,” full achieve to opportunity the with community. and family with remain to right the win mentorship [by Professors Nancy Morawetz ’81 and ’81 and Morawetz Nancy Professors [by mentorship not that lucky.” that not she says, “but many of our family and friends were friends and family of our many “but says, she destabiliz the and borders, and visas by families the US from China under a guest worker program. worker program. aguest under China from US the ily was very fortunate to have emigrated to the US US the to have emigrated to fortunate very was ily “Myfam policies. immigration rigid of effect ing proceedings deportation in activist rights a civil ing of the part As says. Mao advocate,” rights immigrant both professional and personal. Her father came to came Her father personal. and professional both She grew up witnessing the separation of immigrant of immigrant separation the up witnessing She grew Greenwald published Mao’s deep interest in immigration reform is is reform immigration in interest Mao’s deep Michelle Tsai - - rights, too. it hadacquired thefilm Sony Pictures announced - - - 45 The PEOPLE 46 WWW.LAW.NYU.EDU bate spending. onpolitical Intelligence Squared de - pated in—and won—the - Neuborne partici Burt Directorate-General. to Europe’s Competition her 30thannuallecture anddeliveredAssociation the New York State Bar Public Award Service from the AntitrustLaw Section Eleanor Fox ’61 was given ment Awards. Foundation’s First Amend- ment Award at theHefner the 2014Lifetime Achieve- Norman received Dorsen in thelasteightyears. for theseventh time list articles securities top 10corporate and ’sCommentator annual on Kahan were recognized Stephen ChoiandMarcel ofsurveillance Muslims. litigating against NYPD for hiscontinuing role in ofAssociation New York ored by theArab American Paul Chevigny was hon- States workshop. Conference of theUnited at theAdministrative the criminallaw keynote Rachel Barkow gave and appointments. Selected honors,awards, briefs faculty Corporate Practice Corporate Practice

42), presented the award. “Meg Satterthwaite was was Satterthwaite “Meg award. the 42), presented Clinical Clinical A Unanimous Win aDebut and Book Ray Hinton v.Ray Alabama most years professor bryan stevenson most years counsel during his 1986 capital trial, declaring the the declaring trial, 1986 capital his during counsel of the world’s best-known honors, includ honors, world’sof the best-known won several he has career of his course one eye and who was discredited at the trial. Mean trial. the at discredited who was one and eye $1,000 only pay hecould believing Mistakenly ders. a standout candidate,” said Gadsby later, “due to Gadsby said candidate,” a standout on page Gadsby about more (see committee awards an alumna on the NYU Law faculty, Margaret Margaret faculty, Law NYU on the alumna an while, Stevenson contends Hinton was working in a a in working was Hinton contends Stevenson while, published. be will book first very variety of roles she holds at the Law School, and the the and School, Law the at holds she of roles variety not only her outstanding scholarship, but also the the but also scholarship, outstanding her only not gerprints, the case hinged on ballistics evidence in in evidence on ballistics hinged case the gerprints, a third shooting that prosecutors tied to the mur the to tied prosecutors that shooting a third or fin noeyewitnesses 1985. With in murders area Initia Justice Equal of the director executive and general counsel of Scholastic and co-chair of the of the co-chair and of Scholastic counsel general for Human Center the and Program Tilden-Kern Teaching Award at the 2014 reunion in April. in reunion 2014 the at Award Teaching Court agreed that Hinton did not receive effective effective receive not did Hinton that agreed Court (2000). addition in But Prize Olof Palme rights, wins a few awards. Over the the Over afew awards. wins rights, human and justice on social focused for an expert ballistics witness, Hinton’s attorney Hinton’s attorney witness, ballistics expert for an hired someone who was inexperienced and blind in in blind and inexperienced was who someone hired the of violation in deficient performance lawyer’s to five more awards and honors in 2014, 2014, in and honors five to more awards anonprofitlaw organization (EJI), tive Rights and Global Justice, who received the Legal Legal the who received Justice, Global and Rights sion for a long-time death-row client, and this fall his his fall this and client, death-row sion for along-time (1985) Award the and aMacArthur ing Sixth Amendment. Amendment. Sixth The client. his vindicate to effort Stevenson’s 15-year - deci Court Supreme a unanimous earned Stevenson Satterthwaite ’99, faculty director of the Root- of the director ’99, faculty Satterthwaite Hinton had been arrested for two Birmingham- for two arrested been had Hinton Anthony Anthony in decision Court Supreme February’s Linda Gadsby ’92, vice president and deputy deputy and president ’92, vice Gadsby Linda A was a welcome milestone in in milestone awelcome was cclaim and their dedication to dedication their and year, the LAA lauded LAA the year, ers, as manifested in manifested as ers, each year Law Alumni Associa Alumni Law the education and train and education the honors tion ing of law students. This This of law students. ing both their scholarship scholarship their both

- great teach great , the NYU NYU , the , founder , founder ------

Amnesty International USA’s program on the human human USA’s on the program International Amnesty Justice Commission as a human rights investigator. investigator. rights ahuman as Commission Justice cal methods in human rights settings, economic and and economic settings, rights human in methods cal one of whom wrote, “He inspires countless people people countless “He inspires one of whom wrote, pub for October slated society, American to damage collateral its and punishment capital and ceration we treat the most vulnerable in society.” in vulnerable most the we treat violence and economic and social rights. Other proj Other rights. social and economic and violence rights of those persecuted for their sexual orienta sexual for their persecuted of those rights tor and detention, secret rendition, extraordinary as well as killings drone targeted have tackled ects gender-based water, to and right the food, to right the there—regarding 2010 earthquake devastating on had has she impact and with relationships deep Puffin Award for Human Rights Activism—all in Activism—all Rights Human for Award Puffin $100,000 won ALBA/ the and Award, Service Public and Sciences, received the Vera Institute of Justice of Justice Vera Institute the received Sciences, and have all co-workers and Hinton’s supervisor and recognizes teaching excellence, leadership, social social leadership, excellence, teaching recognizes Central Intelligence Agency practices involving involving practices Agency Intelligence Central on empiri scholarship in engaged currently is Clinic, social rights, and human rights in counterterrorism. counterterrorism. in rights human and rights, social lication. (Read a brief excerpt on page 66.) on page excerpt abrief (Read lication. shooting, third of the time the at warehouse locked tin Luther King Jr. Faculty Award from NYU, which which NYU, from Award Jr. Faculty King Luther tin of April. month the to care about issues of race and the ways in which which in ways the and of race issues about care to Podell Distinguished Teaching Award. Teaching Distinguished Podell Nations Development Fund for Women. Fund Development Nations justice work, and community-building in King’s King’s in community-building and work, justice tion, and worked for the Haitian National Truth and and Truth National Haitian worked for the and tion, School’s Law the received Satterthwaite 2011 In ture. spirit. The awardees are nominated by students, students, by nominated are awardees The spirit. of Arts Academy American the to elected was son including several in Haiti—both before and after the the after and before Haiti—both in several including book, book, her students, past and present.” and past students, her She was also a human rights consultant to the United United the to consultant rights ahuman also She was projects, of major anumber in clinic her led She has Among his several awards and honors, Steven honors, and awards several his Among Closer to campus, Stevenson earned the Dr. Mar the earned Stevenson campus, to Closer Stories like Hinton’s populate Stevenson’s debut Stevenson’s debut Hinton’s populate like Stories Satterthwaite co-founded and then directed directed then and co-founded Satterthwaite Justice Global the co-teaches who Satterthwaite, Just Mercy Just “I’m delighted to win relief for Hin Mr. relief win to “I’m delighted years for crimes he did not commit,” said said commit,” not hedid for crimes years attested to his innocence. The case has has case The innocence. his to attested now been reversed and remanded back back remanded and reversed now been ton, who has been on death row for 28 for row 28 on death been has who ton, review. for further courts Alabama the to but this is an important step forward.” forward.” step important an is but this Stevenson. “There is more work more do, to is “There Stevenson. , an intimate portrait of mass incar of mass portrait intimate , an ------DWORKIN: JOHN EARLE T work in his own adjudication, recalled his long his recalled adjudication, own his work in of Dworkin’s importance the acknowledged who has Extolling aLife and Mind remembered foremost for his love of ideas and and love of ideas for his foremost remembered rial for Ronald Dworkin, for Ronald rial and influential legal philosophers of the past half- past the of philosophers legal influential and debate. US Supreme Court Justice Stephen Breyer, Stephen Justice Court Supreme US debate. year. last whodied century, for yourfor (health) information Green fellows program, Koe calls Koe Tech’s andtimely. missionbothimportant “Above all,” she decisions,” says Lwin. Inadditiontocreating jobsfor population andproviding thelocal data echelon of thehighest-potential entrepreneurs social across theglobe.” says, “Mike’s resounding leadership, tothiswork passion,anddedication hasplaced him inan When Michael Lwin ’09visited Myanmar in2009after graduating from lawhedidnotgo school, withthein- Echoing Green GlobalFellowship (Lauren Burke ’09,profiled inthe2013NYULaw Magazine and the healthcare system inMyanmar at thetime—inparticular, thestate of healthcare records. tent of founding acompany. Afirst-generation parents whose left American Myanmar for the United States in the1970s, Lwin was primarilyinterested inlearningmore abouthisroots. During thetrip, heconnected information exchange. for public healthresearch, thecompany’s long-term goal isdeveloping anationwide health founder of Atlas:DIY, arecipient). isalso Thefellowship emergingentrepreneurs social supports with hiscousin Yar Zar Min Htoo,whowas andcomputeraboutthestate of adoctor deeplycritical scientist, working tobringaboutpositive change. social Erica Lock, associate director of theEchoing his trip, Lwin stayed intouchwithhiscousin, andtogether they founded Koe Koe Tech, inYangon, based totrain local peopleincomputerlocal programming anddevelop software for thecountry’s healthsector. Dworkin, a faculty member for 38 years, was was years, for 38 member afaculty Dworkin, “What we’re“What to dataand do isconsolidate to collect trying it for doctorsmaking health care “There are zero“There electronic records inMyanmar, ifyou so walk intoaclinicor lab, it’s paper,” all Lwin says. After hree deans and a distinguished group of legal of legal group adistinguished and deans hree theorists, jurists, and cultural influencers influencers cultural and jurists, theorists, shared their stories at the Law School’s memo Law the at stories their shared In recognition of theirachievements, the cousins were recently named co-recipients of a2014

one of the most revered revered most one of the -

Thomas Nagel at its helm, as a highlight of their of their a highlight as helm, its at Nagel Thomas with pleasure, brilliant society, and aesthetic style, style, aesthetic and society, brilliant pleasure, with Law Lewis Kornhauser called it “the centerpiece and and centerpiece it “the called Kornhauser Lewis Law lon. “Rather, his confident enthusiasm invited us invited enthusiasm confident his “Rather, lon. building, “He was strategically. talks these used kin Colloquium in Legal, Political, and Social Philoso Social and Political, Legal, in Colloquium intellectual lives. intellectual moral and political convictions, with a life filled filled a life with convictions, political and moral powerful by motivated level, highest the at ment achieve intellectual creative combine to managed “Ronnie lived: well life Dworkin’s on reflected itus, ing questions.” ing phy, which had run for 25 years with Dworkin and and Dworkin with years for 25 phy, run had which law.” the to approach philosophical poster child of the intellectual renaissance at NYU.” at renaissance intellectual of the child poster boldness in addressing some of life’s deepest quan of life’s deepest some addressing in boldness detailed coherent, influential, a highly bit bit, by brilliant work remains.” brilliant and could do better than the rest of us,” said Scan of us,” said rest the than do better could and and he seemed to be able to give equal attention to to attention equal give to able be to he seemed and of superiority, no suggestion that he knew better better he knew that no suggestion of superiority, attitude involved no confidence “Ronnie’s daries. loved “Ronnie Dworkin. with walks conversational to join him in taking on these difficult and interest and difficult on these taking in him join to Dwor that Breyer, whonoted said argument,” good of a exchange intellectual the forth, and back the them all…. The brilliant life is now over, and the now over, the is life and brilliant The all…. them Many speakers also remembered the famous famous the remembered also speakers Many Philosopher T.M. Scanlon spoke of Dworkin’s spoke T.M. Scanlon Philosopher Nagel, now professor of philosophy and law emer and of philosophy now professor Nagel, Rachel Burns

Fr ank Henry Sommer Professor of of Professor Sommer Henry ank

------47 The PEOPLE 48 WWW.LAW.NYU.EDU professor, student.” alone let “Nick’s poise on the witness witness the on “Nick’s poise stand in the Vergara inthe stand would be the envy of any of envy the would be kenji yoshino kenji N ACLU to bring a lawsuit on behalf of his students. students. of his on behalf alawsuit ACLU bring to violated the students’ rights to equal opportunity opportunity equal to rights students’ the violated way to address it.” address way to children for homeless acamp at he volunteered when Education Law Society. His first summer, he interned interned he summer, first His Society. Law Education In for children. improveall to law the education use to how A 3L learns Back to School his private school and the schools schools the and school private his College in 2008, Melvoin joined Teach Teach joined Melvoin 2008, in College in Los Angeles. But after his first year, Melvoin lost lost Melvoin year, first his after But Angeles. Los in School Middle Markham to assigned for America, Ithought “So Melvoin. inequity,” says - strug rights civil greatest the mind, between disparity the noticed and Angeles Los in at NYU Law as aRoot-Tilden-Kern Scholar. as Law NYU at cation inequality through the law and was accepted accepted was law and the through inequality cation of that struggle, was really the best best the really was struggle, of that this policy on his school, Melvoin worked with the the workedwith Melvoin school, on his policy this to access quality education. quality access to schools LA several at layoffs seniority-based the that lines front on the being and teaching, my to. “In going were kids the that gle of our generation is educational educational is generation of our gle case case Reed v.Reed California As a law student, Melvoin served as chair of the of the chair as served Melvoin alaw student, As When he graduated from Harvard Harvard from he graduated When - edu how address to consider to began Melvoin icholas Melvoin ’14 did not originally plan to to plan originally not ’14 Melvoin did icholas a teacher. His interest in education began began education in interest a teacher. His go into the law; he thought he would become become hewould law; he thought the into go “Last-In, First-Out,” or LIFO), the new or LIFO), the First-Out,” “Last-In, his job due to budget cuts. Under Cal cuts. due budget to job his ifornia’s seniority statutes (known as as (known statutes seniority ifornia’s off again. Seeing the negative effects of effects the negative Seeing again. off off. laid be to first the are teachers est teach at the same school, only to be laid laid be to only school, same the at teach The following year, he returned to he returned year, following The , the ACLU successfully argued argued ACLU successfully , the but you will also help Law School students and graduates. and students School will also help Law you but Got Talent Not only will you find exceptional candidates, exceptional find will you only Not Post a job with us anytime, free of charge. of free anytime, us with a job Post NYU Law’s Wendy Siegel, Director, Office of Career Services Career of Siegel, Wendy Office Director, To discuss how we can best assist you, contact: you, assist best can we how To discuss (212) 998-6096 or [email protected] - - “His commitment to public service is infectious, and and infectious, is service public to commitment “His Melvoin says. “That’s what catalyzed my interest in in my interest catalyzed what “That’s says. Melvoin liti on education note student his wrote Melvoin Los Angeles, a start-up that aims to help elect help to elect aims that astart-up Angeles, Los his time in law school. “Nick’s poise on the witness witness on the “Nick’s poise law school. in time his law school.”law edu field of on the mark leave amemorable he will mer, Melvoin worked on the White House domestic domestic House White mer, worked on the Melvoin ing on behalf of children in Los Angeles again,” again,” Angeles Los in of children on behalf ing board— school LA the to candidates reform-minded Law. Constitutional of Professor ren policy council team, focusing on civil rights and and rights on civil focusing team, council policy at the ACLU in LA, where he worked on statewide he worked on statewide where ACLU LA, in the at criminal justice reform. As editor-in-chief of the of the editor-in-chief As reform. justice criminal sum following policy. The and litigation education district in the country.“I’m very excited about work about excited country.“I’m the very in district says. she attention,” his command that concern of public areas other the and leadership cational the governing body of the second-largest school school second-largest of the body governing the Schools: Public of Great counsel legal and tions, Caldwell. Paulette Professor by supervised gation, student,” says Kenji Yoshino, Chief Justice Earl War Earl Justice Kenji Yoshino, Chief says student,” much less professor, of any envy the be would stand Melvoin is now director of policy, communica now director is Melvoin Drawing on his experiences in Reed in experiences on his Drawing Rachel Burns Review of Law and Social Change Social and Law of Review Melvoin also helped organize acon organize helped also Melvoin v. California in in and education in on diversity ference for the plaintiffs in yet another another yet in plaintiffs for the the future of affirmative action. of affirmative future the Vergara Vergara case, anti-LIFO successful Vergara This spring, Melvoin testified Melvoin says that his involvement involvement his that says Melvoin was a good capstone to capstone agood was . and Vergara and ------, ,

“Once you get it on your calendar that from 7:00 to to 7:00 from that calendar it you on your get “Once ’15 [drums] and James Aliaga ’15 [lead guitar] joined joined guitar] [lead ’15 Aliaga James and [drums] ’15 (fiddle), ’15 and Pernick Michael guitar), (rhythm ’15 They Got the Beat Alexander Cousins ’15 (vocals) first performed on performed first (vocals) ’15 Cousins Alexander African proposed, theDengs creation toensure that oftook justice acourt after Arguments themasskillings Village where Sonic Youth, David Bowie, and Third Third and Bowie, Youth, David Sonic where Village Boots on the Ground they met like so many other bands do bands other many so like met they 10:00 p.m. on Sundays this is where I am, you just you just Iam, where is this on10:00 Sundays p.m. v. Tompkins Erie Railroad Co. Co. Railroad Erie case 1938 Court Supreme the about while participating in student organizations, sum organizations, student in participating while mer associate programs, and other activities is nearly nearly is activities other and programs, associate mer however,time, first the is This performances. dance and punishedfor thewrongs they commit,” continue they toexperience will country wrote, violence…and “the the dream of a peaceful andprosperous never nation will berealized.” place inDecember. inthecountry “Until SouthSudan’s leadersare madeaccountable tothepeoplethey serve stances can be difficult, but rehearsing regularly regularly rehearsing but difficult, be can stances that Day.) Miller Erie “ItoldProfessor after shortly start to plan around it.” around plan to start Friday has become an endearing part of the Law Law of the part endearing an become has Friday tradition, a decades-long Following class. Procedure Civil Miller’s Arthur Professor University in Day Erie Band Nights at the Red Lion and the Bitter End. Bitter the and Lion Red the at Nights Band that we’re all very understanding.” Jondahl agrees: agrees: Jondahl understanding.” very we’re all that Holoszyc-Pimentel (Raphael born. was aband that and numbers, musical skits, with year each trial famous the of parts different enact students Miller’s imagined,” says Holoszyc-Pimentel. impossible. “It’s pretty tricky,” says Aliaga. “It helps “It helps Aliaga. tricky,” says “It’s pretty impossible. he has inspired something far larger than he ever than larger far something inspired he has lic Service Auction and for Student Bar Association Association Bar for Student and Auction Service lic School community. They performed at the 2014 Pub 2014 the at performed They community. School The Dengs haveThe Dengs co-authored acouple of opinionpieces inAfrican in media.In aJanuary2014commentary The band practices at a small studio in the East East the in studio a small at practices band The In a short time, the band known as Champagne Champagne as known band the time, ashort In Keeping a band together under normal circum normal under together aband Keeping . Andrew Jondahl ’15 (bass), Amir Badat Badat Amir (bass), ’15 Jondahl . Andrew Three years afteranindependentstate, SouthSudanbecame thecoun- year later. They marriedin2012andnowlive inNairobi, Kenya. did notholdaccountable thepeopleresponsible for humanrightsabuses. diers’ toformer allegiances militialeaders andaweak justice system that International, andDavid Deng’10,research director for theSouthSudan Law Society, have extensively reported onthegrave situation. David has problems includedunorganized armedforces that were fractured by- sol published by Amnesty International inJuly. Sheexplained that these new already country faced arange of problems,” Elizabethin aQ&A said tries. Elizabeth Ashamu Deng ’11, a South Sudan researcher with Amnesty faces still internalpeoplehave Moretry serious conflict. thanonemillion been based inSouthernSudansincebeen based 2010,andElizabethfollowed one displaced,been internally and400,000have fledtoneighboring coun- “Although SouthSudan’s independence was widelycelebrated, the , singing , singing - - - education law to intellectual property litigation. litigation. property intellectual law to education from Roots, the to Clash the from ranging ests, inter legal their as varied as is inspiration musical majority opinion. opinion. majority goal is to give our friends and colleagues who come whocome colleagues and friends our give to is goal students, they are content being a cover band. “Our “Our band. acover being content are they students, the describing lines with Wheel” “Wagon song Show Medicine Crow Dylan/Old Bob the sented For that fateful Erie Day performance, they pre they performance, Day Erie fateful For that Their Pernick. says rehearsed, have all Blind Eye the band will play on. will band the to our shows a really great time,” says Pernick. And, And, Pernick. says time,” great areally shows our to he says, if all six remain in New York past graduation, York New graduation, in past remain six all if he says, Badat, Pernick, Holoszyc-Pimentel, Cousins, Jondahl, and Aliaga and Jondahl, Cousins, Holoszyc-Pimentel, Pernick, Badat, For now, and especially while they are full-time full-time are they while For now, especially and Christine Perez Christine - - — “[T]he globaltrend towards “[T]he I Tribune by Elizabeth and citizens. Theonlyques David Deng Sudan opinion pieceintheSudan abolition will eventually abolition will of SouthSudan,along many more people will be many be more peoplewill persuade thegovernment tion that remains ishow itsown to stopkilling that continue toadmin- ister judicialexecutions, with the other nations with theothernations hanged before thisoccurs.” n From aSeptember2012 T heir Words -

49 The PEOPLE 52 WWW.LAW.NYU.EDU Lawyers. of CriminalDefense the National Association Achievement Award from received aLifetime Manuel Vargas ’84 is a2014Skadden Fellow. Jessica Rubin-Wills ’12 2015 term. Bader Ginsburg inthe for clerk will Justice Ruth term; Sotomayor inthe2014 for clerk will Justice Sonia Michael Pollack ’11 Dealmakers of theYear. Lawyer’American s 2014 & Zabel, were amongthe at Schulte Rothpartner David Rosewater ’95, Steen &Hamilton,and Gottlieb at Cleary partner Francesca ’96, Odell Administration Board. National Credit Union ’03 J. Mark McWatters LLM District of Tennessee. for Court trict theWestern confirmed tothe US Dis LipmanSheryl ’87was Young Americans. on Financial Capability for dent’s Advisory Council appointed tothePresi- Richard Ketchum ’75 was Human Rights Council. US totheUN ambassador Keith Harper’94became Federal Circuit. of AppealsforCourt the was confirmed tothe US Raymond Chen’94 briefs alumni was confirmed tothe Amy Marshak ’11

T US v.US Abu Ghayth US v. v. US charges; on terrorism victed Tanzania; and v. US Muse Ghailani would also apply to the Sixth Amendment. Amendment. Sixth the to apply also would Judging and Procedure Criminal both teach will Law. “I look forward to examining and reexamining reexamining and examining to Law. forward “Ilook con whowas son-in-law Laden the for Office Attorney’s US the Unit at Narcotics National Security. Security. National Law the joined Force), October Task who last Enron US law overseas raises “immensely “immensely raises law overseas US reach. government’s the Law, assess enforcers federal As fellows former NYU at M have taught or will teach National Security Law. Far Security National teach or will have taught shift: of this history acapsule like law enforce that is frequently less research projects. The first is an article about whether whether about article an is first The projects. research a from in steeped professionally been I’ve that issues Farbiarz But 100 years. than more apparatus.” security national the with closely very works ment piracy case tried in a US court in in court a US in tried case piracy prosecuted or supervised reads biarz will also teach National Security Law: Transna Security National teach also will biarz about American power, we think about the mili the about power, we think American about also knows that the application of application the that knows also and the Center on the Administration of Criminal of Criminal Administration on the Center the and and properly classified in the first place. Since the Since place. first the in classified properly and counsel for the FBI (and before that director of the of the director that (and before FBI for the counsel he says. perspective,” different and a perch different questions.” consequential and Kenya in bombings embassy US the in role for his convicted determine whether they were properly declassified— properly were they whether determine government usually only declassifies large amounts amounts large declassifies only usually government Amendment Fifth the to exception” safety “public the Weissmann Power, and of American Exercises tional we see butwhat CIA, the and tary searching possible answers as a as answers possible searching similar issues is Andrew Weissmann, former general general former Weissmann, Andrew is issues similar Security and on Law Center the both at fellow senior we think of York. New “When District Southern sified in the wake of the Edward Snowden leaks to Snowden leaks Edward the of wake the in sified School with the same joint appointment. Both men men Both appointment. joint same the with School Weissmann is also continuing work on three work on three continuing also is Weissmann The list of cases Farbiarz has has Farbiarz of cases list The In July, Farbiarz began re- began July,In Farbiarz His second project examines documents declas documents examines project second His He’ll be in good company: Already examining examining Already company: good in be He’ll easuring Law’s Long Long Law’s easuring he way in which US power has applied abroad abroad applied has power US which he way in is “the great theme of American public law public of American theme great “the is co-chief of the Terrorism and International International and Terrorism of the co-chief since 9/11,” says Michael Farbiarz, former former Farbiarz, 9/11,”since Michael says , a Guantánamo detainee detainee , a Guantánamo , an Osama bin bin Osama , an , the first first , the - - Weissmann Farbiarz - - - - “What qualifies as a search or seizure under the under seizure or search as a qualifies “What “so they also know where the government is on less on less is government the where know also they “so Administration of Criminal Law. of Criminal Administration Andrew and Michael are coming from senior posi senior from coming are Michael and Andrew Robert Levine we have is to bring in people who have had top-notch top-notch whohave had people in bring to we have is Barkow, Segal Family Professor of Regulatory Law Law of Regulatory Professor Family Barkow, Segal Fourth Amendment?” When critics discuss the NSA’s the discuss critics When Amendment?” Fourth has passed, “there’s never been an instance where where instance an been never “there’s passed, has line than other scholars,” says Samuel Rascoff, asso Rascoff, Samuel says scholars,” other than line Center on Law and Security. “But neither one is the the one is neither “But Security. and on Law Center in the academic life of the Law School,” says Rachel Rachel School,” says Law of the life academic the in issues is what the fellowships promise. “The model model “The promise. fellowships the what is issues mann says. “It’s wonderful to have time, and smart smart and have time, to “It’s wonderful says. mann people with whom to think through aproblem.” through whomthink to with people government the to truth some there’s believe to posed and Policy and faculty director of the Center on the on the Center of the director faculty and Policy and a bulk set of data has been declassified like this,” like declassified been has of data set a bulk decision that can be made in seven minutes,” Weiss minutes,” seven in made be can that decision of the director faculty of law and professor ciate of documents at once after a certain amount of time of time amount acertain after once at of documents to do. “At the bureau, your life often involves the best best the involves often life your do.to “At bureau, the participating while projects written in service that on reflect to time some who want careers government Rascoff, Kool-Aid,” continues the drinking be to type predis more be might they so government, in tions says Weissmann. Weissmann. says solid ground.” ground.” solid Weissmann’s third project will essentially ask, ask, essentially will project third Weissmann’s That’s exactly what Weissmann and Farbiarz plan plan Farbiarz and Weissmann what exactly That’s Giving both men a chance to think about the the about think to achance men both Giving Fourth Amendment should apply apply should Amendment Fourth land mon in legal academia. “Both “Both academia. legal mon in - or sei asearch necessarily not numbers they dialed. But “what “what But dialed. they numbers the in of privacy expectation mate ment didn’t go into the telephone telephone the into go didn’t ment article will examine whether the the whether examine will article order,” “That’s says. Weissmann informa the seize and company tion; it went to court to get a court acourt get to it wentcourt to tion; to such government actions.” government such to everyone who has been critical of critical been whohas everyone - no legiti had customers company 1979 of the outcome the decry often gram ignores is that the govern the that is ignores gram pro metadata telephone NSA the they program, metadata telephone zure—it’s like a subpoena, and the the and asubpoena, like zure—it’s Supreme Court case Smith v. Mary case Court Supreme This take on privacy isn’t com on privacy take This , which held that telephone telephone that held which , A rm ------

Weissman: Photo by Rohanna Mertins “He knows and appreciates many different cultures, cultures, different many appreciates and “He knows Africa in the Philosophy of Culture of in Philosophy the Africa Adam Gopnik, Appiah is as conversant on the phi on the conversant as is Appiah Gopnik, Adam New Yorker New disarming, and charming is Appiah New Faculty When Anthony Appiah talks about cosmopolitanism, cosmopolitanism, about talks Appiah Anthony When cian and upper-crust British mother whose biracial biracial whose mother British upper-crust and cian contributes to every community of which he is a heis of which community every to contributes about,” says Amy Gutmann, Appiah’s co-author Appiah’s co-author Gutmann, Amy says about,” Guess Who’s film the have inspired to thought is and and asserts that race is a social construct with no with construct asocial is race that asserts and In My Father’s 1992 book House: autobiographical Coming to Dinner to Coming Professor of Philosophy and Law Law and Philosophy of Professor race, Africa, and nationalism since the 19th century century 19th the since nationalism and Africa, race, of discussions have clouded that misconceptions on of Philosophy. Department the in appointment dual with parties book Hosting court. royal British of the Ghana travels—from and interests many his reflect story. life his world, or recounting a diverse in ously greatest expression in his celebrated 2006 work, 2006 celebrated his in expression greatest great elegance of his carriage, conversation, and and conversation, carriage, of his elegance great iden many Ihad religion. orientation, gender, sexual German, Latin, and Asante Twi. Asante and Latin, German, (1998) and University of Pennsylvania president. president. Pennsylvania of (1998) University and part, and is absolutely comfortable wherever he is.” wherever comfortable absolutely is and part, a with year this Law NYU whojoined philosopher society wedding caused an international sensation sensation international an caused wedding society New Yorker New of the director Finder, editorial Henry them. between seamlessly moving England, the publication of his groundbreaking, partially partially groundbreaking, of his publication the the mistake not “I would says: Remnick David tor arenowned Appiah, us,” says around diversity the managing in my interest cultivate helped that tities influential writers such as Malcolm Gladwell and Gladwell Malcolm as such writers influential painters by gold oils to weigh to used once spoons ian that artifacts and art with filled apartment an in K legitimate biological basis. basis. biological legitimate thinks.” and he writes French, English, in subjects those about talk he can sheep—and on shearing he is as of language losophy and in Ghana environments different but very leged harmoni for living theory his discussing be he could bearing for a lack of really ferocious rigor in what what in rigor ferocious of forreally alack bearing wame “He is the cosmopolitan citizen that he writes he writes that citizen cosmopolitan the “He is identities—race, many by shaped worlds “We in live Color Conscious: The Political Morality of Race of Morality Political The Conscious: Color Appiah now lives in Tribeca with his spouse, spouse, his with Tribeca in now lives Appiah Appiah’s ideas about identity reached their their reached identity about Appiah’s ideas with prominence widespread gained first Appiah He is the son of a prominent Ghanaian politi Ghanaian of a prominent son the He is A nth on . He spent his youth in two privi two in youth his . He spent y A pp i ah . It analyzes the the . It analyzes edi ------,

“Though I don’t, I can still be friends friends be still I don’t, I can “Though Appiah sets forth a challenge: to be a global citizen citizen aglobal be to achallenge: forth sets Appiah Anthony was sent to live with his maternal maternal his with live to sent was Anthony When his father was abruptly jailed for sym jailed abruptly was father his When and Letters. This year he joined the board of the of the board the he joined year This Letters. and a black studies program in the US. US. the in program studies a black exclusive attending freed, was father his after dignitaries. for visiting stop obligatory an held neighborhood, upper-class a black Cosmopolitanism: Ethics in aWorld Strangers Ethics of Cosmopolitanism: was herself “a cosmopolitan thinker,” Appiah Appiah thinker,” “a cosmopolitan herself was was inducted into the American Academy of Arts of Arts Academy American the into inducted was over that whodisagree people with who sat on a heavy chair and dressed in in dressed and chair on aheavy who sat II, Prempeh King uncle, great his visiting of life cultural and philanthropic the in active was with shared moral responsibilities to all of human- all to responsibilities moral shared with mother, Enid Margaret “Peggy,” was a writer who who awriter was “Peggy,” Margaret Enid mother, in rights for human advocating by responsibility of how question fundamental rather doctorate in analytical philosophy from Cam from philosophy analytical in doctorate Univer the at College Clare He entered ophers. relief. formoney famine was and library local the than books more in home, family’s His togas. African rich other people often did.” did.” often people other grandmother, Lady Cripps, in England. She England. in Cripps, Lady grandmother, president, and with other organizations. In 2008 he he 2008 In organizations. other with and president, difference.” plus private schools. As a teen, he was part of an intel of an part he was a teen, As schools. private seven-year-old opposition, the with pathizing sador and occasional member of Parliament. His His of Parliament. member occasional and sador sity of Cambridge intending to study medicine, medicine, study to intending of Cambridge sity distributing China in time spent who had says, felt any difficulty about who we were, though though about who wewere, difficulty felt any of proud we be that insisted mother and father New York Public Library. YorkNew Library. Public Louis Gates, who tried to recruit him to help build help to build him recruit to who tried Gates, Louis to marriage by related was Joseph Ghana. Kumasi, the world works.” Appiah takes on his share of moral of moral share on his takes world works.” Appiah the the major 20th-century theologians and philos and theologians 20th-century major the blue- her trace could Peggy while kings, Ashanti two is: cosmopolitanism is universality universality is cosmopolitanism is: ity, while also accepting and valuing differences in differences valuing and accepting also ity, while his work with PEN American Center, where he was he was Center, where American PEN work with his lectual left-leaning evangelical group that read read that group evangelical left-leaning lectual believe in witchcraft,” says Appiah. Appiah. says witchcraft,” in believe “My slogan creed. color, and belief, bridge and taught briefly in Ghana before in Ghana briefly taught and bridge Henry he met There philosophy. to but switched both sides of the family,” says Appiah. “I never “Inever Appiah. family,” says of the sides both “My Conquest. Norman the to lineage blooded “I grew up in a place where people people where aplace up in “I grew Appiah’s father, Joseph Emmanuel, was an ambas an was Emmanuel, Joseph Appiah’s father, Appiah, however, earned his bachelor’s and bachelor’s and his however, earned Appiah, Appiah continued his education in England England in education his continued Appiah Growing up in Kumasi, Appiah recalls recalls Appiah Kumasi, up in Growing “ david remnick david conversation, and bearing for bearing and conversation, carriage, his of elegance great in what he writes and thinks and in what writes he really of rigor a lack ferocious I would not mistake the I would mistake not - - . In it, it, . In - - - - .” 53 The PEOPLE joining Gates at Yale in 1981. Within the next decade, against unwanted takeovers—affects corporations. he would follow Gates to Cornell, Duke, and Harvard, Several studies have found that having a pill in place where the two co-edited Africana: The Encyclope- is negatively correlated with firm value, Catan says, dia of the African and African American Experience and during the last decade institutional investors and built up the W.E.B. Du Bois Research Institute, have pressured firms into dropping their active pills. which Gates now heads. “I’ve never met a person The commonly accepted theory was that adopt- more comfortable in his own skin and in the coming the pill was not in the shareholders’ interest, plexity of all that that means,” says Gates about and that is why those firms would have lower value. Appiah. “Anthony’s mind is too subtle to succumb Catan claims, however, that other factors may ren- to categorizations of being black or white, Ghana- der any correlation meaningless. “It may be the case ian or English. He taught me that we are all the that firms adopt the poison pill because the direc- product of multiple identities.” tors perceive the shares as being mispriced,” he says, In 2002, Appiah left Harvard to become the Lau- which would confound any attempt to infer how rance S. Rockefeller University Professor of Philoso- the presence of a pill affects firm value or operating phy at Princeton University. He was drawn to NYU performance. “This begs the question of whether in part to work once again with law students, as he the anti-pill crusade of the past decade was actu- did while a visiting professor in 1998. He will teach ally warranted.” a course that explores how honor—the subject of Catan is also writing “The Significance of State his 2010 book The Honor Code: How Moral Revolu- Anti-Takeover Statutes: A Law and Finance Perspec- tions Happen—supports and competes with the law. tive” with Marcel Kahan, George T. Lowy Professor of Appiah plans to spend at least part of every year at Law. “Catan is a very careful, sophisticated empirical NYU Abu Dhabi and NYU’s other satellite locations, scholar who has a detailed understanding of legal and to teach jointly with colleagues abroad. doctrine,” Kahan says. “His approach is to employ Closer to home, he and Finder spend weekends his knowledge of the law and of empirical methodol- in an 18th-century farmhouse near Princeton that ogy. Very few other scholars share this combination.” they share with ducks, geese, and sheep. Appiah Catan plans to teach Corporations this fall, cherishes having a respite from the city and a place and he’ll be co-convening the Law and Economics for their extended family to visit. Yet ever the cosmo- Colloquium with Jennifer Arlen ’86, Norma Z. Paige politan, he says: “If I had to choose between one or Professor of Law. At some point, he’d like to teach the other, I would choose the city.” Jennifer Frey courses on mergers and acquisitions, and share- holder activism. Earning his JD in 2003 from Universidad Emiliano Marambio Catan LLM ’10 Torcuato Di Tella in Buenos Aires, Catan received the Assistant Professor of Law gold medal for achieving the highest GPA in his class. The son of an engineer and a kinesiologist, Catan When Emiliano Marambio Catan takes a vaca- was born in Buenos Aires in 1980. He has younger tion from his research, there’s no poolside twin brothers, one an accountant and the other an lounging for him. He prefers scuba diving. engineer, and is married to Cecilia Parlatore Siritto, “When you get the bal- who also received a PhD in econom- ance between your belt “His approach is to ics from NYU. She was an assistant weight and your buoyancy employ his knowledge professor of finance at the Wharton control device just right, of the law and of School of the University of Pennsyl- you don’t tend to sink or empirical methodology. vania and has recently joined the to rise,” he says. “That’s an Very few other scholars faculty of NYU Stern. amazing feeling; you feel share this combination.” As the couple prepared for their like you are flying.” marcel kahan return to New York, Catan reflected He has soared through aca- on their good fortune: “I couldn’t demia as well. Catan, 34, earned a PhD in eco- ask for a better fit than NYU,” he says. “I’m honored nomics and a law degree from NYU, where he to be a member of this faculty and feel especially specialized in corporate law, mergers and acqui- lucky that others are interested in analyzing legal sitions, and corporate governance. institutions from an economic perspective.” Catan is known for innovative scholar- Besides anticipating his new job, Catan is also ship backed by solid empirical research. In “The looking forward to reuniting with another passion: Irrelevance of Active Poison Pills,” which he pre- the restaurants of New York. “I’m looking forward sented at the 2014 American Law and Economics to a nice bowl of khao soi from Pok Pok in Brooklyn. Association annual meeting, he examined how You wouldn’t know it to look at me, but I love food,” the adoption of a poison pill—a defense tactic he says with a laugh. Christine Pakkala After teaching at the London School of Economics, of Economics, School London the at teaching After You’d think that after safely steering the British British the steering safely after You’d that think career. “The world of policy, where you’re trying world you’re of policy, where trying “The career. and his wife, King studied at King’s College, Cam College, King’s at studied King wife, his and call to people he urges But King. Lord as addressed Professor of Economics and Law and Economics of Professor vard and MIT (where he had an adjoining office with with office adjoining (where an he had MIT and vard formally he is so of Lothbury, King Baron is vice, ser public distinguished of his recognition in 2013 where he co-founded the Financial Markets Group Markets Financial the he co-founded where everything,” he says. “They’re very important, but important, very “They’re he says. everything,” explain models mathematical that thinking to dote anti a big was history in “My interest eurozone. today’s work in could that whether about recently more induce to tends consequently, and, messier his in early relatively policymaking into and demia out of aca moved King that is hypothesizes, nanke appointed He was of England. Bank of the economist legal the understand to it’s crucial system, monetary since crisis financial biggest the through economy guys in the room, King “was never an academic academic an never “was King room, the in guys later. years 12 governor (A note about how to greet him: His title, given in in given title, His him: how greet to about (A note prima donna,” Bernanke says. One reason, Ber reason, One says. Bernanke donna,” prima chief as practice into philosophies put economic framework in which banking has grown up. Ihave a grown has banking which in framework moving is of England Bank of the governor former easy—tending things taking retirement of year first states’ debts and talk in European financial circles circles financial European in talk and debts states’ Bernanke). Ben Chairman Reserve Federal future still have relevance, such as Alexander Hamilton’s Hamilton’s Alexander as such have relevance, still understand many of the issues which affect the affect which issues of the many understand To operate. institutions how different understand He also served as visiting professor at both Har both at professor visiting as served He also to New York to teach economics and law. and York New to economics teach to that events that occurred more than 200 years ago ago years 200 than more occurred that events that He notes buff. a history he is that fact the to crisis the happening of what’s complexities the with deal to universities. Birmingham and Cambridge at taught his spend would King Mervyn Depression, Great the they’re just tools of the trade.” trade.” of the tools just they’re s in 1987, King was offered the opportunity in to 1991 opportunity the offered 1987,in was King it brings together people of different disciplines to disciplines of different people together it brings idea of a central bank that would assume individual individual assume would that bank of acentral idea in the economy and the markets,” he explains, “is “is he explains, markets,” the and economy the in his garden, luxuriating in his library, cheering on cheering library, his in luxuriating garden, his humility in its practitioners.” practitioners.” its in humility issues.” those some of on reflect to of experience lot because law school aunique is “NYU Mervyn.) him the Instead, teams. soccer and cricket favorite his bridge, and Harvard (as a Kennedy Scholar), then Scholar), then (as a Kennedy Harvard and bridge, i r “It’s the intellectual excitement,” King explains. explains. excitement,” King intellectual “It’s the While he easily qualified as one of the smartest smartest the as one of qualified he easily While King attributes his clarity amid the confusion of of confusion the amid clarity his attributes King worker arailway to 1948 in Born hedoes. Indeed

merv y n

k i ng ------“I’ve read a few of his speeches; speeches; afew of his read “I’ve 12-session seminar, Money and Modern Capitalism: Capitalism: Modern and Money seminar, 12-session Discs Will he be tempted to compete on Danc compete to tempted he be Will clear intellectual framework that allowed allowed that framework intellectual clear come up with answers.” Those without a without Those answers.” up come with approaching each question as a as question each approaching econom is framework that and and his beloved Aston Villa soccer soccer Villa Aston beloved his and Catherine Fredman Fredman Catherine very helpful to have an intel have to an helpful very his in policymakers would-be teaching to ward on an island was a song cheering cheering asong was island on an one-off issue rather than seeing seeing than rather issue one-off econom in trained whowere “people out, “it’s that he notes mindset, amyopic to lead can models on mathematical overreliance onstrating his much-lauded analytic skills and and skills analytic much-lauded his onstrating Barbara wife, his hobby:With new “All explains. King or sport,” music 1982 the in victory to Villa on Aston art, music, cricket, to references of England, King has picked up picked a has King of England, ground or education, people can be be can people or education, ground ing with the Stars with the ing sons in fox trot and swing dancing. dancing. swing and fox in trot sons Island Desert BBC’s popular for the ular teacher, because he’s able teacher, because ular European Cup.) “Regardless of back Cup.) “Regardless European Law and Business. Yet even though he is aware that that aware heis Yet though even Business. and Law the bigger picture. bigger the and issues the through think to them questions, policy about think Melander, King has been taking les taking been has King Melander, important.” is that and together, people bring can three of or apiece apainting by touched interviewed he was (When team. my speeches.” like technical, and dry not They’re banker. tral for acen unusual quite they’re says. way,” Bernanke taining ideas complicated explain to ics and were doing economic policy had a had policy economic doing were and ics ics.” During the financial crisis, he points points he crisis, financial the ics.” During interests, King frequently sprin frequently King interests, enter and accessible an in lectual framework in which to which in framework lectual he chose to listen to if marooned marooned if to listen to he chose with lectures and speeches his kles background in economics risked risked economics in background judgment, he adds, “That would be far too risky.” too far be would “That he adds, judgment, “I suspect he’ll be a very pop avery be he’ll “I suspect That’s only one of the lessons King looks for looks King lessons one of the only That’s Known for his wide range of of range wide for his Known Since retiring from the Bank Bank the from retiring Since program, one piece of music music of piece one program, ? “No, no,” he demurs. Then, dem ? “No, Then, no,” he demurs. ------“I suspect he’ll be a very popular popular avery he’llbe “I suspect ben bernanke ben explain complicated ideas inan ideas complicated explain he’s to able teacher, because accessible and entertaining way.” entertaining and accessible ------55 The PEOPLE Christopher Sprigman North Shore, by his parents Fred and Marilyn, both Professor of Law schoolteachers, with a large extended family. He spent his days by the water Huckleberry Finn style, One afternoon last October when Christopher “fishing, clamming, eating my lunch on the beach, and Sprigman heard that the provocative British graf- watching birds,” he recalls. “I was self-directed and fiti artist Banksy was staging a street performance interested in a lot of things, master of my own time.” in nearby Union Square, he rushed out to join the This willingness to dive into diverse interests crowds and snapped photos of a giant fiberglass is reflected in Sprigman’s winding path to aca- Ronald McDonald having his oversize clown shoes demia. After earning his bachelor’s degree from shined by a street urchin. the University of Pennsylvania in history, magna For some, the moment was mere entertainment. cum laude, he worked at a publishing company, For Sprigman, 48, the performance was “a brilliant played guitar in various bands, traveled through piece of trademark appropriation art—great mate- East Asia, and toyed with the idea of pursu- rial for my teaching and inspiration for research.” ing journalism before entering the University of Moving from the University of Chicago Law School. Virginia School of Law to join NYU “He’s always got his He earned his JD with honors, Law has invigorated Sprigman, an antennas up…He then clerked for Judge Stephen Rein- intellectual property law scholar sniffs out an issue that hardt of the US Court of Appeals for with a focus on the intersection of people care about the Ninth Circuit, worked as an asso- IP and culture. and connects it to ciate at Davis Polk & Wardwell, and Writing for the popular Freako- something deeper that clerked for Justice Lourens Acker- nomics blog, Sprigman has weighed he is thinking about.” mann of the Constitutional Court in on Banksy as well as Cronuts, jeanne fromer of South Africa in Johannesburg Trader Joe’s, and multiplex cinemas. while teaching at the University of He published a series of op-eds in the New York the Witwatersrand School of Law. Returning to the Times and elsewhere on the NSA controversy US in 1999, he worked as an appellate counsel in and has written for other influential media the Department of Justice’s Antitrust Division dur- outlets. “He’s always got his antennas up,” ing the time that US v. Microsoft Corp. was going to says colleague Jeanne Fromer. “He sniffs trial. “It was absolutely fascinating,” he says. “We out an issue that people care about and were deeply immersed in the facts that made law.” connects it to something deeper that he Sprigman returned to law practice, making part- is thinking about.” ner at King & Spalding at age 35. But not yet ready Sprigman has carved out a niche in to settle down careerwise, he landed a fellowship the area of “IP without IP,” or industries in 2003 at Stanford Law School’s Center for Inter- that survive in the absence of strong IP pro- net and Society. Sprigman set a goal of writing an tection. “There’s lots of conversation about ‘IP article within four months that he could take on the without IP,’” says Professor Mark McKenna of job market, if his mentor and the center’s founder Notre Dame Law School. “Chris is one of the Lawrence Lessig deemed it satisfactory. The result first and most prominent voices in that mode was a paper that reintroduced the idea of formalities of scholarship.” in copyright law. Its boldness won Lessig’s approval. Conventional wisdom holds that copying “The conventional wisdom in the world of IP schol- kills creativity and that laws protecting against ars at the time was that this was a crazy, radical imitation are essential to innovation and idea. It was a brave thing to do,” says Lessig, now at economic success. Sprigman, along with his co- Harvard Law School, adding that Sprigman’s cur- author and childhood friend Kal Raustiala, have rent work in “IP without IP” demonstrates the same challenged that notion in their book The Knockoff ahead-of-the-curve “edginess.” Economy: How Imitation Sparks Innovation. Draw- Since moving from Charlottesville, where he ing on fashion, food, finance, comedy, and even earned a reputation for caring equally about teach- football, which enjoy fewer IP rights than indus- ing, scholarship, and colleagues, Sprigman has been tries like music, movies, and pharmaceuticals, enjoying living once again near his extended fam- they show that innovation can thrive in a world of ily and parents, who are still in the house where he less, and less effective, IP protections. [Please see grew up. When not working, he cooks gourmet meals “Creative License,” on page 30, for more on Sprig- for friends; spends time with his children Iain, 14, man’s scholarship.] and Arin, 12; and cycles. “Down in Virginia, I used Sprigman’s ideas and arguments are often bold to get a lot of thinking done on the bike. That’s more and self-assured, traits that were apparent early in challenging in New York,” he says. “Maybe it’s time life. He was raised in Smithtown, on Long Island’s to start running again.” J.F. 59 62 66 64

Ryan Bubb and Richard Pildes take on behavioral economics behavioral on take Pildes Richard and Bubb Ryan Michael Waldman ’87 triggers gun control debate control gun triggers Waldman ’87 Michael

Bryan Stevenson gets personal gets Stevenson aboutBryan the death penalty

Amanda Levendowski ’14 combats revenge porn revenge ’14 combats Levendowski Amanda Arguments &Opinions 58

69 Richard Epstein’s journey from libertarian to classical liberal classical to libertarian from journey Epstein’s Richard

Samuel Scheffler on the “afterlife” and human egoism human and “afterlife” the on Scheffler Samuel

63 65

Trevor Morrison sees checks on presidential powers presidential on checks sees Morrison Trevor

Barton Beebe considers fair use in the fine arts fine the in use fair considers Beebe Barton 67

James Jacobs chronicles Mob prosecutions

Rachel Barkow rethinks criminal justice criminal rethinks Barkow Rachel

57 ARGUMENTS & OPINIONS 58 WWW.LAW.NYU.EDU a related As Epstein was preparing

endeavor (1) the social andlegal(1) thesocial (classicalliberalinstitute. (CLI) at NYUSchoolof Classical LiberalClassical Institute Liberal Constitution, he and maintenance of the als and(2)theformation and Mario Rizzo,- anasso system of limited govern- interactions ordinary of human does atheory How theory: political cal central question of classi- org) istoexamine “the ciate professor of econom- ment neededtoprotect norms that shouldgovern nature inform usabout Law. CLI’s mission,as The Classical to publishTheClassical individual rights?” it notes onitswebsite at NYU,ics launched the between private individu-

T “from somebody who was libertarian through and and through libertarian was who somebody “from “The and Lives,” Threatens Overreach “Government Summarizing his life’s famous the his work, Summarizing Defining Richard Epstein Ideas (or “social democratic”) view of individual rights and and rights of individual view democratic”) (or “social versity of Chicago Law School, agrees: “Richard’s “Richard’s agrees: School, Law of Chicago versity Bonnie and Richard Reiss Professor of Constitu Professor Reiss Richard and Bonnie of drafting the guided book, the in explains Epstein

Many Problems with ‘Equal Pay.’” ‘Equal with Problems Many first got to know Epstein in the early 1990s when early 1990s the in know Epstein to got first he had a quarter-century ago.” aquarter-century he had he has undergone. “I emerged,” he said, he said, “Iemerged,” undergone. he has discussed Epstein summation,” lifetime “a hecalls that book published newly his he was a student and Epstein a professor at the Uni the at a professor Epstein and a student he was Issacharoff, ago,”Samuel says years 25 have written far more supple compared with the understanding understanding the with compared supple more far of those with variance sharp at are that issues many on conclusions to me leads positions liberal classical “progressive” the to acceded has Democrats, just not remarks recent in But conservatism. ian libertar of exponents intellectual ing nation’s lead one of the as renowned Wreck,” Train Obamacare fellow: “The asenior is jurisprudence through the first third of the 20th cen 20th the of third first the through jurisprudence both modern liberals and conservatives,” he writes. conservatives,” and liberals modern both understanding now of how history and path depen path and now of how history understanding would Richard that book the not is now. “This until a process of ideological “retooling” that that “retooling” of ideological a process about been for decades has Epstein affairs, the role of government. “My full-throated defense of of defense “My full-throated of role government. the the to deference Court’s the by dismantled It was tury. Court Supreme US in held sway and Constitution the and discourse serious required which position that with associated weaknesses systematic were there that think to who managed somebody to through personal and business in intervention government tional Law. Professor Christopher Sprigman, who Sprigman, Christopher Law. Professor tional economic and social regulation of the New Deal, and and Deal, New of the regulation social and economic liberalism, classical thinkers, Enlightenment other dency complicate principled constitutionalism is is constitutionalism principled complicate dency noticed gone less had libertarianism doctrinaire since then a broad swath of the political spectrum, spectrum, political of the swath abroad then since liberal.’ ‘classical to ” ‘libertarian’ title the switching surprise no one. But his evolution away from more more away evolution from his But no one. surprise A champion of private property and foe of much of much foe and property of private A champion Rooted in the ideas of Locke, Hume, Madison, and and Madison, Hume, of Locke, ideas the in Rooted Epstein’s differences with modern liberals will will liberals modern with differences Epstein’s journal of the Hoover Institution, where he where HooverInstitution, of the journal The Classical Liberal Constitution Liberal Classical The Richard Epstein on the political spectrum, just just spectrum, political on the Epstein Richard has written over the past year for the for the year past over the written has consider the titles of some of the columns he columns of the of some titles the consider o place Laurence A. Tisch Professor of Law of Law Professor Tisch A. Laurence o place - - , Defining Defining libertarian libertarian - - - -

It reflects a willingness to adjust his positions positions his adjust to a willingness It reflects well to get in line with social practices.” social with line in get to well well as to on-the-ground facts as law plays out in out in law plays as facts on-the-ground to as well ing Ideas his understanding of how of how understanding his liberal is not merely an exercise in rebranding. rebranding. in exercise an merely not is liberal in which his views have moderated include: have moderated views his which in realized power of Rich power realized way his the rethought credit Epstein’s pragmatism on this issue in part part in issue on this pragmatism Epstein’s credit include it.”include about mind his changed do would norms legal the where acase is marriage “Gay wrote, and issue on the sentiment” popular in In justices. for the of action course for Defin acolumn in he wrote can,” they institution in response to arguments made by others, as as others, by made arguments to response in bumper sticker on his car anytime soon, but areas butareas soon, anytime car on his sticker bumper proponent, Epstein says he has mellowed and now and mellowed he has says Epstein proponent, principle doesn’t just yield yield just doesn’t principle work actually principles ard’s grows thinking from change sea “huge the by swayed being acknowledged proper on the torn was and dilemma,” a “libertarian’s programs. their about a serious threat that no one can ignore.” no one can that threat a serious is of commerce cartelization “the that appreciates thought, but he has thought, - Uni the at dean interim as experience Epstein’s to to pragmatism but can can but pragmatism to not dynamic, is that world—a mindset real the Sprigman. “The fully fully “The Sprigman. policy,”of law and says formulation the out in of his tenets essential make schools that decisions good-faith the to ence doctrinaire. “I wouldn’t “I wouldn’t doctrinaire. say that Richard has Richard that say Issacharoff and Sprigman Sprigman and action:Affirmative Issacharoff Antitrust: No one expects Epstein to slap a “Hillary 2016” a“Hillary slap to Epstein No one expects Epstein’s path from libertarian to classical classical to libertarian from path Epstein’s Epstein calls gay marriage marriage gay calls Epstein marriage: Same-sex examines how he has mellowed. has he how examines , adding that the Court should give defer give should Court the that , adding n Michael Orey Michael As the Supreme Court has considered considered has Court Supreme the As versity of Chicago Law School in 2001. 2001. in School Law of Chicago versity few years, Epstein has called on the on the called has Epstein few years, pro racial-preference involving cases justices to be hands-off. “Universities “Universities hands-off. be to justices and colleges struggle to make consid make to struggle colleges and academic merit…to produce the best best the produce merit…to academic grams at universities during the past past the during universities at grams ered trade-offs between diversity and and diversity between trade-offs ered Formerly a hardcore free-market free-market ahardcore Formerly - Defining Ideas , he he , - - - -

ILLUSTRATION: © DAN BEJAR C/O THEISPOT.COM I the Nudge the Judging Affairs (OIRA): the incorporation of the “nudge of incorporation the (OIRA): Affairs 2008, just as the financial crisis was unfolding, he unfolding, was crisis financial the as just 2008, for analyst apolicy as worked Bubb 2010, Ryan year course Legislation and the Regulatory State. In In State. Regulatory the and Legislation course year as legacy Sunstein’s become would of what view In 1995, he and Sunstein co-authored “Reinventing “Reinventing co-authored Sunstein 1995, he and In

wrote a piece criticizing the nudge approach to regu to approach nudge the criticizing apiece wrote Cass Sunstein, then the “regulatory czar” for Pres czar” “regulatory the then Sunstein, Cass his former boss Peter Orszag, director of the Office Office of the director Orszag, Peter boss former his lation of mortgages and consumer credit products. credit consumer and of mortgages lation Regulatory and Information of Office of the head ful, fortuitous moments of unexpected connection connection of unexpected moments fortuitous ful, ident Obama. The position gave him an insider’s insider’s an gave him position The ident Obama. chiefs. regulatory and budget former nomics Trims Its Sails and Why,” drew immense Why,” immense and drew Sails Its Trims nomics of ways.” sorts similar in skeptical he was that idea no Ihad and views, of these some had Ihad that idea gas. less using to retirement for saving from do everything to people mandating political differences, rather than social science, was was science, social than rather differences, political but also has a deep background in regulatory law. regulatory in background adeep has also but umn for umn approach to retirement saving. With this kind of kind this With saving. retirement to approach general.” in of nudges critique “not apersuasive as who, with Sunstein, from aresponse received also was draft the publication, before Even attention. first- Law’s required developNYU helped Pildes and pre to attempts that policy federal into approach” that came out of nowhere,” Pildes recalls. “He had no no “He had recalls. out of nowhere,” Pildes came that topic, on the article a seminal State,” Regulatory the of nudging’s success: the automatic enrollment enrollment automatic the success: of nudging’s child poster the as cited often is what attack des col- a wrote administration, Obama first the during apart) is (of OIRA Budget which and of Management It times. 800 than more SSRN from downloaded wonder one of these “It was popularity. its driving bridging that he suspected said Pildes economics; behavioral in rooted is which approach, nudge of the afan he wasn’t that said Harvard, from economics security, national and rights voting as things on such serve freedom of choice by encouraging but not but encouraging by of choice freedom serve stitutional Law, has focused his recent scholarship scholarship recent his focused Law, has stitutional West Third Street and ended with a co-authored aco-authored with ended and Street West Third prompted a response from President Obama’s Obama’s President from aresponse prompted article in the the in article t started with lunch at a Japanese restaurant on on restaurant a Japanese at lunch with started t Their resulting paper, “How Behavioral Eco “How paper, Behavioral resulting Their Readers can judge for themselves. Bubb and Pil and Bubb for themselves. judge can Readers In the year before he joined NYU Law in Fall Fall in Law NYU he joined before year the In Richard Pildes, Sudler Family Professor of Con Professor Family Sudler Pildes, Richard Over sushi in late 2012, Bubb, who has a PhD in in aPhD whohas Bubb, 2012, late in sushi Over Bloomberg View Bloomberg Harvard Law Review Review Law Harvard that describes the criticism criticism the describes that that has ------

“an illusion of choice that few people exercise rather rather exercise few people that of choice illusion “an While increasing retirement savings participation, participation, savings retirement increasing While view. While more research is needed, the authors authors the needed, is research more view. While The savings default savings The Pildes says in an inter an in says Pildes poten excludes” “artificially approach the Further, Bubb says in an interview, the policy “has actually actually “has policy the interview, an in says Bubb write, “it might be that automatic enrollment has so so has enrollment automatic that be “it might write, hope is that many people after reading our piece will will piece our reading after people many that is hope rate should have been have been should rate far exacerbated, rather than eased, the retirement retirement the eased, than rather exacerbated, far coercive,” too look might that afraid “are makers write. Pildes and Bubb default, the with stick instead policies that are arguably better able to correct the the correct to able better arguably are that policies pany’s savings plan, such as a 401(k), but can opt opt a401(k), can but as such plan, savings pany’s com their into default automatically policy, workers problems in many of these areas.” areas.” of these many in problems political consensus. best policy could be to mandate certain actions. certain mandate to be could policy best amount overall the because failure” astunning been across a broad political spectrum, Bubb says, “My says, Bubb spectrum, political abroad across times make, the professors say in many cases the the cases many in say professors the make, times achieve to mandates regulatory effective more tially choice,” Bubb. says meaningful consumers give than opt-in plan a traditional much under more tributed of salary, and many workers who would have con would who workers many and of salary, percent three insufficient an at contribution default enrolled. be to in opt to had workers Previously, out. savings problem.” savings set higher, but policy higher, set start thinking much harder about choice-limiting choice-limiting about much harder thinking start declined. has for retirement saved The reason: Most companies set the automatic automatic the set companies Most reason: The Noting that the nudge approach has taken hold taken has approach nudge the that Noting Nudge tools like default settings only preserve preserve only settings default like tools Nudge Given the poor financial choices people some people choices financial poor Given the - - Nudge tools like default settings only settings default like Nudge tools consumers meaningful choice.” meaningful consumers preserve “an illusion of choice that choice of “an illusion preserve ryan bubb ryan few people exercise rather than give than rather exercise people few n

Larry Reibstein Larry - - - - 59 ARGUMENTS & OPINIONS Correcting Corrections

ith her expertise in both administrative and criminal law, Rachel Barkow has a unique perspective on the criminal justice system. She has W used an administrative law lens to analyze sentencing commissions (she currently sits on the US Sentencing Commission), prosecutor’s offices, and, most recently, clemency. In her inaugural Segal Family Professorship of Regulatory Law and Policy lecture last November, Barkow examined the utility of her framework, arguing that while the criminal justice system is a regulatory one, it does not incorporate the same checks on its power as other regulatory systems—to criminal justice’s detriment. “The idea would be to start using data to make decisions, as opposed to just people’s gut instinct,” says Barkow in an interview. to avoid conflicts of interest and cognitive biases, “That could apply across a range of criminal jus- while also considering everyone affected. For exam- tice decision-making points, from prosecution to ple, crime victims are critical stakeholders, Barkow sentencing to policing to clemency.” says, but asserts that “the way we usually address Barkow pointed to an absolutism in the regula- their needs is to pass some symbolic legislation that tion of criminal behavior that sets it apart from other actually doesn’t help them at all.” Enhancing safety regulatory realms. “It’s essentially zero tolerance for to create as few victims as possible is the best first any risk,” she said in her lecture. “One story, and pol- step, she says, along with bolstering resources to iticians are willing to take an entire program down help victims restore their own lives. For instance, without considering whether the program, on net, when New Mexico abolished its death penalty, it brings more benefits than it has costs and whether it redirected the savings to a victim restitution fund. Mikhail Segal is the reduces risks overall…. We don’t approach any other Different kinds of criminal justice reforms could chairman and founder area of government regulation this way,” she said, call for different solutions, she adds. In the case of of LS Power Group, a drawing contrasts with, for instance, vaccines, envi- clemency, an advisory agency in the Office of the privately held power ronmental policy, and financial regulation. White House Counsel or somewhere in the Office generation and transmis- Willie Horton, a convicted murderer in Massa- of the President, rather than in the Department of sion firm involved in the chusetts who escaped while on weekend furlough to Justice, would help avoid the conflict-of-interest development of fossil- rape a Maryland woman and beat her spouse, is an issues inherent in having the DOJ both prosecute fired and renewable power example of how one awful story can derail a govern- individuals and later weigh in on their pardons, plants, as well as major transmission projects in ment program without closer analysis of whether the as is now the case. the United States. risks of the program are outweighed by the benefits Barkow notes growing bipartisan support for it brings. George H. W. Bush successfully invoked less draconian, more data-based criminal justice Horton during the 1988 presidential campaign to approaches, including the Fair Sentencing Act attack Massachusetts Governor Michael Dukakis in 2010, which reduced the disparity in sentenc- as being soft on crime. Since then, programs have ing for possession of crack versus powder cocaine, not been rationally assessed in terms of costs and and a greater emphasis on cost-benefit analy- benefits but are discarded if they pose any risk to sis like that performed by the Washington State politicians for Horton-like stories. Institute for Public Policy. The focus on harsher criminal punishments in “At the end of the day,” says Barkow, “government recent decades originated in concern over rising is supposed to keep people safe and solve problems. violent crime rates in the 1960s and 1970s. Barkow Some of these things backfire and don’t promote argues, however, that even as those numbers sta- public safety, and they’re expensive to boot.” She bilized, the crackdown expanded to a wider range says she is not coddling criminals, but instead ask- of crimes and criminals: “The question is, do long ing a more practical question: How do you promote sentences make sense for nonviolent offenders?” public safety in the most efficient, data-supported With an administrative law scholar’s attention way? “That is a political debate that can be had with- to the structure and creation of an agency, Barkow out costing people elections,” Barkow says. “In fact,

n WWW.LAW.NYU.EDU thinks about how to design a criminal justice agency it can win people elections.” Atticus Gannaway

60 W Kenji Yoshino uncovers the cost of conformity at the office. office. the at Kenji Yoshino conformity of cost the uncovers IDs Workplace Yoshino said at the 14th annual Korematsu Lec Korematsu annual 14th the at Yoshino said Hidden Assault on Our Civil Rights Civil Our on Assault Hidden Identity Spoiled of Management the on Notes vents members of minority groups—as well as some some as well groups—as of minority members vents Talent: A New Model for Inclusion.” Yoshino and for and Inclusion.” Yoshino Model ANew Talent: Law, is examining why. Law, examining is

Goffman used Franklin D. Roosevelt as an an as D. Roosevelt Franklin used Goffman of Constitutional Professor Warren Earl Justice Chief University in Westlake, Texas—released a white awhite Texas—released Westlake, in University having himself seated behind a desk prior prior adesk behind seated himself having ing principal Christie Smith, entitled “Uncovering “Uncovering entitled Smith, Christie principal ing gay. KenjiYoshino, openly None women. are are cent respondents whether they covered along four four along covered they whether respondents students. incoming for all on individ focused often have too courts 1963 book his in phenomenon this ing downplay to asked are they which in covering, call people if they made jokes or comments or comments jokes made they if people the in praised initiative. this through produced manag their and Yoshino by co-authored paper uals’ capacity to assimilate, rather than than rather assimilate, to capacity uals’ am of Chinese descent, I would never correct correct never Iwould descent, of Chinese am amemory shared respondent One association. and advocacy, affiliation, appearance, axes: read afirst-year as book award-winning about Asian stereotypes.” stereotypes.” Asian about the United States, Yoshino concludes that that concludes Yoshino States, United the in litigation of civil-rights history the book 2006 His topic. this advisers. with meeting to data the he presented which at April, last ture mainstream,” the into fit to order in identity their of affiliation-based covering: “Even though I though “Even covering: of affiliation-based this have assigned do so.” Five colleges they that demand of the legitimacy on the “cover” by would president the disability, his away from attention To take example: “cover”pre to pressure the that hypothesized Smith of ship Center for Inclusion—an initiative of Deloitte of Deloitte initiative for Inclusion—an Center ship selves to work, and that this affects job satisfaction. job affects this that and work, to selves authentic their bringing men—from white straight Fortune 500 Fortune “Underrepresented groups pay a tax, which we which atax, pay groups “Underrepresented Yoshino and Deloitte’s survey asked asked survey Deloitte’s and Yoshino nam with Goffman Erving credits Yoshino Yoshino has long had an interest in in interest an had long has Yoshino Last September, the Deloitte University Leader University Deloitte the September, Last in the workplace would seem a thing athing seem would workplace the in officer inclusion and adiversity ith posted at most major companies, bias bias companies, major most at posted of the past. And yet, only one percent one percent only yet, And past. of the CEOs are black. Less than five per five than Less black. are CEOs New Yorker New Covering: The The Covering: : “Exploring “Exploring : was was Stigma: Stigma: - - . - - - - - veyed—61 percent—felt pressure to cover some facet facet some cover to percent—felt pressure veyed—61 The white paper corroborated what Yoshino had had Yoshino what corroborated paper white The wrote in the white paper. “These individuals felt they felt they individuals “These paper. white the in wrote whopping 50 percent of them said it undermined their their it undermined said of them percent 50 whopping a leadership, by cover to felt pressured they who said had to work their identities alongside their jobs.” jobs.” their alongside identities work to their had was question “The issues. health mental and age like leadership emphasized covering. Of the 53 percent percent 53 the Of covering. emphasized leadership company culture, the real damage happened when when happened damage real the culture, company not whether they were included, but on what terms terms but on what included, were they whether not pressured to cover by both company leadership and and leadership company both by cover to pressured the in March in published the top. While half of survey respondents said they felt felt they said respondents of survey half top. While the Smith and Yoshino rested,” inclusion felt their they dents from seven industries; a shorter version was was version a shorter industries; seven from dents of their identities at work. Even 45 percent of the of the percent 45 Even work. at identities of their sur of employees Amajority book: his in discussed dedication to the organization. “Individuals leave “Individuals organization. the to dedication straight white men admitted to covering aspects aspects covering to admitted men white straight Yoshino and Smith say change must come from from come must change say Smith and Yoshino The white paper’s results included 3,129 respon 3,129 included results paper’s white The managers, not organizations,” Yoshino observed. Yoshino organizations,” not managers, what they communicate to employees about about employees to communicate they what the Uncovering Talent model, a series of steps of steps aseries model, Talent Uncovering the that organizations can follow to reevaluate followreevaluate to can organizations that As a result, the co-authors have proposed have proposed co-authors the aresult, As covering. For example, an organization organization an For example, covering. real selves to work, the results are are results the work, to selves real promising. The white paper reported reported paper white The promising. don’t, we won’t.” we don’t, “uncovered”—with positive results. results. positive “uncovered”—with that 21 percent of respondents had had of respondents percent 21 that “Once I decided to bring my whole bring to Idecided “Once

can legitimately ask employees to to employees ask legitimately can Gina Rodriguez productive and successful.” successful.” and productive self to work,” one said, “it was lib “it was work,” to self one said, erating and I became a lot more alot Ibecame and erating engage in appearance-based cover appearance-based in engage When employees can bring their their bring can employees When ing like requiring business attire, but may also decide that employ that decide also but may Smith emphasized, is for man is emphasized, Smith ees should not have to cover their their have cover to not should ees agement to change their own own their change to agement family responsibilities, such as needing to leave the office to office leave to the needing attend a parent-teacher meeting. aparent-teacher attend ers have to uncover first. If they they If first. haveuncover to ers behavior at work. As one sur As work. at behavior vey respondent put it, “Lead it, put respondent vey The next step, Yoshino and and Yoshino step, next The Harvard Business Review Business Harvard n

------.

A Sampling A good reads: The Contested Contours Contours The Contested Access in Medicines to Books Arlen, Richard Epstein, 2014 (withchapters by Continued onpage62 Intellectual Property and and Property Intellectual of Faculty (Editor) Europe’s Justice Deficit? , Oxford Oxford Latin, America over Health: TheBattle Balancing Wealth and at theEdge:Property Research on Handbook Du BoisandtheEmergence W.Lines of Descent: B. E. of IP,Cambridge of Identity, Harvard Gráinne deBúrca (Editor) University Press, 2014 University Press, 2014 University Press, 2014 Sharkey) Jennifer Arlen(Editor) Miller, andCatherine Mark Geistfeld, Lewis Hart Publishing,Hart 2014 Kornhauser, Geoffrey Edward Elgar Publishing, NYU Law faculty members the Economics of Torts, Rochelle Dreyfuss Rochelle Dreyfuss Kwame Anthony Appiah Intellectual Intellectual

61 ARGUMENTS & OPINIONS 62 WWW.LAW.NYU.EDU good reads Taxation, Oxford Univer The Microsoft Antitrust The Microsoft Antitrust The Eternal Criminal An Introduction to the An Introduction the to Continued , MITPress,Century 2014 Competition Cases: Euro, Sellier - Commentary What Makes Law: Cambridge University Cambridge University Equality onTrial, Crown Fixing US International Philosophy of LawPhilosophy , Policy for the Twenty-First Rome IRegulation: Pocket Record Leo Strauss: Man of Peace, University Press, 2015 James Jacobs Speak Now:Speak Marriage scholarship law.nyu.edu/faculty/see of faculty publications, sity Press, 2014 pean Law Publishers, 2014 For a full bibliography Publishing Group, 2015 Press, 2014 Press, 2014 Liam Murphy Kenji Yoshino Daniel Shaviro FirstHarry Franco Ferrari (Editor) Robert Howse , Harvard , Harvard

Across Borders, Whose Law Applies? York or Canadian law apply? “It’s such law apply? York or Canadian at the intersection Canada. This marks the third Trudeau Scholarship Scholarship Trudeau third the marks This Canada. law and legal and political philosophy is the ques the is philosophy political and legal law and law domestically. If two Canadian cit Canadian two If law domestically. cal point of view,” says Joanna Langille ’11. “It also ’11. “It also Langille of view,” point Joanna says cal - atheoreti from under-studied really it’s yet and time, the all examples ing is one of 14 recipients of a 2014 Trudeau Foundation Foundation Trudeau of a 2014 recipients one of 14 is the political that accounts of prior aproblem raises resi as a New York before came court then Canada, in married were izens a fundamental part of our legal sys legal of our part a fundamental torate at the University of Toronto’s Faculty of Law, of Toronto’s Faculty University the at torate bor really these in happens that tem aforeign apply legitimately can of how courts tion Scholarship, the most prestigious award of its kind in in kind of its award prestigious most the Scholarship, authority.” for legal give to tried has ory New would dispute, amarital in dents —Adapted from ABiography TheSecondAmendment: , by Michael Waldman ’87, Langille, who is pursuing this inquiry in her doc her in inquiry this pursuing who is Langille, the right of the people to keep and bear arms, shall not be infringed. A well regulated militia, being necessary to the Sentence: One is Amendment Second The Court upendedtwoCourt centuries of of District precedent. Inthecase of a substantial part of the public, and after that the courts. Theroad andafter of that thepublic, thecourts. to part a substantial a rock-ribbed conservative appointed by Richard Nixon—articulated theCourt’s consensuswhenhecalled Second Amendmentfundamentalism. Itlimitswhat we do, can thoughwe yet don’t knowhowmuch. extent at eachstage, ourview of thisamendmentisset, notby apristineconstitutional text, butby over core values.By exploring ofwe theSecondmost strikingly, thehistory Amendment, see towhat Will new new deflect laws? doctrine have a Will ourground?we all carry weapon andstand therightto most effective, ifmisleading,campaigns for constitutional change. the push-and-pull, the rough-and-tumblethe push-and-pull, ofadvocacy andpublicagitation. political the ideaof individualgun rights intheConstitution apreposterous “fraud.” Then, in2008, theUS Supreme with permission of Simon &Schuster, Rights Reserved. All Inc. we debate gun control we inthecontext doso of rulingthat hasgiven aSupreme Court new to strength Today, spasmsof violence like the massacreCT, inNewtown, for spurcalls new laws. Butnow, when Increasingly thedebate over guns resembles lessacontest over crimepolicy, andmore aculture war For 218 years, judges overwhelmingly concluded that theamendmentauthorized states to form theNational militias,what Guard. we Aslate nowcall Justice as1992,Chief Warren Burger— of private international international private of own agun for self-defense inthehome. That’s right:theSupreme Court campaign toenshrinegun rightsintheConstitution.campaign Itslegal insisted allies Rifle Association. ThegroupRifle Association. box brags of itsballot in victories. Starting that for two centuries judges simplygot itwrong. They managed topersuade the 1970s, theNRAquietly—but emphatically—backed ajurisprudential found there tobeanindividualrightgun ownershipjustafew years ago. by Justice declared AntoninScalia that theConstitution confers arightto How didthishappen?Onethread, of course, of istherise National ------vious recipients include Lisa Kerr LLM ’09, LLM ’13 JSD Kerr Lisa include recipients vious Fellows program. “I’m thrilled to welcome her back back her welcome to “I’m thrilled program. Fellows Furman of the director faculty and of Law Professor Fellow. astute “Jo Academic incredibly an is Furman Commonwealth Scholar at the University of Oxford. of Oxford. University the at Scholar Commonwealth interests,” says Barry Friedman, Jacob D. Fuchsberg D. Fuchsberg Jacob Friedman, Barry says interests,” and Emily Kidd White LLM ’09, LLM ’15. JSD White Kidd Emily and and hardworking person with broad intellectual intellectual broad with person hardworking and to NYU next year as a Furman Fellow.” aFurman as year next NYU to given to an NYU Law graduate in as many years; pre years; many as in graduate Law NYU an to given Langille will return to NYU Law in Fall 2014 as a a as 2014 Fall in Law NYU to return will Langille security Columbia v. Heller,anopinionwritten Heller was paved by oneof history’s Law, Langille studied philosophy and and philosophy studied Law, Langille impressive her combine to Langille law. Before receiving her JD from NYU NYU from JD her law. receiving Before political science as an undergraduate at at undergraduate an as science political background in philosophy, political political philosophy, in background an MPhil in international relations as a a as relations international in MPhil an the University of Toronto and received received and Toronto of University the science, international relations, and the the and relations, international science, This scholarly undertaking allows allows undertaking scholarly This

of afree state, n

JOANNA LANGILLE: FONDATION TRUDEAU FOUNDATION 2014 © THE SECOND AMENDMENT: A BIOGRAPHY: © BY MICHAEL WALDMAN I “recess appointment” of several individuals to exec to individuals of several appointment” “recess Appointments Clause gives the president the power power the president the gives Clause Appointments practice historical privileging it, put Morrison As What are the limits of presidential power? of presidential limits the are What view, the recess appointment power extended only only extended power appointment recess view, the Eric M. and Laurie B. Roth Professorship of Law, Professorship Roth B. Laurie and M. Eric Practice Presidential with me, or I will work without you. This incensed incensed This you. work without or Iwill me, with Work Congress: to do.” to I’m message what going His Obama’s 2012 recess appointments, the US Court Court US the appointments, recess 2012 Obama’s intra that presidents (OLC) have advised Counsel legal branch executive long, as For just Congress). Morrison argued that practice-based law, emerging law, emerging practice-based that argued Morrison has not voiced any collective objection to the legal the to objection collective any voiced not has ask: to many prompted and rivals political his ity of intrasession appointments. intrasession of ity from historical tradition, sets important—if some important—if sets tradition, historical from ment power, preferring instead a narrower under anarrower instead power,ment preferring of of asession middle the in breaks is, (that recesses intrasession some also but of Congress) sessions cial offi- between recesses is, (that Senate of the recesses understood been has power this in how role nificant asig played has practice historical explained, rison Mor As appointments. branch executive for senior “advice for the waiting without Senate,” of the recess presi the that notion the against help protect can power of presidential boundaries the discerning in president does it, it means it’s illegal.” not it means it, does president practice-based understanding of the recess appoint recess of the understanding practice-based (gen length of asufficient are recesses the provided intersession just not during vacancies fill to power utive branch positions. The Constitution’s Recess Recess Constitution’s The positions. branch utive and consent” of the Senate that is typically required required typically is that Senate of the consent” and to intersession recesses. recesses. intersession to the Recess Appointments Clause. On that narrower narrower that On Clause. Appointments Recess the the during happen may that vacancies all up “fill to 2012 January Obama’s President including ture, power. on presidential informal—boundaries times of Appeals for the DC Circuit rejected the historical historical the rejected Circuit DC for the of Appeals part, for its Senate, 10 the days). And least at erally, Legal of Office Department’s Justice the like offices the have invoked presidents For decades, over time. the “When claimed, Nixon President or, former as law’s reach— the beyond somehow are dent’s actions on that Drawing career. his throughout topic on this scholarship in his inaugural lecture in May for the for May the in lecture inaugural his in scholarship standing that, it said, was dictated by the text of text the by dictated was it said, that, standing power, their within are appointments recess session Barack Obama declared, “Wherever and when and “Wherever declared, Obama Barack n this year’s State of the Union address, President President Union address, of the State year’s n this opportunity for more American families, that’s that’s families, for American more opportunity expand to legislation without steps take Ican ever In a case challenging the legality of President of President legality the challenging a case In extensively written has Morrison Trevor Dean Morrison cited a number of examples in his lec his in of examples a number cited Morrison ------

And that influence, Morrison insisted, can operate operate can insisted, Morrison influence, that And When OLC issues an opinion defending the legality legality the defending opinion an issues OLC When how the president defends his actions, and call him him call and actions, his defends president how the pres the constrain realistically ever can office legal is review, as judicial face to unlikely are actions his legal profession, and civil society pay attention to to attention pay society civil and profession, legal cal practice-based understanding and still strike strike still and understanding practice-based cal fact that presidents invariably seek to justify their their justify to seek invariably presidents that fact independence: their preserve to OLC like for offices stressed, Morrison president, of the interest the in is - acer them give that norms and of practices number a have adapted they but pressure, political from immune not are OLC like offices Executive ident. president. the on constraints imposing still while conducted been long ment has for how govern arrangements traditional modate illus decision The conclusion. that precisely reached Court the June, In practice. historical by covered accept the DC Circuit’s understanding, it would upset upset it would understanding, Circuit’s DC the accept actions in legal terms illustrates the influence of law. of influence the illustrates terms legal in actions the Indeed, perspective. or moral a policy from able the notion however, challenged Morrison, affairs. accom can approach practice-based a historical as a constraint—as long as the press, Congress, the the Congress, press, the as long aconstraint—as as grounds that they went beyond the circumstances circumstances the went beyond they that grounds histori the accept could Court Supreme the that to account when those defenses fall short. short. fall defenses those when account to or desir sensible simply lawful—not as actions their Presi president. for the cost political tremendous it And credibility. and of independence degree tain branch no executive of acourt, absence the in that carefully, applied when that, point Morrison’s trates down President Obama’s 2012 appointments, on the on the appointments, 2012 Obama’s President down explained He also practice. of presidential decades dents thereby have an incentive to be able to defend to able be to incentive have an thereby dents carries unlawfully act to seeming that is explained, valuable. so opinion its makes what is dence indepen relative its action, presidential of agiven foreign and war to relating matters in case the often The key point underlying all of this, Morrison Morrison of this, all underlying point key The Constraining the president is more difficult when when difficult more is president the Constraining Morrison noted that if the Supreme Court were to to were Court Supreme the if that noted Morrison n

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Trustee Eric Roth ’77is Trade Center insurance Among his landmark cases cases Among hislandmark Lipton, Rosen &Katz. Roth earnedaPhDin intheWorldProperties is representing Silverstein a partner at Wachtell,a partner resource management. a researcher of human social psychologysocial andwas coverage litigation. Laurie 63 ARGUMENTS & OPINIONS Legal Shelter from the Storm after hurricane sandy devastated significant municipalities to restrict development without areas of New York, New Jersey, and Connecticut falling prey to regulatory takings liability. in October 2012, many homeowners were unable TDR programs, which allow owners to separate award winner to repair or sell and faced considerable hardship. the development potential of a land parcel from that “Coastal TDRs and Despite that predicament, the typical reaction of land and transfer that potential to another nearby Takings in a Changing many New Yorkers was to rebuild. parcel, have been used in New York City to preserve Climate” by Nicholas In a paper inspired by discussions with Profes- historic buildings and areas without takings liabil- Williams won the $2,500 sor Katrina Wyman, Nicholas Williams ’13 argues ity coming into force. Such a strategy has been little first prize in the 2013 that as sea levels rise and weather disasters grow used in coastal areas, Williams says, perhaps due to Smith-Babcock-Williams more frequent, policymakers should consider resistance to accepting the reality of rising ocean Writing Competition, ways that coastal cities can encourage strategic levels and because a consensus on whether TDRs sponsored by the Ameri- retreat from low-lying shores in order to minimize are vulnerable to takings liability claims has not can Planning Association’s Planning and Law Division. future property losses. Williams zeroes in on trans- yet been reached. It was published in the ferable development rights (TDRs) as a means for To make TDRs work, Williams says, coastal cities Urban Lawyer, the journal will need to balance incentives creatively to entice of the American Bar owners and developers away from the shore, mak- Association’s Section ing flexibility and a clearly articulated public pur- of State and Local pose key factors. And to help tip the takings liability Government Law. question in favor of this strategy, Williams, now a second-year associate at Greenberg Traurig, argues that TDR programs should strive to establish as clearly as possible that the TDRs in question facilitate economically valuable use of land. “Where retreat is the optimal strategy,” Williams concludes, “a coastal TDR program can be used to restrict coastal development at minimal public cost, accomplishing the goal of preserving open beaches and wetlands while providing incentives or restrictions to limit rebuilding in vulnerable areas after damaging storms.” n

Would victims have to hire lawyers to take Leading Questions action? If the victims took the photos themselves, the transformation of the internet into a they can use the takedown provisions of the Digital market of user-generated content has had some unin- Millennium Copyright Act to ask search revenge porn tended consequences. In a February 2014 Atlantic engines like Google and Yahoo to “noun” article, “Our Best Weapon Against Revenge Porn: de-index websites with their pho- Sexually explicit pictures, Copyright Law?” Amanda Levendowski ’14 explored tos and the porn sites to remove video, or other media that the phenomenon of revenge porn and a strategy to the photos, all without having to is publicly shared online combat it. She also worked with Professor Christopher hire a lawyer. without the consent of Sprigman to create a Wikipedia definition of revenge the pictured individual… porn (left) that was cited by the Criminal Court of Why would a revenge porn typically uploaded by the City of New York in a 2014 case. website comply with ex-partners or hackers.… victims’ requests to Many of the images are Why haven’t others used copyright law against remove the images? selfies [and]…are often accompanied by personal revenge porn? It seems counterintuitive that when The DMCA has a information, including the you’re thinking of trying to incentivize creation and safe harbor provi- pictured individual’s full deal with “artists” that these kinds of images would sion: If a website name…and addresses. fit squarely within copyright law. But when you satisfies certain look at what copyright protects, whom it protects— conditions, it’s the authors who create the image, the people who protected from took the photograph—and the kinds of remedies it liability. If it

WWW.LAW.NYU.EDU provides, it makes perfect sense. doesn’t, it’s not.

64 T “useful Arts” (technology). Why, Beebe wonders, wonders, Why, (technology). Beebe Arts” “useful of Aes Problem the and Law Property “Intellectual Beebe said. Instead, the art is often something totally totally something often is art the Instead, said. Beebe that however, mean doesn’t arts, the in Progress

- vid puppy viral Beebe, world. To Barton the with Congress “to promote the Progress of Science and and of Science Progress the promote “to Congress M. Desmarais Professor of Intellectual Property Law. Property of Intellectual Professor Desmarais M. fine arts, which qualify neither as “science” nor as nor as “science” neither qualify which arts, fine fine arts in this context? this in arts fine cially appropriate time for intellectual property law law property for intellectual time appropriate cially exclude to the pains have taken framers the might the to reference any is language constitutional creative That so. of doing joy for it the is creates ist art the reason the of part and different, and new law, stated the case and statutes both In concept. progress. of aesthetic concept or videos of music clips taking screens, of their front progress in the arts and sciences. For scientific and For scientific sciences. and arts the in progress promote to law is property of intellectual purpose process, however, has no value under current law. current under no value however, has process, behind the times copyright law is in examining the the examining in law is copyright times the behind useful Arts” through the provision of copyright of copyright provision the through Arts” useful and patent rights. But strangely missing from this this from missing strangely But rights. patent and share to (or works parodies) own their making and thetic Progress,” his inaugural lecture as the John John the as lecture inaugural his Progress,” thetic the works of Picasso are better than cave drawings, drawings, cave than better are of Picasso works the improving means progress knowledge, technological or building something that replaces something new. something replaces that something or building efficient, more something making thing, last on the how far underscore memes Gosling Ryan and eos sit in today people same the on MTV; videos duced What’s the (Fair) Use? Aesthetic progress is an admittedly murky murky admittedly an is progress Aesthetic The early 20th century “would have been an espe an have been “would century 20th early The empowers Clause Property Intellectual The In late January, Beebe expounded on his views in in views on his expounded Beebe January, late In 2.0—is the phenomenon of user-gener phenomenon the 2.0—is he latest incarnation of the Internet—Web of the incarnation he latest ated content. Pop culture consumers three three consumers culture Pop content. ated decades ago watched professionally pro professionally watched ago decades - - - - -

“We also need to view it as cultural policy with with policy cultural it as view to need “We also Bleistein v. Donaldson Lithographing Co. Co. Lithographing v. Donaldson Bleistein Erin Geiger Smith Geiger Erin versation about aes about versation I am suggesting that we have every right ourselves, ourselves, right we have every that suggesting I am works are treated now, he said. For example, Beebe Beebe For now, example, he said. treated are works law need to be turned on its head, said Beebe. “But “But Beebe. said head, on its turned be to law need headded: thing, agood that’s that he conceded long-term with policy industrial as law essentially a“conversa out be to turned however, opinion the nity was missed. In 1903, the Supreme Court held in held in Court Supreme 1903, the In missed. was nity impact of a more-than-century-old precedent. precedent. of amore-than-century-old impact the reassess to of Web time age 2.0, the it’sin high words, other In said. Beebe commentary, cultural law that copyright to tweaks to lead could it means own. his in of clips and images copyright nor does discrimination,” “aesthetic in progress,” Beebe said in his lecture. But the opportu the But lecture. his in said Beebe progress,” prevent, say, the cute-cat video maker from using using from maker video say, cute-cat prevent, the as its competing goal.” goal.” competing its as are more in line with today’s hands-on approach to to approach hands-on today’s with line in more are law” of copyright aform promulgate to crowd, the as while And said. Beebe goal,” its as accumulation protection copyright receive could advertisements tion-stopper” on the topic, said Beebe. said topic, on the tion-stopper” of the reproduction right that gives copyright hold copyright gives that right reproduction of the and aesthetic the between relation the consider to thetic progress and what what and progress thetic of how consideration in lenient more be might that progress, of aesthetic discussion further to door the others’ work include to others’ might work and their reproduce to right sole the ers opening than Rather art. fine not were they if even suggested, it might be time to revisit enforcement enforcement revisit to time be it might suggested, short-term, even immediate, aesthetic experience experience aesthetic immediate, even short-term, “For two centuries, we have viewed copyright copyright we have viewed centuries, “For two That doesn’t mean that judges should engage engage should judges that mean doesn’t That Opening up the con up the Opening - -

Part of the reason the artist creates creates artist the reason the of Part process, however, has no value under however, value no under has process, current copyright law. copyright current is for the joy of doing so. That creative so. for joy doing the of is that circus circus that n - - -

A widelyadmired trial LLP, anIPtrialboutique, Desmarais ’88isthefound- and thefounder andowner and IPstrategist, John ing partner of Desmarais ing partner patent licensing company. of Round Rock Research, a

65 ARGUMENTS & OPINIONS 66 WWW.LAW.NYU.EDU Wisdom Words on Thought by Gruss Award inScholarshipand A: Maimonides wanted to Maimonides: LifeMaimonides: and Q: You a describe School, discussed the the School, discussed Halbertal won the2013 Halbertal Professor of Law Moshe But hiscodification work Frankfurter Professor National Jewish Book Noah Feldman, Felix NYU Law booklaunch the tradition, butitsuc- tion, but whose project tion, butwhose transformational figure interpret. What survives is interpret. What survivesis as “anextraordinary book” acclaimed was critically rare powerfulvoice. an alternative voice. It’s a material for Talmudists to endedupaddingmore act was acolossalfailure lastNovember,party by by brave attempt that didn’t hisgreat because literary be thelastword onthis book withitsauthor. ceeded inaddingtoita succeed intransforming organism, theTalmud. of Law Law at Harvard way he would have was notreceived the with tremendous ambi- liked ittobereceived. Foreign Affairs. At the

—From An Ingenious Way An Journal of Policy History Policy of Journal jonathan silberstein-loeb llm ’14 llm silberstein-loeb jonathan The International Distribution of News: The Associ The News: of Distribution International The Keig Close Keeping She was borninthe1880s,herparents inthe1840s. Her ated Press, Press Association, and Reuters, 1848–1947 Reuters, and Association, Press Press, ated It influenced the waytalked tome, she the way she con it looks at the past, but the analysis is is analysis butthe past, the at it looks grandmother andtheway sheraisedherninechildren. property told through the lens of business history.” of business lens the toldthrough property journalism, history, combines February, in published get tomassincarceration andextreme levels themore of Iappreciate punishment, that we needmercy, all book, “Exclusivity and Cooperation in in Cooperation and “Exclusivity book, it a secret. He hid the things heknew—until Hehidthethings Emanciit asecret. pation. The legacy of slavery very much shaped my father thetimeaboutgrowing toherall talked upin always largely—and in some places places some in largely—and always the from developed law. article and An people unfairly judged; that was that what felt guided mebacktosomething like home. all thetime.all we needjustice and—perhaps—we all measure needsome of unmerited all grace. way we treat themostvulnerable among us.It’s aboutadramatic also periodinourrecent history, aperiodthat in we condemnand theinjustice peopleinthiscountry we create whenwe fear, allow anger, anddistancetoshapethe her formidable arms.Shenever tired metoher. of pulling tutional archives, Silberstein-Loeb investigated to intertwine several scholarly passions into one book. book. one into passions scholarly several intertwine to the 2014 Ellis Hawley Prize from the the from Prize Hawley Ellis 2014 the 1893–1945,” won Press, Associated the of Example The Supply of News: the exclusively—legal,” Silberstein-Loeb says. “It’s about “It’s about says. Silberstein-Loeb exclusively—legal,” slavery andhowhelearnedtoread andwrite butkept she’d no, letmebe;ifIsaid shewould itmademehappy meagain. assault noalotbecause Isaid tobewrapped in could barely breathe. After alittlewhile, shewould askme, ‘Bryan, doyou feel still mehuggingyou?’ yes, IfIsaid stantly toldmeto‘Keepstantly close.’ until we suffer all from theabsence of mercy and condemn ourselves as muchas we victimize others.Thecloser we to Own the News?the Own to decency of acommunity, astate, anation. Fear andanger make can usvindictive andabusive, unjustandunfair, delibly marked thelives of of Americans—of millions races, all ages, andsexes—and psyche theAmerican asawhole. ‘You from things mostofadistance, understand theimportant can’t Bryan. You have toget close,’ shetoldme “It’s a history book in the sense that that sense the in book “It’s a history This bookisaboutgetting tomassincarceration closer andextreme Itisabouthoweasily punishmentinAmerica. The distanceIexperienced inmy first year of lawschoolmademe Proximityfeel lost. tothe condemned, to When Ivisited her, shewould tightlyI hugmeso We implicated arewhenwe otherpeopletobemistreated. all allow Anabsenceof compassioncorrupt can the Making use of the AP’s newly opened insti opened newly AP’s of the use Making Just Mercy by Bryan Stevenson. Reprinted by arrangement withSpiegel &Grau, animprintof Random House. My grandmother was the daughter of people who were enslaved inCaroline County, Virginia. .

managed managed - - - - ,

way in which to control these rights.” rights.” these control to which way in whether the development of news agencies such as as such agencies of development news the whether cooperation while avoiding accusations of monopoly of monopoly accusations avoiding while cooperation property rights, copyright, things like that, and sug and that, like things copyright, rights, property away from moving people news—has publishing, absence the in reports over news control prietary balance the competing objectives of exclusivity and and of exclusivity objectives competing the balance and Reuters stemmed from the need to exert pro exert to need the from stemmed Reuters and gesting that contracts and licenses may be a better abetter be may licenses and contracts that gesting Association, Press Britain’s Press, Associated the exerted over journalistic output. journalistic over exerted be could that rights property intellectual of any The trick for the AP, the author explains, was to to was explains, AP, author for the the trick The “A lot of discussion about the Inter the about “A of discussion lot “It’s a relevant argument for the news news for the argument “It’s arelevant maintaining property online—music, with associated problems the and net industry now,” says Silberstein-Loeb. now,” Silberstein-Loeb. says industry probably more helpful than harmful. harmful. than helpful more probably were attempts cooperative papers’ and the resulting regulation. regulation. resulting the and In the end, he concludes that news that heconcludes end, the In n -

- - - -

JUST MERCY: © 2014 BY BRYAN STEVENSON; ILLUSTRATION: © DAN PAGE C/O THEISPOT.COM FULTON FISH MARKET: © BETTMANN/CORBIS; GIGANTE: © BETTMANN/CORBIS / AP IMAGES; GENOVESE: © BETTMANN/CORBIS / AP IMAGES; GIULIANI: © OWEN FRANKEN/CORBIS Mafia Prosecutions Mafia of Consigliere The Jacobs notes in in notes Jacobs 1920s, he says. Yet complicit or indifferent function Yet or indifferent hesays. complicit 1920s, Mafia and the American Labor Movement Labor American the and Mafia Liberated from the Grip of Organized Organized of Grip the from Liberated Unbound: How New York Was New How Unbound: City void, he has crafted an unequaled scholarly corpus corpus scholarly unequaled an crafted void, he has Crime Crime Mob’s corrupting hand has been deep deep been has hand Mob’s corrupting Clockwise: Fulton Fish Market, 1973; Vincent “The Chin” Gigante, Gigante, Chin” “The Vincent 1973; Market, Fish Fulton Clockwise: T when he was US attorney for the Southern District of New York, 1987 York, New of District Southern the for attorney US was he when ’68 Giuliani 1959; Rudolph court, at arrives he as smile abig wears reputed head of the Genovese crime family, 1990; Vito Genovese, 61, 61, Genovese, Vito family, 1990; crime Genovese the of head reputed Courts, pointedly writes in in writes pointedly Courts, Pro Burger E. Warren Justice Chief intractable for generations before a series of rela aseries before for generations intractable the since coast to coast cities of big pockets the in the and Law of Constitutional fessor forlong. so cities many so in grip economic illicit its maintain to managed Mob the that fact the from as broken laws much from so not springs aggravation his But Mafia. of the ments analysis of litigation and brisk histories of how the of how the histories brisk and of litigation analysis lucid students—feature Law NYU with authored pros Mob of modern record historical essential and become to Mob the allowed politicians and aries ecutions. His five organized crime books—some co- books—some crime five organized His ecutions. that Filling scholars. fellow his from crime organized same the in have engaged families crime organized type of exploitation for much of the 20th century,” century,” 20th for much of the of exploitation type same York. New in “The prosecutions recent tively “This book is no exposé,” Jacobs, Jacobs, no exposé,” is book “This Jacobs sees some of the same indifference toward toward indifference same of the some sees Jacobs he catalogue of James B. Jacobs’s organized organized Jacobs’s B. of James he catalogue aggravated wonder about the criminal achieve criminal the wonder about aggravated crime books is infused with a subtle sense of sense asubtle with infused is books crime (1999). It is no secret that the the (1999). that no secret It is Mobsters, Unions, and Feds: The The Feds: and Unions, Mobsters, Gotham Gotham - (2006). - - - -

Mob flourished in such traditional strongholds as strongholds traditional such in flourished Mob labor, trucking, construction, the garment indus garment the construction, trucking, labor, make it more difficult for urban scholars, whatever whatever scholars, urban for it difficult more make in a particular industry. In In industry. aparticular in of how account a terse with racket crime ofment each unions and transportation: and unions and why organized crime had managed to thrive thrive to managed had crime why organized and example, he describes how the Mafia’s corrupting corrupting Mafia’s how the he describes example, tional record with extensive footnotes and references references and footnotes extensive with record tional of orga importance the ignore to discipline, their will book this that “We hope peers: his prods gently Gotham In Unbound hauling. waste and try, tan waterfront was leveraged on two Mafia pillars: pillars: Mafia on two leveraged was waterfront tan lower Manhat on the Market Fish Fulton on the grip treat his He begins scholars. future serve will that ily has influenced every facet of the market’s of the facet every influenced has ily from control of Local 359 of the United Seafood United Seafood the of 359 Local of control from operations since the 1920s. This influence flowed flowed influence 1920s.This the since operations the early 20th century. The Genovese crime fam crime Genovese The century. 20th early the source and a power base for Cosa Nostra since since Nostra for Cosa base apower and source

“The Fulton Fish Market has been a revenue arevenue been has Market Fish Fulton “The history. Instead, he stacks one sturdy one sturdy he stacks Instead, history. fact atop another, building afounda building another, atop fact ashrewd by down taken mobster ful lives 20th-century the in crime nized familiar narrative template of a color template narrative familiar does not write that sort of personalized of personalized sort that write not does Jacobs prosecutor. or atenacious cop cities.” American of Most popular Mafia books use the the use books Mafia popular Most continued on page 68 continued Gotham Unbound , for for , , he he , ------

the gang of five of gang the The Battle to Free to The Battle theTeam- Thomas D. ThacherII) Gotham Unbound: Corruption andRacketeer Construction Industry Industry Construction Mobsters, Unions, and Mobsters, Movement (1991; withRonald Gold- United States v. Cosa Breaking theDevil’s Pact: Feds: TheMafia and Busting theMob: Liberated from theGrip How New York City Was Nostra Nostra of Organized Crime (1999; Jay Worthington ’01) from theMob sters (2011; stock, Martin Marcus,stock, Martin pher Panarella ’94and Robert Radick ’97) the American Laborthe American with Kerry T. Cooperman) ing intheNew York City with Coleen Friel ’97 and (1994; withChristo- (2006)

- 67 ARGUMENTS & OPINIONS Workers, Smoked Fish and Cannery Union…. without bumping into this cumulative bibliography The Genovese crime family created loading and around every new corner you turn.” unloading cartels, maintained interests in some Jacobs began studying crime at the University of wholesaling companies, operated ‘security ser- Chicago Law School, where he was a research assistant vices,’ and organized and charged for park- to Norval Morris, influential co-author of The Honest ing…. As with the other mobbed-up industries Politician’s Guide to Crime Control. Shortly after join- examined in this book, Cosa Nostra functioned ing NYU Law in 1982, Jacobs was put in charge of ana- as a kind of legislature, court, and police force lytics in an investigation of the mobbed-up New York for the market. The rules covered competition, construction industry by the NYS Organized Crime prices, labor relations, payoffs, and respect.” Task Force. That experience “redefined my career,” Following an organizational template he uses in he says. “It put me on a set of issues about organized many of his books, Jacobs returns to the fish market crime that I have stayed with.” later in Gotham Unbound to examine how organized “No one had ever really had the academic entre- crime was crowbarred out—in this case, with a combi- preneurial idea to record the accurate details of these nation of a federal racketeering prosecution and a new organized crime investigations,” says a former stu- local law that added government oversight to the mar- dent, C. Alexander Hortis ’99, a litigator with Venable ket’s operation. (Rudolph Giuliani ’68 was US attorney in Baltimore. Jacobs contributed an introduction to during the prosecution, and the law passed after he Hortis’s 2014 book, The Mob and the City: The Hid- was elected mayor.) Jacobs is “a diligent and thor- den History of How the Mafia Captured New York. ough researcher who tackles very complicated sub- Prolific and eclectic in his interests, Jacobs has jects and writes clear and engaging analyses,” says a written books on prisons, drunk driving, corruption, former research assistant, Lauryn Gouldin ’00, assis- hate crime, and gun control. In 2012, Jacobs received tant professor at Syracuse University College of Law. a Guggenheim Foundation fellowship to work on Legal scholars agree that Jacobs has created an a forthcoming book, The Eternal Criminal Record. essential archive of key Mob prosecutions. “For two Jacobs says he feels compelled to return soon to decades, he has produced detailed and careful case his familiar themes, with possible projects on eth- studies which are individually quite valuable and nic organized crime and more recent Mob prosecu- cumulatively provide a history of instrumental law tions. The pool of material seems bottomless and, to enforcement of great importance,” Franklin Zimring Jacobs, the importance of his work is clear: “These of the University of California, Berkeley, School of [Mafia prosecutions] will be lost to history unless Law says of Jacobs. “You can’t study this history someone puts them on the record.” n David Krajicek

a picture is worth a thousand words

In recent decades, in countries around the world, rulers have built courts as the markers of their identity even as they have expanded their prisons, limited their postal services, and fortified their borders. Yet the uses to which courthouses will be put remain unclear. As we closed the pages of this book, the United States Supreme Court closed its front steps. Rather than being greeted by the words ‘Equal Justice Under Law,’ entrants are routed to the side to enter ‘a secure, reinforced area to screen for weapons, explosives, and chemical and biological hazards.’ One can still walk out from the court down the steps, with the words to one’s back. The forms in which governments represent themselves provide windows into their aspirations. Courts—in democracies—can be a venue that enables discursive public exchanges through procedures aiming for partici- patory parity. Our hope is that this volume serves as a reminder that law’s institutional forms should be structured to teach members of polities to make claims on justice as well as to seek justice—so as to have the capacity to contest and to understand what law can and should do.

—Excerpted from Representing Justice: Invention, Controversy, and Rights : EXCERPTED: WITH PERMISSION OF YALE UNIVERSITY PRESS.2011 © BY JUDITH RESNIK AND DENNIS CURTIS in City-States and Democratic Courtrooms, by Judith Resnik ’75 and Dennis Curtis. Representing Justice received the 2014 Order of the Coif Book Award; 2012 Scribes Book Award from the American Society of Legal Writers; and 2011 PROSE awards from the Association of American REPRESENTING JUSTICE REPRESENTING WWW.LAW.NYU.EDU Publishers in the fields of social sciences and also law and legal studies.

68 ILLUSTRATION: © ANNA & ELENA BALBUSSO What I believe is that other people will continue continue will people other that is Ibelieve What vive, at least for a while, after we ourselves are gone. are we ourselves after for awhile, least at vive, your death in a collision with a giant asteroid. How asteroid. agiant with acollision in death your I have discussed the question, you would find this this find you would question, the I have discussed I and our in value lives. purpose finding about ruminates Scheffler Samuel Seriously. of the Afterlife. Importance The we know that humanity won’t exist forever, most of forever, most won’t exist humanity that we know would this knowledge affect you? affect knowledge this would live. If you were a cancer researcher, you might be be you might researcher, you a cancer were If live. and earth the sleep, your in peacefully die and life along live would you yourself although that knew it might greatly affect your decisions about how to to how about decisions your affect greatly it might continuing the which in ways are there it seem, may lives. of our end irreversible belief plays an extremely important role in our lives, lives, our in role important extremely an plays belief us take it for granted that the human race will sur will race human the that it for granted take us and sense of what is worth doing. Astonishing though though Astonishing doing. worth is of what sense and all its inhabitants would be destroyed 30 days after after days 30 destroyed be would inhabitants its all think much about its significance. Yet I think that this this that think I Yet significance. its much about think Although case. own your in assumption same the You make have died. probably Imyself after live to doomsday knowledge profoundly disturbing. And And disturbing. profoundly knowledge doomsday ones. loved of our that and survival own our does than us to more strangers—matters of complete that deaths—even our after people of other existence commitments values, our shaping but critically quietly convinced that death marks the unqualified and unqualified the marks death that convinced believe in life after death. scious being after my earthly demise. I’m firmly I’m firmly demise. my earthly after being scious If you are like me, and like most people with whom whom with people most like and me, like you are If we don’t for granted, belief this we take Because Consider a hypothetical scenario. Suppose you Suppose scenario. ahypothetical Consider My belief in life after death is more mundane. mundane. more is death after life in My belief No, I don’t think that I will live on as acon on as live Iwill that No, Idon’t think - - you might see little point in continuing to write or write to continuing in point little see you might But even people who fear death (and even those who who (and those even death who fear people even But which the survival of other people after our deaths deaths our after people of other survival the which humanity would cease cease would humanity that knowledge the with faced And mind. in legacy imminent? was race human would how much it were, good if even and lifetime, be (It work. would your continue to motivated less not typically react with with react typically not - have chil to motivated often are activities creative these since compose, whocared or acarpenter institutions or social cal you were if Likewise remaining?) time the it do in matters more to us than our own survival. survival. own our than us to more matters undertaken with an imagined future audience or audience future imagined an with undertaken your in found be would acure that all, after unlikely, about building things to last. What difference would would difference What last. to things building about safety seismic the improve to working engineer an that they will die someday. Thus there is a way in away in is there someday. Thus die will they that own of their prospect the your after soon exist to of the destruction the if make, endeavors these dent of the value of their activities despite knowing knowing despite activities of their value ofdent the - confi remain afterlife) apersonal in believe do not of dying. terrified are people many course, Of deaths. not. Maybe dren? be you still would death, politi our reform to trying activist or an of bridges, such a loss of purpose to to of purpose aloss such Notice that people do do people that Notice or composer, or playwright you anovelist were If

30 days after your after 30 days death in acollision yourself would live along life and die with a giant asteroid. Howwith would asteroid. this agiant Suppose that you although knew you knowledge affect you? peacefully in yourpeacefully sleep, the and earth all inhabitants its would bedestroyed continued on page 70 continued -

69 ARGUMENTS & OPINIONS The explanation for this may seem simple: if the depends on what we expect to happen to others after earth will be destroyed 30 days after we die, then our deaths. Even the egotistic tycoon who is devoted everyone we care about who is alive at that time to his own glory might discover that his ambitions will meet a sudden, violent end. Spouses and part- seemed pointless if humanity’s disappearance was ners, children and grandchildren, friends and lov- imminent. Although some people can afford not ers: all would be doomed. Perhaps it to depend on the kindness of strang- is our concern for our loved ones that ers, virtually everyone depends on the explains our horror at the prospect of future existence of strangers. a post-mortem catastrophe. Similarly, I think that familiar But I don’t think this is the full assumptions about human individu- story. Consider another hypotheti- alism are oversimplified. Even though cal scenario, drawn from P. D. James’s we as individuals have diverse values novel The Children of Men. In Ms. and goals, and even though it is up to James’s novel, humanity has become each of us to judge what we consider to infertile, with no recorded birth having occurred in be a good or worthy life, most of us pursue our goals over 25 years. Imagine that you found yourself living and seek to realize our values within a framework of in such circumstances. Nobody now alive is younger belief that assumes an ongoing humanity. Remove than 25, and the disappearance of the human race is that framework of belief, and our confidence in our imminent as an aging population inexorably fades values and purposes begins to erode. away. How would you react? There is also a lesson here for those who think that As in the case of the asteroidal collision, many unless there is a personal afterlife, their lives lack any activities would begin to seem pointless under these meaning or purpose. What is necessary to underwrite conditions: cancer research, seismic safety efforts, the perceived significance of what we do, it seems, social and political activism, and so on. Beyond that, is not a belief in the afterlife but rather a belief that as Ms. James’s novel vividly suggests, the onset of humanity will survive, at least for a good long time. irreversible global infertility would be likely to pro- But will humanity survive for a good long time? duce widespread depression, anxiety, and despair. Although we normally assume that others will live Some people would seek consolation in religious on after we ourselves have died, we also know that faith, and some would find it. Others would take there are serious threats to humanity’s survival. what pleasure they could in activities that seemed Not all of these threats are human-made, but some intrinsically rewarding: listening to music, explor- of the most pressing certainly are, like those posed ing the natural world, spending time with family by climate change and nuclear proliferation. Peo- and friends, and enjoying the pleasures of food and ple who worry about these problems often urge us drink. But even these activities might seem less ful- to remember our obligations to future generations, filling, and be tinged with sadness and pain, when whose fate depends so heavily on what we do today. set against the background of a dying humanity. We are obligated, they stress, not to make the earth Notice that in this scenario, unlike that of the uninhabitable or to degrade the environment in asteroidal collision, nobody would die prematurely. which our descendants will live. So what is dismaying about the prospect of living I agree. But there is also another side to the story. in an infertile world can- Yes, our descendants depend on us to make possible However self-interested or narcissistic not be that we are horri- their existence and well-being. But we also depend we may be, our capacity to find purpose fied by the demise of our on them and their existence if we are to lead flourish- and value in our lives depends on what we loved ones. (They would ing lives ourselves. And so our reasons to overcome expect to happen to others after our deaths. die eventually, of course, the threats to humanity’s survival do not derive but that is no different solely from our obligations to our descendants. We from our actual situation.) What is dismaying is sim- have another reason to try to ensure a flourishing ply that no new people would come into existence. future for those who come after us: it is simply that, This should give us pause. The knowledge that to an extent that we rarely recognize or acknowledge, we and everyone we know and love will someday they already matter so much to us. n die does not cause most of us to lose confidence in the value of our daily activities. But the knowledge Samuel Scheffler is University Professor and Profes- that no new people would come into existence would sor of Philosophy and Law at NYU. His recent book, make many of those things seem pointless. Death and the Afterlife, based on the Berkeley Tan- I think this shows that some widespread assump- ner Lectures he gave in 2012, inspired this essay. The tions about human egoism are oversimplified at best. essay first appeared in the New York Times on Sep- However self-interested or narcissistic we may be, tember 21, 2013. In May, Scheffler delivered the H.L.A.

WWW.LAW.NYU.EDU our capacity to find purpose and value in our lives Hart Memorial Lecture at the University of Oxford.

70 75 79

72 The Carr Center for Reproductive Justice breaks new ground ground new breaks Justice for Reproductive Center Carr The On a two-day visittoNew YorkOn atwo-day lastAugust,President hisfirstsince2008MaYing-jeou LLM election, ’76 of Taiwan

Harold Koh tells all about the Chen Guangcheng incident Guangcheng Chen the about all Koh tells Harold

David Miliband seeks aid for Syrian refugees for Syrian aid seeks Miliband David returned tosomeofhisfavorite campus spots. Maalsometwith business andpoliticalleaders. Proceedings

Annual Survey honors Chief Judge Diane Wood Diane Judge Chief honors Survey Annual

80 78

Cabinet members visit the Law School Law the visit members Cabinet Voting law experts discuss dire realities dire discuss Voting experts law

71 PROCEEDINGS 72 WWW.LAW.NYU.EDU Rita Hauser, Miliband, Gustav Hauser LLM ’57 LLM Hauser Gustav Miliband, Hauser, Rita A 2013, Miliband was a member of the UK Parliament Parliament UK of the amember was Miliband 2013, today. in the world nightmares gravesthumanitarian of the one spotlighting on efforts his focused has figures, political UK’s prominent the of one most Miliband, David A Strong Voice for Syria Global Law School’s 19th annual dinner last March. March. last dinner School’sannual 19th Law Global Miliband said, adding that this fiscal year the Syria Syria the year fiscal this that adding said, Miliband humanitarian organizations are doing in Syria and and Syria in doing are organizations humanitarian in Syria with medical and emergency supplies, supplies, emergency and medical with Syria in program will become the largest one the organiza one the largest the become will program ation in Syria is now, with hundreds of thousands of of of thousands hundreds now, is with Syria in ation three in secretary foreign nation’s youngest the and you putto Ihave to that equally, But improved. and there is a growing gap between what we and other other we and what between gap agrowing is there the scale of the need that is there.” is that need of the scale the saved have been lives question, “Without runs. tion decades. He emphasized that, as serious as the situ the as serious as that, He emphasized decades. Hauser the at speech of akeynote subject the Syria, sounding the alarm about the escalating situation in in situation escalating the about alarm the sounding The IRC has provided nearly 900,000 people people 900,000 nearly provided has IRC The Before taking charge of the IRC in September September in IRC of the charge taking Before Rescue Committee (IRC), which brings (IRC), brings which Committee Rescue humanitarian crises, David Miliband is is Miliband David crises, humanitarian world’s the to worst resources lifesaving s president and CEO of the International International of the CEO and s president much aswe protect that of innocent Americans.” although theNSA has madeerrors,protect of “we theprivacy innocent foreigners as principle: “Ifit’s Icannot.” notwritten doit, downthat Ican stressed that, Inglisalso news. “We always have toerrinfavor of thelaw,” emphasizinghisoperating Inglissaid, on NSA andintelligence-gathering surveillance methodsthat have dominated the John deputy (Chris)Inglis(left), director of theNational Security Agency. Inglisfocused Monaco, tothepresident assistant for homelandsecurityandcounterterrorism, and and national securitylaw andthepress. The event featured keynote addresses by Lisa inintelligencecourts andnational security, law andstrategy intheexecutive branch, “Lawdiscuss andStrategy inanEra of Evolving Threats,” withpanelsontherole of the gathered national securitypractitioners,policymakers, judges, andotherexperts to A daylong conference hosted by NYULaw’s Center onLaw and Security lastNovember Inglis Lessons Miliband - - Advisory Board from 2001 to 2004, remarked that that remarked 2004, to 2001 from Board Advisory very practical and sad commentary on their applica on their commentary sad and practical very laws of war”—studied at the Law School. “This is a a is “This School. Law the of war”—studied at laws law, the and criminal law, international rights human menting the law—“international humanitarian law, humanitarian law—“international the menting meet humanitarian need with appropriate humani appropriate with need humanitarian meet to failure help: not “The did powers international poten the has it countries, other to fleeing refugees remarks with a call to engagement: “I hope that, in in that, “Ihope engagement: to acall with remarks besieged to access increase to efforts concentrated program with her husband Gustave Hauser LLM ’57 LLM Hauser Gustave husband her with program any way you can, you will join us.” join you will way you can, any Intelligence Foreign President’s of the a member and countries. third into neediest the resettle and areas tarian action is the collective failure of this decade.” of this failure collective the is action tarian cri previous He recalled worse. far become to tial tion, or lack of.” Accordingly, Miliband concluded his his concluded Miliband of.” lack or Accordingly, tion, imple of difficulties the illustrates crisis Syrian the ses—such as those in Bosnia and Rwanda—in which which Rwanda—in and Bosnia in those as ses—such The thrust of Miliband’s speech, however, was however, was speech, of Miliband’s thrust The Law School alumna Rita Hauser, co-founder of the of the co-founder Hauser, Rita alumna School Law laws governing the conduct of war. While While of war. conduct the governing laws the threatens he said, there, happening humanitarian envoy by each member of member envoy each by humanitarian ing a “war without law.” without a“war ing to failure government’s Syrian the ians, changing the situation in Syria, among among Syria, in situation the changing not simply that Syria needs aid. What is is What aid. needs Syria that simply not - of “non-bellig existence the acknowledge - civil protect to meant are laws these the United Nations Security Council, and and Council, Security Nations United the of afull-time appointment the them erents” means that the situation is becom is situation the that means erents” Miliband proposed seven steps for steps seven proposed Miliband

Gina Rodriguez

------W Law considered for the nation’s highest court by Barack Barack by court nation’s highest for the considered of the of the force.” intellectual sheer butby or combativeness, said circumstances,” prickly sometimes in others twice Wood was Clinton, 1995 Bill in by Circuit enth volume of the latest of the Obama, an idea Chase heartily endorsed. heartily Chase idea an Obama, position, even when you’re in the minority.” you’re when even the in position, said Chase, referring to the Second Circuit’s chief chief Circuit’s Second the to referring Chase, said of Law. Professor D. Niles Russell Chase, Oscar from Dean Trevor Morrison, “not through grandstanding grandstanding “not through Morrison, Trevor Dean the Supreme Court shortlist. Appointed to the Sev the to Appointed shortlist. Court Supreme the is possible to resolutely and articulately hold your hold your articulately and resolutely to possible is liance and eloquence often propelled his name onto onto name his propelled often eloquence and liance judge from the 1920s to the early ’60s, whose bril whose ’60s, early the to 1920s the from judge “Judge Wood is known for tactfully dealing with with dealing “Judge for tactfully known Wood is Honoring Her Honor Honoring Her Wood is “the Learned Hand of our generation,” generation,” of our Hand Learned “the Wood is That force, said Yael Tzipori ’14, editor-in-chief ’14,editor-in-chief Yael said Tzipori force, That , she received an extraordinary compliment compliment extraordinary an , received she Annual Survey Annual was honored last February as the dedicatee dedicatee the as February last honored was Court of Appeals for the Seventh Circuit Circuit Seventh for the of Appeals Court hen Chief Judge Diane Wood of the US Wood of the Diane Judge Chief hen , shows law students that “it that lawstudents , shows Annual Survey of American American of Survey Annual - - Marzouki Muses condominium association per building rules. building per association condominium case en banc. Both her Both banc. en case a Jewish family had affixed a mezuzah to their their to a mezuzah affixed had family a Jewish and international procedure. She said of Wood’s She said procedure. international and which of course is what they are.” are.” they what is of course which doorpost—only to have it repeatedly removed by a by removed have to it repeatedly doorpost—only decisions: “They read like stories about people, people, about stories like read “They decisions: law antitrust in practitioner a fellow of Wood and friend Law, a30-year is NYU at Regulation of Trade reversed themselves, join themselves, reversed panel colleagues—Judges colleagues—Judges panel free expression, prompted prompted expression, free sent, based on the right to to right on the based sent, Easterbrook—eventually Easterbrook—eventually Frank and Posner Richard the court to rehear the the rehear to court the ing the full court’s unanimous decision. unanimous court’s full the ing in the 2008 matter of matter 2008 the in including Wood, declined to hear Bloch hear to declined Wood, including As the first country to As thefirst country ex

January 2011. When its January 2011.Whenits as theArab Spring, Tuni- authoritarian regime authoritarian in sia has seen its politics itspolitics sia hasseen since theouster of its Moncef Marzouki, visited NYU Law lastfall for a intensely scrutinized popular uprisings known known popular uprisings perience oneof astringof president, Mohamed Mohamed president,

A three-member panel of the Seventh Circuit, Circuit, Seventh of the panel A three-member Wood’s dissents often prevail in the end, notably notably end, the in prevail often Wood’s dissents Eleanor Fox ’61, Walter J. Derenberg Professor Fox ’61, Professor Eleanor J. Walter Derenberg

- Bloch v.Bloch Frischolz - Transitions he event,

Center for Constitutional acknowledged thedrastic years exile. inpolitical He change inperceptions of thefuturediscussed of the revolution that had this buddingdemocracy post-Arab Spring. led tohispresidency. late 2011,Marzouki spent trevor morrison trevor force.” intellectual sheer but by grandstanding or combativeness, through not circumstances, prickly insometimes with others dealing “Judge Wood for known tactfully is Before in hiselection . Wood’s dis , in which which , in -

analysis,” Marzouki, said about thecurrent chaos about thefailure of decades beforedecades having Winter, andlamentation to have replaced nuanced in thewholeregion seem tion hasfailed.” the righttosaya revolu- the Arab Spring, now relabeled theIslamist have towait sometimes who thenadded,“You “Gloomy predictions predictions “Gloomy

73 PROCEEDINGS 74 WWW.LAW.NYU.EDU “The firm, by beingtoobig “The bigtofail” problem: “too The 2008 financial crisis The 2008financialcrisis Hazard

Moral Reserve Bank of New York, November, William Dudley, tive officer ofthe Federal the government doesnot take more riskthanwould the firm’s cost of funds to fail, gains animplicit gave akeynote address in guarantee, thisreduces guarantee at thetaxpay- funding costs were higher.” president execu andchief - nomic Policy Forum last nual Comfort GlobalEco - argument for the tackling which hemadeapowerful no prospect of rescue and not have topay for…. Since and incents thefirmto be the case ifthere werebe thecase shadow. At thesixth an- continues along tocast charge for thisimplicit ers’ expense that itdoes

Thirst for Success Agenda Agenda Full A Attorney General Robert Abrams Pub Abrams Robert General Attorney a discussion between larry thompson larry between discussion a commitment of equal justice under law.” under justice of equal commitment national up our to live to we want if we face challenges civil and human environment, the including career, attorney general: to have the best public law firm in in law firm public best have the to general: attorney a deputy sheriff in Pittsfield, Massachusetts. Pittsfield, in sheriff a deputy as years two spending before college in biology and executive vice president of government affairs, affairs, of government president vice executive work economy, to affirmatively and global the in ness abuses, sector financial equality, marriage rights, road to leadership success. leadership to road general counsel, and corporate secretary of Pep secretary corporate and counsel, general siCo, and NYU Law Trustee Sara Moss ’74, execu Moss Sara Trustee Law NYU and siCo, 2010, in general for attorney running before senator Leadership Series in Law and Business last Septem last Business and Law in Series Leadership Jacobson 2013–14 the off kicked Companies, Lauder voice. his lost having despite September last Law NYU annual the YorkNew delivered State, Eric doggedness, typical of his asign In the country, to ensure New York New competitive ensure State’s to country, the tive vice president and general counsel of the Estée Estée of the counsel general and president vice tive law. the Schneiderman under justice equal toward real meon the “It focused education: alegal toward background His issues. consumer and fraud, Medicaid is equally wide ranging: he studied Chinese, music, music, Chinese, he studied ranging: wide equally is has addressed a broad swath of problems during his his during of problems swath abroad addressed has lic Service Lecture to a full house at at house afull to Lecture Service lic ber with a wide-ranging conversation about the the about conversation awide-ranging with ber Schneiderman, the attorney general of of general attorney the Schneiderman, Moss, Thompson Moss, The latter experience steered Schneiderman Schneiderman steered experience latter The Schneiderman had three goals when he became he became when goals three had Schneiderman Schneiderman, who served six terms as a state a state as terms six who served Schneiderman, - - - - - ,

an issue and think about an issue that opens us up to up to us opens that issue an about think and issue an you can only do that when people understand that that understand people when do that only you can but within vibrant, and strong remain to them wants with 9/11 and its aftermath—before joining PepsiCo PepsiCo joining aftermath—before 9/11 its and with ness in the financial sector,” he said. “I want to restore restore to want “I sector,” said. he financial the in ness ourselves to the transformational work of making our our work of making transformational the to ourselves commit “All should of us he said. possibilities?” new ment and the private sector,” said Moss, “always “always Moss, sector,” said private the and ment of Justice—grappling Department the in general ney for attorney US became He later Monsanto. at ney public confidence in the financial services sector, and and sector, services financial the in confidence public formational work that, over time, changes the fram the changes over time, work that, formational practice, private his in firms services financial sented sibility and knowledge.” knowledge.” and sibility of respon breadth awider with always successfully, the point of view of wanting to put people out of busi putpeople to of wanting of view point the the following year at the request of CEO Indra Nooyi. Indra of CEO request the at year following the attor deputy then of Georgia, District Northern the law.” under justice of equal idea the to United States,” Schneiderman made a distinction a distinction made Schneiderman States,” United ing of how people think about a particular problem. aparticular about think of how people ing in 2004. He retired in 2011, but returned to PepsiCo PepsiCo to but returned 2011, in He retired 2004. in legal bounds. “I do not come to this set of issues from from of issues set this to come do “I not bounds. legal legal system better, of making our country more true true more country our of making better, system legal between pragmatic transactional work and trans work and transactional pragmatic between actions.” for their held accountable be will actors bad “What are you doing to change the way people see see waypeople the change to you doing are “What “Larry has gone back and forth between govern between forth and gone back has “Larry Thompson began his career as an in-house attor in-house an as career his began Thompson Deeming his position “the best lawyer job in the the in job lawyer best “the position his Deeming and health care. health and work of dozens of affirmative litiga of affirmative work of dozens marriage laws, and stepped up the up the stepped and laws, marriage such as New York’s gun and same-sex same-sex York’s New and as such gun to consumer fraud, labor, civil rights, rights, civil labor, fraud, consumer to dedicated ones including bureaus, tion investor protection, antitrust action, action, antitrust protection, investor has defended state agencies and laws, laws, and agencies state defended has The attorney general, who repre who general, attorney The

------L “ - pol Women help to shape for Pregnant Advocates Justice Clinic, whose students work with the cen the work with students whose Clinic, Justice area of the law while allowing more room for the viewpoints of women. of for room whilemore viewpoints allowing law the the of area School Law the at center A new Justice Reproductive Carr Center, is a longtime civil rights scholar and and scholar rights civil a longtime Center, is Carr In herkeynote at theCarr address Center’s inaugural conference, University Professor Carol Gilligan, of amember the law and procedure in a frame of federal and state state and of federal aframe in procedure law and force Beth Nash, an investment professional recently recently professional investment an Nash, Beth force featured discussion of topics such as women’s rights women’s as such rights of topics discussion featured law. constitutional care health reproductive to relating on projects icy Proj Freedom ACLU Reproductive the with rated and strengthen as we affected directly communities diverse the with engagement have close we will result, intersec the at occurs often most rights fundamental repro individual exercise and health reproductive policy, medical ethics, family law, and criminal law, criminal and family ethics, policy, medical Reproductive new the teaches She also practitioner. Law the up with teamed interests, legal pursuing body of law that ensures reproductive justice for all.” justice reproductive ensures of law that body ultimately go beyond prevailing strategies to build a a build to strategies prevailing gobeyond ultimately address the social, economic, and political conditions conditions political and economic, social, the address tions of race, socioeconomic status, and gender. As a a gender. As and status, socioeconomic of race, tions attain to people formany so it impossible make that to awillingness requires justice ter. “Reproductive ect, the Center for Reproductive Rights, and National National and Rights, for Reproductive Center the ect, on assault direct “The Burns. says rights,” ductive happen. center the make to School motivating The complexity. multidisciplinary of its are vital to maintaining avieware tomaintaining of vital theworld that deniesinterdependence. women Because live intimately withmen, center’s advisory board, examined of board, absence many women’scenter’s thelongstanding advisory inthereproductive voices justicedebate. pendence andvulnerability—and iswhat we about. want don’t this,Isuspect, totalk manhood that hidesvulnerability. Thepregnancy dilemmawas revealing interde itilluminated precisely because - difficult subject for us to talk about. Moredifficult subject about. difficult talk forus to perhaps, now, given thattheadvances of thepast half-century terms of thepublicconversation. Iamnotalegal scholar, buttobringthehumanity and humaneexperiences that have brought thecontradictions between patriarchy that anddemocracyoutinto theopen.Isuspect be heard asgermane to reproductive rightsandfreedom. framework inwhichconcerns aboutresponsibility andrelationships andarecognition can of entails what caring women centrally represent inourstrugglesover reproduction and its regulation intothelaw meanscreating a when we fight over regulating reproduction, thisiswhat we are fightingabout. really whether asmothersorsisters ordaughters orlovers, women’s animage topreserving of silenceessential isalso

Gender is at the heart of ourbattles overGender isat the heart reproductive rights,andit is my impression that gender remains a I don’t thinkit’sI don’t possibletoachieve reproductive justice ortohearthevoices of women withoutchangingthe In April, the Carr Center’s first annual conference conference annual first Center’s Carr the April, In collabo have already clinic and center Both of the director faculty Burns, Sarah Professor for Reproductive Justice aims to bring greater greater bring to aims Justice for Reproductive attention and resources to an area of the law of the area an to resources and attention Center Law’s Carr NYU October, last aunched that had been perhaps marginalized, because I amsuggesting that theinattention to‘woman’ inherrichdiversity of andthedismissal herexperiences as inconsequential toreproductive rights law are notsimplyan oversight oraninstanceof misogyny. They

helps illuminate a complicated and controversial controversial and acomplicated illuminate helps - - - - -

“and I look forward to following their work.” their following to forward Ilook “and Carr Center will allow a group of faculty, students, students, of faculty, agroup allow will Center Carr ing area of the law,” says Dean Trevor Morrison, Morrison, law,” Trevor of the Dean area says ing reproduc womenand of color care, health regarding and fellows to give intense focus to this develop this to focus intense give to fellows and to constitutional personhood. “I’m thrilled that the the that “I’m thrilled personhood. constitutional to rights of reproductive relation the and justice, tive Nash Gilligan Burns “

- -

“Transforming theAcad- Report Progress course at NYULaw. Itmay celebrated progress by re- emy: Developing Early also acknowledgedalso there School of Law onhowto Success intheLaw.” Inher Strategies for Women’s of Seton Hall Universityof SetonHall withRachelsession Godsil surprising today, suchas Women’s 2014Summit, inthenation. She school of itskindat any law Women andtheLaw In 1969,Diane Abrams recognize andovercome made, notingthesummit mixed-gender counsel membering incidentsfrom returned 45 years later to type threat. to thebench.Butshe the 1970s that would seem thevery first taught implicit biasandstereo- included aninteractive was more progress tobe when calling agroup of when calling judges saying“gentlemen” have beenthefirst course luncheon speech,Abrams lead a discussion at Law lead adiscussion

75 PROCEEDINGS 76 WWW.LAW.NYU.EDU “Queen of Torts,” spoke ’65, a partner at Quinn ’65, apartner to Heal to Helping Helping Alumni Luncheon last At NYULaw’s Annual 11th Victim Compensation earned her the nickname earned herthenickname January, SheilaBirnbaum years since 9/11,for people an expanded scope. De- as thecurrent special about herexperiences said, “Though for usit’s “Though said, 13 Birnbaumof oneclaimant, therawscribing emotion special master Kenneth original iteration of the mass torts litigation has mass torts real today asitwas then.” master of theSeptember Emanuel Urquhart &Sul- Feinberg ’70. In2011,the Fund, created by Congress that were there…it’s as in products liability and fund was reopened with fund was administered by in 9/11’s aftermath. The livan whose iconiclivan whose stature

of Publicly Arguing Privacy Arguing Publicly william carter jr. william Amendment—either it refers solely to chattel slavery, slavery, chattel to solely it refers Amendment—either the in potential unexplored its and Amendment Nelson Nelson case. Circuit aSecond with Amendment 13th Ameri in on Race Lecture Bell Derrick annual 18th Byn Slavery Beyond arose from the killing of a Jewish of aJewish killing the from v. arose UnitedStates of subordination that supported an ideology of white of white ideology an supported that of subordination that argued Carter broadly. more defined be or it can 13th on the of Law, School focused of Pittsburgh can Society last November. last Society can Heights riots. The defense argued that a federal hate hate a federal that argued defense The riots. Heights man by an African American during the 1991 Crown 1991 Crown the during American African an by man of cus infrastructure “surrounding the with pense toms, practices, and the systemic entrenched forms forms entrenched systemic the and practices, toms, dis to meant slavery. They chattel outlaw simply to intend not did Amendment 13th of the framers the supremacy and enabled the system of slavery.” system the enabled and supremacy swung between two poles in its reading of the 13th 13th of the reading its in poles two between swung The Supreme Court, Carter said, has historically historically has said, Carter Court, Supreme The Carter illustrated the potential broadening of the of the broadening potential the illustrated Carter , dean of the University University of the , dean [email protected]. Please contactNick Vagelatos at212.998.6007or Find outhowyourfirm’s contributionscanberecognized. willkie farr & gallagher llp weil, gotshal&mangesllp wachtell, lipton, rosen&katz cravath, swaine &moorellp cahill gordon&reindelllp paul, weiss, rifkind, wharton &garrisonllp debevoise &plimptonllp sullivan &cromwellllp stroock &lavan llp fried, frank,harris, shriver&jacobson llp - - - 42nd S. annualOrison Marden Competi Moot- Court Troupson ’14andJulie Simeone R)for ’14(L, thepeti The final round of theNYULaw Board’s Moot Court crimes law was meant only to protect blacks, not to to not blacks, protect to only meant law was crimes with the slave system,” and that this case showed that that showed case this that and slave system,” the with search andseizure of alaptopwhenthedefendant was centeredcase issuesinvolving onprivacy theborder der, andSecond Circuit Judge DennisJacobs ’73. The vatore Assante v.vatore Assante United States of,withTheresa America returning from abroad. William Freeland ’15andPeter Dubrowski R)represented ’14(L, therespondent in Neil Gorsuch,Sixth Circuit Judge Chief Alice Batchel- not just African Americans but everyone. buteveryone. Americans African just not prosecute them. But the court rejected that claim. that rejected court the But them. prosecute tioner. ThejudicialpanelnamedSimeone bestoralist. tion gave four finalistsachance toargue lastApril the 13th Amendment could be extended to protect protect to extended be could Amendment 13th the associated “closely was background of his because tim before abenchthat included(L-R) Tenth Circuit Judge Carter explained that the targeting of a Jewish vic of aJewish targeting the that explained Carter Sal -

- - “Cars today don’t pollute nearlyasmuchandtheirfuel today pollute “Cars don’t Chief Judge and Catalyst Bold Financial Statements Financial Bold William J. Brennan Jr. Lecture on State Courts and and Courts on State Jr. Lecture J. Brennan William You went full speed ahead in advocating for advocating in ahead speed You full went 34 years34 at JPMorgan anditspredecessors, Chase running thebank’s equity markets group, capital itsprivate I had things in my mind from a 40-year career in in career a40-year from my mind in things I had N naway shortly before he delivered the 20th Justice Justice 20th the he delivered before shortly naway initiatives. other among riculum, He has 2009. in judiciary state of the head the ing is a brief excerpt from a longer Q&A. alonger from excerpt abrief is pushed for publicly funded civil legal services for services legal civil funded for publicly pushed given thefinancialcrisisanddamage inits itleft wake.” Staley then offered causes threedetailed specificand the courts. The access to justice issue was first in first was issue justice to access The courts. the Below March. Revolution,” last Justice to Access the law allowing program scholars bono apro poor, the Social Justice, titled “The Judiciary as the Leader of of Leader the as Judiciary “The titled Justice, Social Gan Atticus Writer Staff Senior with for change drive a partner at Sullivan &Cromwell at Sullivan andaLaw Schooltrustee.a partner Before joiningBlueMountain in2013,Staley spent JPMorgan is not large Chase it wants just because to be. and thesize of financialplayers suchasJPMorgan Chase. a refreshing admission:“Before Ianswer letmesaythat thefinancial community that, has alotto atone for efficiency is vastly superior, but we no longer have any compensation structures. issues originate? originate? issues fireside chat between James “Jes” Staley, and of BlueMountain Capital, managingpartner Kenneth Raisler ’76, It islarge itsclientswant because ittobelarge.” access to justice shortly after becoming chief chief becoming after shortly justice to access service, and a rethinking of the current legal cur legal current of the a rethinking and service, bono of pro reporting mandatory time, full service public doing semester final their spend to students Last January, theNYUJournal of Law particularly stemming fromparticularly incentives perverted and regulatory oversight’s failure tokeep upwiththeevo judge. How did your passion for this set of set for this passion your How did judge. ment that any securities ratedment that any securities AAAwere effectively risk- regulators, andinvestors, includingwidespread agree Eurozone credit thesame risk asany other; posed that have rarely toppedmore popularlistsof culprits: ahandful of collective mistakes by bankers, academics, idea howthey work. That’s theprice of complexity.… free inthenewly andtheideathat any country formed bank, management itsasset business,and,lastly, itsinvestment banking division. lution of financial markets; and Wall Street’s conduct, Staley went ontodefend modern financial techniques Raisler began by askingStaley whatof hethoughtwere thefinancialcrisis,prompting causes theprimary Lippman agreed to discuss his motivations and and motivations his discuss to agreed Lippman vices and equal access to justice since becom since justice to access equal and vices has advocated passionately for civil legal ser legal for civil passionately advocated has ew York Chief Judge Jonathan Lippman ’68 Lippman Yorkew Jonathan Judge Chief When I became the chief judge, judge, chief the Ibecame When & ’s Business annualsymposium featured akeynote intheform of a ------

What do you see as the endgame in your advo your in endgame the as yousee do What Equal justice is the endgame, and we are pursuing pursuing we are and endgame, the is justice Equal what we call the justice gap. justice the we call what my priorities as something I immediately wanted wanted Iimmediately something as my priorities concept of justice real, concrete. All of us must have must of us All concrete. real, of justice concept us should be doing every day—pursuing justice. justice. day—pursuing every doing be should us cacy for civil legal services and pro bono partici bono pro and services legal for civil cacy that goal with all of our energy. That is what all of all what is That energy. of our all with goal that to pounce on. On top of all that, I came into office office into Icame that, of all top On on. pounce to our day in court, no matter what resources we have. we have. resources what nomatter court, in day our pation? pation? shortly after the economic crisis, which so widened widened so which crisis, economic the after shortly What I am trying to do is make this abstract abstract this make do to is trying I am What

- - Administrations.” Municipal andState the Empowerment of tion HasEncroached on Mexico’s Federal Taxa- Taxation lastfall on“How Lecture onInternational nual David R. Tillinghast presented the18than- of finance, secretary can Mexico andformer Mexi- president of Telefónica Francisco Gil Díaz, Over from All Notes Tax Raisler, Staley

77 PROCEEDINGS 78 WWW.LAW.NYU.EDU very well in our world. In world the of world. wellinour very elections, onceelections, an election happens, “Post hoc remedies don’t work remedies “Post hoc it’s over. cares.” No one D voting laws or procedures. or procedures. laws voting House counsel, said that the obvious problem of problem obvious the that said counsel, House White former and Committee National Democratic

Righting Voting Wrongs Fall Conference had strong prescriptions for how to fix the current system. current the for fix to how prescriptions strong had Fall Conference for convening Alumni Association’s the Annual experts electoral of group An eclectic long lines—a notorious emblem of the 2012 election election 2012 of the emblem notorious lines—a long elections” in systems voting our to respect have with complex reform can be. can reform complex how unexpectedly showing machinery, functional misman place polling including causes, multiple elec current identifying that explained istration, to we seem embarrassment constant “the issues: agement, long and complicated ballots, and dys and ballots, complicated and long agement, co-chair as well as Law NYU at lecturer senior and opin Court’s Supreme of the consequences the and that prompted Barack Obama to say in his victory victory his in say to Obama Barack prompted that the to counsel general also Bauer, whois them. solving than straightforward more is problems toral to changes for any preclearance federal obtain to of disarray. astate in is system electoral the of the Presidential Commission on Election Admin on Election Commission Presidential of the speech, “We’ve got to fix that”—could stem from stem that”—could “We’ve fix to got speech, of sets broad Law, out two laid of Constitutional sor julie fernandes julie Robert Bauer, distinguished scholar in residence residence in scholar Bauer, distinguished Robert Moderator Richard Pildes, Sudler Family Profes Family Sudler Pildes, Richard Moderator Issacharoff; Fernandes; Bauer; Pildes; Benjamin Ginsberg, co-chair of the Presidential Commission on Election Election on Commission Presidential the of co-chair Ginsberg, Benjamin Pildes; Bauer; Fernandes; Issacharoff; Fall Conference all seemed to agree that that agree to seemed all Conference Fall the NYU Law Alumni Association’s Annual Annual Association’s Alumni Law NYU the experts who gathered last November for November last who gathered experts law the voting differences, their espite Administration; Pérez; Professor Spencer Overton of the George Washington University Law School; Ho Ho School; Law University Washington George the of Overton Spencer Professor Pérez; Administration;

Holder requiring municipali ion in ion in ties with a history of ahistory with ties Act Rights Voting the defanged the section of section the defanged electoral discrimination discrimination electoral , which effectively effectively which , Shelby County v. County Shelby ------

“In the world of elections, once an election happens, happens, election an once world of elections, the “In While 2012 was a banner year for attempts to restrict restrict to for attempts year abanner was 2012 While Professor of Constitutional Law, described a con a Law, described Constitutional of Professor Project. Rather than cutting off potentially discrim potentially off cutting than Rather Project. was Dale Ho, director of the ACLU’s Voting Rights ACLU’s Rights of the Voting Ho, director Dale was flicted bipartisan environment that is much more that environment bipartisan flicted lems in more places now that the burden of proof is is of proof burden the now that places more in lems prob worse Ho predicted fact. the after only lenges chal now mount can laws of such victims he said, had been, and suggested that the courts were work were courts the that suggested and been, had nan Center for Justice, described legislative trends trends legislative described for Justice, Center nan ing to construct a new constitutional doctrine pro doctrine constitutional anew construct to ing South Crow Jim Democratic the than complicated make restricting the right to vote toxic,” she said, toxic,” vote said, to she right the restricting make country. the around states in rights voting regarding it’s over. No one cares.” implementation, their before laws voting inatory pondered the end of preclearance. “Post hoc rem hoc “Post of preclearance. end the pondered also Foundations, Society Open the at analyst policy bills introduced. “We need to continue the effort to effort the continue to “We need introduced. bills being expended on litigation. expended being but at least it’s exciting,” he said wryly. he said it’s exciting,” least but at against insiders’ manipulation. insiders’ against adding that the effective dismantling of Section 5 of 5 of Section of dismantling effective the that adding the franchise, she said, 2013 had seen far fewer such fewer such far seen had 2013 said, she franchise, the Law’s Bren NYU at Program Democracy oftor the process electoral the and integrity voting tecting the Voting Rights Act translated into more resources resources more into translated Act Rights Voting the edies don’t work very well in our world,” she said. world,” our in said. she well don’t work very edies us, of ahead battle “Wean uphill have on plaintiffs. Adjunct Professor Myrna Pérez, deputy direc deputy Pérez, Myrna Professor Adjunct In a spirited speech, Julie Fernandes, a senior asenior Fernandes, Julie speech, aspirited In Samuel Issacharoff, Bonnie and Richard Reiss Reiss Richard and Bonnie Issacharoff, Samuel Speaking directly to that sea change in litigation litigation in change sea that to directly Speaking Atticus Gannaway Atticus ------

F “Which Recent Case Lost in the Supreme Court Can Can Court Supreme the in Lost Case Recent “Which An Incident Report The Bernstein ChinaSymposium, hosted lastAprilat Guangcheng, theblind,self-taught civilrights Chinese School, a dean emeritus of and theState that school, De- offers “broader lessons for humanrightsadvocacy and fromsion—when heescaped arrest house andsought Koh, Sterling Professor of International Law at Yale Law NYU Law by the US-Asia Law Institute and Human Rights The Work Good Continues incident” (which also involvedincident” (whichalso Professor Jerome Cohen). ChenGuangcheng “the of what hecalled the wholestory in China,culminated inaclosingkeynote by Harold role whichwas inhistalk, thefirsttimehehadever told partment’s former legal adviser. Koh focused onhislatter refuge withintheUS embassy inBeijing inApril2012, what it illustrates about smart powerwhat inaction,” itillustrates aboutsmart Koh. said discussion of Supreme Court cases by former Hays Hays former by cases Court of Supreme discussion director of the Hays Program; and a keynote speech speech akeynote and Program; Hays of the director Rudovsky ’67, founding partner of Kairys, Rudovsky, Rudovsky, of Kairys, ’67,Rudovsky partner founding David included panelists The Right)?” Have Been co- and Psychiatry and of Law, Medicine, Professor fellowship of anew announcement the Fellows; lawyer whosparked international attention—and ten Meeropol ’02, senior staff attorney at the Center the at attorney staff ’02, senior Meeropol ’94, exec deLone Madeline &Feinberg; Messing and academic support. A celebration last October of of October last Acelebration support. academic and Civil Libertarians Best Live With (and May Even Even (and May With Live Best Libertarians Civil Union. Liberties Civil named after Sylvia Law ’68, Elizabeth K. Dollard Dollard K. ’68, Law Elizabeth Sylvia after named utive director of the Innocence Project; Rachel Rachel Project; Innocence of the director utive the program’s 55th anniversary included a critical acritical included anniversary 55th program’s the by Susan Herman ’74, the president of the American American of the president ’74, the Herman Susan by The example of US efforts on behalf of Chen In the opening panel, Hays alumni considered considered alumni Hays panel, opening the In est careers by providing them with a stipend a stipend with them providing by careers est has Program Hays the acentury, or over half - inter public pursuing law students nurtured Law - - “It’s anexample of smart and I think it should be how this case isremembered.”and Ithinkitshouldbehowthiscase a modernreality andthenleveraging itasatoolof smart aways, Koh involve said, 45 years since then of bad law.” of bad then since years 45 said. “Wesaid. engage with cidents inChina,lawyer NYU Law duringthe2014–15 year. academic the Chinese government.the Chinese Translation—adapting law to ing innegotiations, and the role of precedent in power. tobeabroad That seems approach that works, power, engagement,” he previous humanrightsin human rightsstrategies. of reengineering our thoughts, reconsidering, and and reconsidering, thoughts, our of reengineering Don’t Tell” of “Don’t Ask, repeal the in culminating bar to right Amendment for aFirst argued cessfully unsuc policy Don’t Tell” “Don’t Ask, the to objected others, and Fellows Hays my fellow careers, legal our was not protected by the First Amendment. Rudovsky Rudovsky Amendment. First the by protected not was gized bygized that process—the protest process—than card adraft burning that ruled Court the graduation, arguments in court,” Rudovsky said. The reaction reaction The said. Rudovsky court,” in arguments much ener were more students] “[The protest. and humor, “And now we have so rueful with added military recruiters from their campuses. Although Although campuses. their from recruiters military v. Rumsfeld FAIR In forward. many. but launch We to about were cases, all not ning using some other methods to reach the same result.” result.” same the reach to methods other some using co-director of the Hays Program, had asked these these asked had Program, Hays of the co-director and of Law Professor Stokes A. Grace and I. erick the other side prevailed, that loss yielded discussion discussion yielded loss that side prevailed, other the his after soon But bright.” looks future the thinking In posing the initial question, Norman Dorsen, Fred Dorsen, Norman question, initial the posing In in 2010. This case, he concluded, affirmed “the power power “the affirmed he concluded, case, 2010.in This rights, LGBT about conversation a larger informed recall a time when this panel’s question would not not would question panel’s this when atime recall 1967, in graduated he could Having story. poignant - deci “bad as dismissed be simply otherwise might that cases reframe work to hard—to fellows former ’10, Goodman Rachel and Rights; for Constitutional have been so relevant. “Civil libertarians were win were libertarians “Civil relevant. so have been staff attorney at the ACLU Racial Justice Program. Program. Justice the Racial ACLU at attorney staff sions” by a conservative Court. aconservative by sions” The important take The important Koh inresidence beadistinguished scholar will at And yet, he said, he and his colleagues still move still colleagues his he and he said, yet, And Before discussing his case, Rudovsky shared a a shared Rudovsky case, his discussing Before - - - (2006), law schools that that (2006), law schools Cohen, Koh Cohen, - - - -

400 students. to help fund more than raised$63,000auction legal careers. The2014 stepping stonestotheir mer work experiences as stories of alumni’s sum- slideshows featured the anniversary. Posters and 2 interest work for 1 summerpublic support Public Interest Law Center evening that helps the annual student-organized Public Auction, Service the This year NYULaw’s 20 Going Once… Going Ls, marked its20th Times….

Ls and

79 PROCEEDINGS 80 WWW.LAW.NYU.EDU As transportation secretary secretary As transportation became, at 38, theyoungest mayor inthecity’s history. city council. After two terms serving onthecouncil, Foxx ment branch, practiced privately, andran for Charlotte arship at NYULaw. inevery federal Heserved govern- integrated Foxx school, went ontoaRoot-Tilden Schol - fifth-generation Carolinian North family to attend an themoresuccesses impressive. all Thefirst of his follow hispath. career andoffered advicewho tothose would like to thechoicesdescribed hemadeinhispublicservice March, US Transportation Anthony Foxx Secretary ’96 In theFrank J.Guarini Government Lecture last Journey Secretary’s Transportation A reason tocelebrate. giving bothsidesample Deans’ Cup raised$21,000, 9–4.rivalry Thisyear’s leadstheseries NYU still Columbia prevailed 74–56, winning streak. While Law School’s five-year endedthe both schools, public interest funds for ketball game that raises annual Deans’ Cup, abas over NYULaw inthe14th Columbia Law’s victory Over is Run Cup The of possibility, you get can anawful lotdone.” decision maker,”the sole “Butwithinranges hesaid. to get thetype of results that you would get ifyou were fund, by reaching across theaisle. “You’re never going issues, suchasthenear-insolvency of thehighway trust Foxx’s humbleoriginsmake hiscareer

- he has tackled daunting daunting he hastackled 2013, Housing and Urban Development Secretary Secretary Development Urban and Housing 2013, Full Speed A-HUDFull Rebuilding Task Force. Donovan, a former fellow at at fellow aformer Donovan, Force. Task Rebuilding in an appearance at the law at the school appearance an in like Sandy and describing the ways that the federal federal the that ways the describing and Sandy like storms withstand to howrebuild New York can City align its funding with local rebuilding efforts. efforts. rebuilding local with funding its align government had responded to the disaster. He also He also disaster. the to responded had government Policy, Urban and Estate on Real Center Furman the discussed the need for the federal government to to government federal for the need the discussed Sandy Hurricane president’s the chairing ences - experi illuminating his detailed Donovan Shaun spoke about the work of the task force, focusing on focusing force, task work of the the about spoke Donovan

in August A Good Review Good A DC, as OIRA administrator, Shelanski outlined his his outlined Shelanski administrator, OIRA as DC, Order 12,866, signed by President Clinton in 1993 to in Clinton President by signed 12,866, Order Workshop, Advocacy Issue and Analysis Cost-Benefit (OIRA), Affairs Regulatory and Information of Office howard shelanski has made, and examined elements of cost-benefit of cost-benefit elements examined and made, has The Integrity. for Policy Institute Law’s NYU held by include making the review process more predictable predictable more process review the making include priorities current Shelanski’s regulations. reviewing is job biggest its burden, undue an not is mation cost- including regulations, developing when follow ment on proposed rules and influence policy, and policy, influence and rules on proposed ment priorities for OIRA, discussed the progress his office office his progress the discussed for OIRA, priorities based standards. OIRA operates under that order. that under operates OIRA standards. based performance- and assessment, risk analysis, benefit benefits of regulation, to those who wish to com to wish who those to regulation, of benefits analysis. Although OIRA has other duties, such as as such duties, other has OIRA Although analysis. gave the keynote last October at the fifth annual annual fifth the at October last keynote gave the tions require of them.” of them.” require tions regula the changes for any plan whomust those to while transparency, and timeliness greater through ensuring that the government’s collection of infor collection government’s the that ensuring establish principles that government agencies must must agencies government that principles establish of Executive anniversary 20th the celebrated event ski, “are harmful to everyone: to those who lose the the wholose those to everyone: to harmful “are ski, analysis. rigorous appropriately in engaging still “Unnecessary delays in review,”Shelan in delays said “Unnecessary In his first public address outside Washington, outside Washington, address public first his In , the administrator of the of the administrator , the - - - - Relevant Parties

82 Convocation speaker Sherrilyn Ifill ’87 addresses the Class of 2014

84 Graduates reflect on their law school experiences 86 Hooding photo album

90 NYU@NUS: The finale—with cake!

91 Reunion 2014 in photos 92 Scholars and donors meet

93 Paul Berger ’57 honored at Weinfeld Gala 82 WWW.LAW.NYU.EDU “Leadership isachoice. “Can imagine if you “Whatever our choose to act andwhat among theamong fortunate of highereducation It’s howyou about you choose toyou do.” real world aswe have motivations, we are we were inthe asbold for whomfor the doors have opened.” stephanie chu been here?” dean trevor morrison david leapheart

“Engage in the Work of Perfecting This Democracy” Therefore, Ifill told the graduating class, “I cannot cannot “I class, graduating the told Ifill Therefore, gap. income ever-increasing the closing to ceration - incar mass addressing to rights voting securing from rights, civil of improving terms in cover to ground immense is there saying added, she equality,” said. old,” Ifill years 60 than less it is know to leged privi Ihave been you and as country this that is means that what sophistication, cosmopolitan our of all in diversity, of our today, all here in sitting us v.Brown Education of Board of anniversary 60th the and Summer, of Freedom anniversary 50th the Act, Rights Civil of the anniversary 50th path. career chosen their no matter lawyer rights a civil be wayto a find to lawyer every urged ’14. ChuLLM Stephanie and ’14 Leapheart David graduands and Sexton, John President Welters ’77, NYU Anthony Chairman Board Morrison, Trevor Dean by speeches and bagpipes included that achievement academic of celebration afestive capped Fund, Educational and Defense Legal NAACP of the director-counsel and president democracy.” Ifill, this “perfecting in R America is still “relatively new at this thing called called thing this at new “relatively still is America the marks 2014 that She noted speaker, final and the keynote Ifill, graduating JD and LLM students to join her her join to students LLM and JD graduating exhorting speech convocation gave astirring ’87 Ifill Sherrilyn victories, rights civil major of anniversaries significant the on eflecting . “What that means for means that . “What - you take.” you course what no matter You’re criticized be to going making this great, but flawed, democracy better.” democracy butflawed, great, this making in leadership and commitment, innovation, their for recognized who are graduates Law of NYU roster overflowing that join you will That of opportunity. and equality of ethics the with be, might field ever it what in practice, your infuse you will That work. rights civil in my colleagues my partners, become you will that is of you today “My for all hope ing: maintenance.” racy work of democ necessary, but hard, the in engage to obligation lawyer’s every “It is said. she full-time,” practice this to ourselves have who committed of us those or even lawyers or gay or women lawyers yers law black by done only work not Itbe to is nance. mainte work of democracy the work is rights civil democracy.” this work of perfecting the in engage to obligation your you from release Ifill returned to her original theme in her clos in her theme original to her returned Ifill because lawyer rights a civil be to “You called are women. Just do you. You’re do you. Just women. awoman. toward directed imperatives of other any number or confident,’ ‘be ‘thrive,’ in,’ ‘lean to is advice that whether on how ‘do’ to womanhood, advice to listening against Iadvise do so…. to compelled but Ifeel you, to remarks special address have to I shouldn’t “Women, message: aparticular had For the women graduating, Ifill also also Ifill women graduating, For the n - - - - - NYU President John Sexton John President NYU Convocation 2014Convocation may 22, may 2 014 Board Chairman Anthony Welters ’77 Welters Anthony Chairman Board 83 relevant parties 84 WWW.LAW.NYU.EDU Reflections an asylum interview— appeared in court, and incourt, appeared Legal Intern, LGBT Rights Clinic represented aclient in really work impactful Equal Justice Initiative Ford2L summer: Foundation Law SchoolFellow, FrancisBrittany that has enabled me that hasenabled to understand more asylum seekers. I’ve “My work focused about how theUS about system operates.”

on helpingLGBT immigrants and taken affidavits, David Glasgow LLM Environmental Law Journal Executive Editor, NYU Nina Xue Co-President, International Law Society Paul Mertenskoetter 2L Internship: Office IRS of Chief Counsel, Graduate Editor, Tax Law Review Dana Peterson LLM David Holmberg International Finance andDevelopment Fellow at theWorld Bank Ikemefuna Stephen Nwoye LLM of Veterans the Education and Garen Marshall Representation Founder, Students for their side, anditgavetheir side, mea solid foundationfor when 2L summer: Ford2L summer: Foundation Law Business thatwereBusiness cross- School Fellow, Vera Institute of Justice Siobhan Atkins junior level on islearning the Jacobson Leadership “I took classesoffered“I took in helped meunderstand helped I start doing corporate doingcorporate I start what atthe someone registered withMBA Program inLaw and students atStern.It transactions work.” Co-President, International Arbitration Association

Shoyeb Siddique AnnemarieHillman and experiences asClassof 2014 students Graduateslook back at their accomplishments Semester abroad: NYULaw inBuenosAires studies overseasstudies andinvited AnBryce Scholar, William Randolph HearstScholar Lauren Pignataro Committee, Property and Intellectual Co-Chair, Internet andInformation Law Grant Tse Entertainment LawEntertainment Society lutely wanted to participate in thesemesters abroad we had developed. Itwas alife committee. As a 3L, I abso- Iabso- As a3L, committee. “During orientationweek“During thinking about setting up setting thinking about as a 1L, Iwasas a1L, inspired by me to be on the steering onthesteering me to be for global programs, so I emailed her.I emailed Shewas changing experience.” an event withadean Semester abroad: NYULa M ichael Goon w inParis Clinic: LegislativeClinic: andRegulatory Process (inWashington, DC) Kimberly Chow ➤ is usingallitsresourcesto to doeverything possible prosecute achild, Iwantprosecute people usingeverything people Anisha Mehta Semester abroad: NYULaw inShanghai Corporation Fellow Cheng Jean Liang LLM International Finance “When thegovernment“When need someone intheir someone need corner whencorner there are 1L Internship: Louisiana Center not succeed. Children succeed. not to make sure they do in their legal arsenalin theirlegal Clinic: JuvenileClinic: Defender Suspension Representation Project Senior Advocate, Jeffrey Silberman Dana Williamson for Children’s Rights against them.” 85 relevant parties 86 WWW.LAW.NYU.EDU Rebec M Isaac Raisner withhisbrother-in-law andsister, ichael Francus LL and brother-in-law, Trustee ChuckKlein’63 ca Francusca withherfather, M David Babbott-Klein withhisfather-in-law fa ary Graceary White withher ther, John White LL Robert Fisher ’12andSara Raisner ’09 M ’85 and M ’86 A ndre w Klein’07 Jonathan Lockhartwithhis father, James LockhartLL Glasson PollockGlasson ’57 grandfather, Trustee Stewart Stewart Gilson withhis of 2014 of The Class M ’91 Samantha S Donna Steinfeld ’82 andRobert Steinfeld LL teinfeld withhermotherandfather, A fa lexandra Samowitz withher ther, Samowitz ’85 Cary husband, Tzu-Hsuan Chenwithher Y en- A n ChoLL M ’81 M ’11 John Sexton, N K N atherine Sexton withherfather, Y U Law DeanE Stanley Bulua’79, LL Scott Buluawithhis f uncle, William Bernstein ’82 Nicholas Bernstein withhis Y U Pr meritus esident and M ather, ’84 Enrique Urdaneta Cordido- Families Enrique Urdaneta M Professor Gerald Rosenfeld andDr. Judith Zarin Legacy atthew W Freytes withhisfather, Barry WeprinBarry ’78 andPatricia Langer ’79 Jack Zarin-Rosenfeld withhisparents, eprin withhisfather andmother, M CJ ’76 George Zeitlin LL Samuel Z eitlin withhisgrandfather, M Jonah Peppiatt withhisstepfather, M alcolm Spec ’61 Gregg M tor ’94 arc M M armaro ’72 andR armaro withhisuncleandfa Trustee Florence Davis ’79 Sheila Baynes withheraunt, ichard A grandfather, thelate Joseph Halpern ’42 Judith Hal M lexander Levy withhismother, armaro ’75 ther, Robert Tierman ’79 M pern, standing inforpern, standing ax Tierman withhisfa A lexander ther, father, Robert GreenwaldBecky withher ’s and nowhus J LL ulianne M ’12 A mother, ShanaNovick ’81 William Ryan James withhisuncle, A ry brams ’63 M eh Roskies withhis arley withthen-fiancé band Julian M yers ’92 A ra to ’11, 87 relevant parties 88 WWW.LAW.NYU.EDU J Quackenbush ’82 Scholar( Smith w acob M arley Founda as hoodedby Dr. GailQuackenbush Julian Ginos w Juliette Brisman-Zuckerman M ark Brisman tion in memory of Christopher tion inmemory A nBry ce Program) as hoodedby M emorial Scholar A rin Tilden-Kern Program Starr Trustee Florence Davis ’79 (C.V (front row) Hannah (Global Law SchoolScholar), Scholar), Olena Sharvan Scholar), OlenaSharvan School Scholar),Santiago Sonja Sreckovic (GlobalLaw Scholars (backrow, from left) Bejarano (GlobalLaw School Foundation Scholar) Elizabeth DeGori(Root- hooded Starr Foundation A Todoroff (Carroll and Trustees, hooded of theLaw School’s Board of and Quackenbush ’82 Scholar), (Clifford Chanc (Kenneth andKathryn Chenault CharlesSwinger Conley (Judge (front row) Roxanne Wright (William Randolph Hearst Smith ( Scholar), and Scholar), Kadeem Cooper Scholar), Petrie Founda Program Scholars(backrow, in memory of Christopher in memory from )Lauren left Pignataro nthony W . Starr Scholar),and M arc Pla E. Jacob M elters ’77, chairman ichael Canencia M A tion Scholar), e Scholar),Joel riel Lo tt Scholar) arley Founda M A nBry enda M ve (Julie ve (Julie ilton ce A tion rin A and SheilaBaynes were hoodedby Trustee Jay Furman ’71 Furman nkur M A andhania, cademic ScholarsJuliancademic G Trustee John J.Creedon ’55,LL and John J.Creedon ScholarsSarah Sullivan M Judge CharlesSwinger Conley Wright was hoodedby Conley Ellen Scholar ( aria Ponomarenk M WilmerHale Scholar(Root-Tilden- Kern Program) Sara hooded by E . Cor ey were Connelly hoodedby A nBry inos, Daniel Nowicki, ce Program) Roxanne rin Sloane’03 o, Cynthia Benin, M aeder was M ’62 Benjamin Jac by Scholars andDonors Hoerger were hoodedby Warren Sinsheimer M A Sinsheimer Scholars(Root-Tilden- Service lex Weinberg E. Scholar ark Hoenig ’81, LL Kern Program) Jesse Rockoff and Rachel obs was hooded M ’87 Cesar Francia Rivero was hooded Pfeif by Thomas He was hoodedby Lois Weinroth Luis Fernandez delaVara M er-Gans Family Scholar axwel l Pfeifer ’49 ftler Scholar Trustee (R00t-Tilden-Kern Program) LaRochelle were hoodedby William Brewer IIILL Krista was Hartwell hoodedby Bickel &Brewer Latino Institute for Human Rights Scholars M . CarrFer Leila S Derrick Bell ScholarsforDerrick Bell Public (BL Service hooded by Janet Dewart Bell M . CarrFer guson Scholar guson ukjoo Kang andCesar Francia Rivero were guson LL guson M A my P ’60 J. Guarini ’50, LL Jain, David Leapheart, Government Scholars (front row) Julia Pilcer, (back row, from left) Wendy Liu were hooded Sheila Baynes, and St Frank J.Guarini Paul Nicholas by theHonorable Frank ont andChristine ewart Gilson, Varun M ertensk M elvoin, A M oetter, P M ’78 A ’55 ) 89 relevant parties 90 WWW.LAW.NYU.EDU “The opportunity to have “The professors, including around thearound world, were gotten to knowthe grateful for.” the party-promoter, the the food-blogger, the those all visitingfrom mother, the bride-to-be, musician, the wonderful wood fan, guy, thewood good vegetarian, the Bolly- fascinating.” is what Ifeel most loving husband, the switzerland bookworm, the ninja, bookworm, mona boughaba, paiz, guatemala eduardo rosenberg Martin Edelman Martin recipient degree Honorary

with that sharply contrasted rate crime low The him. had inspired lifeSingapore in day-to-day how expressed temala ’14 of Gua LLM Paiz Rosenberg Eduardo of 2008. Class the cohort, first very the from turnout largest the with globe, of the corners all from in flew They back. welcomed were alumni all accomplishments, program’s the toast to year, This years. six first its women during and men work together. to ways new find to NUS and for NYU achance and era of an end the both one,” marking bittersweet yet countries. 15 from people of 21 class knit a close- graduates, final the addressed of NUS, vost pro and affairs for academic president deputy Tan, Chye Eng Professor convocation. last very program’s the celebrate to 3 March on hotel Singapore Raffles the at (NUS)—gathered of Singapore University T Convocation Bittersweet A Student speaker speaker Student a“special as day’s ceremony the described Tan Founded in 2007, NYU@NUS graduated 237 237 graduated 2007, in NYU@NUS Founded between NYU School of Law and the National National the and of Law School NYU between partnership Lawyers—a Business for Global Program Master’s Dual of the class he seventh Commencement 2014 Commencement M ay 2014 21, -

YA NKEE ST A DIU - M

day was finally a real surprise for him!” for surprise real a finally was day Tan’s birth Alan for Professor organized surprise the years, many so “After alaugh: with said she them, Among out. stood points high the Philippines, the in typhoon the like disasters to classes demanding like stressors routine from ranging of challenges, array an included had months previous the While ourselves.” call to we liked as year, “legacy class—the 2014 the by shared ties close for the grateful was speaker, student it.” how Ifound waythan abetter in Iencounter ever leave to what instinct my every feed “will he said, a lifetime,” than less in a reality became dream this that fact “The safe. was wife his knowing class attend to peace-of-mind it gave him home country; his of During the celebratory dinner, Alan Tan, Tan, Alan dinner, celebratory the During other the ’14 of Switzerland, LLM Boughaba Mona director of NYU@NUS, and and of NYU@NUS, director Simon Chesterman, found Chesterman, Simon ing director of NYU@NUS of NYU@NUS director ing and now dean of the now dean and Dean Morrison Justice,Court with Supreme US Kagan, Elena recipient degree Honorary NUS Faculty of Law, Faculty NUS cut a custom-made cake: two three- two cake: tier confections confections tier joined by a bridge abridge by joined adorned with both both with adorned schools’ logos. schools’ It represented the partnership partnership the that had made made had that academic years years academic seventhose so sweet. sweet. so

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Commencement 2014 Commencement Partisanship panelPartisanship Awards Luncheon. Stephanie Abramson ’69, director ’69, director Abramson Stephanie Luncheon. Awards Award, but was unable to attend the ceremony. the attend to Award, unable but was the washington square campus took on adecid took washington campus square the celebrated the 60th anniversary of its first class with with class first of its anniversary 60th the celebrated a reception and cake (top right). Four members of members Four (top right). cake and a reception a professor of clinical law at NYU Law, received the the Law, received NYU law at of clinical a professor of Law and Business Experiential Courses and adjunct adjunct and Courses Experiential Business and of Law Annual the at honors received (right) classes reunion executive director of Sanctuary for Families, received received for Families, of Sanctuary director executive former ’84, Eisner Weinstein Laurel Award; ment ofRepresentatives— US House the in office elected hold currently who alumni three as flair Potomac edly professor of clinical law in the Business Law Transac Law Business the law in of clinical professor Professor Visiting by moderated for apanel politics Peters ’84 (below)—weighed in on partisanship in in on partisanship in (below)—weighed ’84 Peters ’97,Scott and Jeffries Hakeem ’82, DeGette Diana David Pressman ’04, counselor of the US Mission to Mission US of the ’04, counselor Pressman David 46); and on page story (see Award Teaching Legal tions Clinic at NYU Law, received the Alumni Achieve Alumni the Law, received NYU at Clinic tions the United Nations, received the Recent Graduate Graduate Recent the received Nations, United the ’99, Satterthwaite Margaret Award; Service Public the Sally Katzen. The Root-Tilden-Kern Program Root-Tilden-Kern Program The Katzen. Sally

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Reunion 2014 Honorees April 25–26, 2 014 91 relevant parties 92 WWW.LAW.NYU.EDU 7 5 1 8 3 4 9 2 6 4 Reception 7 9 3 1 1 10 2 5 6 8 and Donor Donor and Scholar Scholar ’16 ’16 Justin Steil, theJonathan L. Janet benefactor Dewart Bell, of theDerrick Jona Paul D William J.T Bell ScholarshipforBell Public (BL Service Fr Student speak Natalie andS Natalie trustee; andWendy M (cent Root- Fay Z R Scholar for Public (BL Service M LL Harriet E. GairScholar Harriet E. Pfeifer-Gans Family Scholar, DerrickBell Dollar ’15withStDollar A T and Norman Ostrow (center right)withGailStone ’80,Jean and Trustee Karen Freedman ’80. Doris C. and Doris C. DiNatale, Sara Steven Dian Rockoff ’14, Diane Johnston ’15, Nystedt ’14, with Professor Gerald Rosenfeld. Trust the and Keli Christopher within theR Dian ysdal ’16, Candace ussell ussell drienne Warrel ank, Harris,Shriver &Jacobson Fellow, with , Rebecca Hufstader ’15,Juan Caballero ’16, , ario DiNat ansky, La M A A than M ’14withWil imee Carlisle’16, M er) withLeonard arin/Shirley Rosenfeld Scholarwithin ee Karen Freedman ’80. Tilden-Kern ScholarsSethSilverman ’15, Y Y nBry . Kaufman ScholarHannah atthew F u ’16, Julia u ’16andJehan Laner’15with aeder ’14withTrustee J M M Y M arcus ’16, iller. oung ’15withCharlesStillman ’6 M ce Program Korey Inglin ’16 oppeta Scholar oppeta ura echanic ’77, ke atthew D oot-Tilden-Kern Program ale Scholar Zachary Lanier’16 ale ScholarZachary M M A teven er Cesar Francia Rivero ’14, lan J.Freedman Scholars eghna Philip’16, Pooja Shethji urray ’16 M ishbein ’79. liam Toppeta ’73, LL l ’15, even M ansky- M emorial Scholars cCarthy ’15, cCarthy A M M M nne Carney ’16 A aksin ScholarThomas iNatale, Laura DiNatale, itchell ’14 itchell A M echanic. echanic. M . riel Werner ’14 , melia M aksin LL ansky, Elizabeth A ynote speaker and iller, and mandeep Singh ’14 A M gustin echanic/Fried, A M erome Kern ’60 P A , Kendal arritz ’16, M A M lexis Piazza M atthew ), and ’02. A , Jesse arek ’16 M ranc , and A ’77. P A et ); 2. , 10 Fall Ball O The Weinfeld Gala ctober 1, 2013 1, O ctober 3 1, 2013 1, Berger Temples Traditions & Judge Edward Weinfeld Award. The award award The Weinfeld Award. Edward Judge the metropolitan museum of art’s of museum metropolitan the corporations and other business entities, labor labor entities, business other and corporations contributions. The Law School presented Life presented School Law The contributions. ago or more. Berger has represented a wide awide represented has Berger or more. ago variety of foreign and domestic governments, governments, domestic and of foreign variety years 50 School Law the from who graduated recognizes alumni of professional distinction distinction of professional alumni recognizes regulatory matters. regulatory organizations tax-exempt and organizations, for backdrop dramatic and acolorful vided of Arnold & Porter in Washington, DC, with its its with DC, Washington, in &Porter of Arnold annual significant whomake donors nizes Trustee Paul Berger ’57, a retired senior partner partner senior ’57, Berger Paul aretired Trustee pro Wing Sackler the in Temple of Dendur in a variety of corporate, legislative, and and legislative, of corporate, avariety in - recog which Weinfeld Gala, October’s last

93 relevant parties 94 WWW.LAW.NYU.EDU and condensed. This Q ee page 4. Executive Education, the new Institute for Business. For more about ship Program inLaw and of theJacobson Leader- co-director He isalso lecturer at NYULaw. in residence andsenior distinguished scholar Gerald Rosenfeld isa & A was edited

O&A There’s nothing wrong with working at a law firm, alaw firm, at working with wrong There’s nothing Exactly. Many fresh young MBAs have never worked worked have never MBAs young fresh Many Exactly. Rosenfeld sat down with writer Duff MacDonald to talk law and business. and law talk to MacDonald Duff downRosenfeld sat with writer for Law’s Education Executive Institute NYU of director The faculty Ltd. Lazard at banking investment US of chairman avice and CEO the to adviser an in2011 as before returning for adecade nearly America North with a lawyer before. There’s no reason we should we should There’s no reason before. a lawyer with MBAs? MBAs? counsel of McKinsey and the chief of staff to Morgan Morgan to of staff chief the and of McKinsey counsel to them getting We be should education. their ing becoming more and more a part of a senior man of asenior apart more and more becoming dur apart students business lawand keeping be but these students are equipped to do anything in in do anything to equipped are students but these at law schools. Not surprisingly, McKinsey figured it it figured McKinsey surprisingly, Not lawschools. at alaw couldn’t “Why ourselves, to we job, said ager’s Is there an argument to be made that a smart law law asmart that made be to argument an there Is work of alot do lawyers and bankers Investment Should business schools bear any responsibility responsibility any bear schools business Should the navigation of regulation and legal frameworks frameworks legal and of regulation navigation the tion we provide them. For example, both the general general the both For example, them. we provide tion educa rigorous the gone through world, having the Stanley CEO James Gorman are NYU Law graduates. Law NYU are Gorman James CEO Stanley Stanley. Morgan and Sachs Goldman then out first, for the financial crisis? Or law schools? Have we schools? law Or crisis? financial for the making would make a better banker than most most than banker a better make would making school graduate with a taste and feel for deal- feel and ataste with graduate school service firms have figured out how to better recruit recruit better out to how havefigured firms service people?” for those education executive create skills, of set special very its and knowledge its using school, been teaching our students the wrong things? things? wrong the students our teaching been together, but they don’t really mix, do they? do mix, really don’t they but together, closing statements Over the last few years, the smart professional professional smart the few years, last the Over Jacobson program. what we try to do in the the do in to we try what Or, failing that, there’s there’s that, Or, failing learn how to work with how work to with learn law school has really really has school law non-degree execu non-degree business schools have schools business a systematic way. With a systematic in market that attacked Is that the point of point the that Is tive education. But no no But education. tive one another before they they before one another Many Many Education? utive doing so mid-career. mid-career. so doing still a benefit from from abenefit still start their jobs. That’s That’s jobs. their start the Institute for Exec Institute the Bankers Trust, and Lazard Frères. He was CEO of Rothschild He CEO Rothschild of was Frères. Lazard and Trust, Bankers Brothers, Salomon at adealmaker as run along began then McKinsey, at start his got he decades, three for than more advisers Wall of One mergers-and-acquisitions top Street’s Rosenfeld’s Gerald like anymore. careers don’tThey make - - - - -

When somebody tells me about a new financial prod financial a new me about tells somebody When yers and bankers worked together creatively to to creatively together worked bankers and yers Is it only to make money for shareholders? What What for money shareholders? make to it only Is sideof business academic the 1990s, and 1980s the In Perot’s EDS. During the negotiations Perot and Roger Roger and Perot negotiations the During EDS. Perot’s I was at Salomon Brothers, we were representing we representing were Brothers, Salomon at I was we were teaching people to be profit-seekers at the the at profit-seekers be to people we teaching were General Motors as they were trying to acquire Ross Ross acquire to trying were they as Motors General Can you provide an example of a deal where law where adeal of example an provide you Can lawyers and bankers, because the deal wasn’t going going wasn’t deal the because bankers, and lawyers how you feel about the purpose of the corporation. corporation. of the purpose the about how you feel espoused corporation of the model holder-centric high-frequency trading. trading. high-frequency run Isay market, the in discovery price and liquidity it doesn’t provide enough value to justify the added added the justify to value enough provide it doesn’t cost of everything else. else. of everything cost impossible, because Roger wanted wanted Roger because impossible, be said it would we first, EDS.”At of value the reflect ques is there that I’d debate, suggest controversial a is what into far too wading Without complexity. pennies off of a transaction in the name of liquidity, liquidity, of name the in transaction off of a pennies business problem, with the intimate cooperation of of cooperation intimate the with problem, business by many academics. We began teaching people that that people teaching We began academics. many by up with Enron and WorldCom, and we realized that that we realized WorldCom, and and Enron up with up inventing what came to be known as the tracking tracking the as known be to came what up inventing aids it that saying by it justifies and or structure uct causes of the financial crisis, you suggested a suggested you crisis, financial the of causes compelling reform: Shine a brighter light on com on light abrighter Shine reform: compelling about professional responsibilities? Then we ended we ended Then responsibilities? professional about In a recent paper you co-authored about the the about co-authored you paper a recent In to happen without it. it. without happen to then the bankers and lawyers got together and ended ended and together got lawyers and bankers the then will that security market of public kind haveto some of aresult as markets the to added value tionable it justify to nothing there’s if way. other Because the only value creation mattered. It all comes down to to down comes It all mattered. creation value only Smith, GM’s CEO, came to us and said, “Ross wants wants “Ross said, and GM’s us to CEO, came Smith, other than someone being able to scrape a few extra afew extra scrape to able being someone than other from a banker, to suggest reducing complexity? complexity? reducing suggest to abanker, from plex financial structures by requiring greater greater requiring by structures financial plex ment as to why they were used. Isn’t that heresy heresy that Isn’t used. were they why to as ment manage from discussions including disclosure, Back in the ’80s, when when ’80s, the in Back something? accomplish seemed to have completely bought into the share the into bought have completely to seemed stock. The concept got invented to solve a particular aparticular solve to invented got concept The stock. —which is slated to launch this fall— this launch to slated is —which n all of EDS. But But of EDS.

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2014 50,000 children in crisis and |

volume XX iv transformed New York City’s foster care system. For more information, please contact Nick Vagelatos at (212) 998-6007 or [email protected].