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Stanford Law School's October 8-11, 1998

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Stanford Law School's October 8-11, 1998 n invitation to support the Stanford Environmental Law Society handbook series and its forthcoming volume- The Endangered Species Act: A Guide to Its Protections and Implementation, Second Edition Stanford Environmental Law Society-one of the nation's leading student environmental law associations-invites you to become a Founder of the Handbook Project. Contribu­ tions by Founders support the infrastructure of the Project and production costs of the new edition of The Endangered SpeciesAct handbook, as well as future publications. You can become a Founder by donating $100 or more to the Handbook Project. All Founders will • be listed in a special insert of the new ESA handbook and on the Founders page of all future handbooks • receive a 17" x 32" art-quality print of Galen Rowell's peregrine falcon photo­ graph, pictured here • receive a copy of The Endangered Species Act: A Guide to Its Protections and Implementation, Second Edition, upon its publication in late 1998 Please make your check payable to Stanford Environmental Law Society and mail it to: Stanford Environmental Law Society Handbook Project Stanford Law School Crown Quadrangle 559 Nathan Abbott Way Stanford, CA 94305-8610 C Galen Rowell! Moulltain Light From Galen Rowell's latest book, Bay Area Wild (Sierra Club Books, 1997) IS' LI E 5 3 / SLIMMER I 9 9 8 F LA TU R,---'--__ 14 Power Struggle What does constitutional doctrine say about special prosecutors and the line-item veto? A Richard Reuben interview with President Gerhard Casper 3 News Briefs A video guide to cyberspace law, and other resources you can use r O-Y_E,-"--__ 12 Gerhard Casper, Stanford From the Dean President and Professor of Law, A new initiative to educate tomorrow's leaders looks at separation of powers issues and suggests some reforms. 18 Phowgra/)h by Russ Curtis Professors in Print Some excerpts and a list of new works 21 Classmates & Sidebars News of fellow alums, with articles on: Volunteer Opportunities an ambassador for market democracy ... 33 36 great ways to be involved the first ever Yahoo! CLO 39 with your School and a champion of human rights 41 fellow alums and five new alumni books 48 In Memoriam 50 Law Gatherings Back Cover Coming Events \TA fORD LAWVLR 0 #53 (Vol. 32, No.3) Summer 1998 For the defense DEAN Paul Brest As a lawyer who has tried over 100 jury cases in a 40-year career, I believe the Richard E. Lang Professor of Law "Juries on Trial" article [Spring 1998] warrants some comment. and Dean First, it is not a fallacy to state that prosecutors have investigative resources ASSOCIATE DEAN, superior to those ofa defendant. The prosecutor can always manage an interview EXTERNAL RELATIONS with the investigating officer by simply calling the police department. When Susan S. Bell defense counsel calls the department, he is often told the officer in question is on vacation, on leave, or off duty. This is a routine runaround endured by defense COMMUNICATIONS DIRECTOR Ann Dethlefsen counsel. The prosecutor also gets the first look at the physical evidence and decides which of it will be disclosed to the defendant. The prosecutor has first call EDITOR on the expert witnesses. If the prosecutor needs money to find a witness, he can Constance Hellyer get it. This is not always true of the defender. Peremptory challenges are critical to a fair trial. The larger the jury pool, the ART DIRECTOR Mimi Fujii more peremptories the attorneys need. I have tried cases in jurisdictions where 18 people are qualified on voir dire. Then, each side strikes three. This is an CONTRIBUTING EDITORS excellent system in smaller counties. It would not work in San Francisco because Deborah Fife, Wendy Linden, of the diversity of the population. Richard C. Reuben, JSD '98 Voir dire must be conducted by the attorney if it is to be useful. The problem CLASS CORRESPONDENTS with voir dire is that most lawyers don't know how to conduct it. I have witnessed 56 congenial alumni lawyers ask a prospective juror such foolish questions as, "My client is an Iranian. Do you have any prejudice against Iranians?" EDITORIAL INTERN No prospective juror will admit a prejudice. He will deny it. I once witnessed Michael Finney (AB '00) the late Charles Garry, a master of voir dire, induce a prospective juror who first PRODUCTION ASSOCIATE denied he was prejudiced against blacks to admit after all, "Yes, I don't think Joanna McClean minorities always tell the truth." The answer elicited with skillful voir dire was all it took to sustain a challenge for cause. Stanford Lawyer (ISSN 0585-0576) is published for alumni and friends of Stanford The real value of the twelve-member jury is that it takes that number to get a Law School. Correspondence and cross section of prejudices. The man who will openly announce his hates in a bar information should be sent to: is ashamed to voice them to eleven strangers. It is the synthesis, the consensus of Editor Stanford Lawyer, these twelve, that ultimately gets to the truth and renders the correct verdict. Room 13, Ms. Babcock is right: "A unanimous jury is fundamental to our democracy." Stanford Law School, Crown Quadrangle, Any old trial lawyer will agree when I say that the times I have waived a jury were 559 Nathan Abbott Way, gross mistakes on my part. I have lost cases before juries. The fault was not in the Stanford, CA 94305-8610. jury. The jury system is the cornerstone of our civil and criminal justice system. E-mail: [email protected] Rights and freedoms are too precious to trust to judges alone. Copyright 1998 by the Board of Trustees -Jerome F. Downs '49 of Leland Stanford Junior University. Reproduction in whole or in part, To our readers without permission of the publisher, is prohibited. The essay on tax reform by Edgar C. Keller'49 mentioned in his letter in the previous issue [Spring 19981 is available online at http://lawschool.stanford.edu/ via the link titled Stanford Lawyer is listed in: "Social Consciousness in Taxation." The views expressed in this and other missives Dialog's Legal Resource Index; and Current Law Index and LegalTrac published by the School do not necessarily reflect those of Stanford Law School or its (1980-94). Issues of the magazine since 1966 faculty. are available on microfiche through William S. Hein & Co., [nc., 1285 Main The editors of Stanford Lawyer welcome comment on news and articles published in the Street, Buffalo, NY 14209-[987. to: magazine. Submissions may be edited for length. Please direct your comments World Wide Web: Selections from Stanford Editor, Stanford Lawyer, Stanford Law School Lawyer #50, #51, and #52 are available at http: Crown Quadrangle, 559 Nathan Abbott Way, Stanford, CA 94305-8610. //lawschool.stanford.edu/publications/lawyer/ Fax: 650/725-9786. E-mail: [email protected] Printed on recycled paper. 8 SUMMER 1998 5 LI MM R 9 9 8 Aquick update on your Law School, its impact, and ways you can enjoy its resources and activities Law in cyberspace: The course, the television series, and now the video Law faculty involved in major policy Radin pilots far-reaching exploration of expanding field debates No LEGAL ARENA is more dynamic or uncharted than cyberspace-the Congressional leaders and scientists computer-based Internet realm call on Stanford experts where an ever-growing portion of the world's commerce and communication now takes place. rofessors from Stanford Law Scho~l Professor Margaret Jane Radin began weighed 10 on some of thiS spnng s offering a survey course on Internet hottest issues. law in autumn 1996. Called "Legal P Issues in Cyberspace," the course Tobacco legislation involves not only academic experts, Should big tobacco be granted protection but also pacesetters from the high- from future litigation? For expert analysis, the Cybernaut: Margaret Jane Radin tech legal and business communities. Judiciary Committee of the U.S. House of The significance of the course, which has been expanded and Representatives consulted, among others, developed through two subsequent academic terms, led the Stanford Robert Rabin, the Law School's A. Calder Channel to make it their first law telecourse. The autumn 1997 Mackay Professor, who appeared before the classes, edited to 20 hours from the original 36, were aired locally over committee on February 5, 1998. 10 weeks beginning in January 1998, and are now available as VHS "The pervasive theme [of the hill in tapes to interested learners everywhere (see below). question] is greater cer­ Issues covered include online content, encryption technologies, tainty for the industry intellectual property and copyright, digital cash and payment systems, about the financial conse­ legal jurisdiction, and the future of Internet governance. quences of continuing tort Radin, the School's Wm. Benjamin Scott and Luna M. Scott liability," Rabin observed. Professor, is an expert in nontraditional forms of property. Intrigued by "That is, of course, the the property questions raised by digital communication, she joined two trade-off the industry seeks Georgetown University professors to found the Cyberspace Law in return for the payments Institute in 1995 and now focuses her research and writing on the and concessions they electronic frontier. offered in other provisions (i) Telecourse ($1,295 for set of 10 videotapes): 650/725-5491 of the settlement plan.... Cou rse content: http://www-leland.sta nford.ed u/class/law449/fa ll_97/ Radin research and publications: http://www-leland.stanford.edu/-mradin/ LAW FACULTY (continued) "Whether this is a worthwhile trade-off from a societal perspective depends in the first instance on whether one views a trade­ off as necessary at all from the perspectives of fairness, economics, or public health...
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