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ALSO IN THIS ISSUE Criminal Law and Mechanisms of Social Control: Recent Faculty Scholarship The 50th Anniversary of the Root-Tilden-Kern The Scholarship Program AND Recent Initiatives in Public Interest Law Law School THE MAGAZINE OF NEW YORK UNIVERSITY SCHOOL OF LAW AUTUMN 2003 Training Environmental and Land Use Lawyers for the New Millennium Message from Dean Revesz have now completed my first academic year as dean of NYU School of Law. It has been such a great privilege! Having spent 17 years on the faculty before becoming dean, I knew that the Law School was blessed by extraordinary professors, exceptional stu- I dents, and accomplished administrators and staff members. These were the individuals with whom I interacted every day and who made my job as a faculty member so special. One of the highlights of this year has been to spend consider- able time with another group, our alumni body — through law firm visits, regional trips, academic events, and individual and small-group meetings. The remarkable transformation of the Law School in the last 50 years is due in large part to the love and loyalty that alumni have for the Law School, and to the extent that they are willing to contribute their time, expertise, good judgment, and resources to continuing on this extraordinary journey. The last issue of The Law School began the practice of focusing on one substan- tive area of law in which NYU School of Law has extraordinary strengths. Last year, we described how the Law School’s standing as the leader in international legal education following the founding of the Hauser Global Law School Program in 1994 had been solidified by the recent addition of several outstanding professors to an already extraordinary faculty and by the creation of the Institute for International Law and Justice and the Center for Human Rights and Global Justice. In this issue, we highlight our environmental and land use program. As a faculty member in this area, I marvel at my world-class faculty colleagues, seriously committed students, rich array of curricular offerings, and path-breaking research. The strength of our program ensures that our graduates will have the intellectual tools, problem-solving skills, and practical experience necessary to be leaders in national and international efforts to tackle the serious environmental threats that plague us. At the same time, the Law School’s dedication to enabling diverse forms of scholarship guaran- tees that our faculty will continue to have a significant impact on the development of public policy. I am confident that an independent peer review would conclude that, among the leading law schools in the country, we have the strongest programs in international law and in environmental and land use law. In the coming years, we will write about other programs that meet this ambitious standard. Our other feature, “Public Interest: Yesterday and Today,” focuses on the Root-Tilden-Kern Scholarship Program, which has produced many outstanding leaders in diverse sectors of the legal profession who share an overarching com- mitment to public service. This academic year marks the 50th anniversary of the graduation of the first Root-Tilden class — a wonderful reason for celebration. Through the Root-Tilden-Kern program and our other public interest initiatives, we further our goal of becoming not only the leading law school, but also the law school that leads in public service by providing the education, scholarship, and vision needed to improve our nation and the world. Richard Revesz Table of Contents 24 Training Environmental and Land Use Lawyers for the New Millennium NYU School of Law offers a broad, unparalleled program in environmental and land use law. The program boasts a world-class faculty, a rich curriculum, path-breaking research cen- ters and initiatives, and exciting opportunities for students and alumni. This article details the innovative program and the Law School’s com- mitment to training future leaders in this evolving field. DEPARTMENTS 4 88 116 Faculty Scholarship Faculty Focus Student Spotlight Sample the work of six NYU School of 88 New Faculty 122 Journal Events Law faculty who examine criminal law 90 Visiting Faculty 126 Scholarship News and mechanisms of social control. 94 Faculty in Residence 127 Student Scholarship 95 Hauser Global Law School Faculty 132 Events 96 Faculty Retirements 133 Graduation 98 Newly Tenured Faculty 100 New Professorships 102 Faculty News 107 Faculty Grants 109 Have You Read? 111 Publications The Law School THE MAGAZINE OF NEW YORK UNIVERSITY SCHOOL OF LAW AUTUMN 2003 Volume XIII Managing Editor Kathleen Maloney Assistant Editor Elizabeth Rohlfing Creative Director David Niedenthal Graphic Design Nathan Coates Eric Felisbret Kim Sajan Susan Thompson Environmental Feature 66 Illustrations Kim Sajan Yesterday and Today Public Interest: Contributors In the last year, Dean Richard Revesz has devoted additional resources to enhance Wendy Davis Lorraine Martindale public interest offerings at the Law School and named an assistant dean for public Jessica O’Brien Kelli Rae Patton interest law. The Law School’s strengths in the public interest arena are in some Kate Siamon Emma Warby measure due to the creation and achievements of the Root-Tilden-Kern Scholarship Sara Hurley Program, which will celebrate its 50th anniversary this academic year. The article Student Writers Alma Asay (’05) delves into the history of this prominent program, the accomplishments of its Parker Baxter (’04) Seth Blaylock (’04) students and alumni, and recent public interest developments at the Law School. Gaylynn Burroughs (’05) Emily Bushnell (’05) David Chubak (’05) Jared Cohen (’04) Catherine Cugell (’04) Will Edmonson (’05) Joanna Goddard (’05) Sandra Lee (’03) Kevin Moriarty (’04) John Radice (’03) Abby Rosen (’05) 140 158 Ajay Salhotra (’04) Indira Smith (’03) Isaac Wheeler (’03) Photographers Brian Burkey Susan Cook Phil Gallo Bob Handelman Ken Levinson Bob London Guido Mannucci Around the Law School Elena Olivo Alumni Activities Don Pollard 140 Global Read about the many ways alumni are Paula Rogol 143 Dean’s Roundtables engaged in academic and social activities Deb Rothenberg Leo Sorel 144 International held at the Law School, across the country, 147 Judicial and around the world. Assistants 151 Civil Rights Alison Clement 153 Labor/Employment Nicole Gujar Caroline Hann 154 Intellectual Property Katerina Melen 155 New Building Kathryn Wood 156 Reunion Send your comments to [email protected]. © 2003 New York University School of Law All rights reserved. Faculty Scholarship Criminal Law and Mechanisms of Social Control nce again, the magazine of New and Bryan Stevenson — examine a wide Anthony Amsterdam, Jennifer Arlen, York University School of Law variety of topics, from crime control to gun Paul Chevigny, Jerome Cohen, Harry First, highlights the academic work control, from group punishment to capital Barry Friedman, Martin Guggenheim, of the Law School faculty. NYU punishment, from the role of juries to our Randy Hertz, Holly Maguigan, Ronald School of Law has the strongest handling of terrorists, and more. Noble, David Richards, Jerome Skolnick, O and most intellectually diverse NYUSchool of Law’s criminal law Kim Taylor-Thompson, and Anthony faculty in criminal law and justice in the faculty has extensive and deep ties to the Thompson. The faculty also includes two nation — as is apparent from the range and criminal justice community in the New York distinguished emeritus professors, Chester caliber of the work explored in the following City metropolitan area, across the country, Mirsky and Harry Subin, as well as adjunct pages. This year’s featured authors — Profes- and worldwide. In addition to this year’s professors John Gleeson, U.S. district judge sors David Garland, Daryl Levinson, James featured authors, the faculty with expertise for the Eastern District of New York; Ronald Jacobs, Rachel Barkow, Stephen Schulhofer, in the criminal law area includes Professors Goldstock; and S. Andrew Schaffer. 4 THE LAW SCHOOL AUTUMN 2003 though they did their part to sharpen its Crime, Social Change, expression and translate it into harsh penal policies. It is a culture that is grounded in a and the Culture of Control new collective experience of crime, brought into being by social and economic changes that transformed daily life in the second half By David W. Garland as 30 years ago, each of these phenomena of the 20th century. arthur t. vanderbilt would have seemed highly improbable, even professor of law to the best-informed and most up-to-date **** observer. The trajectory of British and Amer- rom the 1950s until the early 1980s, the The following article was adapted from Professor ican crime control over the last three decades U.S.A. — and every other Western society David Garland’s recent book, The Culture of has been almost exactly the contrary of what F — experienced a sharp and sustained rise Control: Crime and Social Order in Con- was anticipated in 1970 when rehabilitation, in rates of crime and violence. In retrospect, temporary Society, published by the University minimal use of custody, and the end of capi- the reasons for this increase are fairly clear, of Chicago Press (2001). The book charts the tal punishment shaped the agenda. and have to do with the interaction of three dramatic changes in crime control and criminal basic variables. First, there was the massive justice that have occurred in America and **** increase in criminal opportunities that result- Britain over the last 25 years. Garland explains ow can one explain these surprising ed from the increased circulation of cash and these transformations by showing how the social developments? The immediate causes consumer goods — notably TVs, stereos, organization of late 20th century society has H are, of course, to be found in the policy- jewelry, and above all, automobiles (thefts prompted a series of political and cultural adap- making processes that shape crime legisla- of which, and from which, came to form tations that alter how governments and citizens tion, sentencing laws, and institutional the largest single category of property crime).