2 3 yale law report winter 2014 news in brief

Secretary Clinton ’73 received the Award of Merit from Dean Robert C. Post ’77, and the Yale Law Women Alumnae Achievement Award (right). Dean Post, Secretary Clinton, and Yale University President Peter Salovey arrive at Woolsey Hall (below).

Former Secretary of State Hillary Rodham Clinton ’73 the 40th anniversary for both Bill and Hillary Clinton’s class addressed a packed audience of Yale Law School alumni, year. faculty, students, and staff in Woolsey Hall on October 5, after In her remarks, Clinton focused on the importance of her receiving the prestigious Yale Law School Association Award continued work and commitment to improving the lives of of Merit. children in America. Clinton reminisced about her time as a student at Yale After working on these very causes in New Haven, Clinton Law School and the moment that sparked “a lifelong passion said, “I learned that if you want to know about the moral, eco- about children’s welfare.” nomic, and social health of a community, look at the children.” “In the four decades since she left this place, Secretary Clinton spoke specifically about the millions of children Clinton has indeed been an advocate, a practitioner, a legisla- living in poverty every day and the growing trends that show tor in the senate, an executive in the State Department, and many children have an unfair advantage from the start. Even a teacher to the nation and to the world,” said Dean Robert C. in Connecticut, Clinton noted, the problems are stark. Post ’77 in his opening remarks. Many children in low-income families are also missing criti- After going through the many accomplishments of her cally important time reading with their parents, resulting in illustrious career, Clinton was awarded the Law School’s high- narrowed vocabularies that make it difficult for them to suc- est honor and welcomed to the lectern with a standing ova- ceed in school. It is a problem Clinton will be tackling through tion. She began by remembering her time at Yale Law School her work at the Bill, Hillary & Chelsea Clinton Foundation in and the day when she met President Clinton. partnership with Next Generation. “I remember the first time I arrived on campus in 1969,” But while Clinton acknowledged the dissolution that said Clinton. “I was driving a beat-up old car. I had a mattress many in the country feel over these societal problems and Secretary Clinton ’73 tied to my roof, and I the gridlock faced in was wearing bell bot- Washington, she said toms.” “I remember the frst time I arrived on campus in 1969, that the hope and Then while walking I was driving a beat-up old car. I had a mattress tied to my roof, resolve of the country Receives through the student was stronger than ever. and I was wearing bell bottoms.” lounge one day, she “Yes, we have big heard a voice say, “And not challenges ahead of us,” said Award of Merit only that, we grow the big- Clinton, “but we have the abil- gest watermelons in the ity, if we match it with the will, world.” to meet every challenge we “I said, ‘who is that?’” face. It will take all of us work- Hillary remarked with a laugh. ing together. It will take not “The answer was ‘that’s Bill only leaders, but citizens who Clinton. He’s from Arkansas have to dare greatly and lead and that’s all he ever talks boldly, but that’s when we are about.’” at our best.” President Bill Clinton ’73 See page 50 for more about was also in attendance at the Alumni Weekend 2013. 2013 Yale Law School Alumni www.law.yale.edu/videos

Photographs by Harold Shapiro (left) and Michael Marsland (right) Marsland Michael and (left) Shapiro Harold by Photographs Weekend. The event marked 4 5 yale law report winter 2014 news in brief

conferences Fellowship Initiative at Yale Law School The report, which prompted a response Robert H. Bork’s Legacy and provided the funding that enabled the stu- from the United Nations and led to sub- dents and faculty on the project team to stantial press attention around the matter, Influence on Antitrust Law Examined travel to Haiti. concludes with a comprehensive set of rec- at Conference “Peacekeeping without Accountability” ommendations outlining the steps the is the result of more than a year of U.N. and other principal actors in Haiti Law professors and econo- research into the key epidemiological and should take to meaningfully address the mists from across the country legal issues arising out of the introduction cholera epidemic. gathered in New Haven on of cholera to Haiti. The report incorporates September 27 and 28, 2013 for a consultations with victims of the epidemic, faculty conference on “The Influence of human rights advocates, attorneys, jour- Robert H. Bork on Antitrust Law: A nalists, aid workers, medical doctors, and Professors Wizner, Lucht Retrospective.” The conference government agency officials with first- Receive Community addressed the legacy of former hand knowledge of the epidemic. Advocate Award Yale Law School Professor Robert The report confirms prior accounts that H. Bork, who has been described (from left) Hon. Leo Strine, Jr., Dean Robert Post ’77, Sandra Wasserman, Roberta U.N. peacekeepers inadvertently but Wizner Professors Stephen as the “architect of modern anti- negligently brought cholera into Haiti, Wizner and Carroll Portrait of Robert Bork Romano ’80, Marla Wasserman, Debra Wasserman Glasser, Steven Rosenblum ’82 trust law.” The Federalist Society causing one of the largest epidemics in Lucht were honored by and The Kauffman Program in recent history. As the report documents, JUNTA for Progressive Law, Economics and Entrepreneurship at Yale Law Inaugural Craig Wasserman ’86/ clinic in October 2010, peacekeeping troops Action, a New Haven- School sponsored the conference, which featured Wachtell, Lipton, Rosen & Katz Report Holds U.N. belonging to the U.N.’s Haitian mission, based nonprofit serving more than fourteen speakers. Family members of MINUSTAH, unknowingly carried cholera the Latino and immi- Robert H. Bork also attended the conference as spe- Alumni Breakfast Held Responsible for into the country. Because of inadequate Lucht grant communities, cial guests. Haitian Cholera Epidemic water and sanitation facilities at the for their years of ser- The inaugural Craig Wasserman ’86/ Wachtell, Lipton, Rosen MINUSTAH base in the Haitian town of vice to the group. & Katz corporate law breakfast program for alumni was held in honors The United Nations inadvertently Méyè, sewage from the base contaminated Together, through the New York City on October 17, 2013. The event was endowed by the caused a deadly cholera epidemic in Haiti, the Artibonite River, the largest river in Jerome N. Frank Legal Professor Reva Siegel Elected law frm of Wachtell, Lipton, Rosen & Katz, and the Yale partners of and has legal and moral obligations to Haiti and one the country’s main water Services Organization the frm in memory of their colleague, Craig Honorary Fellow of the remedy this harm, according to a report sources. By July 2011, cholera spread at Yale Law School, Wasserman ’86. The breakfast programs, spon- released this summer by researchers at through the country, infecting one new Wizner and Lucht American Society for Legal History sored by the Yale Law School Center for the Yale Law School and the Yale School of person per minute. The epidemic contin- have provided free legal representation to Study of Corporate Law, feature panel discus- Nicholas deB. Katzenbach Public Health. ues, and public health experts estimate it individuals and families who otherwise sions on current topics in business law by Professor of Law Reva Siegel ’86 has The 58-page report, “Peacekeeping with- will take a decade or longer to eliminate would be unable to afford an attorney. members of the bar, business and investment been elected an Honorary Fellow of the out Accountability,” provides the first com- cholera from Haiti. Prior to this outbreak, Wizner and Lucht received the Community communities, public offcials, and faculty. American Society for Legal History, the prehensive analysis of the cause of the cholera had not existed in Haiti for more Advocate Award at JUNTA’s 44th The inaugural breakfast, on “Capital Markets in highest honor the Society can massive outbreak of cholera in Haiti— than a century. Anniversary gala on September 19, 2013. the 21st Century: Will the U.S. Still Be on Top?,” confer. The Society’s Honorary which has killed more than 8,000 people Wasserman consisted of a panel discussion led by the Fellowship recognizes distinguished and sickened more than 600,000 since it Honorable Leo Strine, Jr., Chancellor of the historians whose scholarship has began in 2010. The report examines the Delaware Court of Chancery, Steven A. Rosenblum ’82, of Wachtell, shaped the broad discipline of legal role the U.N. played in precipitating the Yale Law students from Lipton, and Roberta Romano ’80, Center Director and Sterling the Education Adequacy Siegel history and influenced the work of crisis and the U.N.’s responsibilities to pro- Professor of Law. Yale Law School Dean Robert Post ’77 moderated. others. vide legal remedies to victims of the epi- Project appeared in Along with Dean Post, Steve Rosenblum delivered remarks honor- Founded in 1956 to foster interdisciplinary demic. It directly contradicts recent state- Hartford Superior Court ing Craig Wasserman at the start of the program, and his wife, scholarship and teaching in the broad field of legal ments by the U.N. Secretary-General that on September 16, 2013 to Marla Wasserman, mother, Sandra Wasserman, and sister, Debra history, The American Society for Legal History (ASLH) the organization did not bring cholera to advocate for the right of Wasserman Glasser, were present. Craig Wasserman (1960–2010) is based in the United States but its purview and Haiti, and has no legal responsibilities for all schoolchildren to have was one of the nation’s leading deals attorneys. A partner at membership are international in scope. The Society the epidemic or its consequences. access to an adequate Wachtell, Lipton, he specialized in the fnancial institutions practice holds an annual meeting each fall, giving historians, The report was issued by the education. In December, of the corporate group. He was an original member and active law professors, graduate students, lawyers, and Transnational Development Clinic and the they had a victory when participant on the Corporate Law Center’s Board of Advisors. In judges from around the world an opportunity to Global Health Justice Partnership at Yale a state trial court judge addition to his work on the Center’s Board, he established the Law gather and meet fellow travelers and to present and Law School as well as the Yale School of ruled that the case School’s Bert W. Wasserman Workshop in Law and Finance in discuss their scholarship. Professor Siegel was Public Health, in collaboration with the should proceed and must memory of his father. announced as a new Honorary Fellow at the Society’s Haitian Environmental Law Association. be determined by a trial.

2013 meeting in Miami in November. Egeli Peter by portrait Bork Robert The Robina Foundation Human Rights 6 7 yale law report winter 2014 news in brief

U.N. Special Rapporteurs Visit BJ Ard ’10 and Resnik Yale Law School to Discuss Esteve Sanz Named awards Curtis Drone Killings, Cultural Rights Thomson Reuters Fellows Professors Judith Resnik, Two United Nations Special Rapporteurs visited BJ Ard ’10 and Esteve Sanz Dennis Curtis ’66 Receive Yale Law School in October 2013 to deliver a set of were named the 2013–2014 2014 Biennial Book Award talks sponsored by the Yale Law School Information Thomson Reuters Fellows at Yale Ard from the Order of the Coif Society Project’s Foreign Affairs in the Internet Age Law School’s Information Society Initiative (FAIA). Christof Geyns spoke to students Project (ISP). Thomson Reuters Every two years, the Order of the Coif about legal autonomous robots and Farida Shaheed Fellows work closely with Yale fac- recognizes the accomplishment of one discussed cultural rights. The Foreign Affairs in the ulty and staff studying cutting- book of the “highest order of legal scholar- Internet Age Initiative formed last spring after edge issues at the intersection of ship.” The 2014 award goes to Professors Professors Jack Balkin, David Grewal ’02, Oona law, technology, and media. Ard is Judith Resnik and Dennis Curtis ’66 for ties to make claims on justice as well as Hathaway ’97, and Amy Kapczynski ’03 began meet- a graduate of the University of their book, Representing Justice: Invention, to seek justice—so as to have the capac- ing to discuss the intersection of foreign affairs and Georgia and Yale Law School, Controversy, and Rights in City-States and ity to contest and to understand what cyberlaw. With significant student interest surround- Sanz where he was Managing Editor of Democratic Courtrooms (Yale University law can and should do.” ing the group, FAIA quickly took shape and began to The Yale Law Journal. Currently, his Press, 2011). Widely praised, the book has received plan several events to explore these areas of law in work focuses on intellectual prop- Patricia A. Cain, Professor of Law at several honors, including the 2012 more depth. Earlier this fall, the group hosted a fall erty, contracts, electronic commerce, and consumer pro- Santa Clara University and Chair of the SCRIBES award from the American panel on NSA Surveillance and Foreign Affairs. The tection law. Sanz previously worked at the Information Coif Book Award Committee, said that the Society of Legal Writers; the 2012 PROSE UN Rapporteur talks were aimed to help students Society Unit of the Institute for Prospective Technological committee quickly came to the consensus racy by tracing the remarkable run of the awards given by the American apply international human rights law to questions Studies. He is a graduate of the University of Barcelona, that Representing Justice was the most cre- political icon of Justice and the develop- Publishers Association in two catego- raised by new technologies. London School of Economics and Political Science, and ative book on a legal topic published in the ment of segregated, purpose-built public ries—Social Sciences category and Law Internet Interdisciplinary Institute. past two years. “It is a bold and original spaces dedicated to justice—today’s court- & Legal Studies; and it was selected as book,” said Cain. “Yale University Press is to houses. The authors analyze how democ- an Outstanding Academic Title of 2012 be commended for publishing this unique racy has both changed adjudication and by Choice magazine. work.” now challenges it profoundly, with millions Representing Justice was published in Abrams Institute Celebrates As the book details, adjudication is an of people currently identifying courts as the Yale Law Library Series in Legal ancient practice, but the development of avenues for redress. Thus courts, while ven- History and Reference, with financial Constitution Day with Floyd Abrams ISP News Roundup courts as egalitarian venues is a modern erable, are now also vulnerable. The book support as well as research and techni- Book Talk innovation. Representing Justice maps the argues that “law’s institutional forms need cal assistance from the Lillian Goldman relationship between courts and democ- to be structured to teach members of poli- Law Library. In honor of Constitution Day, the Yale Information Society Project hosted an event on September 17, 2013 featuring a talk by Floyd Abrams ’59 on journalists and national security. The talk Tom Rubin, Chief IP Liman Program Helps Prevent Closing of the focused on writings from Abram’s new book, Friend of Strategy Counsel at Northeast’s Only Federal Prison Facility for Women the Court. Abrams is one of the premier First Amendment lawyers in the country and has won Microsoft, Gives Talk on In response to widespread concern, the Federal Bureau Soon thereafter, the National Association of Women Judges, numerous awards for his work. Throughout his rich Copyright of Prisons (BOP) announced in early November that it had the American Bar Association, and others raised concerns. and illustrious career, Abrams has spearheaded vital altered its plan to turn the only prison facility for women in Eleven Senators from the Northeast—with Senators Richard debates about the First Amendment, spanning across Tom Rubin, Chief Intellectual the Northeast into a men’s prison. Many of the women at Blumenthal ’73 and Chris Murphy in the leadership—were multiple forms of media. His book is a compilation Property Strategy Counsel at the Federal Correctional Institution in Danbury, Connecticut joined by the Chief Judges of twelve federal district courts in and exploration of issues such as censorship and Microsoft, delivered an address titled were to be sent to a remote prison in Aliceville, Alabama, the Northeast in asking the BOP to reexamine its plans. national security. Friend of the Court includes articles “Achieving Copyright at the Speed of more than 1,000 miles from New York City—which would Four law students—Anna Arons ’15, Katherine Culver Abrams has written for the New York Times, testi- Light” on November 11, 2013 at Yale have made access to families functionally impossible and ’15, Sinéad Hunt ’14, and Emma Kaufman ’15—worked with mony he has delivered before congressional commit- Law School. The talk focused on limited opportunities for education and other programs. Resnik, Hope Metcalf, the Liman Program Director, and tees, lectures in foreign locations such as Kuala Rubin’s belief that we need a copyright system that Instead, in addition to using Danbury as a men’s facility, with Megan Quattlebaum ’10, the Senior Liman Fellow Lumpur, as well as his frequent television interviews. operates at the scale and speed of our networked the BOP will construct a smaller prison facility for female in Residence; they mapped the geography of the fed- He is founder of The Floyd Abrams Institute for world, enabling a freer flow of information between inmates in Danbury and maintain a satellite camp for low- eral prisons and analyzed where women and men were Freedom of Expression at Yale Law School, which people and across devices. Rubin explained how the security women as well. located around the country. Their fndings were submitted works to promote scholarship and law reform on Digital Millennium Copyright Act’s (DMCA) notice- The issue gained national attention after Judith Resnik, to the Senate Judiciary Committee in connection with its emerging concerns involving both traditional and and-takedown regime has provided a workable frame- Arthur Liman Professor of Law, wrote an op-ed in July in November 6, 2013 oversight hearing focused on the BOP. new media. work for managing online copyright infringement. The Slate that detailed the impact of the proposed closure on That statement and more information is available at event was sponsored by the Information Society women prisoners from the Northeast and on their families. www.law.yale.edu/intellectuallife/limanpubs.htm. www.law.yale.edu/videos Project, The Lillian Goldman Law Library, and the Yale Library Associates. 8 9 yale law report winter 2014 news in brief

faculty Yale Law School found that the VA grants responsible jurist, advisor or deci- disability claims for military sexual New Chinese Translation sionmaker, who is a part of that pro- trauma-related post-traumatic stress dis- of Jurisprudence For a Free cess, is to develop an appropriate order (PTSD) at significantly lower rates observational standpoint, clarify than other PTSD claims. Society Celebrated at the City community goals, identify and then University of Hong Kong perform the intellectual tasks that Federal Lawsuit Brought on will enable him or her to assist those Behalf of Deported U.S. Veteran Alumni from an earlier generation who seek legal or policy advice in The VLSC filed a federal lawsuit in Novem­ will remember the year-long seminar clarifying goals, and in implanting ber on behalf of Arnold Giammarco, a taught by Myres S. McDougal ’31 jsd and them in ways compatible with the recently deported U.S. Army veteran bat- Harold D. Lasswell entitled “Law, Science common interests of the most inclu- tling to return home to his family, to and Policy.” Through the sive community. This approach to compel the government to decide his 1982 seminar and their publi- solving problems requires the devel- (above) Harold Lasswell citizenship application. cations, McDougal and opment of an interlocking set of (left) and Myres Lasswell, along with suc- intellectual tasks and conceptual McDougal; (right) Dean Clinic Client Sues Army Over False cessive generations of tools and was the major object of the Guiguo Wang “Adjustment Disorder” Diagnosis, students, created a pol- lifelong collaborative work that Denial of Retirement Benefits icy-oriented jurispru- Harold Lasswell and I conducted. The VLSC filed a lawsuit in federal court in dence that moved September 17–18, in the course of a confer- November on behalf of William Cowles, a beyond the exuberant Against the critics’ predictions, the juris- ence on the New Haven School jointly Jennifer McTiernan ’15 (right) a student in the Veterans Legal Services Clinic joined Senator Richard U.S. Army National Guard veteran who iconoclasm of American prudence has had an impact abroad. sponsored by Yale Law School, Dean Wang Blumenthal ’73 (center) and clinic client Carmen Cardona (left), a U.S. veteran, at a Hartford press served honorably for more than twenty Legal Realism to an inte- Recently, with the help of Guiguo Wang ’84 presented the translation to W. Michael conference to call for immediate action to grant equal rights and spousal benefits to all veterans. years. The lawsuit challenges the illegal grated set of principles jsd, the Dean of the Faculty of Law of City Reisman ’64 llm, ’65 jsd, the Myres S. denial of Cowles’s application for medical and procedures for University of Hong Kong, Jurisprudence For McDougal Professor of International Law. retirement and asserts that the Army hast- establishing and maintain- a Free Society was translated into Chinese Copies were also given to the justices of clinic Petitioning for same-sex spousal ily discharged Cowles based on an errone- ing a public order of human and published in two volumes by the pre- the Supreme Court of China and a copy has Clinic Represents Veterans in benefits for veterans ous diagnosis of Adjustment Disorder dignity. In 1992, the com- mier Chinese law publisher. been placed in the faculty bookshelf of the Federal Lawsuits, Petitions In September 2013, following a petition by when he should have been medically prehensive statement of At a ceremony in Hong Kong on Sterling Memorial Library. the Veteran’s Clinic, the Obama adminis- retired for PTSD. that jurisprudence was Yale Law School’s Veterans Legal tration announced that the VA would published in two volumes Services Clinic (VLSC) had an exceptionally immediately begin providing spousal ben- Full descriptions of these cases and sup- under the title busy fall term, filing several lawsuits and efits to veterans’ same-sex spouses.(See porting documents are available at www. Jurisprudence For a Free petitions on behalf of U.S. Veterans. The above photo.) law.yale.edu/vlsc. Society: Studies in Law, clinic, which is headed by Professor Science and Policy. Shortly Michael Wishnie ’93, Clinical Associate Lawsuit brought on behalf of thereafter, a student edi- Professor of Law Fiona Doherty ’99, and Vietnam Veteran tion in paperback was published. In its Clinical Visiting Lecturer in Law Margaret VLSC students represented John W. preface, McDougal, who had survived Middleton, represented veterans in issues Shepherd, Jr., a Vietnam combat veteran Harold Lasswell, wrote “Because in every ranging from discharge status to deporta- who earned a Bronze Star with Valor generation, the future is the legacy of tion orders to claims adjudication. Device, in a lengthy struggle to compel the students, I consider the appearance of this Highlights from the recent work of the U.S. Army to recognize his service. student edition a more important event Veterans Legal Services Clinic include: Shepherd originally received an Other Than than the initial publication…” Honorable discharge after he began mani- Critics of the Lasswell-McDougal enter- Advocating for survivors of military festing symptoms of post-traumatic stress prise contended that it was so idiosyncrati- sexual trauma disorder. In a recent settlement agreement, cally American, that it would find no On behalf of the Service Women’s Action the Army agreed to upgrade Shepherd’s international audience. Certainly, the con- Network and Vietnam Veterans of America, discharge status to Under Honorable ception of law and the language used to the VLSC petitioned the Department of Conditions (General). describe it were radically different from Yale Law School’s 2013 Global Seminar on Military Justice offered a forum for par- Veterans Affairs (VA) to create new regula- what had come before. McDougal wrote: ticipants from a variety of legal systems to discuss the dramatic challenges before tions governing the adjudication of disabil- Report Outlining VA Discrimination today’s military justice systems. The two-day seminar included panel discussions on ity claims for veterans who were raped or Against Military Sexual Assault Survivors The essential thesis of this work may structural issues such as The Role of the Commander in Military Justice; Appellate sexually assaulted in the military. A report released jointly by the American be stated briefly: the most useful con- Review; Transparency in the Administration of Military Justice; Summary Trials; and Civil Liberties Union, Service Women’s The VLSC authored a recent report about VA ception of law is as a process of deci- Reform Strategies. The Seminar was sponsored by the Oscar M. Ruebhausen Fund at Action Network, the ACLU of Connecticut, discrimination against survivors of military sion that is both authoritative and Yale Law School in cooperation with the International Society for Military Law and the

and the Veterans Legal Service Clinic at sexual assault. Shapiro Harold by photograph Justice Military on Seminar Global controlling. The function of the Law of War and the National Institute of Military Justice. 10 11 yale law report winter 2014 news in brief

seminar ’16; and Jenné Ayers ’15, Leslie Esbrook ’15, World’s Judges Convene Carlton Forbes ’14, and Julie Veroff ’15), the editors produced a volume of readings for Annual Global as a backdrop to the private discussions. Constitutionalism Seminar Renee DeMatteo, Yale Law School’s Senior Conference and Events Services Manager, In late September, justices sitting on brought the group together. supreme, constitutional, and transnational The 2013 Seminar’s questions ranged courts gathered in New Haven for the from analyses of the many court rulings annual Global Constitutionalism Seminar, on amending constitutions to whether a part of the Gruber Program for Global courts can set limits on privatization. As Justice and Women’s Rights at Yale Law the materials explained, privatization is School. not a new phenomenon; public and private Professor Bernard Haykel delivers the inaugural This year’s seminar focused on the sectors have long been entangled. What is Dallah Albaraka lecture. constitutionality of privatization, the new is constitutionalism, imposing legal constitutional law of remedies, and the constraints on the exercise of power and question of when a constitutional amend- raising a host of questions about the role lectures ment can itself be “unconstitutional.” The of courts. The seminar ended with explora- New Lecture Series on materials, Governments’ Authority, edited tions of the innovative remedies courts by the seminar’s chair, Judith Resnik, were crafted. Islamic Law & Civilization YLS students attended panels to pro- Begins at Yale Law School Zainab Salbi Delivers the vide them with opportunities to meet the justices. The day began with an exchange A new lecture series—The Dallah 2013 Gruber Distinguished Lecture in among seven visiting justices focused on Albaraka Lectures on Islamic Law & Judging and Gender, followed by a ses- Civilization—will bring six speakers to the Women’s Rights sion hosted by Bruce Ackerman ’67 and law school over the course of the 2013– The founder of Women for Women International, Zainab Salbi, Gordon Silverstein on The Relationship 2014 academic year. The speakers represent addressed a packed house at Yale Law School on October 21, 2013 Between the Academy and Constitutional a range of disciplines, including a lawyer, a when she delivered the Gruber Distinguished Lecture in Women’s Adjudication. The closing panel for political scientist, a historian, and an engi- Rights at Yale Law School. The lecture, titled “Empowering Voice, students was on the Challenges of neer who is a leading Iranian philosopher. Engendering Change,” addressed how she helped hundreds of Comparative Constitutionalism. The inaugural lecture was given on thousands of women who were traumatized by war to rebuild their The 2013 session continued the tradi- September 24, 2013 by Bernard Haykel, lives. Salbi also talked about her own personal journey and the tion, begun in 1996 under the founding Professor of Near Eastern Studies and realization that she needed to give voice to her trauma during the leadership of Paul Gewirtz ’70 and Anthony Director of the Institute for Transregional regime of former Iraqi president Saddam Hussein. In 1993, Salbi Kronman ’75, followed by Robert Post ’77, Study of the Contemporary Middle East, moved beyond her memory of her life in Iraq to found Women for Bruce Ackerman ’67, Jed Rubenfeld, and North Africa and Central Asia at Princeton Women International, which has helped more than 315,000 women Judith Resnik. The seminar combines intel- University, who delivered a lecture titled survivors of war access social and economic opportunities through a lectual seriousness, candor, and a common “The Political Failure of Islam.” program of rights and awareness training, vocational skills training, sense of purpose. The second fall lecture featured Bemis and income-generating opportunities. “The Global Seminar is remarkably vital, Professor of International Law at Harvard “Storytelling is the inspiration,” said Salbi. “The more we own our Supreme Court Justice Stephen Breyer was not only for what it brings to Yale Law Law School Noah Feldman, who discussed own stories, [the more] that story becomes a candle for someone among the many attendees from around the School but for enabling cross jurisdictional “The Fall of the Arab Spring.” The third lec- world. else’s cave, in someone else’s life. The secret source of creating change exchanges that illuminate both the com- ture featured George Washington starts with a story.” monalities of constitutional culture and University Professor Nathan J. Brown who Salbi is currently working with documentary filmmakers Abigail prepared by faculty, working with justices the distinctive political and social histories spoke about “Arab Constitutions in the 21st Disney and Gini Reticker on a project called Awakening—a multime- from different countries. The 2013 con- that inform judgments from different Century: A New Beginning or an Unhappy dia initiative featuring women in the Arab spring. She has previously tributing faculty editors were Owen Fiss, constitutional and transnational courts,” Ending?” collaborated with Disney and Reticker on the acclaimed PBS series Oona Hathaway ’97, Nicholas Parillo ’04, Professor Resnik said. “By establishing the The Spring 2014 lectures will be given by Women, War and Peace. and Scott Shapiro ’90. With the help of Gruber Foundation at Yale in 2011, Peter Asli U. Bali, Assistant Professor of Law at The lecture was presented by the Gruber Program for Global Justice Yale Law Librarians Michael VanderHeijden and Patricia Gruber are supporting the UCLA School of Law; Mohammad Qasim and Women’s Rights at Yale Law School. The event features speakers and Sarah Kraus and a group of YLS stu- development of efforts to create a more Zaman, Robert H. Niehaus ’77 Professor of whose exceptional achievements have served the causes of global dents (the Executive and Managing Editor, humane, egalitarian, and just environment Near Eastern Studies and Religion at justice and women’s rights. Last year’s inaugural lecture featured U.S. Travis Pantin ’14, joined by senior editors for all the world’s inhabitants.” Princeton University; and Abdulkarim Supreme Court Justice Ruth Bader Ginsburg. Julia Brower ’14 and joint degree students Soroush, author of Reason, Freedom and

Blake Emerson and Andrea Scoseria Katz www.law.yale.edu/gruber Democracy in Islam. Shapiro Harold by Photographs www.law.yale.edu/videos 12 13 yale law report winter 2014 news in brief

Visiting the Law School

Professor Elizabeth Anderson The Sullivan & Cromwell Mashaw Stack delivered the 2013–2014 Arthur Allen Conference on Challenges in Global Leff Lecture at Yale Law School on Financial Services featured a awards September 30, 2013. The lecture was keynote address by Daniel K. titled “Social Movements, Experiments Tarullo, a member of the Board of ABA Honors Professor in Living, and Moral Progress: Case Governors of the Federal Reserve Jerry Mashaw, Alumnus Studies from Britain’s Abolition of System. His address took place on Kevin Stack ’97 with Slavery.” The lecture specifically focused September 20, 2013 and focused on on the worldwide revolution in moral Macroprudential Regulation. The Administrative Law Award consciousness that took place over the conference consisted of four panel course of 200 years in which opinions on slavery changed discussions, including Bank Capital Professors Jerry L. Mashaw and Kevin from nearly universal acceptance to worldwide and Liquidity Requirements; Bank M. Stack ’97 were jointly chosen for the What’s so funny about a Super PAC? condemnation. Anderson is the Arthur F. Thurnau Professor Transparency and the Financial American Bar Association’s 2013 Annual and John Dewey Distinguished University Professor of Crisis; Accountability and Scholarship Award for best published work On October 18, students, faculty, and Philosophy and Women’s Studies at the University of Structuring of Systemically Important Financial in administrative law. It was the third time staff were treated to a special Dean’s Lecture Michigan, Ann Arbor. Institutions (SIFIs); and Cross-Border Resolution. The that the ABA’s Administrative Law Section with comedian and television personality event was presented by the Yale Law School Center for recognized Professor Mashaw and the first Stephen Colbert and Trevor Potter, Colbert’s the Study of Corporate Law. recognition for Kevin Stack, Professor of Super PAC lawyer and a former Federal Election Law and Associate Dean for Research at Commission chairman. Moderated by Sterling Professor Daron Acemoglu, the Vanderbilt Law School. The ABA Annual Professor of Law Akhil Amar ’84, “A Conversation Elizabeth and James Killian Professor Scholarship Committee selected Mashaw with Stephen Colbert and Trevor Potter” offered Professor Richard H. Pildes, of Economics at the Massachusetts in recognition of his book, Creating the an entertaining and enlightening look into the the Sudler Family Professor of Institute of Technology, delivered the Administrative Constitution: The Lost One Colbert Super PAC’s legal challenges. After the Constitutional Law at New 2013–2014 Judge Ralph K. Winter Hundred Years of American Administrative talk, students crowded into the Dining Hall, York University School of Law, Lecture on Corporate Law and Law (Yale University Press, 2012) and Stack where the Comedy Central star posed for photos delivered the 2012–13 Ralph Governance on September 23, 2013. for his article, Interpreting Regulations, 111 and interacted with the crowd. Gregory Elliot Lecture titled The lecture was titled “The Value of Mich. L. Rev. 355 (2012). “Romanticizing Democracy Political Connections in Turbulent and the Decline of American Times: Evidence from the United Government,” on Nov. 18, 2013. States.” Professor Acemoglu discussed Pildes discussed how the how companies in the United States country’s political institutions Professor Michael J. Graetz Receives National Award, Updates Tax Plan typically do not benefit from being connected to seem increasingly able to prominent political figures, despite the opposite being govern only on the precipice Michael J. Graetz, Justus S. Hotchkiss Professor Emeritus of Law, received the Daniel M. Holland Medal true in developing countries. of a crisis, and described the concept of “political from the National Tax Association. The Medal is awarded for outstanding contributions to the study and fragmentation”—the splintering of the political parties practice of public fnance. into factions over which political leaders are less and less Graetz also presented his new “Competitive Tax Plan” at the association’s annual conference in able to exercise unifying control. Pildes is co-author of the November. The plan, he says, is “an update and an epilogue” to his book 100 Million Unnecessary Returns: Videos of some of these lectures can be found at casebook, The Law of Democracy and a co-editor of the A Simple, Fair, and Competitive Tax Plan for the United States, which advocated for a value-added tax (VAT) www.law.yale.edu/videos book, The Future of the Voting Rights Act. that would act as a national sales tax. Graetz is a leading expert on national and international tax law. In addition to his appointment at Yale Law School, he serves on the Columbia Law School faculty as Columbia Alumni Professor of Tax Law and Graetz the Wilbur H. Friedman Professor of Tax Law. He has written many books on federal taxation as well as more than sixty articles on a wide range of tax, international taxation, health policy, and social insurance issues. His most recent book, The End of Energy: The Unmaking of America’s Environment, Security and Independence, was published in 2011 and assesses U.S. energy policy. For more information on Graetz’s new tax plan, visit www.law.yale.edu/news/17685.htm. Colbert photographs by Harold Shapiro Harold by photographs Colbert