et al.: Penn Law Journal: The Obama Corps PENN LAW JOURNAL UNIVERSITY OF PENNSYLVANIA SPRING 2010 VOLUME 45 NUMBER 1 The 0 bam a Corps Up From the Streets page 24 Fantasy Baseball Made Real page 30 Published by Penn Law: Legal Scholarship Repository,In Memory 2014 of Ed Baker page 54 1 Penn Law Journal, Vol. 45, Iss. 1 [2014], Art. 1 Penn Law Journal has gone green. As a green publication, we will only use paper and choose printers who meet certified en­ vironmental practices. In doing so, we will contribute to conservation efforts and act as good stewards of the environment. ., This publication was printed on recycled paper that meets ~.., the EPA standard with 15% post consumer waste fiber. • Green Seal certified • Green-e" certified • Made with wind-generated electricity • Acid free and archival • Elemental chlorine free Mixed Sources Product group from well-managed forests, controlled sources and !;j recycled wood or f1bre FSC ~!s~~!~~:=a~3~~~C~~n~~~02315 https://scholarship.law.upenn.edu/plj/vol45/iss1/1 2 et al.: Penn Law Journal: The Obama Corps PENN LAW FEATURES ObamaCorps 12 \1 \\ l i Up From the Streets 24 1c 1 J<>L rn<" '' ,., , '' "' pn I I . t >IIi 1 ',lwn 1 \Lc 1 I\\ I 1 \I \'I "' -, ll l 1r- [ •n 1~ I 1.• r- Fantasy Baseball Made Real 30 ) ,. I I <I 1• lJ 11 <HthJcT:--.1\ \ll"t)JH \ll'\ 1111 .l"-Ld ._1 I,\ I l (' kl I , \X f ( I . I >fl 1\\ lL "' t hL '-, \I 1 ork \, til ', 1 >I 1 1 :-.l r 11 l I II I IL 1 \I\ n ' ,, I I " \\ ·I!" -. l l I l Ji. l I 1 '11< I, The Passing of a First Amendment Scholar 54 \ I I' II ) 1 > I r 1\. bl '1 1'(1( 1 I I I l' I ,rl· I ''I I I I ,\L l DEPARTMENTS A Message from the Dean The Brief 4 l=acu ty News and Publications The Ca'l1paign for Pern Law Alumnt Briefs n Memor '"l'l1 C'ac;e Cloc;ed Published by Penn Law: Legal Scholarship Repository, 2014 3 Penn Law Journal, Vol. 45, Iss. 1 [2014], Art. 1 PENN LAW JOURNAL EDITOR Larry Teitelbaum DESIGN Warkulwiz Design Associates CONTRIBUTING WRITERS Walter Campbell Kristin Ekert Robert Strauss PHOTOGRAPHY CREDITS Greg Benson Mark Eye rl y Jill Iacovelli Ira Wexler EDITORIAL ASSISTANT Julia Harte VIEW THE PENN LAW JOURNAL ONLI NE AT www.law.upenn.edu/alumni/alumnijournal for publication w ith A Quick Click KEEP I N TOUCH Send news and photos by traditional mail and e-mail to the attention of the Editor. COR RECT IONS Every effort has been made to ensure accuracy in this Journal. We offer o ur sin cere apologies for a ny typographical errors or omissions. Please forwa rd any corrections to the attention o f: Larry Teitelbaum, Editor, Penn Law Joumal University of Pennsy lvania Law School 3400 Ches tnut Street, Phil adelphia, PA 19104-6204 (215) 573 7182 (215) 573 2020 [email protected] www.l aw.upenn.edu The Uni versity of Pennsylvania vallll:s di versity ~tnd seeks tal ented students, facul ty ~1 nd staff from diverse bac kgrou nds. Th e Un ive rsity of [>en nsylvania docs nor discr iminate on rhe basis of race, sex, sex ual o r i ent ~Hi o n , rdigion. color, nationa l or crhinic origin , age, disability, or status as <1 Vicrnam Era Veteran or disabled vetc r ~1n in th e administrati on of cduc~ui ona l policies, programs or <K ti viries; adm issions po li c ie s~ sl" hobrship and lo;lll awa rd s~ ~uhlctiL· or other Univers ity administe red programs or employmt: nr. Questions or com pbints reg ~udin g thi s policy should be directed to: Execu tive Director, Offlct of Affirma tivL' Al..' rion and Equal Employme nr Program s, 3600 Ches rnut Street, Sansom Place Ea st, Sui te 22 H, Philadelphia, PA 19104 -6 106 or (215) PX4 PennLaw 89H 6993 (Voice ) or (2 15) H98 7H03 iTDD). ~ UNIVFRSITY o{ PECONSY\.V ,\:-J \."1 L.IW SC \ IOOL https://scholarship.law.upenn.edu/plj/vol45/iss1/1 4 et al.: Penn Law Journal: The Obama Corps A MESSAGE FROM THE DEAN WE ALL HAVE EX PERl ENCES that help chart our professional li ves. For me, one critica l period was my se rvice in the Depa rtment of Justice's Office of Legal Counsel in the 1980's, when the role of government was being defined and the limits of legal doctrine being tested. T hose four years provided me with a political educati on that I found life-defining. It deepened my inrerests in pres identi al povver, se parati on of powers and administrati on, all of which have borne fruit later in my own teaching and scholarship- and, ultimately, in my interest in servin g as Dean of this great Law Sc hool. We are perhaps reli ving a similar moment in American history, which is formative for the whole country as well as in the careers o f many young Penn students and alumni. One Penn Law MICHAEL A. F'TTS Dean c nd Berrard G. Segul student who worked this year in our wonderful Legislative Clinic, for example, ve tted Supreme Professor of Law Court nominees thro ugh the Senate Judicia ry Committee. Another student was assigned the health ca re reconciliation bill as an intern with the Senate Finance Committee. In the latter case, the student scrubbed the legislation and fl agged the areas with budget implications- a ll before participati ng in an exclu sive meeting with the Senate parliamentaria n. These are encounters they will never forget. M any of our alumni a re having si milar experiences in the young Obama administrati on. They are the subject of th e current issue, which focuses on four young alumni who have heeded the call to se rvice: Olivier Kamanda L'09, Kirsten White L'0 7, N icole Isaac L' 04, a nd Dan Restrepo L' 99. They have been joined in the administration by professor Bill Burke-White, who is on leave from the faculty. All of them pulse with the same exci tement and sense of purpose I felt, as they conduct the na­ tion's business and help make tomorrow's headlines. For them, I am sure it is hard to beli eve how close they are to th e center of gravity. Every time they walk into the W hite House, the Situation Room, the Capitol or the State Department, or step up to the Press Room podium, as one of the featured alumni did, the enormity of their jobs hits home. They are part of history - their baptism by fire will have an enormous impact on th eir lives. Such opportunities do not come along ve ry often. But when they do, it is wise to seize them. Already, one of the students in the clinic is plotting a potential path to the White House. She's going to work for a prominent D. C. firm after graduation. Her goa l is to parlay that work into a job in a future presid ential administration. If so, we'll feature her in the Penn Law .Journal. Published by Penn Law: Legal Scholarship Repository, 2014 3 5 Penn Law Journal, Vol. 45, Iss. 1 [2014], Art. 1 THE BRIEF LAW SCHOOL NEWS & EVENTS defendants. Bibas says, "There were students volunteering as Penn Law Students Help we were getting the Clinic set up, to go off and do research Win Supreme Court Case on these different things. H ow many non-citizens are going to be affected, and for what kinds of things w ill they be a ffected? UNIVERSITY OF PENNSYLVANIA Law Schoo l studen ts' H ow many times are they nor getting the right info rmation fr om work on the Sup reme Court case, Padilla v. Kelltucky has re­ their la wyers?" sulted in the Court ruling in their fa vo r. The Supreme Court The ruling w ill have a tremendous impact on criminal ca ses decision means rhar la wyers must tell non-citizen criminal against non-citi zen s. "The defense lawyer has to be effective defenda nts w hether pleading guilty ro a crime could lead to in warning vou a bo ut this major thing rh ;lt's looming and on their deportation. "For the many, many non-citi zens caught up in the Ameri can criminal jus­ ri ce system, there's ;1 very impo rtant point of m<1king sure they know what they're getting into," savs Professor Srephanos Bibas. J ose Padilla, a leg;d per­ ma nent U.S. resident w ho li ved in the United Stares for 40 years, ha d been wrongly to ld b y hi s attor­ ney that altho ugh he wasn't a citizen, he would nor be depo rted if he pleaded guilty to a drug cha rge. Professor Bibas and stu­ dents in hi s Supreme Court Clinic helped shape the ar­ guments fo r the case, which tests the limits of the Si xth Amendment's guarantee of effective assistance of coun­ se l fo r no n-citize n crimina l 4 https://scholarship.law.upenn.edu/plj/vol45/iss1/1 6 et al.: Penn Law Journal: The Obama Corps the horizon," says Bibas. "The defense lawyer has to tell the client, 'this crime carries automatic deportation' and maybe Berry Blames Right­ where it's not so automatic, warn him 'there's a possibility of Tilting Supreme Court deportation here, and you need to talk with someone about it for more details."' for Watered Down Civil The students researched state laws to see whether there are differences concerning the ethical obligations attorneys have Rights Laws when advising clients on the consequences that a guilty plea IN THE SHIFTING SANDS of modern American politics, might have on immigration status.