University of Chicago Law School Chicago Unbound The nivU ersity of Chicago Law School Record Law School Publications Spring 3-1-1998 Law School Record, vol. 44, no. 1 (Spring 1998) Law School Record Editors Follow this and additional works at: http://chicagounbound.uchicago.edu/lawschoolrecord Recommended Citation Law School Record Editors, "Law School Record, vol. 44, no. 1 (Spring 1998)" (1998). The University of Chicago Law School Record. Book 83. http://chicagounbound.uchicago.edu/lawschoolrecord/83 This Book is brought to you for free and open access by the Law School Publications at Chicago Unbound. It has been accepted for inclusion in The University of Chicago Law School Record by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CONTENTS Spring 1998 F E A T u R E s Editor A Message from the Dean Dan McGeehan By Dean Douglas G. Baird 2 E-mail: [email protected] Associate Dean and Director of External Relations Judith [obbitt Intellectual Property: Top Down and Bottom Up By Richard A. Epstein 4 Credits Pbotograpby: Matt Gilson, cover, page 2. Stephanie Leider '87, pages 36, 37 (top). Dan Bill 26. McGeehan, page 21. Petros, page '00 Rutgers-Camden Law School, page 31. Randy Tunnell, pages 27, 28 (top), 29 (bottom), 43, 48. By Dean Ellen M. Cosgrove 91 10 Roger Williams University, page 37 (bottom). University of Virginia, page 22. Washington University School of Law, page 28 (bottom). WCA International, page 40. The 1996·97 Honor Roll of Donors The University of Chicago Law School Record 13 The Law School Record (ISSN 0529-097X) is pub­ lished twice a year, in spring and fall, for graduates, students, and friends of The University of Chicago Law School, 1111 East 60th Street, Chicago, D E p A R T M E N T s Illinois 60637. Copyright © 1998 by The University of Chicago Law School. Changes of Law News 18 address should be sent to the Office of External School Relations at the Law School. Telephone (773) 702- 9486. Copies of the Law School Record are avail­ able from William S. Hein & Co., Inc., 1285 Main Class Notes 24 Street, Buffalo, New York 14209, to whom inquiries should be addressed. Current issues are also avail­ able on subscription from William S. Hein & Co. In Memoriam 46 VOLUME 44, SPRING 1998 - 1 A MESSAGE FROM THE DEAN by Douglas G. Baird Harry A. Bigelow Distinguished Service Professor of Law and Dean Three new mern­ many respects, the Law School is faculty what it is because it never fails to bers focus on corporate and commercial law: Saul Lev­ Inrenew itself. I am reminded of this Lisa Bernstein Eric each quarter as classes convene and the more, and Posner. now the Brokaw intellectual energy that has always char­ Saul, acterized us fills the lecture halls. Professor of Cor-porate Law at the of Whether in torts with Richard Epstein or University Virginia, Alan Sykes, jurisprudence with Martha visited the Law School in the Nussbaum, or law and economics with fall of 1993. He has taught at Yale and Richard Posner, our vitality is abundant­ Harvard, Michigan. lyevident. A major legal scholar for An important dimension of this more than a decade, his work commercial renewal is the appointment of new facul­ spans law, corpo­ ty. In recent months, the Law School rate law, tax, restitution and extended offers to eight of the most procedure. Lisa Bernstein sought-after academics on the market. I taught and am pleased to report that all eight accept­ corporations corporate at the Law ed and we are bringing onto the faculty governance School last fall. perhaps the most extraordinary group ever Coming from Lisa has to join a law school in a single year. Georgetown, Dean Douglas G. Baird We have hired two brilliant teachers examined how mercantile of tax: Julie Roin and David Weisbach. norms and commercial law interact. Her one of our longest and worthiest tradi � Julie, the Doherty Professor at the creative empirical work and dedication tions flourishes. to the law in action make University of Virginia, taught here as a understanding Chicago has long been known for her an intellectual heir to Karl visitor in 1993 and we have finally been Llewellyn bringing together the most promising and Soia Mentschikoff. able to persuade her to come here perrna­ young legal scholars in the country and Eric of law at the nently. With Joseph Isenbergh, she is this Posner, professor we have done so again this year with Jill of bank­ country's leading authority on interna­ University Pennsylvania, taught Hasday, Douglas Lichtman, and Adrian tional taxation. She will teach both the ruptcy as a visitor last fall. Drawing heav � Vermeule. Jill graduated from Yale Law on and Eric basic taxation course and the course on ily sociology game theory, with a perfect record and is now clerking covers all areas of commercial and taxation of derivatives and other new corpo­ on the D.C. Circuit for Judge Wald. She financial instruments. rate law. has written on family law and federal David Weisbach worked in Treasury In short, commercial law remains in jurisdiction, and will strengthen both hands. Saul's and after graduating from Harvard. In his sec­ good far-reaching areas of our curriculum. eclectic Lisa's ond year of teaching at Georgetown, he imagination, empiricism Douglas Lichtman earned his under­ and Eric's commitments has proved himself to be a most promising interdisciplinary graduate degree in computer science run true to the values we have young tax scholar. David and Julie togeth­ always from Duke, where he finished first in his er will ensure the continued success of the had. With Randy Picker (who was class. Also a graduate of Yale and an Olin University of Chicago Tax Conference appointed as the first Paul and Theo Fellow there, he is regarded as the most Law (founded by Walter Blum and now cele­ Leffmann Professor of Commercial promising young academic in intellectual brating its 50th anniversary). earlier this year), they will ensure that property and the law of cyberspace. 2 THE LAW SCHOOL RECORD Adrian Vermeule, a graduate of Harvard Law, is now a research fellow at has Georgetown. He clerked for David Chicago long Sentelle and Antonin Scalia before join­ Kirkland & Ellis. His work on statu­ been known for ing bring� tory interpretation (soon to appear in the Stanford Law Review) has already drawn ing together the most considerable attention. Law School continues to promising young legal flourish over many other fron­ in coun­ Thetiers. The construction of the scholars the new classrooms and the Arthur Kane Center for Clinical Education we Legal try and have done • remains on schedule and under budget. Everything will be ready by fall quarter so a a i n and we are planning to hold the dedica­ g tion shortly after Labor Day. this Our clinical program, likewise, is thriv­ year. ing. About thirty percent of our students work in the Clinic before they graduate more energy to strategic planning and and demand for clinical placements far alumni fundraising. I am therefore espe­ exceeds availability. Under the leadership dally pleased to report that Judy [obbitt of Randolph Stone and the clinical facul­ has joined us as an associate dean and ty, our students are presented with a num­ director of external relations. ber of challenges in the different projects: Judy holds degrees from Northwest­ homeless, anti-poverty, criminal and juve­ ern's Kellogg Graduate School of nile justice, employment discrimination, Management and its Mcdill School of and mental health. As we reach the end of Journalism. Her first career was as a jour­ the Clinic's fourth decade, I am pleased to nalist. She then turned to development tell you that the faculty has· decided to work, first at a social service agency and expand the Clinic in a new direction by then at Rush- Presbyterian-St. Luke's Associate Dean Judy Jobbitt introducing an exclusively transactional Medical Center, where she shepherded program that will focus on helping entre­ major gifts. Returning to Northwestern, School and, as our Centennial nears, preneurs in the inner city start and run she was Assistant Dean for Development will be turning to you to help plan our their own businesses. Modeled on the at Kellogg and then Assistant Vice future. Now, more than ever, your advice, MacArthur Justice Project, this program President of University Development. counsel and support are critical. I hope to in entrepreneurship will be done jointly For the last two years, she has been see many of you in my travels over the with the Institute for Justice. responsible for planning Northwestern's next year and, should you find yourself Our success in expanding the faculty $1 billion comprehensive campaign. back on campus, please make a point of and Clinic requires that we devote even These are exciting times at the Law stopping by my office. + VOLUME 44, SPRING 1998 3 • • FALSE UTOPIAS their angst, they feel compelled to construct some alternative utopia, which from a dis­ top too often, lawyers receive bad press tance looks so pure and so rhapsodic that we for their role in modern commercial can only dare hope intellectual property will Allsociety: They are regarded as the reach that same level of coherence, simplici­ down fount of all obstacles to innovation and ty, and rationality. To carry out this program, improvement. Oftentimes I am happy to join intellectual property takes as its benchmark a fifth column against the excesses of law, the law of property as it relates to land and notwithstanding my own training and ere­ commodities such as wheat.