GEORGETOWN LAW Res Ipsa Loquitur Spring/Summer 2015 WHO’S WATCHING YOU? Our New Center on Privacy and Technology Has Some Surprising Answers Letter from the Dean echnology is transforming the legal landscape, and here Tat Georgetown we are making an unprecedented push to prepare students for this new world. We offer courses on information privacy law and the law of cyberspace. We offer practicum students the chance to design legal apps for real- world partners, thus providing more legal services to people in need. And we have just established the Mark Claster Mamo- len Professorship in Law and Technology, to which Professor Julie Cohen was formally installed on April 1. GEORGETOWN LAW I’m especially proud of our new Center on Privacy and Technology (see page Spring/Summer 2015 20). In less than a year it has become a thought leader on matters of utmost impor- ANNE CASSIDY tance, such as protecting the privacy rights of vulnerable populations. The Center Editor has hosted conferences, produced white papers and is offering a first-of-its-kind ANN W. PARKS partnership class in which professors and students from Georgetown join profes- Senior Writer sors and students from MIT to examine the privacy implications of everything from BRENT FUTRELL Director of Design Fitbits to smart TVs. We’re excited to be creating, in the words of the Center’s INES HILDE executive director Alvaro Bedoya, “lawyers who can speak engineer.” Senior Designer This is a pivotal time for privacy issues, and Washington, D.C., is the perfect EMILY ELLER place to be studying them. Many of the country’s key privacy decision-makers work Communications Coordinator within a few miles of campus. One of them, our own Professor David Vladeck, ELISSA FREE Executive Director of Communications formerly director of the Federal Trade Commission’s Consumer Protection Bureau, KARA TERSHEL is one of the Center’s faculty directors. Director of Media Relations But Vladeck is only one of many professors who bring government experiences RICHARD SIMON directly into the classroom. Our professors serve in key government posts, provide Director of Web Communications expert testimony, and help shape national policy in many ways. Every student at SAM KARP Senior Video Producer Georgetown Law gets to experience the D.C. advantage — which is what we call MATTHEW F. CALISE the powerful combination of place and expertise that makes our school special (see Director of Alumni Affairs page 32). KEVIN T. CONRY (L’86) The D.C. advantage was on full display last fall at our first Family Weekend (see Vice President for Strategic Development and External Affairs page 44), when we hosted a crowd of 1L students and their parents, grandparents, WILLIAM M. TREANOR spouses, children and siblings. More than 500 people from 25 states came to hear Dean of the Law Center Executive Vice President, Law Center Affairs such speakers as Rep. John Delaney (L’88), D.-Md., and Adjunct Professor Kenneth Feinberg (H’14), the special master of the federal 9/11 Victim Compensation Fund. Cover design: Ines Hilde The event was made possible by the new Parents Leadership Council, a unique We welcome your responses to this publication. Write to: program that’s helping connect parents to their students and to this wonderful Editor, Georgetown Law Georgetown University Law Center institution. 600 New Jersey Avenue, N.W. Washington, D.C. 20001 We’re excited to welcome parents to the Georgetown Law community, a com- munity made richer every day by your dedication and hard work. It’s a community Or send e-mail to: [email protected] that continues to amaze me — a community to which I’m so very proud to belong. Address changes/additions/deletions: 202-687-1994 or e-mail [email protected] Sincerely, Georgetown Law magazine is on the Law Center’s website at www.law.georgetown.edu Copyright © 2015, Georgetown University Law Center. All rights reserved. William M. Treanor Dean of the Law Center Executive Vice President, Law Center Affairs GEORGETOWN LAW Res Ipsa Loquitur Spring/Summer 2015 20 Who’s Watching You? Our new Center on Privacy and Technology has some surprising answers. By Anne Cassidy 32 The D.C. Advantage The Law Center’s academic strength paired with its Washington, D.C., location packs a powerful punch. By Ann W. Parks 32 44 All in the Family At Georgetown Law, students aren’t the only ones who feel at home. By Ann W. Parks 52 Torture, Power, and Law “One of the most basic questions a book on torture must answer is what exactly torture is.” So begins this excerpt from Professor David Luban’s new book, Torture, Power, and Law. By David Luban 52 2 Faculty Notes 20 Features 6 Lectures & Events 58 Alumni 58 CLASS NOTES 69 CLE CALENDAR 60 IN MEMORIAM 70 HONOR ROLL OF DONORS 68 ALUMNI PROFILE 78 ALUMNI EVENTS FACULTY NOTES Edelman Becomes Carmack Waterhouse Professor of Law and Public Policy Edelman used his installation address the New York State Division for Youth and to discuss what he called “two intertwined vice president of the University of Mas- crises in our country” — one the “quiet sachusetts. He was a legislative assistant crisis in civil justice for people who have to Sen. Robert F. Kennedy and was issues to navigate courts without a lawyer” and director for Sen. Edward Kennedy’s presi- the other a deep and pervasive poverty. dential campaign in 1980. Edelman takes issue with those who say He was also a law clerk to Justice we fought a war on poverty and poverty Arthur J. Goldberg of the U.S. Supreme won, noting that poverty was cut in half in Court and to Judge Henry J. Friendly of the the 1960s and that such policies as Social U.S. Court of Appeals for the 2nd Circuit. Security, the Supplemental Nutrition In addition, he worked in the U.S. Depart- Access Program (SNAP), housing vouchers ment of Justice as special assistant to and, most recently, the Affordable Care Act Assistant Attorney General John Douglas. have made inroads into it. Edelman is the author of So Rich So Poor: But persistent low wages, changes Why It’s So Hard to End Poverty in America in family structure, the decline of public (2012) and Searching for America’s Heart: education, mass incarceration, the loss of RFK and the Renewal of Hope (2001) and affordable housing and other changes have the co-author of Reconnecting Disadvan- BILL PETROS created a widening income gap between taged Young Men (2006). the very rich and everyone else. Income “Peter Edelman is a top-notch teacher, ur work as law professors and law- is unequally distributed by race as well: an outstanding scholar and one of the yers and members of our various “O While 10 percent of white Americans live nation’s most highly-regarded anti-poverty communities is to contribute in whatever in poverty, 25 percent of Hispanics and 27 advocates,” said Dean William M. Treanor, ways we can to create a vibrant economy percent of African Americans do. announcing the new Carmack Waterhouse for everyone,” said Professor Peter Edelman Edelman, who is faculty director of Professor of Law and Public Policy. at a February ceremony marking his formal the Center on Poverty and Inequality, is an installation as the Carmack Waterhouse expert in constitutional law, legislation and Professor of Law and Public Policy. social welfare. He has served as director of 2 SPRING/SUMMER 2015 • GEORGETOWN LAW FACULTY NOTES BILL PETROS Professor Lawrence Solum delivers his inaugural address as Carmack Waterhouse Professor of Law on Oct. 29. Solum with his students shortly after his installation. Solum Installed as Carmack Waterhouse Professor of Law n October 29, before a capacity Defining a “jurisprudential gestalt” as great teacher and wonderful colleague,” Ocrowd in Gewirz Student Center, that which provides “the framework, the and Professor Randy Barnett introduced Professor Lawrence Solum was formally lens and the perspective from which and by Solum by summing up his career and influ- installed as the Carmack Waterhouse Pro- which we organize thought trends, history ence: “There really is no other professor fessor of Law. and theory into a coherent whole,” Solum who so richly deserves the title of Carmack In his inaugural address, “The Juris- took listeners on a tour of legal realism and Waterhouse Professor of Law as does Larry prudential Gestalt,” Solum described his its adversary formalism and described how Solum. For that is what Larry Solum is and early desire to be a law professor and how the latter has endured despite efforts to what he has always dreamed of being — a he taught himself law by reading cases subvert it. true professor of law.” and journal articles while he was still in “Originalism, the constitutional form of The Carmack Waterhouse Professor- high school. “By the time I started my first legal formalism, had legs. Like the walking ships at Georgetown Law, which include year of law school I’d been reading law for dead, killing it did not stop its advance,” professorships in law, medicine, ethics and a dozen years,” he said. “I grew up in the Solum said. “Can we imagine a world … public policy, and state and local govern- law, therefore, as a wildling, untutored and where judges and scholars agree that the ment, were established by the late Car- untrained, putting together a picture of plain meaning of statutes governs except mack Waterhouse (L’35) and his wife, the law from the raw materials without the in extraordinary circumstances?” Solum Mary, with a gift from their estate. Water- expert tutelage of the legal professoriate.” asked.