The The Nonprofit Org. laws in translation Professor Jerome Cohen has spent U.S. Postage Law School PAID his life bridging East and West, and Rochester, NY promoting the rule of law in China Office of Development and Alumni Relations Permit No. 841 The 161 Avenue of the Americas, Fifth Floor beyond borders New York, NY 10013-1205 Ten experts debate what’s at stake T H E at the intersection of immigration M A Law School THE MAGAZINE OF THE NEW yorK UNIVERSITY scHOOL OF Law | 2009 and law enforcement G A Z INE OF T H E NEW yor K K UNI V ERSITY sc H OO L L OF L aw | 2009 Brick by cahill gordon & reindel llp cravath, swaine & moore llp fried, frank, harris, shriver & jacobson llp paul, weiss, rifkind, wharton & garrison llp sullivan & cromwell llp Brick wachtell, lipton, rosen & katz weil, gotshal & manges llp Between Liberty 2009 | V and Security O L U Find out what you can do to have Please contact Marsha Metrinko at M IN THE WAKE OF 9/11, SACRED TENETS OF DEMOCRACY ARE BEING challengED E your firm acknowledged on our (212) 998-6485 or [email protected]. XIX WALL OF HONOR. and A NEW LEGAL DISCIPLINE grapples WITH the FallOUT. Take A Shot f r i d a y & y a d i r f 16–17, saturday 2010 aprilnyu school of law $400 Million 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 Please visit law.nyu.edu/reunion2010 for more information Increase Alumni Participation Rate Double the to 30% Annual Fund Contributions Ourof any historic amount capital bring campaign us closer concludes to hitting allon threeDecember of our 31, campaign 2009. targets. For more information: Nick Vagelatos, Campaign Manager | (212) 998-6007 | [email protected] A Message from Dean Revesz one of the institutional characteristics of the nyu school of law that I am most proud of is its innovative spirit. Our forward-thinking faculty and student body are always trying out ideas. This can manifest itself on a small scale—as when Katrina Wyman structured an environmental law seminar around the recent nonfiction book Last Flight of the Scarlet I also greatly admire Jerome Cohen’s expertise and fore- Macaw—or it can loom large. sight; he is profiled by Pamela Kruger beginning on page 30. In our cover story, “A Measured Back in the 1960s Jerry studied Mandarin in his Berkeley base- Response,” starting on page ment, which led to his taking part in many watershed moments 12, Paul Barrett examines how over the last four decades as China became a world power— NYU Law gave shape to a new from Nixon’s historic trip in 1972 to the 2008 election of Jerry’s field—Law and Security—in former student Ma Ying-jeou (LL.M. ’76) as president of Taiwan. response to the events of 9/11. Nancy Morawetz ’81 gathers nine colleagues and former In particular, Barrett details students on page 24 for a fascinating discussion of one of the the scholarship of six faculty thorniest issues of our times: immi- members whose work is central to this field: David Golove, gration enforcement. Ten years ago Stephen Holmes, Richard Pildes, Samuel Rascoff, Margaret Nancy started the Immigrant Rights Satterthwaite ’99, and Stephen Schulhofer. (Rascoff, one of Clinic, which has inspired influential the nation’s first tenure-track faculty in national security student casework, launched many law, just won a Carnegie grant to research the U.S. govern- careers, and been widely imitated by ment’s understanding of Islam.) Barrett also reports on the law schools across the nation. singular leadership of Karen Greenberg at the Center on This fall, Joseph Weiler inaugu- Law and Security, where she boldly gathers a global mix rates two centers, described on page of police and military officials, 39. His powerful vision is to make an judges, investigative journalists, academic home on Washington Square for great thinkers of and high-level policy experts our time, giving them the freedom to explore their ideas. We as fellows and guests to engage welcome the distinguished fellows of the Straus Institute for in an informed dialogue—with the Advanced Study of Law & Justice and the Tikvah Center for real-world consequences. Law & Jewish Civilization to our campus, where they will surely I am especially proud enrich the Law School’s intellectual discourse. that the emerging fields of The past year has been marked by two galvanizing Law and Security and Law of events: the financial crisis and the presidential election. I am Democracy—last year’s cover impressed by our alumni serving the public through their story—were incubated and developed by our faculty. In each roles in the economic recovery and the Obama administration. year’s magazine, we feature an area of law in which I am con- I want to highlight David Kamin ’09 and our back-page subject, fident a peer review would say we lead the way among top law Max Kampelman ’45. Kamin graduated in January and imme- schools. Past articles have highlighted our programs in inter- diately became special assistant to Peter Orszag, director of the national, environmental, and criminal law, as well as in legal Office of Management and Budget. Kampelman, an ambassa- philosophy, civil procedure, and clinical law. To maintain our dor in the Carter administration and Reagan’s arms negotiator, leadership even during this recession, we continue could be enjoying a leisurely retirement; instead, to invest in expanding our faculty, and I am pleased, he has shown an inspiring determination to bring in this issue, to introduce five full-time tenured addi- about the global eradication of nuclear arms. I tions. My joy is tempered, however, by the death couldn’t ask for better examples of graduates who last May of our esteemed colleague Thomas Franck. Richard REvesz are devoted to making the world a better place. The Law School the magaZine of the new york university school of law | 2009 SENIOR DIRECTOR OF COMMUNICATIONS Elyse Mall Klayman 4 92 student scholarship MANAGING EdITOR Tabatha Abu El-Haj (J.D./Ph.D. ’08) makes Jeanhee Kim Notes & intriguing observations about the right of assembly, and Brian Burgess ’09 examines CREATIVE DIRECTOR Renderings David Niedenthal preemption of environmental law. Debo Adegbile ’94 argues the Supreme DESIGNERS Court’s most-watched case; Nagel, Rascoff, Michael Bierman Kara Van Woerden and Stevenson win big awards or grants; Karin Wood NYU Law Review editors take a lead in put- 97 CONTRIBUTING EDITORS ting legal scholarship online; and more. Around the Pamela Kruger Jill Rachlin Marbaix Law School EdITORIAL ADVISER Albright, Volcker, and Brown promote Elizabeth Rohlfing 43 multilateralism; HUD Secretary Donovan SENIOR WRITER Faculty Focus makes his first policy speech; Holbrooke Atticus Gannaway blasts U.S. action in Aghanistan; and more. An illustrious tribute to DESIGN COORDINATOR Andreas Lowenfeld; Julia Lovallo moving remembrances of Thomas Franck; EdITORIAL COORDINATOR course innovations by Geoffrey Miller 109 Brad Tucker and Katrina Wyman; and more. Alumni CONTRIBUTING WRITERS Thomas Adcock, Daniel Benjamin, Carol additions to the roster Eisenberg, Gretchen Feltes, Catherine Fredman, 53 Almanac Jennifer Frey, Edna Ishayik, Elizabeth Lynch, The Law School welcomes five Radhakrishnan ’02 fights unfair patents; Travis Mushett, Helaine Olen, Roger Parloff, new faculty members, includ- Anthony Ramirez, Dody Tsiantar Wall Streeter Glickenhaus ’38 keeps ing Richard Epstein, and calm; Barofsky ’95 becomes TARP czar; PHOTOGRAPHERS 32 visiting faculty and fellows. Mathieu Asselin, Dan Creighton, Mark Steinberg ’82 is Alumna of the Year; Finkenstaedt, Annemarie Poyo Furlong, Boies (LL.M. ’67) remembers Bush v. Gore; Phil Gallo, Elena Olivo, Ilene Pearlman, faculty scholarship Don Pollard, Debra Rothenberg, Leo Sorel, 64 and more. Juliana Thomas Cynthia Estlund, Cristina Rodríguez, and Jeremy PHOTO RETOUCHING Mitchell Hartman, Benjamin Jackson, Waldron share excerpts from Tito Saubidet their recent academic work. 121 Printed by Full Circle Color Making good reads Special thanks to the NYU Photo Bureau 75 A list of works published in 2008 by the Grade COPY EdITORS full-time faculty. Plus, excerpts from U.S. envoy to Afghanistan Zalmay Heidi Ernst, Parlan McGaw, Emma Winter recent books by Lily Batchelder, Barry Khalilzad extols the rule of law, and EDITORIAL AssISTANTS Friedman, and Margaret Satterthwaite ’99. Secretary of State Clinton takes to the Tania Nguyen, Andrelie Suarez (Yankee) field. STUDENT CONTRIBUTORS Michelle Christenson ’08 (LL.M. ’09), Nadia Khan (LL.M. ’09), David Kienzler ’10, 81 Ruben Loyo ’11, Lindsey Raub ’09 Student 128 Please send your comments to A Chat with... [email protected] Spotlight Reagan’s arms negotia- © 2009 New York University School of Law. A 1L’s African internship culminates tor, Max Kampelman ’45, All rights reserved. in a coronation; Jacob Karabell ’09 at the explains why, at 88, he Supreme Court; Justice Alito presides is campaigning for the over the Marden Moot; and more. abolition of nuclear arms. 12 From the Ashes Most of the world reacted with shock and grief after 9/11. A mile away from Ground Zero, at its Washington Square campus, the NYU School of Law shared in the dismay and mourning but then 24 responded in the way it does best: by Our Huddled Masses applying the intellectual powers of its Tough anti-immigration laws and policies faculty and students to untangle the have been in effect in the U.S. since 1986, complicated legal and policy questions long enough to gauge their efficacy. Ten emerging in a changed world. What are alumni and faculty experts debate the costs and benefits of enforcing laws that affect the limits of executive authority? What our social fabric and national security.