the new new deal Faculty and students engage in ideas for making better and more effective government. mediator in chief Ken Feinberg ’70 signs on for the impossible—again. where there’s a wilf THE MAGAZINE OF THE NEW YORK UNIVERSITY SCHOOL OF LAW | 2010 A new academic hall debuts on MacDougal Street. the GUARDIAN He has stared down drug kingpins, Wall Street CEOs, and even the Treasury secretary. How Special Inspector General Neil Barofsky ’95 is protecting the taxpayers’ $700 billion bailout fund. 1956 1961 1966 1971 1976 1981 1986 1991 1996 2001 2006 1956 1961 1966 1971 1976 1981 19 NYU School of Law Reunion Friday & Saturday.NYU April 8-9,Law 2011 Reunion PleasePlease visitvisit law.nyu.edu/reunion2011law.nyu.edu/reunion2010Friday & Saturday, for for Aprilmore more information 8–9,information 2011 A Note from the Dean As many readers know, in each year’s magazine since I became dean in 2002, we have featured an area of law in which I am confident a peer review would say we take the lead among top law schools. Past issues have highlighted our programs in international, environmental, criminal, and clinical law; legal philosophy; civil procedure; and the relatively new fields of law and democracy and law and security. This year, we feature a subject very close to my heart, administrative law and policy. “Building Good Government,” complicated, governance in master for TARP executive by Larry Reibstein, traces how the world has taken on a whole compensation reveals how he NYU School of Law became new dimension. Last year the manages unique assignments the first leading law school Law School was honored to compensating victims of 9/11, to successfully require a 1L host some of the world’s leading Agent Orange, and other disas- course that analyzes statutes scholars of global governance ters. Not three months after and their implementation by for year-long fellowships at the our interview, Ken became administrative agencies. That new Straus Institute for the Ad- President Obama’s choice to our course has thrived for vanced Study of Law & Justice, oversee the BP victims’ fund. directed by University Professor Even in the midst of the Joseph Weiler. For our round- financial downturn, here at table discussion “The Shape of NYU Law we are still investing Global Governance,” the maga- prudently but optimistically in zine invited the Straus fellows the future. In October we will to join Joseph and other key officially open Wilf Hall, a state- faculty members for a thought- of-the-art new academic build- ful conversation about how to ing on MacDougal Street named structure behavior among na- after the family of our trustee tions in the 21st century. donors, cousins Leonard Wilf Democratic government, (LL.M. ’77) and Mark Wilf ’87. of course, is ultimately by and And this fall we welcome six for the people. I am impressed fantastic new professors. They by our alumni, some of whom join a stellar group of full-time have accepted leadership posts faculty recruited during my in which they must make dif- deanship who are whimsically ficult, often unpopular deci- depicted on page 48. sions while our nation grapples The news and ideas that fill with the fallout from the global every page of this magazine financial crisis. Don’t miss our are a credit to you, our alumni, cover story, “The Man Follow- who have supported our in- ing the Money,” in which stitution as it has transformed the last seven years, while it Duff McDonald profiles Neil itself into a world-class law has foundered elsewhere, is a Barofsky ’95, special inspector school. I was thrilled at the testament to my outstanding general for the Troubled Asset March Weinfeld Gala to an- colleagues, who engage with Relief Program. Neil’s track re- nounce the final tally for our policies and politics in their cord prosecuting international seven-and-a-half year capital own practice and scholarship, drug smugglers and fraudulent campaign. We raised a total and use those experiences to mortgage brokers as a U.S. of $415,064,515. The annual bring the subject to life in the assistant district attorney for average raised during our classroom. The conversation the Southern District of New campaign was more than that extends beyond the classroom, York now looks like a blueprint of any other law school cam- too, as this year the Law School for excelling in his unprece- paign. What a wonderful way welcomed key regulatory think- dented role of investigating to celebrate our 175th anni- ers from the Clinton and first and auditing the $700 billion versary. Here’s to another 175 Bush administrations, and held bank bailout. With his forth- great years! several spirited debates about rightness, he reminds me of financial, healthcare, and another alumnus who has auto-industry reform. taken a series of challenging Just as the administration jobs. In “A Chat with Kenneth of U.S. affairs has become more Feinberg ’70,” the then-special richard revesz senior director of communications Elyse Mall Klayman managing editor The THE MAGAZINE OF THE Jeanhee Kim NEW YORK UNIVERSITY SCHOOL OF LAW | 2010 creative director David Niedenthal Law School designers Michael Bierman Kara Van Woerden 4 63 99 Karin Wood FACULTY SCHOLARSHIP senior writer Notes & Around the Atticus Gannaway Ryan Goodman, design coordinator Renderings left, Amy Adler, Law School Julia Lovallo and Samuel Rascoff share editorial coordinator excerpts from their recent Brad Tucker journal articles. Plus, a list of editorial adviser 2009-10 publications by the Elizabeth Rohlfing full-time faculty on page 74. contributing editor Lily Batchelder joins the Andrew Cuomo declares Ellen Stark Senate Finance Committee’s his love for public service; ex- featured writers tax team; New York State 81 perts voice their opinions on Jennifer Frey, Duff McDonald, honors the Offender Reen- the financial crisis; Amartya Larry Reibstein, Dody Tsiantar, Student Amanda Walker try Clinic; will Mohamed Sen helps kick off the Straus ElBaradei (LL.M. ’71, J.S.D. Institute; and more. editorial contributors Spotlight Dennis Chanay ’11, Martin Chavez ’11, ’74, LL.D. ’04) become Egypt’s Temma Ehrenfeld, Stephen Mar ’11, next president?; and more. Veerle Opgenhaffen, Jeanine Plant- Chirlin, Oliver Zhong 109 copy editors 39 Alumni Heidi Ernst, Parlan McGaw, Emma Winter Faculty Focus White House Adviser Valerie Almanac editorial assistants Jarrett (pictured with J.D. Diana Mergiotti, Tania Nguyen, speaker Helam Gebremariam) Andrelie Suarez gives an inspiring convoca- web director tion speech; a new star-stud- Clayton Gates ded weekly panel discussion web editor galvanizes the student body; Jill Rachlin Marbaix The stars come out as the Anthony Foxx ’96 makes a the pros seek Jeremy Babener mark as the new mayor of public affairs officer Annual Survey is dedicated to ’10 for his expertise in tax and Michael Orey Arthur Miller; in an upcoming Charlotte, North Carolina; tort law; Camilo Romero ’12 photographers book, David Garland notes Labor Department Solicitor finds his passionate activism Cover photograph by John Earle a sociological tie between M. Patricia Smith ’77 is the rewarded; and more. Mathieu Asselin, James Block, the U.S. death penalty and alumna of the year; Weinfeld Dan Creighton, Mark Finkenstaedt, lynching; Philip Alston wraps Gala celebrates a blockbuster Annemarie Poyo Furlong, up six successful, principled 95 capital campaign; and more. Sam Hollenshead, Elena Olivo, STUDENT SCHOLARSHIP Don Pollard, Leo Sorel, years as a U.N. special rap- Juliana Thomas porteur; and more. Photo retouching by Benjamin 120 Jackson and Tito Saubidet III ER 50 T A Chat with... S Printed by Full Circle Color ADDITIONS TO O T. F T. THE ROSTER D Special thanks to the VI Allison Westfahl Kong ’10 A D NYU Photo Bureau The Law School / welcomes six exposes serious weaknesses Please send your comments to of endangered species poli- [email protected] new faculty members, in- cies, and Matthew Shahabian E OBSERVER © 2010 New York University ott School of Law. All rights reserved. cluding Daryl ’11 argues for procedural Kenneth Feinberg ’70, RL ha Levinson, and protection in the United administrator of the BP fund, 60 visiting fac- States government’s bank reveals why he keeps agree­­- ulty and fellows. and automaker bailouts. ­​ing to do the impossible— and how he succeeds. ANTHONY FOXX: C 10 Trustees Leonard Wilf (LL.M. ’77) and Mark Wilf ’87 12 1230 22 10 12 22 30 Opening Soon: Solving the Who Rules The 700 Billion Wilf Hall Policy Puzzle the World? Dollar Man The NYU School of Law’s Our faculty made a prescient Twelve leading international As special inspector general newest building is designed decision 10 years ago to legal scholars, political scien- for the Troubled Asset Relief to meet the highest energy require the Administrative tists, and philosophers—all Program, Neil Barofsky ’95 and environmental stan- and Regulatory State as a NYU Law faculty or visiting shoulders the unprecedented dards in the United States. first-year course. This suc- fellows—convene for a burden of accounting for our GES A Take a sneak peak at the cessful initiative is just one thoughtful discussion of how bailout tax dollars. Luckily, IM green roof and terraces; way our students and faculty to define global governance, as a former prosecutor who tty : GE meet the benefactors and engage in ideas about our how rule of law factors in, has eluded assassination at- Y SK crew; and get the backstory government as it is redefined and how to measure success. tempts by murderous drug of R A on our center for centers, by healthcare, financial, and The elephant in the room: cartels, he’s not intimidated EIL B N programs and institutes.