THE MAGA ZINE OF NOR T HWEST ERN UNIVE RSI T Y SCHOO L …law.alumni.northwestern.edu/s/1479/images/gid4/editor... · Photo on page 20 from associated Press (aP Photo/ Belleville

Working for Justice in Cambodia

Library’s Rare Book Collection

Martins Make $10 Million Gift

Chapmans Fund Chaired Professorship

T H E M A G A Z I N E O F N O R T H W E S T E R N U N I V E R S I T Y S C H O O L O F L A W

VOLUME IINUMBER 1FALL 2013

NorthwesterN L aw reporterFall 2013, volume ii, number 1

De an anD haRoLD WashinGTon PRoFessoR

Daniel B. Rodriguez

assoCiaTe Dean oF enRoLLMenT, CaReeR sTRaTeGy, anD MaRke T inG

Donald L. Rebstock

assoCiaTe Dean FoR DeveLoPMenT anD aLUMni ReL aT ions

Jaci Thiede

assisTanT De an oF MaRke T inG anD CoMMUniCaT ions

kirston Fortune

DiReCToR oF aLUMni ReL aT ions

Julie Chin

DiReCToR oF MaRke T inG anD CoMMUniCaT ions

kathleen Gleeson

senioR DesiGneR

Mary kate Radelet

ConTRiBUT inG WRi TeRs

Jerry de Jaager, kirston Fortune, kathleen Gleeson, Tracy Marks,

Jennifer West

ConTRiBUT inG PhoToGRaPheRs

Randy Belice, andrew Campbell, Teresa Crawford, Lloyd DeGrane,

evanston Photographic studios, Jennifer Linzer, Marc Piscotty Photography,

Mary kate Radelet, sally Ryan, Jasmin shah, Juliet sorensen, Tim Weng

Cover photo and photos on pages 24-29 courtesy of the extraordinary Chambers in the Courts of Cambodia. Photo on page 20 from associated Press (aP Photo/

Belleville news-Democrat, Derik holtmann, File). Photo on page 26 from associated Press (aP Photo/scott eisen).

The editors thank the faculty, staff, students, and alumni of northwestern University school of

Law for their cooperation in this publication.

opinions expressed in the Northwestern Law Reporter do not necessarily reflect the views of northwestern University school of Law or

northwestern University.

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DEPARTMENTS

2 From the Dean

3 Noteworthy

18 Clinic News

30 Faculty Focus

30 Faculty News 34 New Faculty 36 Faculty Publications

46 Alumni Notes

46 Alumni News 50 Alumni Pro�les 56 Class Notes 59 In Memoriam

60 Closing Remarks

FEATURES

4 Martins Make $10 Million Gift

J. Landis “Lanny” Martin (JD ’73) and his wife, Sharon, make a $10 million unrestricted gi� to help the Law School implement innovative strategies.

6 Paying It Forward

Howard (JD ’58) and Betsy Chapman establish a professorship focused in business law, trial advocacy, or trust and estate law.

8 Searle’s New Direction

Under the leadership of new director, the Searle Center on Law, Regulation, and Economic Growth launches a series of new research initiatives.

10 A Hidden Treasure

Professor Emily Kadens examines a few of the gems in the Pritzker Legal Research Center’s rare book collection.

26 Justice for Cambodia

Professor David Sche�er and his students work year-round to bring justice to the people of Cambodia.

22

4 10 266

T H E M A G A Z I N E O F N O R T H W E S T E R N U N I V E R S I T Y S C H O O L O F L A W

VOLUME IINUMBER 1FALL 2013

I am pleased to present to you the latest issue of the Northwestern

Law Reporter. This third issue highlights the extraordinary work of

our students, faculty, and alumni. Covering a wide subject terrain,

you can see the breadth of the work of our law school community.

Northwestern Law School is engaged in a remarkably diverse body of

activities and we are delighted to share some of this work with you.

I hope you will take special note of the impressive work of our faculty,

some description of which is contained in this issue of the Reporter.

Through its distinguished scholarship, exemplary teaching, and public

service, our faculty is carrying the �ag for Northwestern Law and, more

to the point, is setting just the right example for our remarkable students.

These law teachers are contributing in meaningful ways to the legal

profession and we are proud of their superb service.

To say that the legal profession is facing dif�cult challenges is rapidly

becoming a trite phrase. A more nuanced, and certainly more helpful,

way to put the point is to say that the legal profession and legal educa-

tion share in common the essential responsibility to re�ect candidly

upon what changes should be made to improve the way we respectively

do business. Stakeholders expect change; and change requires careful

thought and deliberate strategies. Such strategies require that we in

law schools put our heads together to consider how best to advance the

objective of a high-quality, ef�cient legal education. We should attend to

both curriculum and cost.

At Northwestern Law School, we are doing our part in this endeavor.

We are looking anew at our academic program and, with the develop-

ment of our strategic plan (the details of which will be featured in the

next issue of this magazine), at ways to educate our students to be

ethical, professional sophisticated lawyers—and, indeed, leaders—in

this dynamic, evolving profession. We are also looking closely at our

economic model and our enrollment structure to ensure that we are

providing exemplary instruction to students at the most ef�cient level

and with due attention to student debt load and its impact on gradu-

ates’ well-being. We do not expect to �nd a panacea; and the kind of

radical critique of current legal education that often frames the debate

about whether legal education is “worth it,” more often obscures

than illuminates. But we should come to agreement on this central

point: The nation’s great law schools—and Northwestern Law is one

of those great law schools—must adapt in order to improve and must

strive to excellence by cogent planning and honest self-re�ection.

I welcome our many stakeholders into this vital discussion. I welcome

your advice and your input. You can reach out to me at daniel.rodriguez@

law.northwestern.edu. I also encourage you to read my blog, Word on the

Streeterville, which can be found at deansblog.law.northwestern.edu.

Daniel B. Rodriguez

Dean and Harold Washington Professor

2 | NORTHWESTERN LAW REPORTER

FROM THE DEAN

“Skills acquired in the Master of Science in Law program will allow professionals to communicate and interact across disciplines and professions, to recognize obstacles and risks, and to visualize

opportunities for innovation and entrepreneurship.”— EMERSON T ILLER

Law School Launching Master of Science in Law Degree Program�e legal marketplace is in a period of transition, and legal education is evolving as well. As an innovator in the delivery of legal education, Northwestern Law is deeply and seriously engaged in developing cur-

ricular enhancements to our traditional JD and LLM programs, as well as creating new initiatives to meet emerging needs.

Professionals with scienti�c, engineer-ing, and medical backgrounds work in an increasingly complex legal and regulatory landscape. Success in this environment requires more than just technological knowledge—leaders must understand how the pieces �t together across the enterprise to facilitate work �ows and avoid potential legal and regulatory problems.

Entrepreneurs with training in the sci-ence, technology, engineering, and math (STEM) disciplines bene�t from gaining an understanding of elements of busi-ness law as well. For example, they o�en must develop and protect their intellectual property in order to successfully bring their products to market.

To meet this need Northwestern Law School will establish the Master of Science in Law (MSL) degree to provide practical legal training for STEM-trained profession-als and entrepreneurs. �e �rst cohort of MSL students will begin in Fall 2014, and

students will be able to complete the degree in nine months of full-time study or 18–36 months of part-time study.

“�ese individuals are not interested in practicing law,” said Leslie Oster,

clinical associate professor of law. “�e legal and busi-ness training they receive will help them be better at what they are doing with their technical training. �e MSL will impart tools and skills that will allow students to navigate the unique legal, business, and regulatory contexts in which they operate.”

Program curriculum will consist of courses designed speci�cally for

MSL students—a core of basic classes that includes contract law and design; liability, risk, and insurance; business associations

and tax; negotiations; alternative dispute resolution; writing, communication, �nan-cial and presentation skills; and regulation and legislation.

Building upon the core will be special-ized elective classes and experiential activi-ties in three interrelated concentrations that will allow students to tailor a course of study that meets their speci�c needs:

• patentsandintellectualpropertydesign,wherestudentswilllearnabout

patentinginventions,assessingpatenteligibility,intellectualpropertyportfoliomanagement,andthechoicebetweentradesecretsandpatents;

• lawandentrepreneurship,whichwillfocusontheissuesandopportunitiesinvolvedinbringinganideafromconceptiontomarket,includinglawandtheentrepreneur,projectfinance,employmentlaw,issuesinbusinessfor-mation,businessstrategy,andbusinessanalytics;and

• regulatorystrategyandstandard-setting,whichexaminesregulatorystrategy,stat-utoryinterpretation,federalregulatoryagencies,standardsetting,regulatoryanalytics, and data security and privacy.

“Science, engineering, and medicine are key drivers of the United States and world economies,” said Emerson Tiller, J. Landis Martin Professor of Law and Business

and associate dean of academic initiatives. “Skills acquired in the MSL program will allow professionals to communicate and interact across disciplines and professions, to recognize obstacles and risks, and to visualize opportunities for innovation and entrepreneurship.” n

For additional information about the Master of Science in Law program, visit the website at www.law.northwestern/msl.

Emerson Tiller

FALL 2013 | 3

NOTEWORTHY

A commitment to Northwestern Law’s innovative strategies prompted J. Landis “Lanny” Martin (JD ’73) and his wife, Sharon, to make a $10 million unrestricted gi� to the school.

Lanny Martin hopes the gi� will “help Northwestern Law continue to provide the legal education that is integral in developing highly capable critical thinkers.”

“I’ve been very close with the last four deans, and over the years Northwestern Law has increased its stature in academic excellence,” said Martin. “�is gi� serves as a wonder-ful opportunity to give back to an institution that has been a great motivation to me in my career.”

A member of Northwestern University’s Board of Trustees and the Law Board, Martin says his experiences in law and business are integral to his role in advising and supporting Law School and University leaders.

Martin’s eclectic professional portfolio embodies the entrepreneurial careers for which Northwestern Law prepares students. A�er success as a law �rm associate and then partner and member of the executive and �rm committees at Kirkland & Ellis, Martin transitioned into business, where he has led many companies that span multiple industries.

“I loved the practice of law and I enjoyed the corporate work in helping clients with mergers and acquisitions and crisis management,” he said. “�at’s what initially piqued my interest in business and got me thinking about getting involved with corporations.”

In 2005 Martin founded Denver-based Platte River Equity, a private equity investment �rm focused on small- and middle-market operating companies; he currently serves as managing director. He is lead director of Halliburton Company and a founding director

Lanny and Sharon Martin Give $10 Million Unrestricted Gift


NOTEWORTHY

“Gifts like this one go a long way toward enriching opportunities for our students, improving the already-high academic reputation of the Law School, and undertak-

ing innovations that will prepare our students to become leaders in the profession.”— DEAN DANIEL B. RODRIGUEZ

and chairman of the board of Crown Castle International Corporation, a leading independent owner and operator of wireless communication sites. He is also a member of the board and lead director of Denver-based Intrepid Potash and of Apartment Investment Management Company, one of the nation’s largest owners, operators, and managers of apartments.

Sharon Martin earned her bachelor’s degree from Denison University, where she served for a decade as a trustee. She has been a leader in the Denver arts and education commu-nity for more than 30 years.

Unrestricted gi�s such as the Martins’ provide the Law School with the �exibility to fund impor-tant initiatives and programs, including �nancial aid, classroom and facilities upgrades, faculty hires,

and student programming and activities.“Gi�s like this one go a long way toward enrich-

ing opportunities for our students, improving the already-high academic reputation of the Law

School, and undertaking innovations that will prepare our students to become leaders in the pro-fession,” said Dean Daniel B. Rodriguez. “We are thrilled about this unrestricted support of our Law School and are committed to using these funds responsibly and ambitiously to bring Northwestern Law to the highest level of excellence.” n

J. Landis “Lanny” (JD ’73) and Sharon Martin at their home in Denver.

FALL 2013 | 5

Howard (JD ’58) and Betsy Chapman at the Allen County Courthouse in Fort Wayne, Indiana.


NOTEWORTHY

“Great traditions, memories, and friendships were built when I was at the Law School. I was fortunate to soak up so much knowledge and experience

from seasoned professors who helped make me the lawyer I am today.”— HOWARD CHAPMAN (JD ’58)

Howard and Betsy Chapman: Paying It ForwardFor Howard Chapman (JD ’58), giving back is as much a privilege and an honor as it is an obligation. Chapman, who attended Northwestern on an academic scholar-ship, will always be grateful for the opportunity to study law without worrying about �nances.

“When I really needed help, the scholarship was crucial for both starting and completing my studies,” he said.

Now, more than �ve and a half decades later, Chapman and his wife, Elizabeth (Betsy), have made a $3 million gi� to the Law School to establish a chaired professorship in their names. �e endowment will promote scholarly work in business law, trial advocacy, trust or estate law, or a combination of these areas.

“When we get into our later years it behooves us all to give back if we are able to do so,” said Chapman, who added that because Northwestern Law gave him “a really good grounding and foundation” for his law career, it is �tting to return the gesture by repaying the school.

Academic scholarships allowed Chapman to earn both his bachelor’s and law degrees at Northwestern, where he and Betsy met as undergraduates. �ey were married shortly a�er he gradu-ated in 1955, and that fall he entered Northwestern Law. Highlights of his three years as a JD student included a stint as associate editor of the Northwestern University Law Review and election to the Order of the Coif.

“Great traditions, memories, and friendships were built when I was at the Law School,” said Chapman. “I was fortunate to soak up so much knowledge and expe-rience from seasoned professors who helped make me the lawyer I am today.”

Chapman’s long career in law began—and has thrived ever since—in Betsy’s hometown of Fort Wayne, Indiana, where the couple moved a�er Howard received his degree in 1958. �ere he joined Shoa�, Keegan & Baird and was made a partner in 1963. Seven years later

he helped establish the �rm of Bonahoom, Chapman & McNellis, which merged in 1986 with Barrett, Barrett and McNagny to form Barrett & McNagny. Chapman was a partner at that �rm until he became of counsel in 2003. Along the way, he served as president of the Allen County (Indiana) Bar Association and was on the boards of the Water�eld Mortgage Company and the Union Federal Bank of Indianapolis.

Betsy, a musician, has coauthored three musical plays for children, which have been performed nationally, and she has served on the boards of numerous com-munity and charitable organizations, including Arts United of Allen County and Fort Wayne’s Museum of Art, Civic �eatre, and Philharmonic.

Together the Chapmans have made it a practice to give back and volunteer—activities they character-

ize as their “pleasure and civic duty.” Close to home, they established the Chapman Scholars Program and the Chapman Distinguished Professorship in the Department of English and Linguistics at Indiana University-Purdue University Fort Wayne. And before Northwestern Law received the couple’s recent $3 mil-lion gi�, they had already established the Howard and Betsy Chapman Law Scholarship Fund.

“It is my hope that the scholarship fund gives the best and the brightest the opportunity to get an education at a top-tier law school,” said Chapman, speaking not just as a proud alumnus with a distinguished career under his belt. As a onetime scholarship recipient himself, he believes in the power of paying it forward. n

FALL 2013 | 7

Searle’s New DirectionEMERGING IN I T IAT IVES SHAPE FU TURE CENTER RESE ARCHOne of the many unique things about Northwestern is the Searle Center on Law, Regulation, and Economic Growth. Established in 2006, the Searle Center

conducts research into how government regulation, and the interpretation of laws and regulations by the courts, a�ect business and economic growth. It has a dual mission—to study these issues and to communicate the results of the research to academic and policy thought leaders. �e year 2013 will prove pivotal in the history of the Center: a new director was appointed, and several new research initiatives were launched, including a $2 million dollar project—funded by wireless technologies innovator Qualcomm—to investigate the role of patents in incen-tivizing technological innovation.

NEW DIREC TOR: MAT THEW L . SP I T ZEROn September 1, 2013, Matthew L. Spitzer, the Howard and Elizabeth Chapman Professor at Northwestern Law, assumed the directorship of the Searle Center.

He is a nationally recognized law and business scholar, and a recipient of the Ronald H. Coase Prize for excellence in law and economics.

“Matt’s extensive understanding of law and business, as well as his commitment to the study of economic growth and e�-ciency, will substantially expand the Searle Center’s public reach,” said Dean Daniel B. Rodriguez. “�e Center is well posi-tioned thanks to his predecessor, Professor Max Schanzenbach, whose intellectual leadership moved the Center’s research agenda forward and was crucial in helping strengthen relationships with donors and

the larger academic community. I am very interested to see what Searle Center schol-ars produce in the future.”

�e Searle Center takes only one position with respect to public policy: economic growth and economic e�ciency are good. As to how best to achieve growth and e�ciency, the Center takes no posi-tion. Instead, it supports research that is conducted in accordance with the highest standards—advanced analytic methods and empirical studies. Individual scholars associated with, and hosted by, the Searle Center are responsible for the research and position-taking that moves scholarship and public policy forward.

Research in recent years has focused on intellectual property, including patent, copyright, and trademark; antitrust and trade regulation; internet, including search, neutrality, privacy, and commerce; entre-preneurship and innovation; health care; and environmental regulation and climate change. Conducting and participating in Searle Center programs are faculty from the Northwestern University School of Law, the Kellogg School of Management, and Northwestern’s Department of Economics, as well as a broad array of prominent schol-ars from other leading universities.

QUALCOMM GIVES $2 MIL L ION FOR PATENT RESE ARCHUnder Spitzer’s leadership, new initiatives are under way as well. Wireless technologies company Qualcomm Incorporated gave the Searle Center $2 million to establish the Project on Innovation Economics, research that will investigate the role of patents in incentivizing technological innovation.

“Technology is evolving in an increas-ingly complex legal environment,” said Spitzer. “Critics claim that patents may, in some cases, limit technological advance-ment. �ere is a lot of discussion about ‘patent thickets,’ ‘hold-up,’ and ‘royalty

Matthew L. Spitzer, Director, Searle Center on Law, Regulation, and Economic Growth; Howard and Elizabeth Chapman Professor


NOTEWORTHY

stacking,’ and how these constructs could hinder innovation, but there is surprisingly little actual data out there. Our project will create the needed data sets and allow the critics’ claims to be tested.”

�e grant will make it possible for the Searle Center to create a series of related databases to collate information regarding technology standards, standards organiza-tions, and markets for patents. Professor Dan Spulber, research director at the Searle Center and the Elinor Hobbs Distinguished Professor of International Business and Professor of Management Strategy at the Kellogg School of Management, played a crucial role in demonstrating the need for this project to Qualcomm. Spulber will serve as the academic director for this project.

“Scholars will be able to use these data-bases to understand how inventive activity occurs, how it is commercialized, and what might be done to facilitate future innova-tion,” Spulber said in describing the project.

�e grant also funds a series of confer-ences and roundtables to examine and improve research in the �eld. Additionally, Spulber will edit an annual special issue of the Journal of Economics & Management Strategy to disseminate the results of new

research in this area. As a whole, these ele-ments will generate new insights and pave the way for an understanding of the impor-tant roles that patents and other types of intellectual property play in innovation.

Additional key research areas include:

• TheEnvironmentalLawandPolicypro-gram focuses on research and education regarding a broad range of issues involv-ing existing and emerging technologies and industries that are potential sources of risks and bene�ts to the environment. Conferences in this research area are organized by David A. Dana, Kirkland & Ellis Chair, Northwestern University School of Law.

• TheCompetition,Antitrust,andRegulationprogram focuses on research related to the law and economics of com-petition policy including both antitrust and regulation. �e primary research event for this initiative is the Annual Conference on Antitrust Economics, now in its sixth year. Conferences in this research area are organized by William P. Rogerson, professor of economics, Northwestern University.

• TheWorkforceScienceProject exam-ines the ever-increasing proportion of corporate value that consists of human capital by studying new developments in social science and new information technology research made possible by the improved capacity to process extremely large data sets—sometimes called “Big Data.” Conferences in this research area are organized by Deborah M. Weiss, senior research a�liate and director of the Workforce Science Project at the Searle Center.

Detailed information about Searle Center programs, including events and research results, can be found at www.law .northwestern.edu/searlecenter. n

MAT THEW L . SP I T ZERA nationally recognized expert in

law and economics, broadcast

regulations, and mass media law,

Matthew L. Spitzer is the direc-

tor of the Searle Center on Law,

Regulation, and Economic Growth,

and Howard and Elizabeth Chapman

Professor at Northwestern

University School of Law.

Spitzer comes to the Searle

Center from the University of Texas

at Austin, where he served on

both the faculties of the School of

Law and the McCombs School of

Business. While at the University

of Texas, he was the director of the

Massey Prize in Law, Innovation,

and Capital Markets and the direc-

tor of the Center for Law, Business,

and Economics.

Prior to that he was professor

of social science at Caltech and

professor of law at the University

of Southern California. From 2000

to 2006, he served as Dean of

the Gould School of Law at the

University of Southern California.

He began his academic career at

Northwestern University School of

Law, where he was an assistant

professor from 1979 to 1981.

Spitzer earned a BA from

the University of California, Los

Angeles, a JD from the University

of Southern California, and a PhD

from the California Institute of

Technology. Before beginning his

teaching career he was a litigator

with Nossaman, Krueger & Marsh

in Los Angeles.

He teaches in the areas of admin-

istrative law, telecommunications

regulation, and economic analysis of

law, and has published a number of

books and articles in these �elds. n

Dan Spulber, Research Director at the Searle Center and the Elinor Hobbs Distinguished Professor of International Business and Professor of Management Strategy at the Kellogg School of Management, will serve as academic director of the Project on Innovation Economics.

FALL 2013 | 9

In addition to its comprehensive research collection of historic and contemporary US legal materials, Northwestern Law’s Pritzker Legal Research Center houses a significant rare book collection of more than 2,500 volumes that merits a closer look. By Emily Kadens

A Hidden TreasureThe Law School’s Rare Book Collection

Northwestern Law’s formative dean, John Henry Wigmore, believed passionately in the importance of exposing the American legal community to foreign law. He played a key role in promoting the scholarly study of compara-tive law in the United States, and from the very beginning of his deanship he set out to build an extensive foreign law collection in the library. Using for this purpose a significant part of the hundreds of thousands of dollars donated over several decades by the alumnus, library benefactor extraordinaire, and founder of US Steel, Elbert Gary (class of 1868), Wigmore personally oversaw the creation of a foreign law library that, he liked to brag, was one of the country’s preeminent collections.

His focus on foreign law led Wigmore to an interest in legal history. He knew that one could not fully understand a legal system without knowing the tradition that formed it. Consequently, he devoted a tidy portion of the Gary donations to acquiring rare books. The

result of Gary’s money and Wigmore’s energy is an unusually comprehensive collection of rare medieval and early modern Roman, canon, and customary law books.

The collection began with incidental gifts and purchases. Some of the original volumes came from the Chicago Law Institute, a library created in 1857 by a group of Chicago lawyers. In 1906 the widow of Julius Rosenthal, librar-ian of the Law Institute Library and prominent book collector, donated a number of other texts.

Eager to expand the collection, Wigmore corresponded with book dealers all over Europe and spent his Sunday mornings poring over the auction catalogs they sent him. After 1903 he would order books he found in the catalogs by sending requests to his foreign agent, Martinus Nijhoff, a prominent Dutch dealer. So avid a collector was Wigmore that Nijhoff complained the dean knew about book sales in Europe before he did. The occasional stamps and provenance notes in individual

idden in plain sight behind the glass-fronted cabinets and locked doors of the Pritzker Legal Research Center’s Barnet Hodes Rare Book Room sits a treasure trove proudly guarded by the librarians but largely unknown to scholars or the Northwestern community. When I came to Northwestern in fall 2012 to teach as a visitor, I had heard vague claims

about the quality and compass of the collection, but I had no notion that what I would find would prove to be one of the half dozen or so most extensive collec-tions of rare continental European and English law books in the United States.


volumes document that Wigmore also augmented the collection with occa-sional purchases from the antiquarian bookshops he frequented during his summer trips to Europe.

In 1907 German bookseller Gustav Fock wrote Wigmore about the sale of an unusually complete library of Roman law material compiled by leading 19th-century legal scholar Moritz Voigt. Wigmore excitedly wrote to Gary laying out the opportu-nity and pleading his case for a special donation. Gary agreed to fund the purchase, and Wigmore telegraphed Fock to accept. The Fock collection gave Northwestern one of the most complete Roman law libraries in the

country. Most of the volumes were scholarly works, but the collection also included a number of rare books, which can be identified today by Voigt’s name written in small letters in the upper-right hand corner of the flyleaf.

The first coherent, large-scale addition to this piecemeal collection came in 1921, when Nijhoff alerted Wigmore to the availability of the library of Maurice Trampont, a French jurist interested in the history of customary law. Wigmore sent a fulgent letter to Gary, explaining that he felt “bound, in the interest of the prestige of the Library, to bring [the sale] to your attention,—although it

Left: This detail comes from the �rst page of a volume of commentaries on the canon law writ-ten by Nicolo de’ Tudeschi (1386–1445), who was known more commonly as Panormitanus. He was the leading canon lawyer of his day, and his commentary was an important reference work. This particular book was published by the Lyon printer François Fradin in 1504. It is part of a multivolume set, and the owner had the �rst page of each volume decorated with his per-sonal crest. Above: Sixteenth- and seventeeth-century volumes of commentary on the canon law, the law of the Catholic Church. These books came from the collection of a Viennese Carmelite monastery and were acquired by Northwestern in 1937 as part of the purchase of the monastery’s law library. The top two books show the blind stamped white leather covers common to books in that collection. Many of the volumes with this sort of cover seem to

have come from the personal library of the noble von Kirchberg family, which held land in the region near Vienna. These books are particularly interesting because their leather-and-metal clasps are still intact. The clasps were used to keep the cover from curling up as the binding dried out. The bottom volume also shows the medieval and early modern practice of writing the book title on the page block. This was done because books were routinely shelved spine �rst in that era. Below: The library holds an extensive collection of compilations of local and regional customary law, including this 1542 Flemish translation of the Somme rurale by the French royal judge Jehan Boutillier (ca. 1340 –1395). His work collected the customs of north-ern France, and it proved popular throughout the regions now encompassing not only northern France, but also Belgium and the southern Netherlands.

FALL 2013 | 13

is several years since I have laid any such proposal before you, know-ing full well your instructions that you did not care to add any more to the basic collections.” But the Trampont library was too important to pass up, explained Wigmore. Its extensive coverage of the customary law of the French provinces for the years 1500–1700 “is indispensable to scholars in the history of French law, and therefore of Anglo-Norman and Anglo-American law.” Six days later, Gary’s personal secretary wrote that Gary had authorized the purchase. Combined with Wigmore’s focused purchases through Nijhoff, these rare volumes—several of them handwritten copies from the 17th and 18th centuries—gave the library a thorough collection of French, Italian, and Belgian books of early modern customary law.

Perhaps the oddest addition came in 1925, when an Englishman wrote to Gary offering to sell his collection of 460 English legal documents dating from 1290 to 1783. Gary forwarded the letter to Wigmore, who made plans to visit England to see the col-lection and importuned Gary to pay for it. The documents now reside in

twelve enormous volumes kept in their own special cabinet in the rare book room.

About the next two major acquisi-tions much remains unknown. In 1927 Northwestern came into posses-sion of several dozen volumes of deci-sions from 16th- and 17th-century Italian courts and jurists. The books came from the Harvard Law Library, which had purchased them in 1905 as part of the library of a Milanese lawyer, Muzio Melloni. Neither the Harvard nor the Northwestern librar-ies have any records explaining how or why the books were transferred.

The final significant purchase was by far the largest and most impor-tant, but about it we have even less information. The library’s account book for 1937 notes a purchase of

“Law Library of a medieval monastery in Austria” from Hans P. Kraus for $12,800. Kraus was one of the most prominent antiquarian book dealers of his time. Unfortunately, he had to flee Vienna in 1938 ahead of the Nazis, who confiscated all his business records. Coupled with the silence of the Northwestern archives on the transaction, we do not know how it came about or whether

Above Right: In the mid-sixth century, the Roman Emperor Justinian commissioned a committee to reform and compile one thousand years of Roman law. The result was three books: the Digest, a compilation of excerpts of the writings of the Roman jurists from the �rst century BC to the third century AD; the Codex, a collection of imperial statutes; and the Institutes, a �rst-year law book. After disappearing in the West for �ve hundred years, the Roman law was rediscovered in the late eleventh century. It immediately began to be studied, then taught in nascent law schools. By around 1230, the law had acquired a standard gloss—a commentary and explanation written in the margins surrounding the law. This volume of the Codex, published by the famous Nuremberg printer Anton Koberger in 1488, has the text of the law in the center, surrounded by the gloss. The hand-colored illustration shows Justinian receiving the law from his committee. Below: Another volume of the commentaries on the canon law by Panormitanus. Published in Venice in 1477, it is one of the library’s handful of incunabula—books published between the invention of printing around 1450 and the year 1501. The term “incunabulum” is Latin for “cradle,” as in the cradle of printing, and was coined for these books in 1639. Incunabula are considered especially valuable and often, as here, include hand-drawn paragraph marks and initial letters. The pointing hand in the margin was medieval highlighting—it pointed to text the reader considered noteworthy.


Wigmore, who was no longer dean, played any role.

But what we lack in knowledge about how Northwestern acquired the books is made up in the stories the books tell about themselves. According to the inscription found on the title page of each book in the collection, they came from the library of the “Conventus Viennensis Carmelitarum Discalceatorum” (the Monastery of the Discalced [barefoot] Carmelites of Vienna). The monastery was founded in 1622, and it appears to

have established its library contem-poraneously. The books were usually not new when they came to the Carmelites. Most bear prior owner-ship marks, such as inscriptions and occasionally discursive notes by the first owner. Judging from inscriptions on the flyleaves and initials stamped into their white leather bindings, a large number of the books appear to have come from the libraries of the noble von Kirchberg family.

The Carmelite purchase added nearly a thousand volumes to the rare

Below: The canon law, too, received a gloss. The book pictured below was published in Lyon in 1517 but was originally written in the mid-twelfth century as a law school textbook by a teacher in Bologna, Italy, named Gratian. We know almost nothing about Gratian, but his textbook proved so popular that it became the de facto �rst book of the canon law. The work is formally titled the Concordance of Discordant Canons, because in it Gratian used distinctions to reconcile seemingly contradictory rules, known as canons. It is, however, more commonly called the Decretum.

“What we lack in knowledge about how Northwestern acquired the books is made up in the stories the books tell about themselves....Most bear prior ownership marks, such as inscrip-

tions and occasionally discursive notes by the first owner about his purchase.”

book collection. They range from the most common works of Roman and canon law, to spectacular early editions with hand-drawn letter-ing and painted illuminations, to oddities such as an extremely rare seventeenth-century German guide to political economy for princes illustrated with lavish, often haunt-ing woodcuts. About a half dozen of the volumes are incunabula, books published in the early days of printing between 1450 and 1501. Books from this half century have special signifi-cance in the history of printing and are particularly rare and valuable.

During the 1930s, Samuel Thorne, who served as the law librarian from 1933 to 1945, focused on building up the historic English collection. Wigmore had shown what Gary considered to be inadequate attention to this part of the collection. Thorne, who would go on to become one of the leading historians of medi-eval English law, was well placed to remedy that deficiency. The Library’s

Above: The library’s collection also includes works on English law, including this small fourteenth-century manuscript dictionary of legal and ecclesiastical terms called the Summa monaldi. “Manuscript” comes from the Latin “manu” and “scriptum,” meaning written by hand. In this stunning volume, each of the red and blue decorations and initials were painstakingly inked, often in elaborate detail. The text was written on parchment, which is made from animal skin, usually of sheep or goats. Below: One of the more unusual books from the Carmelite library was Georg Engelhard von Löhneysen’s Aulico Politica, printed

by the author in 1622. Löhneysen (1552–1625) was a German nobleman who served as inspector general of the mines in northern Germany. The Aulico Politica was primar-ily a guide for princes on good governance, but the author considered it so sensitive that he refused to allow the printed copies to be distributed until after his death. The work is full of complex and haunting engravings, including a large fold-out image showing the order of lay and eccle-siastical worthies in a funeral procession held in October 1613. The library owns the extremely rare �rst edition.


accounts from this period show him making strategic purchases from English and foreign dealers, augment-ing the collection slowly but wisely each year.

Aside from the occasional gift, such as the volumes of medieval juris-tic commentaries donated by 1903 alumnus Joseph L. Shaw in 1939, the rare book collection is today in much the same state it was in by 1950. The library’s funding largely dried up after Gary’s death in 1927 and the subse-quent depletion of his endowment, and as time passed other interests took precedence. Some attempts were made in the 1950s to do much-needed conservation work on the books, but in the main, the collection has been left to molder for the last half century.

We might ask what all these old books are good for. Would the Law School be better off selling them and

allocating the space to more pressing current needs? Wigmore confronted the same question. He knew that he needed to justify his expenditures, and his reasons echo those that one might offer today. Most importantly, he taught that the law is inseparable from its past. To understand it fully we sometimes need to blow the dust off its history, and a repository such as Northwestern’s ensures that the books continue to exist to enable us to do that. But the books also serve as artifacts offering a visual con-nection to our professional heritage. For the students in my legal history courses, the opportunity to turn the pages of four- and five-hundred year-old copies of the very works we are discussing in class offers a level of comprehension and sense of the reality of the past that no pictures or lectures can provide. n

“W igmore taught that the law is inseparable from its past. To understand it fully we sometimes

need to blow the dust off its history, and a repository such as Northwestern’s ensures that the books con-tinue to exist to enable us to do that.”

Right: This compendium, or index, written by Johannes Bertachinus, of topics covered in the Roman and canon law texts is another of the library’s incunabula. The Repertorium iuris utriusque was published in Venice in 1489, during the author’s lifetime. Still unable to do two-color printing, the printer had a rubricator hand-letter each initial and underline keywords in red.

Clinic Launches Advisory BoardA group of alumni, clinical faculty, and administrators assembled at the Law School this spring for the inaugural meeting of the Bluhm Legal Clinic Advisory Board.

Led by cochairs Terri Mascherin (JD ’84) and Herold “Mac” Deason (JD ’67), the board comprises more than a dozen prominent

alumni who share the Clinic’s commitment to training skilled, ethical, and reform-minded professionals.

“Our board members o�er a number of important perspectives as practicing attorneys and as Northwestern Law alumni using their degrees in law �rms, business, government, and public service,” said Deason, who serves as counsel at Bodman in Detroit. “It is our hope that Clinic faculty and administrators can capitalize on the wealth of practice experience on the board to test ideas intended to help the Clinic better prepare students to practice law.”

�e advisory board will help set strategic direction for the Clinic’s centers and programs; advocate for the Clinic and the Law School with legal professionals, business and community leaders, and the public; and partner with faculty and sta� to raise funds from alumni, friends of the school, corporations, and foundations.

“�e Bluhm Legal Clinic is a jewel in the crown of Northwestern Law,” said Mascherin, a partner at Jenner & Block. “Our community of alumni has a lot to give not only �nancially but, even more sig-ni�cantly, in guidance. Alumni can help the Clinic continue to enhance its vibrant teach-ing programs and continue to lead on issues of great public concern, especially those that pertain to access to justice.”

Faculty from several of the Clinic’s 14 centers made presen-tations about their current proj-ects at the May kicko� meeting.

“One of the main goals of that �rst meeting was to bring us

all up to date on what the Clinic is doing: the work of its centers, its many programs, and the crucial issues the program directors are facing,” said Mascherin. “With this information the board can begin thinking about ways to navigate these challenges and �nd opportu-nities to help the Clinic continue to do groundbreaking work.”

Dean Daniel B. Rodriguez established the advisory board with the help of Bluhm Legal Clinic director and associate dean for clinical education �omas F. Geraghty (JD ’69).

�e group will meet again in November. n

Bluhm Legal Clinic Advisory Board

Herold “Mac” Deason (JD ’67)

COCHA IR

Terri Mascherin (JD ’84)

COCHA IR

Myles “Mush” Berman (JD ’83)

Michael Bien (JD ’80)

Meredith Bluhm-Wolf (JD ’85)

Hon. Ruben Castillo (JD ’79)

Graham Grady (JD ’83)

Peter Humphreys (JD ’81)

Amy Kaplan (JD ’97)

Ivy Lewis (JD ’85)

Christopher Lind (JD ’94)

Hon. Algenon Marbley (JD ’79)

Richard Trobman (JD ’91)

Angela Vigil (JD ’95)

Left: Bluhm Legal Clinic advisory board cochairs Herold “Mac” Deason (JD ’67) and Terri Mascherin (JD ’84) at the May kickoff meeting. Right: Steven A. Drizin (JD ’86), assistant dean of the Bluhm Legal Clinic, informs board members about current projects of the Center on Wrongful Convictions and the Center on Wrongful Convictions of Youth.


CLINIC NEWS

Children and Family Justice Center Helps Pass “Raise the Age” BillHB 2404, the “Raise the Age” bill that Illinois Governor Pat Quinn (JD ’80) signed in July, is based on research conducted and reported by faculty and students in the Bluhm Legal Clinic’s Children and Family Justice Center.

HB 2404 raises the age of juvenile court juris-diction to 17. Illinois had been the only state with a bifurcated system; 17-year-olds charged with a misdemeanor were tried in juvenile court, but 17-year-olds charged with a felony, regardless of its seriousness, were tried in criminal court.

“�e resulting expansion of juvenile court jurisdic-tion will ensure that up to 4,000 17-year-olds typically arrested for felony o�enses in our state each year will no longer be processed, prosecuted, and imprisoned as adult criminals,” said CFJC director Julie Biehl (JD ’86). “�e change grants this group of young people access to juvenile court proceedings and services, helping them to avoid permanent adult felony records.”

Passed with wide bipartisan support, the new law was built upon the recommendations of the Illinois Juvenile Justice Commission, a federally mandated state advisory group to the governor, the General Assembly, and the Illinois Department of Human Services. Biehl serves as a governor-appointed com-missioner. �e commission’s exhaustive report on the issue was written at the CFJC by clinical fellow Stephanie Kollmann (JD ’10) and several Bluhm Legal Clinic students, including Stephen Bychowski (JD ’11), Jane Ehinger (JD ’13), Julie Lee (JD ’13), Dan McElroy (JD ’11), and Brendan Mooney (JD ’14), assisted by Camille Provencal-Dayle, an intern from Northwestern’s Weinberg College of Arts and Science.

“�is is a landmark achievement for juvenile rights,” said Biehl. “�rough their dedicated research, Stephanie Kollmann and our students have made an important contribution to reforming the juvenile justice system.”

Illinois joins 38 other states in setting the default age of majority for criminal matters at 18. Juvenile transfer rules, which require or permit trying youth in adult court for very serious felonies, are not a�ected by the law. n

Entrepreneurship Law Center Launches New Massive Online Course�e Bluhm Legal Clinic’s Entrepreneurship Law Center has launched a new massive open online course as part of a university-wide initiative to provide selected Northwestern courses globally through a large-scale digital platform. �e new course, Law and the Entrepreneur, is scheduled to start in October.

Northwestern MOOCs are a product of a partnership with Coursera, an edu-cation company that partners with top universities and organizations through-out the world to make online courses available to anyone for free. �e company has a platform that combines mastery-based learning principles with video lectures and interactive content.

�e massive online format of the class allows for geographically diverse students to access Chicago-based entre-preneurs and attorneys who work in Chicago’s entrepreneurship community. To date tens of thousands of students have registered for the course.

Clinical professors Esther Barron (JD ’95) and Stephen Reed will teach the course. Designed for both entrepreneurs and lawyers who hope to represent them, the course will address the legal and business issues that entrepreneurs face as they build and launch a new venture, including US law on choice of entity; selection of a company name

and trademark; protecting intellectual property of the business with patent, trade secret, trademark, and copyright law; structuring agreements among owners; �nancing a new venture; risk management; and the relationship between attorneys and entrepreneurs.

“�rough MOOCs we will increase educational reach and access to information to so many people around the world,” said Barron. “It is a great opportunity to showcase the programs, professors, and the academic range of the university as a whole.”

Barron and Reed have outlined the course based on legal doctrine as it applies to a case study of two entrepre-neurs who are starting a business. �eir recorded lectures will engage students through interactive exercises, online conversations, quizzes, and a case study showing how legal issues apply to entrepreneurship. By the end of the course, students will have a better understanding of practical ways to pro-tect a new venture and spot potential issues from a business-legal perspective.

“As we learn more about online learn-ing, I think that this program is one that will put Northwestern ahead of the curve,” said Reed. “With the direction that online education is taking, we feel really lucky to be involved with such a progressive project.” n

ELC director Esther Barron (JD ’95) and assistant director Stephen Reed record a video lecture segment for their new MOOC, Law and the Entrepreneur

FALL 2013 | 19

Charges Dismissed for Nicole HarrisIn June the Bluhm Legal Clinic’s Center on Wrongful Convictions sta� attorneys succeeded in having charges dropped for a mother wrongfully convicted of strangling her four-year-old son.

Nicole Harris, who spent nearly eight years in prison, maintained that she was innocent and her son Jaquari Dancy’s death was an accident. Harris said she gave a false confession a�er being physically and psycho-logically coerced during more than 27 hours of police interrogation.

Harris was convicted in a Cook County jury trial a�er the judge excluded the testimony of Jaquari’s older brother, Diante Dancy, who told police that Jaquari accidentally strangled himself in their bedroom with an elastic band from a �tted sheet.

Harris sent a letter to then CWC director Steven A. Drizin (JD ’86) appealing for help. Along with Alison Flaum, then a CWC sta� lawyer, and Robert R. Stau�er, a partner at Jenner & Block, Drizin accepted the case, appealing it through the state and federal systems. Ultimately the US Court of Appeals for the Seventh Circuit overturned Harris’s conviction. n

Conviction Overturned for Center for Criminal Defense ClientCenter for Criminal Defense client Olutosin Oduwole was released from a Jacksonville, Illinois, prison in March a�er an appeals

court overturned the aspiring rapper’s conviction and �ve-year sentence.

A former Southern Illinois University Edwardsville student, Oduwole was con-victed in 2011 for attempting to make a ter-rorist threat. Police had found scribbled verse in his abandoned car that, among other lyrics, threatened a “murderous rampage.” Oduwole

was widely known on campus as a rap artist, and he claimed that the words were an exploratory dra� for a rap song and were never meant to be shared or made public.

CCD director Je� Urdangen tried the case in Edwardsville with local co-counsel Justin Kuehn.

“I found this case to be remarkable for a variety of reasons,” Urdangen said. “One of those was the myopia of Madison County prosecutors, unwilling to concede the obvious—that our client’s words were artistic expression, not a threat to commit violence. I was also astonished that despite our objections, we were forced to pro-ceed to trial with quite the opposite of a jury of my client’s peers. Tosin is a young Nigerian hip-hop a�cionado, and the jurors, unfortunately, were all white, mostly rural, and predominately late middle age.”

Urdangen �led an appeal and teamed with other counsel from the Bluhm Legal Clinic, including Appellate Advocacy Center director Sarah Schrup and former student Steven Art (JD ’09), a founding member of the Justice Council of the Center

on Wrongful Convictions and now an attorney with Loevy & Loevy.

“Sarah gave a brilliant oral argument in the appellate court, a�er which our con�dence was quite high,” Urdangen said.

“In addition, many of my students worked hard on behalf of this client over the past few years, and Sarah had excellent assis-tance from students throughout the appeals process as well.”

�e Illinois Fi�h District Appellate Court overturned the conviction in a unanimous decision.

In May the Illinois Supreme Court declined to review Oduwole’s case, and prosecutors are prohibited from bringing him to trial again.

“Because the appellate court based its opinion on insu�ciency of the evidence, Oduwole was in e�ect acquitted by that court, and that judgment is now �nal,” Urdangen said. “In the end, the appel-late review process worked as it should, producing a thoughtful opinion that found a rational jury could not have returned a guilty verdict on these facts.” n

Olutosin Oduwole

Nicole Harris (right) hugs Alison Flaum, legal director of the Children and Family Justice Center and clinical associate professor of law.


CLINIC NEWS

DNA Testing Granted for Johnnie Lee SavoryA�er seeking DNA testing for almost 15 years, Center on Wrongful Convictions client Johnnie Lee Savory has been allowed to use modern DNA technology to support his innocence claim in a 1977 double murder case.

Savory, who spent almost 30 years in prison, was convicted at age 14 in the stabbing murders of James Robinson Jr., 14, and Robinson’s sister, Connie Cooper, 19. Savory was released on parole in 2006.

“�is means hope for Johnnie,” said Joshua Tepfer, clinical assistant pro-fessor of law and project codirector of the Center on Wrongful Convictions of Youth. “He has wanted this and fought for this [DNA testing], and a team of advocates and friends have fought for this since this technology became available.”

Peoria County Circuit Judge Steve Kouri will allow experts at a Dallas laboratory hired by Savory’s attorneys to test a bloodstained knife, �nger-nail scrapings, hairs found on the victims’ hands, a light switch plate, blood-stained pants, and swabs taken from Cooper’s body. �e parameters of the testing will be established at a hearing. n

Daniel Taylor Exonerated of Murder ChargesIn June Center on Wrongful Convictions client Daniel Taylor was cleared of all charges in connection with a 1992 murder for which he spent more than two decades behind bars.

Despite being in police custody at the time of the murder, Taylor, then 17, was among eight young men arrested and charged with the shooting deaths of a man and a woman. He was coerced to falsely confess, though police records backed up Taylor’s claim that he was in jail when the crime occurred. Prosecutors contended that the records were inaccurate, and they presented the testimony of another o�cer who claimed to have seen Taylor on the street during the relevant time. His case went to trial, and he was found guilty and sentenced to life in prison.

Taylor �led a petition to be retried but was unable to obtain a hearing. �e CWC took on the case in 2011. Karen Daniel, clinical professor of law and CWC senior sta� attorney, �led a federal petition for a writ of habeas corpus, which was dismissed but reinstated in October 2011 by the US

Court of Appeals for the Seventh Circuit. �e Cook County state’s attorney’s o�ce decided to dismiss Taylor’s conviction a�er

a review that included interviews of new witnesses and an examination of additional documents. n

Daniel Taylor celebrates his exoneration at an event in the Bluhm Legal Clinic.

Johnnie Lee Savory

FALL 2013 | 21

Multidisciplinary and MulticulturalInnovative Program Improves Access to Health

�is fall a team from the Northwestern Access to Health Project will �nalize a plan to improve healthcare for impover-ished residents of Guaymate in the Dominican Republic. Last year ATH launched an emergency obstetrical care project to alleviate infant and maternal mortality in Bonga, Ethiopia.

�ese two projects demonstrate ATH’s premise: that access to healthcare is a human right. Founded by Juliet Sorensen, clinical assistant professor of law in the Center for International Human Rights (CIHR), and Carolyn Baer, former deputy director of the Feinberg School of Medicine’s Center for Global Health, the program brings together students from the Law School, the Kellogg School of Management, and the Feinberg School of Medicine, and includes expertise from the McCormick School of Engineering, to design health projects in developing countries.

Students taking Sorensen’s Health and Human Rights course work in interdisciplinary teams on a public health case study in the developing world, investigating issues such as policy, infrastructure, and access to training and equipment. Each class chooses a case study a�er consulting

with international and national agencies and organizations such as the Peace Corps, Centers for Disease Control and Prevention, the International Medical Corps, and the UN High Commission for Human Rights, about areas with the greatest potential for impact.

Students draw from research conducted by Northwestern’s renowned faculty and ATH partners to develop a healthcare solution that is both appropriate and sustainable for the community identi�ed. During spring break, ATH conducts a site visit, meets with community members and partners, and establishes the foundation for the project. �e plan is re�ned over the spring and summer, launched in the fall, and evalu-ated a�er six months and one year.

“What makes this program so rewarding is both the impact on communities in the developing world and on ATH stu-dents,” said Sorensen. “�e interdisciplinary nature makes the program more e�ective and prepares students for the real world. �ey are sitting down at the table, working construc-tively with peers in the business and medical schools. �is is vital training that will make them outstanding lawyers.”

Access to Health participants from Northwestern Law and

Kellogg School of Management with schoolchildren in a batey near

Guaymate, Dominican Republic, during a site visit in March 2013.


CLINIC NEWS

Samantha Woo (JD ’12) worked on the 2012 emergency obstetrical care project in Ethiopia. She was among four law students who traveled to Bonga to visit the district hospital and talk with health professionals, patients, and community lead-ers. Based on �ndings from the visit, an emergency-obstetrics training program was developed for healthcare providers. ATH is currently evaluating its e�ectiveness.

“In the US, maternal health is primarily a public health issue. But in the developing world, it is a multifaceted prob-lem that calls into question basic human rights like the right to healthcare,” said Woo. “Part of our work was to research Ethiopia’s constitution and legal system to understand obstacles to healthcare and �nd ways to address them.”

In 2013 in Guaymate, Dominican Republic, ATH students focused their studies on maternal health, HIV/AIDS, family planning, and type 2 diabetes, which is on the rise in the Dominican Republic. Many Haitian immigrants and low-income Dominicans reside in “bateys,” or rural communities of migrant sugarcane workers. �ey su�er extreme poverty and myriad health issues, including one of the highest HIV/AIDS rates in Latin America. In March Sorensen, ATH colleague Dr. Shannon Galvin of the Center for Global Health, and six students conducted a site visit in Guaymate.

“We assessed the types of interventions that had and had not worked successfully in the past,” said Ewurabena Hutchful (JD ’14), who partici-pated in the site visit. “Batey residents, health-care workers, local NGOs, youth, and educators identi�ed the need for health education pro-grams and prioritized the need for strengthened outreach to the especially vulnerable Haitian migrant population.”

Some potential solutions included establishing a community garden to help address the nutri-tional problems exacerbating type 2 diabetes; capitalizing on the popularity of a local baseball team to help disseminate nutritional informa-tion; and networking sex workers in separate

communities so they may share HIV/AIDS prevention infor-mation and resources. In September, ATH faculty will meet with a community advisory board in Guaymate to �nalize the project, which is expected to launch in October.

“Courses and projects like this enable us to e�ect real, tangible change in the world,” said Dean Daniel B. Rodriguez,

“and working together in an interdisciplinary setting is the only way to tackle complicated access to healthcare issues. What’s more, programs such as ATH provide students with invaluable opportunities to build skills, work collaboratively, and improve the lives of people in the developing world. ATH is transforming the role of universities in the 21st century and the resources they bring not only to research and education but to community outreach on a global level.”

“�is is the best experience I’ve had at Northwestern,” said Hutchful. “We contributed toward something that will make a di�erence to an entire community. We met with local stake-holders and a diverse community of people, some of whose voices would not otherwise be heard or reported… and their involvement will help drive the success of this project.” n

“This is the best experience I’ve had at Northwestern. We contributed toward something that will make a difference to an entire community. We met with local stakeholders and a diverse community of people, some of whose voices would not otherwise be heard or reported… and their involvement will help drive the success of this project.”

— EWURABENA HUTCHFUL (JD ’14)

Children in a one-room schoolhouse in another batey near Guaymate.

FALL 2013 | 23

JUSTICE for CA MBODIA

Inside the court room at the Extraordinary Chambers in the Courts of Cambodia at the Duch verdict on July 26, 2010.

JUSTICE for CA MBODIA

Between 1975 and 1979 the Khmer

Rouge killed more than 1.7 million

Cambodians. Invading Vietnamese

troops ended the mass-atrocity crimes

in 1979, but Khmer Rouge leader Pol

Pot continued to operate along the

Cambodia/Thailand border until he

was detained by his own people in

1997. He died in 1998 without facing a

court of law for his crimes. Ambassador

David Scheffer, now a Northwestern

Law professor, was instrumental in

creating the Extraordinary Chambers

in the Courts of Cambodia. Through

this national court, Scheffer and his

students work year-round to bring

justice to the people of Cambodia.

By Tracy Marks

FALL 2013 | 25

ECCC AT A

GL A NCE

• Seventeenjudgespresidinginthreechambers:thePre-TrialChamber,TrialChamber,andSupremeCourtChamber.

• IneachchamberthemajorityofjudgesareCambodian.

• Twoco-investigatingjudges:oneCambodianandoneUN-nominatedforeigner.

• Twoco-prosecutors:oneCambodianandoneUN-nominatedforeigner.

• Anydecisionorjudgmentbyoneofthechambersrequiresthesupermajority(majorityplusone)voteofthejudges.

Scheffer had worked on Cambodian issues before—in 1979, as an associate at the inter-national law firm Coudert Brothers, where he worked pro bono to clear the legal hurdles involved in shipping desperately needed food aid up the Mekong River to Phnom Penh. He advocated the normalization of relations with Vietnam in the mid-1980s, a position that continued to stoke his interest in the politics of the region. So when the request for assis-tance came from the Cambodian government, Scheffer was uniquely positioned to negoti-ate the creation of the Extraordinary Chambers in the Courts of Cambodia (ECCC)—a difficult process that unfolded slowly, and by fits and starts, from 1997 to 2006. Even after he left the State Department at the end of the Clinton Administration, with most of the negotiations completed, Scheffer remained involved with the Cambodia tribunal. He now serves as a special expert on United Nations assistance to the Khmer Rouge trials.

s a US State Department official between 1993 and 2001,

David Scheffer helped establish the International

Criminal Tribunals for the former Yugoslavia and Rwanda,

the Special Court for Sierra Leone, and the permanent

International Criminal Court at The Hague. He had just

become the United States’ first war crimes ambassador when,

in 1997, the Cambodian government appealed to the United

Nations to establish a court to try those responsible for the

Khmer Rouge’s atrocities.


The ECCC was established to bring to trial the surviving senior leaders of Democratic Kampuchea (Cambodia’s name under Pol Pot) and those most responsible for committing atrocity crimes (genocide, crimes against humanity, and war crimes). Since the ECCC began work in 2006, five people have been indicted. Kaing Guek Eav (known as Duch), who ran the Tuol Sleng prison camp in Phnom Penh, was con-victed of crimes against humanity and grave breaches of the Geneva Conventions of 1949 and is serving a life sentence in a Cambodian prison. Ieng Thirith, former minister of social affairs and Pol Pot’s sister-in-law, was found unfit to stand trial due to dementia. Ieng Sary, former minister of foreign affairs and Ieng Thirith’s husband, died in March while his trial was under way. Both the prosecution and the defense have presented their cases and closing arguments are sched-uled for October in the trial of Nuon Chea, former deputy secretary of the Communist Party of Kampuchea and second in command under Pol Pot, and Khieu Sampan, head of state in Democratic Kampuchea. A judicial investigation against several more unnamed suspects is ongoing.

“While other courts were established as international criminal tribunals, Cambodia’s situation required a different approach,” Scheffer said. “Years of negotiations resulted in establishing a national court that was ‘internationalized’ by a treaty between the United Nations and the government of Cambodia.” The ECCC requires participation of Cambodian judges, prosecutors, and administrators who work side by side

DOCUMENTING THE

ECCC’S WOR K

The Cambodia Tribunal Monitor, an award-winning website, reports on the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh and provides legal analyses for the world community. The Monitor observes and docu-ments ECCC proceedings with a daily blog, often written by a Northwestern Law student or recent graduate who is present in the courtroom.

“Students have extraordinary access to this process,” said Christine Evans (JD ’03, LLM IHR ’11), until recently the Monitor senior editor. “With at least 15,000 visitors per month from around the world, the website has been the main source for people looking for information about the Khmer Rouge trials. In addition to trial blogging, every day the Monitor assembles news articles about the tribunal and reports by NGOs and government organizations, and it provides com-mentary and legal analyses of the proceedings.”

Erica Embree (JD-LLM IHR’15) traveled to Phnom Penh during the summer of 2012, where she spent a month writing daily trial blogs for the Monitor. “Observing the ECCC enriched my understanding of the practice of law, both the role of law in society and being an advocate,” Embree said. “Reporting the proceedings enhanced my ability to take a fair and balanced view. Objectivity is a highly valuable skill for a lawyer.”

Evans said she hopes that “historians down the road will be able to come directly to our website to understand what happened under the Khmer Rouge and what transpired in this unique court.”

The Monitor’s funding has been made possible for many years with generous grants from the J. B. and M. K. Pritzker Family Foundation, although that funding ended in September 2013. The Cambodia Tribunal Monitor can be found at: www.cambodiatribunal.org. n

Left: Nuon Chea during the Trail Chamber hearing in Case 002 on December 5, 2011. Right: A group of Buddhist Monks from Preah Sihanouk Raja Buddhist University attended the second day of the preliminary hearings on Nuon Chea’s and Ieng Thirith’s fitness to stand trial on August 30, 2011.

FALL 2013 | 27

As the director of the Bluhm Legal Clinic’s Center for International Human Rights (CIHR), David Scheffer leads a group of faculty that provide a range of courses on international human rights, criminal, and humanitarian law, as well as unique clinical experiences that focus on the protection of global human rights and international criminal law, that together form an extraor-dinary set of interconnected opportunities for Northwestern Law students.

Among the CIHR’s many projects is the JD-LLM in International Human Rights (JD-LLM IHR), a four-year joint degree that provides students with the opportu-nity to gain a comprehensive foundation in international human rights and criminal law. Northwestern is the only school in the country to offer a degree like this.

“Our joint degree program provides law students with a unique opportunity to undertake in-depth study of the norms and mechanisms of international human rights

law, without shortchanging their JD studies of American law,” said clinical professor of law Bridget Arimond, director of the LLM Program in International Human Rights. “As our graduates seek jobs throughout the international system, the LLM IHR cre-dential will place them on par with top law graduates from the many countries where an advanced degree in law is more common-place than it is here in the US.”

In addition to classroom work, stu-dents in the joint program are required to complete a semester-long externship with an international criminal tribunal, supreme court, or human rights organization. “Upon their return to campus, our joint degree students have, without fail, described the externship experience as a high point of their legal studies,” said Arimond.

Clare Diegel (JD-LLM IHR ’13) spent spring 2013 in Phnom Penh as a legal extern in the Office of the Co-Investigating Judges. One of only two Americans on the

international staff of approximately 12, she was “constantly challenged by complicated legal issues, most of which incorporated elements of both common and civil law systems.” She now has lasting relation-ships with lawyers across the globe who are on the “cutting edge of international human rights law.” In addition to providing incomparable professional experience, being in Cambodia transformed Diegel personally as well. “Every day, I was blown away by the astounding resolve of the Cambodian people, and I was so proud to be working at a court seeking to bring this country justice.”

Northwestern Law also offers an LLM in International Human Rights for students with American JDs or law degrees from other countries who wish to undertake a comprehensive study of the norms and methods of international human rights law and their implementation by inter-national courts and organizations and in domestic legal systems. The program has

with a smaller number of international counterparts. One of the co-investigating judges is a Cambodian and the other UN-nominated foreigner; the same is true of the two lead prosecutors. In each of the three chambers, the majority of judges are Cambodian. To ensure due process, a supermajority vote is necessary. For example, if all of the Cambodian judges decide to convict, then the vote of at least one international judge is required. “For the evolution of international criminal law, the ECCC represents a significant collaboration of a national political and legal system with the UN, out of which has been developed a novel, albeit controversial, structure of criminal law and procedure,” said Scheffer. (An unfortunate side effect of this unique structure is that—unlike some UN-created international criminal tribunals that are automatically funded by member countries—the ECCC is voluntarily funded. Every year tens of mil-lions of dollars must be raised to carry on its work.)

One of only a handful of survivors from the secret Khmer Rouge prison S21 where at least 12,273 people were tortured and executed, Chum Mey (top) holds up copies of the Duch verdict on August 12, 2010. The first trial judgment of the Extraordinary Chambers in the Courts of Cambodia, the Duch verdict was made widely accessible to the people in Cambodia, as the ECCC printed 10,000 copies of the verdict (450 pages) and 17,000 copies of the summary (36 pages) and distributed the documents throughout 1,621 communes in Cambodia as well as in libraries, schools, and other public institutions. Kaing Guek Eav, alias Duch, was the first person to stand trial before the ECCC; he was found guilty of crimes against humanity and war crimes on July 26, 2010.

CENTER FOR

INTER NATIONA L HUM A N R IGHTS


Outreach and information gathering have been essential objectives of the ECCC in partnership with the Documentation Center of Cambodia (DC-Cam). “It is imperative that a new generation of Cambodians understand what happened under Pol Pot,” said Scheffer. Until a few years ago, no textbooks in second-ary schools included information about the atrocities. Students learned about their own history through family members, if at all. DC-Cam is com-mitted to maintaining the world’s most comprehensive databases on Khmer Rouge history, and one of its projects is the publication of new textbooks.

As part of the education process, buses drive all night so vil-lagers can witness courtroom proceedings. More than 200,000

Cambodians have attended—more observers than all of the other modern war crimes tribunals combined. DC-Cam and court offi-cials also meet with villagers to provide updates on the courtroom proceedings and encourage them to share their own stories.

“The justice that is being explored and rendered in these courtrooms, along with the involvement of the Cambodian people, will be the true legacy of the ECCC,” said Scheffer. “Because the trials are taking place in Cambodia instead of in

The Hague, the ECCC will establish within Cambodia a precedent for the defeat of leadership impunity. Tribunals such as the ECCC show the world that atrocity crimes no longer will be tolerated and that lead-ers will be held accountable for their actions under international law.” n

welcomed students from the United States and more than 30 countries, including Chile, India, Belgium, Lebanon, Yemen, Canada, the United Kingdom, Guinea, Panama, Spain, Eritrea, Mexico, Ghana, Bulgaria, the Philippines, Brazil, Cameroon, Cambodia, Kenya, Uganda, Ethiopia, Italy, Tanzania, South Africa, Belarus, France, Turkey, Thailand, Japan, South Korea, Iraq, Indonesia, China, Taiwan and Pakistan.

CIHR faculty members supervise students in clinical work as well. Students under faculty supervision have assisted with the preparation of filings before federal courts, international criminal tribunals, and human rights bodies, and some of them have gone on to work on the International Criminal Tribunals for the Former Yugoslavia and Rwanda, the Extraordinary Chambers in the Courts of Cambodia, and the International Criminal Court.

In 2012, the Center was granted spe-cial consultative status with the United

Nations Economic and Social Council. Northwestern is one of only two law schools to be granted such status. Stephen Sawyer, clinical associate professor of law and the Center’s director of curricular projects, led the effort to achieve this status because it affords students the opportunity to gain first-hand insights into the deliberations of that body, as well as the chance to directly contribute to the UN’s important work on international human rights.

“The Center for International Human Rights has a long reach—from The Hague to Phnom Penh, they are bringing the instru-ments of justice and due process around the world,” said Dean Daniel B. Rodriguez.

“Back home in Chicago, our students benefit enormously from the incomparable experi-ences this work makes available to them.”

Additional information about the Center for International Human Rights can be found at: www.law.northwestern.edu /legalclinic/humanrights. n

“BEC AUSE THE TR I A L S A R E TA K ING PL ACE IN

C A MBODI A INSTE A D OF IN THE H AGUE , THE ECCC

W ILL E STA BLISH W ITHIN C A MBODI A A PR ECEDENT

FOR THE DEFE AT OF L E A DER SHIP IMPU NIT Y.”

—DAV ID SCHEFFER

David Scheffer, Mayer Brown/Robert A. Helman Professor of Law and Center Director

Sandra Babcock, Clinical Director, Clinical Professor

Bridget Arimond, LLM Director, Clinical Professor

Stephen Sawyer, Director of Curricular Projects, Clinical Associate Professor

Juliet Sorensen, Clinical Assistant Professor

FALL 2013 | 29

Scheffer Awarded Fall 2013 Berlin Prize FellowshipDavid J. Sche�er has received a Berlin Prize from the American Academy in Berlin for the fall 2013 term and will be a member of the academy’s 16th class of fellows, which includes writers, journalists, artists, policy experts, and a composer. �e prize allows fellows to

pursue independent study and engage with their German counterparts and with Berlin’s vibrant academic, cultural, and political life.

Sche�er, the Mayer Brown/Robert A. Helman Professor of Law and the director of the Bluhm Legal Clinic’s Center for International Human Rights, will use his fellowship to develop an in-depth examination of American policy during the Yugoslav wars, with particu-lar focus on 1993 through 1996. Sche�er

served on the Deputies Committee of the National Security Council and as senior counsel to UN ambassador Madeleine Albright during the �rst term of the Clinton administration. Drawing on those experiences, Sche�er will write a comprehensive narrative

about US policy as war and atrocities swept over Bosnia-Herzegovina and Croatia and about how UN and NATO initiatives confronted realpolitik in national capitals and among the major players.

“�is is both a terri�c honor and an opportunity for David,” said Dean Daniel B. Rodriguez. “His excellent scholarship and advocacy have aided greatly in the development of meaning-ful international justice mechanisms.

�is fellowship will allow him to expand that important work.”

Sche�er is the author of All the Missing Souls: A Personal History of the War Crimes Tribunals, which chronicles his work in the Clinton administration. During Clinton’s second term he served as the �rst US ambassador at large for war crimes issues and was instrumen-tal in creating war crimes tribunals in

the former Yugoslavia, Rwanda, Sierra Leone, and Cambodia. He led the US delegation in negotiations creating the International Criminal Court. In addition to his writing and teaching, Sche�er also serves as the UN secretary-general’s special expert on UN assis-tance to the Khmer Rouge trials.

A private, nonpro�t, nonpartisan center for advanced research in a range of academic and cultural �elds, the American Academy in Berlin was established in 1994 by Ambassador Richard C. Holbrooke to foster greater understanding and dialogue between the United States and Germany. Each year the academy awards Berlin Prize fellowships to about two dozen emerg-ing or established scholars, writers, and professionals, who are selected by an independent committee. n

Scheffer will use his fellowship to develop an in-depth examination of American policy during the Yugoslav wars, with

particular focus on 1993 through 1996.

David J. Scheffer


FACULTY FOCUS

Rubinowitz Honored with Public Service AwardProfessor Len Rubinowitz received the 2013 Leonard Jay Schrager Award of Excellence for his contributions to public service at the annual Pro Bono and Public Service Awards Luncheon of the Chicago Bar Foundation, the charitable arm of the Chicago Bar Association.

A member of the Northwestern Law faculty for almost 40 years, Rubinowitz teaches law as it pertains to civil rights, urban housing and community development, public interest, and social change. He has received a number of student-voted awards for his excellence in teaching.

Rubinowitz is widely recognized throughout the Northwestern Law community for creating and promot-ing specialized programs and courses to support students interested in public interest law. In 2001 Northwestern Law’s Student-Funded Public Interest Fellowship (SFPIF) program renamed its grant program “Len Rubinowitz Public Service Fellowships” in his honor. �ese fellowships help fund summer public interest employment for law students through a combination of money raised during the year, a Law School contribution, and federal work-study grants.

“Len’s commitment to public service and pro bono work has long been the stu� of legend at Northwestern Law,” said Dean Daniel B. Rodriguez. “I’m delighted with the Chicago Bar Foundation’s recognition of his many contributions to our city and our profession.”

Rubinowitz’s research, which involves him with both lawyers and activists who focus on racial discrimination, exam-ines race historically and currently. His books include Low-Income Housing: Suburban Strategies and Crossing the Class and Color Lines: From Public Housing to White Suburbia (with Jim Rosenbaum), which documented and evaluated the impact of the Gautreaux public housing desegregation program in Chicago.

Before joining the Northwestern faculty, Rubinowitz served as legal adviser and special assistant at the US Department of Housing and Urban Development.

�e Leonard Jay Schrager Award of Excellence recognizes attorneys in academia for their contributions to improving access to justice for the less fortunate. �e award’s endow-ment by the Reed Smith law �rm and its partners allows the recipient to choose a law school or legal aid program for

a Chicago Bar Foundation grant. Rubinowitz selected the Bluhm Legal Clinic as the recipient of this grant.

�is is the second year in a row that a Northwestern Law professor was honored with the Schrager Award. Cindy Wilson (JD ’86), clinical associate professor of law and direc-tor of the Bluhm Legal Clinic’s Center for Externships, was the 2012 recipient. n

“Len’s commitment to public service and pro bono work has long been the stuff of legend at

Northwestern Law. I’m delighted with the Chicago Bar Foundation’s recognition of his many

contributions to our city and our profession.”— DEAN DANIEL B. RODRIGUEZ

Len Rubinowitz

FALL 2013 | 31

Professor Jack Heinz: Leader in Law and Society MovementEmeritus Professor’s Past and Present Works Represent a Range of Interests

In 1965, having �nished three years of military service a�er graduating from Yale Law School, John P. “Jack” Heinz joined the Northwestern Law faculty. He recalled that his decision to accept Northwestern’s o�er was heavily in�uenced by sta-tistical analysis: “I was single then, and it was pretty easy to calculate that there were more women in Chicago than in the other places where jobs were o�ered to me. Being a quantita-tive guy, the choice was easy.”

He did �nd love in Chicago—he’s been married for 46 years to his wife, Anne—and he also found an academic home from which his quantitative bent produced crucial insights, advanced a vital legal discipline, elevated standards

of legal scholarship, and inspired subsequent generations of scholars and practitioners. Having retired from the Law School in 2007, he is now Owen L. Coon Professor of Law Emeritus.

“�e themes of Jack’s work are deeply important,” observed Jide Nzelibe, professor of law and associate dean of faculty a�airs. “His career-long investigations of the patterns of power, in�uence, and strati�cation within the legal profession have enabled us to see our discipline in new ways. And just as important, his methodological rigor and innovativeness have set a standard for empirical studies of the legal profession.”

Heinz’s �rst large-scale research into the legal profession began in 1975, when he and sociologist Edward Laumann led an expansive study—which included 777 interviews—of the Chicago bar. �e resulting book, Chicago Lawyers: �e Social Structure of the Bar, published in 1982, gained widespread attention for its detailed pro�le of the practice of law, and

particularly for its portrayal of what became known as the “two hemispheres” of the profession—one serving corporate clients, and the other serving individuals and small busi-nesses. Heinz said, “�e strati�cation of the bar was surpris-ingly clear, rigid, and bipolar. �e two sectors di�ered not only in clientele but in the lawyers’ social origins, education, o�ce environments, circles of acquaintance, political values, and social standing.”

Heinz followed up Chicago Lawyers with more than 30 articles and two more books about lawyers. His 1993 book with Laumann and others, �e Hollow Core—for which more than a thousand interviews were conducted—thoroughly and

carefully delineated the relation-ships among lawyers and lobbyists in the formation of national poli-cies, and in 2005 he revisited the social structure of the Chicago bar in Urban Lawyers.

Since Urban Lawyers, he has created, in collaboration with Ann Southworth and Anthony Paik, a series of network-analysis-based studies of lawyers’ in�uence on policy making. �e editors of a symposium in honor of Heinz, which was published in the journal

Law & Social Inquiry, describe this recent work as “an exten-sive research enterprise” that has “refreshed the agenda of research on the power of lawyers.”

Heinz’s interests and methods established him as a leader in the law and society movement, which in its early years was centered at Northwestern and a handful of other universities. Among other things, he was the �rst director of the univer-sity’s Program in Law and the Social Sciences; he chaired the Law and Justice Program at the university’s Institute for Policy Research; he served on the editorial board of Law and Society Review; and he received the Harry Kalven Prize from the Law and Society Association for distinguished research.

“Jack’s leadership in the law and society movement was typical of the leadership he has shown everywhere,” said Shari Diamond, Howard J. Trienens Professor of Law. “I think he earns that leadership in part because he is admirable in so many ways—as a careful and thorough scholar; as an

“His career-long investigations of the patterns of power, in�uence, and strat-i�cation within the legal profession have enabled us to see our discipline in new ways. And just as important, his methodological rigor and innovative-ness have set a standard for empirical studies of the legal profession.”

—JIDE NZEL IBE, PROFESSOR OF L AW AND

ASSOCIATE DEAN OF FACULT Y AFFA IRS


FACULT Y FOCUS

innovator in applying sophisticated research methodologies; as a teacher, mentor, and adviser; and, more generally and maybe more importantly, as a wise, interesting, and generous human being.”

Virtually whenever something important happened at the Law School, Heinz’s leadership was sought. Among other things, he chaired two dean searches, served from 1980 to 1984 on the committee that steered the creation of the Rublo� Building, and served three terms as chair of the faculty appointments committee.

Outside the Law School, he worked half-time for more than 20 years at the American Bar Foundation, including an in�u-ential four-plus years as executive director; he was a director for many years of organizations that include the prison-reform-focused John Howard Association of Illinois and the Appleseed Fund for Justice; and he served on many government com-missions aimed at the fair administration of justice.

Demonstrating the truth in Professor Diamond’s addi-tional observation that “Jack is a Renaissance guy,” Heinz has

also published articles in national publications about jazz, boxing, and the natural history of the Adirondack Mountains, and he edited a book about the drawings and paintings of the artist Mary Sprague.

He taught criminal law from his �rst year at the law school until his last, bringing his wide-ranging curiosity into the classroom in ways that in�uenced many students. Evan Meagher (JD-MBA ’09) was a student in the last criminal law class that Heinz taught and remembers him as “invigorated by the intel-lectual discourse and able to mine cases deeply for meaning. We spent weeks on one case from the 1960s, Robinson v. California, and Professor Heinz’s evident passion for the mate-rial maintained everyone’s interest.”

Heinz’s contributions are still vitally impor-tant, said Dean Daniel B. Rodriguez: “Jack’s early work anticipated many of the issues that still face the legal profession, and all of society, today—diversity, �rm structure, career satis-faction, and the policy in�uence of lawyers, to name just a few. Not only is he still address-

ing those things with the kinds of methodological rigor they require, he has inspired scholars in the US and around the world to do the same.”

From the rustic Adirondack cabin where he spends every summer, Heinz reported earlier this year that his work is continuing on many fronts. He, Southworth, and Paik are completing a national study on lawyers in politics; he is still consulting with the Appleseed Fund concerning law reform projects, particularly regarding criminal law; he and his wife completed and submitted to a potential publisher a book based on letters written by three young working-class women in the years just before the Civil War; and he’s doing more popular-journalism writing about the Adirondacks and other topics.

“A career as a scholar is an almost unmixed blessing,” Heinz re�ected. “Someone pays you to pursue your interests. In retrospect, my career looks more coherent than it seemed at the time. I just did the day’s work, for a considerable accu-mulation of days. I was busy. I still am.” n —Jerry de Jaager

Jack Heinz

FALL 2013 | 33

Michelle FalkoffCL IN ICAL ASSOCIAT E PROFESSOR OF L AW; COMMUNICAT ION AND LEG AL RE ASONING PROGR AM (FAL L 2013)

BA, University of Pennsylvania; JD, Columbia University; MFA, University of Iowa

Michelle Falko� joins Northwestern Law as the new director of the Communication and Legal Reasoning Program. In this capacity she will work to develop new programming and curriculum. Falko� comes to the

position with a background in creative writing and intellectual property.

“Law and narrative are two things that I love, and I spent years trying to �gure out how to pick and choose between them,” said Falko�. “I thought I had to give up creative writing when I got into law, but I’ve found that there’s a lot of overlap between the two. Writing is all about prediction and persuasion—it doesn’t matter what �eld you’re in. �is is particularly helpful in teaching legal writing and analysis. �ere is so much evolution happening in the legal academy, so it’s a really exciting time to be a legal writing teacher.”

Falko� received her law degree from Columbia University and practiced intellectual property litiga-tion in Silicon Valley before leaving legal practice to go to the Iowa Writers’ Workshop, where she received a master of �ne arts degree in �ction writing. She also taught legal analysis, writing, and research at the University of Iowa Law School.

“Northwestern is a great school that carries many of the bene�ts of being an institution in a big city with a variety of resources in the Chicago legal community,” said Falko�. “It will be my goal to use those bene�ts to push the CLR program to a place where students will be primed and ready to enter the legal �eld.” n

New Faculty Three distinguished scholars will join Northwestern Law in 2013–14, enhancing the diversity of interests and expertise that distinguish the school’s faculty.

Laura Pedraza-FariñaASSIS TAN T PROFESSOR OF L AW (FAL L 2013)

BA, Oberlin College; PhD, Yale University; JD, Harvard University

Laura Pedraza-Fariña is an emerging scholar in intellectual property, patent law, and international organizations. She was previously a visiting lecturer and law research fellow at Georgetown Law, where she researched and wrote about the role of nonstate actors in global governance and the role of teamwork and cross-disciplinarity in innovation.

Her scholarship on intellectual property law uses the methodology of history and sociology of science and technology to analyze and inform the design of patent law. Her current projects include an analysis of the

implications of sociological studies on tacit scienti�c knowledge for the disclosure theory of patent law, and a study of how the specialized court structure of patent law in�uences the content of patent decisions.

“I appreciate Northwestern Law’s emphasis on interdisciplinary study, as that is really helpful for my scholarship,” said Pedraza-Fariña. “In my research I combine sociology and the history of science and use these insights to study patent law.”

Before attending Harvard Law, Pedraza-Fariña received a PhD in genetics from Yale University with the intention of conducting scienti�c research. She worked as a consultant for the Open Society Foundations, where she researched the national imple-mentation of global commitments to �ght HIV/AIDS. Her work there sparked an interest in patent law.

Michelle Falkoff


FACULT Y FOCUS

Pedraza-Fariña will teach classes in property law and patent law and a seminar on patent law and innovation. She plans to incorporate many recent patent law deci-sions into her teaching.

“Policy and theory are a part of my class because they are usually tethered to how decisions play out in the courts,” she said. “Patent law and science technology have evolved so much over the past few years, to a point where there is a quandary in �guring out what should be patented and what should not. �ese are issues that make for perfect classroom discussion and debate.” n

Laura Pedraza-Fariña

Carole Silver

Carole SilverPROFE SSOR OF GLOBAL L AW AND PR AC T ICE (SPR ING 2013)

BA, University of Michigan; JD, Indiana University Maurer School of Law

Carole Silver is returning to Northwestern as Professor of Global Law and Practice. Her research investigates the in�uence of globalization on the legal profession, including issues related to regulation of the profession, organizational structures, and legal education. She has explored the role of gender in global legal practice, focusing on the presence of women among partners, local lawyers, and expatriates in global law �rms. Her work also addresses the ways in which law �rms are global organizations; she has used lawyer biographies to analyze global strategies and patterns of growth of large US-based law �rms. Additionally, she examines the value of US legal education in the careers of inter-national lawyers, and the ways in which US law schools prepare students for practicing in a global environment.

Her scholarly interest in globalization began at Northwestern Law, where she was on the faculty from 1998 to 2008. During that period, she taught courses on globalization and the legal profession, business associations, con�ict of laws and international securi-ties regulation, and comparative corporate governance, among others. She also taught an early version of the International Team Project course, traveling with stu-dents to Singapore.

“It is exciting to return to Northwestern Law, a place that fostered my early research on globalization and international legal education,” said Silver.

Before returning to Northwestern, Silver was profes-sor of law at Indiana University Maurer School of Law, where she taught a new course on global corporate law and lawyering and a �rst-year course on the legal pro-fession, among other things. While at Indiana, she also served as director of the Law School Survey of Student Engagement, which is a survey of students used by law schools in the United States, Canada, and Australia to investigate and improve student learning and engage-ment. Earlier, she was executive director of the Center for the Study of the Legal Profession and visiting pro-fessor of law at Georgetown Law Center.

Silver’s work at Northwestern Law will continue to focus on globalization and the legal profession. “I am interested in learning more about the struc-tural factors that shape and inhibit interaction among indi-viduals from di�erent coun-tries and cultures, whether in a law school with an interna-tional student body or a law �rm with a global footprint,” she said. “Interaction is crucial to success in a global market. �e legal profes-sion now is intensely global at the same time that it also has maintained an impor-tant local focus; this tension, among others, is at the core of my research." n

FALL 2013 | 35

New Clinical Faculty Northwestern Law’s clinical faculty includes more than 30 nationally recognized scholars who combine classroom instruction with hands-on experience for the more than 200 students who take clinical courses each year. Four professors are joining the Bluhm Legal Clinic faculty this year.

Alyson CarrelCL IN ICAL ASS IS TAN T PROFESSOR OF L AW

BA, University of Florida; JD, University of Missouri–Columbia

A�er serving last year as a visiting clini-cal assistant professor at Northwestern Law, where students voted her outstanding professor of a small class, Alyson Carrel is joining the Bluhm Legal Clinic residential faculty as a clinical assistant professor. She

will continue to teach and do research within the Clinic’s Center on Negotiation and Mediation.

“Negotiation and mediation give law students the choice to strategically assess what is the right process for their clients,” said Carrel. “�e Center allows us to help students become good strategic thinkers in terms of representing clients.”

Carrel’s interest in mediation, negotia-tion, and con�ict resolution was sparked at a workplace con�ict management training in 1992. Since then she has trained thou-sands of people in those skills.

“�at training was the �rst time I was exposed to the very structured process of mediation,” she said. “I was intrigued because it empowered parties, had a long-lasting resolution, and was party centered, driven, and designed.”

A former training director for the Center for Con�ict Resolution in Chicago, Carrel was lead trainer for CCR’s 40-hour media-tion skills training and designed and taught a variety of customized trainings. She

worked with a wide range of clients, includ-ing the Federal Reserve Bank of Chicago, the YMCA, the US Department of Housing and Urban Development, and the Circuit Court of Cook County.

Carrel previously managed a mediation service for child protection/dependency cases in the Eighth Judicial Circuit of Florida. She also helped train and manage University of Florida law students in small-claims mediation, victim-o�ender media-tion, and con�ict resolution skills.

Carrel subscribes to the Center on Negotiation and Mediation’s approach to teaching—experiential learning and practi-cal application—and aims to teach students to serve as advocates and counselors in helping clients solve their problems.

“�ere is a need for experiential learning and practice-ready students,” said Carrel.

“With the Center, all of the curriculum is experiential, and theory is directly applied to practice. As a result, when students leave, they have learned to be thoughtful, deliberate, and strategic in their approach and techniques.” n

Laura NiriderCL IN ICAL ASS IS TAN T PROFESSOR OF L AW

BA, University of Chicago; JD, Northwestern University

Newly promoted clinical assistant professor Laura Nirider (JD ’08) is no stranger to Northwestern Law. In addition to being an alumna, Nirider has been project codirector of the Bluhm Legal Clinic’s Center on Wrongful Convictions of Youth since 2009, and she has held positions here as a clinical fellow and adjunct professor.

In her new role Nirider will continue to represent clients and will coteach a clinical course on wrongful convictions of youth, with a focus on juvenile police interrogations and confessions.

“�e work that I do with the CWCY is extremely rewarding; I’m excited to continue with the mission of helping wrongfully convicted youth,” said Nirider. “My work with the Clinic was one of the highlights of studying law here. It’s exciting to be surrounded by such amazing minds doing spectacular work.”

Alyson Carrel

Laura Nirider


FACULT Y FOCUS

Joshua TepferCL IN ICAL ASS IS TAN T PROFESSOR OF L AW

BA, Grinnell College; JD, University of Minnesota

Joshua Tepfer has assumed a new title, clini-cal assistant professor of law, as he contin-ues as project codirector for the Center on Wrongful Convictions of Youth.

Tepfer has served as a visiting clinical assistant professor at Northwestern Law since 2008 and has codirected the CWCY since its inception. �e CWCY is the only innocence project in the country that focuses exclusively on minors convicted or accused of crimes. Tepfer teaches clinical courses on wrongful convictions of youth, with a focus on police interrogations and confessions.

“�ere’s no greater feeling in the world than being able to represent the innocent, so I’m excited to continue my work here

at Northwestern Law,” said Tepfer. “�e Clinic as a whole does amazing work, and I consider myself fortunate to be able to be a part of such an inspiring movement.”

Prior to coming to Northwestern Law, Tepfer was an appellate defender for the state of Illinois, representing indigent cli-ents in criminal direct and postconviction appeals. He litigated cases in the Illinois Supreme Court and coordinated a student intern training program.

His interest in wrongful convictions began when, as a visiting student at Northwestern Law, he worked with the Children and Family Justice Center. “�e work that I do with students is particularly special to me for this reason,” he said.

In his time with the CWCY, Tepfer has played a leading role in the high-pro�le cases of the Dixmoor Five and the Englewood Four, in which the CWCY

represented two of the men wrongfully convicted and eventually exonerated. He has also worked with CWCY sta�, students, and attorneys to instate policy change to transform juvenile interrogation tactics and has trained law enforcement o�cials and others in best practices for questioning youth. n

Rob OwenCL IN ICAL PROFESSOR OF L AW

AB, MA, University of Georgia; JD, Harvard University

One of the nation’s leading death penalty defense lawyers, Rob Owen joins Northwestern Law as a clinical professor. He was a visiting

professor here in 2011–12, working with Bluhm Legal Clinic students and sta�. In the case of Texas inmate Henry Skinner, they won a rare stay of execution and DNA testing.

Owen will continue his work on death penalty cases and will teach students to prepare briefs, pleadings, and petitions for prisoners sentenced to death in state and federal cases.

“I am really excited about being associated with a university that has such a powerfully strong commitment to social justice,” said Owen.

Since 1989 Owen has defended people facing the death penalty at every level of state and federal court systems. He received the �urgood Marshall Award in recognition of his work representing death-sentenced prisoners.

Owen began his career as a lawyer with the nonpro�t Texas Resource Center in Austin. A�er six years as a sta� attorney there, he worked as an assistant federal public defender in Seattle for three years and then returned to Texas, joining the University of Texas School of Law faculty in 1998 as a clinical professor. �ere he codirected the Capital Punishment Clinic, taught lecture courses on capital punishment, and led an undergraduate freshman seminar on the death penalty. n

Nirider has represented several defendants in high-pro�le cases involving juvenile false confes-sions, including members of the West Memphis �ree case, one of the highest-pro�le murder cases in Arkansas history.

Aside from working on wrongful convictions cases, Nirider is involved in public advocacy for juvenile inter-rogation reforms, including collab-orative e�orts with law enforcement,

“which I hope will play an integral role in preventing more wrongful conviction cases in the future,” she said.

She has published several articles and op-eds on juvenile interroga-tions and postconviction relief. In partnership with the International Association of Chiefs of Police, she coauthored one of the only existing juvenile interrogation protocols. n

Rob Owen

Joshua Tepfer

FALL 2013 | 37

Visiting Faculty 2013–14Miguel de FigueiredoV IS I T ING ASSIS TAN T PROFESSOR (2013–14)BA, Johns Hopkins University; MA, University of Chicago; JD, Yale University; PhD, political science, University of California, Berkeley (expected 2014)

Miguel de Figueiredo’s research focuses on the areas of criminal law, international law, comparative law, election law, law and development, corruption, and voting behavior. His current work examines the e�ects of sentencing for drunk driv-ing; probes the e�ects of expungement on recidivism and employment; analyzes the impact of corruption and information on voting behavior; and explores the e�ects of policies designed to curb tax evasion by �rms. His research has been supported by the National Science Foundation, the Social Science Research Council, Yale Law School’s Oscar M. Ruebhausen Fund, and the University of California, Berkeley’s Center for E�ective Global Action and Survey Research Center.

Dhammika DharmapalaV IS I T ING PROFESSOR OF L AW (FAL L 2013)MEc, University of Western Australia; PhD, economics, University of California, Berkeley

Dhammika Dharmapala is visiting Northwestern Law this fall from the University of Illinois at Urbana-Champaign, where he serves as a professor at the College of Law and a professor of �nance (by courtesy) at the College of Business. He is also an International Research Fellow of the Oxford University Centre for Business Taxation and a fellow of the CESifo Research Network (based in Munich). He has previously held postdoctoral or visiting positions at Harvard, Michigan, Georgetown, and the Australian National University. Dharmapala serves on the

board of directors of the American Law and Economics Association and formerly served on the board of directors of the National Tax Association. Until recently, he was editor-in-chief of the peer-reviewed journal International Tax and Public Finance. His PhD thesis was awarded the National Tax Association’s Outstanding Doctoral Dissertation Award. Dharmapala’s scholar-ship, which spans the �elds of taxation, the economic analysis of law, and corporate �nance and governance, has been pub-lished in leading scholarly journals in law, economics, and �nance and has been cited in various media outlets, including the New York Times, the Washington Post, Bloomberg Businessweek, and �e Economist.

Maria HawiloV IS I T ING CL IN ICAL ASSIS TAN T PROFESSOR OF L AW (2013–14)BS, JD, University of Michigan

Maria Hawilo joins Northwestern Law this year as a visiting clinical assistant profes-sor of law in the Bluhm Legal Clinic, where she will be co-teaching the Juvenile Justice Criminal Trials and Appeals Clinic with �omas Geraghty (JD ’69) and assisting with the supervision of students who have been assigned criminal cases. Previously she served as a supervising attorney for

the District of Columbia’s Public Defender Service, representing clients charged with a variety of o�enses including conspiracy, obstruction of justice, and other serious felonies. Hawilo clerked for Hon. David W. McKeague, who currently sits on the US Court of Appeals for the Sixth Circuit.

Caroline KaebV IS I T ING ASSIS TAN T PROFESSOR (RE T URNING FOR 2013–14)Diplom-Jurist Univ. and First State Board Examination, Friedrich-Alexander-University Erlangen-Nuremberg School of Law; LLM, George Washington University; PhD, interna-tional studies, University of Trento

Caroline Kaeb teaches Corporate Compliance and the Social Mandate, Corporations, European Union Law, and European Business Law. Kaeb began her academic career at Northwestern Law in 2008, serving as a research associ-ate for the Bluhm Legal Clinic’s Center for International Human Rights and as an adjunct professor before becoming a visiting assistant professor of law in 2012. She is also an a�liated faculty member at the Ford Motor Company Center for Global Citizenship at the Kellogg School of Management (by courtesy). Her main areas of research are international business law,

Northwestern Law welcomes faculty who will be visiting during the 2013–14 academic year.


FACULT Y FOCUS

comparative private law, corporate compli-ance, European Union law, law and social norms, and international law. Kaeb earned her PhD in international studies (inter-national law and economics) from Italy’s University of Trento with a dissertation that relates a comparative legal understanding of corporate risks, motivational drivers, and unintended consequences to endog-enous and exogenous measures of corpo-rate social responsibility implementation, particularly liability litigation in the United States and Europe.

Pierre LegrandV IS I T ING PROFESSOR OF L AW (SPR ING 2014)BCL and LLB, McGill University; DEA and PhD, Université Panthéon-Sorbonne; MLitt, University of Oxford; PhD, Lancaster University

Pierre Legrand is professor of law at the Université Panthéon-Sorbonne, where, a�er serving for 10 years as director of postgrad-uate comparative legal studies, he is now responsible for the postgraduate program on globalization and legal pluralism. In the course of his academic career, Legrand has held visiting professorships at a number of universities and has taught and lectured in more than 20 countries, including the United States, Canada, Australia, China, Brazil, Singapore, and nations throughout Europe. His teaching and writing focuses on comparative legal studies with reference to theoretical issues arising from compara-tive interventions. He publishes in English and French, and his work has been trans-lated into various other languages.

Leonard RiskinV IS I T ING PROFESSOR OF L AW (FAL L 2013)BS, University of Wisconsin–Madison; JD, New York University; LLM, Yale University

�is fall Leonard Riskin, Chester�eld Smith Professor of Law at the University of Florida’s Levin College of Law, returns to

Northwestern Law, where he has served as a visiting professor each fall since 2010. Riskin’s work centers on mindsets with which lawyers and other dispute resolvers approach their work. Since 1980 he has been mediating, writing about mediation, and training lawyers and law students in media-tion and other methods of dispute resolu-tion. He also teaches and studies mindful-ness as a method of enhancing performance and satisfaction. He previously served as C. A. Leedy and Isidor Loeb Professor of Law at the University of Missouri–Columbia School of Law, where he founded and, for 20 years, directed the Center for the Study of Dispute Resolution.

Meredith Martin RountreeV IS I T ING ASSIS TAN T PROFESSOR (2013–14)AB, Yale University; JD, Georgetown University; PhD, University of Texas at Austin

Meredith Martin Rountree joins Northwestern Law a�er spending a year as a doctoral fellow at the American Bar Foundation and a year as a research fellow in the Capital Punishment Center at the University of Texas School of Law. Before pursuing a PhD in sociology at the University of Texas at Austin, she taught at the University of Texas School of Law, where she helped establish the Capital Punishment Center and co-directed its Capital Punishment Clinic. Rountree’s

doctoral work focused on the study of crime, law, and deviance, and her disserta-tion research examined the phenomenon of death-sentenced individuals who seek their own execution. She teaches criminal law and a seminar on law and society research.

David SchwartzV IS I T ING PROFESSOR OF L AW (SPR ING 2014)BS, University of Illinois at Urbana-Champaign; JD, University of Michigan

Next spring David Schwartz will visit from IIT Chicago–Kent College of Law, where he is an associate professor of law and codirector of the Center for Empirical Studies of Intellectual Property. Prior to entering academics in 2006, he practiced intellectual property law for more than a decade, focusing on patents and patent litigation. Schwartz’s research focuses on empirical studies of patent law and judicial behavior, including the use of contingent fee representation in patent litigation; reversal rates in patent claim construction cases; litigation involving nonpractic-ing entities; the e�ect of the presumption of validity on jurors; and the doctrine of equivalents. He has also studied the use of legal scholarship by the judiciary. His writing has appeared in the Cornell Law Review, the Harvard Journal of Law and Technology, the Michigan Law Review, and the Northwestern University Law Review.

FALL 2013 | 39

Ronald J. AllenJOHN HENRY WIGMORE PROFESSOR OF LAW

“American Exclusionary Rule(s).” Evidence Science (in English and Mandarin). 2012.

“Burdens of Proof.” Evidence Science (in English and Mandarin). 2012.

“The Conceptual Challenge of Expert Evidence.” Derecho Probatorio Contemporáneo: Prueba Cientí�ca y Técnicas Forenses (Contemporary Law of Evidence: Scienti�c Proof and Forensic Techniques), edited by Leonardo David López Escobar. Universidad de Medellín. 2012.

“Dif�culties with Exclusionary Rules.” Evidence Science. 2012.

“How to Think about Errors, Costs, and Their Allocation.” Florida Law Review. 2012.

“Reforming the Law of Evidence of Tanzania (Part I): The Social and Legal Challenges.” Boston University International Law Journal (with Timothy Fry, Jessica Notebaert, and Jeff VanDam). 2013.

“Reforming the Law of Evidence of Tanzania (Part II): Conceptual Overview and Practical Steps.” Boston University International Law Journal (with Timothy Fry, Jessica Notebaert, and Jeff VanDam). 2013.

“Standards of Proof and the Limits of Legal Analysis” (“Los Estándares de Prueba y los Límites del Análisis Jurídico”). Estándares de Prueba y Prueba Cientí�ca. Ensayos de Epistemología Jurídica, edited by Carmen Vázquez. Marcial Pons. 2013.

“Taming Complexity: Rationality, the Law of Evidence and the Nature of the Legal System.” Law, Probability and Risk. 2013.

Karen AlterPROFESSOR OF LAW (BY COURTESY )

“Legitimacy and Lawmaking: A Tale of Three International Courts.” Theoretical Inquiries in Law (with Laurence Helfer). 2013.

“The Multiple Roles of International Courts and Tribunals: Enforcement, Dispute Settlement, Constitutional and Administrative Review.” International Law and International Relations: Synthesizing Insights from Interdisciplinary Scholarship, edited by Jeffrey L. Dunoff and Mark A. Pollack. Cambridge University Press. 2013.

Kenneth AyottePROFESSOR OF LAW

“Legal Entities as Transferable Bundles of Contracts.” Michigan Law Review (with Henry Hansmann). 2013.

Esther S. BarronCLINICAL PROFESSOR OF LAW

Entrepreneurship Law: Cases and Materials (with Stephen F. Reed). Wolters Kluwer. 2013.

Robert W. BennettNATHANIEL L . NATHANSON PROFESSOR OF LAW

“Electoral College Reform at the State Level.” America Votes! A Guide to Modern Election Law and Voting Rights, 2nd ed., edited by Benjamin E. Grif�th. American Bar Association, Section of State and Local Government Law. 2012.

“Tensions in Melding Democracy and Judicial Review.” Annuario di Diritto Comparato e di Studi Legislativi. 2012.

Bernard BlackNICHOLAS D. CHABRA JA PROFESSOR OF LAW AND BUSINESS

“Delaware Corporate Litigation and the Fragmentation of the Plaintiff’s Bar.” Columbia Business Law Review (with Brian Chef�ns and John Armour). 2012.

“Delaware’s Balancing Act.” Indiana Law Review (with John Armour and Brian Chef�ns). 2012.

“Equity Decoupling and Empty Voting: The TELUS Zero-Premium Share Swap.” M&A Lawyer. 2012.

“How Do the Elderly Fare in Medical Malpractice Litigation, Before and After Tort Reform? Evidence from Texas.” American Law and Economics Review (with Myungho Paik, David A. Hyman, William M. Sage, and Charles M. Silver). 2012.

“Is Delaware Losing Its Cases?” Journal of Empirical Legal Studies (with John Armour and Brian Chef�ns). 2012.

“Public Reporting of Hospital Infection Rates: Not All Change Is Progress.” Jurimetrics (with David A. Hyman). 2013.

“Public Reporting of Hospital Infection Rates: Ranking the States on Report and Website Content, Credibility, and Usability.” Studies in Health Technology and Information (Proceedings of 2013 Conference on Information Technology and Communications in Health) (with Ava Amini, David W. Birnbaum, and David A. Hyman). 2013.

“Tension between Quality Measurement, Public Quality Reporting, and Pay for Performance.” JAMA (with Steven A. Farmer and Robert O. Bonow). 2013.

Deborah L. BormanCLINICAL ASSISTANT PROFESSOR OF LAW

“Freeze! Using Theatre Improvisation Techniques to Practice Oral Argument.” Law Teacher (with Dana Hill). 2012.

“The Unfortunate Story Exercise: Recognizing a Diversity of Student Experience.” Law Teacher. 2012.

Thomas J. BrennanPROFESSOR OF LAW

“Do Labyrinthine Legal Limits on Leverage Lessen the Likelihood of Losses? An Analytical Framework.” Texas Law Review (with Andrew W. Lo). 2012.

Faculty Publications The Northwestern Law faculty produces world-class scholarship on a diverse range of legal issues. The following is a selection of scholarly works by residential faculty published between July 1, 2012, and June 30, 2013.


FACULT Y FOCUS

“An Evolutionary Model of Bounded Rationality and Intelligence.” Plos One (with Andrew W. Lo). 2012.

Robert P. BurnsPROFESSOR OF LAW

“Advocacy in the Era of the Vanishing Trial.” University of Kansas Law Review. 2013.

“What Will We Lose If the Trial Vanishes?” Defense Law Journal. 2012.

Steven G. CalabresiCLAY TON J. AND HENRY R. BARBER PROFESSOR OF LAW

“The Constitution and Disdain.” Harvard Law Review Online Forum. 2012.

“Monopolies and the Constitution: A History of Crony Capitalism.” Harvard Journal of Law and Public Policy (with Larissa C. Leibowitz). 2013.

“Originalism and Loving v. Virginia.” Brigham Young University Law Review (with Andrea Matthews). 2012.

“The Rise and Fall of the Separation of Powers.” Northwestern University Law Review (with Mark E. Berghausen and Skylar Albertson). 2012.

“Showcase Panel IV, The Federalist Society 2012 National Lawyers Convention: An Examination of Substantive Due Process and Judicial Activism.” Texas Review of Law and Politics. 2013.

“State Bills of Rights in 1787 and 1791: What Individual Rights Are Really Deeply Rooted in American History and Tradition?” Southern California Law Review (with Sarah E. Agudo and Kathryn L. Dore). 2012.

“Tribute to Justice John Paul Stevens.” Northwestern University Law Review. 2012.

David L. CameronPROFESSOR OF PRACT ICE, ASSOCIATE DIRECTOR, TAX PROGRAM

Federal Taxation of Property Transactions (with Elliott Manning). LexisNexis. 2012.

“Where’s the Treaty Argument?” Tax Notes. 2013. (Reprinted in Tax Notes International. 2013.)

David DanaKIRKLAND & ELL IS PROFESSOR OF LAW

“The Case For an Information-Forcing Regulatory De�nition of ‘Nanomaterials.’” Pace Environmental Law Review. 2013.

“One Green America: Continuities And Discontinuities In Environmental Federalism In The United States.” Fordham Environmental Law Review. 2013.

Shari Seidman DiamondHOWARD J. TRIENENS PROFESSOR OF LAW

“Control Foundations: Rationales and Approaches.” Trademark and Deceptive Advertising Surveys. American Bar Association, Section of Intellectual Property Law. 2012.

“Does Criminal Diversion Contribute to the Vanishing Civil Trial?” DePaul Law Review (with John B. Meixner). 2013.

“Internet Surveys for Evaluating Trademark Infringement and Deceptive Advertising.” Trademark and Deceptive Advertising Surveys (with Roger Tourangeau). American Bar Association, Section of Intellectual Property Law. 2012.

“The ‘Kettleful of Law’ in Real Jury Deliberations: Successes, Failures, and Next Steps.” Northwestern University Law Review (with Beth Murphy and Mary R. Rose). 2012.

“Surveys in Dilution Cases II.” Trademark and Deceptive Advertising Surveys. American Bar Association, Section of Intellectual Property Law. 2012.

Peter DiColaASSOCIATE PROFESSOR OF LAW

“An Information-Gathering Approach to Copyright Policy.” Cardozo Law Review (with Matthew Sag). 2012.

“Money from Music: Survey Evidence on Musicians’ Revenue and Lessons about Copyright Incentives.” Arizona Law Review. 2013.

Steven A. DrizinCLINICAL PROFESSOR OF LAW

Reducing Risks: An Executive’s Guide to Effective Juvenile Interview and Interrogation (with

Laura Nirider and Joshua Tepfer). International Association of Chiefs of Police/Of�ce of Juvenile Justice and Delinquency Prevention, US Department of Justice. 2012.

Joshua B. FischmanASSOCIATE PROFESSOR OF LAW

“Interpreting Circuit Court Voting Patterns: A Social Interactions Framework.” Journal of Law, Economics, and Organization. 2013.

“Racial Disparities under the Federal Sentencing Guidelines: The Role of Judicial Discretion and Mandatory Minimums.” Journal of Empirical Legal Studies (with Max M. Schanzenbach). 2012.

Alison R. FlaumCLINICAL ASSOCIATE PROFESSOR OF LAW

“Transfer of Jurisdiction.” Illinois Juvenile Law and Practice, edited by Lawrence Schlam. Illinois Institute for Continuing Legal Education. 2013.

Daniel GandertLECTURER

“The Intersection of Women’s Olympic Sport and Intersex Athletes: A Long and Winding Road.” Indiana Law Review (with Alfred Bae, Timothy Woerner, and Teresa Meece). 2013.

Thomas F. GeraghtyCLASS OF 1967 JAMES B. HADDAD PROFESSOR OF LAW

“A Tribute to Louise McKinney.” Case Western Reserve Law Review. 2012.

Stephen B. GoldbergPROFESSOR OF LAW EMERITUS

Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, 6th ed. (with Frank E. A. Sander, Nancy H. Rogers, and Sarah R. Cole). Aspen. 2012.

David D. HaddockPROFESSOR OF LAW

“League Structure and Stadium Rent Seeking—The Role of Antitrust Revisited.” Florida Law Review (with Tonja Jacobi and Matthew Sag). 2013.

FALL 2013 | 41

Dana HillCLINICAL ASSISTANT PROFESSOR OF LAW

“Freeze! Using Theatre Improvisation Techniques to Practice Oral Argument.” Law Teacher (with Deborah L. Borman). 2012.

Tonja JacobiPROFESSOR OF LAW

“League Structure and Stadium Rent Seeking—The Role of Antitrust Revisited.” Florida Law Review (with David Haddock and Matthew Sag). 2013.

Emily KadensPROFESSOR OF LAW

“Custom’s Two Bodies.” Center and Periphery: Studies on Power in the Medieval World in Honor of William Chester Jordan, edited by Katherine L. Jansen, G. Geltner, and Anne E. Lester. Brill. 2013.

“How Customary Is Customary International Law?” William and Mary Law Review (with Ernest A. Young). 2013.

“Introduction: Lessons from the History of Custom.” Texas International Law Journal. 2013

“Myth of the Customary Law Merchant.” Texas Law Review. 2012.

Joshua Seth KleinfeldASSISTANT PROFESSOR OF LAW

“Linguistic Confusion in Court: Evidence from the Forensic Sciences.” Journal of Law and Policy. 2013.

“A Theory of Criminal Victimization.” Stanford Law Review. 2013.

Jonathan KoehlerBEATRICE KUHN PROFESSOR OF LAW

“Pro�ciency Tests to Estimate Error Rates in the Forensic Sciences.” Law, Probability and Risk. 2013.

Eugene KontorovichPROFESSOR OF LAW

“Discretion, Delegation, and De�ning in the Constitution’s Law of Nations Clause.” Northwestern University Law Review. 2012.

“Piracy.” National Security Law in the News: A Guide for Journalists, Scholars and Policymakers, edited by Paul Rosenzweig, Timothy J. McNulty, and Ellen Shearer. American Bar Association/Northwestern University Medill School of Journalism. 2012.

Andrew KoppelmanJOHN PAUL STEVENS PROFESSOR OF LAW

“And I Don’t Care What It Is: Religious Neutrality in American Law.” Pepperdine Law Review. 2013.

Defending American Religious Neutrality. Harvard University Press. 2013.

“Justice Stevens, Religious Enthusiast.” Northwestern University Law Review. 2012.

“‘Necessary,’ ‘Proper,’ and Health Care Reform.” The Health Care Case: The Supreme Court’s Decision and Its Implications, edited by Nathaniel Persily, Gillian E. Metzger, and Trevor W. Morrison. Oxford University Press. 2013.

“Originalism, Abortion, and the Thirteenth Amendment.” Columbia Law Review. 2012.

“Respect and Contempt in Constitutional Law, or, Is Jack Balkin Heartbreaking?” Maryland Law Review. 2012.

The Tough Luck Constitution and the Assault on Health Care Reform. Oxford University Press. 2013.

“Veil of Ignorance: Tunnel Constructivism in Free Speech Theory.” Northwestern University Law Review. 2013.

Katherine LitvakPROFESSOR OF LAW

“Does Reputation Limit Opportunistic Behavior in the VC Industry? Evidence from Litigation against VCs.” Journal of Finance. 2012.

Steven LubetEDNA B. AND EDNYFED H. WILL IAMS MEMORIAL PROFESSOR OF LAW

“Clarence Darrow, Neuroscientist: What Trial Lawyers Can Learn from Decision Science.” American Journal of Trial Advocacy (with Sara Whitaker). 2012.

“Escape from Harper’s Ferry.” North and South. 2012.

“Execution in Virginia, 1859: The Trials of Green and Copeland.” North Carolina Law Review. 2013.

John Brown’s Spy: The Adventurous Life and Tragic Confession of John E. Cook. Yale University Press. 2012.

Judicial Conduct and Ethics, 5th ed. (with Jeffrey M. Shaman and James J. Al�ni). LexisNexis. 2013.

Joseph MarguliesPROFESSOR OF PRACT ICE

“Republican Virtue and Expert Discourse: A Response to Professor Rana.” Connecticut Law Review (with Luke Herrine). 2012.

BY MAR T IN H . REDISHStanford University Press, 2013

“‘Adversary democracy’ is a democratic theory that acknowledges that disagreement characterizes collective self-government in a heterogeneous society and that values democracy precisely for the autonomy it provides the individual in this setting of con�ict. It is adversarial in the descriptive sense because it recognizes that individuals’ con�icting interests will always divide a heteroge-neous society and, to varying degrees, a�ect individuals’ partici-pation in self-government. Adversary democracy recognizes that, in a large and diverse society, the notion of a consensus form of democratic decision making in which the collective cooperatively seeks to advance the ‘common good’ is unrealistic at best and manipulative at worst. �is form of democracy is adversarial in the normative sense because it recognizes democracy as a system of collective self-government that manages con�ict—and thus protects and facilitates individual autonomy—by institutional-izing it as a normal part of democratic life.

Cooperative theories of democracy either unrealistically assume individuals will ignore their own self-interest or personal

Martin H. Redish is the Louis and Harriet Ancel Professor of Law and Public Policy

BOOK EXCERPT

The Adversary First Amendment: Free Expression and the Foundations of American Democracy


FACULT Y FOCUS

What Changed When Everything Changed: 9/11 and the Making of National Identity. Yale University Press. 2013.

John O. McGinnisGEORGE C. DIX PROFESSOR IN CONST ITUT IONAL LAW

Accelerating Democracy: Transforming Governance Through Technology. Princeton University Press. 2013.

Originalism and the Good Constitution (with M. Rappaport). Harvard University Press. 2013.

Kathleen Dillon NarkoCLINICAL ASSOCIATE PROFESSOR OF LAW

“Plain Language Pays.” CBA Record. 2012.

Laura H. NiriderCLINICAL ASSISTANT PROFESSOR OF LAW

“Investigative Strategies in Confession Cases.” Children’s Rights Litigation, American Bar Association, Section of Litigation. 2012.

Reducing Risks: An Executive’s Guide to Effective Juvenile Interview and Interrogation (with

Joshua Tepfer and Steven A. Drizin). International Association of Chiefs of Police/Of�ce of Juvenile Justice and Delinquency Prevention, US Department of Justice. 2012.

Jide NzelibePROFESSOR OF LAW

“Our Partisan Foreign Affairs Constitution.” Minnesota Law Review. 2013.

Laura Pedraza-FariñaASSISTANT PROFESSOR OF LAW

“Conceptions of Civil Society in International Law-Making and Implementation: A Theoretical Framework.” Michigan Journal of International Law. 2013.

“Patent Law and the Sociology of Innovation.” Wisconsin Law Review. 2013.

James E. PfanderOWEN L. COON PROFESSOR OF LAW

“The Chief Justice, the Appointment of Inferior Of�cers, and the ‘Court of Law’ Requirement.” Northwestern University Law Review. 2013.

Civil Procedure: A Modern Approach, 6th ed. (with Martin H. Redish, Richard L. Marcus, and Edward F. Sherman). West. 2013.

“Preface: Martin H. Redish Festschrift.” Northwestern University Law Review. 2013.

“Response: W(h)ither Bivens?” University of Pennsylvania Law Review Online. 2013.

Philip F. PostlewaitePROFESSOR OF LAW

Partnership Taxation: Cases, Materials, and Problems, 2012–13 ed. (with Robert Wootton). Warren, Gorham and Lamont. 2012.

Problems and Materials in Federal Income Taxation, 8th ed. (with Sanford M. Guerin and Adam H. Rosenzweig). Wolters Kluwer. 2013.

Stephen B. PresserRAOUL BERGER PROFESSOR OF LEGAL HISTORY

“American Exceptionalism or Settler Society? Towards Post-Imperialism.” Reviews in American History. 2012.

ideology to pursue a common good or assume that democratic pro-cesses can resolve con�ict by somehow forging a common will.

Adversary democracy institutionalizes and thus tempers con�ict in two ways. First, it grants individuals equal power to a�ect the outcome of collective decision making by virtue of their power to vote. In this sense, adversary democracy understands democracy as an ex ante agreement among potential opponents to resolve dis-putes as merely adversaries, rather than mortal enemies. �e value of democracy from this perspective is simultaneously individuals’ power to seek to implement their preferences and their security from domination even when they are in the minority.

�e theory is ‘adversarial’ because it recognizes that democratic decision making involves a contest between individuals who each possess power to a�ect its outcome. �e individual’s power to vote, in and of itself, does not automatically constitute the power to institutionalize and enforce his preferences. Nevertheless, he possesses the ability to join with others having shared interests and ideologies to in�uence public opinion and shape the outcome of collective decisions by in�uencing the votes of other individuals. �e relationship is adversarial, rather than cooperative, because it acknowledges that collective decision making will inevitably pro-duce winners and losers.

Acceptance of the premises of adversary democracy has impor-tant implications for the scope of the theory of free expression. Free speech theorists are correct in positing a symbiotic intersection

between democracy and free expression. Recognition of both the normative and empirical superiority of the adver-sary model of democracy, however, suggests that the First Amendment’s domain extends sig-ni�cantly further than prior free speech theories would permit.

�e adversary theory of free expression pro-tects and even values the promotion of self-interest. It does so in part for the practical reason that self-interest creates an incentive for speech that facilitates democratic decision making. And it does so also on the basis of the recognition that the collective decision making process may ignore the individual’s interest entirely unless the indi-vidual represents it himself. But, more fundamentally, it does so for the theoretical reason that autonomy requires that individuals have the freedom to decide how they want to govern themselves and how they want to engage in the process of collective decision making.” n

FALL 2013 | 43

BY JOSEPH MARGUL IESYale University Press, 2013

“�e ideals that make up national identity are not �xed stars in an unchanging sky but immensely power-ful symbols that are manipulated and rede�ned to justify competing social arrangements. �ey are verbal weapons in a continual struggle to make one or another vision of national life dominant in the public square. National identity is what we make of it.

And what have we made of it since 9/11? What I found was not at all what I expected. I had imagined at the start of my research that September 11 would have thrown us from our true path and that the long decade since then would have been spent in a struggle to �nd our way back. �e book, as I originally imagined it, would be an attempt to map our present location and point the way home. All of this re�ects the conventional wisdom about the American response to crisis—we are supposedly tossed o� course, do foolish things

because we’ve lost our bearings, and eventually return to normal, chastened if not much wiser. I call this the myth of deviation and redemption.

Perhaps this myth is an accurate description of the response to other traumatic events in American his-tory, but it certainly does not describe the course of history since September 11. �e most striking feature of the immediate reaction to that day is not the extent to which the nation lost its way but the great extent to which it resolved not to do so. �e attacks were instantly cast as a challenge to our shared values, which was taken to mean the values as they were understood at the time. �is led to a widely shared insistence that those values should remain unchanged. It was not until years later that the impulse to change our national identity took hold.

What’s more, the preference for draconian policies was not some spontaneous and uncontrollable reaction to September 11. At the moment of greatest perceived

Joseph Margulies is a Professor of Practice

BOOK EXCERPT

What Changed When Everything Changed: 9/11 and the Making of National Identity

“Another Return to ‘First Principles.’” Ohio Northern University Law Review. 2012.

“A Candle in the Darkness” (review of Antonin Scalia and Bryan Garner’s Reading Law: The Interpretation of Legal Texts). University Bookman. 2012.

Law and Jurisprudence in American History, 8th ed. (with Jamil Zainaldin). West. 2013.

Piercing the Corporate Veil, 2012 and 2013 eds. West. 2012, 2013.

Martin H. RedishLOUIS AND HARRIE T ANCEL PROFESSOR OF LAW AND PUBLIC POLICY

The Adversary First Amendment: Free Expression and the Foundations of American Democracy. Stanford University Press. 2013.

“The Allocation of Discovery Costs and the Foundations of Modern Procedure.” The American Illness: Essays on the Rule of Law, edited by F. H. Buckley. Yale University Press. 2013.

Civil Procedure: A Modern Approach, 6th ed. (with James E. Pfander, Richard L. Marcus, and Edward F. Sherman). West. 2013.

“Judicial Review, Constitutional Interpretation, and the Democratic Dilemma: Proposing a ‘Controlled

Activism’ Alternative.” Florida Law Review (with Matthew B. Arnould). 2012.

“Pleading, Discovery, and the Federal Rules: Exploring the Foundations of Modern Procedure.” Florida Law Review. 2012.

Stephen F. ReedCLINICAL PROFESSOR OF LAW

Entrepreneurship Law: Cases and Materials (with Esther S. Barron). Wolters Kluwer. 2013.

Daniel B. RodriguezDEAN AND HAROLD WASHINGTON PROFESSOR

“Cheap, Easy, or Connected: The Conditions for Creating Group Coordination.” Southern California Law Review (with Mathew D. McCubbins and Nicholas Weller). 2013.

Max SchanzenbachPROFESSOR OF LAW

“The Impact of Tort Reform on Employer-Sponsored Health Insurance Premiums.” Journal of Law, Economics, and Organization (with Ronen Avraham and Leemore S. Dafny). 2012.

“Racial Disparities under the Federal Sentencing Guidelines: The Role of Judicial Discretion and

Mandatory Minimums.” Journal of Empirical Legal Studies (with Joshua B. Fischman). 2012.

David SchefferMAYER BROWN/ROBERT A. HELMAN PROFESSOR OF LAW

“America’s Embrace of the International Criminal Court.” Jurist Forum. 2012.

“Chasing Leadership Impunity: The Rapid Evolution of International Criminal Law.” Chapman Law Review. 2013.

“El Signi�cado y la Activación del Crimen de Agresión Bajo el Estatuto de Roma de la Corte Penal Internacional.” Politica Criminal. 2012.

“Tribunal In�uence in Recent U.S. Jurisprudence on Corporate Liability for Atrocity Crimes.” Proceedings of the Fifth International Humanitarian Law Dialogs, edited by Elizabeth Andersen and David M. Crane. American Society of International Law. 2012.

David M. ShapiroCLINICAL ASSISTANT PROFESSOR OF LAW

“How Terror Transformed Federal Prison: Communication Management Units.” Columbia Human Rights Law Review. 2012.


FACULT Y FOCUS

Kristen A. StiltHARRY R. HORROW PROFESSOR IN INTERNAT IONAL LAW

“The End of ‘One Hand’: The Egyptian Constitutional Declaration and the Rift between the ‘People’ and the Supreme Council of the Armed Forces.” 16 Yearbook of Islamic and Middle Eastern Law. 2013.

Joshua A. TepferCLINICAL ASSISTANT PROFESSOR OF LAW

Reducing Risks: An Executive’s Guide to Effective Juvenile Interview and Interrogation (with Laura Nirider and Steven Drizin). International Association of Chiefs of Police/Of�ce of Juvenile Justice and Delinquency Prevention, US Department of Justice. 2012.

“The United States Supreme Court Adopts a Reasonable Juvenile Standard in J.D.B. v. North Carolina for Purposes of the Miranda Custody Analysis: Can a More Reasoned Justice System for Juveniles Be Far Behind?” Harvard Civil Rights–Civil Liberties Law Review. 2013.

Emerson H. TillerJ. LANDIS MART IN PROFESSOR OF LAW AND BUSINESS

“Federal Circuit Patent Precedent: An Empirical Study of Institutional Authority and Intellectual Property Ideology.” Wisconsin Law Review (with David R. Pekarek Krohn). 2012.

“Patent Litigation and the Internet.” Stanford Technology Law Journal (with John Allison, Tristan Bligh, and Samantha Zyontz). 2012.

Cynthia WilsonCLINICAL ASSOCIATE PROFESSOR OF LAW

“Funding for Summer Public Interest Work.” Law School Guide to Public Interest Careers. National Association of Law Placement. 2012.

Robert WoottonSENIOR LECTURER

Partnership Taxation: Cases, Materials, and Problems, 2012–13 ed. (with Philip F. Postlewaite). Warren, Gorham and Lamont. 2012.

Kimberly A. YurackoSTANFORD CL INTON SR. AND Z YLPHA K ILBRIDE CL INTON RESEARCH PROFESSOR OF LAW

“Soul of a Woman: The Sex Stereotyping Prohibition at Work.” University of Pennsylvania Law Review. 2013.

threat, when fear of another attack was at its peak, favorable attitudes toward Muslims and Islam were at record highs throughout all seg-ments of the population, the suggestion that America might torture suspects in custody was mocked and ridiculed in the public square, and many of the counterterror policies pursued by the Bush administration were met with wide-spread opposition.

Today, by contrast, tens of millions of Americans denounce Islam in the most incen-diary terms, more than half the population accepts the idea of torture, and counterterror policies that President Bush apparently never dreamed of have been codi�ed into law. Again and again, an initial determination within society to preserve national identity has been replaced by a determination to transform it. Still more surprisingly, these repressive attitudes have taken hold even though the threat from transnational jihad in general and al Qaeda in particular has diminished signi�cantly.

My goal in the book is to explain how all this came to pass.” n

Helene S. ShapoPROFESSOR OF LAW EMERITA

The Law of Trusts and Trustees, rev. 3rd ed., vol. 3 (with George Bogert). West. 2013.

Writing and Analysis in the Law, 6th ed. (with Marilyn R. Walter and Elizabeth Fajans). Foundation Press. 2013.

Marshall S. ShapoFREDERIC P. VOSE PROFESSOR OF LAW

Shapo on the Law of Products Liability. Wolters Kluwer. 2013.

Jeffrey Shef�eldSENIOR LECTURER

“Property’s Perspective (or of Whom to Be Jealous).” University of Pennsylvania Law Review Online. 2013.

“Spin-offs, Corporate Capital Structure, and Disguised Sales.” Taxes—The Tax Magazine. 2013.

Carole SilverPROFESSOR OF GLOBAL LAW AND PRACT ICE

“Getting Real about Globalization and Legal Education: Potential and Perspectives for the U.S.” Law and Policy Review. 2013.

“States Side Story: Career Paths of International LLM Students, or ‘I Like to Be in America.’” Fordham Law Review. 2012.

James B. SpetaCLASS OF 1940 RESEARCH PROFESSOR OF LAW

“Supervising Discrimination: Re�ections of the Interstate Commerce Act in the Broadband Debate.” Marquette Law Review. 2012.

Telecommunications Law and Policy, 3rd ed. (with S. Benjamin, H. Shelanski, and P. Weiser). Carolina Academic Press. 2012.

Matthew SpitzerHOWARD AND EL IZABETH CHAPMAN PROFESSOR

“Left, Right, and Center: Strategic Information Acquisition and Diversity in Judicial Panels.” The Journal of Law, Economics, & Organization. 2013

Daniel F. SpulberPROFESSOR OF LAW (BY COURTESY )

“Competing Inventors and the Incentive to Invent.” Industrial and Corporate Change. 2012.

“Tacit Knowledge with Innovative Entrepreneurship.” International Journal of Industrial Organization. 2012.

FALL 2013 | 45

Castillo Named Chief Judge for Northern District of IllinoisNorthwestern Law alumnus and adjunct profes-sor Ruben Castillo (JD ’79) was sworn in as the chief judge of the US District Court for the Northern District of Illinois on July 1.

�e �rst Latino to hold the post, Castillo succeeds James Holderman, whose seven-year term ended this summer. As chief judge, Castillo serves as the top administrator of the third-largest federal court district in the country; his expanded responsibilities include overseeing grand jury issues and requests for wiretaps and other surveillance by prosecutors.

“�ese are challenging times to attempt to represent our courts’ public service interests, given our country’s national budgetary crisis,” said Castillo. “I am pleased to follow in the great tradition of other Northwestern Law graduates who have served as chief judge of our district, including Marvin E. Aspen and John F. Grady.”

Castillo became the �rst Latino federal judge in the state in 1994, nominated by President Clinton to a seat on the US District Court for the Northern District of Illinois. He had previously worked in private practice and was assistant US attorney for the

Northern District of Illinois and director and regional counsel for the Chicago o�ce of the Mexican American Legal Defense and Educational Fund.

Castillo teaches Introduction to Trial Advocacy at Northwestern Law. He was voted “outstanding adjunct professor” by the student body in 2010. Castillo also serves on the advisory board for the Bluhm Legal Clinic. n

Second 2010 Graduate to Clerk for Justice ScaliaJudd Stone (JD ’10) will clerk for Associate Justice Antonin Scalia for the 2014 Supreme Court term.

Currently an Olin-Searle Smith Fellow at Harvard University, Stone previously clerked for Edith Jones, former chief judge of the US Court of Appeals for the Fi�h Circuit, and for Justice Daniel Winfree of the Alaska Supreme Court.

“�ere were so many quali�ed candidates; it is incredibly humbling and exciting to be chosen for this clerkship,” said Stone.

“�e entire Northwestern Law community has been so generous with its time and resources, for which I am really grateful.” He thanked in particular his friend and former classmate Kevin King (JD ’10), who is currently serving as a clerk for Scalia, and professors Steven Calabresi, Eugene

Kontorovich, and Erin Delaney for provid-ing references, advice, and encouragement during the application process.

While a student at Northwestern Law, Stone was involved in the Federalist Society, served as an editor of the Northwestern University Law Review, and participated in the Owen L. Coon/James A. Rahl Senior Research Program.

“Judd marks the fourth Northwestern Law graduate in three consecutive class years to serve as a Supreme Court clerk,” said Dean Daniel B. Rodriguez. “�ese tell-ing statistics speak to the caliber of students here at Northwestern Law and the quality of education they receive.” Besides Stone and King, recent Supreme Court clerks include Abby Mollen (JD ’08) and Kenton Skarin (JD ’09). n

Judge Ruben Castillo (JD ’79)

Judd Stone (JD ’10)


ALUMNI NEWS

Recent Graduate Wins Legal Writing AwardTimothy Fry (JD ’13) was honored in June with a 2013 Burton Award for Legal Achievement. �e national awards program, run by the Burton Foundation in partnership with the Library of Congress, rewards achievements in law, with an emphasis on writing and reform.

Fry’s article “Prosecutorial Training Wheels: Ginsburg’s Connick v. �ompson Dissent and the Training Imperative” was a winner in the distinguished legal writing category. �e piece was originally published in Northwestern Law’s Journal on Criminal Law and Criminology.

Northwestern Law administrators nominated Fry a�er soliciting recommendations from the school’s six student- edited journals. According to dean of students Cli� Zimmerman, JCLC editor-in-chief Jess Notebaert (JD ’13)

“enthusiastically recommended” Fry for the honor.Fry received his award at the 14th annual Burton Awards

program and gala held at the Library of Congress in Washington, DC.

Established in 1999 by William C. Burton, a partner at Sagat Burton in New York and the author of Burton’s Legal �esaurus, the Burton Awards and the Burton Foundation

were created to reward attorneys and law students for e�ective legal writing. �e awards program honors 30 part-ners and counsel from the nation’s 1,000 largest law �rms as well as 15 of the best student writers from law schools across the country. n

Pop Star Alumna Recalls Law School Life in New MemoirWhen Soeun Nikole Lee (JD ’12) came to the United States to study law at Northwestern in 2009, she le� behind more than a decade of inter-national fame as a pop star in Korea, trading in tours, television appearances, and interviews for study sessions, papers, and late-night reading.

She chronicles her winding journey in the book Soeun Lee Goes to Law School, which discusses her hardships and joys as she embarked on a major life transition in a new country.

“Writing this book was like therapy for me,” says Lee, now a junior associate at Cohen & Gresser in New York. “I was able to be honest and raw about particularly di�cult and exciting moments for me as a new law student in a foreign country.” Being immersed in a new country, culture, and professional environment; learning new laws and social constructs; training herself to study; and failing and succeeding on exams, memos, and papers are among the experiences she shares with readers in the memoir.

�ough at �rst she struggled to feel at home, she did �nd a network of support in classmates and professors at the Law School. Professor Len Rubinowitz’s �rst-year criminal law class was one of her favorites, and she found Rubinowitz to be a source of encouragement during her �rst year and beyond.

“Professor Len understood us. He delivered the message that we already had the ability to study law regardless of our backgrounds,” said Lee. “I was deeply impressed by him because he listened carefully to our opinions and made us believe in our potential.”

As a student, Lee participated in the 2012 Willem C. Vis International Commercial Arbitration Moot in Vienna, where she received an honorable mention for best individual oralist and the Northwestern Law team secured an honorable mention for best memorandum for claimant. n

Timothy Fry (JD ’13)

The cover of the book by Soeun Nikole Lee (JD ’12), which was written and published in Korean. The English translation of the title is “Soeun Lee Goes to Law School.”

FALL 2013 | 47

LA Dodgers’ Mark Walter Addresses Graduates“�e only measure of success should be what we create, change, and inspire, big or small. Never quit; there is no failure except in quitting or not trying,” Mark R. Walter (JD ’85), chairman and controlling owner of the Los Angeles Dodgers, told the class of 2013 at the 153rd Law School graduation convocation May 17 at the Chicago �eatre.

�e keynote alumni speaker o�ered advice for success based on his long career in business. Walter is also chief executive o�cer and a member of the board and executive committee of Guggenheim Capital, a privately held �nancial services company.

“When I look out over this group I see a very bright future. You will

go on to do great things,” Walter told the graduates, who join a net-work of more than 13,000 Law School alumni.

Walter said it was at Northwestern Law that he gained the ability to succeed in business. “I can tell you today with complete con�dence that in every measure my success would not have happened without the training I received at this great law school,” he said. “[�e faculty] taught all of us to think—and to think for ourselves. We all learned to identify our legal arguments, to rigorously test and defend those arguments, and to evaluate and determine what we would need for the best outcome.” n

2013 CONVOCATION

Student Convocation Speakers

Jeffrey J. VanDam (JD ’13)Sergio Herrera (LLM ’13)

Student-Voted Faculty Awards

Outstanding Adjunct ProfessorSteven Elrod (JD ’82)

Outstanding First-Year Course ProfessorEmily Kadens

Outstanding Professor of a Small ClassAlyson Carrel

Outstanding LLM Tax ProfessorRobert R. Wootton

Robert Childres Memorial Award for Teaching Excellence

Dawn Clark Netsch (JD ’52) (posthumous)

Student Awards

Wigmore KeyTimothy J. Fry (JD ’13)

Leadership AwardMichael D. Lehrman (JD ’13)

Service AwardElizabeth Ann Sellers (JD ’13)

Legal Profession AwardNicholas K. Tygesson (JD ’13)

Courage AwardMartha O’Connor (JD ’13)


ALUMNI NEWS

FALL 2013 | 49

Jared Bartie: Finding a Niche in SportsAs a “decent” athlete in his youth, Jared Bartie (JD ’93) was a member of a nationally ranked high school basketball team that won a Massachusetts state championship. However, he knew that he wasn’t good enough to play big-time college ball or make it professionally, but still he “wanted to �nd a way to stay involved with sports.”

Bartie’s original goal in going to law school was to become a sports agent, but his two-decade career has taken him even further. He has developed a wide range of legal and busi-ness experience in the sports, entertainment, and media industries, working for Black Entertainment Television, the United States Tennis Association, the National Basketball Association, the Charlotte Bobcats, and World Wrestling Entertainment.

Bartie currently counsels sports, media, and entertainment clients in Arent Fox’s New York o�ce. While serving as chief administrative o�cer and general counsel of the Charlotte Bobcats, Bartie worked with Arent Fox to negotiate the team’s

arena naming rights deal as well as a media rights agreement. Several years later, Bartie joined Arent Fox.

As counsel in Arent Fox’s nationally recognized sports law practice group, he handles corporate transactions, represents professional sports teams and national governing bodies, and advises investors who want to acquire sports teams. �roughout his career, Bartie has counseled clients on mat-ters pertaining to naming rights and sponsorship transac-tions, media rights agreements, stadium bond �nancings,

arena and stadium operating agreements, ticketing arrangements, and front o�ce personnel, coach, and player agreements.

“I’ve been fortunate that my career has o�ered me a breadth of experiences within sports, media, and entertainment,” said Bartie. “I have never been one to limit myself and have

Alumni in Sports Northwestern Law has a long history of alumni making their livings in professional sports manage-

ment in various capacities, including as team owners, presidents, marketers, and talent evaluators.

Among the early ones was Kennesaw Landis (LM 1891), the �rst commissioner of organized

professional baseball. Other notable alumni in sports management include Jerry Reinsdorf (JD ’60),

owner and chair of both the Chicago Bulls and the Chicago White Sox; Eddie Einhorn (JD ’60), White

Sox vice chair; Mark Walter (JD ’85), chairman and controlling owner of the Los Angeles Dodgers;

and Irwin Mandel (JD ’67), the Bulls’ senior vice president of �nancial and legal affairs. Featured

here are other Law School graduates in the sports arena.

“It makes all the difference in the world to work in an area that is not only fun and interesting but that I am also passionate about.”

Jared Bartie (JD ’93)


ALUMNI NEWS

enjoyed working on a nice mix of legal and business matters within the various sectors.”

Within the sports and entertainment industries, Bartie has both professional and personal networks of Northwestern alumni, some of whom have been his friends since the �rst semester of law school. He also stays connected to the Law School by serving on the Northwestern Law Board and co-chairing the 20-year reunion. n

Jennifer Duberstein: For the Love of Law and SportsJennifer Duberstein (JD ’02) was inspired to return to school for a law degree a�er serving as a public relations intern in the sports division of Turner Broadcasting System. It was in this position that she realized that “having a law degree would help me to be more versatile in business, in turn positioning me as a key decision maker and giving me a seat at the table.”

Duberstein is now a business a�airs executive at CAA Sports, a division of the Creative Artists Agency. CAA Sports represents more than 800 of the world’s best athletes, coaches, on-air broadcasters, and sports personalities. �e company also works in the areas of broadcast rights, cor-porate marketing initiatives, and sports properties for sales and sponsorships. Based in the New York o�ce, Duberstein advises the agency’s sports executives and agents as well as clients on legal and business matters. Not only does she �nd

the work “challenging and rewarding,” it also ful�lls her long-time love for sports.

“I enjoy o�ering my expertise to help guide people on a daily basis,” said Duberstein. “Our goal is to make decisions easier for our clients by counseling them on all of the options that they are considering.”

Duberstein previously served as senior counsel for Major League Soccer and counsel for Time Warner Inc. She began her legal career in the sports division of Proskauer Rose LLP.

As a student at Northwestern Law, Duberstein was involved in “a little bit of everything” and considers her classmates—many with whom she has kept in touch—a highlight of her experience.

“To have such colleagues within the industry makes the experience more worthwhile and more rewarding,” said Duberstein. “�e caliber of Northwestern students is unri-valed, in my opinion. Not only are they intelligent and driven, but they are good people.” n

Hussain Naqi: Executing a PlanHussain Naqi (JD-MBA ’06) had a solid career in the sports industry before going to law school. He spent four years work-ing for the National Football League in a variety of positions prior to leaving in 2002 to serve as an assistant director of enforcement for the National Collegiate Athletic Association.

When Naqi decided to go to law school, it was with the goal “to dramatically steepen the trajectory of my career in sports

“I enjoy offering my expertise to help guide people on a daily basis. Our goal

is to make decisions easier for our clients by counseling them on all of the

options that they are considering.”Jennifer Duberstein (JD ’02)

FALL 2013 | 51

so I could be very deliberate in the path I took and jobs that I sought,” he said. Researching various law schools, he was sure that Northwestern’s JD-MBA program was the ticket to molding his ideal career.

Naqi is now senior vice president of fan management for the Jacksonville Jaguars football team. He is responsible for the team’s marketing and branding, which includes consumer research, tele-vision and radio rights strategy, advertising, and brand management, as well as managing the overall fan game day experience, includ-ing fan engagement activities, guest services security, and entertainment. He also oversees the team’s fan growth and marketing e�orts in the United Kingdom, as the Jaguars will play one home game a year in London for the next four years.

“It is my job to ensure that the fans not only have a great time but develop an investment in the Jaguars,” said Naqi.

“If you’re not a fan, it’s my job to make you a fan. If you are already a fan, it’s my job to make you a rabid fan.”

Naqi joined the Jaguars following four years with the New Meadowlands Stadium Company, where he served as

vice president of business planning and general coun-sel at MetLife Stadium, home of the New York Jets and New York Giants.

Northwestern Law developed Naqi’s interest in both the legal and the management aspects of professional sports, he said,

particularly a course taught by Professor James Speta that reviewed, among other things, intellectual property with respect to video sports broadcasts in the Internet age. His

Hussain Naqi (JD-MBA ’06)

“If you’re not a fan, it’s my job to make you a fan. If you are already a fan, it’s my

job to make you a rabid fan.”


ALUMNI NEWS

Rick Smith (JD ’86)

sports interests also extended to Kellogg where he developed a continuing education program for current and former NFL players to equip them with basic business skills during and a�er their playing careers.

Naqi took advantage of services o�ered through the Law School’s Center for Career Strategy to land a summer associ-ate position with Proskauer Rose LLP. Upon graduation, he joined the Executive Development Program with Major League Baseball and the New York Mets, serving two years in that capacity.

With professional experience in both law and business, Naqi appreciates the versatility of his JD-MBA degree and has found it to be an asset in shaping a well-rounded career.

“I had a vision of what I wanted for my career, and I was fortunate to �nd it,” said Naqi. “It’s incredibly gratifying, and I certainly don’t take for granted how lucky I am to do some-thing that I am passionate about.” n

Rick Smith: Doing What He LovesAs a student at Northwestern Law, Rick Smith (JD ’86) organized the annual NCAA basketball tournament pool and spent a considerable amount of time in the atrium talk-ing the latest trades, conference standings, and tournament brackets with Professor Martin Redish.

Smith has since combined his law studies and his main interest, sports, into a lucrative career. As a founding partner, agent, and head of the football division at Priority Sports, a full-service sports management �rm, Smith is involved in all

aspects of client representation and business operations. He negotiates contracts, reviews legal documents concerning team endorsements and personal contracts, handles player con�icts, and manages administrative relationships.

“I’ve really been very fortunate because every day I’m doing something that I really love,” said Smith. “�e ability to bring a unique analytical perspective to client representation is something that keeps me coming back day a�er day.”

Smith’s good fortune of working in sports law didn’t happen immediately a�er graduation, however. His �rst job out of law school was as a real estate attorney at Co�eld, Ungaretti, Harris and Slavin. His sports career “happened

by chance” because a friend from Northwestern, Mark Bartelstein, started Priority Sports, representing basketball and football players. A�er doing some legal work with the company, Smith joined Priority Sports full-time in 1995 and now represents about 90 players.

“Learning the nuances of the sports and, speci�cally, football worlds really was a switch,” said Smith. “Once I got that down and developed key relationships within the NFL, my legal backing helped me with negotiations and the analytical aspects of the position.”

Smith found that courses in constitutional law, antitrust, contacts, and negotiation and mediation are useful in the sports legal arena.

“While I did not set out to have a career in sports law, Northwestern provided me with a solid understanding of the law that has helped with my success,” said Smith. “I hope that sports law will gain a stronghold in law schools in the coming years.” n

“The ability to bring a unique analytical perspective to client representation is something that keeps me

coming back day after day.”

FALL 2013 | 53

Andrew Stroth (JD ’99)

“The ultimate goal is to build athletes into brands beyond sports, which

will ensure �nancial and professional longevity long after they retire.”

Andrew Stroth: Building a BrandAndrew Stroth (JD ’99) was already running Impact Talent Associates, his sports management and entertainment �rm, when he decided to go law school because “something was missing.”

“Once I started my �rm, I noticed that the most accom-plished agents were lawyers by training,” said Stroth. “It was then that I knew I was lacking in the skills necessary to best represent my clients.”

A law degree raised his pro�le with clients and improved the quality of his service, Stroth said. Over the years, Stroth has represented NFL quarterbacks Donovan McNabb and Michael Vick, former Bears coach Lovie Smith, Bears wide receiver Brandon Marshall, Miami Heat superstar Dwyane Wade, and others.

�e ultimate goal, said Stroth, is to “build athletes into brands beyond sports, which will ensure �nancial and profes-sional longevity long a�er they retire. With our strategic plan, we built Dwyane Wade into a global brand and negotiated several multiyear endorsement contracts.”

Stroth took on Vick when the disgraced quarterback returned to the National Football League from a 21-month

prison stint for his part in an illegal interstate dog-�ghting ring. Vick was not exactly a fan favorite, but Stroth believed he deserved a second chance. Stroth worked to rebuild Vick’s brand as a player by regaining lost endorsement deals. In July 2011 Stroth negotiated a multiyear endorsement deal with Nike for Vick.

“When we decided to represent Michael Vick a�er prison, I knew it would be a major challenge, considering his reputa-tion and past,” said Stroth. “But I wanted to help him because he served his time and everyone deserves redemption.”

Stroth also works with corporations to sign athletes for endorsement deals in exchange for equity positions in the company. Stroth negotiated McNabb’s partnership with Vitamin Water prior to the acquisition by Coca Cola. Stroth also represented Fuse Science, a publicly traded company based in Miami and led the negotiations to sign a partner-ship with golfer Tiger Woods, who was also emerging from a scandal. “We want to innovate in the sports industry and negotiate partnerships for athletes in exchange for equity positions in growth companies.”

Besides his own �rm, Stroth is of counsel to the commer-cial practice group at Handler �ayer, negotiating contracts, endorsements, licensing deals, and business partnerships.

Stroth worked in the Bluhm Legal Clinic’s Children and Family Justice Center when he was a Northwestern student. �e example of Larry Marshall (JD ’85), founder of the Center on Wrongful Convictions, was a factor that motivated Stroth to work in negotiation and mediation. “It was inspiring to see someone work with so much dedication and passion,” he said. Stroth was an adjunct professor with Bluhm’s Center on

Negotiation and Mediation from 2005 to 2008 and frequently visits the school to lecture to students in the Negotiations program and participate in panel discussions.

Stroth fondly recalls another moment at Northwestern Law. “In 1997, we invited Illinois Senator Barack Obama to speak at the Law School. To this day, students still remember his inspiring speech at Lincoln Hall.” n


ALUMNI NEWS

Dean Rodriguez Visits ChinaNorthwestern Law alumni and recently admitted students gathered in Shanghai in June for a reception with Dean Daniel B. Rodriguez at CHAR restaurant and bar, located in the Hotel Indigo Shanghai on the Bund. Over sweeping views of the Bund and Pudong’s brightly lit skyline, alumni also enjoyed an exclusive dinner in the dining room. Northwestern Law faculty members Leslie Oster and James Speta also attended the event, as well as sta� members Juliann Cecchi, assistant dean of external partnerships, and Julie Chin, director of alumni relations. n

FALL 2013 | 55

R I S I N G S T O C K M A R K E T G O T YO U D O W N?

In anticipation of their 50th reunion, members of the class of 1963 met with Dean Rodriguez to learn about his current initiatives. Attendees included (back row, left to right) Harvey Lapin, William Domm, Dean Daniel B. Rodriguez, (front row, left to right) Hon. Joel Flaum, former US congresswoman Judy Biggert, Eugene Kelley, and J. Philip Kirk Jr. The 50th and all other reunions will be celebrated during All Alumni Weekend in September.

Class Notes 1950s

Richard E. Wiley (JD ’58) was listed by the National Law Journal as one of the “100 Most In�uential Lawyers in America.”

James R. Thompson (JD ’59) was listed by the National Law Journal as one of the “100 Most In�uential Lawyers in America.”

1960s

Jerry M. Reinsdorf (JD ’60) has joined the board of A�er School Matters.

Timothy J. Riordan (JD ’65) was named to “Chicago’s Top Rated Lawyers List for 2013” by LexisNexis® Martindale-Hubbell®.

Edward C. Osterberg Jr. (JD ’66) was appointed partner in the tax trans-actions and consulting practice at Mayer Brown LLP in Houston.

Sheli Z. Rosenberg (JD ’66) was named chairman of the board of Nanosphere.

Gregory E. Norwell (JD ’67) was named to “Chicago’s Top Rated

Lawyers List for 2013” by LexisNexis® Martindale- Hubbell®.

Anton R. Valukas (JD ’68) was listed by the National Law Journal as one of the “100 Most In�uential Lawyers in America.”

William L. Hood Jr. (JD ’69) has retired

from American Airlines a�er a long and rewarding career.

1970s

Stephen J. Landes (JD ’70) received the Award for Excellence in Pro Bono Service from the United States District Court for the Northern District of Illinois and the Chicago chapter of the Federal Bar Association.

David B. Sosin (JD ’71) was elected to the board of governors of the Illinois State Bar Association.

Dalveer Bhandari (LLM ’72) received an honorary degree of LLD from the National Law University, Delhi.

James Peirce Tuthill (JD ’72) was featured in the article “Guns, Media, and American Culture” in the San Francisco Chronicle.

Attention Wigmore Club Members:

The annual Wigmore Reception has been moved to the spring! Save the date: April 11, 2014

�rough their annual leadership gifts, John Henry Wigmore Club members build on Dean Wigmore’s legacy, helping to foster and stimulate the spirit, scholarship, professional objectives and ideals he inspired during his long tenure.

For more information on joining the John Henry Wigmore Club, please contact Emily Mullin at 312-503-1558.

Do you want to support Northwestern Law and reduce your tax liability at the same time? Consider making a gift of appreciated securities. Under certain circumstances, you can both avoid capital gains and take a deduction for the full market value of the gift. For more information, contact MaryPat Mauro, director of major gifts in the O�ce of Alumni Relations and Development, at 312-503-2688 or [email protected].


ALUMNI NEWS

Four Alumni among NLJ’s “Most In�uential Lawyers”�e National Law Journal’s newest “100 Most In�uential Lawyers in America” list includes four Northwestern Law alumni: Carter Phillips (JD ’77), James �ompson (JD ’59), Anton Valukas (JD ’68), and Richard Wiley (JD ’58). In its �rst such list since 2006, the NLJ identi�ed the 100 lawyers in the United States “who have shaped the legal world through their work in the courtroom, at the negotiating table, in the class-room, or on Capitol Hill.”

Phillips, chair of Sidley Austin’s executive committee, has argued 76 cases in the Supreme Court, more than any lawyer currently in private practice. Phillips also has argued more than 100 cases in United States courts of appeals, including at least one in every circuit in the country, and 25 in the Court of Appeals for the Federal Circuit. Phillips also teaches in the Bluhm Legal Clinic’s Supreme Court Clinic.

As the longest-serving governor in Illinois history, �ompson was noted for his skill in settling di�cult labor-management problems and his ability to manage one of the nation’s largest public budgets while maintaining one of the nation’s high-est state bond ratings. A�er leaving public service, �ompson joined Winston & Strawn, where he is presently senior chairman and previously served as chairman of the executive committee as well as chairman and CEO.

Valukas, chairman of Jenner & Block, focuses on major civil and white-collar criminal litigation. In 2009 he was appointed as the examiner in the Lehman Brothers Holdings bankruptcy. �e resulting 2,200-page account, coined by the press as the “Valukas Report,” was universally applauded for its clarity and usefulness in determining what brought about the demise of Lehman Brothers.

Wiley, chairman of Wiley Rein, heads the �rm’s 80-attorney Communications Practice, the largest in the nation. As chairman of the Federal Communications Commission from 1970 to 1977, he fostered increased competition and lessened regulation in the communications �eld. He also played a pivotal role in the develop-ment of HDTV in this country, serving for nine years as chairman of the FCC’s advisory committee on Advanced Television Service. n

NLJ’s Chicago “40 under 40”Northwestern Law alumni Ryan Harris (JD ’02) and Britt Miller (JD ’98) made the National Law Journal’s list of “Chicago’s 40 under 40” lawyers who have “wielded in�uence in their practice areas in the Chicago area and beyond.” Zev Eigen, associate professor of law, was also on the list, which appeared in NLJ’s July 1 issue. n

Alumni Swearing-In Ceremony

at theSupreme Court

of the United States

Join Dean Daniel B. Rodriguez

in Washington, DC, on Monday,

March 10, 2014, for a special

admission ceremony to the Bar of

the United States Supreme Court

for Northwestern Law alumni.

Space is limited to 50 attorneys and is available on a �rst-come basis. To qualify, an alumnus/na must have been a member in good standing of the highest court of his or her jurisdiction for the past three years. The application requirements include the following items:

• Completed Application for Admission to Practice form, found on the Supreme Court website at www.supremecourt.gov/bar /barapplication.pdf

• Certi�cate of good standing from the highest court of one’s jurisdiction

• Signatures of two sponsors who are current members of the US Supreme Court Bar

• $200 admission fee made payable to US Supreme Court

Paperwork and payment must be received by Terese Molinaro at Northwestern Law no later than Monday, November 4, 2013. Comprehensive event and application details are available at www.law.northwestern.edu/supremecourtbar. Contact Terese Molinaro at [email protected] or 312.503.1793 with questions.

Each person being admitted may bring one guest to witness the swearing in.

FALL 2013 | 57

Scott A. Bremer (JD ’75) was named one of the state’s 2013 “Super Lawyers” by Illinois Super Lawyer magazine for his work in bonds and government �nance.

Gary G. Grindler (JD ’76) has rejoined the law �rm King & Spalding LLP as a partner.

Brian J. Hennigan (JD ’76) was listed as one of the “Top 100 Lawyers in Southern California” by Super Lawyers for the seventh consecutive year.

Dean Hansell (JD ’77) coauthored the book Law of Reinsurance (2013 edition, West Publications).

Carter G. Phillips (JD ’77) was appointed chairman of Sidley Austin’s executive committee and was listed by the National Law Journal as one of the “100 Most In�uential Lawyers in America.”

Lawrence A. Wojcik (JD ’77) received the Pro Bono Champion Award from Appleseed and the Chicago Appleseed Fund for Justice for his commitment to the public interest.

Craig L. Caesar (JD ’78) was named shareholder at Baker, Donelson, Bearman, Caldwell & Berkowitz PC.

Robert C. Knuepfer Jr. (JD ’78) received the Client Choice Award for General Corporate in Illinois from Lexology.

Ruben Castillo (JD ’79) is the new chief judge of the Northern District of Illinois.

Marc J. Strauss (JD ’79) was appointed vice chair of the board of trustees at Northern Illinois University.

1980s

Antoinette C. Bush (JD ’81) was appointed executive vice president and global head of government a�airs at News Corp.

Pamela Rothenberg (JD ’84) was rec-ognized in the 2013 Chambers USA report for her work in real estate law.

Retta Miller (JD ’85) received the Dallas Business Journal’s 2013 Women in Business Award.

Bernard J. Bobber (JD ’87) was appointed vice chair of the labor and employment practice at Foley & Lardner LLP.

Michael J. Sacks (JD-MBA ’88) has joined the board of A�er School Matters.

Willard T. Walker Jr. (JD ’88) was appointed to the board of directors for ARC Group Worldwide, Inc.

1990s

Kathryn Kovitz Arnold (JD ’90) was appointed chair of Shefsky & Froelich’s real estate practice.

Sean M. Sullivan (JD ’90) has joined the trial law �rm Tobin & Muñoz.

Michael S. Mostow (JD ’91) was named one of the state’s 2013

“Super Lawyers” by Illinois Super Lawyer magazine for his work in environmental law.

Thomas J. Bluth (JD ’92) was appointed vice president of the Mining Products Division at Caterpillar.

James R. Saalfeld (JD ’92) has joined Bissell Homecare as director and corporate and commercial counsel.

Did you know that Northwestern Law alumni have access to the resources of the Center for Career Strategy and Advancement and the counseling services of the career advisers? Access to our job postings database (Symplicity) and application document reviews, as well as phone and in-person appointments, may be arranged by contacting the Career Strategy Center o�ce at 312-503-3498 or by email at [email protected].*

For more information about career support for alumni, visit www.law.northwestern.edu/career.

*Please keep in mind that same day appointments often may not be available. Please make appointments in advance.

Stephen Novack (JD ’72) in May defended Donald Trump in a dispute involving a condominium purchase in Trump’s namesake Chicago skyscraper. Jurors sided with Trump in the weeklong civil trial in federal court.

C A R EER SU PP O R T FO R A LUM N I

Alumni Interviewers NeededHelp our admissions team

recruit the finest students

from this country and abroad.

Volunteering as an alumni

interviewer is a great way to

stay connected and one of the

most effective ways you can

work to make the school even

better. For more information

about becoming an alumni

interviewer, email admissions@

law.northwestern.edu or visit

www.law.northwestern.edu

/alumni/volunteering to sign up

and learn about other alumni

volunteer opportunities.


ALUMNI NEWS

Adam J. Levitt (JD ’93) has joined Grant & Eisenhofer PA as director of the Chicago o�ce.

J. B. Pritzker (JD ’93) received the 2013 CityLIGHTS Award from the Illinois Technology Association for his support of the technology industry.

Michael B. Brodsky (JD-MBA ’94) was appointed to the board of directors of AltiGen Communications.

David A. Fisher (JD ’94) was named CEO of Enova International and was featured in the Crain’s Chicago Business article “Payday Lender Seeks Big Bucks.”

Brian P. Greene (JD ’94) was appointed to the board of Primary Energy Recycling Corporation.

Carlton C. Pilger (JD ’94) was appointed vice president and legal counsel at Digital Insurance.

Mitchell D. Kaye (JD ’95) was appointed to the board of directors of Aeolus Pharmaceuticals.

Katherine A. Lemire (JD ’97) was named president of MSA Investigations.

Peter M. Friedman (JD ’98) has joined O’Melveny & Myers LLP as a partner.

Nancy Shannon (JD ’98) has joined Hoge Fenton Jones & Appel.

R. Nicolas Mallo Huergo (LLM ’99) was appointed CEO of joint venture opera-tions for Argentina’s Andes Energia.

Lisa J. Matyas (JD ’99) was appointed an associate in the corporate group at Goodsmith Gregg & Unruh LLP.

2000s

Bjorn A. Andersen (JD ’00) has joined Goulston & Storrs as a director in the �rm’s real estate group.

Michael A. Duffy (JD ’00) has re-joined Baker & McKenzie’s dispute resolution practice as a partner.

Sarah L. Harris (JD ’01) was selected for the 2013 Fellows Program of the Leadership Council on Legal Diversity.

Evelyn J. Meltzer (JD ’01) was elected chair of the Delaware chapter of the International Women’s Insolvency and Restructuring Confederation.

David M. Santangelo (JD ’01) was promoted to counsel at Chadbourne & Parke LLP.

Christopher L. LaVigne (JD ’02) has joined the New York o�ce of Shearman & Sterling LLP.

Jodi Patt Pellettiere (JD ’02) was named one of the state’s 2013 “Rising Stars” by Illinois Super Lawyer maga-zine for her work in nonpro�t law.

Francis G. McCloud (JD ’03) was named an equity shareholder at Kirk-Pinkerton PA.

Peter N. Moore (JD ’03) has joined the Chicago o�ce of Barnes & �ornburg LLP as a partner.

Keith Koeneman (JD ’05) has written the book First Son: �e Biography of Richard M. Daley (University of Chicago Press, 2013).

Melissa E. Seiler (JD ’05) was named shareholder at Greenberg Traurig LLP.

Rena Thiagarajan (JD ’05) founded and launched Project Bly.

James B. Anderson (JD ’06) has joined Aon Hewitt as senior counsel.

Julia Santullano (JD ’06) has joined Levin Schreder & Carey Ltd. as an associate focused on estate planning, trust administration, and probate.

Lorraine Tyson (LLM Tax ’09) was named trustee and tax partner at Pugh, Jones & Johnson PC.

2010s

Todd Belcore (JD ’10) received a Young Lawyers of the Year Award from the Illinois State Bar

Association at its 137th annual meeting.

Michael Rhinehart (JD ’10) was named one of the state’s 2013 “Rising Stars” by Illinois Super Lawyer magazine for his work in business litigation.

Karl Riley (JD ’10) was named to Lawyers of Color’s inaugural Hot List for the Western US region.

�is list re�ects information received by the O�ce of Alumni Relations and Development as of June 30, 2013.

Justice Dalveer Bhandari (LLM ’72) (second from right) received an honorary LLD from the National Law University in Delhi at the university’s June convocation. Bhandari is a judge on the International Court of Justice, The Hague, and a former judge on the Supreme Court of India.

In Memoriam Northwestern University School of Law extends its heartfelt condolences to the loved ones of recently deceased alumni, faculty, and friends.

1930sDavid M. Jacobson (JD ’36)

1940sWilliam R. Stead (JD ’41)Harold T. Beckman (JD ’48)Leo Branton Jr. (JD ’48)Robert O. Covey (JD ’48)Asa B. Groves Jr. (JD ’48)Andrew W. Brainerd (JD ’49)Keehn Landis (JD ’49)

1950sHon. Warren H. Deering (JD ’50)Edward G. Bazelon (JD ’51)Dawn Clark Netsch (JD ’52)Leonard E. Zak (JD ’54)Robert E. Mason (JD ’57)Geoffrey F. Grossman (JD ’59)Douglas P. Maloney (JD ’59)

1960sRichard J. Kissel (JD ’61)Francis O. Spalding (JD ’64)Calvert D. Crary (JD ’68)

1970sStephen E. Walter (JD ’73)Patricia Anne Powell (JD ’76)

1980sDeborah G. Heilizer (JD ’85)

FALL 2013 | 59

Zimmerman Trial: Time to Reconsider Six-Member JuryBY SHARI SEIDMAN DIAMOND

This article was originally published

in The Miami Herald on July 15, 2013.

Note from the author: The Miami

Herald agreed to publish this op-ed

before the jury delivered its verdict

in the Zimmerman case in Florida.

The case offered an occasion to

highlight why Florida, based on his-

tory and social science, should reconsider its idiosyncratic six-member jury

for second degree murder cases. The conscripted jurors who gave nearly a

month of their time on a sequestered jury and apparently worked diligently

to reach their verdict are not in any way being criticized here. Indeed, the

op-ed could not be commenting on a verdict that had yet to be reached

when it was written.

Small juries, like all small samples, carry big costs. Doesn’t a jury in a seri-

ous criminal case have 12 members? Not in Florida.

Florida is one of only two states where a jury as small as six can decide

a serious felony case. It is the only state where a murder case goes to a

six-member jury. And second-degree murder in Florida is serious indeed,

carrying a sentence of 25 years to life. The circumstances of the shooting

that killed an unarmed teenager, moreover, are sharply disputed, implicating

the use of guns, the limits of self-defense and race relations. As we often

do, we have given the jury in this case a challenging task.

Why should we care if the jury has six or 12 members? The Sixth

Amendment guarantees the right to trial by jury, but it does not specify jury

size. When the Sixth Amendment was written, was the number simply

assumed? James Madison thought it was: He thought the number was 12.

For almost 200 years, the U.S. Supreme Court consistently accepted this

view, de�ning “jury” to mean the 12-member jury. For instance, in 1930, the

court said that “it is not open to question” whether juries may consist of

fewer than 12.

In 1970, however, the court reversed its position in Williams v. Florida

and found no constitutional objection to Florida’s six-member jury. The court

labeled the general use of 12 throughout history as an “historical acci-

dent.” The court’s characterization of the historical record has been widely

disputed, but even more egregiously, the court joined its new historical

assessment with a strikingly inaccurate behavioral claim.

It proclaimed that the behavior of six- and 12-member juries were “func-

tionally” equivalent, and therefore the six-member jury was unobjectionable.

In fact, the overwhelming weight of empirical evidence shows that juries of

six do not perform as well as juries of 12.

How do six- and 12-member juries differ? Two differences are particularly

relevant in the trial of George Zimmerman. First, numerous studies of all

kinds show that cutting jury size in half decreases the likelihood that the jury

will re�ect a representative sample of the community. The lone non-white

juror on the George Zimmerman jury is just one instance of that effect. The

all-female jury is another.

The gender make-up of the jury cannot be explained merely by the

majority female jury pool or attorney use of challenges. A total of 10 jurors

was selected, the jury of six and four alternates. Two of the alternates were

male. A larger jury that included the additional four would not have been

homogeneous on gender.

Ethnicity and gender are not the only dimensions of difference short-

changed by a smaller jury.

Any background or set of beliefs or life experiences that may affect

reactions to the evidence is substantially less likely to be represented

on a six-member jury than on a 12-member jury. Simply due to chance,

unrepresentativeness is more likely when only six jurors are needed to

constitute the jury. That loss is particularly troubling when the jurors are

evaluating crucial and disputed evidence, like the identity of the voice in

the background on the 911 tape in the Zimmerman case.

Second, jury research �nds that larger juries spend more time deliberat-

ing and their discussions of testimony are more thorough than smaller juries.

More vigorous debate re�ects the expanded pool of abilities and perspec-

tives provided by the larger jury. Similarly, the ability of dissenters to resist

majority pressure is promoted by the increased likelihood that a dissenter

whose position is not simply idiosyncratic will have one or more other jurors

who share that view. The dissenters might not carry the day, but their views

will be more seriously considered.

There is no evidence that jury size is associated with more pro-prosecution

or more pro-defense verdicts. Thus, the key here is not that the six-member

jury systematically advantages one side or the other. Rather, the point is

that a serious charge demands serious procedural consideration.

Even Florida, like every other state with the death penalty, uses a 12-

member jury for capital offenses. Second-degree murder does not carry the

death penalty in Florida, but it does call for thorough deliberation from a

variety of perspectives. The six-member jury is unnecessarily handicapped.

What should be done? Ample empirical evidence on the jury demon-

strates the need to reverse course. Perhaps in the wake of the Zimmerman

case, Florida will reconsider its unique position on jury size. Even better: In

recent years, the Supreme Court has turned down several opportunities to

revisit the question of jury size. Perhaps it should accept the next one. n

Shari Seidman Diamond is the Howard J. Trienens Professor of Law

at Northwestern University and a research professor at the American

Bar Foundation.


CLOSING REMARKS

SAVE THE DATE

www.law.northwestern/alumni

19641989

19691994

19741999

19792004

19842009

SEPTEMBER 19–20, 2014All Northwestern Law alumni are invited

to celebrate All Alumni Weekend, September 19–20, 2014. Reconnect with friends and faculty, participate in special

programming, and see how the Law School has changed over the years.

2014 Reunion Committee Members NeededVolunteer to help plan the event, establish and garner support

for the class gift, and encourage classmates to attend the 2014 reunions. If you are interested, email Charley Boynton at

[email protected] or call 312-503-1769

Additional events will be held for this year’s reunion classes:

Nonprofit Organization

U.S. Postage

P A I D

Northwestern University

Office of Alumni Relations and DevelopmentNorthwestern University School of Law375 East Chicago AvenueChicago, Illinois 60611 USA

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